HomeMy WebLinkAbout2005-09-131
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CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, September 13, 2005 at 7:00 p.m.
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
Roll -call Attendance:
X Shaun Wardle O Christine Donnell
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
Pledge of Allegiance: Presented
Community Invocation by Pastor Gordon Slyter, with Treasure Valley
Worship Center: Presented
Adoption of the Agenda: Approve as Amended
Consent Agenda:
A. Approve Minutes of July 25, 2005 City Council Budget Workshop:
Approve
B. Approve Liquor License for Epi's A Basgue Restaurant — 1115
North Main Street: Approve
✓C. Contract with Candy Weaver: Approve
/D. Contract withAspireOn: Omit
E. Addendum to Joint Powers Agreement with Meridian Rural
Fire District for Station No. 3: Approve
F. Contract for Black Cat Trunk Sewer — Phase 3 with JUB
/ Engineers, Inc.: Approve
" G. Contract for the Meridian WWTP SCADA Phase 1
Programminq with DC Engineering, Inc.: Approve
Meridian City Council Meeting Agenda — September 13, 2005 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.
Z"'H. Hosted Global Services Agreement with Active Network
Incorporated for Software Program for Parks and Recreation
Department: Approve
6. Department Reports:
A. Planning Department—Anna Canning
Follow-up Discussion of Letter from Floyd Robinson:
Discussed
I/ B. Parks and Recreation Department — Elroy Huff
Award of Bid for Autumn Faire Neighborhood Park
Development to Hillside Landscape Construction:
Discussed
C. Mayor's Office
✓ 1. Reappointment of Clarence Jones and Keith Bird to the
MDC Board: Approve to October 2008
✓2. Appointments to Economic Development Corporation:
7. Items Moved from Consent Agenda: Nothing
`Although the City of Meridian no longer requires sworn testimony, all
presentations before the Mayor and City Council are expected to be truthful and
honest to best of the ability of the presenter."
✓8. Request for Waiver of Fees for a Fence Variance for Don Hobbs in
Silverleaf Subdivision: Deny Request
9. Continued Public Hearing from August 23, 2005: AZ 05-032 Request
for Annexation and Zoning of .56 acres from R6 to L -O zone for West
Carol Street Professional Center by James and Carrie Jewett — 1560
Carol Street: Continue Public Hearing to September 27, 2005
V10. Public Hearing: MI 05-009 Request for Miscellaneous application for
approval to remove the Preliminary Plat, Final Plat and Development
Agreement requirement for a 20 foot landscape buffer on the southern
boundary of the property for Olsen Bush Subdivision No. 2 by R2
Development, Inc. — west end of East Lanark Street: Approve
Amendment to Preliminary Plat, Final Plat and Development
Agreement
Meridian City Council Meeting Agenda — September 13, 2005 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.
11. Public Hearing: AZ 05-015 Request for an Annexation and Zoning of
59.30 acres from RUT to R-8 zone for Crossfield Subdivision by
Packard Estates Development, LLC — 955 West Ustick Road: Continue
Public Hearing to October 4, 2005
12. Public Hearing: PP 05-017 Request for Preliminary Plat approval of 246
building (244 residential units, 1 daycare & 1 pool / locker facility /
restroom) lots and 26 other lots on 59.30 acres in a proposed R-8 zone for
Crossfield Subdivision by Packard Estates Development, LLC — 955
West Ustick Road: Continue Public Hearing to October 4, 2005
13. Public Hearing: CUP 05-022 Request for a Conditional Use Permit for a
Planned Development for single-family residential units with a request to
allow for reduced setbacks, reduced lot size, reduced frontages, reduced
house sizes and block lengths in excess of 1,000 feet in a proposed R-8
zone for Crossfield Subdivision by Packard Estates Development, LLC
— 955 West Ustick: Continue Public Hearing to October 4, 2005
14. Public Hearing: Proposed Planning Department Development
Application Review Fees:
/15. Resolution No. 05-489 Approving and Adopting the
Planning Department Development Application Review Fees Under
the Unified Development Code: Approve
V 16. Ordinance No. 05-1181 FY05 Budget Amendment:
Approve
17. Discussion of Appointments of Dale Newberry, Chris Klein, Cheryl
Brown to the Economic Development Corporation:
Cheryl Brown 1 year Term
Chris Klein 2 year Term
Dale Newberry 3 year Term
✓18. Executive Session per Idaho State Code 67-2345(1)(a(c))&(f): No
Decision
Meridian City Council Meeting Agenda — September 13, 2005 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.
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, September 13, 2005 at 7:00 p.m.
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
Roll -call Attendance:
Shaun Wardle 0 Christine Donnell
Charlie Rountree_ G� Keith Bird
Mayor Tammy de Weerd
2. Pledge of Allegiance: l7rekA'ki4
3. Community Invocation by Pastor Gordon Slyter, with Treasure Valley
Worship Center: 19?—errim�
4. Adoption of the Agenda: alp"Ve .4f kir SOL
5. Consent Agenda:
A. Approve Minutes of July 25, 2005 City Council Budget Workshop
B. Approve Liquor License for Epi's A Basque Restaurant — 1115
North Main Street: aM- P_�
C. Contract with Candy Weaver:
D. Contract withAspireOn: 6ky7zld'
E. Addendum to Joint Powers Agreement with Meridian Rural
Fire District for Station No. 3: ap12,rov-1.
F. Contract for Black Cat Trunk Sewer — Phase 3 with JUB
Engineers, Inc.: evp.rOW"
G. Contract for the Meridian WWTP SCADA Phase 1
Programming with DC Engineering, Inc.: aAovrowc�
H. Hosted Global Services Agreement with Active Network
Incorporated for Software Program for Parks and Recreation
Department: cyr✓w
Meridian City Council Meeting Agenda — September 13, 2005 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.
Department Reports:
A. Planning Department-SteveSiddeway Ahi p- f
C.
Follow-up Discussion of Letter from Floyd Robinson: 60t-ofrd*41
Parks and Recreation Department - Elroy Huff
1.
d/��ttrCGi�
Mayor's Office
Reappointment of Clarence Jones and Keith Bird to the
MDC Board: 0?- /-o /o -OS
2. Appointments to Economic Development Corporation:
7. Items Moved from Consent Agenda: fir
"Although the City of Meridian no longer requires sworn testimony, all
presentations before the Mayor and City Council are expected to be truthful and
honest to best of the ability of the presenter."
8. Request for Waiver of Fees for a Fence Variance for Don Hobbs in
Silverleaf Subdivision: -/,ehy refAZr1--
9. Continued Public Hearing from August 23, 2005: AZ 05-032 Request
for Annexation and Zoning of .56 acres from R6 to L -O zone for West
Carol Street Professional Center by James and Carrie Jewett - 1560
Carol Street: G,f� y��,//, /v 9-27-05
10. Public Hearing: MI 05-009 Request for Miscellaneous application for
approval to remove the Preliminary Plat, Final Plat and Development
Agreement requirement for a 20 foot landscape buffer on the southern
boundary of the property for Olsen Bush Subdivision No. 2 by R2
Development, Inc. - west end of East Lanark Street: \
Ca�inot�c a4tiu., til�•,A' f+� �p„e P.�l�fi�or�aG pCtiE tE l f?-
11. Public Hearing: AZ 05-015 Request for an Annexation and Zoning of
59.30 acres from RUT to R-8 zone for Crossfield Subdivision by
Packard Estates Development, LLC - 955 West Ustick Road:
CdY�/Yhuv JJ�h {v lo -4-05'
12. Public Hearing: PP 05-017 Request for Preliminary Plat approval of 246
building (244 residential units, 1 daycare & 1 pool / locker facility /
restroom) lots and 26 other lots on 59.30 acres in a proposed R-8 zone for
Meridian City Council Meeting Agenda — September 13, 2005 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.
Crossfield Subdivision by Packard Estates Development, LLC — 955
West Ustick Road: �vy,�f�hfq/{� /,o /p4 --a5
13. Public Hearing: CUP 05-022 Request for a Conditional Use Permit for a
Planned Development for single-family residential units with a request to
allow for reduced setbacks, reduced lot size, reduced frontages, reduced
house sizes and block lengths in excess of 1,000 feet in a proposed R-8
zone for Crossfield Subdivision by Packard Estates Development, LLC
— 955 West Ustick: 60�, y1.PLL, p/f,, /v /o—¢ -OS
14. Public Hearing: Proposed Planning Department Development
Application Review Fees:
15. Resolution No. i�S `T89 : Approving and Adopting the
Planning Department Development Application Review Fees Under
the Unified Development Code:
16. Ordinance No. Z)�5�116ql : FY05 Budget Amendment:
(g )7' Executive Session per Idaho State Code 67-2345(1)(a(c))&(f):
IT EG�nw.rfz lStwQoP..w,Jf Covrr ,-�h.:> jr,i�rrw�"f
Cl,, .
Meridian City Council Meeting Agenda — September 13, 2005 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.
Meridian City Council Meeting September 13, 2005.
The regular meeting of the Meridian City Council was called to order at 7:17 P.M.,
Tuesday, September 13, 2005, by Mayor Tammy de Weerd.
Members Present: Tammy de Weerd, Keith Bird, Shaun Wardle, and Charlie Rountree.
Members Absent: Christine Donnell.
Others Present: Ted Baird, Will Berg, Anna Canning, Bob Stowe, Bill Johnson, Len
Grady, Brad Watson, and Dean Willis.
Item 1: Roll -call Attendance:
Roll call.
X Shaun Wardle Christine Donnell
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: I will go ahead and call the meeting to order of the regular City Council
meeting. It's Tuesday, September 13th. It's 7:17. Thank you for joining us this
evening. Mr. Berg, will you, please, call roll?
Item 2: Pledge of Allegiance:
De Weerd: Thank you. Item 2 is the Pledge Of Allegiance. If you will, please, all rise
and join us in the pledge.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Pastor Gordon Slyter, with Treasure Valley
Worship Center:
De Weerd: Item No. 3 is our community invocation. If you will, please, take this
opportunity to join us in the community invocation or use this as a moment of silence.
We will be led tonight by Pastor Gordon Slyter with the Treasure Valley Worship Center.
Thank you for joining us.
Slyter: Let us pray. Our Father in Heaven, we thank you for your good hand upon us.
So many blessing, Lord, that we enjoy, just the opportunity to live in peace, to
participate in democracy, just thank you for these blessings. And, Lord, here as we see
in Meridian the growth and opportunity that have abounded in these last years, thank
you for the blessings that come with that and also the challenges. Would you, please,
give this Council tonight wisdom as they face the challenges of providing leadership and
direction for our city. Lord, tonight we also remember fellow citizens in the southern part
of our nation, down in Louisiana, Mississippi, Alabama, comfort those who have lost --
Meridian City Council
September 13, 2005
Page 2 of 51
whether it be material possessions or even the lives of loved ones, comfort them and
help those who are the helpers and help them rebuild we pray. So, now, Lord, we place
this meeting in your hands tonight and thank you in advance for your leading and your
blessing in Jesus' name we pray, amen.
Item 4: Adoption of the Agenda:
De Weerd: Thank you so much for joining us tonight. Okay. Item 4 is adoption of the
agenda.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: We have some changes to the agenda. On the Consent Agenda we need to
omit Item D. Item C-2 of the Mayor's office needs to be placed as Item 18 to the end of
our agenda, which relates to Item 5 on our pre -council agenda, which was moved.
Items 11, 12, and 13 have requested to be tabled until October 4th. Resolution No. 05-
489 and Ordinance No. 05-1181. With that, I move that we adopt the agenda as
amended.
Bird: I second, but I have one question. Could we move the Mayor's deal to 17 and
move 17 to 18, the Executive Session?
Wardle: Certainly. I would include that in my motion.
Bird: Second would agree.
De Weerd: Okay. And I guess we will find out why my Item C was moved to the end of
the agenda. Right?
Wardle: Your item at the end of the agenda was related to Item 5 on the pre -council
agenda, which we tabled to the --
De Weerd: Okay. You don't want to just discuss it as that comes up?
Wardle: We agree to move it to the end of the agenda.
De Weerd: Well, I haven't asked for a vote.
Wardle: You can when you want.
De Weerd: Okay. Is there any further changes?
Bird: Well, 11, 12 and 13.
Meridian City Council
September 13, 2005
Page 3 of 51
De Weerd: October 4th? Okay. Okay. If there is no further changes, all those in favor
of the adoption of the agenda as amended say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5: Consent Agenda:
A. Approve Minutes of July 25, 2005 City Council Budget Workshop:
B. Approve Liquor License for Epi's A Basque Restaurant — 1115
North Main Street:
C. Contract with Candy Weaver:
D. Contract with Aspire -On:
E. Addendum to Joint Powers Agreement with Meridian Rural
Fire District for Station No. 3:
F. Contract for Black Cat Trunk Sewer — Phase 3 with JUB
Engineers, Inc.:
G. Contract for the Meridian WWTP SCADA Phase 1
Programming with DC Engineering, Inc.:
H. Hosted Global Services Agreement with Active Network
Incorporated for Software Program for Parks and Recreation
Department:
De Weerd: Consent Agenda.
Wardle: Madam Mayor?
De Weerd: Yes.
Wardle: I move that we adopt the Consent Agenda with deletion of Item D and for the
Mayor to sign and the Clerk to attest on all proper papers.
Bird: Second.
De Weerd: Okay. Motion to approve the Consent Agenda as amended. If there is no
further discussion, Mr. Berg?
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Meridian City Council
September 13, 2005
Page 4 or 51
Item 6: Department Reports:
A. Planning Department — Steve Siddoway
1.
Follow-up Discussion of Letter from Floyd Robinson:
De Weerd: Thank you. Item 6 is our Department Reports. We will start with the
planning department. And, Anna, is not Steve, but Anna will be giving the report.
Canning: Yes. Madam Mayor, Members of the Council, Steve got pulled away to a
meeting up north today to substitute for Clair Bowman, so that's why he's not with you.
But I am capable of doing this update for you. As you know, Mr. Robinson wrote to you
and was concerned about access issues in the Blue Marlin Subdivision in this area in
particular here. You can see that as you come off of Linder into these subdivisions, that
is the only access. If there were ever to be an accident or some reason that Linder was
closed for this section, none of these homes, including these Ada County one -acre
parcels would have an alternative access to Franklin Road. There are two stub streets.
One is here and another is -- if I can find it. Right there. We had talked over a year ago
to the owner of this property, which is Rose Cottage Industries, and at that time they
were looking at -- I think they were considering selling the property, so they didn't want
to put any encumbrances on it at that time. Since that time Rose Cottage Industries is
selling to another entity and they have expressed a desire to work with the city on
providing an emergency access to that residential subdivision. This is just their
tentative concept plan at this point and you can see that they do plan on connecting
from Waltman Court to Muscovy Avenue. I talked with Jay Kaplan today, who is the
managing partner of the LLC that will be acquiring the property in October -- mid
October this year and he said that they didn't have any problem with it. All he was
looking for from the city was a drawing of where that emergency access easement
would go, a legal description of the easement, and, then, an assurance from the city
that they would work with him to relocate that easement or make it go away, whichever
one is appropriate, as he looks to develop his property and those seemed all
reasonable requests. What this emergency access would be is that this -- ACHD has
agreed to scrape the road and put down a road base, I believe, so that emergency
vehicles could drive on it and that's all it would be at this point. It would be -- not be
enough to encourage people to use it as a driving surface and I think we'd still have a
barricade or some sort of gate to prevent them using it as regular access. So, this
property is not likely to be fully developed until the roadway improvements are done at
the Waltman Court -- at this intersection here, so that Waltman has a good access to
Meridian Road. So, we foresee that this emergency access could be in place for a
couple of years before a public street would be in. And with that, if the Council could
just provide some guidance on how they'd like to proceed, if -- I think I could work with
legal department. It's probably the two departments working together to come up with
some agreement.
De Weerd: Okay. Council?
Meridian City Council
September 13, 2005
Page 5 of 51
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I don't know what all direction you need, but I, for one, would move that we
instruct staff to work with legal counsel, ACHD, and the mentioned property owner to
work out the easement agreements necessary in order to provide emergency access.
Wardle: Second.
De Weerd: Okay. Motion is to instruct staff to move forward as instructed. There
seems to be some comment. Let's first vote on our -- I will ask you in a moment to
come forward. All those in favor say aye. Those opposed?
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Okay. Mr. Robinson, if you will, please, come forward. Good evening. If
you will, please, state your name.
Robinson: Floyd Robinson, 828 South Redhead in Meridian. I'm right there on the
map. Has there been any consideration of coming from -- I don't have a pointer.
De Weerd: Right there in front of you.
Robinson: Is this it? Okay. From that street to that street. Okay. That one's already
there and that one's already there. All we need is a little bridge right there and a way to
get to it.
De Weerd: It's that little bridge that costs a lot of money.
Robinson: Well, I can understand that, but we have been waiting nine years.
De Weerd: Sir, we are concerned as you are for the emergency access. This is the --
at this point because that will all be driven by development and that cost would be theirs
and this is the easiest way for -- and the least expensive way for us to get an
emergency access out of that area. So, at this point it is the most feasible. But,
eventually, that's is to be a connecting point.
Robinson: Thank you.
De Weerd: And I do believe that there is a house now in the way.
Canning: Yes, Madam Mayor, the subdivision that developed on the north side of the
canal did road trust for half the cost of a bridge, but the logical extension of that is both
south and, then, to connect west and there is a house right there where that road would
Meridian City Council
September 13, 2005
Page 6 of 51
go south and it's a new house and it's a large house and the person, apparently, enjoys
living there. So, until such time as that person decides they don't want to live there, this
will likely -- the alternative access out of this subdivision will likely be through Waltman
Court -- or Waltman Lane.
De Weerd: And that is the dilemma we find ourselves in. That was approved by the
county, because that is in the county, and it -- at this point there is -- there is no
opportunity for the city to deny any kind of building permit or whatsoever when we have
a road idea in that area. So, we are -- we, like ACHD, are usually not even notified, but
we do want to get that emergency access in and this seems at this point the soonest --
the best opportunity we have.
Robinson: I thank you for your patience.
De Weerd: Thank you. Anna, if you will, please, pass along our appreciation to Steve
and ACHD for working together to find a solution on this. And thank you, Mr. Robinson.
B. Parks and Recreation Department — Elroy Huff
Fill
De Weerd: Okay. There is no further item on that. Parks and Recreation. Doug, are
you -- Elroy -- oh, Elroy still is here.
Huff: Hiding in the back. See if I can make that work. Madam Mayor, Members of the
Council, I'm here tonight to give you an update on the Autumn Faire Seasons Park
issues that we had last time I was here. Just -- I don't know if Councilman Rountree
was here last time. He was gone, I think.
Rountree: Last week?
Huff: Was it last --
Rountree: Two weeks ago I was here and --
Huff: Okay. Sorry. Just making sure I caught everybody. Early in the spring last year
we met -- I met with the irrigation district about a pump station on that site and with an
irrigation lake, so we would have enough to be able to get across that park irrigation -
wise, in a timely manner. They -- there was some other things that came up there and
some developers come in and we asked -- got asked to go to a meeting and they were
looking at developing some property to the west in that they would have had a large
regional pump station that would have served that sub, including us. In some studies
since that time of that particular thing it has cooled off and it doesn't look like that the
development that the developers may have wanted to do to the west is ready yet to
happen. So, during the course of the summer, the irrigation district experienced some
Meridian City Council
September 13, 2005
Page 7 of 51
l
lower pressure in that sub as more homes were built in the Autumn Faire and Trisha's
Crossing and they don't have enough pump capacity and their pumps are a long ways
away. So, what they wanted to do is finally come back to us and said, well, why don't
we share a pump station in our park, so we can have a booster station down in that
area and that put us right close to that. And so, anyway, we have had those two
conversations with them and when those developer guys were looking at that, they got
-- they'd like to have those pump stations built and turned over to them, so they kind of
jumped on that. But now in the last few days, since we had another meeting with them,
they have come back around and I'm currently working with them to get a pump station
in that site. It will boost up their sub and take care of their complaint problems and
serve us. I do not have that totally worked out yet. I thought that would have been by
now. In the course of the summer we decided if we are ever going to get this park built
we'd go put it out to bid, knowing that we'd have to cinch these things up. So, we are
still working on those. We did put it out to bid. We got two responsible bidders. The
bid was 224,000. It was more than what we had budgeted. I think we had that
discussion last time I was here. And I did talk with the contractor. He's asked me to do
that and see if he would -- how much work he would do for the money that we had in the
account. He did come back to me, we talked that over. He would do all irrigation and
green up and all these kinds of things, but it would not include any hard-scape on the
site. And our meetings on staff, we discussed what we should do. We know that we
have about a hundred and I think 13 thousand dollars budgeted for next year for the
restroom and a playground. And in order to get that park built, I think probably the best
interest that we could do is the contractor said he could wait a little while. The costs are
going up daily, but he said he could hold a little bit. And so we are looking at the
possibility of coming back after October 1st on our new budget year and asking for an
impact fee amendment to finish that, get that park finished and, then, take our 113 and
go right to the restroom construction. I just have to work out the irrigation details. I do
not know how much that will cost. I only want to pay our share of what a pump station
would be. They are going to put a big one in and we are going to try to get on in next to
it that serves our park site. That's where I'm at today.
De Weerd: Okay. Council, any questions?
Bird: I have none. Thank you, Elroy.
Huff: Thank you very much.
De Weerd: Thank you. Item C is the Mayor's report. In front of you are -- is my
reappointment --
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I believe this -- we moved this to Item 17 or are we going to keep it to --
1
Meridian City Council
September 13, 2005',
Page 8 of 51
Wardle: Item 2
Rountree: Item 2.
Bird: Oh, Item 2. I'm sorry. I'm sorry, Mayor. Go ahead. You guys got to quit
whispering down on that end. I can't hear you.
De Weerd: Okay. I would -- well, I'm trying to reappoint you to a board. Are you trying
to avoid this?
Bird: Keep talking.
De Weerd: In front of you are two names to reappoint to the Meridian Development
Corporation board. That reappointment is because their terms are up. I believe they
are three year terms. And the reappointment is for Clarence Jones, who has been with
this urban renewal project since the conception and Councilman Keith Bird, who has
also been on this board since it was first established. I will need a motion to approve,
unless you need any further explanation.
Wardle: Madam Mayor, I'm going to make a motion to approve and certainly thank Mr.
Bird for his efforts on the MDC board and certainly acknowledge Clarence Jones' efforts
from the very start of this and also we heard I believe a couple weeks ago that Mr.
Jones has a formula to cash flow a parking garage, which I think is a wonderful thing.
So, with that I would move that we accept the recommendation to reappoint Clarence
Jones and Keith Bird to the MDC board.
Rountree: Second.
De Weerd; Okay. Motion to approve the reappointment of Clarence Jones and Keith
Bird to the MDC board. If there is no further discussion, Mr. Berg, will you call roll.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Council, we have moved Item No. 2 to the end of the agenda. I would like
to also share with you, although none of you were able to join us this morning, I did read
a proclamation proclaiming today as recovery awareness day. We had some speakers
with us this morning at the police department that talked about some of the substance
abuse issues that we have in this valley and in our community and certainly we were
celebrating their recovery. But it's also a reminder that there are some issues that are
probably those that we don't want to talk to publicly about, but we need to. We do have
an alcohol problem, as well as a drug problem in this valley, and the more we can raise
the awareness of these issues and how they affect us, not just in our workplace, in our
neighborhoods, but also in our crimes committed in the family and domestic violence
areas as well. So, certainly we had between 40 and 50 people gather this morning.
Meridian City Council
i
September 13, 2005
Page 9 of 51
Two Representatives, both Representative Kathie Garrett and Representative Shirley
McKague were there. We appreciated their attendance and their diligence to some of
these efforts. The reason I'm bringing this up is, next week I will be bringing to us an
ordinance for your consideration on pseudo -ephedrine. I will be getting that out there.
It is something that our attorneys have drafted. It's being considered valley -wide by all
of the mayors, the city councils, and the commissions -- the county commission in our
valley, to make a statement about some of the problems associated with pseudo-
ephedrine and the product that is delivered from that, which is meth. The second Item
I'll bring to you next week is on a detox center that's being processed through the
county through the sheriffs department and what the city's -- or what they have
requested the city's participation in that detox center. It certainly was an item of
discussion this morning and certainly a very supported issue in raising the awareness of
recovery efforts and the importance to our community. So, I will be adding that to our
agenda next week and I will be getting you the paperwork this week, so you have a
chance to read -- review those in advance. As well, I hope that one of the council -
members will be able to join a meeting next week following Council's discussion on the
detox center with the sheriffs department and the Ada County. I have a previous
commitment out at the Department of Corrections. I'm not being incarcerated, but I do
have a previous commitment out there and so if one of you can represent the city, I
would appreciate that. And I will get you that information as well.
Item 7: Items Moved from Consent Agenda:
De Weerd: So, I will move on into our agenda. Item 7 we did not have items moved
from the Consent Agenda. We did have an item removed from the Consent Agenda,
but that was removed and does not require any action tonight.
Item 8: Request for Waiver of Fees for a Fence Variance for Don Hobbs in
Silverleaf Subdivision:
De Weerd: Item 8 is a request for a waiver of fees for a fence variance and, Ted, are
you or Anna covering this? Anna.
Canning: Madam Mayor, Members of the Council, we have let Mr. Hobbs know that he
needs to present his own case for the request for a waiver to City Council. In
anticipation of the Council's usual question as to whether staff is in support of the waiver
of fees, staff still -- has generally only supported a fee waiver when we feel that the cost
of providing the service that we do to the applicant is covered by other fees. Usually
they are just waiving a portion of the fee that seemed in excess of what it would take to
process it or if there has been some error on the part of staff in processing a previous
application, then, we can be in support of a fee waiver. Neither of those has occurred.
This is a request to locate a six-foot fence immediately adjacent to a sidewalk -- not that
you're acting on that one today, but just so you know that that's what it is. So, it would
be a variance and that would come to you for approval. That's the gist of it.
Meridian City Council
September 13, 2005
Page 10 of 51
De Weerd: Is this an unusual case? And Mr. Hobbs, will you, please, join us and state
your name and address for the record.
Hobbs: Don Hobbs, 2683 West Chinden, Meridian.
De Weerd: Thank you very much.
Hobbs: Madam Mayor, Members of the Council, a little history of this. The city and the
developer actually laid out -- I guess you say the developer laid out the acre that I have
retained and the city approved it, but I have -- the objection of staff was that I wanted a
fence close to a sidewalk. Well, it's almost surrounded by sidewalks. The streets are --
I have four streets that are coming right into my parcel and there is not going to be any
concern about emergency access, because they are going to be able to come from four
directions, plus I have a fire hydrant across the road. So, I'm well protected I think. I
have here some handouts, if I might, and I will give you a little better idea of what this
looks like.
