2018-09-18
C I T Y C OUNCI L R EGU L A R
M EET I NG AGENDA
C ity Council Chamber s
33 E ast B roadway Avenue
M er idian, I daho
Tuesday, S eptember 18, 2018 at 6:00 P M
1. Roll-C all Attendance
X A nne L ittle R oberts X J oe Borton
X Ty P almer X Treg B ernt
X Genesis Milam X L uke Cavener
X Mayor Tammy de Weerd
2. P ledge of Allegiance
3. Community Invocation by M ar k B r yan of Har vest C hur ch
4. Adoption of Agenda Adopted
5. F uture M eeting Topics - Public F orum (Up to 30 M inutes M aximum)
Signing up prior to the start of the meeting is required. This time is reserved
for the public to address thei r elected officials regarding matters of general
interest or concern of public matters and is not specific to an active land
use/development application. By law, no decisions can be made on topics
presented under this public comment section, other than the City Council
may request that the topic be added to a future meeting agenda for a more
detailed discussion or action. The Mayor may also direct staff to further
assi st you i n resolving the matter following the meeting.
6. Consent Agenda [Action Item] Approved
A. Approve M inutes of S eptemb er 4, 2018 C ity C ouncil Regular
M eeting
B. Approve M inutes of S eptemb er 4, 2018 C ity C ouncil E xecutive
S ession
C. Approve M inutes of S eptemb er 11, 2018 City C ouncil Workshop
M eeting
D. M eridian C enter cal P artial Release of S ewer and Water E asement
E. Twelve O aks C entr e S ubdivision P ar tial Release of S ewer & Water
E asement
F. T rust S torage Water M ain E asement
G. F inal Order for Hill's C entur y F arm S ubdivision No. 11 (H-2018-
0068) by B righton Investments, LLC , L ocated E ast of S. E agle Rd.
and S outh of E . Amity Rd.
H. F indings of F act, C onclusion of L aw for G urney O ffice Condos (H-
2018-0080) by Horrock E ngineers, L ocated at 1831 S . Topaz Way
I. F indings of F act, C onclusion of L aw for S tonemont S ubdivision (H-
2018-0078) by L angley Associates, L ocated at 3520 E. O verland
Rd.
J. F indings of F act, C onclusion of L aw for 750 E. Ustick (H-2018-
0061) by Zina D enny, L ocated at 750 and 772 E. Ustick Rd.
K. Resolution No. 18-2101: A Resolution To Amend T he F utur e L and
Use M ap Of T he 2002 Comprehensive P lan F or 8.74 Acres K nown
As C reamline P ark S ubdivision G ener ally L ocated At 1480 And
1220 W. F ranklin Road And 71 And 48 N.W. 13th P lace (L ots 1, 2, 9
And 10 Block 1, C reamline P ark S ubdivision), In T he S W ¼ Of
S ection 12, Township 3 Nor th, Range 1 West, M eridian, Idaho.
L. Acceptance Agr eement for Display of Ar twor k in Initial P oint
G allery
1. Nadene K ranz, D ecember 2018 - J anuary 2019
M. S chool Resource O fficer Agreement between C ity of M er idian and
West Ada S chool D istrict
N. Dog L icen se D esignee Agr eement between M er idian C anine
Rescue and C ity of M eridian
O. Approval of Purchase O rder #18-0522 for New and S ensus Water
M eters to F er guson E nterprises in the Not-To-E xceed amount of
$69,500.00. T his P O is a sole sour ce purchase per the pr eviously
appr oved S ole S our ce for S ensus Water M eter s
P. Approval of C hange O rder 3 for D iscover y P ar k AI A Agr eement to
Knife River C orp., for the Not-To-E xceed amount of $103,285.00.
Q. Awar d of RF Q and Appr oval M aster Agreement for “C O NC RE T E
C O NS T RUC T I O N SERV I C E S – P RO J E C T S UND E R $50 K ” to
B riC on, Inc.
R. Awar d of Agreement Renewal for “UT I L I T Y B ILLI NG C US T O M E R
SERV I C E S ” to Billing D ocument Specialists for the Not-To-E xceed
appr oved budget amount of $299,100.00.
S. AP I nvoices for P ayment - $2,218,463.44
7. Items M oved F rom T he C onsent Agenda [Action Item]
8. Community I tems/Presentations
A. Childr en's M useum of Idaho Update
9. Action I tems
Land Use Public Hearing Process: After the Public Hearing is opened the
staff report will be presented by the assigned City planner. Following
Staff's report the applicant has up to 15 minutes to present their
application. Each member of the public may provide testimony up to 3
minutes or i f they are representi ng a larger group, such as a Homeowners
Association, they are allowed 10 minutes. The applicant is then allowed
10 additional minutes to respond to the public's comments. No additional
public testimony is taken once the public hearing is closed.
The City Counci l may move to continue the item for additional information
or vote to approve or deny the i tem with or without changes as presented.
The Mayor is not a member of the City Council and pursuant to Idaho Code
does not vote on public hearing i tems, unless to break a tie vote.
A. P rofessional S er vices Agr eement between Childr en's M useum
of I daho and City of M er idian Not to E xceed $7,500
Approved
B. Resolution No. 18-2102: A Resolution Re-Appointing M ar k
Nelson to S eat 2 of the Solid Waste Advisor y C ommission
Approved
C. F uller P ark Agreement with Western Ada Recr eation
Distr ict (WARD )
D. Budget Amendment for F uller P ar k O per ating and C apital Not
to E xceed $276,000
Approved
E. P ublic Hearing for Howry L ane S ubdivision No. 1 H-2018-0063
by M 3 C ompanies, LLC , L ocated at 12855 W. Auckland S t.
Approved
1. R eques t: Vacation of the northwesterly 5 feet of the 10 f oot
wide public utility easement on the southeasterly boundary of L ot 3,
B lock 4
F. P ublic Hearing for Whitecliffe E states S ubdivision (H-2018-0074)
by 4345 L inder Road, LLC L ocated at 943 W. M c M illan Rd.
Approved
1. R equest: A nnexation and Z oning of 40.6 A cres of L and to the R -
4 Z oning D istrict; and
2. R equest: P reliminary P lat C onsisting of 128 Single Family
R esidential L ots and 10 C ommon L ots on A pproximately
40.6 A cres of L and in the P roposed R -4 Z oning D istrict
G. P ublic Hearing C ontinued fr om J uly 17, 2018 for T imber C reek
Recycling (H-2018-0042) by M ichael M urgoitio located at 7965
S . L ocust G r ove Rd.
Approved
1. R equest: A mendment to the D evelopment A greement to include
the f ollowing : expansion of the existing recycling business to allow a
commercial composting component; recycling of additional
materials (i.e. food was te, garden waste, demolition debris, and
other materials in the same category); utilization of equipment (i.e.
loaders, excavators, conveyors, trommels , hopper boxes , air
systems/compressors, generators, windrower, crusher, grinder,
watering trucks , loaders, graders, tractors with implements, fork
lifts and other heavy equipment) and activities (i.e. crushing,
grinding, screening, windrowing, unloading/unloading trucks , etc.)
necessary for c omposting; modif ication of the property to include
a weather station, scale house, bathroom with a septic system,
storage shed (approximately 40' x 8'), leaching ponds and berms;
parking of delivery trucks and heavy equipment; and marketing and
sale of processed recycling materials including but not limited to
mulch, compost, bark, playground chips, sand, stone, etc.
10. F uture M eeting Topics
Adjourned at 11:26pm
All mater ials presented at public meetings shall bec ome pr oper ty of the C ity of Meridian.
Any one desir ing accommodation for disabilities related to doc uments and/or hearing,
please c ontac t the C ity Clerk's Offic e at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council September 18, 2018.
A Meeting of the Meridian City Council was called to order at 6:04 p.m., Tuesday,
September 18, 2018, by Mayor Tammy de Weerd.
Members Present: Tammy de Weerd, Joe Borton, Luke Cavener, Ty Palmer, Genesis
Milam, Anne Little Roberts and Treg Bernt.
Also present: C. Jay Coles, Bill Nary, Sonya Allen, Josh Beach, Mark Ford, Kevin
Fedrizzi, Steve Siddoway, and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X__ Anne Little Roberts X _ _Joe Borton
X__ Ty Palmer X__ Treg Bernt
__X___Genesis Milam __X___Lucas Cavener
__X_ Mayor Tammy de Weerd
De Weerd: Welcome to our City Council meeting. We thank you for joining us and, in
particular, for Troop 174. We always appreciate our scouts to join us. They will be
leading us in the pledge in a few minutes. For the record it is Tuesday, September 18th.
It's four minutes after 6:00. We will start with roll call attendance, Mr. Clerk.
Item 2: Pledge of Allegiance
De Weerd: Item 2 is our Pledge. We will be lead today, so they will give instruction by
Troop 174. They are sponsored the Bellano Creek Ward and the Meridian 20th Spanish
Branch. So, I will ask our scouts to step forward and they will instruct us on what to do.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Mark Bryan of Harvest Church
De Weerd: Thank you for joining us. Item 3 is our community invocation. Is Pastor
Bryan here? We will be led tonight by Pastor Mark Bryan with the Harvest Church. If
you will all join us in the community invocation or take this as an opportunity for a
moment of reflection. Pastor. I'm going to make a special request. Will you put -- lift
my mom up in prayer?
Bryan: Yes, I would be happy to.
De Weerd: Thank you.
Bryan: What is her name?
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De Weerd: Sidney Bartlett.
Bryan: Praying for mom Sidney.
De Weerd: We lost my dad last week, so --
Bryan: That's right. My condolences. I did hear that. I'm sorry.
De Weerd: Thank you.
Bryan: Father in Heaven, we come to you now in the mighty and powerful name of
Jesus Christ and we ask you for grace and assistance for life. We thank you for your
love, for your kindness, for your wonderful care and your concern about all the things
that we can face in life and, Lord, we lift up Mayor Tammy's mother who is walking
through a season of loss and grief and we ask you to comfort her. We ask you to
comfort, Lord, all those that might be in that situation across our city, our relationships
and our families who may have lost a loved one and we asked you to comfort the
bereaved. We ask you tonight for our nation, for our state, for our cities. We ask for a
peace to settle over hearts that are traumatized with violence and with incivility and
anger and the trouble that we see in our streets and we thank you that much of it has
not touched our streets and we thank you for that. But we do pray for our first
responders, for our police and fire and medical and all those that try to hold the line in
the area of grief and trauma and loss of life and try to relieve the oppressed and, Lord,
there is so much suffering in the earth today, we ask you for help. We ask you for
wisdom, we thank you that there is a wisdom that is from above. It's peaceable and
gentle and willing to converse and yield on points of stubbornness in order that wisdom
could be exalted. We pray for truth to be exalted. We pray for lie exposed. We pray for
integrity to return to the halls of government and we ask you for help in our families, in
our homes, in our schools. We asked you for help. We are a nation that needs you
now. Bless this evening in the deliberations of this City Council. Be with the Mayor as
she works through the loss that she has mentioned here tonight and thank you that we
can look to you. Give wisdom where wisdom as needed. Give patience where patience
is needed and deference where it is needed. Courage where it is needed. May we be
better because we have trusted, in Jesus' name. Amen.
Item 4: Adoption of Agenda
De Weerd: Thank you. And thank you for allowing me that special request. Item 4 is
adoption of the agenda.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: It does not appear that there are any changes to the agenda as published. So,
I would move that we adopt the agenda.
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Cavener: Second.
De Weerd: I have a motion and a second to adopt the agenda. All those in favor say
aye. All ayes.
MOTION CARRIED: ALL AYES.
Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum)
De Weerd: Item 5. Mr. Clerk.
Coles: Thank you, Madam Mayor. In reviewing the -- those that signed up for the
public forum, it appears that all of them relate to an item that is later on tonight's Council
agenda, which is Item 9-G. So, there are none that are outside of wanting to address
the Council for 9-G.
Item 6: Consent Agenda [Action Item] Approved
A. Approve Minutes of September 4, 2018 City Council Regular
Meeting
B. Approve Minutes of September 4, 2018 City Council Executive
Session
C. Approve Minutes of September 11, 2018 City Council
Workshop
Meeting
D. Meridian Centercal Partial Release of Sewer and Water
Easement
E. Twelve Oaks Centre Subdivision Partial Release of Sewer &
Water Easement
F. Trust Storage Water Main Easement
G. Final Order for Hill's Century Farm Subdivision No. 11 (H-2018-
0068) by Brighton Investments, LLC , Located East of S. Eagle
Rd. and South of E . Amity Rd.
H. Findings of Fact, Conclusion of Law for Gurney Office Condos
(H2018-0080) by Horrock Engineers, Located at 1831 S . Topaz
Way
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I. Findings of Fact, Conclusion of Law for Stonemont
Subdivision (H2018-0078) by Langley Associates, Located at 3520 E.
Overland Rd.
J. Findings of Fact, Conclusion of Law for 750 E. Ustick (H-2018-
0061) by Zina Denny, Located at 750 and 772 E. Ustick Rd.
K. Resolution No. 18-2101: A Resolution To Amend The Future
Land Use Map Of The 2002 Comprehensive Plan For 8.74
Acres Known As Creamline Park Subdivision Generally
Located At 1480 And 1220 W. Franklin Road And 71 And 48
N.W. 13th Place (Lots 1, 2, 9 And 10 Block 1, Creamline Park
Subdivision), In The SW ¼ Of Section 12, Township 3 North,
Range 1 West, Meridian, Idaho.
L. Acceptance Agreement for Display ofArtwork in Initial Point
Gallery
1. Nadene Kranz, December 2018 - January 2019
M. School Resource Officer Agreement between City of Meridian
and West Ada School District
N. Dog License Designee Agreement between Meridian Canine
Rescue and City of Meridian
O. Approval of Purchase Order #18-0522 for New and Sensus
Water Meters to Ferguson Enterprises in the Not-To -Exceed
amount of 69,500.00. This PO is a sole source purchase per
the previously approved Sole Source for Sensus Water Meters
P. Approval of Change Order 3 for Discovery Park AIAAgreement
to Knife River Corp., for the Not-To -Exceed amount of
$103,285.00.
Q. Award of RFQ and Approval Master Agreement for
“CONCRETE
CONSTRUCTION SERVICES – PROJECTS UNDER $50K ” to
BriCon, Inc.
R. Award of Agreement Renewal for “UTILITY BILLING
CUSTOMER
SERVICES ” to Billing Document Specialists for the Not-To -
Exceed approved budget amount of $299,100.00.
S. AP Invoices for Payment - $2,218,463.44
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De Weerd: Thank you. Okay. Item 6 is our Consent Agenda.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I would move that we approve the Consent Agenda as published and for the
Mayor to sign and the Clerk to attest.
Cavener: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. Mr. Clerk,
will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 7: Items Moved From The Consent Agenda [Action Item]
De Weerd: There were no items moved from the Consent Agenda.
Item 8: Community Items/Presentations
A. Children's Museum of Idaho Update
De Weerd: So, I will move to our community presentation for an update from the
Children's Museum.
Jones: Thank you, Madam Mayor, Members of the Council.
De Weerd: Hi, Jacy.
Jones: I appreciate your having me back. It was my super stealthy title for that.
Thanks, Josh. I'm Jacy Jones, for those of you who don't know me. I don't know that
we have interacted a lot, Council Member Bernt, so it's nice to see you and Mayor
Tam my, I'm very sorry for your loss. Sincerely I am sorry. I have been in front of this
group a couple of times in the last several years to talk about different iterations of this
project and so I thought it was appropriate to come again and give you an update on
where we are at currently and, then, some interesting developments we have going on.
So, the vision of the Children's Museum of Idaho is to inspire and nurture future
explorers, innovators, and creative thinkers through interplay and a safe, engaging
environment, with hands-on exhibits designed specifically for children ages two to eight
years old. Our primary objectives are to create a dynamic hands-on engaging
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experience and unstructured educational experience where children ages two to eight,
along with the adults in their life, learn through purposeful play. It's a place for children
to encounter unique opportunities, discovery, creativity and imagination, an enriching
atmosphere that is accessible to children and their families regardless of their disability
or income. An opportunity for teens and seniors in the community to volunteer. An
atmosphere that fosters positive intergenerational relationships by encouraging adult-
child interaction, an indoor and outdoor exhibit area designed to connect children with
their natural environment and an unplugged zone where phones and electronic devices
are discouraged. So, history of the project. For those of you who don't know or might
not remember, this original idea came from the Boise Rotary. A woman named Susan
Mahoney, who knows the Mayor, reached out and sort of asked the question why don't
we have a children's museum in Meridian. Why don't have one in Idaho. In our
demographic of young families it seems like a really easy fit and at the time -- this is in
2015. It is around the same time that the Meridian Development Corporation had
partnered with the city to create a survey to find out what citizens in Meridian really
wanted to see for the downtown area and out of 500 families surveyed, Children's
Museum came up as the top of request, the top need for young families, which aligns
perfectly with Mrs. Mahoney's inquiry as to why don't we have one and Meridian's goal
is to be the premier place to live, work and raise a family and because of that Meridian
is the perfect home for the first Children's Museum in Idaho. So, led by Mayor Tammy ,
city staff partnered with the Rotary and local groups and began facilitating a
conversation in October of 2015. It's crazy when I think about -- it will be three years in
October that we have been diligently working on this project and -- and have seen many
iterations as time has gone on and to be in the place that we are now. So, from 2015 to
2018 we morphed. I was in front of this group once asking for the Bubbles Museum and
I was in front of this group once as The Station, a children's museum, and now, finally,
as Children's Museum of Idaho. Over those three years we have had a variety of
people that I would say were impactful to our projects, who participated in our advisory
committee or in our -- our growing and changing board, who have helped with planning
and supporting our projects, one of which was the Meridian Press, who has always
been a great partner for us. Patty Bowen with Meridian Press reached out to me in
early 2018 and wanted to do an article on The Station. She wanted to know what we
were doing and wanted to get the public updated and that happened to be a completely
wonderful kismet event because a woman named Pat Baker read that article and Pat
Baker is a champion of all things youth and all things community. She had been
pursuing opening a children's museum as a business and seriously considering that for
about the past 11 years. She read our article in the Meridian Press, happened to reach
out to Hillary at the city, and we were able to connect our two organizations. So, in
March The Station sat down with Pat and we talked about our goals. We talked about
how we could be collaborative versus competitive and what we could do to get the
museum facility here sooner rather than later. So, in March of this year our groups
merged and we created the new nonprofit of the Children's Museum of Idaho and we
have been moving forward as a new board since that time. We were able to rent a
facility and this currently is the old Dupus Boomers location or Tony Roma's location
over on -- on Progress next to Winco. It's in the Central Park Plaza area, 790 South
Progress Avenue. The facility does contain nearly 9,000 square feet of indoor space for
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exhibits and approximately 5,000 square feet of outdoor exhibit space, which is now
fully fenced. It also includes almost an acre and a half of parking, which includes plenty
of space for bus bays to get in, turn around, access the facility and we -- because of
where we are we have excellent visibility from the freeway. There is two signs on the
freeway. It's easy on and off of that Meridian exit. So, we are preparing to open up in
this facility. Like I mentioned, we have outdoor exhibit space that will be seasonal and
will change, develop, depending on programming and the other art exhibits. This is just
a mural created by Sector 17. They are going to create three murals similar to this one.
The current exhibits that we are putting in is -- the theme is a Journey Through Time,
which is captured really beautifully in this mural and you will notice the train in the front
and, then, there between finished that rocket there in the back. So, this is one of the
forefront pieces that you see when you walk into our train exhibit. We, like I mentioned
earlier, are focusing on purposeful play and hands on experiences. So, each one of our
exhibits will feature an educational guide that will be posted on the wall in the facility,
that will provide a guide to the parents on how to really instruct their child in learning to
that exhibit. The goal really is that the parents, grandparents, adult sibling or whatever
that familial relationship is with that adult, become the teacher in the facility and help
harbor that love of learning and that hands-on experience. So, educational guides will
be posted in each facility and we will also be sending children home with a guide as
well, so they can continue the learning at home with their adults and so some examples
of our exhibits are going to be a dinosaur dig, cave and mountains, which we start on
our cave next week. It's very exciting. A pirate ship will feature here load, cargo, flags,
maps and murals. A frontier, which will have wagons and supplies, a teepee, canoe and
a log cabin and you actually have an item on your agenda a little bit later on about that
frontier exhibit. We are going to have a farm-to-fork exhibit and really teach children
where their food comes from and the value of our agricultural history in this area. We
will feature a city which will have a bank and a grocery store, a cafe, a dentist,
veterinary clinic and a construction site. We will have a maker space, which will be a
really wonderful hands-on way for kids to get to kind of create their own experience.
For some of our lower income children, having the opportunity to play with
manipulatives where the goal is just to create out of imaginary play, without any goal of,
you know -- or worrying about breaking something or maybe there is access to
materials that they wouldn't regularly have access to. So, it's truly about featuring
imagination. We will have an outside imagination playground, which has soft blocks.
So, it's just, again, open ended free play. A toddler town that will be fully staffed to help
our youngest visitors with sensory interactive toys. A train exhibit, which this mural is in.
An airport with a sitting cockpit, a load luggage, maps and weather station and, then, a
space exhibit with a sit-in space shuttle that has controls and satellite and planet
models. Things that you need to know. Right now our memberships are on sale and
they are on sale on our website. We have day memberships, as well as annual
memberships and, then, also punch cards, which are great going -- going to be great for
maybe daycare facilities, things like that. We have some community events coming up.
We will be participating in Meridian's trunk or treat, the Winter Lights Parade and the
Winterland Festival. So, if you're attending any of those facilities -- those events stop by
and see us. We will be hosting two to three soft openings in October specifically for our
members, donors, and invited guests, with our grand opening and ribbon cutting at 1:00
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p.m. on December 1st, which is amazing news and it is one of those things that when
we think that will be just over three years from when the very first focus group sat and
we sat and we met in City Hall with this -- this kind of being a dream and so we are
beyond thankful to be here three years later getting ready to open right in our downtown
core. We are on Facebook and Instagram. Those are our handles. So, I would
advocate everybody to get out and like us and follow us, so you can stay up to date as
to what is happening. We have events all the time and we post photos regularly. As we
gain sponsors that information is posted and it's made live, so get out and see what we
are doing, get your families excited about it, be excited about it and stop by and look at
our website and it will include the information that you want to know about
memberships, possibly participating in field trips, our hours of operation and, then, the
ways that we are going to be focusing on low sensory hours for families who might be
on the autism spectrum and if you have heard me present, I always end with a gratitude
slide. So, I'm going to do that tonight, because that's just what I do. So, I want to say
thank you to Meridian in general. Our community is fantastic. Anytime that we have
asked for help or asked for support we have never once been turned down. The
community as a whole has come out to support us. Thank you to our current and past
board members, which include Hillary Blackstone, Ashley Squyers, Jeanette Sanchez
and Lily Giordano and Woody Sobee. Our advisory boards members, who have hung
in there with us from 2015 until now, some of who are Chad and Andy with Erstad
Architects, Strident Financial, All-American Insurance, Habitat For Humanity, The Rotary
Club, The Optimist Club, The Kiwanis Club. Meridian Development Corporation. The
Meridian Library District. The Meridian Downtown Business Association. The school
district. Patricia Kempthorne and so many others. Sector 17 for our gorgeous artwork.
There will be two other murals that we will begin work in our facility. So, you will want to
come by. Pat, our executive director, virtually lives at the museum. So, if you get
curious and want to see some of that artwork stop by. Wright Brothers and Wright
Construction for continuing to be our champion and partner. Showso Design for the
fabrication of our rocket, airplane, and spaceship. You guys, our current and former city
council, I want to make sure to say thank you to Councilman Bird who -- I do this every
time. There is a reason I don't do this very often, because I always get emotional. But
Keith has always been a champion of Meridian's youth and of this project. Sorry. You
would think I would get better. I don't. Okay. City staff. So, we have Caleb Hood and
Bill Parsons and the entire team with the building department. The speed at which
things are being approved by city staff is off the charts. Our architect and the team that
we are working with always says very positive things about their interaction with city
staff and how kind the city staff has been and, then, the countless sponsors, donors and
community partners that we have. They are all posted on our website. I was going to
list them, but I feel like I have taken up a lot of your time anyway. So, hop on the
website and look at them. And, then, most of all thank you to Pat Baker, who had a love
for community and continues to have a love for community and who is here, if you
would like to meet her, and she's happy to stand for questions and I'm happy to stand
for questions. Get excited about this. It's -- it is exciting. It is going to be another
destination for Meridian. But this is something that's truly going to put Meridian on the
map and make us unique in the state of Idaho. It's going to be unique in this area of the
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country and we really are grateful for all of the support that we have received from you
and from the city. Thank you.
De Weerd: Thank you, Jacy. And, Pat, do you have anything you want to add? Thank
you. Council, any questions?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Not a question, just a quick comment. Ms. Jones presented to the Meridian
Kiwanis Club a few weeks ago and the enthusiasm in the room for this project was
infectious and I think it just speaks to your involvement. When you get excited about
something people just need to get out of your way, because it's going to happen one
way or another.
Jones: Thank you.
Cavener: Your work on HPC, your work on this. Jacy and I have had a chance to talk.
When this first was presented I was somewhat skeptical and I have been really happy to
be proven wrong time and time again from you on this. My son gets his hair cut over
there and so we do status updates each time that we go over there and get our -- our --
our haircuts. So, really looking forward to seeing the final product. Thank you for
coming and giving us an update. Keep up the great work. This is really remarkable.
Jones: Thank you, Councilman. I appreciate that.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: What a fantastic presentation, Jacy. You held my interest the entire time, which
is saying a lot for me, because I'm ADD a little. You look fabulous.
Jones: Thank you.
Milam: But that's not my question. Can you tell me a little bit about the rates for
membership or -- and do you have a program that you're talking about, maybe some
lower income individuals and what you have to offer for them?
Jones: Yeah. Absolutely. It's a great question. So, daily membership rates are eight
dollars and that's for adults and children. It begins at two years of all -- two years of
age, because that's when our programming begins. So, two years and up you will pay
eight dollars and that's whether you're the mom and dad or whether you're the child.
We do offer a pass EBT card holders and those are those participating in the school
nutritional assistance program for our low income families and that's three dollars for the
day rate. What's I think awesome about our day rate is it is for the day. So, if you come
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in the morning -- and like most little kiddos need a nap and some lunch and a break,
you can go home and get a hand stamp and, then, come back in the afternoon. So, we
would encourage you to take advantage of the whole day. It's one of those things to
truly get the benefit of the museum you don't want to spend just two or three minutes
and, then exit. You really want to immerse yourself and -- and as the parent use the
guides and -- and really nurture your child's learning experience. So, that's available.
And, then, an annual membership right now is 85 dollars and that is for an adult and
one child and, then, you can add additional children or family members for 25 dollars.
So, 85 dollars gets you all year and begins on your first visit. So, if you buy it today that
doesn't start today. If you are a grandparent and you want to get it for your kiddos, you
know, or grandchildren maybe for Christmas and they don't visit until Christmas break,
that's when that year begins and they will get the full 12 months out of that. Thank you.
Very good question. Thank you.
De Weerd: And you have sponsorships available.
Jones: We do have sponsorships available. I did, I brought my list. So, we are still
seeking sponsorships for a variety of exhibits. Currently we need a sponsorship for our
pirate ship. So, what -- what is happening with what -- with these is these are being
ordered, they are being fabricated and they are coming out of our operational costs and,
then, so the hope is, then, to get sponsorships, essentially, to reimburse us, so that we
can use our operational funds for operations. So, the pirate ship, the cave, the airport,
our space exhibit, farm-to-fork exhibit. We had an interesting development with our
Maker Space today, so that one might be taken. Our dinosaur dig. Our imagination
playground. Our trains exhibit. And, then, the learning guides themselves, which I think
we might have a partnership for as well. So, that being said, we have all kinds of
sponsorships. So, if how you want to sponsor is maybe you come in and donate your
time, we want to talk to you. If that's how you can give, we want you to be a part. So,
you know, if 20,000 dollars isn't in your budget, but maybe a five dollar monthly charge
is, we want to talk to you. So, it is something that we want the city for and by the
community and if you have a heart for our youth and education and you want to be
involved, we can get you involved. So, all of the information, how to reach out to us, is
on our social media and on our website.
De Weerd: And just a special note. It's a big facility. It may not look like it from the
curb, but it's big inside and there is opportunities for parties?