Baird: Madam Mayor?
De Weerd: Mr. Baird.
Baird: If I could just remind the Council that the issue tonight is merely whether the fees
shall be waived. I would urge you to not engage in any discussion about the merits of
the request itself. That would be rescheduled at a separate hearing.
De Weerd: Okay. Thank you.
Hobbs: Well, the reason I think the fees are justified is -- you received a letter from the
developer and I think you have a copy of that, Land Pro Development, and I can read
from that, if you have it in front of you. It says: I'm writing this letter in hopes you
endeavor to get your fence approved by the City of Meridian. It is addressed to me, but
you have a copy. As the owner of the property surrounding your home in Silverleaf
Two, we do not object to your wish to have a six-foot fence in your back yard that abuts
Tango Creek. We understand that when you sold your property to Liberty Development
your desire was to install a six foot fence. That's why Liberty Development's hope is the
City of Meridian will grant you a permit to build your fence along West Tango Creek. If
there is anything further I can do, please, do not hesitate to call. Now, one of the
problems here is that the staff has interpreted my back yard as my side yard. If you can
look at the photographs -- I don't know, it's -- how much you want to get into this, but if
you look at the photographs -- well, there is a plat there and you can see that the streets
almost completely surround the property. You have Tango Creek at the bottom and,
then, you have all the vegetation right up close to the sidewalk. The city ordinances
state that if I want a six foot fence it has to be ten feet from the sidewalk. If I put one ten
feet from the sidewalk it's going to be inside all these shrubs and vegetation, they will be
on the outside of the fence adjacent to the sidewalk, instead of in my back yard. Then,
if you look at the photographs, the first page shows what the staff is calling my front
Meridian City Council (,
September 13, 2005
Page 11 of 51
yard and that shows that I have a large area here that -- where they ran the big pipe
under there for the irrigation, 48 inch pipe, and you have a big square cover there,
that's, actually, the side yard. And, then, you can see the other areas there, all the bare
dirt in the background and that's considered my front yard, according to staff, the way
they are interpreting the city regulations. But you turn to the second page of the photos
and the one top on the left, that's, actually, the front view of my house. And, then, on
the right is the back yard and the two bottom ones show -- especially the right bottom
one, shows standing on the patio and looking back across into the street and if
somebody is driving up with a vehicle they are shining their lights right in your face
when you're sitting in your back yard. And we have a nice waterfall there, we have little
lights around there --
De Weerd: Mr. Hobbs, If we can -- we will get into the detail of that in the variance
itself, but if you can -- I believe that your request is because of the unusual situation
surrounding your property and it was caused by the approval of the property -- and I
shouldn't be putting words in your mouth, you're requesting a fee waiver and that's what
they would be determining tonight.
Hobbs: Yes. Yes.
De Weerd: Okay. Is that correct?
Hobbs: Yes.
De Weerd: Okay.
Hobbs: That's exactly the way I feel, that the city approved it the way it was designed. I
had no control over it. In fact, the original design put the line right through my waterfall,
the back property line, and I convinced the city at one of the meetings to at least move it
back a few feet, so that I could save my waterfall. And it's just a situation where it just
doesn't fit not to have a fence that's tall enough to be some kind of a privacy fence
there. So, I feel a fee waiver is very justified. Even the developer feels that way and
has written so in his letter.
De Weerd: Okay. Mr. Wardle.
Wardle: Madam Mayor, just a question of Anna. In general. I'm not quite following
exactly what happened. Is this an existing home which was then -- the property was
subdivided and re -platted in a new subdivision? Is that what we are talking about?
Canning: Yes. Centennial Development purchased the property I believe from Mr.
Hobbs and they left his home as a large acre parcel within the subdivision.
Wardle: Okay. Thank you.
Meridian City Council t'
September 13, 2005
Page 12 of 51
I
Rountree: Madam Mayor, further clarification from Anna. So, I assume that the request
has gone to the planning and zoning and the fence committee and it's been rejected to
put a fence --
Canning: No, sir, I did not --
Rountree: -- on the back of the sidewalk.
Canning: We heard from Mr. Hobbs probably two weeks ago. About then. And the
question was whether or not he should try and get into the fence waiver process. It
would have -- had he submitted one, which he has not, it would likely have been denied,
because it just doesn't fall into the ones that typically get approved. So, it would have
likely been denied and, then, come to you on appeal. So, rather than having him rush
to get that application in, we just suggested that he go with the waiver procedure. Or,
I'm sorry, the variance under the new code. There is no fence waiver in the new code.
Sorry.
Rountree: Madam Mayor? Help me understand the process we have now. I can't
remember --
Canning: As of Thursday -- as of Thursday we will allow as of right the ten -foot side
yard -- which is, basically, the only fence waivers we ever approved. So, we just wrote
those in and allowed those. So, the fence waiver procedure is gone. It would just be a
standard variance and you would have to make the findings for a variance.
De Weerd: , So, the request is to waive the fee of applying for the variance.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I mean he subdivided this and, you know, the preliminary plat. Why is he asking
for -- why are you asking for a fee variance or elimination on your variance? I mean
everybody has to pay a fee to come in and I don't see where the city, by approving this
subdivision, put a hardship on you in that park. It didn't make you have to put a fence
around there. You were the gentleman that sold the property to these developers. I
don't see why you're asking for a waiver of the fee. And maybe you can clarify that for
me.
Hobbs: Certainly, Mr. Bird. For one thing, when this was addressed, one of the city
council -members said let's -- because I brought up the fence issue, I want a privacy
fence in the back, because it's just in the middle and all the streets coming together and
there is just no privacy there at all. It's just so exposed. And one of the council -
members suggested that we handle it right then and staff said that won't be necessary,
we will just cover it with a permit. So, it didn't discuss it and we tried to find that in the
minutes, couldn't find it in the minutes, so whether it was discussed at a break, I don't
Meridian City Council
September 13, 2005
Page 13 of 51
know. But I definitely remember that that was discussed, because I wanted to address
it at the time, which would have been the most appropriate time when the subdivision
was being approved, to approve the fence at that time. But it didn't get done. So, that's
why I felt we should have handled it then and, then, there wouldn't even have been a
permit, let alone any kind of a request for a waiver.
De Weerd: Did that answer your question?
Bird: That answered my question.
De Weerd: You know, at the time the fence issue was raised, it just -- it was not
brought out what side setbacks and side yards and front and back would change
because of this and so at the time it was said you can work out those details. Then, the
platting occurred and we realized that the details now necessitated something different
that staff couldn't do at their level, as I understood it.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I don't see a compelling case here for a waiver of the variance fees. I think if
-- if, in fact, a fence is desired in that location, it would require a variance. We run into
these kinds of strange things as it relates to existing properties being consumed and
incorporated into plats all the time and we don't and the developers don't and the
individual property owners don't fully anticipate or comprehend what the end product is
going to do in terms of access and frontage, but our ordinance was in place at the time
this subdivision was platted. I assume. I don't know when it was platted. And it does
not allow fences to be placed on the back of sidewalks. So, I don't know that I feel any
reason to support the request to vary the -- or to waive the variance fee.
Bird: Is that a motion?
Rountree: That's my opinion.
Bird: I will second that.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Seeing no further discussion, I would move we deny the request to waive the
variance fee from Mr. Hobbs.
Bird: Second.
Meridian City Council \
September 13, 2005
Page 14 of 51
De Weerd: Okay. There is a motion to deny the request for waiver of fees as stated in
Item No. 8. Is there any further discussion? Mr. Berg. No. Okay. Do we need roll
call?
Baird: Yes.
De Weerd: Okay. Mr. Berg.
Roll -Call: Bird, yea; Rountree, yea; Wardle, nay; Donnell, absent.
MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT.
Baird: And, Madam Mayor, I would suggest that the clerk keep one copy of the
handout, but -- as an indication that what was presented to you tonight was not relevant
to the fee discussion. I would suggest that we hand this back to Mr. Hobbs for
submission at such time that the matter would come to you on the merits.
De Weerd: Okay.
Baird: So, it is in the record, but I wanted to --
De Weerd: So you can use these later.
Baird: -- make a point that you did not consider that information regarding the fees
tonight.
Item 9: Continued Public Hearing from August 23, 2005: AZ 05-032 Request
for Annexation and Zoning of .56 acres from R6 to L -O zone for West
Carol Street Professional Center by James and Carrie Jewett — 1560
Carol Street: '
De Weerd: Okay. Thank you, Mr. Hobbs. Item 9 is a continued Public Hearing from
August 23rd on AZ 05-032. 1 will open this Public Hearing -- this continued Public
Hearing with staff comments.
Canning: Yes, Madam Mayor, it is a continued Public Hearing. The site didn't get the
posting done in time and that was the reason it was continued, so you have not had any
introduction to this project, which I will do now. Madam Mayor, Members of the Council,
this is West Carol Street Professional Center. It's located at 1560 Carol Street and it's
on the corner of Locust Grove and Carol Street. The application is simply one of
annexation and zoning. There is no accompanying project for this one. It's -- the
annexation area is .56 acres and they are requesting to go from R-6 zoning in the
county, which is a residential zoning, to L -O in the City of Meridian. The applicant
intends to remodel the existing home into an office and use the shop and storage for
uses related to the office. And you can see here the existing home and they do plan on
remodeling and expanding the structure. This is Locust Grove. This is Carol Street.
Meridian City Council
September 13, 2005
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This is the existing shop. And, then, parking would come in by the existing shop and,
then, to the -- on the east -- west side of the office building here. They have taken many
of the existing trees and relocated them to the north property line. It is a heavily
vegetated site as proposed. This property is designated for low density residential on
the Comprehensive Plan, but it does meet the merit for asking for an office use. It does
have frontage on the arterial street. Even though it's not taking access from that
frontage, it does have frontage on Locust Grove and the Comprehensive Plan
amendment states that at the discretion of City Council, areas with a residential
Comprehensive Plan designation may request office uses if the property has frontage
on an arterial or a section line road and is three acres in size or less. And so that does
apply in this instance. We also have some elevations. This would be from West Carol
Street and, then, from -- it says Linder. That should be Locust Grove. The Planning
and Zoning Commission did recommend approval at their July 21st hearing. There
were several neighbors, to be specific, that testified in opposition to the proposal.
Those included Keith McRoberts, Charles Stewart, Gilbert Tooning, Lynn Tooning,
Jennifer McRoberts, Debbie Woodall, Dan Woodall and Jay Jones. The key issues of
discussion were whether or not it was an appropriate land use for the area and the
traffic. The Commission did make two changes to the staff's initial recommendation.
The first change requires the applicant to provide a vehicle cross -access to the property
to the north, so they would extend this drive aisle and have the opportunity to have
cross -access to this parcel. And I could show you why that becomes important, as you
see their only access is on Locust Grove. So, we would have some -- if this were to go
office, we would have some opportunity to pull that traffic off of the arterial road and
bring it in on a side street. They also made one additional change and that was there
was a request for alternative compliance on the west boundary, as well as the north
boundary, did not have a 20 -foot land use buffer between the residential and the office
use. Instead, they have provided alternative compliance through heavier vegetation.
The question came up about the existing shop. If that shop is removed, then, the
Commission wanted to keep the 20 -foot wide buffer along the west property line. Right
there. Okay. The outstanding issues before Council -- there is one from the applicant
and that's regarding this northern property line. As I mentioned before, they have plans
to expand the building up to ten feet, but a 20 -foot landscape buffer is required.
However, we received a notarized letter from this property owner stating that they intend
to develop the property as commercial at some point in the future and that they would
not object to a reduced buffer being on this northern property line. Given that, the staff
would feel that that additional ten feet is there -- the proposed ten feet is sufficient that
there is enough room for all the additional trees that they are relocating from other areas
of the site. And with that I will end staffs presentation.
De Weerd: Council, any questions for staff?
Bird: I have none.
De Weerd: Okay. Would the applicant like to come forward? If you will, please, state
your name and address for the record.
Meridian City Council �.
September 13, 2005
Page 16 of 51
Jewett: Jim Jewett. 516 South Capitol, Boise, Idaho.
De Weerd: Thank you.
Jewett: With staffs additional comments regarding the -- the non -objection to the
alternative compliance, I guess I'm in total agreement to the staff report, then, if that
would be an added change. So, I'll really just speak briefly -- because I know the
neighbors would like to speak -- on why I'm doing this. You know, we -- I live in
Meridian and we do -- a lot of our business is between Eagle and Kuna and generally in
this middle part of the county. Right now our office is in downtown Boise and we find
ourselves fighting the traffic going that way and fighting traffic coming back home every
night and we desire to have an office close to where we live. It's for our own office. It's
-- we sell real estate and we develop real estate. Currently have an internal staff of five
and an external staff of five. And it's our desire to be somewhere -- like in downtown
Boise we -- our office is close to restaurants and some shopping, so we walk to our
lunch and this would give us the same ability here with the shopping that's around there
and the restaurants that are around there and even the downtown not being that far
away. So, that's why. We looked and we looked and it was hard that -- and we want
ownership, we don't want to rent, we want to own our building. And we don't need a
large building. But the shop was appealing to us, because we store signs -- we don't
want to store them outside on the -- along side of a building, we'd like to store our real
estate signs and our marketing signs and our subdivision signs away when we don't use
them. So, the shop provides a nice utility use for that. And, of course, the location for
us was good. So, that's our desire of why we want to convert just to an office for
ourselves. Some of the issues you will hear tonight, which we talked about at P&Z from
the neighbors was traffic. But it's traffic that was generated along Locust Grove, not
traffic I'm going to be generating. Our traffic will be coming in the morning, not leaving
in the morning like a normal homeowner would leave in the morning. So, our additional
use I don't think will impact that traffic at all. We will be going the opposite way. The
fact of the matter is that me and my wife and some of the other employees don't have to
get on Eagle Road and try to get on the freeway every morning. It will actually help
some traffic somewhere else, although very minutely. But getting off Eagle Road in the
evening sometimes I have to get off Eagle Road and try to get over and turn at Chevron
and that's sometimes very difficult. So, I think we will be a good neighbor to the
neighborhood. I know the issue is this is the only entrance for the neighbors -- Anna,
could you go to the vicinity map. It is the only entrance to these neighbors and I
understand that and we don't want to be a negative neighbor. The one neighbor here
asked if we'possibly could put a different style of fence along that boundary, maybe a
split base of concrete or block wall, instead of a vinyl fence, and I believe staff indicated
that would still be within their fence ordinance. I would be agreeable to make that
change to help out the neighbors, but I don't think our use is going to be very intrusive
on the neighbors. I realize the neighbors have had some issues with the Fred Meyer
parking lot and the Walgreens' lights and as I indicated in the P&Z, it's hard for me to
deal with issues I wasn't involved with and I didn't know it was an issue regarding when
they chip seal Locust Grove that some of the striping on Locust Grove to keep that
intersection open was un -visible, but as I drove by recently, it is visible. I don't know if
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September 13, 2005
Page 17 of 51
it's been repainted on or if it's just showing back through, hopefully, to keep that
intersection clear, so the owners can get -- the owners of these homes can get in and
out. The other issue was there is a sight visibility issue right here, but -- and, Anna, if
you can go to the aerial, it's already -- but ACHD come back in from a previous owner,
so I bought it. We will be removing that immediately, so that this -- trying to make a left
or right-hand turn, you don't have this hedge row basically blocking your view. So, with
that I would stand for any questions.
De Weerd: Council, any questions?
Bird: Jim -- Madam Mayor?
De Weerd: Uh-huh.
Bird: Mr. Jewett, would you restate on what the fence there on the west boundary you -
- you would be willing to go block?
Jewett: I would be willing to go split face block --
Bird: At what height?
Jewett: Well, he'd like it to be six foot all the way to the sidewalk. I'll go whatever I'm
allowed to go. I don't know if I'm allowed to go six foot all the way to the sidewalk, so --
but I would be willing to go as far as I'm allowed. We did try to provide some extra
landscaping to buffer him from these headlights. He's concerned about turning in and
out and I understand his point and if we can landscape this up to try to protect his -- his
bedroom is right in this area. I believe it faces this direction.
Bird: Follow up?
De Weerd: Uh-huh.
Bird: Well, I take it if it's going to be an office you're probably only talking 7:00 to 6:00 of
being open. I realize in the wintertime headlights will be coming in, but most of the time
he's --
Jewett: Our general hours are 7:00 to 6:00.
Bird: And you don't have people going in and out of there at night.
Jewett: No. I think the conditions of approval were 7:00 to 10:00, were my limitations.
We would have a cleaning crew come in in the evening.
De Weerd: Okay. Any further questions, Mr. Bird? Any from Council?
Rountree: I don't have any right now.
Meridian City Council
September 13, 2005
Page 18 of 51
De Weerd: Thank you.
Jewett: Thank you.
De Weerd: We do have a number of people signed up and when I read your name and
if you'd like to provide testimony, we would invite you to come up at that time. Charles
Stewart. And there is no indication for, against, or neutral.
Stewart: Madam Mayor, City Council, Charles R. Stewart, 1870 West Pine.
De Weerd: Thank you.
Stewart: I will be speaking for my wife and I -- lifetime residents of Meridian and we are
opposed to the rezoning and annexation of this property. I have one question -- well, I
guess maybe it doesn't pertain. Okay. One concern is our property values -- this
business will not increase my property values and it may hurt it. We feel that it isn't
going to help the value of the property for the first thing you see when you pull in our
subdivision is the business that takes access off from our residential street. The
ordinance that made this type of annexation legal, I assume, possibly, at the time was
not thought of as an arterial -- not having the access off the arterial. I mean -- excuse
me. One of our main concerns is the traffic and in the mornings and in the afternoon,
for about 30 minutes in the morning is -- stacking occurs on Locust Grove for the light
on Fairview. It comes back past the entrance to our subdivision and not only the left
turn lane, but also the straight -ahead traffic at times. The lanes out there, even if you
could see them, it wouldn't make a difference to these people, because they need to get
over in line, they feel, to make their left-hand turn, they don't think -- if they sit over in
the -- in this area like they are supposed to and, then, slide in, somebody will pass them
on the left. I have some pictures there that I took this morning. It's approximately 7:45
and it shows this. If you come -- if you're making a left turn from Locust Grove into
Carol Street when these people will be coming to work in the morning, it is just
absolutely impossible, because I sat there through three light changes this morning just
testing it and the line never emptied out during the time I'm sitting there to make -- for
me to make my left turn there and they would not leave me an opening to pull through, if
-- even if they did, there is the straight through traffic coming by on the far side that you
just can't hardly take a chance on pulling through the opening. So, I finally got through
after three light changes. The protected area that we normally pull into to make our left
turns, these cars that are closest to us, the one -- the top right picture, that was back --
the straight ahead line was backed up clear to that point.
De Weerd: Mr. Stewart?
Stewart: Yes.
De Weerd: If you would summarize your remarks. Thank you.
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September 13, 2005
Page 19 of 51
Stewart: One other problem is there will be trash and recycle trucks coming in our
subdivision for that one home, one business, they will have to come in our subdivision
and go clear around the circle to leave or make a back around turn at the first
intersection, which is very dangerous with a truck. One other thing is the lot size, it's
described as .56 acres. I realize that for annexation purposes, it has to go from center
line to center line, where, actually, the lot is 67 by 183, which will lose five feet off of the
Carol Street side, making 62 by 183, which is .26 acres. And for a 4,000 square foot
building and ten parking spaces, which two of these are proposed to be within the shop
to make it legal, it shows why alternative compliance is necessary. The Ada County
Highway District said there will be no parking on Carol Street, it will all have to be on
site. So, thank's very much.
De Weerd: Thank you. Any questions?
Bird: I got a question.
De Weerd: Mr. Stewart.
Bird: Madam Mayor? Mr. Stewart, would you like to give your address again for the
record. I think you give the wrong one.
Stewart: I'm still down -- 34 years in the wrong place. 1870 West Carol.
De Weerd: Thank you. Thank you, Mr. Bird. He knows where you live. That's really
frightening.
Bird: Been neighbors for 38 years.
Rountree: It works both ways.
De Weerd: Del Ray. Okay. Are you signed up against, for the record? Okay. Thank
you. Jennifer McRoberts. If you will, please, state your name and correct address for
the record.
McRoberts: Jennifer McRoberts. 1490 East Carol.
De Weerd: Thank you.
McRoberts: I have two statements. One from a neighbor who could not attend the
meeting and I'll read hers first. And she is Wanda Watson at 1432 South Carol. To
Whom It May Concern: In addition to my objection letter dated June 2nd, 2005, 1 would
like to add the following comment: In the recent meeting regarding the property listed
above at 1560 Carol, there were many residents of the Doris Subdivision, in attendance
for the purpose of objecting to the application made by Jim and Carrie Jewett. Each
resident took time from their schedule only to have the developer at the hearing motion
for the hearing to be postponed due to improper notice of the meeting. I am sure that
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l
September 13, 2005
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as a developer he must have known what the requirements for notice were. Was this
some kind of ploy to waylay those residents who actually live in this subdivision and
strongly object to this? I have a feeling this is the case. I am unable to attend the next
meeting scheduled on this subject due previous out-of-town commitments, but certainly
want my objection heard. Please alert all board members that in addition to any
neighbors who may object in person at your meeting, I have also sent this objection to
be read. Wanda Watson.
De Weerd: Thank you.
McRoberts: We as neighbors in the Doris Subdivision find it increasingly difficult to
address Meridian City meetings. We have submitted a petition representing the
majority of residential neighbors most adversely affected by the proposed annexation
and zoning change to a business at 1560 South Carol. We have also submitted letters
with valid concerns outlined about why the change would negatively impact us. We
know you can't control the additional traffic problems this would create, but you can
consider the impact. We know you can't control the negative impact on property values,
but you can consider how it will impact us. We know that you know this is a residential
area and the homes were purchased as residences. This requested change only
benefits two people, the buyer and the seller. It was very condescending at the
Planning and Zoning Meeting for one member to state he wouldn't want to buy the
home as a residence because of its location. There are many homes that are not in
ideal locations and zoning regulations are not changed to accommodate the sale of
these homes at a business rate. At the Planning and Zoning Meeting we heard that
there is an approximate 40 percent vacancy rate in business locations in Meridian. This
shows an attitude if we build it they will come. This translates into quantity over quality
and now we have a business owner who wants to change the residential area, instead
of going into one of these vacant business locations, some of which do have storage
areas as the shop on this property. The proposed building of 4,000 square feet is two
and a half times the size of the existing building and it looks like a prison barracks or a
Quonset hut. It's a very unattractive building. The developer will be storing barricades
in the existing shop, in addition to signs, and normally these are not transported by
passenger vehicles. This does not indicate light office usage. So, despite all we have
presented, staff comes up with approval, Planning and Zoning and here, even allowing
deviations from code concerning setbacks. All these facts would lead us as residents to
believe that if the title developer issues at a city meeting, then, acceptance is
guaranteed. I hope this isn't the case. But if it is, we would like this body to consider
our request. We would like a smaller and more esthetically pleasing building or just
remodel the interior as some residents were led to believe when questioned about
changing the CC&Rs by the buyer. The existing shop is less than five feet from our
property line. We would like the stone wall, consistent with the wall put up by
Walgreens on the property line and we would like it at least seven feet tall. Not only for
esthetics, but for our privacy. Lighting and signing should be minimal and unobtrusive --
and I'm closing. Barricades cannot be stored in the shop and no equipment or vehicles
larger than a pickup to access the property, because barricades are not hauled away by
pickups. We would hope that the 25 residents residing in Doris Subdivision and like
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September 13, 2005
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living there, would not be casually dismissed by this body. This developer has other
options. Thank you.
De Weerd: Ma'am, I'm sorry, I do have a question. And I don't ask this to be
condescending, okay?
McRoberts: Okay.
De Weerd: Is you have requested that a vehicle no larger than a pickup enter onto this
property. Do you have those restrictions in your CC&Rs for the residential properties in
the subdivision as well?
McRoberts: We have restrictions about businesses in there. No, we don't have vehicle
size in there, but if this is going to be okayed as a business and he's going to be storing
barricades in there, then, I don't want huge trucks hauling barricades in and out.
De Weerd: Okay. We will try and get clarification on what will be transporting those as
well.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Mrs. McRoberts --
De Weerd: I'm sorry. Mrs. Roberts.
Bird: I got a question for you, too. What do you consider barricades?
McRoberts: What I consider barricades are what they put up to block when they are
building on roads, that type of thing. The cement barricades. That's my vision of
barricades.
Bird: The cement ones. That's what I thought. Okay. Thank you.
De Weerd: Okay. Thank you. Keith McRoberts.
K.McRoberts: My name is Keith McRoberts. 1492 South Carol. Hopefully, that's the
same place my wife lives.
De Weerd: Thank you.
Rountree: That's a good thing.
K.McRoberts: At the Planning and Zoning meeting one of the members mentioned that
he wouldn't want to live in that house, so it may as well go commercial. Well, he can
Meridian City Council \.
September 13, 2005
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say that about our place now, because it would depreciate the value of our place and
who would want to buy it. It would be harder for us to find, when we sell, somebody to
buy our place as a residence with commercial now almost surrounding it. One of the
Council -- not council members, but Planning and Zoning members also said that he
didn't believe that it wouldn't hurt that much in property values. Well, when we was
looking for a place we didn't -- we weren't looking for a place to where we had a front
view of the back of a drugstore or an office building on the side of us or a Jackson's
station, whatever comes next behind us. That isn't what our preference was for a house
when we were looking for a house. It would be hard pressed to find somebody to buy a
house with that surrounding them. I know he mentioned that he had no control over
what problems we had with lighting from other businesses or around, but we were told
that the lighting -- when we were complaining about the lighting situation going on
through the drugstore, we was told that light shades could be put on and wouldn't cause
any problems that suited everybody, but when your house is almost underneath the
light, those shades aren't worth anything. They don't do any good for us, unless the
shades were almost to the ground, because in our bedroom we don't need a light unless
we are reading. Another point I would -- on the -- also we do approve a lot more of it
with the taller fence, with the block fence, seven foot tall, as far out as we can get. I
know that you can't go possibly all the way to the sidewalk with that height, but he was
talking about only certainly hours, but without a gate there, cars coming in there 24-7,
they don't care about hours of an office. You have a lot of traffic come in that doesn't
realize that there is no exit, other than the one that they just came in on, so they just
turn around. They gives them a place to turn around and we get the headlights right in
our bedroom window. Thanks.