Jones: There is. Yes . We will be hosting birthday parties. As Mayor Tammy said, it is
a large facility. You don't know from driving by, but it has a second floor that has office
space, which is pretty wonderful. It has a wall of windows, so staff will be able to sit in
their offices and see the entire facility and as we have taken down walls it's become a
very open space. But, yeah, there is a community room, which has an expansion wall
so you can rent the facility to do a birthday party. With our birthday party rates you will
get a member of our staff to come in and help you, you know, write the letter for the
thank you notes and handout cake and help with some of the programming, things like
that, and we are still talking about corporate parties as well. So, as we make decisions
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and policies -- we are sort of in the early phase of that, we will be posting everything
on the website. But, yeah, birthday parties in 2019 just got a lot more fun in Meridian.
De Weerd: Okay. Any other questions?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: One more thing. One, thanks for letting me know about the membership. I
signed up.
Jones: Thank you.
Cavener: Super easy for all of you. I know we try and pay attention, but I knew that I
would forget about it, we have got a long meeting ahead of us --
Jones: Appreciate that.
Cavener: -- and thank you for that plug. And, two, I just think it's great to see the
utilization of that space. As some of you know, I -- I was a bartender at Tony Roma's
some ten years ago when that place opened up and it's nice to see something really
exciting happening in that space that's that big and for far too long. So, a great find and
a great utilization of space.
Jones: Appreciate that. Thank you.
De Weerd: Thank you, Jacy, and thank you, Pat. You are an amazing woman. And so
are you.
Jones: Thank you.
De Weerd: And so is your daughter. I haven't seen Charlotte forever.
Jones: She's growing too fast. Thank you all.
Bernt: Good to meet you.
Item 9: Action Items
A. Professional Services Agreement between Children's Museum
of Idaho and City of Meridian Not to Exceed $7,500
De Weerd: Okay. Item 9-A, under Action Items, we have a professional services
agreement. Hi, Josh.
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Evarts: How are we doing tonight?
De Weerd: I don't recognize you without --
Evarts: I know. It's frightening. I don't recognize myself. Madam Mayor, City Council
Members, I'm here tonight to review a Action Item for you on behalf of Blaine, our
historic preservation commissioner. I am Josh Evarts, our vice-president for the Historic
Preservation Commission. So, kind of what I want to go through tonight on the heels of
what Jacy just covered was a decision on approval of funds that we had made as a
commission during our last meeting. So, to start with we have also been on this journey
for three years. So, we have been getting regular updates, Star Commission on this
museum project from their steering committee. So, for three years we have been
hearing these updates. That all got ramped up this year with the engagement with Pat
Baker in March and those became monthly updates as to what's going on. So, as a
commission we have been talking for three years about how do we get involved in this.
How do we support this as a city and what we really looked at is as the vision matured
we were trying to figure out, then, how do we play a role, but it wasn't really appropriate
for us to really step in until we saw execution, that we really felt as a commission that
we are stewards, just like you guys are, of public resources and we needed to see an
execution plan that was in place so we could really get behind. So, some data points
before I talk about kind of what our decision was is we reviewed the comp plan, as well
as some of our historic preservation goals. So, I want to read a couple of those to you
to kind of inform where we got to in our decision. So, for our historic preservation plan,
goal number three is to heighten public awareness of historic preservation in the
community and improve preservation education efforts for various audiences. We felt
like this was definitely -- the Children's Museum was directed at an audience that we
think is crucial, that if we look at those formative years of two to eight years old, this was
a great opportunity to make the introduction of our history and -- and -- and who we are
as a city. As we looked at the citywide Comprehensive Plan there were a number of
items that we felt were addressed through this initiative. One is to develop programs
with the Meridian Development Corp, who was a part of this very early on and continues
to support it, to encourage and support development of arts, culture and educational
facilities in our Old Town. Secondly, to undertake programs that will increase the
community's awareness of its heritage and the economic, as well as the aesthetic value
of historic preservation. To encourage events and activities that celebrate the cultural
heritage of Meridian. And, lastly, to develop indoor-outdoor multiple use facilities,
recreation centers, fair grounds for a variety of recreational, educational, cultural and
sports purposes and, obviously, as a historic preservation commission we have a very
meager budget, so the ability to develop facilities is simply just way outside of our
purview and our ability to do those things. So, as we started looking at the sponsorship
opportunities, we felt it was appropriate to support the frontier exhibit, which Jacy talked
about, which is a wagon and supplies, tepees, building a teepee, which I want to do and
I do want to have my birthday there. The resident buffalo, animal pelts, log cabin and
the total cost of that was 20,000, which was outside of what we would be able to do as a
commission and we also like the idea of the public and private funding leading, that
there is a role for us to play as a city to help things, but it's not our job to pay for
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everything. So, we felt that 75 hundred dollars was -- yeah, so we thought that would
be an appropriate contribution to this project and in the scope of things that's one-third
of that 20,000 dollar exhibit, but the bigger number that Jacy and I were talking about
tonight is the two year operations budget, as well as exhibits, is almost a half a million.
So, our contribution is just very small, you know, it's only one and a half percent of that
overall two years and felt it was very appropriate, given that we are estimating 70,000
visitors being able to go through on an annual basis. So -- I'm so sorry. So, that's it.
We thought it was appropriate and if you have any questions I will try to rein it in and
answer them.
De Weerd: Thank you, Josh. Council, any questions?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I feel that every time the HPC is before us I see it over and over you guys are
a commission of doers and it's really great to see kind of the evolution of this
commission. Appreciate you bringing this before us. I do have some questions I'm
hoping to get some clarification on, so --
Evarts: Yeah.
Cavener: -- you used the word sponsorship and so to me in my world sponsorship is
like an annual type of financial request and the dollars -- I know that in the past that the
Council has increased as a result of your great work was to fund kind of permanent
things, like the app and stuff like that and so this to me doesn't appear to be that it's
permanent. Can you provide --
Evarts: It's a one time. Yeah. Seventy-five hundred dollars is -- is a one time to put the
exhibit in place and, then, they have an operating budget that maintains that and takes
care of that in the out years.
Cavener: Madam Mayor, follow up. Has it been contemplated, then, that HPC will
come back on an annual basis and ask for additional requests or have you guys
committed to -- if the city were to make these funds, it's a one time --
Evarts: We have told them that this is a one time contribution that we thought was
appropriate right now. So, there wouldn't be any expectation on our part that -- that -- or
their part that this was some kind of annual support thing from us.
Cavener: Madam Mayor, one more. Josh, if I'm -- if I'm correct is this a hundred
percent of your guys' kind of operating budget for the rest of the year?
Evarts: No. No. It's our budget -- Mr. Nary, I'm trying to remember, is it 18,000, 17,000,
something like that? So, it is a big portion. It's probably about 40 percent of our budget.
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But it's not -- it's not the whole budget. We do a lot of supportive of Meridian Historical
Society, as well as other things.
Cavener: Madam Mayor, sorry, one more. And maybe this is a question for -- for Bill.
Is this request designated to come out of the 2018 budget or is that part of --
Evarts: It's 2018. It's this year.
Cavener: -- 2019 fiscal year?
Nary: Madam Mayor, Members of the Council, Councilman Cavener, it's for the FY-18
budget. I did speak with Finance to help answer a little more of your question. The city
does do sponsorship types of things on occasion, but our CFO isn't very comfortable
with that, because the implication of sponsorship is a continuing obligation. So, if you
read the agreement it's just referred to as a contribution. It was originally presented as
a -- related specifically to one exhibit, but he was more comfortable in saying the city is
going to contribute to this under what -- what Commissioner Evarts talked about as a
contribution and didn't feel it had to be tied to the specific exhibit.
Cavener: Madam Mayor. And that's how I understood it, but when I heard the word
sponsorship I just -- I wanted to make sure that we -- we are being clear that should this
be what the Council decides to approve, it's a one time deal, not something we are
committing to multi years.
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: Awesome job, Josh. You know, I have never -- it's been a long time since we felt
so much love in this -- in this -- in this room. It's been great. It's been great to see the
passion and the excitement you guys have to get involved with the kiddos. I mean I
don't think that there is enough money that can be spent on the kiddos and so I think
this is a great use of your funds. You guys are the professionals. It's your budget. If
you feel like this is what you want to use, then, you have my support one hundred
percent.
Evarts: Thank you.
De Weerd: Any other questions or comments?
Palmer: Madam Mayor?
Cavener: Oh.
Palmer: Madam Mayor?
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Cavener: I think Council Member Palmer is reaching for the mike.
De Weerd: Mr. Palmer.
Palmer: So, I struggle anytime, really, you know, when we are spending city dollars.
It's always a hard thing for me to just say, yes, let's do and, you know, with Boise, too,
my family has an annual pass there. I anticipate we would likely do the same here.
But, you know, while it is only to provide this specific exhibit, we do have to consider
that it is the entire -- it equates to 15 families in Meridian, their entire Meridian city
portion of their property taxes. So, just thinking about it that way, I struggled to tell 15
families we are going to take everything you're paying to the city and put it to this exhibit
and I struggle with the way that we have it set up as a professional services agreement,
because my understanding is that type of agreement is typically used when we are
contracting with somebody to provide a service to the city or -- I guess you could call
this that, but under the scope of services it says in exchange for the city's and HPC's
contribution as set forth herein, the Children's Museum of Idaho shall include the city
and HPC's contribution to the Children's Museum of Idaho with other contributors to the
museum. So, that's the service they are providing, is that we are putting it in with
everybody else's contribution. Not that we are getting a service. I do -- I do like the
idea better of it being -- this is specifically what you're going to do with the money and
having them outline here is how much these materials are going to cost us to build this.
Here is how much of this exhibit is going to be constructed for 7,500 dollars per this
schedule of costs, rather than, you know, an arbitrary number of 7,500 to get most of an
exhibit or the entire exhibit, I don't know, put there. So, I love the idea. Again, you
know, my family -- I'm sure we will buy an annual pass, but I don't know that this is the
most appropriate use of tax dollars, given that we did increase tax -- everyone's tax rate.
De Weerd: Mrs. Little Roberts.
Little Roberts: Madam Mayor. Josh, thank you so much. I was -- since I work with the
preservation commission I had the privilege of being there for the very passionate
discussion regarding these funds and so they were very, very diligent, they all have a
great passion for it, but they also have a passion for what they do and why they sit on
the commission and so they were very careful to make sure that the funds that -- of
what they needed to accomplish for this year they have had some great opportunities
for doing some very wonderful things at a much reduced rate and so there was an
opportunity there to -- to go ahead and, Josh, I don't mean to overstep here, but I -- just
because I was able to just kind of sit there and listen to them and how they vetted this
out, I think it's a very thoughtful one time opportunity -- not to say it won't ever come
again, but I just feel like they have really vetted it out well and would really -- would love
to see this come to fruition and -- although it is tiny in the scheme of things, but they are
part of the Children's Museum. I think it's a really wonderful thing to do.
De Weerd: Thank you. Any further discussion? I would love to -- to share my thoughts,
but I'm on the board, so I'm trying to be unbiased.
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Evarts: Thank you.
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: If there's no further discussion, I would like to move that we go ahead
and approve the professional services agreement between the Children's Museum of
Idaho and the City of Meridian, not to exceed 7,500 dollars.
Milam: Second.
De Weerd: I have a motion and a second. Any discussion? Mr. Clerk.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, nay; Little Roberts, yea; Bernt,
yea.
De Weerd: The ayes have it.
MOTION CARRIED: FIVE AYES. ONE NAY.
B. Resolution No. 18-2102: A Resolution Re-Appointing Mark
Nelson to Seat 2 of the Solid Waste Advisory Commission
De Weerd: Thank you for the presentation and -- from both our HPC and the Children's
Museum. Okay. Item 9-B is Resolution 18-2102. This is a reappointment of Mark
Nelson on our Solid Waste Advisory Commission. Mark was appointed to fulfill a seat
from someone that had stepped down and this is reappointing him to continue that
service.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approve Resolution No. 18-2102, reappointing Mark Nelson to
seat two of the Solid Waste Advisory Commission.
Cavener: Second.
De Weerd: I have a motion and a second. If there is no discussion, Mr. Clerk.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
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C. Fuller Park Agreement with Western Ada Recreation
District (WARD )
De Weerd: Item 9-C is a discussion about the Fuller Park agreement with Western Ada
Recreation District. So, I will turn this over to Shaun. Welcome, Shaun.
Wardle: Thank you. Madam Chair, Members of the Council, Shaun Wardle, chairman
of the Western Ada Recreation District. Western Ada Recreation District was formed to
build the Meridian community pool, which it did in the 1980s and continues to operate
that facility. It also, then, acquired Fuller Park, named for a former mayor of Meridian
and the park is home to a number of great events, including in 1987 Meridian Little
League Championship, won by the Royals, coached by Mark Haws, with a -- featuring
an all star performance behind the plate, so --
Bernt: By who? From who?
Wardle: So, we are here today to talk about a consolidation in the community. We
have been having this conversation a number of times. I was here before you to talk
about the City of Meridian taking over operations of both the pool and the park, which
are WARD's major assets. The direction that we heard from -- from this body was work
with the Parks Department to find some specific answers to our questions, as well as
get a specific direction, and so I'm here today to present to you some options that we
have. You have in front you a memo from Parks Director Steve Siddoway and he is
going to talk right after me. One of the things that we talked about is the city will buy --
as you know, we had our our legal counsel review can -- can WARD do this for
consideration and so we are anticipating that the park will be committed, as well as
WARD will receive 1,000 dollars from -- from the city. The city, then, will do some
environmental inspections. Our closing is anticipated for October 1st, 2019. The PSA --
we have talked about the reason -- or the reasons that we are -- we are working on this
is to reduce the budget for the Western Ada Recreation District. We had some specific
questions on what that means for the taxpayers and so given that specific question, if
we are -- if the Western Ada Recreation District were to, in future years, reduced their
budget by the 276,000 dollars, which it currently takes to operate in a year, taxpayers
would save $2.50 per 100,000 dollars of taxable value. In addition to that, we came up
with an agreement by -- where the Western Ada Recreation District could still be
involved for the fiscal year 2019 since, we have already approved our budget and so we
are anticipating that we would enter into an agreement by which the city would begin
operating at the beginning of that fiscal year and the Western Ada Recreation District
would contribute financially to that arrangement and so you have got that in your packet
as well. And, then, again, closing on October 1st, 2019. So, those are the highlights.
Steve, you want to come up and, then, I will stand for questions after. Thank you.
Siddoway: Madam Mayor, Members of the Council, pleased to be before you tonight
and just report back that we were -- we were before you a few months ago and the
direction was to try and get together and find a way to see if we could make this transfer
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work. Some of our initial efforts to look at, you know, transferring ownership this
October 1 ran into some challenges, but we put on our creative hats and we have what -
- what we would propose before you as a potential path forward for the transfer of Fuller
Park. As was mentioned, the actual ownership transfer would happen about a year
from now, but we would enter -- starting October 1 of this year in an operations
agreement where we would take over, starting with this next fiscal year, and the -- the
maintenance, operations, programming and management of the park, in exchange for
WARD's payment to the city of their budget for the park of this fiscal year, which is
276,000. It was mentioned that the city would propose to purchase it for the -- the
thousand dollars. We would have a period of time for that diligence. The draft that you
have before you I think suggests six months. We heard back that you would like that
done sooner. So, we probably will be able to work that out before the end of this
calendar year and, then, in the next 90 days. Shaun's already talked about WARD's
commitment to reduce their budget. One of the things that works well about this is the
restroom project that's underway there. By WARD continuing to own the park, they
would continue to be able to close out that project and the warranty period over the next
year could be -- have them involved, which we would want and need. The agreement
also does anticipate WARD agreeing to the city's use of all their maintenance
equipment out at the park. Vehicles, equipment, et cetera, that we would use that
starting with this new fiscal year and the next item on the agenda would be the budget
amendment that we would need for -- to -- to get ready for those planned operations of
the park. We have talked before about possible needed capital improvements out
there. The amendment before you would not cover all of those, but it would be enough
to match the payment from WARD, so that it is a net zero budget amendment and allow
us to -- to move forward and assess what the real needs are out there. So, with that I
will stand for questions or turn the microphone back to Shaun.
De Weerd: Thank you, Steve. Council, any questions?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: One for either Steve or Bill. So, the -- the agreement calls for a date I think of
September 30th. Mr. Wardle referenced the date of October 1st. Somewhat
challenging in terms of I guess budget process and I'm just curious what date are we
going to be operating with it and is it that we do it on October 1st and we plan for it in
next year's budget process or September 30th as laid out in the agreement and you
guys would bring a budget amendment.
Siddoway: For the operations agreement portion, the intent would have it be an FY-19
budget amendment to take over October 1st. So, we would be asking for approval
tonight of that amendment, but it does not take effect until October 1.
Palmer: Madam Mayor?
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De Weerd: Mr. Palmer.
Palmer: Steve, to you and your department and Shaun, to you and your organization,
my sincerest gratitude in finding a way to make this all happen and -- and be able to
provide this service to the taxpayers and I'm -- despite the roundabout way to get there,
I'm incredibly excited to have a chance during my one and only term to have been
participating in a tax reduction. It's kind of a Christmas miracle in this building and I'm
crazy excited about it. Hope we find a way in the next year and a half to do it again
somehow, but thank you for your diligent work to -- pieces around to make this work the
way that it will.
Siddoway: Okay. Thank you.
Wardle: Thank you very much. Just a procedural item. The Western Ada Recreation
District has not approved this agreement. It is on our agenda for Thursday -- this
Thursday at noon and so we would anticipate approving the agreement at that meeting.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: To that point in the next week we will probably see final agreements on our
agenda for approval. Most likely on the 27th, so -- perhaps.
Siddoway: Mr. Nary can weigh in, but one way that we could see this moving forward is
taking any final direction from you tonight, since we don't have a -- a final draft before
you that's been approved. We could make any final tweaks and changes over the next
36 hours and get those in front of the -- the board and, then, bring it back on your
Consent Agenda and then -- unless there is a desire for an additional presentation, but
we could have that back on the agenda for next week after WARD approves it.
De Weerd: Does that sound reasonable?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Mr. Wardle, when you got up you talked a little bit about kind of plans related
to the pool and maybe you can provide this Council with any update. Is -- is there a
desire and an openness or a willingness from WARD to maybe go through a similar
exercise over the next year related to the pool?
Wardle: The answer to that is yes and I would be remiss if I did not mention that the
consensus of the board on this particular item was a little bit -- a little bit split and we --
we ultimately felt that this is a way to move forward and towards that, for this city to see
some economies of scale to make best use of the resources, but we would like to
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continue to have the conversation involving the -- the aquatic component of this. So, I --
I personally see this as step one and if there can be some efficiencies or even an
increase in service to the community of Meridian, I definitely would like to see that.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: As a 1981 third place champion in the city swim meet I would encourage those
conversations to continue as well. Soft spot in my heart.
Wardle: Third place champion.
Borton: That's what I called it. I was just a kid.
De Weerd: You finished the race. That's important.
Borton: Thanks. Appreciate that support. Madam Mayor, a couple of instructive
questions or comments and hats off to you and your board and Mr. Freeman for
creating a solution that does exactly what Councilman Palmer says, it's a tax savings.
It's a net efficiency for our community. The -- the agreement that you will have
Thursday to review, it will include the -- the restroom completion will be done at WARD's
expense during that -- this upcoming fiscal year prior to title transferring.
Wardle: Correct. And we anticipated to have that done. We have -- we have seen a
number of setbacks just based on some -- some construction issues and so we -- we
are committed to finishing that. It is currently planned for in our current budget year
paid for and we will warranty that over the course of the year as well.
Borton: And the equipment list is also included as part of the assets that are all
acquired? That title transfer is end of -- or September 30th of '19 as well, along with the
real property?
Wardle: Correct. And I -- we haven't heard that the Parks Department didn't want any
-- okay. We should be good.
Borton: Great. Thank you.
De Weerd: No further questions? Any other questions? So, we will move to the
discussion under the budget amendment and, Steve, do you have additional comment?
Siddoway: I will make it brief, because it was basically just presented, but you have
before you a proposed FY-19 budget amendment that will match the 276,000 dollar
payment from WARD. This will allow us to feed our planning to take this over October 1
and, as I mentioned, the amount for the capital have been adjusted to make it a net
zero, that payment coming from WARD and I will stand for any questions.
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De Weerd: Okay.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I guess one question for Steve. Mr. Wardle talked about WARD's willingness
to explore kind of going to more process with the pool that we went through with the
park. Do you feel like you and your staff are equipped to be able to go through kind of a
similar evaluation process like you went through with Fuller Park?
Siddoway: We can certainly go through an evaluation process.
De Weerd: Okay. Any other questions or comments?
D. Budget Amendment for Fuller Park Operating and Capital Not
to Exceed $276,000
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: I move that we approve the budget amendment for Fuller Park operating capital
not to exceed 276,000 dollars.
Milam: Second.
De Weerd: I have a motion and a second. Just to note for the record that this budget
amendment is for the 2019 budget year. Any discussion? Mr. Clerk.
Coles: Thank you, Madam Mayor. Council Member Milam?
Milam: Madam Mayor? Sorry. So, we are approving an amendment before we
approve the contract, which seems a little odd unless we have some language in there
that, obviously, is specifically related to approval of the final contract.
De Weerd: I think you could make it contingent upon the signing of the final contract. I
think the reason you have the budget amendment tonight is to have authority to post job
openings.
Milam: Madam Mayor? And I'm not against it, obviously, I just wanted to be clear on
this. The intent.
De Weerd: That's implied by the motion and that it's not good until the 2019 budget
year.
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Milam: Thank you.
De Weerd: Okay.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes. Thank you.
MOTION CARRIED: ALL AYES.
De Weerd: Thanks, Mark. Thanks, Shaun. Thanks, Steve. Okay. We are going into
our land use part of our Action Items. There is a description in the agenda that talks
about our -- our public hearing process. Just to walk you through it, we will ask for staff
comments on each of these agenda items prior to asking the applicant to present. They
will present their -- their evaluation of the -- the application and what happened at our
Planning and Zoning meeting, followed by the applicant that you will have up to 15
minutes to talk about the application and give any additional information. Public
testimony than follows that and we ask that the comments are limited to three minutes
each and there is a timer on the -- the screen that is at the podium, so you can kind of
see how much time is -- is left. The application -- or the applicant always has the final
word and, then, staff or Council will ask questions of any of those that testify and the
applicant or -- and have discussion and I do think it's important to note that there is a
very healthy public record on many of these applications that Council in advance had an
opportunity to review, which is part of the consideration on the action that they take.
E. Public Hearing for Howry Lane Subdivision No. 1 H-2018-0063
by M3 Companies, LLC , Located at 12855 W. Auckland St.
1. Request: Vacation of the northwesterly 5 feet of the 10 foot
wide public utility easement on the southeasterly boundary
of Lot 3, Block 4
De Weerd: So, with that said, I will ask for -- to open the public hearing on Item 9-E,
which is H-2018-0063. I will open this public hearing with staff comments.
Allen: Madam Mayor, Members of the Council, the application before you is a request
for a vacation. This site is located at 12855 West Auckland Street and is zoned R-8.
The final plat depicting the portion of the easement proposed to be vacated was
recorded in 2017. The applicant is requesting approval to vacate the northwesterly five
feet of the existing ten foot wide public utilities on the southeasterly boundary of Lot 3,
Block 4, Howry Lane Subdivision No. 1. There are no existing utilities within the portion
proposed to be vacated. The easement holders have all submitted written consent
agreeing to vacate a portion of the existing easement as proposed. The applicant
states that during design of the product a pressurized irrigation line was to be located in
the easement. The line has since been relocated and the ten foot wide easement width
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is no longer necessary. In order to provide more floor plan options, the applicant
requests approval to vacate a portion of the easement as proposed. Written testimony
has been received from Kristi Watkins, JUB Engineers, which is the applicant's
representative, and she is in agreement with the staff report. Staff is recommending
approval.
De Weerd: Thank you. Council, any questions? Okay. Is the applicant here? Good
evening. If you will, please, state your name and address for the record.
Shrief: Good evening, Mayor and Council Members. Wendy Shrief with JUB Engineers
and my business address is 250 Beachwood Avenue in Boise, Idaho. Again, we are in
agreement with the staff report. This is a pretty simple vacation of an easement. We
have written notification and -- that the utility providers are amenable to this reduction.
We have an existing ten foot easement. We are just requesting to reduce that down to
five feet. So, any questions? And, hopefully, have this finished this evening. Thank
you.
De Weerd: Thank you. Mr. Clerk, is there anyone signed up under this item?
Coles: Thank you, Madam Mayor. We did have one sign up for this item. Marion
Taylor, signified against, but no indication of testimony.
De Weerd: Okay. Is there anyone who would like to provide testimony on this item?
Okay.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Move we close the public hearing on H-2018-0063.
Cavener: Second.
De Weerd: I have a motion and a second to close the public hearing. All those in favor
say aye. All ayes.
MOTION CARRIED: ALL AYES.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move we approve H-2018-0063.
Little Roberts: Second.
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De Weerd: I have a motion and a second to approve Item 9-E. Is there any discussion
on this motion? Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
F. Public Hearing for Whitecliffe Estates Subdivision (H-2018-
0074) by 4345 Linder Road, LLC Located at 943 W. McMillan
Rd.
1. Request: Annexation and Zoning of 40.6 Acres of Land to
the R-4 Zoning District; and
2. Request: Preliminary Plat Consisting of 128 Single Family
Residential Lots and 10 Common Lots on Approximately
40.6 Acres of Land in the Proposed R-4 Zoning District
De Weerd: Okay. Item 9-F is a public hearing on H-2018-0074. I will open this public
hearing with staff comments.
Beach: Thank you, Madam Mayor, Members of the Council. I'm just initially showing
you the general location of this. Near the intersection of Ustick and Linder -- or, excuse
me, McMillan and Linder. So, this is a -- the property consists of 40.6 acres of land. Go
back to the PowerPoint. Currently zoned RUT within Ada county, located at 943 West
McMillan Road. There is no current history with the city on this property.
Comprehensive Plan future land use map designation is medium density residential and
office. The applicant is requesting to be -- to be annexed to the R-4 zoning district, as
you see on the zoning map in front of you the majority of the property around this is
zoned R-8, with the exception of an office park directly to the east. The proposed plat,
as I will show you here, consists of 128 building lots and ten common lots and, as I said,
40.6 acres of land in a proposed R-4 zoning district. The property is proposed to
develop in three phases. The gross density of the subdivision is 3.15 dwelling units per
acre. A m inimum lot size of 8,000 square feet and an average of 9,178 square feet.
There -- there is an existing residence and associated structures that the applicant is
proposing to remove from property as part of the project and the applicant will remove
the structures prior to the first -- first approval of the first final plat. Access. The
applicant is requesting to -- an exemption from Council to allow for direct access to
West McMillan Road. The applicant is also proposing to provide access from the
extension of four other stub streets to the surrounding subdivisions. There are two
common driveways proposed for the development and required to be constructed in
accord with the UDC. A 25 foot landscape buffer is required along McMillan Road,
which is considered an arterial. The applicant is also providing a ten foot compacted
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gravel shoulder from the edge of pavement along McMillan Road to landscape the
remainder with lawn and vegetative ground cover. In order to link subdivisions together
staff is of the opinion that a micro path lot should be included in the plat to connect to
the Cobblefield Crossing Subdivision, which is to the west. The micro path lot should be
located between Lots 5 and 6 of Block 6 and the applicant shall coordinate with the
Cobblefield Crossing HOA in order to link up the pathways and subdivisions together.
So, let me go back to the aerial and show you. You can see here on the westhand side
there is a pathway proposed there and the reason staff is recommending that is
because we typically like to join common lots together if at all possible. So, there is a
common lot, again, in the Cobblefield Crossing Subdivision to the west and staff thinks
that if that were connected it would help facilitate -- facilitate connectivity between the
two subdivisions and, again, further to the east and to the south. The Lemp Canal
traverses the north property. Per UDC all irrigation laterals or canals, exclusive natural
waterways and the water base being used as amenities, which intersect, cross, or lie
within an area that's being subdivided shall be covered. The applicant is seeking a
waiver from Council to allow the Lemp Canal to remain untiled due to the size of the
facility and you can see the Lemp Canal would be directly on the north side of the -- of
the project. A minimum of ten percent qualified open space is required per the UDC.
Here is the plat, which is 40.6 acres. A minimum of 4.06 acres of qualified open space
required is provided by -- is required by the UDC. A total of 4.78 acres or 10.05 percent
is being proposed, which consists of half a street buffer along West McMillan Road and
internal common open space areas, which comply with that requirement.