De Weerd: Thank you. And Dan Woodall signed up against.
Woodall: I'm Dan Woodall, 1950 West Carol. I agree with my -- with the people that
spoke previously. The traffic on Locust Grove is very very bad in the morning. Cars
coming in are as much a problem as cars going out. I know you don't control that, but,
please, consider it. The McRoberts bought a beautiful house and they made it more
beautiful. It has a wrought iron fence. Welded. They have gone to incredible expense
to make a wonderful house there. If we could put up the picture of what he wants to put
next door. That's a tin roof. It doesn't fit in our neighborhood. It's going to look like
some kind of McDonald's. I really don't want to turn into my neighborhood and see that
every day. It is inappropriate. I assume that when you made the ruling that you could
put offices in residentials on the section line roads, that you were assuming that it would
be an office that was just a remodeled house and that it would look like a house. That
wouldn't be so bad. This is atrocious. This -- this is not right. That lot needs to stay
residential. This does not need to go commercial. This is not an appropriate use. And
that's really all I have. Thank you.
De Weerd: Thank you, Mr. Woodall. Is there anyone else who like to provide testimony
on this application? Okay. Would the applicant like to respond?
Jewett: For the record, Jim Jewett again.
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September 13, 2005
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De Weerd: Thank you.
Jewett: Property value and the ability to sell one's home that would be next to -- again,
markets change from time to time and right now on our real estate market I guess you --
the property values in this price range are just escalating very quickly. Very alarming
sometimes. So, I really -- it's hard for me to say that there is going to be a loss of value
or even the value won't just continue to rise, because that's just the market in Meridian
right now. Markets do ebb and flow. I can't forecast the future. I just don't believe that
our use of what we want to build would adversely affect -- you know, a lot of people look
at L -O as a good neighbor, because they are not there at night. They are not there on
weekends, so you don't have that additional issue of evenings and weekends.
Comments about the style. You know, we have talked to that neighbor the couple times
he's asked us and we have, we have looked, and we just can't -- I and my architect
couldn't come up with a scheme for remodeling the facade without just really changing a
lot more and I will just go through what we are doing on this design. Basically, the way
the house is now, it's got a straight gable roof that runs across this length of the house
and, then, there is a gable like this off the front of the house. So, what we are doing is
leaving the roof in place, taking out the existing roofing and putting a metal -- patina
green metal roofing. It's a very nice looking roof. It's very commercialized, yes, but it's
used a lot. And, then, we are taking some vertical walls, parapet style, along the ends
to cover up the existing gables. There is a gable right here now that faces Locust
Grove. We are just vertically going up the wall and stuccoing those, basically, instead
of your typical office where you see it's all hip and this gives it a little bit different
character. And, then, we put in the styled down shading that are more urban style, they
don't shine away, they are very low intensity and away from the building. It's just really
to light the building and the walkways. And, then, creates a little metal sun shades for
the windows to get a little bit more detail. So, it's really some -- some very minor subtle
changes that really does change the look of the building, but we felt that it changed it in
a positive way and with the landscaping that's proposed, you know, we feel like it would
be positive for both the neighbors and the surrounding commercial buildings as well. I'd
like to talk a little bit about some of the P&Z comments, because there was some
quotes here -- I think the question that I posed is, obviously, the people who owned the
property didn't want to stay there anymore, they wanted to move into a subdivision
where they could get away from Locust Grove. And I guess the question was who --
you know, what, would be the use? Would it turn into a rental where you just had
renters in there or would it potentially be requested to go some other -- maybe a higher
density residential. And I believe the P&Z comments was that they felt that this type of
use would have been the least intrusive that could have come forward, that in times
forward somebody could come through with an even higher commercial intensive use
versus the L -O, which would have more of a 24-7 operation. I think the word Wendy's
was even used as an example of something that could be there in the future. Not today,
but in the future. So, I guess the question that was posed there was is the highest and
best use residential? And I think the answer was no.
De Weerd: A Wendy's couldn't be there.
Meridian City Council
September 13, 2005
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Jewett: Not today.
De Weerd: No. Even with a step up you couldn't get a Wendy's there
Bird: Not with your current Comp Plan.
De Weerd: I'm sorry. It just bothered me.
Jewett: Okay. Then there was also comments about access onto an arterial. Anna, if
you could go to the -- yeah. Thank you. Either one of those will work. I guess -- and I
hope maybe ACHD can comment on this, but I guess the acknowledgement of P&Z
from most of the neighbors was they acknowledge that these properties here they
acknowledge were going to be -- eventually go commercial, but just not this one, which I
don't quite understand if these go commercial, why not that one. But if these go
commercial there is an access point right here that goes on that road that goes around
Fred Meyer. The idea would be that you would line up your access road. There is also
an access point right here into the Fred Meyer parking lot. So, you want to line up your
accesses on Locust Grove to not take -- everybody take access off of Locust Grove.
So, in this particular case not taking direct access off on Locust Grove is a plus, not a
minus. There was talk about traffic and I don't know what my options are as an L -O, but
we would certainly be willing to stay with the wheeled cart and wheel it out like the
homeowners do. I don't think we would generate that much traffic. We would need
dumpsters, but I don't know what our requirements are as a conversion to L -O.
De Weerd: If you could, please, summarize.
Jewett: I don't have any stone barricades. I have some of those little ones you see with
the little stripes on it when we extend roads through a subdivision and it was -- we take
them down occasionally. Most of the time they never come to our shop, but they may
for a week or two, but that's the only barricade that we have. I don't own any of the big
stone ones, so --
De Weerd: What kind of vehicle do you transport them in?
Jewett: We have a pickup truck with a dump bed on it. It's a Ford F450 pickup. That's
the biggest pickup we own. I guess I just -- again, I stated earlier I agree with the block
wall, if that would be what they wanted. And with that I would stand for any questions.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Jim, did you have any neighborhood meetings before you brought this application
forward?
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September 13, 2005
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Jewett: I guess we attempted to, but I guess we were told that nobody wanted to come.
Bird: Okay. And, then, on the roof, I don't know what the CC&Rs in the existing
subdivision go, but I'm sure it's not metal roofs. I'm sure they are not allowed to have
metal roofs. I would -- would be willing to look into putting another type of roof on there
that is in -- that conforms to their CC&Rs.
Jewett: Yes.
Bird: Okay.
De Weerd: Any other questions? Jim, I guess I do. They had mentioned the square
footage and I believe that was in Anna's opening remarks, but can you tell me what the
current square footage is and if you are altering it, what the proposed square footage
would be?
Jewett: Of the building or the lot?
De Weerd: Of the building.
Jewett: The current square footage of the building is about 2000 square foot right here.
We wanted to propose to go up to between 36 and 4,000 square feet.
De Weerd: And how would you be doing that? I mean are you, then, extending to the
north or are you going an additional story?
Jewett: No. It would be just an extension. This outline here would be the future
expansion. The existing building is right here. This would be the future expansion right
here.
De Weerd: Okay. And you did cover the trash collection. I guess I can understand
what the citizens and the neighbors are saying. My daughter has a friend that lives in
that subdivision and trying to get into that subdivision is -- you take your life into your
hands. It's a nightmare, ACHD. And I don't know what the solution is, but this is
certainly -- if those lots along Locust Grove provide an opportunity to divert some of that
traffic out of that road, that certainly would be seen as something that would be better
than it is. But it is very difficult and you mentioned you don't want to be driving on Eagle
anymore. I think turning into that subdivision can be just as scary.
Jewett: I'd like to hear what ACHD has to say about that one.
De Weerd: I don't know if he has turned into that subdivision and I'm assuming you
have.
Jewett: I have. Yes.
Meridian City Council
September 13, 2005
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De Weerd: And with the -- this being a county sub, currently BFI picks up their traffic --
or their trash. Our provider, SSC, would pick up yours. And so, you know, they would
have to go into the subdivision and turn around. There is no other way to do it. They
couldn't collect it off of Locust Grove.
Jewett: No. I don't believe they could do that.
De Weerd: So -- but that would be a concern. I don't have any other questions. And,
Council, no further questions? Thank you.
Jewett: Thank you.
De Weerd: Staff, was there anything further --
Canning: No, ma'am.
De Weerd: Okay. Council?
Bird: I have none.
De Weerd: Okay. I would entertain a motion.
Canning: Madam Mayor, I'm sorry, there is one thing. You do need new findings to
reflect whatever other changes you made here, but also to acknowledge the ten -foot
buffer on the north, if that's the way you're inclined to go.
Bird: Madam Mayor, I do have a question on that. On that first for Lieutenant Stowe
there. That seven -foot tall block wall, any problems that you see?
De Weerd: The height would.
Bird: The height was seven foot.
De Weerd: Yeah.
Bird: And it's a block and that's what they have requested in that one. I think he
agreed.
De Weerd: I think our ordinance is succinct.
Stowe: Mr. Bird, Madam Mayor, Councilmembers, the seven foot wall coming out to the
sidewalk would definitely create a site problem and we would at least require that it be
set back -- I think it's 20 feet. Yeah. And as far as the block wall goes, that make up of
the wall wouldn't matter to us. The extra foot in height really doesn't have effect on us,
it's just that sight when we come in and being able to see and also the sight for any kind
of drivers coming in and out of that area will need that setback.
Meridian City Council
September 13, 2005
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Bird: Okay. Thank you very much.
De Weerd: Anna, with a step down in the height, how far can that, per our ordinance,
be from the sidewalk?
Canning: Madam Mayor, Members of the Council, the new ordinance establishes the
full height for the wall could occur at the setback. I believe the L -O setback is 20 feet
under the new ordinance. I'm pretty sure it is. But I don't have it memorized right now.
But I'm 90 percent sure it would be 20 feet. The commercial zones, which L -O is a
commercial district, do allow for an eight -foot height. So, the seven -foot would be okay.
If it were on the other property line it could only be six feet. But the commercial districts
do allow for a taller fence.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Anna, could that -- in the 20 foot setback, could you drop it -- and this is for the
Lieutenant, too. Could you drop it down to three or four feet, give it a little bit of a --
Canning: You're saying drop it to three feet? It's four foot open or three foot solid and,
then, at the setback line can you go to --
Bird: And that would be sufficient for the police department, too? Thank you.
De Weerd: Okay. Any further questions from Council for staff? Okay. Okay. Do I
have a motion to close?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we close the Public Hearing on Item No. 9.
Bird: Second.
De Weerd: Okay. Motion to close the Public Hearing on Item 9. All those in favor say
aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Discussion?
Rountree: Madam Mayor, I --
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September 13, 2005
Page 28 of 51
De Weerd: Mr. Rountree.
Rountree: -- heard a lot of things that we hear all too frequently in issues that, typically,
at least most of them get worked out when you have a developer and an adjacent
residential area sit down and work through their issues. I have heard some give on the
part of the developer tonight and we have heard some give on the part of the residents
in terms of what they would be willing to accept. My preference would be to -- if we had
to reopen the hearing and direct the developer and the residents to sit down and see if
they could come to some general agreement. Not necessarily compromise or not
necessarily consensus, but at least they had an opportunity to work through their issues
with one another. And, then, bring whatever resolve back to the city. Without that, I
guess this is an annexation request, the area is actually not part of the City of Meridian.
My crystal ball says to me that probably this whole area at some point in time will be
commercial. At least along Locust Grove. But I'll make the statement I make a lot of
times about annexation. I'm not in any hurry. So, if this isn't annexed right now, I'm
okay with that.
De Weerd: Okay. Any further comment?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: To go along with Charlie, I'm not in any hurry to run out and annex either, but also
I have no problem if somebody requests it. But I also like the idea of opening up the
Public Hearing -- and this isnot -- you know, no guarantee that it's going to pass or fail,
but I believe that the applicant should try to sit down with the neighbors at a meeting
and talk it out. We -- the successful ones that have come through us has always been
able to do and I'm sure there is things that can be worked out. I don't think the
neighbors are a hundred percent against the project and I don't think the applicant is
wanting to be hardheaded about meeting with them and working out some kind of
compromise. So, I would -- if Mr. Rountree and Mr. Wardle both agree, I would move
that we would reopen that and continue it, with that specification of the applicant and
getting a meeting with the neighbors within two weeks.
De Weerd: That was a motion?
Bird: Well, no, I'm -- if these -- if the other gentlemen are -- I could go either way.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I would agree. The things that I heard specifically were building style, roofing
type, architectural complementation to the adjacent properties, in addition to the fencing
Meridian City Council
September 13, 2005
Page 29 of 51
l
issue, were the two major ones that I had heard -- would agree to open -- reopen the
Public Hearing and direct those specific things to be addressed.
Rountree: Second his motion.
Wardle: Second.
De Weerd: It was a motion.
Bird: Okay.
Rountree: Second.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle, thank you. Mr. Rountree. Okay. Any further discussion on the
motion to open the Public Hearing and ask that the applicant meet with the neighbors to
have discussions on some of their concerns and come back to Council in two weeks; is
that what your motion was?
Bird: Uh-huh. Continue the Public Hearing to September 27th, 2000.
De Weerd: Okay. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: This item is, again, open for Public Hearing. It has been continued to
September 27th?
Bird: Madam Mayor?
De Weerd: Yes.
Bird: I believe I'd also offer up, if they don't have a location, I'm sure you can find -- you
can get ahold if Will or -- and this room would be available some evening for Jim if he
could do it.
Item 10: Public Hearing: MI 05-009 Request for Miscellaneous application for
approval to remove the Preliminary Plat, Final Plat and Development
Agreement requirement for a 20 foot landscape buffer on the southern
boundary of the property for Olsen Bush Subdivision No. 2 by R2
Development, Inc. — west end of East Lanark Street:
De Weerd: Okay. Thank you all for joining us tonight. Okay. Item 10 is a Public
Hearing on MI 05-009. 1 will open this Public Hearing with staff comments.
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September 13, 2005
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Canning: Madam Mayor, Members of the Council, this is a request for a modification to
Olsen -Bush Subdivision Number Two. It's the west end of East Lanark Street. This is a
miscellaneous application and they would like to remove a condition of approval from
the preliminary plat, the final plat, and the development agreement. And that condition
is with regard to the 20 -foot landscape buffer you see on the south boundary of the
subdivision. You can see that area there. There was a requirement for a 20 -foot heavy
vegetated landscaping and at the time of the subdivision approval there was quite a bit
of concern by the property owners up on Franklin that look down into the property
regarding the vegetation -- or regarding the proposed subdivision and as part of that
subdivision you did approve it, but had the 20 -foot landscape buffer -- it's, actually,
specific, says a landscape setback area along all the property's southern border with
tree plantings that will grow to a height in excess of 20 feet and not more than 40 feet,
and which shall not be more 25 feet apart at the time of planting, shall be six feet in
height when planted. So, it was a very specific provision at the time. But since then R-
2 development, which was either the applicant Olsen -Bush or is another LLC of Mr. Van
Auker, but they have purchased this property, the seven acres directly south of the
development and also since that time the Comprehensive Plan has designated this
whole area as commercial and we have seen a number of these small houses starting
to convert toward little office remodels in that area. So, there has been quite a bit of
change in the surrounding property since the time the original subdivision was
approved. So, given all those things, staff agrees with the applicant that the 20 foot
wide landscape buffer is probably not necessary at this time and is recommending
approval.
The only outstanding issue that's before Council -- I forgot to ask Mr. Baird about this
beforehand -- is we are not quite sure what's next. There is no required Findings, so
you don't have any before you, so it would be a decision and order and, then, I don't
know if you just direct staff to do the development agreement amendment. Okay. And
with that I'll end staff's presentation.
De Weerd: Was that a question for Ted?
Baird: Madam Mayor?
De Weerd: Mr. Ted.
Baird: With regard to the development agreement, all that we would need is your
direction to process the amendment and with regard to the preliminary plat and the
development -- or, I'm sorry, on the final plat, I haven't thought that all the way through.
Usually, it's the planning department that does that.
De Weerd: I don't know. I think if they were conditions at the time, they should continue
to be.
Baird: Well, I tell you what. If the City Council does decide to grant this request, we
would just request that you direct us to bring back all proper papers to effect whatever
direction you make.
Meridian City Council
September 13, 2005
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De Weerd: Nice save. Would the applicant like to provide testimony? Yeah. We want
to know why you keep changing things. If you will state your name and address for the
record.
Miller: My name is Brad Miller, 3084 East Lanark in Meridian. I'd just like to state that
I'm glad the Mayor does not vote on these issues. As Anna said, we -- originally when
we came through for this subdivision -- this is 14 acres right here. We did not own this
property and there were -- all of these, I believe, were inhabited by the owner -occupants
and Mr. Barham owned this seven acres right here it was he and Mr. Ballentine in this
home who were -- really wanted to see that landscape buffer there. We have since
acquired Mr. Barham's property and Mr. Ballentine's property has been converted.
That's the brick front house that's been converted into an office use. So, we anticipate
that at some point in the future the best use for this land would be to combine it with this
subdivision. We are not sure we are going to do that or not, extend those lots or not,
but we would like to -- right now we have bonded for that -- we built the one John Deere
building here and we bonded for the landscape buffer, but we'd like to see that condition
be removed, since it doesn't seem to serve any purpose right now.
De Weerd: But that is prime wine country.
Miller: It is?
De Weerd: The grapes there are abundant.
Miller: Mr. Barham's grapes?
De Weerd: Uh-huh.
Miller: Yeah. We rent that house out.
De Weerd: That was going to be our vineyard in Meridian.
Miller: Really? I think that's all I have to say, unless there is questions.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Does that same stipulation or agreement condition extend to the east?
Miller: No, it doesn't.
Rountree: So, there at the stub street?
Meridian City council
September 13, 2005
Page 32 of 51
Miller: Correct. That was Olsen -Bush Subdivision Number Two. The other portion was
Subdivision Number One. R-2 development, which was Ron Van Auker or Ron Yonke,
it was the two of them, purchased that from Mr. Olsen and Mr. Bush and, then, did
number two. So, we were not responsible for its subdivision. Are you confused about
that?
Rountree: I'm just fishing here on the subdivision to the east. Do you have any
landscape requirements in that subdivision?
Miller: No. No. Our office, actually, is on --
Rountree: I know where your office is.
Miller: Yeah. Right there. We have got these two lots right here that we own and, no,
the only subdivision -- or the only landscape requirement that I know that we have,
Councilman Rountree, is just right along the front. We had the Evans Drain --
Rountree: On Eagle?
Miller: What's that?
Rountree: On Eagle Road?
Miller: No. On Lanark. We have the subdivision -- or we have the landscape across
the front. We have got the Evans Drain that goes along the back and there is
landscaping there on either side of the road.
Rountree: So, that was subdivided and platted before we had a landscape ordinance?
It's been there forever.
Miller: I think it was subdivided and platted before it was annexed, to the best of my
knowledge.
Bird: Yes.
Rountree: You're probably right.
Bird: That was a county sub originally.
Miller: I believe you're correct. But since we moved in this office we have acquired that,
subdivided that, we have acquired that, we have acquired that piece right there, and we
have acquired all of these, except ACHD owns that, so -- and these have since gone
commercial uses and this whole area here is in transition. I believe -- and I could be off
by one or two homes, but I think the only owner -occupant that lives there is Bill Curtis,
who lives right here.
Meridian City Council
September 13, 2005
Page 33 of 51
Bird: He's still in there.
Miller: Yeah. He lives there. I think all the rest are rental or office uses.
Rountree: I guess where I was headed is it sure would be nice if you'd do something on
Eagle Road, but I'm not going to condition my actions based on that.
Miller: Oh, with landscaping?
Rountree: Yeah.
Miller: Well, just as a little side note, I think we will at some point -- you notice what Ted
Sigmont has done with his building right here. He's got the Everton Mattress. He's put
a nice facelift on that. And I think Ron's thinking about doing an office building right
here. If we did do that, we have got a berm up there that's a little bit too high. I think we
are going to cut it down and we would landscape nicely along that frontage at such time
that we do develop that.
Rountree: Great. Thank you.
Miller: Thanks.
Canning: Madam Mayor?
De Weerd: That is an entry corridor.
Miller: Right.
Canning: Madam Mayor, Members of the Council, that does bring up the point on these
vacant properties, as they develop we do look to implement our landscaping standards.
So, if these lots came in, we would require them to plant -- if it's not already there, to put
the entryway corridor landscaping. And the new code also -- assuming this does go
industrial, the new code does still require a 20 -foot land use buffer between non-
industrial uses. So, there are still provisions in the ordinance to buffer non -industrial.
It's the way it's set up in the future is just industrial buffers, non -industrial, and, then,
commercial buffers residential. So, if those lots were extended or if something came in
on this property, there still would be a requirement for a landscape buffer to any non-
industrial use.
De Weerd: And I assume since Mr. Miller was on that committee, that he helped craft
that.
Canning: It was probably one of those days where we waited until he left the room and,
then, hastily made arrangements.
Rountree: Would they do that?
Meridian City Council
September 13, 2005
Page 34 of 51
De Weerd: He could get out of that landscape buffer requirement if the adjoining
properties are to change use as well.
Canning: If they were to go industrial. Now, the likelihood on Franklin seems to be that
they will go commercial, so he would still have some landscape buffer requirements
between the commercial and the industrial use.
De Weerd: All right. Brad, I guess I do have one other question. And Charlie
mentioned this stub and maybe I wasn't paying attention, but do you anticipate bringing
that stub south to Franklin at some point?
Rountree: Gary just left.
Miller: Oh, Gary's gone. Madam Mayor, if you go over there right now you will see that
we scraped a road in there. Because getting out on Eagle Road is -- you take your life
in your hands.
De Weerd: That's public record.
Miller: That's okay. But if you notice, if you were to drive there, there is a house that
sits right here. If you go right on the side of their driveway you will see there is a road
that goes right down there, a dirt road. And so, yes, we would like to at some point
extend that, but if we were to extend it now right up here, it would cut into their
driveway. So, right now it just goes -- there is a curb cut there already, but it does go
down -- it's kind of nice.
De Weerd: That would be very important.
Bird: Come down there right on the west side of --
Miller: Yes. Exactly.
De Weerd: You know, I'm not the road district, but that would be very desirable.
Miller: Oh, absolutely. And when we -- the subdivision, that was a requirement. I think
it's called east -- or, no, it's called Olsen -- I think it's called Olsen. But it will extend up
at some point. I would imagine we will probably draw a line across here and this will be
commercial and this will be industrial, I would imagine. And there is really not a good
use for this, other than combining it with that.
De Weerd: Okay. Thank you.
Miller: Thank you.
Meridian City Council
September 13, 2005
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De Weerd: Okay. Council, if you have no further questions, I would entertain a motion
to close the Public Hearing.
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Do I have a motion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we direct staff to follow through with amendment to the
development agreement and such changes that are needed in the final plat to approve
the request to eliminate the 20 -foot landscape buffer on the southern edge of the
subdivision.
Bird: Second.
De Weerd: Okay. The motion is to approve the request and have the attorney draw up
the appropriate paperwork. If there is no further discussion, Mr. Berg.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Thank you for not calling this Porky Pig Two or Wrinkleneck or something
like that.
Bird: If you would have been on last week's, we would have got you out of here a half
hour earlier. Right, Shaun?
Item 11: Public Hearing: AZ 05-015 Request for an Annexation and Zoning of
59.30 acres from RUT to R-8 zone for Crossfield Subdivision by
Packard Estates Development, LLC — 955 West Ustick Road:
Item 12: Public Hearing: PP 05-017 Request for Preliminary Plat approval of 246
building (244 residential units, 1 daycare & 1 pool / locker facility /
restroom) lots and 26 other lots on 59.30 acres in a proposed R-8 zone for
Crossfield Subdivision by Packard Estates Development, LLC — 955
West Ustick Road:
Meridian City Council
September 13, 2005
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Item 13: Public Hearing: CUP 05-022 Request for a Conditional Use Permit for a
Planned Development for single-family residential units with a request to
allow for reduced setbacks, reduced lot size, reduced frontages, reduced
house sizes and block lengths in excess of 1,000 feet in a proposed R-8
zone for Crossfield Subdivision by Packard Estates Development, LLC
— 955 West Ustick:
De Weerd: Okay. Items 11, 12 and 13 have been requested to continue to October
4th. Is this because of improper posting or shall I open these and continue?
Berg: You need to open them, Mayor, and it was a request from the developer to
continue it to October 4th.
De Weerd: Okay. Well, then, I will go ahead and open Items 11, 12 and 13, public
hearings AZ 05-015, PP 05-017, and CUP 05-022.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move we continued public hearings 11, 12 and 13 to October 4th, 2005.
Rountree: Second.
De Weerd: Okay. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 14: Public Hearing: Proposed Planning Department Development
Application Review Fees:
De Weerd: Item 14 is Public Hearing on proposed planning department development
application review fees. I can see that these are heavily contested. Anna.
Canning: Madam Mayor, Members of the Council, I was going to dig out my previous
memo I gave to you. Given that there is no testimony -- or no public here, I know you
have had those items for several weeks. Would you like me to go over them? If so,
give me one more minute. If not, I'll move ever so more quickly.
De Weerd: Council, do you want a brief presentation or what is your desire?
Bird: Madam Mayor?
De Weerd: Mr. Bird, if you want to get out of here, you can answer.
Meridian City Council �.
September 13, 2005
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Bird: If everybody feels comfortable with the fee increases, I have no problem with the
fees, and as long as Anna's comfortable with it, I have no problem with it. I'm ready to
pass on it -- close the Public Hearing and pass on it.
Canning: I do need direction as to whether you want to include the overhead fees or
not.
Bird: Well, I think that's part of the fee, isn't it? Overhead is part of the cost of business.
De Weerd: That is the only piece of public information -- or public feedback that we
have received on these proposed fees; is that not correct?
Canning: Yes, ma'am.
De Weerd: Okay. Thank you. Mr. Wardle.
Wardle: Madam Mayor, I was just going to bring up the overhead addition to the fee
and we have not discussed -- we have discussed this in general and in the increase
fees planning department has added an additional overhead. I would like to hear, for
the record, the rationale behind an additional fee on top of a fee.
Canning: The overhead fee on top of a fee?
Wardle: We have fees and you're including in it -- or suggesting a potential additional
fee on top of the actual fee itself.
Canning: Madam Mayor, Members of the Council, perhaps that was never clear in the
discussion. I had based my fees on the time that we spent on the application and, then,
I used our base salary fee, not including overhead, and calculated fees. At the
suggestion of Mrs. -- of the finance director, I -- she wanted me to include the cost of
overhead in the multiplier, instead of just the base fee and that was something I had
mixed feelings on. One, yes, it does recover those costs, but, two, part of our client is
always not just the developer coming in, but what I think of as the Comprehensive Plan,
which represents the rest of the City of Meridian. And so I felt a little uncomfortable not
absorbing some of those overhead costs. So, I have provided you what the cost would
be with and without. It would not be an additional fee, it was just two ways of looking at
it and you could see what the difference in the result was with those. So, we would just
collect one fee. It just includes the labor rate that includes overhead. Does that make it
more clear, Mr. Wardle?