Developments consisting of five acres or more require open space as I said and so this
-- in this case, based on the area of the plat, which is again 40.6 acres, there is a
requirement of two qualified site amenities to be provided. The applicant is proposing to
provide a children's play structure, internal pathways, and a shuffleboard court as
amenities for the subdivision. Proposed amenities -- excuse me. The proposed
building elevations appear to consist of a mix of stone with architectural shingles are
presented here and the applicant is required to comply with the rear and sides of
structures that face the arterial. Incorporate articulation to changes in two or more of
the following: Modulation, bays, porches, balconies, material types or other integrated
architectural elements to break up monotonous wall plains and roof lines and we do this
specifically for arterial roadways. There is some architectural features of the face to add
interest. Commission did recommend approval. The applicant was in favor. Becky
McKay was in favor. Jody McMillan was the only commenter and she was also in
opposition. Written testimony was received by Richard Kepler. Bill Parsons presented
the staff report at the Planning and Zoning Commission. There were no other staff
comments. Key issues of public testimony were how the development will contribute to
the overcrowding of the area schools. Key issues of discussion by the Commission
were whether the direct access to McMillan should remain as part of the project and the
appropriateness of connecting a pedestrian pathway to the common lot located in the
subdivision to the west. Commission changes to the -- to staff recommendations were
they modified Condition 1.1.1A1 to read as follows: Prior to City Council hearing the
applicant shall coordinate with the adjacent HOA to see if they are amenable to having a
pathway connection to their common lot. I did receive an e-mail from the applicant that
indicated she had discussed this with that adjacent HOA. I will let her discuss what she
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was able to find out. They also removed Condition 1.1.1A2, 1.1.3A and 1.1.3F and
modify Condition 1.2.1 to read comply with all use and development standards of the R-
4 for zoning district. We had inadvertently required them to comply with the R-8 zoning
district, which is not what they are asking for. The applicant is also requesting direct
access to West McMillan Road, which is an outstanding issue from Council as well, to
leave the Lemp Canal untiled. We did not receive any other written testimony since the
Commission hearing and I will stand for any questions.
De Weerd: Council, any questions? Okay. Seeing none, at this time is the applicant
here? Good evening. If you will, please, state your name and address for the record.
McKay: Good evening, Madam Mayor, Members of the Council. Becky McKay with
Engineering Solutions. Business address 1029 North Rosario, Meridian. Madam
Mayor, my condolences go out to you and your family for your loss.
De Weerd: Thank you.
McKay: I know it's a tough time. My dad had a stroke a couple weeks ago, so I
understand what you've gone through. Luckily he's improving. I'm here this evening for
Whitecliffe Estates. As Josh indicated, the property is located just south of McMillan
Road and just east of Linder. It's a 40 acre parcel. However, it is an in-fill parcel. It's
completely developed all the way around it. You have Paramount Subdivision to the
north. Cedar Springs to the east. Cobblefield Crossing to the west and Baldwin Park
No. 6 to the south. All the zoning around us is either R-8 or L-O. There is an office
complex right here. As far as the lot sizes, we have a variety of lot sizes that adjoin us.
They range from 4,000 to 6,000 in Cobblefield and 6,500 square feet in Baldwin Park,
7,800 along Paramount's boundary here on the north side and, then, Cedar Springs we
have about 7,400 to 7,700 square feet. The applicant on this particular project is Todd
Amyx. I have done multiple projects for Mr. Amyx over the past years and also did
projects for his dad. I have worked for that family for 25 years. They -- they do larger
lots and that's why we decided that the R-4 designation was appropriate. As Josh
indicated, our minimum lot size is 8,000 square feet. Our average lot size is around
9,170 square feet. That's basically necessary to accommodate the homes that Mr.
Amyx and his building team construct. They built Decatur Estates, which I think is
called Sawtooth Creek along Linder Road just to the west and Alpine Point, which is
along Eagle Road. In this particular project we did have some challenges. The Settlers
main canal runs parallel with McMillan Road. The canal is -- would require a 72 inch
RCP to pipe it, so it is cost prohibitive to pipe that facility. I did have multiple
discussions with Mack Myers at Settlers Irrigation District as far as what he will allow us
to do. They have concrete lined this section. He's comfortable with a vehicular crossing
right here at McMillan Road and, then, he's indicated that he will allow us to landscape
up to the top of bank with grass and shrubs and sprinklers and, then, we would be able
to install landscaping outside his easement as far as trees are concerned and, then,
fencing. Maintenance for the Settlers main canal is along McMillan Road. So, what I
have done -- I started it was Bridgetower when I did the Bridgetower project where we
worked with Settlers to leave the canal intact. We used like a three foot fence that we
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put at the -- at the edge and, then, we had our sidewalk and that kept the little guys,
bicyclers from going into the canal. Some of the other developments along that
McMillan corridor emulated that. It's worked well and Settlers likes it, because,
obviously, it keeps the small toddlers and bicyclers from accidentally getting into the
waterway, but yet the waterway is visible and accessible and maintainable by the
district. We had some challenges as far as -- this particular site has four stub streets.
One on the south at Baldwin Park, two in Cobblefield and one in Cedar Springs. So, in
my design my primary concern was not to create cut through traffic from any of these
other developments, but, obviously, to augment that interconnectivity and based on the
number of trips that we would generate we did have a traffic study that was done on the
project submitted to ACHD and approved by ACHD. Our particular project will generate
approximately 1,208 vehicle trips per day. So, really, I generate enough trips to warrant
my own access to McMillan Road. ACHD evaluated that from Fox Run to my entrance.
It is in excess of 700 feet. ACHD in their staff report indicated the location of the
proposed main entrance to the subdivision Buckstone Avenue meets district policy and
should be approved. So, we are asking the Council for approval of a waiver for a
primary access to McMillan Road. I do not have any competing approaches across the
street. So, as far as safety purposes this will be operating at a level of service C.
However, I still am making connections to the adjoining developments and when I did
my neighborhood meeting we did have a pretty good turnout from those neighbors.
They were all supportive of the lower density, the larger lots and they liked the fact that
we had our own independent access and their comment to me was if you did not have
your own independent access to McMillan we would really object to the development,
because we don't want to bear the burden of their traffic. My lot sizes range from 8,000
to 17,000, square feet. As you can see here is the -- the parcel right here. This is a
copy of the color rendering. One of the things that we did here is we consolidated our
open space, so our primary open space lot here is 2.44 acres. The Planning and
Zoning Commission commended us on consolidation of our open space, instead of
spreading it out into smaller parcels, because that gives us the ability to construct -- we
will be constructing a -- a lined pond. It will have aerators in it. It will also function for
storage of our 24 hour water right. The McKinney Lateral is piped with a 15 inch pipe,
comes down through Cedar Springs and, then, we will bring it over and that will be our
irrigation feed and our pump station will be located here with an overflow back to the
Settlers main canal. Our amenity -- we have pathways that will be coming through here.
You can see we have micro paths and linkage both to east, west, north and south. We
will have play equipment here, a gazebo, and, then, in the southern part we have a
secondary pocket park that links both north and south into the west. That's .64 acres
and down there we will have a yard shuffleboard court. Let's see. There we go.
Getting excited. That kind of gives you a list. As Josh indicated we have a total of 4.11
acres of eligible open space. We do exceed the ten percent. I have a list here of all of
our amenities that we are proposing. This shows you kind of a blow up of that open
space area and what we are proposing. So, we will have ample area -- lawn area for
kids to play and -- and recreate. Oops. This is the southern portion. As you can see
there is the shuffleboard court and, then, we will have lawn area and micro paths. This
is just a copy of our plat. We -- we are asking for a step down in density, because on
your Comprehensive Plan this is designated medium density residential, three to eight
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dwelling units per acre. I'm at 3.15 on my gross density. So, it is a step down. But as
you can see the homes that are proposed in here do require lots of -- of this depth and
width. Lot sizes range from 70 to 75 feet up and, then, 115 up to like 129 feet in depth.
These are -- are the houses that -- that the builder team likes to build. These are
three car garage. They will be a combination of single story and two story. Here is
another example. One issue that came up in the staff report is they did ask us to
provide a micro path to the west linking the Cobblefield development. I did revise my
landscape plan and my preliminary plat to include that. I contacted AMI, who is the
management company for Cobblefield Estates. I spoke with Annette Asche and she
said that the Cobblefield residents are very protective of their open space, that she
would be surprised if they would allow us to make connection to their private open
space, that some residents had voiced concerns about the fact that this property would
develop in 2019, because their realtors had told them the property wouldn't develop for
at least two to three years guaranteed. And so she said I will take it to the board and I
will bring it up and see what they say. We are not opposed to providing the connection,
it's just -- the problem is they really don't have a micro path. As you can see their
pathway is offset about 20 feet from the boundary. So, what I would do is I would just
stub my micro path and, then, we could get interconnection. In looking at the two stub
streets, if these stub streets did not exist I would say that this micro path would be more
important than it is, but I do have two public street connections to the west, which would
also double as pedestrian access and interconnectivity. This project has more stub
streets than most and we feel that, you know, as far as these neighborhoods, being able
to integrate and -- and connect and converse with each other, we have -- we have done
a great job and, like I said, the street -- the street layouts that I have keep people from
driving straight through and this becoming a -- you know, kind of a de facto collector
roadway. So, I'm in agreement with all the conditions as modified by the Planning and
Zoning Commission. The only exception would be on the micro path. I had a
discussion with Josh earlier and I said, you know, if some language were put in there
that we are encouraged to work with Cobblefield to try to make the micro path
connection happen, we are -- we are comfortable with that. I just can't have a mandate
when I don't control their private open space and they can, obviously, tell me no and I
had that happen at Bellano Creek. I built a micro path to nowhere, because
Bridgetower -- the city required me to build a micro path to the north, so people could
walk to Gino's easily and Bridgetower's HOA denied removal of the fence to connect the
two developments. So, I have a micro path to nowhere. I would rather use those
dollars to put in better play equipment, other amenities, so I guess the two issues that
are critical before you is I'm asking for a waiver, obviously, not to pipe the Settlers
Canal. Secondly, I'm asking for direct vehicular access to McMillan Road, but from a
safety perspective and from what the neighbors wish, I think it makes sense. The
Planning and Zoning Commission was unanimous and was fully supportive of an
independent access and it just really makes it hard for us -- for construction traffic and
for marketability to not have an independent access for a project of this size. If it were
small I could understand it, but being 40 acres I -- it -- it warrants its own -- it generates
enough that that this -- this is a collector. It's over a thousand trips. Can I answer any
questions?
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De Weerd: Thank you, Becky. Council, any questions for the applicant at this time?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Hi, Becky. So, if you don't put in the micro path, what extra amenities are you
prepared to throw in?
McKay: I would say bigger play equipment. They are getting more expensive. Over
time, that's what -- that's what I would propose, that they build even more elaborate play
equipment.
Milam: More elaborate. Okay. Thank you.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Becky, what's -- what's your landscape plans around your irrigation pond?
Obviously, I recognize the importance of that. It's close proximity to the -- to the
playground. Always gives me just a little bit of caution about creating an attractive
nuisance for -- for kids to either get into the pond and hurt themselves and I know it
looks like to the north you have got some fencing, but I think that's along your pathway.
So, I'm curious about what -- what your plans are there in terms of landscape or fencing
around the pond.
McKay: Madam Mayor, Councilman Cavener, that's a very good question. We placed
the play equipment at the furthest point. We did a similar pond in Decatur or Sawtooth
Creek that we also had a pedestrian pathway that lead over to the middle school. So,
what we ended up doing with that pond was we put in wrought iron fencing, so, one, you
get the aesthetic beauty of the pond, the fountain and aerators, but yet you have that
safety factor. Now, we -- you know, when we do these ponds we do create a safety
shelf in the event that a child does get down there, so it's not a -- you know, just a drop
off that it -- basically the safety shelf goes out for a certain distance and, then, it drops
down. Typically these ponds are six, eight feet in depth, because it's -- this is not in
groundwater if we line it. Getting groundwater in those are like 20 feet deep --
Cavener: Yeah.
McKay: -- but the -- the wrought iron safety fencing worked very well around Decatur,
because I was concerned, it was next to a ped path, that a kid might just, you know, not
be paying attention, go off the path, the bike goes into the pond and we have an
accident. So, that's what we did in that instance.
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Cavener: Madam Mayor? Becky, then, clarification. I don't think that you're
suggesting, but is it your plan to wrap the whole pond in the fencing or just the part that
runs along the pathway?
McKay: We could -- we could do it just along here or just along these edges, because
we will have, you know, fencing here. It would look kind of funny if we had fencing
along the rear of the lots and, then, fencing again on the side of the pond, but we could
do, you know, something like a four foot -- I think we did a four foot wrought iron fencing
at Decatur Estates. So, it's -- the pond is visible and it's safe and -- and the necessity
for the pond is due to the delivery of water through the McKinney Lateral. We are at the
end of the McKinney and so Settlers Irrigation District said you will need to store water
in order to meet peak demand.
Cavener: Thank you.
De Weerd: Any other questions at this point? Mr. Bernt.
Bernt: No questions.
De Weerd: Okay.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Real quick, Becky. The adjacent developments on McMillan, they haven't tiled
the Lemp Canal either, have they?
McKay: No, sir.
Borton: Yeah.
McKay: It's open. And they -- according to Matt Myers, he allowed them to turf right up
to top of bank on the south side and as far -- I have a 47 foot separate lot and it's 40
feet from my rear of lot to top of bank. So, I would have 40 feet of green space.
Borton: Okay. Couple other questions or comments. If I recall right, the -- the access
to McMillan has accel and decel lanes as part of it.
McKay: Yes . The traffic study -- Madam Mayor and Councilman Borton, apologize.
The traffic study and the ACHD report are asking me to widen McMillan to 17 feet from
centerline, install five foot detached sidewalk on the south side of the Settlers Canal
and, then, I will build a westbound turn lane.
Borton: Are there -- Madam Mayor? Are there the deceleration lanes as well as you
turn into it?
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McKay: Yes. It will be a westbound turn lane. So, it would be a left in. But we will be
widening --
Borton: Yeah.
McKay: -- we will widen McMillan there to 17 feet from center line, which is -- that's I
think for their three lane minor arterial.
Borton: Okay. Madam Mayor. But not a separate decel lane necessarily.
McKay: No. A left turn bay is what that is -- what is warranted.
Borton: Okay. Madam Mayor, less -- it's more of a comment than a question. On the
micro path --
McKay: Yes, sir.
Borton: -- I think it's well intentioned, but it's really problematic. Even if -- even if you
say encouraged and it's built, because an HOA can change their mind and install a
fence five years down the road, it really just seems to invite this community to use the
amenities of a neighboring private community and I have seen those fences go up as
well and it just invites frustrated neighbors on both sides, so --
McKay: Madam Mayor and Councilman Borton -- and that -- that was pretty much what
Annette told me. She said I will take it to the board, but I'm pretty confident the answer
will be no.