Wardle: Yes. It makes it somewhat clear. I think that -- the question before the Council
is which of these two fees -- or which of these are we going to implement?
Canning: Right. Which fee schedule would you prefer? And, then, I just broke out
what the overhead cost was, to make it easier to understand and compare.
Meridian City Council (�
September 13, 2005
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Wardle: Okay.
De Weerd: Any further questions? Okay. Mr. Rountree.
Rountree: No questions.
De Weerd: Okay. Do I have a motion to close?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we close the Public Hearing on Item 14.
Rountree: Second.
De Weerd: Okay. Motion to close the Public Hearing on Item 14. All those in favor say
aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Do I have a motion for action? Don't all jump at once. You're the ones that
Bird: We are letting Shaun do it.
Rountree: Shaun's got all the --
Bird: Shaun's got all the knowledge.
Wardle: Let's see if you like my suggestion. Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Might not all agree. I move that we direct planning staff to -- do I need this by
resolution or ordinance? I'm sorry.
Baird: Madam Mayor, Members of the Council, the agenda item that's before you now
is the Public Hearing. Depending on the outcome of your motion for the hearing, we will
move to Item No. 15, the specific resolution. So, the way this is, it's a two-step process.
Wardle: And just for clarification, there are -- as the motion is -- or as the resolution is
drafted, there are two fee schedules which we need to decide on now; correct? Okay.
So, my position would be to accept the proposed planning department development
application review fees without the additional overhead fee.
Meridian City Council \
September 13, 2005
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De Weerd: Okay. The motion is to approve the proposed planning department's
development application review fees without the inclusion of the overhead cost.
Bird: I'll second that for discussion.
De Weerd: Okay. Discussion.
Bird: Madam Mayor, if I could ask one question of my fellow Councilman here. Why do
you feel the taxpayers should pick up the overhead when the applicant don't have to on
these fees?
Wardle: I believe that was directed at me, so --
Bird: Yeah. You know, I just --
Rountree: I can't answer that. You better.
Wardle: I'm concerned with the rationale that we are making within the fee and I have
seen this in some other governmental departments which I deal with, where we add a
fee and, then, we add an addition to that fee something that becomes subjective in
certain administrations. And so my concern is not the fee schedule itself. My concern
is more the -- the proposed rationale for making this -- making this assumption and that
just for the record I -- the fee schedule I believe that we have will bring us in line with the
rest of the valley. So, I'm not necessarily in disagreement with the actual fees column.
Bird: Madam Mayor, can I --
De Weerd: Yes. Mr. Bird.
Bird: And I'm certainly not against either way, I just -- I know that in the private business
-- in your own private business that when you figure in the cost, you figure the overhead
cost. Here we do have the taxpayers, which -- Planning and Zoning, actually, is not a
tax -- it's not part of the General Fund. I realize that -- I think a lot of it -- and I agree
with you, Shaun, to the point that if we did these fee changes on a yearly basis, we
could probably feel more comfortable of adding in that. You know, I hope we can stay
pretty close to everybody, but we need to look at these on a yearly basis, so we are not
hitting them with such high percentages when we finally do, ten years later down the
road, look at it, you know. And that's on all our fees. So, I have no problem with what
your motion went this time, but I think we need to really -- I think the Mayor needs to
really sit down with the department heads and financial and see why -- you know, what
they feel as a complete deal, if we need to have the overhead figured in and I think we
do. But I would certainly -- I'm certainly not going to stop my vote affirmative on this.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Meridian City Council
September 13, 2005
Page 40 of 51
Rountree: I'll just weigh in. It seems to me odd to separate a fee and, then, an
overhead. To me it's fee. And I would hope in the future that any fee proposed would
reflect the cost to the city and that that cost be born by the applicant, not by the
taxpayers. So, as a way to move forward, I think we are okay and I think we are
probably close on some of this stuff, but I think in the future, as we look at fees, I don't
see fees as a revenue producer, but a cost that we charge in order to provide a service
and that, you know, that includes overhead and everything else. So, just as a way to
approach it in the future.
De Weerd: Council, I guess what I'm hearing is that you would like to see the overhead
folded into the fee calculation.
Bird: It should be a part of the fee.
De Weerd: Then why was it separated?
Canning: Well, Madam Mayor, I guess -- I'm sorry if I added confusion by adding this as
a separate column. It was just -- I was unclear on the city's philosophy, I suppose,
towards including overhead in a fee calculation. That was all. I never meant for it to be
considered as a separate fee. We are just going to have one fee schedule that will
have the total proposed fee. It was just a way to break it out for Council to more easily
understand and I, obviously, failed in my attempt to do that. I apologize.
De Weerd: So, you were just showing the formula as --
Canning: Yes. That was all it was intended to be was A, plus B, equals C, and I just
broke out B was all that I was doing there. So, I apologize for the confusion it seems to
have caused.
Baird: Madam Mayor?
De Weerd: Mr. Baird.
Baird: Madam Mayor, Members of the Council, the intent of the legal department, if the
direction is to include overhead, that we would provide you with a final version of the
ordinance that would merely contain, like Anna just said, one column of what you
decided the fee is. I think that part of the reason we did the spreadsheet this way was
to show the public how we arrived at a grand total, basically.
Bird: Yeah, but the only problem is just -- excuse me, Madam Mayor. We just made a
motion that that first column, without overhead, is going to be the fee, if we pass it.
De Weerd: Then don't pass it. That's your choice.
Meridian City Council (..
September 13, 2005
Page 41 of 51
Bird: This is -- there is going to be developers and stuff out there that are going to come
in and are seeing this and, oh, you know, if they pass it without overhead it says here
I'm going to pay 131. If they pass it with the overhead, I'm going to pay 163. Well, we
just made a motion that we are going to pass it without the overhead. Well, if we pass it
without the overhead it's 131. 1 agree with what you did, Anna, very much and I think
it's very nice to have it out there for the people, but we got to word it a little different.
You have got us confused. And that isn't hard to do at times, but --
Canning: And the only document that had it broken out that way was the newspaper
publication and if I were passing the buck, I'd say something about the attorneys at this
point, but I won't. Everything else that you have received and all the other public record
just has the one column, but you have two separate sheets for everything. So, there is
some difference in -- the stuff that I gave to the Process Improvement Group never had
just the overhead broken out, it always just had two separate fees schedules, basically.
But rather than publish two separate fee schedules, we went with the latter, which
seemed like a good decision at the time, but --
Bird: Now, the PIG group that you did, tell me -- explain to me again what you give
them? You give them one without overhead and one with overhead?
Canning: Right. Two completely different fee schedules.
Bird: Okay. Now what do they think -- what do they think -- this motion that we just did
would be?
Canning; Well, we are looking for Council to approve one or the other of the fee
schedules. And the motion that was made was to approve the first -- the fee schedule
without overhead, but you haven't voted yet, so --
De Weerd: Okay. Now, you have all of us confused. What is the recommendation
from your group? If you have shown them two separate documents, are they
supporting the fees without the overhead or the fees with the overhead?
Canning: I have never received complaints about either. Mr. Turnbull -- Mr. Turnbull
recommended approving it without overhead.
Bird: Well, yeah, I can believe -- I would -- if I was out there I'd be asking that, too.
De Weerd: But there was no comment from the rest of the committee in opposition?
Canning: No. And I have not received any notice from anyone else that they are
opposed to the fee schedule. The only bit of testimony I have received so far was from
Mr. Turnbull.
De Weerd: Okay. Is that -- has that provided clarity for you, Council?
Meridian City Council
September 13, 2005
Page 42 of 51
Bird: I'm very clear. But I'm clear with the motion.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I guess my question of staff now would be what is the true cost going to be for
us to administer the services? Is it the final number that currently says total proposed
fee with overhead?
Canning: Yes, sir, it is.
Wardle: So, that's what it's going to cost us to provide services?
Canning: Yes, sir.
Bird: Madam Mayor, before we go any further, let's go down to the comparison.
Canning: Comparisons with other cities?
Bird: Between us and Boise. Go down the comparison.
Canning: I think it's actually up, but --
Bird: Up I mean. I'm sorry.
Canning: There we go. This is with overhead. The comparison with --
Bird: And we are 16 on the first item.
Canning: The blue indicates that Boise city is less. The red indicates that Boise city is
more. And it's difficult, because there are all ranges on both sides, so it would have to
definitely be more or definitely be less for me to color it and that's why some of them are
not colored.
Bird: I understand that. Okay.
Canning: So, as you see, if we use Boise city as a comparison, the accessory use in a
residential district is less in Boise, but home occupation is more. An accessory use not
in a residential district is more. Administrative design review is more. Alternative
compliance is more. Certificate of zoning compliance is more. Certificate of -- another
certificate of zoning compliance would be more. City Council review or appeal is less.
Comprehensive Plan map amendment is less. Comprehensive Plan text amendment is
more. Conditional use modification is more. Additional inspections for CZC are more.
Planned development is less. Combination plat would generally be less. Final plat per
lot fee is less. Final plat modification is less. Preliminary plat is less. Then going to
Meridian City Council
September 13, 2005
Page 43 of 51
page two. I think I'm going to stop reading, unless there is one you want me to -- so,
there is a fair amount of blue and red on both sides, though.
Bird: Yeah.
Canning: One of the -- well --
Bird: What is the most used fee, Anna? What type are the most used fees, do you
know?
Canning: Annexation, preliminary plat, certificate of zoning compliance, and final plats
are the most used.
Bird: We are pretty competitive there.
Canning: I think we are pretty competitive. The big thing was our ordinance was
changed to not require a lot of your review. It's got a lot more staff level review, which
doesn't show up here. So, that's a huge savings to someone. Just the fee for the
conditional use is not a big deal, but the fee in the six months is a big deal to them and I
think that that's another move forward that does not show up in this fee resolution.
De Weerd: Mr. Wardle.
Wardle: Madam Mayor, with that I would withdraw my motion.
Bird: Second agrees.
De Weerd: Okay. Is there any further discussion before a motion is made?
Bird: I have none.
De Weerd: Okay.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I would move that we approve the new proposed department development
application review fees and direct staff to publish one fee, inclusive of all the costs to the
city for the service.
Bird: Second.
De Weerd: Okay. The motion is to approve the proposed fees with the overhead. So,
the third column, and to publish that in total.
Meridian City Council
September 13, 2005
Page 44 of 51
Wardle: Yes.
De Weerd: Okay. Mr. Berg, will you please --
Rountree: Madam Mayor?
De Weerd: Sorry. Mr. Rountree.
Rountree: I would ask that somewhere -- and probably in the development application
or packet for that or the ordinance or whatever, that we define the word fee. So, the
applicant fully understands that it's not necessarily meant on the part of the City of
Meridian to be a revenue generator, but to actually cover the costs of the process. And
it may very well be there. And, then, further, that we don't ever see fees broken out by
overhead or something else, because that something else, in my opinion, is still
overhead.
De Weerd: Okay.
Rountree: Or, if, in fact, we are going to generate revenues with it, that we specify that.
Bird: No. We can't.
Rountree: But I don't think we can.
Baird: Madam Mayor?
De Weerd: Mr. Baird.
Baird: Madam Mayor, Members of the Council, the state statute limits us to only collect
our costs and the way this was broken out was designed to give you options on whether
you wanted to recover part of your costs or all of your costs and the motion that's before
you covers all of your costs. And in defense of the way it was published, I think that's
the way the public had to see what was before you, the considerations that you're
making tonight, they needed to see all of those columns.
De Weerd: Which is a different way than we have done business in now folding the
overhead into it and those were important public considerations and laying out how
those fees were developed. So, as you look at the policy of folding in the overhead into
our fee calculations, which I'm sure we are consistent, but we will work on that, Council,
and make sure as we update our fees annually that you have a consistent calculation.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council \
September 13, 2005
Page 45 of 51
Bird: One statement -- and I'm sure Anna's -- and I appreciate the way Anna did that. I
agree with Mr. Baird that that probably was the right way to publish it, even though I
didn't think so. All I can say is I know -- and Mayor just stated that we would get a
uniform way of doing it, but I know our costs can be justified if we have to -- if we have
to stand up for it and I'm positive we can do that and that I feel comfortable -- when we
can do that, then, I feel comfortable. Very comfortable. And I feel very comfortable with
these fees. I don't care where Boise is at or Nampa is at or anybody else, I know what
we need.
De Weerd: Thank you. Any further discussion?
Rountree: Question.
De Weerd: Okay. Mr. Berg, will you, please, call roll.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 15: Resolution No. 05-489 Approving and Adopting the
Planning Department Development Application Review Fees Under
the Unified Development Code:
De Weerd: Thank you. Okay. So, Mr. Baird, on Item 15, we will need to --
Baird: Madam Mayor, Members of the Council, in order to have these in effect on our
proposed effective date of the 15th, I would ask, in order to fulfill your approval on item
No. 14, that in a motion to approve the resolution in Agenda Item 15, you make the
same statement, that we provide you with a final version of the resolution containing
only the final column, including what we have defined tonight as including overhead,
which for future and ever more will be the way we will be defining fees.
De Weerd: Forever more. Okay.
Bird: And, Madam Mayor, that would -- Ted, that would take care of Charlie's deal of
having it published, because the resolution is publicly published; right?
Baird: Madam Mayor and Members of the Council, we don't normally publish a
resolution like we do an ordinance. However, in discussing this with the City Clerk, I
think it was our intention to publish the fees after they were acted upon.
Berg: Madam Mayor?
De Weerd: Mr. Berg.
Meridian City Council (
September 13, 2005
Page 46 of 51
Berg: It's been our office policy to publish resolutions that involve fees for the public to
be aware of those fees. I know that it doesn't have to be, but we go beyond that to
make sure that we are up and aboard with our public with the fees that we approve.
Bird: Thank you.
Wardle: And -- Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I believe the other direction from Councilman Rountree was to within our fee
packet include the definition of fee and our interpretation of what those are meant and I
think --
Rountree: Consistent with state statute, etcetera.
Wardle: That can happen at the department level when we --
Bird: Yeah.
Rountree: I mean if it's just a reference to state statute, where it's defined, I --
Bird: Okay.
De Weerd: Okay.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: With that I move that we approve Item 15, Resolution No. 05-489, approving
and adopting the planning department development application review fees under the
Unified Development Code, to include one published fee, which, again, includes all
costs to the city, the third column, which was published, including the overhead.
Rountree: Second.
De Weerd: Okay. We have a motion to approve with the changes as stated or
consolidation as stated and a second. Is there any further discussion? Mr. Berg.
Berg: Thank you, Madam Mayor, Members of the Council. If I could read just the title
of the resolution, so you would understand the resolution. A resolution approving and
adopting the planning department development application review fees under the
Unified Development Code and approving an effective date, which is September 15th.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
Meridian City Council \
September 13, 2005
Page 47 of 51
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 16: Ordinance No. 05-1181 : FY05 Budget Amendment:
De Weerd: Item 16 is Ordinance No. 05-1181 on FY05 budget amendment. Mr. Berg,
will you, please, read this by title only.
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1181, an
ordinance of the City of Meridian, Idaho, amending Ordinance 04-1100, the
appropriation ordinance for the fiscal year beginning October 1st, 2004, and ending
September 30th, 2005, appropriating additional monies that are not to be received --
excuse me -- that are to be received by the City of Meridian, Idaho, in the sum of
7,552,575 dollars and allocating additional expenditures and providing an effective date.
De Weerd: Thank you. You have heard this ordinance read by title only. I don't think
our audience member wants to hear it read it its entirety.
Nary: How long is it?
Rountree: How long is it.
Bird: If he does, he can get up and read it.
De Weerd: I would entertain a motion to approve.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve Ordinance No. 05-1181 with suspension of rules.
Rountree: Second.
De Weerd: Okay. Motion to approve Item 16. Mr. Berg, will you call roll.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 17:
C. Mayor's Office
1. Reappointment of Clarence Jones and Keith Bird to the
MDC Board:
Meridian City Council
September 13, 2005
Page 48 of 51
2. Appointments to Economic Development Corporation:
De Weerd: Item 17 is a consolation of Item 5 from the pre -Council agenda, as well as
Item 6-C-2 on the Economic Development Corporation. This is a corporation by
ordinance that is necessary to do industrial revenue bonds. It defines in the ordinance
the board make up. This board in front of you -- or recommendations are -- would be
the Mayor, the Council President, and these three positions. Dale Newberry has
received several 1OB's sponsored through the city and is very familiar with the process.
Chris Klein in the incoming president with the Chamber of Commerce and Cheryl Brown
as the representative of the city's economic development efforts. Were there questions
or discussion on this item?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: To follow up from the pre -Council discussion, the reason that I added this item
to our Council agenda, was simply to make Council aware of a committee which has not
been active for some time, that we were going to reactivate it and, then, appoint these
individuals and allow some time to comment before the actual appointment on the
consent -- or in the Mayor's report. So, that was my intent for the pre -Council agenda.
De Weerd: And, Council, this board hasn't existed, because there has been no need for
an IRB. We did have Tri -City Meats that approached the city, wanted to look at this
mode of financing. They have since, just recently, notified us that they would be using a
different financing mechanism, but we did -- we have had some interest and as the
interest rates go up this becomes a more desirable form of financing. So, in light of the
recent reversal of not needing the immediacy, if you don't want to take action on it
tonight, that's fine, but I do think we need this board in place, so that we are ready to go
if there is an industrial employer or manufacturer that needs this type of financing.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: And I believe by ordinance they meet only when they have to or once a year, if I'm
right. On your appointment, who is the one-year? These are staggered appointments.
De Weerd: I don't care.
Bird: Cheryl?
De Weerd: You bet.
Bird: Okay. Who is your two-year?
Meridian City Council
September 13, 2005
Page 49 of 51
De Weerd: Probably Chris. And, then, Dale is our --
Bird: Three year?
De Weerd: I think he adds some great value to it.
Rountree: He's got the institutional memory.
De Weerd: Yes, he does.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I would move that we -- on our Economic Development Corporation, that we
approve the appointments of Cheryl Brown, Chris Klein, And Dale Newberry, along with
noting that the president will be the Mayor, Tammy de Weerd, and the secretary will be
Shaun Wardle, the City Council President.
Rountree: And the term limits.
Bird: And the term limits will be Cheryl for one year, Chris Klein for two years, and Dale
for a three year term.
Rountree: Second.
De Weerd: Okay. Motion to approve the appointments as recommend, with the
appointed terms as noted. Is there any further discussion? Mr. Berg, will you call roll.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Council, before we have our motion to go into Executive Session, I do want
to -- since we have our police and our Planning and Zoning all in one room, there have
been sign issues again brought to my attention and we just need to be consistent and
there seems to be a lot of temporary signs everywhere and so since that has been
brought to my attention, I thought I should mention it before we leave tonight.
Rountree: We could have open season on them.
De Weerd: And before there is open season on them, would you, please, see if our
code enforcement can start. Otherwise, they will pose a different problem for our
officers. Shooting in the city limits.
Meridian City Council
September 13, 2005
Page 50 of 51
Item 18: Executive Session per Idaho State Code 67-2345(1)(a(c))&(f):
De Weerd: Okay. I would entertain a motion to adjourn into Executive Session and if
the motion maker can also, please, indicate who they would like to come into Executive
Session with us. Or I will.
Rountree: Is that Bill Nary?
De Weerd: Yeah. I believe that our attorney -- on some of these we should have -- we
will start with Len and Anna and our legal counsel -- and, I'm sorry, Brad. Okay. And
Brad, too. We have gotten used to Len.
Rountree: Because he stayed so long.
De Weerd: So, that would be what we would start out with.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we go into Executive Session per State 67-2345(1)(c)(f) and
have staff in attendance of Mr. Nary, Mr. Watson, Len, you -- okay. Len as well. Okay.
And Anna.
De Weerd: Okay. Do I have a second?
Bird: Second.
De Weerd: Okay. Mr. Berg, will you, please, call roll.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
EXECUTIVE SESSION.
Rountree: I move we come out of Executive Session?
Bird: Second.
Meridian City Council
September 13, 2005
Page 51 of 51
Mayor: Okay, all those in favor?
ALL AYES. MOTION CARRIED.
Mayor: I would entertain a motion to adjourn.
Bird: Before we make that motion let it be know that no decisions were made in
Executive Session.
Mayor: We don't need to say that.
Rountree: Well, we did.
Mayor: No, we didn't.
Bird: So moved.
Rountree: Second.
Mayor: Okay, we are adjourned.
MEETING ADJOURNED AT 11:34 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
MAYOR
,,,,,TI I
L61 , // 1 D.f
DATE APPROVED
Q G. BERG JR.. CITY CLERK
C
September 9, 2005
MERIDIAN CITY COUNCIL MEETING September 13, 2005
APPLICANT ITEM NO. S -C
REQUEST Contract with Candy Weaver
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY See attached
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
Date: Phone: _
Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
AGREEMENT
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT, made this J3'1�' day of Sr �r mbe, 2005, by and
between the City of Meridian, a municipal corporation organized under the laws of the State of
Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and
Kandy Weaver doing business as Kandy Weaver and Associates, LLC, hereinafter referred to as
"WEAVER', 4903 Lakeview Place, Boise, Idaho 83714, a corporation organized under the laws
of the State of Idaho.
Scope of Services: WEAVER shall perform all services, and comply in all
respects, as specified in the document titled "Scope of Services" a copy of which
is attached hereto as Exhibit "A" and incorporated herein by this reference,
together with any amendments that may be agreed to in writing by the parties.
2. Time of Performance: This agreement shall become effective upon execution by
both parties, and shall expire on September 30, 2005 unless earlier terminated or
extended.
3. Indemnification and Insurance: WEAVER shall indemnify and save and hold
harmless CITY from and for any and all losses, claims, actions, judgments for
damages, or injury to persons or property and losses and expenses caused or
incurred by WEAVER, its servants, agents, employees, guests, and business
invitees, and not caused by or arising out of the tortious conduct of CITY or its
employees. WEAVER shall maintain, and specifically agrees that it will
maintain, throughout the term of this Agreement, liability insurance, in which the
CITY shall be named an additional insured in the minimum amount as specified
in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code.
The limits of insurance shall not be deemed a limitation of the covenants to
indemnify and save and hold harmless CITY; and if CITY becomes liable for an
amount in excess of the insurance limits, herein provided, WEAVER covenants
and agrees to indemnify and save and hold harmless CITY from and for all such
losses, claims, actions, or judgments for damages or liability to persons or
property. WEAVER'S Professional Error and Omissions insurance shall suffice
for compliance with the Tort Claims Act requirements. WEAVER shall provide
CITY with a Certificate of Insurance, or other proof of insurance evidencing
WEAVER'S compliance with the requirements of this paragraph and file such
proof of insurance with the CITY. In the event the insurance minimums are
changed, WEAVER shall immediately submit proof of compliance with the
changed limits. Evidence of all insurance shall be submitted to the City Clerk
with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho
83642.
Agreement — Human Resources Consulting - Weaver — page I of 5
4. Independent Contractor: In all matters pertaining to this agreement, WEAVER
shall be acting as an independent contractor, and neither WEAVER nor any
officer, employee or agent of WEAVER will be deemed an employee of CITY.
The selection and designation of the personnel of the CITY in the performance of
this agreement shall be made by the CITY.
Compensation: WEAVER shall be compensated for human resources related
services pursuant to and specified in attached Exhibit "A."
6. Method of Payment: WEAVER will invoice the City of Meridian Accounting
Department at 33 East Idaho Avenue, Meridian, Idaho 83642 directly for all
current amounts earned under this Agreement at the end of each month. The CITY
will pay all invoices within thirty (30) days after receipt.
Notices: Any and all notices required to be given by either of the parties hereto,
unless otherwise stated in this agreement, shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
City of Meridian
33 E. Idaho Avenue
Meridian, Idaho 83642
Kandy Weaver & Associates, LLC
4903 Lakeview Place
Boise, Idaho 83714
Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
8. Attorney Fees: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorneys' fees as
determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default,
termination or forfeiture of this Agreement.
9. Time is of the Essence: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term, condition and provision
hereof, and that the failure to timely perform any of the obligations hereunder
shall constitute a breach of, and a default under, this Agreement by the party so
failing to perform.
Agreement — Human Resources Consulting - Weaver — page 2 of 5
10. Assignment: It is expressly agreed and understood by the parties hereto, that
WEAVER shall not have the right to assign, transfer, hypothecate or sell any of its
rights under this Agreement except upon the prior express written consent of
CITY.
11. Discrimination Prohibited: In performing the Services required herein,
WEAVER shall not discriminate against any person on the basis of race, color,
religion, sex, national origin or ancestry, age or disability.
12. Reports and Information: At such times and in such forms as the CITY may
require, there shall be furnished to the CITY such statements, records, reports,
data and information as the CITY may request pertaining to matters covered by
this Agreement.
13. Audits and Inspections: At any time during normal business hours and as often
as the CITY may deem necessary, there shall be made available to the CITY for
examination all of WEAVER'S records with respect to all matters covered by this
Agreement. WEAVER shall permit the CITY to audit, examine, and make
excerpts or transcripts from such records, and to make audits of all contracts,
invoices, materials, payrolls, records of personnel, conditions of employment and
other data relating to all matters covered by this Agreement.
14. Publication, Reproduction and Use of Material: No material produced in
whole or in part under this Agreement shall be subject to copyright in the United
States or in any other country. The CITY shall have unrestricted authority to
publish, disclose and otherwise use, in whole or in part, any reports, data or other
materials prepared under this Agreement.
15. Compliance with Laws: In performing the scope of services required hereunder,
WEAVER shall comply with all applicable laws, ordinances, and codes of
Federal, State, and local governments.
16. Changes: The CITY may, from time to time, request changes in the Scope of
Services to be performed hereunder. Such changes, including any increase or
decrease in the amount of WEAVER's compensation, which are mutually agreed
upon by and between the CITY and WEAVER, shall be incorporated in written
amendments to this Agreement.
17. Termination: If, through any cause, WEAVER, its officers, employees, or agents
fails to fulfill in a timely and proper manner its obligations under this Agreement,
violates any of the covenants, agreements, or stipulations of this Agreement,
falsifies any record or document required to be prepared under this agreement,
engages in fraud, dishonesty, or any other act of misconduct in the performance of
this contract, or if the City Council determines that termination of this Agreement
Agreement — Human Resources Consulting - Weaver — page 3 of 5
is in the best interest of CITY, the CITY shall thereupon have the right to
terminate this Agreement by giving written notice to WEAVER of such
termination and specifying the effective date thereof at least fifteen (15) days
before the effective date of such termination. WEAVER may terminate this
agreement at any time by giving at least sixty (60) days notice to CITY.