Borton: And, Madam Mayor, the concern I have is if they say yes and, then, in 2024 the
board says no and puts up a fence.
McKay: Yeah.
Borton: Right? I mean that's really the risk and now you have got it built. So, it doesn't
make sense to expend the -- the resources in light of that real risk.
McKay: Okay. That's my thought on the pathway.
De Weerd: Okay. Any other questions? Okay. Thank you.
McKay: Thank you.
De Weerd: Mr. Clerk.
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Coles: Thank you, Madam Mayor. Jody McMillan signed up against and wanting to
testify this evening. I don't see Jody. Also Sam and Cindy Dorazio signed up against,
wishing to testify.
De Weerd: Yes, please. You need to -- to come up front. It's all right. We all have our
first. If you will, please, state your name and address for the record.
Dorazio: My name is Cynthia Dorazio and our address is 1249 West Tida Street. That
is right in Cobblestone Crossing and I think where they are suggesting this pathway is
right where our home is I'm pretty sure and when -- we bought our house last year and
we like the idea of our little cul-de-sac and way to the pool and I feel -- I'm against that
being opened up there for other people to go through. Also I -- we are very concerned
about the traffic. We -- when we are coming off of McMillan we go into Zachary Way
and Zachary Way -- there is only two lanes, so there -- I could -- we already got the
apartment complex that's going in. We don't know when that's going to open up. I'm
not sure when. But I can't -- we can't see how that traffic just could be bearable. We
only have a couple ways to get out and one of the main part is McNulty. So, I can't see
how it's even going to be bearable around there. Those apartments -- I think there is
200 and something homes -- apartments going in across the street from the same area
that they are going to be building in. I know I might be a little late for all this, but it's a
big concern about the roads, the traffic. It's -- it's sad to think that they are going to take
that piece and, you know, turn it into another -- I mean it's the traffic. We are very
concerned about the traffic. And that's all I have to say.
De Weerd: Thank you, Cynthia.
Dorazio: Thank you.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener. Cynthia.
Cavener: Cynthia, would you answer -- would you mind answering a question? Thank
you. First, welcome to Meridian.
Dorazio: Thank you.
Cavener: We are happy to have you here and thanks for coming to our City Council.
Dorazio: Thank you.
Cavener: So, one of the things that I try and look at when I'm looking at these pathways
is to provide opportunities for students to be able to walk or ride their bike to school,
because one of the things that I see that frustrates me is parents who drive their kids to
school who could walk or ride their bike and so you brought up I think two very valid
concerns. One about being concerned about people accessing along that path in your
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cul-de-sac and, then, traffic. So, I'm just curious, from your perspective of somebody
who lives over there, would you rather have more cars going through the streets in your
neighborhood or youth riding their bikes or walking along that pathway to get to school?
Dorazio: Definitely the bikes.
Cavener: Okay.
Dorazio: I don't approve of the whole thing going in there is what I'm saying. The whole
thing.
Cavener: Okay.
Dorazio: It's -- it's too much for that. I don't understand how they can widen McMillan.
There is the canal and, then, there is the new apartments and there is Paramount. I
don't see how they are going to -- does anyone have an answer for me? Becky -- was it
Becky that was just talking -- of how this will be possible for us to be able to get to work
on time without having to leave -- you know, I just don't see --
Cavener: Madam Mayor, just one more. What would you think you -- what would you --
or what would you like to see done with, then, that land? I mean it seems to me it's a
little --
Dorazio: I haven't thought about it yet as far as that. Like I said, I just -- we just moved
in there and liked the idea that that was a nice quiet area there. Of course, things are
going to change, but I would think the roads should be done first. That's how I feel. The
road should be widened before. Otherwise what are we going to be looking at after it's
too late. So, that's my concern.
Cavener: Thanks for being here. I really appreciate your testimony.
De Weerd: Thank you for your comments.
Coles: There were no other signups.
De Weerd: Okay. This is a public hearing on item 9-F. Yes, please. Hi, Denise. If you
will, please, state your name and address for the record.
LaFever: My name is Denise LaFever. I live at 6706 North Salvia Way. And my mom
actually lives in Baldwin Park and I spend a lot of time walking around the
neighborhoods with my mom and I, for one, like the fact that this is single family homes.
It's compatible use. It has a good transition of the subdivisions. It has nice size lots
and, yes, I have seen the Sawtooth neighborhood and I thought the quality of the
homes that are being built over there are really nice. I do have one little bit of a
question that -- in Spurwing where I live the irrigation ponds -- the people are confused.
They think it's an amenity and it -- and the level goes up and down. So, the question I
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have is what is going to be done to keep that level so it doesn't go all the way down and
it appears to be a pond. So, you know especially since it's an amenity. But overall I
think it's really nice. The canal -- I have walked up and down that canal. It's beautiful.
Overall it's -- it's a -- I think it's a nice looking job. The one comment that I do have back
on one of those is we are going through that new Comprehensive Plan and a lot of the
feedback that I hear over and over again is about the amount of open space. You know,
I think in some ways the size of lots compensates for the -- the 10.11 percent open
space, but I'm really thrilled to see an R-4 development. So, I think it's great.
De Weerd: Thank you, Denise. Anyone else wish to testify on this application? Okay.
Seeing none, would the applicant like to make additional comment?
McKay: Becky McKay with Engineering Solutions. I would just like to thank Cynthia for,
obviously, helping us understand, you know, as a resident that's right there on our
western boundary what her -- her thoughts are about the pathway and, obviously, you
know, privacy is her number one concern. Concerning the traffic, you know, with our
independent access to McMillan Road, as far as the need to use Zachary Way, which
currently has 417 vehicle trips per day, so it is a local street, you know, we will have our
own independent access. That interconnectivity you do get some traffic back and forth,
but whereas we have our own easy access, I don't see that that's going to put any
undue burden upon them. In the traffic study, based on -- as far as employment
centers, it's estimated that 60 percent of our traffic will go east, 40 percent will go west.
As far as the density, she says she's concerned about the -- you know, the number of
dwelling units. 3.15 is about as low as -- as we can affordably go with the cost for
improvements and for -- as far as the -- the cost of land. And Cobblefield, as far as their
density is concerned, their lots or 4,000 to 6,000 square feet. So, their density has got
to be well up into the fours in order to achieve that. We will be widening McMillan Road.
Her comment was I would like to see the roads widened. We will be widening it. We
will be building turn lanes. We will be building sidewalks. And so I think, you know, we
are doing what we can to mitigate for our impact in this particular area. But I think it's a
good fit, because you have got a lot of R-8 and now you have an R-4 component with
9,000 square foot lots and I think that's what Meridian wants is balance. They don't
want all R-8 or all R-4 or all R-2. We want balance. As far as Ms. LaFever's comment
on the water level in that pond, it will fluctuate, obviously, depending on the delivery.
But the -- during irrigation season we will store that 24 hour water rate -- or water right
and, then, try to keep that pond at a specific level and, then, it will have an overflow to
the Settlers Canal. During the winter months there wouldn't be any water in it, because
the purpose is -- or just a minimal amount, unless we put rainwater into it, which
typically if we line them we do not. So, I mean it's -- it's there for a function, but it also is
there for a passive amenity. We will make sure that in the CC&Rs that it's very clear
that the pond will fluctuate and that its purpose is for storage of irrigation water. Thank
you. And I ask that you approve the project this evening. Thank you.
De Weerd: Thank you, Becky. Council, any follow-up questions for the applicant?
Cavener: Madam Mayor?
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De Weerd: Mr. Cavener.
Cavener: One more. And it goes back to Condition 1.1.1A1 about the -- the pathway
and seeing if the -- if the HOA -- adjacent HOA is amenable to the connection before our
meeting. So, I'm just -- I didn't hear that we have necessarily presented to the HOA
about if they are or if they are not, just that we talked to the HOA management company
and they kind of gave you an estimation.
McKay: Madam Mayor, Councilman Cavener, that -- that is correct. We had to go
through their management company and that's typically our point of contact to these
HOAs, because that's what they pay them for, and she said that she knows the board
very well and that she would bring it up, but she was convinced that it was highly
unlikely they would allow us to make that connection. So, all I ask is -- I have -- I have
met the condition that the Planning and Zoning Commission placed upon me that I
needed to contact whoever, you know, was in charge of the HOA, which we did, and
see what their thoughts are on the connection. So, if you want to, you know, change
that language to encourage the applicant to coordinate with the HOA and make that
connection, if possible, I'm comfortable with that. Obviously, we heard from one
resident that they don't want it and she lives right next to it. So, I'm sure, you know, they
are going to listen to the residents over, you know, what we have to say.
Borton: Madam Mayor? Becky, I'm hearing everything you're saying. I guess there is a
difference, though, to me about coming back with an answer from the HOA, as opposed
to have just presented to the HOA manager. So, it puts us in a challenging spot. We
hear from -- from -- from one citizen, we have always heard from you, it doesn't sound
like that you're incredibly supportive of the pathway, but that the request was to come
back from an answer from the HOA. And where we don't have that it's hard for us to
make a decision one way or another on that particular element. Do you see what I'm
saying?
McKay: I understand, but I mean we -- we have to go through these management
companies. That's how we interact, because they pay them. We don't have phone
numbers for board members or access to them. We go to the management companies.
This -- Annette told me she knows the board very well, she knows their feelings, and
she said they are very protective of their open space and she said I'm telling you right
now that don't hold your breath, because I don't see this happening, but she said I will
take it to the board. Now, as far as this pedestrian pathway, it's redundant. We have
two public street connections on the west side. If this were the only opportunity for
pedestrian interconnectivity I would see -- see it as more critical, but this is almost a
redundant connection when you have two public streets, one on the north, one on the
south. I mean where they are -- staff is asking me to put it is over near the home and
their pool, so they don't, obviously, want to encourage our children within our
neighborhood to go to their pool facility. I have been in these battles before between
HOAs, they -- I have never had one open up their arms and go, yes, let's -- let's play
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nice and your kids can use our pool and our kids can use your playground and bring
your dogs over and walk. It's usually the opposite. No way, Jose.
Bernt: Madam Mayor?
McKay: So, I know what the answer will be.
De Weerd: Mr. Bernt.
Bernt: I would agree with Councilman Borton on this issue, along with Ms. McKay. I
just think that it's somewhat of a moot point. I just feel like not only is there one street,
there is two, and so if kiddos need to go from one subdivision to the next it's -- it's really
easy to do and schools and friends, play, whatever the case may be -- if there was -- if
there was -- if there was a lack of connectivity to the west I think that this -- this would
be about what it's like and I didn't -- and in this case I just don't think it's -- I would -- I
would -- I would agree with you, Becky, that it's likely not going to be approved and I
guess it's sort of a moot point in my opinion, so I'm in agreement.
McKay: Thank you, sir.
Bernt: Becky. Sorry. One more last question. Madam Mayor. Would you -- would you
-- I don't -- we were talking about a possible fence around the -- the pond area. Would
you be willing to agree to put a fence around it just for safety precaution?
McKay: Absolutely.
De Weerd: Okay. Any other questions? Mr. Palmer?
Palmer: I don't know if I have any questions, but quite a few comments. The -- not tiling
the canal, that makes sense. We do that all the time. Obviously, connecting to
McMillan makes the most sense for everybody. When I look at the micro path idea, I
mean the neighbors to the west, I can't think of a scenario in which it would be
advantageous for the neighbors to the west to want to use it to go east and so I can't
figure out why there would be any desire for them to want to connect to it. As it exists --
I'm trying to guess which one the pathway would be in here. It looks like -- it's not really
a big safety concern of, you know, pedestrian safety not having that access to that other
pathway and that kids or anybody else would only have to pass one, two, three, four,
five houses one way or the other worth of being on a sidewalk adjacent to a local street.
So, I don't see it as -- as a huge gain in pedestrian safety. When it comes to fencing the
canal, the city itself, we build canal -- we build ponds in our parks -- not always probably
right next or within that same distance from play sets, but we also build pathways along
extremely dangerous canals that we are encouraging families and children to use. So, I
think the -- the safety level of -- of what the city builds next to canals is far more
dangerous than the -- the stagnant, but aerated irrigation pond that's proposed here.
So, I don't know that the fence would be necessary. She's expressed a willingness to
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build it. I think if I lived there I would rather not have a fence blocking the view of the
potential amenity there. So, I'm in favor of it without -- or with those comments in mind.
De Weerd: Thank you. Okay. Any further questions for the applicant? If not, I would
entertain a motion to close the public hearing.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: I move we close the public hearing on Item 9-F.
Cavener: Second.
De Weerd: I have a motion and a second to close the public hearing on 9-F. All those
in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
De Weerd: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: I move we approve H-2018-0074, waving the requirement to tile the canal,
providing the waiver or whatever it would be necessary to be able to make the
connection to McMillan. Removing the requirement to construct the micropath
discussed on the west side and not requiring the fencing of the irrigation pond.
Cavener: Second.
De Weerd: Okay. I have a motion and a second. Any discussion?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Just real brief. I'm supportive of -- of the motion. I think that ultimately we
should let that adjacent neighborhood make the decision they want. I appreciate staff's
recommendation. I think it's the right recommendation. That said, I think this is a great
development. A pathway is not the hill that I want to die on this evening. Personally, I
really discourage looking at water retention ponds as amenities. I think they sometimes
create more nuisances than value they provide to the community. Again, what I see
here I think is a good piece of in-fill development that will serve that area well, provide
that pathway connectivity along McMillan for everybody. So, I'm supportive of the
motion. Thought it was important to share some of my thoughts.
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De Weerd: Any further discussion? Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
G. Public Hearing Continued from July 17, 2018 for Timber Creek
Recycling (H-2018-0042) by Michael Murgoitio located at 7965
S . Locust Grove Rd.
1. Request: Amendment to the Development Agreement to
include the following: expansion of the existing recycling
business to allow a commercial composting component;
recycling of additional materials (i.e. food waste, garden
waste, demolition debris, and other materials in the same
category); utilization of equipment (i.e. loaders, excavators,
conveyors, trommels , hopper boxes , air
systems/compressors, generators, windrower, crusher,
grinder, watering trucks , loaders, graders, tractors with
implements, fork lifts and other heavy equipment) and
activities (i.e. crushing, grinding, screening, windrowing,
unloading/unloading trucks , etc.) necessary for composting;
modification of the property to include a weather station,
scale house, bathroom with a septic system, storage shed
(approximately 40' x 8'), leaching ponds and berms; parking
of delivery trucks and heavy equipment; and marketing and
sale of processed recycling materials including but not
limited to mulch, compost, bark, playground chips, sand,
stone, etc.
De Weerd: Item 9-B is a public hearing that was continued from July 17th for H-2018-
0042. This was continued for a number of reasons, specifically to provide better
definition and refine the request and there was a long list. I won't go through it. But I
will turn this over to staff.
Allen: Thank you, Madam Mayor, Members of the Council. On July 17th Council
continued this project in order to allow the applicant time to further refine their request
and, as the Mayor stated, based on items discussed during the public hearing. A
comprehensive list of the items discussed was to be incorporated in the -- excuse me --
modified strike through and underlined format of the original development agreement for
Council consideration. Items to be addressed as follows: Increase in the number of
trips specifically traffic. Removal of the retail component. This was discussed during
the hearing. However, the applicant has included a request to keep the retail
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component with further parameters on the use. Limit the size of the facility to a 39 acre
site. Limit hours of operation. Secure approvals from DEQ, ACHD, and the applicable
irrigation district. Submit a revised concept plan detailing the operations of the site,
which is incorporated into the amended agreement. Submit a sound study, odor plan
and fire emergency plan. Define term limits on the recycling use. Further define the
type of materials that are being exported, stored, and composted on the site and stating
the intended uses of said materials. And minimize impact to adjacent neighbors, for
example, installation of mufflers on specific equipment, installation of landscaping,
restricting the height of the stored materials and monitoring complaints associated with
the recycling activities. On September 6th a revised amended development agreement
was submitted to the city by the applicant as requested. Because of the controversy
surrounding this project, the city mailed new public hearing notices to property --
property owners within 1,000 feet of the property and those property owners that
testified during the public hearing. This same list was sent to the applicant to use to
schedule the neighborhood meeting, so the applicant could discuss the proposed
changes with neighbors. That meeting was held on September 5th. Some minor
revisions were incorporated into the draft document as a result of that meeting. In
summary, staff believes the applicant has adequately captured the items that were
discussed at the public hearing in the revised document. Although the applicant has
further defined the operational characteristics, if the use is to expand and propose
additional mitigation measures, staff does still have concerns with the expansion of the
recycling facility. The industrial nature of the use in a residential district. Therefore,
staff recommends that Council deny their request based on inconsistency of the
expanded use with the Comprehensive Plan and the zoning ordinance per the staff
report. Many letters of public testimony have been received since the last hearing.
Please see the public record for a complete list.
Borton: Thank you, Sonya. Council, any questions of staff? Is the applicant present?
Come on forward. Thanks for joining us tonight. Please state your name for the record.
Murgoitio: My name is Mike Murgoitio, managing member of Timber Creek Recycling.
My work address is 7695 South Locust Grove, Meridian, Idaho. Members of the
Council, I want to thank you for giving me another opportunity to kind of put a more
collective project together -- a DA amendment together for these -- for you guys and the
surrounding neighbors. Do you have my slide put up?
Borton: Mike, while --
Murgoitio: Yeah.
Borton: Over here. That's all right. While we are doing that I just wanted to -- to say
thank you for taking the time. We sort of gave you and our staff the laboring oar to try
and see if there is some way to craft this and take some time with the neighbors again.
So, any efforts to -- to further that we really appreciate.
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Murgoitio: Appreciate that. So, one of the things I wanted to start out with is the current
site, like the aesthetics of it. That was one of the problematic things with our neighbors
that they didn't like the looks of what it looked like. So, one of the first things we did was
-- is we removed all the tires on site. We moved all the junk piles. Concrete. We kind
of -- kind of broke it down and placed it for -- as far as a base for where we are going to
put a future road. We built the berms up and capped them with mulch. We wanted to
make them look nice and use the products that we are currently recycling. So, the other
thing was kind of the noise impact. We did a decibel study for a month long. We went
to two -- two times per day, five days a week. We got eight different points -- points
around the surrounding area. We wanted to make sure we kind of got a good
perspective of what the noise impact was. Two of these points, if you look on the right-
hand side there, are directly kind of in line with some neighbors. We didn't know the
sound changed when it kind of went at a distance, so we made sure and when we went
out that far to grab those. As you can see it kind of ranged from 40 to 50 points for the -
- the decibel levels and for those of you that don't know what a decibel is, it's kind of a
unit of measurement for the sound and right -- OSHA's kind of guidelines of those
thresholds. It kind of gives you a perspective of the sound and examples of those
noises. How we went about that was we -- we bought a muffler for our grinder and we
were changing the site around so much in different ways as far as the mulch piles and --
and different things. We kind of had a variety of different outcomes, but the one that
was really back to back was point four and that point was directly in line with one of our
berms that we didn't change specifically for that and we didn't move any of the piles
around it. We did it back to back so we could kind of get an accurate statement of what
that muffler did. The muffler was supposed to be, you know, a 15 to 18 or 20 reduction.
It only did ten and we think the motor went down, but the engine fan noise was still
there, plus the impact to the wood was still there. But we still have reduced it a
significant amount. One of the things over here on point five, six and seven, the reason
why the numbers went up, we harvested our corn. It turns out corn is a pretty good deal
for taking away sound. We also hauled away a bunch of mulch to our feedlot to prepare
for the wet season. Pile placement we found was a big deal, too. We changed where
we have -- our ground pile is now behind -- or our ground pile is ahead of where our
underground pile is, to kind of help manage that sound as well. We found that that
really helped. And we also made the berms bigger. Capped them with mulch. More
berms just to try and help with that sound. One of the things I am glad the neighbors
brought to our attention is our fire prevention plan. We had one, we just did not have a
professional put one together for us. We were doing pile monitoring, but probably
wasn't up to the spec to where I think is a good point for safety. We hired a guy, Mark
Larsen, which the Meridian Fire Department kind of provided us a few names to kind of
help us out and the guy was very professional, very sharp. We were very impressed.
He put a full page -- or a full package together for us. The thousand gallon water tank
we have on site, he had us hook to where the fire department can come in and hook up
immediately and have 4,000 gallons of access water. So, we like that. We did a lot of
employee safety training on fire extinguishers and, then, it's not on here, is an odor
management plan. We still have to go through DEQ to kind of implement that, but we
did tell the neighbors about kind of having a complaint line, like an e-mail address where
they could e-mail us and say, hey, we got an issue and we can get to it a little faster,
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probably, than the regulatory guys can. One of the things that was perceived is how
much grinding we do and the illusion of the increased volume. So, this is our -- our
yards that we grind at the Ada County Landfill and you can see, really, it's kind of been a
flat line. You can see in 2013 it was only five months, that was 60,000, and, really, that
is -- you know, it was only five months, then, we kind of got into the year to year to year
and it's pretty much a flat line. Hasn't increased. Maybe some this year it will increase,
but nothing of the perspective of what I think the -- the surrounding neighbors thought.
One of the other things is the majority of the grinding that is done at the landfill. We
have a size reduction, you know, so we are not going to haul, you know, material on
ground down to our site, like, you know, with wood because you grind it up it's going to
size reduce and you're going to get more material on per load. So, 78 percent is ground
off site, 22 percent of that is ground on site. I would say probably that -- that is -- that
helps a lot with the size reduction. We only ground 35 days in between now -- or
between January and now at our site. We have logs that we kind of do to track our trips
or fuel and we have that and I think people thought we ground every day and we don't.
Our goals are kind of to lower our carbon footprint. Grind the material where it makes
sense. Place the material where it makes sense. We want to kind of expand the
sustainable agricultural practices by composting, make the leaves more plant ready. It
frees up the elements for the plant. This is kind of a trend partnership -- a training
partnership with the -- the cities and the farms across the nation. You know, you see a
lot of different government agencies, they partner with farms, because it has a
guaranteed end use. But for that we don't want to exclude, you know, the citizens. We
want to share this material. That's why we said that we want to kind of have that option
for that retail area, but yet it is not a have to for this thing. Our overall goal is to have a
way to more plant right. So, I think I'm going to turn it over to Justin.
Cranny: Justin Cranny. 877 Main Street, Boise, Idaho. Here representing Timber
Creek Recycling. Thank you, again, for the opportunity we have to be before you. It's a
pleasure to return and, hopefully, to enter discussion and thoroughly enjoyed talking last
time with all of you. Just a brief history. I mean probably give it a brief recap. We left
here with direction, which was nice. We had ten items in the new development
agreement. So, we took those, we came, we revised, we sent to the City Council -- or
city attorney and the city planner and said here you go, here is what we think
encapsulates those ten items with additional considerations. We listened at the
hearing, we want to try and get everyone to be on the same page. We met with the city,
talked, had additional concerns given to us, additional issues that need to be
addressed. We revised. We sent it, then, to the attorney representing many of the
neighbors. Now, there is kind of a point of contention for several of the neighbors that
that attorney was not invited to our meeting with the city. The development agreement
is a contract between Timber Creek and the city. So, our goal was to have that meeting
between -- be between the city and Timber Creek. We wanted to make sure that the
city's concerns were properly discussed and were not minimize or pushed aside while
listening to the neighbors' concerns. Immediately upon sending the development
agreement to the attorney we set a meeting up. It was set for the September 5th before
the neighborhood meeting. Unfortunately, the attorney had to cancel last minute due to
a client conflict, which is fine, but we rescheduled. We talked after the neighborhood
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meeting. So, we had the neighborhood meeting. We discussed the revised
development agreement. We discussed the site plan and we listened to their comments
and as Mike's indicated we did -- we did make changes. There were several changes.
We added a line of trees to the west side of the property. The complaint line was an
excellent success. I mean that was one of the issues that we -- was announced last
time was we have complaints, but we don't know who to give it to or we give complaints
and we don't get a response. Well, hey, let's set up a line. This was a great comment
from the neighbors. We were glad to hear a constructive comment that would resolve a
problem. We gladly took that and ran with it. That said there is still a lot of complaints
and objections filed. I'm sure you have read all the objections. There is many, many,
many, many -- many pages. We have done our best. Some of these are hard to
resolve. In fact, we probably can't. Mike mentioned noise. He put mufflers on there
trying to minimize the noise. We are putting landscaping in. We are putting the berms
right now. He's even going to put up some hay bales to try and see if that will help
minimize the sound getting outside of the property. Doing what we can. That said, we
realized -- I realized this belatedly, too. Grinding doesn't occur every day. I mean we
are looking at -- they said 90,000 of the 110,000 cubic yards of material that are ground
happens off site. Why do they do this? It keeps their green footprint green and it keeps
it an economical business. So, I was thinking they are out there from 8:00 a.m. to 6:00
p.m. or 7:00 a.m. to 6:00 p.m. seven days or six days a week grinding and some of the
objections make it sound like that, you know, there is grinding going on for five to six
days straight or six days for weeks on end. It's not the case here. You know, when we
have these objections we don't know how to respond, because they are not true. Now,
that said, there is some noise and we are doing our best to mitigate that noise in this
development agreement. We took your ten items, we addressed them. You probably
noted that the language in the development agreement went from two pages --
approximately two pages of language to about nine. I mean we added -- you have the
section five that talks about here is what you can do and, then, we had section six,
which is even longer, here is what you can't do or here is what you have to do to
mitigate those damages -- or I mean those -- those -- your operations. There is still --
there is still issues. Traffic is still a big one. I mean we tried to clarify. Here is what a
truckload is. Here is what qualifies for the cap. Here is what does not count towards
that cap. We tried to clean it out and try and make it clear, but we recognize there is still
confusion. It was brought up at the neighborhood meeting. How do you tell? Well, we
are painting the trucks that bring the recycling materials in in red and the rest can be
blue. Something that obvious just isn't feasible in this scenario and, as Mike testified at
the last hearing and they have about seven days a week or a day they can come in.
About that. So, I mean pretty low. And I'm not anywhere near that. If there is questions
about the number of truckloads, Mike does keep track and if those records are
requested he would produce them, saying here is how many trucks we had bring in
recycled materials. Let's talk about it. That said, there is other trucks and we -- and
traffic coming in and out. We have, you know, the agricultural activity still on the
property -- on the adjacent property. There is going to be other traffic. So, we tried to
clarify the best of our ability. A couple of other points that kind of came up. There is a
lot of assertion that, hey, this is not an agriculture use, this is industrial, therefore, under
the development agreement you simply can't do it. The development when drafted was
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very broad. Simply said, Timber Creek, you can do what you're doing and keep doing it
or you may expand it. That's what the original development agreement said. Plain
language. Furthermore, in 2015 there was composting on the property. This is not
new. The request is to make it explicit in the development agreement, so that Mike can
go and try and get a tier two certification. It's not a new use. It's simply -- we are
getting the nuts and bolts and I's dotted and T's crossed. Retail sales. Yes, that was
initially indicated. It was probably going to come off. However, in discussions that's not
been a point of contention. In fact, there seems to be a little bit of favor that we
interpreted on that concept. Let's give back what we are getting. So, we left in it. But
as Mike indicated, if that's completely objectionable we will strike it. it's not a problem.
We are not trying to give you a moving target. I know that was a big issue last time.
You don't want, hey, we are pulling this up, pushing this in. What we have given you is
a final document. There is your target. That's what we are looking for these. Other
uses that Timber Creek is looking for with the restrictions Timber Creek has accepted
based on the ten items that the Council asked for and the comments that we received
from neighbors and we could put into to make this what we thought met all potential
impacts. Lastly, I do want to emphasize Timber Creek is committed to making sure that
it complies with DEQ, the Department of Ag, Central Health District, whoever governs
whatever part of the process. You may govern composting. Department of Ag may
govern the grinding. However it falls out. The regulations, whatever they may be, how
they may change Timber Creek will comply. So, you have a third party monitoring and
making sure that they are complying with code and they are inspected at a minimum
annually. I also know for a fact smell is a big issue. It's huge. I read the objection to
the smell, you know, hey, what are the smells. There is a lot of smells. I talked to DEQ
about smells. What do you do about smells? And they said, well, if there is a -- if there
is a complaint about a smell, we send two people out -- not one, two. Two p eople go
out there and they stand at various distances and they smell. Does it stink? No, not
scientific. I admit that. But that's their process. They take two for that reason. It's,
okay, does it smell. Do we think it reaches a threshold that requires some type of
action? If it does they say, Timber Creek, where is your odor mitigation plan? Are you
following it? No. Okay. We better start doing this. They will make sure there is
compliance with that plan. If he gets -- when he gets tier two designation there is an
odor management plan in place and they enforce it. So, with that said we have done
what we can to make this address, ameliorate, and mitigate risks that exist and potential
impacts that may exist on neighbors. Doing our best to be a good neighbor. Want to
make sure that if there are issues the complaint line is there, they will be able to
respond to it, assess, analyze and meet where necessary. Any further questions?