In the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by WEAVER under this Agreement shall,
at the option of the CITY, become its property, and WEAVER shall be entitled to
receive just and equitable compensation for any work satisfactorily complete
hereunder.
Notwithstanding the above, WEAVER shall not be relieved of liability to the
CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by WEAVER, and the CITY may withhold any payments to WEAVR
for the purposes of set-off until such time as the exact amount of damages due the
CITY from WEAVER is determined. This provision shall survive the termination
of this agreement and shall not relieve WEAVER of its liability to the CITY for
damages.
18. Construction and Severability: If any part of this Agreement is held to be
invalid or unenforceable, such holding will not affect the validity or enforceability
of any other part of this Agreement so long as the remainder of the Agreement is
reasonably capable of completion.
19. Entire Agreement: This Agreement contains the entire agreement of the parties
and supersedes any and all other agreements or understandings, oral of written,
whether previous to the execution hereof or contemporaneous herewith.
20. Applicable Law: This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of Idaho, and the ordinances of
the City of Meridian.
21. Approval Required: This Agreement shall not become effective or binding until
approved by the City of Meridian.
KANDY WEAVER & ASSOCIATES, LLC
KAIyIDY VER
Agreement — Human Resources Consulting - Weaver — page 4 of 5
Attest:
CITY OF MERIDIAN
BY:�
T_a4r_,IC4Y de
CIE
Agreement — Human Resources Consulting - Weaver — page 5 of 5
Cmr,�ct,G 9-13-0.�
Scope of Services
The following reviews the type and scope of services provided and the fees required for
completion.
1. Kandy Weaver and Associated, LLC will provide 2 hours of employee training
broken down into small workshops of 20-25 employees that will be mandatory for
all employees.
2. This employee training will be designed to incorporate the City of Meridian's
policy and definition of a respectful workplace.
3. Also included is a follow-up training of 1 hour for supervisors to give a clear
understanding of potential risks and the supervisor's responsibility in creating a
respectful workplace.
4. Kandy Weaver and Associates, LLC will customize the training to insure that the
class meets the stated objectives, has relevant examples, and incorporates the
culture and needs of the City.
5. The fees associated with this training will be $25 per person plus the cost of
handout materials. These fees are based on 235 employees
September 9, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
REQUEST Contract with AspireOn
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEFT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
September 13, 2005
ITEM NO. 5-D
COMMENTS
See attached
Date: Phone: _
Staff Initials:
Materials presented at public meetings shall become properly of the City of Meridian.
September 9, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
REQUEST
AGENCY
September 13, 2005
ITEM NO. 5-F
Contract for Black Cat Trunk Sewer — Phase 3 with JUB Engineers, Inc.
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
COMMENTS
See attached
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
A �
S- P 0 4105
UYlVtar d.ar
vterl;
I Programming with DC Engineering, Inc. for $68,000 and authorize the Mayor
to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
• Page 2
(_J'� J-1.1-13 ENGINEERS, Inc. SF330Code SO4
J4ENGINEERS, Inc .
AGREEMENT FOR PROFESSIONAL SERVICES PMlnitlals PHK
EHOIXEERS ge•FYBYFY0R8•PIANHEgS
J -U -B Project No.: 10-05.026
THIS AGREEMENT entered into this _day of _ 2005, between City of Meridian, hereinafter referred to as the "CLIENT" and J -U -B
ENGINEERS, Inc., an Idaho Corporation of Boise, Idaho, hereinafter referred to as "J -U -B".
WITNESSETH:
WHEREAS the CLIENT intends to: design the North Black Cat oroiect as described in Attachment "A".
hereinafter referred to as the "Project'; NOW, THEREFORE, the CLIENT and J -U -B, in consideration of their mutual covenants herein, agree as set forth
below:
MUTUAL RESPONSIBILITIES:
This Agreement is based upon a mutual obligation of good faith and fair dealing between the parties in its performance and enforcement.
Accordingly, the CLIENT and J -U -B, with a positive commitment to honestyand integrity, agree that each will assist in the others performance; that each
will avoid hindering the others performance; that each will work diligently to fulfill its obligations; and that each will cooperate in the common endeavor of
the Agreement.
CLIENT INFORMATION AND RESPONSIBILITIES
The CLIENTwill provide to J -U -B all criteria and full information as to CLIENT's requirements for the Project, including design objectives and
constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design
and construction standards, rules and laws which CLIENT or others will require to be included in the drawings and specifications upon which J -U -B can
rely for completeness and accuracy.
The CLIENT will furnish to J -U -B all data, documents, and other items in CLIENT's possession, or reasonably obtainable by CLIENT, including,
without limitation, borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and
equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements, surveys of record, property
descriptions; zoning, deed and other land use restrictions, rules and laws; and other special data or consultations, all of which J -U -B may use and rely
upon in performing Services under this Agreement.
The CLIENT shall designate a representative with authority to bind the CLIENT.
The CLIENT will obtain, arrange and pay for all advertisements for bids, permits and licenses required by local, state, province or federal
authorities, and all land, easement, rights -of -ways and access necessary for J -U -B's Services and Project construction.
In addition, the CLIENT will furnish to J -U -B: Items listed in Attachment "C"
PROJECT REPRESENTATIVES
The CLIENT and J -U -B hereby designate their authorized representatives to act on their behalf with respect to the services and responsibilities
under this Agreement. The following designated representatives are authorized to receive notices, transmit information and make decisions regarding
the Project on behalf of their respective parties, except as expressly limited herein. These representatives are not authorized to alter or modify the terms
and conditions of this Agreement.
For the CLIENT:
1. Name Brad Watson, P.E. Work telephone (208) 898.5500
Address City of Meridian Hometelephone
660 E. Watertower, 2nd Floor FAX telephone (208) 898.9551
Meridian, ID 83642 E-mail address watsonb@merfdlancity.org
Special provisions or limitations:
For J -U -B:
1. Name Phillip H. Krichbaum, P.E. Work telephone (208) 376.7330
Address J -U -B ENGINEERS, Inc. Home telephone
250 S. Beechwood Avenue #201 FAX telephone (208) 323-9336
ID 83709 E-mail address phk@jub.com
Special provisions or limitations:
Page 1 of 4
In the event any changes are made to the authorized representatives or other information listed above, the CLIENT and J -U -B agree to furnish
each other timely, written notice of such changes.
SERVICES TO BE PERFORMED BY J -U -B ("Services")
J -U -B will complete those services listed in Attachment "B".
J -U -B assumes no responsibility to perform services not listed. Services which J -U -B performs at the request or acquiescence of the CLIENT
that are not listed are "Additional Services".
SCHEDULE OF SERVICES TO BE PERFORMED
J -U -B will perform said Services as follows: In a timely manner.
This schedule shall be equitably adjusted as the Project progresses, allowing for changes in scope, characteror size of the Project requested
by the CLIENT or for delays or other causes beyond J -U -B's control.
BASIS OF FEE
The CLIENT will pay J -U -B for their Services and reimbursable expenses as follows: As listed in Attachment "D".
The CLIENT will pay J -U -B for all Additional Services on a time and materials basis.
File Folder Title: MERIDIAN CITY OF- North Black Cat Project
Remarks:
The Notice to Proceed, by the CLIENT, verbal or written, constitutes acceptance of this Agreement. THE TERMS AND
CONDITIONS, INCLUDING RISK ALLOCATION, ON THE ATTACHED SHEET, ARE PART OF THIS AGREEMENT. THE
CLIENT AGREES TO SAID TERMS AND CONDITIONS.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
CLIENT: J -U -B:
250 South Beechwood Avenue, Suite 201
City of Meridian STREET
NAME
Boise, Idaho 83709
660 E. Watertower, 2"" Floor CITY /STATE /ZIP CODE
STREET
Meridian, ID 83642
CITY -/STATE / ZIP CODE
BY (Signature)
Tammy de Weerd Mayor
NAME / TITLE
BY (Signature)
NAME/
BY (Signature)
Phillip H Krlchbaum P.E. Project Manager
NAME /TITLE
DISTRIBUTION: White - Corporate; Yellow - Office; Pink - Project; Goldenrod - Client
Page 2 of
REV: 11/s/04
J -U -B ENGINEERS, Inc.
TERMS AND CONDITIONS
GENERAL
J -U -B shall provide for the CLIENT professional Services as set forth herein. The Services will be performed in accordance with generally
accepted professional practices for the intended use of the Project. J -U -B MAKES NO OTHER WARRANTY EITHER EXPRESSED OR IMPLIED. The
CLIENT acknowledges and agrees that legal requirements governing the Project maybe subject to various and possibly contradictory interpretations;
and, J -U -B will therefore use its reasonable professional efforts and judgment to interpret such requirements.
J -U -B shall not be responsible for acts or omissions of any party involved in the Project other than their own, including but not limited to failure
of a third party to follow J -U -B's recommendations; the means, methods, techniques, sequences or procedures of construction selected by CLIENT or
third parties; safety programs and precautions selected bythird parties; compliance with laws, rules, regulations, ordinances, codes, orders or authority
by CLIENT and third parties; and any contact or action of the CLIENT or others with third parties. CLIENT therefore indemnifies and holds J -U -B
harmless from the actions and omissions of CLIENT and third parties involved in the Project.
J -U -B shall not be required to sign any documents, no matter by whom requested, that would result in J -U -B's having to certify, guarantee or
warrant the existence of conditions whose existence J -U -B cannot ascertain. The CLIENT also agrees not to make resolution of any dispute with J -U -B
or payment of any amount due to J -U -B in any way contingent upon J -U -B signing any such certification.
In soil investigation work and in determining subsurface conditions for the Project, the characteristics may vary greatly between successive test
points and sample intervals. J -U -B will coordinate this work in accordance with generally accepted practice of the professional Services being provided
and makes NO OTHER WARRANTIES EXPRESSED OR IMPLIED, or as to the professional advice furnished by others.
Resetting of survey and/or construction stakes shall constitute Additional Services.
CONSTRUCTION PHASE SERVICES
Unless otherwise agreed, J -U -B's Services underthis Agreement will be considered to be complete and final upon completion of the Services
describedherein. Unless otherwise agreed, it is understood and agreed that J -U -B's Services under this Agreement do not include Project observation,
review of the contractors performance, or any other construction phase services, and the CLIENT assumes all responsibility for interpretation of the
documents associated with the Project and for construction observation or review, and indemnifies J -U -B from and waives any claims against J -U -B that
may be in any way connected thereto or arise therefrom.
It is further understood and agreed that J -U -B does not have control over, and neither the professional activities of J -U -B nor the presence of
J -U -B at the Project site shall give J -U -B control over contractor(s) work nor shall J -U -B have authority over or responsibility for the means, methods,
techniques, sequences or procedures of construction selected by contractor(s), for safety precautions and programs incident to the work of the
contractor(s) orfor any failure of contractor(s) to comply with laws, rules, regulations, ordinances, codes ororders applicable to contractor(s) furnishing
and performing their work or providing any health and safety precautions required by any regulatory agencies. Accordingly, J -U -B can neither guarantee
the performance of the construction contracts by contractor(s) nor assume responsibility of contactor(s) failure to furnish and perform their work in
accordance with the contract documents.
The CLIENT agrees that the general contractor shall be solely responsible for jobsite safety, and warrants that this intent shall be carried out in
the CLIENT's contract with the general contractor. The CLIENT also agrees that the CLIENT, J -U -B and J -U -B's subconsullanls shall be indemnified by
the general contractor in the event of general contractor's failure to assure jobsite safety and shall be made additional insureds under the general
contractor's policies of general liability insurance.
OPINIONS OF COST
Since J -U -B has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s)' methods of
determining prices, or over competitive bidding or market conditions, J -U -B's opinions of probable total Project costs and construction, if any, are to be
made on the basis of J -U -B's experience and qualifications, and represent J -U -B's bestjudgment as an experienced and qualified professional engineer,
familiar with the construction industry; but J -U -B cannot and does not guarantee that proposals, bids or actual total projector construction costs will not
vary from opinions of probable cost prepared byJ-U-B. If the CLIENT wishes greater assurance as to total projector construction costs, CLIENT shall
employ an independent cost estimator. J -U -B's services to modify the Project to bring the construclion costs within any limitation established by the
CLIENT will be considered Additional Services and paid for as such by the CLIENT.
REUSE OF DOCUMENTS
All documents and magnetic media and other communication or information formats ("Documents"), prepared or furnished byJ-U-B pursuant to
this Agreement are instruments of service with respect to the Project and shall remain the property of J -U -B whether or not the Project is completed.
Although CLIENT may make and retain copies of Documents forinformation and reference in connection with use on the Projectby CLIENT, J -U -B shall
retain all common law, statutory and other reserved rights, including the copyright thereto, and the same shall not be reused without J -U -B's written
consent. Any reuse without written consent by J-U-B,or without verification or adoption by J -U -B for the specific purpose intended by the reuse, will beat
CLIENT's sole risk and without liability or legal exposure to J -U -B. The CLIENT shall indemnify and hold J -U -B harmless from any claims, damages,
losses and expenses arising out of or resulting from such reuse.
Copies of Documents that may be relied upon by CLIENT are limited to the printed copies (also know as hard copies) that are signed or sealed
by J -U -B. Files in electronic media format of text, data, graphics, or of other types that are furnished by J -U -B to CLIENT are only for convenience of
CLIENT. Any conclusion or information obtained or derived from such electronic files will beat the users sole risk.
Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's
creator, the CLIENT agrees that it will perform acceptance tests or procedures within 60 days, afterwhich the CLIENT shall be deemed to have accepted
the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected byJ-U-B. J -U -B shall not be responsible to maintain
documents stored in electronic media format after acceptance by CLIENT.
When transferring documents in electronic media format, J -U -B makes no representations as to long term compatibility, usability, orreadability
of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by J -U -B at
the beginning of this Project.
TIMES OF PAYMENTS
J -U -B shall submit monthly statements for Services rendered and for expenses incurred, which statements are due on presentation. CLIENT
shall make prompt monthly payments. If CLIENT fails to make any payment in full within ten(10)clays after receipt of J -U -B's statement, the amounts
due J -U -B will accrue interest at the rate of 1 % per month from said tenth day. If the CLIENT fails to make payments when due or otherwise is in breach
of this Agreement, J -U -B may suspend performance of Services upon five (5) days notice to the CLIENT. J -U -B shall have no liabilitywhatsoeverto the
CLIENT for any costs or damages as a result of such suspension caused by any breach of the Agreement by the CLIENT. Upon cure of breach or
payment in full bythe CLIENT within thirty (30) days of the date breach occurred or payment is due, J -U -B shall resume Services underthe Agreement,
and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable time and
expense necessary for J -U -B to resume performance. If the CLIENT fails to make payment as provided herein within thirty (30) days after suspension of
Services, such failure shall constitute a material breach or this Agreement and shall because for termination of this Agreement byJ-U-B.
Page 3 014
TERMINATION
The obligation to provide further Services under the Agreement maybe terminated by either party upon thirty (30) days written notice in the
event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating parry. If this Agreement is
terminated by either party, J -U -B will be paid for Services rendered and for expenses incurred to the date of such termination, plus an allowance for
demobilization costs as determined by J -U -B. Such demobilization costs shall be the cost and expense J -U -B incurs in withdrawing its labor and
resources from the Project, and obtaining and engaging in a new project with the labor and resources withdrawn from the Project.
RISK ALLOCATION
The CLIENT is aware of the risks, rewards, and benefits of the Project and J -U -B's total fee for services. The risks are hereby allocated such
that the CLIENT agrees that, to the fullest extent permitted by law, the total combined liability of J -U -B, its agents, employees, and insurers, to the
CLIENT, directly or through third parties for all injuries, claims, expenses, costs and fees, damages orclaims of expenses arising out of this Agreement
from any cause, shall not exceed the amount of J -U -B's fees, as of the date of this Agreement. Such causes include, but are not limited to, J -U -B's
negligence, errors, omissions, strict liability, and breach of this Agreement. In no event shall J -U -B be liable for any incidental, indirect or consequential
damages.
The Client agrees that J -U -B is not responsible For damages arising directly orindirectly from any delays for causes beyond J -U -B's control. For
purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural
disasters; fires, riots, war or other emergencies or acts o1 God; failure of any government agency or otherthird party to act in a timely manner; failure of
performance by the CLIENT or the CLIENT's contractors or consultants; or discovery of any hazardous substance or differing site conditions. In addition,
if the delays resulting from any such causes increase the cost or time required by J -U -B to perform its services in an orderly and efficient manner, J -U -B
shall be entitled to an equitable adjustment in schedule and compensation.
HAZARDOUS WASTE AND ASBESTOS
The CLIENT agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold
harmless J -U -B, its officers, partners, employees and consultants (collectively, J -U -B) from and against any and all claims, suits, demands, liabilities,
losses, damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence,
handling, removal, abatement, or disposal of any asbestos or hazardous or toxic substances, products or materials that exist on, about or adjacent to the
Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of
action, except for the sole negligence or willful misconduct of J -U -B.
RIGHT OF ENTRY
The CLIENT shall provide for J -U -B's right to enter the property owned by the CLIENT and others in order for J -U -B to fulfill the Services to be
Performed hereunder. The CLIENT understands that use of testing or other equipment may unavoidably cause some damage, the correction of which is
not part of this Agreement. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless J -U -B, it's officers, directors,
employees and subconsultants (collectively, J -U -B) against any damages, liabilities or costs, including reasonable attorneys' fees and defense costs,
arising or allegedly arising from procedures associated with testing or investigative activities or connected in any way with the discovery of hazardous
materials or suspected hazardous materials on the property.
MEDIATION BEFORE LITIGATION
In an effort to resolve any conflicts that arise during the design and construction of the Project orfollowing the completion of the Project, the
CLIENT and J -U -B agree that all disputes between them arising out of or relating to this Agreement orthe Project, except for the payment of J -U -B's fees,
shall be submitted to nonbinding mediation as a condition precedent to litigation unless the parties mutually agree otherwise. The CLIENT further agrees
to include a similar mediation provision in all agreements with independent contractors and consultants on the Project, and also to include a similar
mediation provision in all agreements with their subcontractors, subconsultants, suppliers and fabricators on the Project, thereby providing for mediation
as the primary method for dispute resolution among the parties to all those agreements.
LEGALFEES
In the event of any action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute
concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for lees, costs and
expenses including attorneys fees as may be set by a court.
SURVIVAL
Notwithstanding completion or termination of this Agreement for any reason, all rights, duties and obligations of the parties to this Agreement
shall survive such completion or termination and remain in full force and effect until fulfilled.
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between the CLIENT and J -U -B and supersedes all prior negotiations,
representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and J -U -B.
SUCCESSORS AND ASSIGNS
CLIENT and J -U -B are hereby bound, and the partners, successors, executors, administrators and legal representatives of such otherparty, in
respect of all the covenants, agreements and obligations of this Agreement.
Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against J -U -B.
J -U -B's services under this Agreement are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against
J -U -B because of this Agreement or the performance or nonperformance of services hereunder. In the event of such third party claim, CLIENT agrees to
indemnify and hold J -U -B harmless from the same. The CLIENT and J -U -B agree to require a similar provision in all contracts with contractors,
subcontractors, subconsultants, vendors and other entities involved in the Project to carry out the intent of this provision.
CONTROLLING LAW, JURISDICTION, AND VENUE
This Agreement is to be governed by the law of the State of Idaho, principal place of business of J -U -B. Any action or proceeding arising from
or in connection with this Agreement shall subject to the exclusive jurisdiction of the Slate of Idaho. Venue shall be proper in Ada County.
Page 4 of 4
J -U -B ENGINEERS, Inc. ( Attachment 'B'- 10-05135
CITY OF MERIDIAN
BLACK CAT TRUNK SEWER - PHASE 3
This project provides design of a pump station, force main, and gravity trunk sewer. The project will be
designed into three (3) separate bid packages. The City will administer bidding and construction phases.
Table of Contents:
Attachment "B" - Scope of Engineering Services
• Task A - Project Meetings
• Task B - Preliminary and Final Design
• Task E - Additional Services
• Task F - Agency Coordination and Permitting
• Task G - Easements and Private Development Coordination
• Exhibit A-1 - Labor and Equipment Detail
• Figure 1 - Project Overview
Attachment "C" - Items Provided by City
Attachment "D" - Fee Schedule
City of Meridian —Black Cat Trunk Sewer —Phase 3 Page - I
J -U-8 ENGINEERS, Inc.
Attachment 'B' - 10.05-135
CITY OF MERIDIAN
BLACK CAT TRUNK SEWER - PHASE 3
Attachment "B" - Scope of Engineering Services
Task A -Proiect Meetings
1. Proiect Meetings
A. Attend a kick-off meeting with the City with the Owner.
B. Prepare and attend progress meetings, as required over the duration of the project for the purpose
of updating the City, presenting information, designs, and facilitation of issues. An assumed
number of meetings is shown on Exhibit A-1.
Task B -Preliminary and Final Design
The project will design Phase 3 of the Black Cat Trunk sewer which encompasses approximately 5,400
Lineal feet from Ten Mile Road to Overland Road. Figure 1 - Project Overview shows the master planned
alignment.
1. Trunk Sewer Preliminary Design
A. Research, Control, and Topographic Survey and Mapping
1. Research Ada County Surveyor's records for survey monuments to add in establishing horizontal
control and include research of land monuments, plats, records of survey, right-of-ways, and
easements of record along the preferred trunk sewer alignments. Horizontal coordinate system
shall be based on NAD 1983 translated to the Ada County G.I.S. system. Vertical control shall
be based on NAVD 1988.
2. Establish temporary construction benchmarks ( T.B.M.'s) and control points at 1000' intervals.
3. Contact utility companies ( gas, power, telephone, storm drain, cable T.V., street lighting,
traffic signals, irrigation) and other utilities identified along the alignment prior to survey to
request field locations of utilities and to obtain available utility mapping.
4. Complete topographic survey along the alignments as generally shown on Figure 1. Additional
limits of topographic survey shall be as follows: 1) Alignments in public ROW will generally be
full ROW width. Alignments in undeveloped areas will encompass a 100' width along the
selected alignment.
5. Complete topographic mapping in AutoCAD 2000. The anticipated scale of the plan and profile
drawings will be 1 "=20' and 1 "=5' vertical scale. Topographic features shall be depicted using
standard symbols. Topographic features shall be shown on the construction plans to the extent
that they are found or field located by the utility companies, such as fences, utility poles,
surfacing, utilities, top of bank and waterway flowlines, and include monuments of record and
physical survey of monuments and property pins that are found. Property lines will be shown
based on Ada County G.I.S. mapping. Where easements are to be secured, property lines shall
be determined using research and field search of found land monuments.
City of Meridian —Black Ca( Trunk Server— Phase 3 Page - 2
J -U -B ENGINEERS, Inc.
Attachment 'B' - 10-05-135
B. Basic Design of Trunk Sewer(60%)
1. Complete preliminary design of the preferred trunk sewer alignment with considerations on
constructability, surface disturbance, impact to drains, sanitary separations, dewatering,
impacts to public traffic access, utility conflicts, construction access, serviceability checks,
excavation depths, easement issues, available ITD and ACHD plans of the Ten Mile\I-84
Interchange and other pertinent design issues. Provisions to determine locate manholes, and
stub -outs will be made where available development plans exist as specifically requested by
the City. For parcels without development plans, considerations for manholes and block-out
locations will be made with City direction.
2. Design details for the trunk sewer including the bored undercrossing of I-84. It is anticipated
that a horizontal bored undercrossing will be designed.
3. Design half -lane width roadway repair of Black Cat Road where impacted from trunk sewers.
Repair shall be limited to existing pavement widths and construction access within existing
ROW's. Design shall not include considerations with roadway drainage, ultimate road width or
alignment.
4. Perform design drafting in AutoCAD 2005 of the construction plans which will include project
title blocks, City standard notes, vicinity maps, sheet indexes, north arrows, bar scales,
topography, pipe size, type, slope, invert elevations, ground surface elevations, surface repair,
boring details, property lines, easements, found monuments and property corners, land
ownerships, survey control, pay limits, special details necessary for a biddable product.
Drafting shall be completed on 22"x34" mylars, ANSI standard size "D" sheets. To the extent
practicable, the 2002 City of Meridian Standard Specifications and Drawings for Construction
will be utilized in the design.
C. Final Design and Construction Plans
1. Prepare 90% complete construction plans and contract documents. It is anticipated that
one(1) construction packages will be prepared for the North Black Cat Trunk Sewer.
Prepare technical specifications in accordance with the 2005 Edition of the Idaho Standard
Public Works Construction (ISPWC) format, and City Standard Specifications and Drawings.
J -U -B shall be responsible for preparing special provisions necessary for the project. Contact
Documents will be prepared using ISPWC standard front-end documents and City revisions.
Contract documents shall be completed on a word processing system compatible with Microsoft
Word, Windows 2000.
3. Submit four (4) sets to the City for review.
4. Provide estimate of probable construction cost.
5. Meet with City and incorporate review comments.
6. Prepare 90% complete construction plans and contract document for City review and for agency
review and approvals. Provide an estimate of probable construction cost. Meet with City and
incorporate review comments.
7. Incorporate appropriate revisions as suggested by the City and reviewing agencies in the final
set of plans and contract documents.
8. Provide 20 copies of the 100% final construction package to the City.
9. Develop and issue to the City a final opinion of probable construction cost.
City of Meridian —Black Cat Trunk Sewer — Phase 3 Page - 3
J -U -B ENGINEERS, Inc. l
Attachment 'B'- 10.05-135
D. Constructability Review and QA/QC Review
1. Complete in-house constructabitity review and QA/QC review of the 90% complete construction
plans and contract documents. Incorporate appropriate suggestions into project design.
Task C - Trunk Sewer Additional Services
1. Waterway Crossings
A. Purdam Drain Crossings
It is not known if a crossing of the Purdam will be required. For the purpose of estimating fees,
this work will
1. Design and prepare details for the open trench crossing of the Five Mile Creek Crossing in
accordance with USCOE 404 permitting requirements. Note that the USCOE/IDWR 404
permitting work is provided under a separate Task D - Agency Coordination and Permitting.
2. Prepare details and technical specifications for work within the jurisdictional limits.
2. Geotechnical Investigation and Analysis
J -U -B will retain the services of a Idaho licensed geotechnical subconsultant to provide field
investigation and geotechnical engineering support services as described below. The focus of the
exploration will be to provide design data and information to Bidders on subsurface conditions near
the proposed 1-84 bored undercrossing. The cost listed in Exhibit A-1 is budgetary value. An
estimate from Strata, Inc. will be provided for review to the City.
Field Investigation:
a. Obtain all necessary permits for the drilling and test pits.
b. Complete four (4) borings on the Black Cat Trunk - Phase 3.
c. Complete sampling, logging, and classification of soils.
d. Set two (2) groundwater monitoring piezometer at locations yet to be determined.
e. Monitor monthly during key seasonal periods over the course of one (1) year.
f. Abandon piezometers per State of Idaho Rules and Regulations.
2. Analysis and Report
a. Review available geologic and geotechnical information in the area.
b. Develop recommendations for trunk sewer trenching, boring pit excavation, bedding,
trench foundation materials, filter fabric, dewatering, and compaction.
c. Prepare a draft summary report and submit three (3) copies to JUB and the City for review.
d. Incorporate the review comments and publish four (4) copies of the final report.
City of Meridian -Black Cal Trunk Sewer- Phase 3 Page - 4
J -U -B ENGINEERS, Inc. Attachment 'B'- 10.05-135
Task D - Agency Coordination and Permitting
1. Agency Coordination and Permitting
A. ITD and ACHD Coordination
Coordinate alignments with the ITD and ACHD to aid establishing corridors. This is anticipated to
include: 1) Arrange and meet with ITD representatives to reviewing available concept plans for I-
84\Ten Mile Interchange and corridors, timeline of construction, and design requirements for
boring: 2) Obtaining pertinent design requirements and material specifications for proposed
improvements; 3) Obtaining record drawings of improvements in the project vicinity;
5) Completing the necessary utility permit application with ITD for the bored undercrossing and
trenching within ITD rights -of -ways.
B. Drainage/Irrigation District Coordination and Permitting
1. Permitting with Nampa -Meridian Irrigation District will be required. J -U -B will meet with
irrigation company representatives in the field to review construction related issues and
determine design constraints.
2. For the purpose of estimating this Scope of Service, it is assumed that one license agreement
will be required for the trunk sewer'along the Purdam Drain. Prepare the necessary license
agreement applications, legal descriptions and exhibits.
C. USCOE 404 Coordination and Permitting
1. This task encompass the design and permitting of open trench/bored crossings of drains, and
irrigation laterals that may be under the jurisdiction of the U.S. Army Corps of
Engineers(USCOE) requiring 404 permitting. For the purpose of estimating fees in the Scope of
Services, preparation of (1) Nationwide 12, 404 permit is assumed to complete the crossings.
2. Complete a field visit and with representatives from the USCOE to review project scope and
waterways. The field meeting will determine if a joint 404 permitting is required. Coordinate
with the U.S. Army Corps of Engineers for crossing requirements and construction methods for
preparation of a Nationwide 12, 404 permit for utility crossing or stream alterations. A
wetland inventory study may be required at the crossings to define sensitive wetland areas and
restoration requirements and will require an addendum to this Scope of Services.
3. Supplemental topographic survey will be performed at the crossing site develop a
representative channel cross section.
4. A crossing plan, details, and specifications will be developed and 404 permit application
submitted to the Corps of Engineers.
5. A legal description, exhibit, and easement document will be prepared and submitted to the
Idaho Department of Lands(IDL) for processing (if required).
6. Final design and construction documents will include permit provisions and wetland mitigation
requirements.
D. IDEQ Submittal Packages
1. J -U -B shall coordinate, prepare, and submit final construction plans, specifications, and
checklists for approval to the Idaho Department of Environmental (IDEQ). For the purpose of
these Scope of Services, it is assumed that one (1) submittal package will be required.
2. Incorporate applicable IDEQ review comments into the construction plans and specifications.
Citycf Meridian —Black Cal Trunk Sewer —Phase 3 Page - 5
J -U -B ENGINEERS, Inc.
Attachment 'B'- 10-05-135
Task E - Easements and Private Development Coordination
1. Easement Acquisition
The easement acquisition policy developed in the Black Cat Project - Phase 1 and 2 will be
implemented with appropriate procedural and/or policy changes as directed by the City.
A. Easement Identification and Preliminary Exhibits
1. Reconfirm easements required from preliminary engineering task.
2. Prepare preliminary easement maps using available COMPASS aerial mapping, Ada County G.I.S.
base mapping, and preliminary alignments. These preliminary easement maps will be used for
initial property owner contact.
3. Research Ada County G.I.S. data base to determine parcel tax identification number, and
assessed value.
B. Title Reports, Appraisals, and Easement Legal Descriptions
1. Initiate title reports for properties along the alignment corridors and lift station sites. For the
purpose of estimating fees, (4) parcels are assumed to be researched, at a cost of $200 per
title report.
2. Employ a land appraiser, Idaho Land and Appraisal Company, or other appraiser acceptable to
the City to complete necessary appraisals of the easements. Appraisals will not be completed
until preliminary alignment has been completed and City approval has been granted. Copies of
the appraisals will be made for the City and subject landowners. For the purpose of estimating
fees, four(4) appraisals will be assumed.
3. Prepare legal descriptions and exhibit drawings necessary to secure easements. For the
purpose of estimating fees, preparation of four(4) legal descriptions are assumed.
C. Landowner Meetings and Negotiations
1. Initial Landowner Interviews: Meet with each affected property owner to review the
preliminary alignment maps, discuss easement acquisition process, confirm specific issues and
concerns, request access to survey. For the purpose of estimating fees, (4) landowners are
assumed. There will be two initial meetings with each landowner. Interview notes will be
prepared documenting each interview meeting.
2. Informational Summaries: Summary memorandums will be complied during the easement
acquisition process listing landowner concerns, issues, and other informational highlights. It is
assumed that over of the course of the project, two(2) summary memorandums will be
prepared.
3. Easement Negotiations: Negotiate easement provisions as outline in the easement acquisition
policy established for the Black Cat project and as amended by the City. For the purpose of
estimating fees, it is assumed that 4 landowners will be contacted, and each requiring two (2)
meetings.
4. Prepare easement documents and worksheets. Note that legal descriptions are provided under
Task E.1.B.
City ofMeridian —Black Cal Trunk Sewer—Phase 3 Page - 6
J -U -B ENGINEERS, Inc. Attachment 'B'- 10-05.135
2. Private Development Coordination
A. Coordination, Survey, and Design Modifications
1. Meet with private developers in the project, as specifically requested by the City, for the
purpose of coordinating trunk sewer designs with private development plans.
2. Complete additional survey work, only when specifically requested by City to incorporate
private development plans. This survey work shall be in addition to the work outlined in Task B
and may include additional topographic survey, horizontal, and vertical control.
3. Incorporate trunk design modifications, as specifically requested by the City to incorporate
private development.
Chy of Meridian —Black Cal Trunk Sewer— Phase 3 Page -7
J -U -B ENGINEERS, Inc.
CITY OF MERIDIAN
BLACK CAT TRUNK SEWER - PHASE 3
ATTACHMENT "C" - ITEMS PROVIDED BY THE CITY
Attachment V- 10-05-135
1. Provide on-going review of J -U -B's work and timely considerations of policy issues with in a
time acceptable to the City and J -U -B.
2. Provide all informational mailings, flyers, and public meeting notices as required for the
public informational work.
3. Provide and arrange all meeting facilities for public meetings.
4. Provide legal council as required for consultation and legal opinions of project issues on an
as needed basis.
5. Easements and Property Acquisitions:
a. Authorization to acquire and pay for all costs associated with the acquisition of
easements or real property.
b. Process payments on negotiated parcels.
c. City liaison person to assist with acquisition and resolution of disputes.
d. Boilerplate sale and purchase agreement, and other pertinent documents used for
acquisition.
e. Easement boilerplate
f. Review easement offer packages
6. Copies of development plans, concept plans, preliminary plats, etc. as available in the
project area.
7. Copies of existing license agreements in project area.
8. Pay for all permits, fees, or other payment required to secure permitting for the design
and construction of the proposed improvements.
9. Record drawings of City facilities and other relevant City information of record in project
area.
10. Provide a ITD and private development liaison/contact person.
11. Provide City personnel and equipment to field locate existing city facilities and other
utilities that may represent a conflict to the proposed improvements. This may entail
exploratory excavations to determine exact locations and depths of critical utilities prior
to design.
City of Meridian —Black Cat Trunk Sewer—Phase 3 Page - 1
J -U -B ENGINEERS, Inc.
CITY OF MERIDIAN
BLACK CAT TRUNK SEWER - PHASE 3
ATTACHMENT "D" - FEE SCHEDULE
Basis of Fee and Billing Schedule
Attachment 'D' -f0 -OS -135
The City shall pay J -U -B for its services and reimbursable expenses as follows.
A detailed
labor and equipment is presented in Exhibit "A-1
Task A - Project Administration
• Task A -Project Meetings
Time and material basis with an estimated budget of ......................................
$3,486
Task B - Preliminary and Final Design
• Task B - Trunk Sewer
Lumpsum price...................................................................................
$56,792
Task C - Trunk Sewer Additional Services
• Tasks C - Additional Services
Time and material basis with an estimated budget of ......................................
$13,728
Task D - Agency Coordination and Permitting
• Tasks D - Agency Coordination and Permitting
Time and material basis with an estimated budget of ......................................
$12,493
Task E - Easements and Private Development Coordination
• Task E.1 - Easement Acquisition
Time and material basis with an estimated budget of .....................................
$20,027
• Task E.2 - Private Development Coordination
Time and material basis with an estimated budget of ......................................
$3,941
City of Meridian —Black Cal Trunk Seaver— Phase 3 Page - I
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September 9, 2005
MERIDIAN CITY COUNCIL MEETING September 13, 2005
APPLICANT ITEM NO. 5-G
REQUEST Contract for the Meridian W WTP SCADA Phase 1 Programming with DC Engineering
Inc.
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
COMMENTS
See attached
Date: Phone: _
Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
DC Engineering, INC.
AGREEMENT FOR PROFESSIONAL SERVICES
Project No. Meridian WWTP SCADA Phase 1 Programming
THIS AGREEMENT between the City of Meridian , hereinafter referred to as the "CLIENT" and DC
Engineering, PC., an Idaho Corporation, hereinafter referred to as "DCE" is made and entered into this
day of September 8, 2005. The CLIENT and DCE in consideration of their mutual covenants herein
agree as set forth below.
The Client intends to provide scada interface as part of the Expansion project. This portion of the project
generally consists of SCADA programming for the first phase of the Merdian WWTP project. See
attached document for more complete outline of services, which hereinafter are to be referred to as the
PROJECT.
CLIENT INFORMATION AND RESPONSIBILITIES
The CLIENT will provide to DCE a full and complete description of the PROJECT including; all design
criteria, information as to CLIENT's requirements for the PROJECT, design objectives and constraints,
capacity and performance requirements, flexibility and expandability needs, any budgetary limitations,
and copies of all design and construction standards which CLIENT will require to be incorporated in the
Drawings and Specifications.
The CLIENT will obtain permission for DCE to enter upon public and private property as required for
DCE to perform services under this Agreement.
SERVICES TO BE PERFORMED BY DCE
DCE will provide the following generally described services under this Agreement: See attached.
BASIS OF FEE AND BILLING SCHEDULE
The Client will pay DCE for services provided under this Agreement as follows: See attached.
Notice to Proceed, either verbal or written, shall constitute acceptance of this Agreement by the
CLIENT. THE TERMS AND CONDITIONS ARE PART OF THIS AGREEMENT. THE CLIENT
AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have
executed this Agreement as of the day and year first above written.
WO 1 of 4 9/8/2005
CLIENT: City of Meridian
ADDRESS:
660 E Water Tower
Suite 200
Meridian, Idaho 83642
TITLE:
Tammy deWeerd
Mayor
DC Engineering, PC.
440 Meridian, ID Suite 103
Meridian, Idaho 83642
BY: David Cutbirth, PE
TITLE: President
WO 2 of 4 9/8/2005
DC Engineering, INC.
TERMS AND CONDITIONS
GENERAL - DCE shall provide for CLIENT professional engineering services for the Project described in this Agreement.
These services will be performed in accordance with generally accepted professional practices for the intended use of the
project. DCE makes no other warranty either expressed or implied.
DCE shall not be responsible for acts or omissions of any party involved in the Project other than their own. DCE shall not be
responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by
DCE.
DCE has not been retained to supervise, direct or have control over Contractor's work. DCE specifically does not have
authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by
Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to
comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their
work. Accordingly, DCE can neither guarantee the performance of the construction contracts by Contractor(s) nor assume
responsibility for Contractor(s) failure to furnish and perform their work in accordance with the Contract Documents.
Should the CLIENT request that DCE modify any PROJECT aspect to reduce construction costs, then those services shall be
considered additional and beyond the scope of this Agreement unless specifically stated otherwise in this Agreement.
REUSE OF DOCUMENTS - DCE shall retain an ownership interest of all professional products prepared by DCE. The
CLIENT agrees that no product will be reused without specific written permission of DCE. The CLIENT agrees to indemnify
and hold DCE harmless from any claims, damages, losses and expenses arising from unauthorized reuse of all work products
prepared by DCE for the PROJECT.
GOVERNING LAW - Unless otherwise provided in an addendum, the law of the State of Idaho will govern the validity of
this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this
Agreement.
SUCCESSORS AND ASSIGNS - CLIENT and DCE each is hereby bound and the partners, successors, executors,
administrators and legal representatives of CLIENT and DCE are likewise bound to the other party to this Agreement, in
respect of all covenants, agreements and obligations of this Agreement.
Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than
CLIENT and DCE, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit of CLIENT and DCE and not for the benefit of any other party.
TIMES OF PAYMENTS - DCE shall submit monthly statements for services rendered and for Reimbursable Expenses
incurred. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment due DCE for services and
expenses within thirty (30) days after receipt of DCE's statement therefor, the amounts due DCE will be increased at the rate
of 1.5% per month from said tenth day, and in addition, DCE may, after giving ten days' written notice to CLIENT, suspend
services under this Agreement until DCE has been paid in full all amounts due for services, expenses and charges.
TERMINATION - The obligation to provide further services under this Agreement may be terminated by either party upon
thirty days' written notice. Such termination shall be based upon substantial lack of performance by the other party under the
terms and conditions of this Agreement when said substantial lack of performance is through no fault of the terminating party.
If this Agreement is terminated by either party, DCE shall be paid for services rendered and for reimbursable expenses
incurred to the date of such termination.
HAZARDOUS WASTE AND ASBESTOS - The CLIENT and DCE agree that the work covered in this Agreement does not
anticipate either the presence or remediation of hazardous waste and/or asbestos. Hazardous materials may exist where there
is not reason to believe they should be present. DCE and the CLIENT agree that the discovery of unanticipated hazardous
materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. DCE and
the CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for DCE to take
immediate measures to protect human health and safety, and/or the environment. DCE agrees to notify the CLIENT as soon
as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The
WO 3 of 4 9/8/2005
CLIENT encourages DCE to take any and all measures that in DCE's professional opinion are justified to preserve and protect
the health and safety of DCE's personnel and the public, and/or the environment, and the CLIENT agrees to compensate DCE
for the additional cost of such work. In addition, the CLIENT waives any claim against DCE, and agrees to indemnify,
defend and hold DCE harmless from any claim or liability for injury or loss arising from DCE's encountering unanticipated
hazardous materials or suspected hazardous materials. The CLIENT also agrees to compensate DCE for any time spent and
expenses incurred by DCE in defense of any such claim, with such compensation to be based upon DCE's prevailing fee
schedule and expense reimbursement policy.
DISPUTE RESOLUTION - All claims, disputes or controversies arising out of, or in relation to the interpretation, application
or enforcement of this Agreement shall be decided through non-binding mediation or other mutually agreed alternative
dispute resolution technique. The CLIENT and DCE agree non-binding mediation or other mutually acceptable alternative
dispute resolution technique shall precede litigation or recourse to other judicial forums.
RECOVERY OF DISPUTE RESOLUTION COSTS - In the event that legal action is brought by either party against the
other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other
judgments or settlement sums, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's
fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevailing party
and those in his or her employ in researching the issues in questions, discussing matters with attorneys and others, preparing
for depositions, responding to interrogatories, and so on. The value of time spent and the expenses incurred shall, on DCE's
part, be computed based upon DCE's prevailing fee schedule and expense reimbursement policy relative to the recovery of
direct project costs.
EXTENT OF AGREEMENT - This Agreement represents the entire and integrated agreement between the CLIENT and
DCE and supersedes all prior negotiations, representations or agreements, written or oral. The Agreement may be amended
only by written instrument signed by both CLIENT and DCE. -
WO 4 of 4 9/8/2005
�C
ENO//VEER/NG
Memo
Date: 9/8/2005
Re: Existing SCADA Equipment
440 E. Corporate Dr. #103
Meridian, ID 83642
Phone: 208.288.2181
Fax: 208.288.2182
wa .drengineering.net
The City of Meridian Waste Water Treatment Facility (WWTF) presently uses several Allen-Bradley
PLC's and Wonderware for the Graphic User Interface (GUI) system. The system has been developed
and added to over the past few years using Flex 1/O to monitor and control various system functions.
We spoke to Custom Electric regarding existing equipment and stability of the system. The following
are the results and desired solutions of this investigation:
❑ License: The City of Meridian currently doesn't own a licensed version of RSLogix. The
specifications will be written so that the electrical contractor will provide a licensed copy to the
City upon project completion.
❑ Hardware: The question was asked about relocating an existing PC from the Centrifuge
Building, and using it for a new GUI at the Blower Building. The existing PC is a 386 incapable
of running the software without major upgrades. The time and costs associated with an
upgrade (which would also require loading and configuring the software) would not justify the
expense. It is recommended that a new flat screen be installed under the contract documents,
that would come preloaded with the software and easily interface with the PLC.
❑ System: The City has made an investment in using Allen-Bradley PLC's, Wonderware GUI,
and Allen-Bradley remote Flex 1/O for monitoring and operating systems. This seems to be a
practical approach; we see no reason to change at this time.
❑ Capacity: The PLC processors are using minimal capacity, since the majority of the current 1/O
is being used for monitoring functions. Flex 1/O will continue to be used at remote locations.
The cabinet for PLC -1 is full therefore a new expansion chassis will be added (with the new flat
screen) adjacent to the existing PLC in the blower building.
❑ Functionality: The plant personnel requested a new GUI in the blower building to allow easier
day to day operation of the plant. The best solution for this is the new flat screen mounted in
the blower building adjacent to the PLC.
❑ Redundancy: As a minimum a new processor should be purchased and shelved at the plant
for quick installation upon processor failure. Most of the other PLC components are over the
counter items and can be purchased at the time of failure. A copy of the latest software should
be kept updated at two locations. Typically one would be located for easy access at the plant;
the other should be in a secure location off site in case of a plant fire, theft or vandalism.
0 Page 1
mmc
ENG//VEER/NG
Memo
Date: 9/8/2005
Re: Programming and Construction Administration
440 E. Corporate Dr. #103
Meridian, ID 83642
Phone: 208.288.2181
Fax: 208.288.2182
w .dcengineenng.net
Todd Alder form Custom Electric has been the primary programmer at the Wastewater Treatment Plant
over the past several years. Custom Electric has been using their software License to accomplish this
task. DC Engineering has met with Todd on several occasions during the design phase and have come
to the conclusion that the construction will be such that we feel comfortable that Todd will be able to
handle the programming for this project. DC Engineering will interface with Todd providing support with
documentation and programming if necessary. The specific task listed below:.
❑ License: Interface with the contractor to insure that the license procurement is complete and
transferred to the City.
❑ Hardware: There may be some small hardware items such as communication canis,
interconnect cables, etc. that may need to be purchased during the programming stage of the
project.
❑ System: The programming will interface with several PLC's, the existing GUI and new flat
screen to be located in the blower building. The estimated tag count is shown on the attached
spreadsheet.
❑ Functionality: DC Engineering will provide support on site to assist Todd during startup and
commissioning. We will assist in verifying that the design and startup of the systems are
coordinated with the plant processes and generator loads.
❑ Schedule: DC Engineering will provide programming support in the event that the workload
becomes more than Todd can handle.
❑ Documentation: DC Engineers will work with Todd to develop procedures for storing software
and program upgrades. We will provide the City with an electronic and hard copy of all
documentation upon completion.
❑ Redundancy: There are two levels or redundancy to be addressed. DC Engineering will assist
in developing a list of spare parts, and document procedures to insure there is an adequate
level of redundancy to avoid timely outages upon processor or other process failure. DC
Engineering will provide a programmer to interact with Todd for the purpose of becoming
familiar with all aspects of the plant operation and program so that there is some back up in the
event that Todd might not be available to perform the tasks required to keep the plant
operational
0 Page 1
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September 9, 2005
MERIDIAN CITY COUNCIL MEETING September 13, 2005
APPLICANT ITEM NO. Jr -H
REQUEST Hosted Global Services Agreement with Active Network Incorporated for Software
Program for Parks and Recreation Department
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT: See attached
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
Date: Phone: _
Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
aCf%VeNETWORK
August 31, 2005
Mr. Ted Baird
Office of the CityAttomey
City of Meridian
33 East Idaho Avenue
Meridian, ID 83642
Dear Mr. Baird:
Active Community Solutions
937 Enterprise Drive I Sacramento, CA 1 95825
Tel 916.925.9096 1 Fax 916.925.0649
Enclosed are two (2) Hosted Global Services Agreements for review and signature bythe
City of Meridian, Idaho. Both original documents have been signed by The Active Network,
Inc. Once the City of Meridian has executed both documents, please return one of the
original documents to me for our files. You can send the document to:
Mr. Cyril Juanitas
Director, Business Development
Active Community Solutions
The Active Network, Inc.
937 Enterprise Drive
Sacramento, CA 95825
Thank you for all of your effort and consideration.
Sin
Cyr tas
www.activecommunities.com
aCtiWONETWORK
Hosted Global Services Agreement
This Hosted Global Services Agreement ("Agreement') is made effective as of August _, 2005 and entered into between The Active
Network; Inc., a Delaware corporation, ("Active" or'we" or "us") and City of Meridian ("you" or "your" or "Agency'). Active agrees to provide
you the Services (as defined below) subject to the following terms and conditions:
1. Services.
We will provide you with access to a fully -hosted version of Active's hosted product, "the Product'. through our website. To assist us in
the successful Implementation and promotion of the Services, you agree to provide us with certain information requested by us relating
to your organization. The Services and the functionalities and features of the Product and related consulting fees are more specifically
described In Exhibit 1 attached hereto and made a part hereof.
2. License to Intellectual Property/Promotion.
a) Active shall retain all right, title and interest in and to the Product and its software, trademarks, service marks, logo and trade
names worldwide ("Intellectual Property') subject to a limited license necessary to perform this Agreement. You shall use the
Intellectual Property only as provided, and shall not alter the Intellectual Property in any way, or act or permit action in any way
[hat would impair Active's rights in its Intellectual Property. You acknowledge that your use of the Intellectual Property shall not
create in you or any other person any right, title or interest in or to such Intellectual Properly. Any goodwill accruing from the use
of the Intellectual Property shall inure solely to the benefit of Active.
b) Active hereby grants to you a limited, non-exclusive, non -transferable license (f) to use the Product in accordance with Active's
specifications, and (ti) to display, reproduce, distribute and transmit in digital form Active's name and logo in connection with
promotion of the Services. You hereby grant to Active a limited non -transferable license to use, display, reproduce, distribute,
modify and transmit In digital or printed form information provided by you relating to your organization, including your
organization's name, trademarks, service marks and logo, In connection with the implementation and promotion of the Services
and the promotion of your organization. You will make reasonable efforts to promote and encourage adoption of the Services,
including displaying Active's name and logo in any newsletters, printed registralion forms or mailings provided by you to
prospective participants.
3. Information Securlly.
We will collect certain personal Identifying information from users of the Service. Such Information shall be stored on a secure remote
server. You may access this information at any time by downloading it from our servers using your private password and "login"
identifier. You will be responsible for protecting the privacy and security of any information that you retrieve from our servers and shall
Insure the prevention of unauthorized or Illegal use or dissemination of such information. All information collected by Active shall be
jointly owned by Active and you.
4. Privacv.
Each party shall comply with all applicable laws, regulations and guidelines governing online privacy in fulfilling its obligations
hereunder and in collecting and using personal Information about users of the Service. Active may use contact information provided by
users or by you to send information about our services or our partners to such users; provided, however, that users may opt out of any
such uses in accordance with our privacy policy. You agree to such uses and further agree that we may disclose information If we
believe, in good falth, that it is necessary in order to: (a) comply with the law, (b) enforce the terms and conditions of this Agreement, or
(c) protect the rights of you or us, to the extent that such disclosure is not otherwise prohibited by any law or regulation.
5. Fees.
Transactions entered directly by participants through the Website will be assessed the customary service fee charged by Active to
online registrants ("Service Charge'), as described below. Transactions entered by a member of the Agency on behalf of a participant
will be assessed a Service Charge equal to 1.5% for cash or check, and 3.75% for credit card transactions. Each online registrant will
pay the event registration fee charged by Agency plus a Service Charge equal to 6.5% of the registration fee plus $.50, with a minimum
Service Charge of $2.00. If the registration fee is between $150-$500, the Service Charge will be 3.5% plus $5.00, and for fees above
$500, the Service Charge will be 2.5% plus $10.00. We may change the Service Charge at any time and you agree to such change
unless you provide us with written objection to such change within 30 days from the date such change Is first implemented. We will be
responsible for collecting all registration fees charged by you and all Service Charges assessed by us. All registration fees, except
Service Charges, are your exclusive property. Any registration fees collected by us will be sent to you twice a month and Service
Charges shall be retained by us. You shall guarantee and pay to Active a minimum aggregate Service Charge, whether through offline
or online transactions, of $750 per calendar quarter (the "Minimum Quarterly Service Charge'). You shall pay to Active the difference
between such Minimum Quarterly Service Charge and the actual Service Charges collected by us during such quarter, which will be
billed at the end of each quarter beginning from the dale set forth below. Active shall not be responsible for processing or making any
refunds. All credit card refunds processed will be accessed a $.10 fee charged by Active to you. Active may reimburse itself for any
credit card charge backs and associated fees out of registration fees collected by It. In the event such funds are not available, you
agree to reimburse Active for any charge backs or refunds.
6. Consultino Fees.
Consulting Fees are more specifically described in Exhibit 1. All fees set forth in this Agreement and in Exhibit 1 will be due within 30
days of invoice date. Each Fee is due on or prior to the 15"' day of the first month of the billing period. Any Fees rendered later than
this deadline shall accrue interest at the annual rate of 10%. In the event of delay in paying a Fee, you shall reimburse Active for any
legal fees Incurred by Active in its collection efforts.
Page 1 of 3
7. Disclaimer of Warranty/Limitation of Liability.
Active expressly disclaims any warranty that the use of its Intellectual Property, the Product, or the Services will be uninterrupted or
error free or that the specifications will meet your requirements. The Intellectual Property, the Product, and Services are provided to
you on an "AS -IS" basis without warranties of any kind, either express or implied, Including without limitation warranties of
merchantability or fitness for a particular purpose. Active's total liability under this Agreement is limited to the amount of registration
fees retained and not distributed to you and Service Charges collected hereunder. Active shall not be liable for indirect, incidental,
consequential, or lost profit damages.
8. Term and Termination.
The term of this Agreement shall be for two (2) years from the date set forth below, with automatic renewals for one (1) year terms
thereafter until either party gives written notice to terminale this Agreement no less than ninety (90) days prior to the end of a term.
Either party may terminate this Agreement upon a material breach by the other party if such breach is not cured within thirty (30) days
following written notice to the breaching party. This Agreement is subject to the limitation in Article 8, section 3, of the Idaho Slate
Constitution.
9. Representations and Warranties.
Each party represents and warrants that it has the necessary and full right, power, authority and capability to enter into this agreement
and to perform its obligations hereunder; that It owns or controls the rights granted or licensed to the other party herein; that the
execution and performance of its obligations under this Agreement will not violate any known rights of any third party, any contractual
commitments or any applicable federal, slate and local law or regulation; and that to its knowledge the marks, logos and intellectual
property licensed to the other party herein do not violate the proprietary rights of a third party.
10. Exclusivity.
Active will be the sole and exclusive provider of the Services for your agency for the term of this Agreement.
11. Indemnification.
Each party shall indemnify and hold harmless the other party and its directors, officers, employees, affiliates and agents, against any
claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, to the extent that: (1) it is based upon the
indemnitors breach of a representation, warranty or obligation hereunder; (ii) it arises out of the indemnitor's gross negligence or willful
misconduct; or (iii) it is based upon the indemnitor's violation of any applicable federal, slate or local law or regulation.
12. Miscellaneous.
Any notices shall be In writing by fax or airmail. ither party may assign its rights or obligations arising out of this Agreement without
the other party's prior written consent, except 1 t Active may assign this Agreement in connection with any sale of all or substantially
all of Its assets or any other transaction in whl more than fifty percent of its voting securities are transferred. This Agreement shall be
governed by the laws of the State of This Agreement contains the entire understanding of the parties regarding the subject
mailer and can only be modified by a subsequent written agreement executed by both parties. Sections 7, 9, and 11 of this Agreement
shall survive any termination or expiration of this Agreement.
The Individuals signing below represent and warrant that they have the power and authority to bind the respective entitles that they
represent. ,uauuh r1" 6
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1/o
aCtiMONETWORK
Consulting Services
Rate per Hour
Number of Total Services
Hours Cost
A. Pre- Project Documentation
$125
B. Onsite less than 3 days (PLUS
AIRFARE
3.1. Standard Consultants
$155
B.ii. Senior Consultant / Project Planner
$220
B.iii. Technical Specialist
$250
C. On Silo days or Moro (PLUS
AIRFARE)
CJ. Standard Consultants
$125
C.li. Senior Consultant / Project Planner
$190
C.ill. Technical Specialist
$220
D. e -Consulting'- (REQUIRES INTERNETACCESS ON EACH
PC
DJ. Standard Consultants
$100
30 $3.000
D.11. Senior Consultant / Project Planner
$190
D.M. Technical Specialist
$220
E, Weekend Surcharge *.
E.i. Standard Consultants
$75
E.ii. Senior Consultant / Project Planner
$75
E.iii. Technical Specialist
$75
NOTE THAT RATES SHOWN INCLUDE ALL TRAVEL EXPENSES OTHER
THAN AIRFARE
Totals
$3,000
Page 3 of 3
September 9, 2005 Department Report
MERIDIAN CITY COUNCIL MEETING September 13, 2005
APPLICANT Planning Department - Steve Siddoway ITEM NO. 6-A-1
REQUEST Follow up discussion of Letter from Floyd Robinson
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT.
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
COMMENTS
See previous Item Packet
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
RIECRIVED
AUG 2 3 2005
Hello Meridian City Council, August 23, 2005 City Of Meridian
City Clerk Office
I would like to address the City Council on some on-going
problems and concerns.
My wife Janet and I moved to the smaller town of Meridian to get
away from the bigger city of Boise, in May, 1996. We moved into
Mallard Landing off Linder, a dead-end road that crosses Franklin Rd.
In order to get to it you have to cross a bridge. When we moved in, I
mentioned my concerns about having so many families (250), on a dead-
end street. The developer, Corey Barton, promised me that the problem
would be solved in less than 2 years and that there would be a street put
in at the end of Greenhead Ave.
In 1997, I came to a City Council meeting and asked you to
remedy the problem and that we now had 400 families living in the
Landing. I never received an answer.
In 1999,1 came to a City Council meeting to report that the
Landing had reached its full capacity with 500 families. We still did not
have any other way out of the Landing except Linder to Franklin.
Now, since Jabil and that proposed overpass went belly -up, we
need Linder to be extended over the freeway with an overpass, or a
street put through at Greenhead or cutting through to Waltman Lane.
Any one of these would relieve the stress and concerns of the people of
Mallard Landing.
Well, here I am again: 2005. I am still asking for our City Council
to do something for the people of Meridian. We now have 2 more
housing developments and a grade school since my last visit. We are
now larger than some small towns with a population in excess of
SEVEN HUNDRED (700) families and a grade school on a DEAD END
STREET.
Does a child have to die because the ambulance had to be routed
around from South Linder & Overland to Meridian Road to Franklin
Road to Linder Road and whatever street he lives on because you did
nothing?
Page 2
Meridian City Council
Does a house have to burn down in the Landing because the fire
engines were coming back from a fire on Amity and South Linder and
was forced to take a longer route?
How much longer do we have to wait? Don't you think 9 years is
long enough? What price do we have to pay to have another way out of
Mallard Landing?
If 2 school busses were to collide on the small Linder bridge, there
would be no way to get any vehicles in or out of this small "town". By
law no one can move the busses until after a thorough investigation has
been completed. This could take hours.
I am not the only one in Mallard Landing who feels this way. We
are voters, too. Can you visualize our situation?
Respectfully submitted,
-VXL-4:2::)
Floyd and Janet Robinson
Hello Meridian City Council,
RECEIVE®
AUG 16 2005
City of Meridian
City Clerk Office
I would like to address the city council to some on-
going problems and concerns.
My wife Janet and I moved to the small town of
Meridian, to get away from the bigger city of Boise, in May
of 1996. We moved into Mallard Landing near the corner
of Franklin and a dead-end street, Linder Rd. In order to
get to it you have to cross a bridge. When we moved in I
mentioned my concerns about having so many families,
(250), on a dead-end street. The developer, Cory Barton,
promised me that the problem would be solved in less
than 2 years and that there would be a street put in at the
end of Greenhead Ave.
In 1997, I came to a City Council meeting and asked
you to remedy the problem and that we now had 400
families living in The Landing. I never received an answer.
In 1999, I came to a City Council meeting to report
that The Landing had reached its full capacity with 500
families. We still did not have any other way out of The
Landing except Linder to Franklin.
Now, since Jabil and that proposed overpass went
belly up, we need Linder to be extended over the freeway
with an over pass, or a street put through at Greenhead, or
cutting through to Waltman Lane.
Will here I am again: 2005. I am still asking for our
City Council to do something for the people of Meridian.
We now have 2 more housing developments with well over
SEVEN HUNDRED (700) families and a Grade School on a
DEAD END STREET.
Does a child have to die because the ambulance had
to route around from South Linder and Overland to
Meridian Rd to Franklin Rd. to Linder to what ever street
he lives on because you did nothing?
Does a house have to burn down in The Landing
because the fire engines were coming back from a fire on
Amity and S Linder and had to take the longer route?
How much longer do we have to wait? Don't you
think that nine years is long enough? What price do we
have to pay to have another alternative way out of The
Landing?
If two school busses were to collide on the Linder
Bridge, there would be no way to get any vehicles out of
the Landing and passed them. By law no one can move
the busses until after a thorough investigation has been
completed.
I know that you don't know me because I do not
come here very often. Well, I think I can remedy that
problem myself. I will be here every Tuesday night asking
for your help until you either throw me out, or you do
something besides pass the buck.
I am not the only one who feels this way. We ARE
voters! Does any of this make sense to you, our Meridian
City Council??!!
Respectfully submitted,
Floyd Robinson
828 S. Redhead Ave
Meridian, ID 83642-7706
X70 - -/�� 7 �����
CITY HALL 33 EAST IDAHO AvRNDE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK —FAX 888-4218 CITY ATTORNEY/ FIR —FAX 884-8723 FINANCE & UTILITY BILLING —FAX 8874813 MAYOR'S OFFICE —FAX 884-8119
PainfM nn.o I. d-.
'a
CITY OF
FACSIMILE COVER SHEET
IDALIO
A
�R'3`TRFASURE
VTUEY BINGE
MAYOR
1903
TO FAX NUMBER: DATE:'
Tammy de Weerd
DELIVER TO:
CITY COUNCIL MEMBERS
Keith Bird
TITLE/DEPARTMENT./�-C/v
Christine Donnell
Charles M. Rountree
ADDRESS:
Shaun Wardle
CONFLDOWTAL YES.' NO:
CITY DEPARTMENTS
Fire
TOTAL NUMBER 0FPAi9E5 (INCLUDING COVER SHEET).'
540 E. Franklin Road
888-1234 / fax 895-0390
Parks & Recreation
11 W. Bower Street
FROM., CITY OF MERIDIAN -CITY CLERK'S OFFICE
888-3579 / fax 898-5501
208-888-4433 FAX208-888-4218
Planning
660 E. Watertower Lane
NAME.' WILL BERG ,,,,� TME: CITYCLERK
Suite 202
884-5533 / fax 888-6844
COMMENTS..
Police
1401 E. Watertower Lane
888-6678 / 846-7366
Public Works
660 E. Watertower Lane
�� 0Y 6v o'ln,esL bke/ ti r2 F,l.s r�. LC.
Suite 200
�/l rtir•'�w
898-5500 / fax 898-9551
- Building
660 E. Watertower Lane
Suite 150
887-2211 / fax 887-1297
- Wastewater
3401 N. Ten Mile Road
888-2191 /fax 884-0744
- Water
2235 N.W. 8th Street
888-5242 / fax 884-1159
PLEASE CALL 208-888-4433 IF YOU DO NOT RECEIVE ALL FAX
TRANSACTZONS SUCCESSFULLY. THANK YOU.
CITY HALL 33 EAST IDAHO AvRNDE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK —FAX 888-4218 CITY ATTORNEY/ FIR —FAX 884-8723 FINANCE & UTILITY BILLING —FAX 8874813 MAYOR'S OFFICE —FAX 884-8119
PainfM nn.o I. d-.
September 9, 2005 Department Report
MERIDIAN CITY COUNCIL MEETING September 13, 2005
APPLICANT Parks & Recreation Dept. -- Elroy Huff ITEM NO. G -B -II
REQUEST Award of Bid for Autumn Faire Neighborhood Park Development to Hillside Landscape
Construction
AGENCY COMMENTS
CITY CLERK: See previous Item Packet
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTH ER:
Contacted:
Emailed:
Date:
Phone:
Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
Memo
To: Will Berg
CC: Mayor and City Council
From: Doug Strong y>�
Date: August 18, 2005
Re: Autumn Faire Neighborhood Park
RECEIVED
AUG 18 2085
City Of Meridian
City Clerk Office
The Parks and Recreation Department respectfully requests the following item to be placed
on the August 23, 2005 City Council agenda, under Department Reports by Elroy Huff, for
council's consideration:
Autumn Faire Neighborhood Park Development: Two bids were received for this project as
summarized below.
• Hillside Landscape Construction (includes add alternates) ........................ $234,341.00
• Sterling Landscaping (includes add alternates) .......................................... $277,030.00
The project cost listed above consists of earthwork, asphalt parking lot, sidewalks, 8' asphalt
pathway, utilities, play area curbing, security lights, trees, basketball court, turf, landscape and
irrigation. The add alternates included in the total cost consists of the asphalt path, backstops,
basketball courts, trees, and security lights which can be deducted from the above listed
totals. Due to the increase of construction costs the bids came in higher than expected. The
total budget remaining in the Autumn Faire Neighborhood Park account is $172,451.00. Park
staff is asking council to approve an additional $63,000.00 from impact fees to complete the
green -up of the park.
Recommended Council Action: The Parks and Recreation Department recommends that
City Council approve the contract for Autumn Faire Neighborhood Park with Hillside
Landscape Construction, for $234,341.00 and approve the additional impact fee funds to be
transferred into the Autumn Faire Neighborhood Park account and authorize the Mayor to
sign it. Supporting documentation attached.
Meridian
Parks
&
Recreation
Memo
To: Will Berg
CC: Mayor and City Council
From: Doug Strong y>�
Date: August 18, 2005
Re: Autumn Faire Neighborhood Park
RECEIVED
AUG 18 2085
City Of Meridian
City Clerk Office
The Parks and Recreation Department respectfully requests the following item to be placed
on the August 23, 2005 City Council agenda, under Department Reports by Elroy Huff, for
council's consideration:
Autumn Faire Neighborhood Park Development: Two bids were received for this project as
summarized below.
• Hillside Landscape Construction (includes add alternates) ........................ $234,341.00
• Sterling Landscaping (includes add alternates) .......................................... $277,030.00
The project cost listed above consists of earthwork, asphalt parking lot, sidewalks, 8' asphalt
pathway, utilities, play area curbing, security lights, trees, basketball court, turf, landscape and
irrigation. The add alternates included in the total cost consists of the asphalt path, backstops,
basketball courts, trees, and security lights which can be deducted from the above listed
totals. Due to the increase of construction costs the bids came in higher than expected. The
total budget remaining in the Autumn Faire Neighborhood Park account is $172,451.00. Park
staff is asking council to approve an additional $63,000.00 from impact fees to complete the
green -up of the park.
Recommended Council Action: The Parks and Recreation Department recommends that
City Council approve the contract for Autumn Faire Neighborhood Park with Hillside
Landscape Construction, for $234,341.00 and approve the additional impact fee funds to be
transferred into the Autumn Faire Neighborhood Park account and authorize the Mayor to
sign it. Supporting documentation attached.
OPINION OF PROBABLE COSTS
Autumn Faire Park 8/05
JEN' SENBELTS
ASSOCIATES
ITEM
QTY/UNIT
PRICE
SUBTOTAL
CONTRACTITEMS
Grading
1,700 CY
$ 6.00
$ 10,200
Drainage
LS
5,520
I" Water Service
LS
5,908.00
5,908
Irrigation Connect
LS
3,500.00
3,500
Sanitary Sewer
210 LF
10.00
2,100
Electric Distrib.
LS
11,250.00
11,250
"Security Lights
2 EA
2,500.00
5,000
Irrigation Hookup (Pressure)
LS
1,408.00
1,408
Curb & Wheel Stops
LS
2,150.00
2,150
Asphalt Parking
4,539 SF
2.00
9,078
Paint Stripping
LS
700
**8' Asphalt Path
640 LF
20.00
12,800
Concrete Flatwork
6,830 SF
3.00
20,490
Play Area Curb
142 LF
14.00
1,988
**Cone. B -Ball
5,040 SF
2.50
12,600
**Court Striping
LS
820
**B -Ball Goals
2 EA
1,800.00
3,600
"Backstops
2 EA
3,000.00
6,000
Irrigated Turf
274,430
.50
137,215
**Shade Trees
36 EA
260.00
9,360
**Confer Trees
11 EA
200.00
2,200
**Ornamental Trees
5 EA
240.00
1,200
2 Gal. Shrubs
19 EA
20.00
380
5 Gal. Shrubs
6 EA
30.00
180
Contractor MOB
LS
3,000
SUBTOTAL
$268,647
Contingency .05
13,353
BASE CONSTRUCTION................................................................................................... $282,000
495 Main Street (Belgravia), Boise, Idaho 83702 Ph. (208) 343-7175 Fax (208) 343-7178 email jba@jensenbelts.com
Autumn Faire Costing
8/05, Pg. 2
DEDUCT ALTERNATES
.................................................................................$43,850
1. Asphalt Path Surfacing
640 LF $16.00
$10,240
2. Backstops
2 EA 3,000.00
6,000
3. Basketball Courts
LS
14,500
4. Trees
29 EA
6,020
5. Security Light P-1
6 EA
2,500
6. Security Light P-2
12" Play Mix
2,500
SUBTOTAL
$41,760
Contingency .05
LS
2,090
]ITEMS NOT IN CONTRACT
Restroom
LS
Shelter
LS
Concrete Flatwork
1,470 SF
Drink Fountains
2 EA
Benches
4 EA
Bike Racks
3 EA
Picnic Tables
6 EA
PlayEquipment
LS
12" Play Mix
122 CY
495 Main Street (Belgravia), Boise, Idaho 83702 Ph. (208) 343-7175 Fax (208) 343-7178 email jba@jensenbelts.com
INVITATION TO BID
The City of Meridian, Idaho invites you to submit a formal sealed bid for the construction of
Autumn Faire Neighborhood Park — Phase One Construction. The bids will be
received at the Office of the City Clerk of the City of Meridian, 33 East Idaho Avenue,
Meridian, Idaho 83642, until 2:00 pm prevailing local time, on Wednesday, August 17,
2005. The bids will be opened and publicly read at that time.
The project includes construction of parking lot and sidewalks, utilities, play area, security
lights, trees, basketball court, and turf. A Public Works Contractor's License for the State
of Idaho is required to bid on this work.
A Pre -Bid Meeting will take place at Meridian Parks and Recreation Department, 11
W. Bower St., Meridian, Idaho, 83642 on Tuesday, August 9, 2005 at 2:00 pm (208-
888-3579).
Bids will be prepared on forms supplied by the City of Meridian. Bid packets are available
at the office of Jensen Belts Associates, 495 Main Street, Boise, Idaho, 83702 (208-343-
7175). A deposit of $50.00 per set is required which is refundable upon return of the
documents in good condition.
Each bid shall be accompanied by a certified check, cashiers check, or bid bond in the sum
of five percent of the total bid and made payable to the City of Meridian.
Dated this 22nd day of July, 2005
Tammy de Weerd, Mayor — City of Meridian
Publishing Dates: July 25 and August 8, 2005
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INVPI'ATION TO BID
The City of Meridian, Idaho invites you to submit a formal sealed bid for the construction of
Autumn Faire Neighborhood Park — Phase One Construction. The bids will be
received at the Office of the City Clerk of the City of Meridian, 33 East Idaho Avenue,
Meridian, Idaho 83642, until 2:00 pm prevailing local time, on Wednesday, August 17,
2005. The bids will be opened and publicly read at that time.
The project includes construction of parking lot and sidewalks, utilities, play area, security
lights, trees, basketball court, and turf. A Public Works Contractor's License for the State
of Idaho is required to bid on this work.
A Pre -Bid Meeting will take place at Meridian Parks and Recreation Department, 11
W. Bower St., Meridian, Idaho, 83642 on Tuesday, August 9, 2005 at 2:00 pm (208-
888-3579).
Bids will be prepared on forms supplied by the City of Meridian. Bid packets are available
at the office of Jensen Belts Associates, 495 Main Street, Boise, Idaho, 83702 (208-343-
7175). A deposit of $50.00 per set is required which is refundable upon return of the
documents in good condition.
Each bid shall be accompanied by a certified check, cashiers check, or bid bond in the sum
of five percent of the total bid and made payable to the City of Meridian.
Dated this 22nd day of July, 2005
Tammy de Weerd, Mayor— City of Meridian
Publishing Dates: July 25 and August 8, 2005
September 9, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT Mayors Office
Department Report
September 13, 2005
ITEM NO. 6-C-1
REQUEST Reappointment of Clarence Jones and Keith Bird to the MDC Board
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
COMMENTS
Date: Phone: _
Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
September 9, 2005 Department Report
MERIDIAN CITY COUNCIL MEETING September 13, 2005
APPLICANT Mayors Office ITEM NO. 6-C-2
REQUEST Appointments to Economic Development Corporation
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
COMMENTS
See attached
Date: Phone: _
Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
(" Page 1 of 2
CHAPTER 13
ECONOMIC DEVELOPMENT CORPORATION
1-13-1: CREATION; PURPOSE:
A. Purpose: The City of Meridian, Ada County, Idaho (the "City") does hereby create a
public corporation to carry out the purposes of the Act 7 . This Chapter shall not be
construed to limit or restrict the purposes of the Act, but shall be liberally construed to
effect such purpose.
B. Public Corporation: The name of the public corporation shall be the Economic
Development Corporation of the City (the "Corporation"). (Ord. 421, 3-3-1983)
1-13-2: POWERS AND DUTIES:
A. Compliance With Act: The Corporation shall have all the powers and be subject to all the
limitations and provisions contained in the Act.
B. Compliance With Charter: The Corporation shall have all the powers granted by the Act.
Such powers shall include, without limitation, all powers set forth in the charter, a copy
of which is on file in the office of the City Clerk and adopted herein by reference. (Ord.
421, 3-3-1983)
1-13-3: CHARTER:
A charter (the "charter") is hereby issued by the City to the Corporation. The charter grants
to the Corporation all powers authorized by the Act. A copy of the charter is on file in the
office of the City Clerk and hereby incorporated by reference. The charter is hereby
approved pursuant to section 50-2703(1) of the Act. The charter may be amended from
time to time by the City Council. The existence of the Corporation commences at the time
the enactment of this Chapter becomes effective. (Ord. 421, 3-3-1983)
1-13-4: BOARD OF DIRECTORS:
The Board of Directors of the Corporation (the "Board") shall be comprised of the Mayor
and the President of the City Council, who shall hold office as Board members by virtue of
their election and qualification as Mayor and as President of the City Council, and three (3)
additional Board members who shall be duly appointed, as authorized in the charter, by the
full City Council, subject to the provisions of section 50-2704 of the Act. In the event that a
majority of the City Council shall at any time determine that any member of the Board shall,
for any reason, be unwilling or unable to serve as a director of the Board, the City Council
shall by resolution or ordinance, designate another individual to serve as a director of the
Board in place of such member for a term coterminous with the duration of such member's
term in office (provided that a majority of the full Board shall be residents of the City). A
majority of the members of the Board in office shall constitute a quorum, and the approval
of a majority of a quorum shall be necessary for the Board to take any action. (Ord. 421, 3-
3-1983)
1-13-5: NOT A PRIVATE CORPORATION:
+lP•iir•�nnriir�F�i uFun�a��� raFu\f nref e, ITP,,, W)S?al7RffnAxI I.+ , 0i0i1)nn1Z
Page 2 of 2
There shall be no stockholders, nor shall there be any shares of stock authorized or issued,
in that the corporation is not a private corporation, but one solely authorized by Idaho Code
title 50, chapter 27. The term "stock" is in no way to be confused with the term "bond", as
the corporation is specifically authorized to issue bonds. (Ord. 421, 3-3-1983)
1-13-6: CONDUCT OF CORPORATE AFFAIRS:
A. Organization Of Board: The affairs of the Corporation shall be conducted and carried out
by the Board. The Board shall elect officers from among its own members. Such officers
shall be elected at the initial meeting of the Board in every calendar year, shall serve
until their successors have been duly elected, and shall include a president and a
secretary and may include a vice president and an assistant secretary (provided that in
the event the Board shall be comprised of only 3 members, the offices of vice president
and assistant secretary may be simultaneously held by the same person; and provided
further that, in the event the offices of the vice president and assistant secretary shall be
simultaneously held by the same person, such person shall not both execute and attest
any resolution, document, certificate, deed, mortgage or deed of trust, note, bond,
contract or other document or instrument). The Board may elect such other officers as it
shall, from time to time, determine to be necessary or desirable. The Board shall adopt
bylaws and/or rules consistent with the Act and regulations governing the election of
officers, the power and duties of such officers, the filling of vacancies in offices, the
scheduling, giving notice of, and conduct of meetings, and the conduct of the
Corporation. Such bylaws, rules and regulations may be amended from time to time by
the Board, provided that any such amendments shall be consistent with the provisions
hereof and the Act.
B. Compensation: Members of the Board shall serve without compensation, but with
reimbursement of expenses as may be provided in the bylaws, rules and regulations of
the Board. (Ord. 421, 3-3-1983)
1-13-7: CONFLICT OF INTEREST:
No director, officer, agent, employee or official of the Corporation shall have a direct or
indirect financial interest in any property to be included in or any contract for property,
service or materials to be furnished or used in connection with any industrial development
facility financed through the Corporation. (Ord. 421, 3-3-1983)
1-13-8: MONIES, DISTRIBUTION AND EARNINGS:
A. Giving Or Lending Money: The City may not give or lend any money or property in aid of
the Corporation, except as expressly authorized by the Act. This provision shall not
preclude the City from dealing with the Corporation on an arms -length basis.
B. Net Earnings: Any net earnings of the Corporation beyond those necessary for
retirement of indebtedness incurred by it shall inure to the City and not for the benefit of
any other person. Alteration of the charter of or dissolution of or audits of the
Corporation shall be provided by the Act and by subsequent ordinances of the City.
Upon dissolution of the Corporation, title to all property owned by the Corporation shall
vest in the City. (Ord. 421, 3-3-1983)
file://C:\DOCUME—l\BERGW-2.MER\LOCALS—l\Temro\084GFU4W.htm 9/9/2005
September 9, 2005
MERIDIAN CITY COUNCIL MEETING September 13, 2005
APPLICANT ITEM NO. 8
REQUEST Request for Waiver of Fees for Fence Variance for Don Hobbs in Silverleaf Subdivision
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
Date: Phone: _
Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
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12-4-10
12-4-10
12-4-10: FENCES: Fences are permitted accessory uses in all districts
and shall be regulated by the City Building Inspector. The
following regulations shall govern the type, location, and construction of all
fences. When a fence is erected not in conjunction with a building permit for
a principal use or building, a separate permit is required.
A. Electric Fences: Electric fences shall be prohibited within the
corporate limits.of the City.
B. Barbed Wire Fences: Barbed wire may be permitted in commercial
and industrial districts only when used as the top section for security
fences and shall be a minimum of seventy two inches (72") above
grade to the bottom wire.
C. Open -Vision Fences: Open -vision fences may be built to the property
line in commercial and industrial districts
D. Walls, Latticework And Screens: For the purposes of this Section,
walls, latticework, and screens shall be considered to be fences and
shall be built and maintained in compliance with the provisions
hereof.
E. Unsightly Materials: The use of boxes, sheet metal, old or decayed
wood,: broken masonry blocks, or other like unsightly materials for
fencing shall be prohibited. (Ord. 430, 4-2-1984)
F. Residential And Limited Office Districts: Fences may be erected in
all residential and limited office districts subject to the following:
1. Height Limitations:
a. Solid or closed -vision fences to a height of thirty six inches
(36"), or open -vision type fences to a height of forty eight inches
(48") may be built from the. front of the dwelling unit -to and including
the front property line. Fences to a height of seventy two inches
(72") may be built from the front of the dwelling unit to and including
the rear property line;
b. Any open -vision fence, wall, or planting on or within the
clear -vision triangle shall be limited to thirty six inches (36") in height
measured from the crown of the street; and
c. Solid or closed nonvision fences to a height of thirty six
inches (36") or open -vision type fences to a height of forty eight
inches (48") may be built along the front property line and along the
City of Meridian
C
12-4-10
12-4-10
side property line to the front of the dwelling unit,+except that a fence
of seventy two inches (72") in height may be built upon street and
side property Ines from the front of the dwelling to the rear
line, provided that no closed nonvision fence which exceeds thirty six
inches (36") in height may be erected in the clear -vision triangle.
2. Construction On Berm: Any developer intending to construct a
fence on top of a berm shall show the berm and the fence on the
preliminary plat and shall include with the preliminary plat the
design, placement, heights, specifications, and drawing of said
fence.
3. Construction On Subdivision Boundary: Any developer intending
to construct a boundary fence on the boundaries of a proposed
subdivision shall show the fence on the preliminary plat and shall
Include with the preliminary plat the design, placement,-- height,
specifications and drawing of said fence. (Ord. 557, 10-1-1991)
G. Permission; Conditions And Restrictions: The policy for the
permission to and the conditions and restrictions imposed by the
permission to construct and erect fences within public right of way is
hereby established as follows:
1. Sidewalk Or Walkway: Where a sidewalk five (5) or more feet
wide exists, an applicant may construct a fence immediately adjacent
to the sidewalk on the dwelling side. When a sidewalk does not
exist, the applicant must provide a reasonably level walkway not less
than five feet six inches (5'6") wide if adjacent to a collector or
arterial street, or four feet six inches (4'6") wide if adjacent to a local
street, measured from the back of the curb or curb line.
2. Approval Of Design: The design of the fence shall receive prior
approval by the City Building Inspector and must be built in
compliance with such prior approval and in accordance with plans
and specifications submitted.
3. Height: Fences shall not exceed four feet (4') in height in the front
setback area or six feet (6) in height elsewhere on property to be
fenced and shall otherwise comply with this Title.
City of Meridian
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SEP 9 3 2005
QITY OF MERUAN
bT'" CLERK nF-r ,
Land Pro Development, Inc.
September 12, 2005
Mr. & Mrs. Donald Hobbs
2683 W. Cbinden Blvd
Meridian, ID 83642
RE: Fence Issue
Dear Donald:
I am writing this letter to you in hopes that it will help with your endeavor to get your fence approved by
the City of Meridian.
As the owner of the property surrounding your home in Silverleaf #2 we do not object to your wish to
have a 6' fence in your back yard that abuts W. Tango Creek Dr. We understand that when you sold your
property to Liberty Development your desire was to install a 6' fence that is why Liberty Development's
hope is that the City of Meridian will grant you a permit to build your fence along W. Tango Creek Dr.
If there is anything further I can do to help you get your fence approved please do not hesitate to call.
espectfully,
evin Amar, President
Land Pro Development, Inc,
Project Manager for
Liberty Development, Inc.
36 E. Pine Ave * Meridian, ID 83642 * Phone (208) 895-8858 * Fax (208) 895-0714
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION FOR R2
DEVELOPMENT, INC FOR
MISCELALNEOUS APPLICATION
APPROVAL TO REMOVE THE
PRELIMINARY PLAT, FINAL
PLAT, AND DEVELOPMENT
AGREEMENT REQUIREMENT
FOR A 20 FOOT LANDSCAPE
BUFFER ON THE SOUTHERN
BOUNDARY OF THE PROPERTY
LOCATED AT THE WEST END OF
EAST LANARK STREET
5M
CIC September 13, 2005
CASE NO. MI -05-009
ORDER OF CONDITIONAL
APPROVAL OF MISCELLANEOUS
APPLICATION
This matter coming before the City Council for Miscellaneous Application approval
pursuant to Meridian City Code § 12-3-1. B for approval to remove the Preliminary Plat, Final Plat,
and Development Agreement requirement for a 20 foot landscape buffer on the southernboundary of
the property R2 Development, Inc., and the Council finding that the Administrative Review is
complete from Craig Hood, Associate City Planner, for the Planning and Zoning Department, dated:
Hearing Date: September 13, 2005 to the Mayor and Council, the council takes the following action:
IT IS HEREBY ORDERED THAT:
The subject application by R2 Development, Inc., is approved subject to
those conditions of Staff comments as set forth in the memorandum to the
ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR APPROVAL TO REMOVE THE
PRELIMINARY PLAT, FINAL PLAT, AND DEVELOPMENT AGREEMENT REQUIREMENT FOR A 20 FOOT
LANDSCAPE BUFFER ON THE SOUTHERN BOUNDARY OF THE PROPERTY FOR R2 DEVELOPMENT, INC. (MI -05-
009)
Page 1 of 3
Mayor and City Council, from Craig Hood, Associate City Planner, for the
Planning and Zoning Department, dated: Hearing Date: September 13, 2005,
a true and correct of which is attached hereto marked Exhibit "A", and
consisting of 4, and by this reference incorporated herein, and the response
letter from Ada County Highway District, a true and correct copy of which is
attached hereto marked Exhibit "B" and consisting of I page, and by this
reference incorporated herein, and the additional requirements of the Council
taken at their September 13, 2005 meeting as follows, to -wit:
1.1 Adopt the action of the Council taken at their
September 13, 2005 meeting:
Staff is to follow through with amendment to the
development agreement and such changes that are
needed on the Final Plat to approve the request to
eliminate the 20 foot landscape buffer on the southern
edge of the subdivision.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the City
Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A
request for a regulatory takings analysis will toll the time period within which a Petition for Judicial
Review maybe filed.
ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR APPROVAL TO REMOVE THE
PRELIMINARY PLAT, FINAL PLAT, AND DEVELOPMENT AGREEMENT REQUIREMENT FOR A 20 FOOT
LANDSCAPE BUFFER ON THE SOUTHERN BOUNDARY OF THE PROPERTY FOR R2 DEVELOPMENT, INC. (MI -05-
009)
Page 2 of 3
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest
in real property which may be adversely affected by this decision may, within twenty-eight (28) days
after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
By action of the City Council at its regular meeting held on the 3 day
of Er&n-1 hey 12005.
By:
` //' ayor, Cit f Meridian
Attest: C3' _i.,�Pogq�
SICAL
9
William G. Berg, Jr., y C -,rk
%,90 �T IST •, y��
Copy served upon Applicant, the Platai}} *ia epartment, Public Works Department, and
City Attorney. 1j.2
By: Shall 3%S i� J
Dated:
City Clerk's Office
ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR APPROVAL TO REMOVE THE
PRELIMINARY PLAT, FINAL PLAT, AND DEVELOPMENT AGREEMENT REQUIREMENT FOR A 20 FOOT
LANDSCAPE BUFFER ON THE SOUTHERN BOUNDARY OF THE PROPERTY FOR R2 DEVELOPMENT, INC. (MI -05-
009)
Page 3 of 3
CITY OF^'
N IDAHO
MEMORANDUM: City Council Hearing Date: September 13, 2005
Transmittal Date: September 7, 2005
To: Mayor and City Council
From: Craig Hood, Associate City Planner
Subject: Olson & Bush Subdivision No. 2 — Request to Remove Landscape Condition
Request for Miscellaneous Application Approval to Remove a Condition of the
Preliminary Plat, Final Plat and Development Agreement for Olson and Bush
Subdivision No. 2, by R2 Development, Inc. (File No. MI -05-009)
APPLICATION SUMMARY & LOCATION
The applicant, R2 Development, hic, has submitted a Miscellaneous Application (MI) to
remove a condition to construct a 20 -foot wide landscape buffer along the southern boundary of
Olson and Bush Subdivision No. 2. The landscape buffer requirement is included within the
recorded Development Agreement (Instrument #104056166), Preliminary Plat and Final Plat
Findings (FP -00-011) for the property commonly known as Olson and Bush Subdivision No. 2
(recorded in 2004). The party that signed the existing DA is the subject applicant, R2
Development, Inc. (Ronald Van Auker). Due to a change in a number of circumstances
including Comprehensive Plan Map designations and land use changes in this area, the applicant
believes that the 20 -foot wide landscape buffer is no longer necessary (see Applicant's Letter).
The Findings of Fact and Conclusions of Law for the annexation of the subject property are very
specific and include a requirement for "a landscaped setback area all along the property's
southern border with tree plantings that will grow to a height in excess of 20 feet and not more
than 40 feet, and which shall be not more than 25 feet apart at the time of planting, shall be six
feet in height when planted..." This annexation finding was carried over into the final plat
conditions as well (Site Specific Condition #5). The Development Agreement (DA) conditions
simply require the applicant to comply with all of the conditions stated within the Annexation
and Zoning Findings of Fact and Conclusions of Law, which are an exhibit to the DA.
MI -05-009 Exhibit "A" Page I
Since preliminary plat approval, R2 Development has purchased the seven acres directly south
of the development. The neighboring property owners were instrumental in getting the City
Council to require a landscape buffer along the southern boundary. However, after the
annexation and plat approval of Olson and Bush Subdivision No. 2, the properties south of this
site were designated for "Commercial" use with the adoption of the current Comprehensive
Plan. Some of the single-family homes on Franklin Road near this property now designated for
commercial use on the Future Land Use Map have recently been converted to office and small
scale retail businesses. When the preliminary plat was approved the required landscape buffer
made sense, but with the change in the Comprehensive Plan for the properties to the south, and
those residences transitioning to commercial uses, and R2's acquisition of the seven acres
directly to the south, the applicant believes that the buffer along the southern boundary should
no longer be required by the City.
The subject property is located south of Franklin Road, on the north and south sides of East
Lanark Street, approximately 900 feet west of Eagle Road, in Section 11, Township 3 North,
Rangel West.
Staff recommends approval of the applicant's request to remove the requirement for a 20 -foot
wide landscape buffer alone the southern boundary of the development commonly known as
Olson and Bush Subdivision No. 2.
OWNER OF RECORD
The owner of record for the subject property is R2 Development, Inc.
STAFF ANALYSIS
As noted in the application summary above, the applicant states several reasons why the
landscape buffer should not be required along the southern boundary of the subdivision. Listed
below are some of the main points made by the applicant. Staff's response to these points is
listed in italics below.
A. R2 Development, Inc. has purchased the Barham's seven acres and the Ken Valentine
home has been sold and converted into an office building. It appears that the best use for
the Barham property is to add it to the existing lots on the south side of East Lanark
Street; a landscape buffer will divide the properties.
Mr. Ken Valentine was very vocal at the public hearings regarding the Olson and Bush
development. Mr. Valentine and his neighbors encouraged the City Council to require a
landscape buffer between the Olson and Bush development and the properties along
Franklin Road. If the applicant now owns the property that the buffer is meant to serve,
then staff does not believe that the buffer should be required. Staff further agrees with
the applicant that a landscape buffer would make it difficult to add lot depth to the lots.
MI -05-009 Exhibit "A" Page 2
B. The purpose of the landscape buffer was to provide a transition between the residential
along Franklin Road and the commercial/industrial within Olson and Bush. Since the
approval of the plat, the Comprehensive Plan has been revised and designates the
Franklin Road residences as commercial. The conversion of the properties along
Franklin Road has already begun; all of the residential properties will be converted to
commercial.
All of the properties along Franklin Road, between Eagle Road and the School District
property, are designated "Commercial" on the Future Land Use Map. As noted by the
applicant, these properties are rapidly transitioning to non-residential uses. It is true
that the landscape buffer was originally intended to buffer residences along Franklin
Road. The current landscape ordinance does require landscape buffers between
industrial and commercial, retail, office uses as well. However, the ordinance requires
the landscape buffer to be provided by higher intense uses that are directly adjacent to
lesser intense uses. Again, because the applicant owns the property directly adjacent to
the Olson and Bush development, and he has stated that the best use of the adjacent
property is to add it to the lots within Olson and Bush, a buffer along the southern
boundary of the development may not be necessary. When the seven acres (previous
owned by Barham) is developed, the City should evaluate what type of landscape buffers
should be required between different land uses.
C. All of the currently residential lots fronting Franklin Road have ample existing mature
landscaping which provides a very good buffer. Several of the residences are not visible
from the property because of the mature landscaping.
The first sentence of the applicant's point is very subjective. Staff agrees that there are
some residences along Franklin Road that have mature landscaping and that the
existing landscaping does provided for some screening from the subject site. Although
the residences may not be visible from the subject property, most if not all of the
properties on the bench above can see down into the site. Due to topography, it would be
very difficult if not impossible to providing screening on the subject site that would fully
conceal the Olson and Bush businesses from the properties along Franklin Road above.
D. One building has been constructed already within Olson and Bush Subdivision No. 2 and
no complaints have been filed by the neighbors.
Staff is not aware of any complaints being filed with the City. Although the existing
building was allowed to be constructed without the landscaping being installed, the City
did require a surety for the landscaping. Should the subject MI application be denied,
the applicant will need to construct the required landscape buffer along the southern
boundary.
MI -05-009 Exhibit "A" Page 3
STAFF RECOMMENDATION
Overall, staff believes the applicant has presented a valid case and has supported it well with
documented facts. Staff agrees that several factors have changed since the original approval for
this development was granted, most notably the applicant's acquisition of the property directly
south of the site. For the reasons listed above, staff recommends that the Findings of Fact and
Conclusion of Law and the Development Agreement for this property, both of which include a
condition for a 20 -foot wide landscape buffer along the southern boundary of Olson and Bush
Subdivision be removed. NOTE: A 20 -foot wide landscape setback has been recorded as part of
the final plat for Olson and Bush Subdivision No. 2. The approval of the subject MI application
shall not have the effect of removing this easement from the plat. Instead, the City will not
require the construction of a 20 -foot wide landscape buffer along boundary. If the applicant
wishes to remove the platted easement, a vacation application must be filed and approved by the
City.
MI -05-009 Exhibit "A" Page 4
t'i..nfrei-o ](ir
August 16, 2005
it-of-GVay & Development Departmew
Planning Review Division
R2 Development, Inc.
3084 East Lanark
Meridian, Idaho 83642
Sill UECT: Misc. application — removal of City condition for Olson & Bush Subdivision
MMI -05-009
West end of East Lanark
City of Meridian
In iesponse to your request for comment, the Ada County Highway District (ACHD) staff has reviewed
the submitted application and site plan for the item referenced above. It has been determined that the
Right -of -Way and Development Services Department does not have any site specific requirements for
you at this time due to the fact that the proposed development will:
➢ Generate less than 10 additional vehicle trips per day (VTD) and is not a change in use.
If the site plan or use should change in the future, ACHD will review the site plan and may require
improvements to the transportation system at that time.
You will need to submit final plans to the ACHD Development Review Department prior to
receiving final approval.
A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a building
permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding
impact fees.
Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement
widening, driveways, culverts, etc), a permit or license agreement must be obtained from ACHD.
If yt w have any questions, please feel free to contact me at (208) 387-61.74
Sincerely,
Lisa Bachman
Planner I
Right -of -Way and Development Services, Planning Division
Cc: Project File, Construction Services, Meridian City
Exhibit "n"
September 9, 2005
MERIDIAN CITY COUNCIL MEETING September 13, 2005
APPLICANT ITEM NO. 15
REQUEST Resolution — Approving and Adopting the Planning Department Development
Application Review Fees Under the Unified Development Code
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
COMMENTS
See allached Resolution
Date: Phone: _
Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
uVQnTirmrnNNn t'4.5-- ' e
BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
A RESOLUTION APPROVING AND ADOPTING THE PLANNING
DEPARTMENT DEVELOPMENT APPLICATION REVIEW FEES UNDER THE
UNIFIED DEVELOPMENT CODE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on September 13, 2005, the City Council of Meridian, held a
hearing to consider the adoption of the Planning Department Development Application
Review Fees under the Unified Development Code as shown on Attachment "A" and
incorporated herein by reference; and
WHEREAS, after such hearing, the City Council approved the proposed fees,
including planning department overhead.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That the Planning Department Development Application Review Fees
are hereby adopted, and shall include planning department overhead. A copy of the fee
schedule is attached as Exhibit "A" and incorporated herein by this reference.
Section 2. That the Planning Director is hereby authorized to implement and
carry out the collection of said fees.
Section 3. That this Resolution shall be in full force and effect on September 15,
2005.
ADOPTED by the City Council of the City of Meridian, Idaho l,3 '�/- day
of 5Gf✓ f h w 2005.
fA
APPROVED by the Mayor of the City of Meridian, Idaho, this �� — day
of 2005.
uuiurrgr
APPROVED:
ago PAYOR
ATTEST: =
,( = BEAL
CITY CLERK IF r to • Q.�11,11
RESOLUTION - "IIvnr nn��nrr��arom 7�A r L�iT��lF3VIEW FEES Page 1 of 1
Planning Department Development Application Review Fees 8/13/2005
Permit / Decision
Total Fee (in dollars)
accessory use in residential district
163
additional hearing
142
administrative design review
100 per building
alternative compliance
100 per standard
annexation, staff prepared consensual
1206 plus fee to prepare boundary survey
annexation/rezone
906
annexationtrezone w/out concurrent application
1206
certificate of zoning compliance
375
certificate of zoning compliance w/prior approval
125
city council review (appeal)
603
comprehensive plan map amendment
1018 per designation
comprehensive plan text amendment
606 per issue
conditional use
1046 per use
conditional use modification
206
director determination
250 per issue
inspections, additional
50
miscellaneous
4559
planned development
1261 see per exception fee below
planned developmnet, per exception fee
100 per exception to standard
plat, combination
1228
plat, final
718 plus per lot fee below
plat, final per lot P&Z and PW fee
28 per lot
plat, final, modification to approved plat
350 per issue
plat, preliminary
1276 plus per lot fee below
plat, preliminary per lot P&Z and PW fee
20 per lot
plat, short
410
private road
50
property boundary adjustment
149
sign
50
sign, planned sign program
63
sign, temporary
25
temporary use
125
time extension, Commission or Council
444
Fine extension, Director
75
unified development code amendment
806 per issue
vacations
375
variance
603 per request to vary from standard
zoning verification letter
50
City of Meridian
September 9, 2005
MERIDIAN CITY COUNCIL MEETING September 13, 2005
APPLICANT ITEM NO. 116
REQUEST Ordinance — FY05 Budget Amendment
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY See attached
CITY POLICE DEPT:
CITY FIRE DEPT: I
CITY BUILDING DEPT: I "
CITY WATER DEPT: 6
CITY SEWER DEPT: D
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
Date: Phone: _
Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
((
CITY OF MERIDIAN ORDINANCE NO. l/9
BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO AMENDING
ORDINANCE NO. 04-1100 THE APPROPRIATION ORDINANCE FOR THE
FISCAL YAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30,
2005. APPROPRIATING ADDITIONAL MONIES THAT ARE TO BE
RECEIVED BY THE CITY OF MERIDIAN, IDAHO IN THE SUM OF $7,552,575,
AND ALLOCATING ADDITIONAL EXPENDITURES AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO:
Section 1. That Ordinance No, 04-1100, the appropriation ordinance for the City of
Meridian, Idaho, for the fiscal year commencing October 1, 2004 and
ending September 20, 2005 be and the same is hereby amended as
follows:
CITY of MERIDIAN
FY2005 PROPOSED BUDGET AMENDMENT
FY2005 FY2005
Approved
Amended
REVENUES Revenues
Amendment
Budget
ENERALFUND
Property Tax revenue
7,756,619
7,756,619
Other Sources
5,548,664
(438,254)
5,110,410
Special Services - Community Planning & Development
2,460,800
2,956,000
5,416,800
Park Impact revenues
713,000
1,320,000
2,033,000
FireTruck Fund revenue
4,000
4,000
GENERAL FUND REVENUES
16,483,083
3,837,746
20,320,829
use of Park Impact Fund Balance
53,300
202,429
255,729
use of Park Impact Fund balance for carryforward
720,000
720,000
use of General Fund balance
186,000
186,000
use of General Fund balance for carryforward
1,624,393
1,624,393
TOTAL GENERAL FUND
19,066,776
4,040,175
23,106,951
CAPITAL IMPROVEMENT FUND
TOTAL CAPITAL IMPROVEMENT FUND
79,800
79,600
79,800
ENTERPRISE FUND
Water & Wastewater revenues
15,153,484
7,375,000
22,528,484
use of Enterprise Fund balance
13,768,294
(3,942,400)
9,825,894
ORDINANCE — AMENDMENT TO FY05 BUDGET Page 1 of 4
i
ORDINANCE — AMENDMENT TO FY05 BUDGET Page 2 of 4
Approved
Amended
EXPENDITURES
Expenditures
Amendment
Budget
GENERALFUND
Personnel & Operating
Administrative Offices
1,372,855
346,700
1,719,555
Admin carry -forward appropriation
1,334,393
1,334,393
Police Department
6,332,012
16,340
6,346,352
Fire Department
3,288,294
60,936
3,349,230
Parks Department
916,397
18,300
934,697
Special Services - Communi Planning &Development
2,309,207
1,083,000
3,392,207
TOTAL GENERAL FUND OPERATIONS
15,553,158
1,525,276
17,078,434
Capital Outlay
Administrative Offices
5,460
12,500
17,960
Police Department
312,045
18,660
330,705
Fire Department
1,135,330
(905,800)
229,530
Parks Department
893,300
1,522,429
2,415,729
Parks carry -forward appropriation
1,010,000
1,010,000
Special Services - Community Planning & Development
73,610
73,610
addition to Spec Svc reserved fund balance
77,983
1,873,000
1,950,983
addition to unreserved fund balance
5,890
5,890
OTAL GENERAL FUND CAPITAL OUTLAY
3,513,618
2,514,899
6,028,517
TOTAL GENERAL FUND EXPENDITURES
19,066,777
4,040,175
23,106,952
CAPITAL IMPROVEMENT FUND
Personnel & Operating
Administrative Offices
5,000
Capital Outlay
Administrative & Parks
74,800
Addition to Reserved Fund Balance
CAPITAL IMPROVEMENT FUND TOTAL EXPENDITURES
79,800
79,800
79,800
ENTERPRISE FUND
Personnel & Operating
Water Department
4,755,645
1,612,600
6,368,245
Water carry -forward appropriation
125,000
-
125,000
Wastewater Treatment Plant
5,256,373
1,370,000
6,626,373
WWTP carry -forward appropriation
47,000
47,000
OTAL ENTERPRISE FUND OPERATIONS
10,184,018
2,982,600
13,166,618
ORDINANCE — AMENDMENT TO FY05 BUDGET Page 2 of 4
Capital Outlay
Water Department
4,393,620
-
4,393,620
Water carry -forward appropriation
3,330,820
(129,595)
3,201,225
Wastewater Treatment Plant
14,516,140
450,000
14,966,140
WWTP carry -forward appropriation
9,158,000
129,595
9,287,595
OTAL ENTERPRISE FUND CAPITAL OUTLAY
31.398.580
450.000
31.84E-5nn
174
That the additional sum of $7,552,575 be appropriated out of the revenues from Fund
Balance and Other Sources and Fees, to be used for authorized activities.
Section 2. This Ordinance shall be in full force and effect from and after its passage,
approval and publication, according to law.
PASSED by theC�
/ity Council and APPROVED by the Mayor of the City of
Meridian, Idaho this �2 day of September, 2005.
ATTEST:
WILLIAM G. BERG, JIY., CITY
"91011"1
'
First Reading: %'I )'IVS
Adopted after first reading by suspension of the rule as allowed pursuant to Idaho
Code § 50-902
Second Reading: '�-
Third Reading:
ORDINANCE - AMENDMENT TO FY05 BUDGET Page 3 of 4
STATE OF IDAHO, )
. ) ss.
County of Ada )
ti
On this Ja day of S rap I 6 (-K e, 2005, before me, the
undersigned, a Notary Public in and for said State, personally appeared TAMMY de
WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk,
respectively, of the CITY of Meridian, Idaho, and who executed the within instrument,
and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
L)s' ly�%
oTq
A P R�.
UN ID t�.•O•
gIJj0 u
e
PUBLIC FOR IDAHO
i AT:�� f� /i � Zt& /a�a
ORDINANCE — AMENDMENT TO FY05 BUDGET Page 4 of 4
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE N0.05- (� b
PROVIDING FOR AN AMENDMENT TO ORDINANCE NO. 04-1100
An Ordinance of the City of Meridian providing for the adoption of an amendment to the
budget and the appropriation of expenditures of sums of money to defray the necessary
expenses and liabilities of the City of Meridian, in accordance with the object and
purposes and in the certain amounts herein specified for the fiscal year beginning October
1, 2004 and ending on September 30, 2005.
A full text of this ordinance is availab e, or inspection at City Hall, City of Meridian,
33 East Idaho Avenue Meridian,'u
��1dl�cD�FT��,orr_iislance shall become effective upon the
U
passage and publication.
City of Meridian m
Mayor and City Council' c
By: William G. Berg, Jr., City)r'�r
First Reading: _ l I o5q�0QILl1 -f (
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code
50-902: YES K NO
Second Reading:
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. 05- 11 �) 1
The undersigned, William L.M. Nary, City Attorney of the City of Meridian,
Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of
the attached Ordinance No. 05- MA of the City of Meridian, Idaho, and has
found the same to be true and complete and provides adequate notice to the public
pursuant to Idaho Code § 50-901A (3).
DATED this day of Septe 175.
William, L.M. Nary
City Attorney
BUDGET AMENDMENT ORDINANCE SUMMARY FY2006 —1 of 1
September 9, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
13, 2005 1 y
ITEM NO.
REQUEST Executive Session per Idaho State Code 67-2345(1)(a)(c)&(f)
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY See aBached
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
Date: Phone: _
Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.