De Weerd: Council, any questions at this time? Mr. Bernt.
Bernt: Justin, how are you?
Cranny: How are you?
Bernt: I'm doing well. Thank you. Last time you were here you mentioned that you
would be doing some substantial changes to the development agreement. So, in your --
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in your estimation, your professional opinion, what -- what would be some examples of
some major changes that you have made in the development agreement?
Cranny: The short answer is it went from two to nine pages. Like we changed -- we
took every item and, basically, said, okay, how can we make this read better and be
more comprehensive. I could just flip open and tell you we explicitly state here is the
hours of operation for not only the recycling activity, for the retail area. Hey, this is as
much as you can do. We are going to have a retail area. Hey, it's going to be in this
area. We are going to make sure that vehicles that come in there don't go off into the
recycling areas. We talked about -- and I think the short answer is -- the biggest answer
is we really added to what the restrictions and limitations and steps that Timber Creek
had to do to try and minimize impact. That's the entire section six of the development
agreement. Let's work on visual impact. Hey, you have got to put a landscaping plan
in, you have to do the height of the recycled materials can only go so high. Dust
abatement. You have to make sure you water, you know. So, that's the one thing -- you
know, one of the complaints that we pulled that was filed was there is dust blowing
across the property lines. Now, when inspected DEQ came out said there is not. This -
- there is no dust blowing. But we now have steps to say you have to water. Here is
the trucks you have. Here is what you need to do to try and keep dust down. I could
keep going for quite a while if you want me to. But, in essence, we tried to make sure
that there was more things that you can do, but more of here is what -- here is what you
have to do to mitigate impact. That's the biggest change. What you can do, because it
was literally two pages. I went through and flipped and counted in the original
development agreement. Here is what you can do to -- here is what you can do -- here
is how you can do it. And for the record I went small gap to big gap.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Mike or Justin, whoever wants to field this. You referenced a sound study
and perhaps it was included in our report and I have missed it. I don't know. Could you
tell us who conducted that study? It's -- it's referenced somewhat in the -- the narrative
from Code Enforcement, but I don't -- I don't see a copy of that. I'm just hoping you
could speak to who conducted that.
Murgoitio: Did you not get a copy of the entire study that we did?
Cavener: Madam Mayor. We may have, but I -- it's possible that -- that I missed it. I'm
just curious who was the one who conducted it and if we have it and I missed it, if staff
can direct me.
Murgoitio: My wife Tori Murgoitio did. She went to every point on the site and did it.
De Weerd: Okay. Please.
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Cranny: Just to make sure it's of record, I have a copy right here. I will present to the
city clerk if you're amenable and I can deliver it and have a copy to look at if you like.
Cavener: Sure.
Cranny: Would you like to see it first?
Murgoitio: So, just -- just so we clarify, the last form we turned in with our decibel
reader -- again, Star grinder, we submitted it at -- within five to ten feet away from the
grinder and we submitted 105 decibels. Code enforcement came out, inspected us
after we turned in that literature, and confirmed it was 105.
Cavener: Verified. Thank you.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Maybe a question for Mike or Justin or Mr. Nary. One part of the structure of
this is it has the development agreement with the landowner, obviously, you know, the
one who is entitled to encumber property and bind its use and go forward to
certifications, but Timber Creek there is a lot of conditions and requirements that the
Timber Creek entity is agreeing to, not the landowners as I understand it, so I'm unsure
how terms and conditions where Timber Creek agrees to do something, but the land
owner doesn't, as part of a binding provision in a development agreement that's
recorded and encumbers that property going forward and there is probably an easy
answer that I'm missing.
Nary: Madam Mayor, Members of the Council, Council Member Borton, I mean typically
in most development agreements -- and we can certainly incorporate this -- if you have
a developer or a property owner that are different entities, we normally would have them
both sign it, because we do record it against the property. So, they would both have to
agree. If they are separate entities, even though I think there is similar partners --
similar parties in both entities, but we would require that, because the county recorder
won't allow us to record without the property owner's signature on it.
Borton: And, Madam Mayor, that -- and that's the question. So, the -- the owner, the
L&G Murgoitio, who I understand is the property owner, but the Timber Creek -- there is
no association with the ownership of the real property. The reason I ask that is, you
know, these terms and conditions, if it -- if it were to go forward, if they are going to be
binding and everyone can adhere to them, is -- are the terms as set forth in this
development agreement truly binding or just --
Cranny: Madam Mayor, Council Member Borton, Timber Creek has no objection to
signing. I think that was the intent all along --
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Borton: Right.
Cranny: -- because -- and further, as a recorded document on the property it binds the
property so should they decide I'm not going to comply well, the city could, obviously,
bring an action against the owner who would, then, say, okay, you're not complying, get
off.
Borton: And, Madam Mayor, not to get too nerdy on it, but that was kind of the question
is there is some obligation to -- or at least the way it reads Timber Creek agrees to do
something. The owner developer does not. So, if Timber Creek dissolves, the
obligation remains to Timber Creek, not the owner developer, and there is probably a
way to clear that up, but that seemed odd.
Cranny: I think the shortest answer would simply be having Timber Creek sign, which
they will do.
Borton: Madam Mayor, I just had a couple other -- oh, go ahead, Mike, if you had a
comment. A couple other questions. The distinctions I didn't capture or didn't
understand why they were made. There is -- in the provision there is a sunset on the
composting, 6.9, that 2030 is a potential sunset, but it's not a sunset on recycling
activities, which is much broader. That appears to go in perpetuity. So, what was the
reason behind sunsetting one activity, but not all of them, should the circumstances that
would lead to the city changing it's mind in 2030 occur?
Cranny: Madam Mayor, Councilman Borton, great question. So, the -- under the
original development agreement we have retained the original sunset provisions for the
recycle activities, coming and asking for composting, have those sunset at a different
time because it is a separate use. They still want to retain the original sunset provisions
for the balance of the -- the recycle activities under the original development agreement.
In all likelihood they will trigger at the same time, but just in -- just as a -- keeping
options open, they distinguish between the two.
Borton: Okay. Madam Mayor, I apologize. If there is a provision that says the recycling
activities also sunset --
Cranny: Yes .
Borton: -- I missed that. Sorry about that.
Cranny: In Section 6.8.18, termination of recycling activities. So, the recycling activities
will cease unless permitted by -- in the UDC upon the earliest of the following. So, we
have two. If the property is conveyed to a third party. It's done. So, if the owner was to
sell to a developer to develop it, they are done, because, obviously, they don't want
probably Timber Creek to continue operating. If the development on the adjacent
property occurs, according to those requirements, within a thousand feet of the grinder,
it's done. So, as defined, if those first two happen, the composting, likewise, that
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happens. But if those two don't happen -- the compost in 2030, come back and the City
Council says no more composting, that's gone. So, it's -- it's all -- for the first two can go
-- or if they continue passed 2030 and come back to City Council on the composting
alone, they say no, that's gone. Different triggers. Different --
Borton: Okay. Thank you. That's helpful.
De Weerd: Okay. Any other questions at this point? Thank you.
Cranny: Thank you.
De Weerd: Mr. Clerk.
Coles: Thank you, Madam Mayor. Brenda Blitman signed up to testify, indicating
neutral. Wishing to testify. Is Brenda here? No? Okay. Paul Winward. Against.
Wishing to testify.
De Weerd: Good evening. Thank you for joining us. If you will, please, state your
name and address for the record.
Winward: Thank you, Madam Mayor. Paul Winward. 8291 South Locust Grove,
Meridian.
De Weerd: Thanks, Paul.
Winward: Facts are stubborn things, said John Adams, and whatever may be our
wishes, our inclinations, the dictates of our passions, they cannot alter the facts. The
evidence. It's clear the applicant is passionate and he wants it to happen. A lot of the
neighbors are passionate. We are concerned from questions that have been asked, for
the revisions that have been requested, that the Council is inclined to allow this. The
facts are as stated by the staff. The memorandum for this meeting stated that the --
although the applicant has further defined the operational characteristics and their
proposed additional negating measures, staff still has concerns with the expansion, the
industrial nature of the use in a residential district. Staff recommended the Council deny
the request for the reasons previously stated. Those reasons previously stated for the
July 17th meeting. They are still stubborn facts. The applicant is proposing heavy
industrial use in an area that's zoned residential. In fact, it's a prohibited use in the R-4
district and it's not consistent with the Comprehensive Plan. Staff said the proposed
use is heavy industrial and the current R-4 zoning of the property primarily allows for
residential uses and other low impact uses. Industrial uses are prohibited. Expanding
the use to a more intense industrial use is also prohibited and should not be allowed
through a modification to the DA. Hopefully, the Council will look at those stubborn
facts. One more thing. More of a procedural matter. During the neighborhood
meetings the applicant stated that he has a relationship or friends with Mr. Palmer and
that they had conversations and even a meeting outside of this meeting. If, then, we
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would hope that -- that you refrain from further positive comments and also from voting
on this issue.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: I think the only time I have ever had a conversation with Mike was when I was
introduced to him at a birthday party a year or two ago. I have never spoken with him
outside of that event.
Winward: You are not friends on Facebook? I'm just curious.
Palmer: Probably. I'm friends with just about anybody from the city that adds me.
Winward: Those are my concerns. Thank you, Members of the Council.
De Weerd: Thank you, Paul.
Coles: Brian Socha signed up against, wishing to testify.
De Weerd: Good evening.
Socha: Good evening. Thank you for having me here. My name is Brian Socha. My
address is 8401 South Cloverdale Road, Boise, Idaho. And I just became aware of this
facility wanting to do recycling here. I know -- I have driven by it many times and I just
thought this is allowed. Me and my wife have talked about the smell. That is our main
-- one of our main concerns and my biggest issue with this is -- is the zoning of
industrial. You have an impact of this facility which is going to be noise around the
immediate people, but my major concern is this is R-4. We bought our place about 13
years ago. I expanded it myself, 2,800 square feet onto the house. Built it all myself.
This is my retirement. And now my concern is with the zoning for residential and
allowing one industrial to come in here. Are we creating an industrial park if we let one
person in with industrial and, then, all of a sudden, okay, now let's have a park here. I'm
from North Dakota. Population 3,500. Rugby. Okay. And when they were doing their
plan they created an area, an industrial park. There is no housing around it. It's all
business. And what I'm concerned about is that this is going to grow, instead of just
being residential. I have no problem with commercial. I would love to have a store next
door where I could just walk to and get my groceries, instead of driving and stuff. But
the impact of the smell and the future, what is the intent. Since this is sort of -- I sort of
looked at a zoning map last night and it was into Kuna. Meridian annexed to our back
door and they asked me a few years ago do you want to be included in Meridian. I said
no. I bought the property, because I want to be in Boise. All right. So, I just sort of
forgot about it and then -- so, I looked at the zoning map and now it's right -- I don't
know -- a hundred feet from my back property and along with a few other people's
property that I know and so that's all I have to say.
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De Weerd: Thank you. We appreciate you joining us.
Coles: Vikki Reynolds, wishing to testify, signed up against.
De Weerd: Good evening. If you will, please, state your name and address for the
record.
Reynolds: Good evening. I'm Vicki Reynolds. I live at 7838 South Tranquility Lane,
within the thousand feet area of this project, and I testified here last time as well. So,
you have heard a lot of my thoughts already, but I just want to reiterate -- this is R-4
zoning. Your Comprehensive Plan talks about continued growth of R-4 and residential
areas, not industrial. This is just not an applicable use in a residential area. Somebody
mentioned the retail sales object -- didn't hear any objection to the retail sales. The
applicant mentioned that. And that's because -- I haven't said anything about that,
because it's just the wrong thing in the wrong place. That's just how it is. I would
encourage, again, like some of the other folks have said, I would just encourage you to
follow your staff recommendation. The staff continues to recommend denying this and I
would ask that you follow that staff recommendation. I would stand for any questions.
De Weerd: Thank you.
Coles: Christine Herwy, wanting to testify. Signed up against.
Broderick: Good evening. I'm sorry that I came up as well. C.Jay, could you pull up
that PowerPoint? We were coming together to represent the Meridian Southern Rim
Coalition. So, we just wanted to read the statement.
Borton: Madam Mayor. Can you get a little closer to the mic.
Broderick: Yes . Sorry. My name is Lisa Broderick and I live at 2231 East Lodge Trail
Drive in Meridian, Idaho.
Herwy: My name is Christine Herwy. I live at 2373 East Taconic Drive in Meridian,
Idaho.
Broderick: So, we had a statement to read from and I'm going to try to cut out some of
the redundant conversation, because there has been a lot of discussion on the R-4
zoning, which is definitely throughout our statement. But in addition to the concerns
related to the R-4 zoning we recognize that the applicant agreed he would not expand
the scope of his business beyond what existed at the time of his property's annexation.
If you recall the troubling testimony from last month, the Google Earth images taken in
the ensuing years, which appeared to demonstrate that he was in direct violation of that
current agreement with the City of Meridian. We ask you to deny this proposed
amendment, because it does not comply with the following Comprehensive Plan goals
and objectives. 3.05.02, to maintain the integrity of neighborhoods, to preserve values
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and ambiance of areas. 3.05.03, plan for appropriate use within rural areas. And
3.06.00, encouraged compatible uses to minimize complex and maximize use of land.
Herwy: To expand on the goals and objectives, the property is zoned R-4 or low to
medium residential land use and we concur with this staff expanded scope of operations
would be industrial in nature. Further, we believe the expanded business would stretch
any reasonable definition of compatible or appropriate use in a quiet rural locale, one of
farm and several semi-rural properties, which will soon feature one of Meridian's gems,
our new regional park on Lake Hazel. The coalition believes this amendment would
allow a disruptive and nonconforming use defined by heavy truck traffic, food waste
dust, and more that would devalue property values, Meridian's livability factor and the
quality of life for Timber Creek's neighbors. The city's planning staff recommends denial
of the DA amendment. We concur. In conclusion, our members have an additional very
important objection to this substantial change in the land use within our city limits.
Meridian is in the midst of creating a new Comprehensive Plan. City and civic leaders,
as well as the Meridian South -- Southern Rim Coalition are urging all stakeholders in
Meridian to drive this important conversation and engage in the process. The coalition
is promising its members that their voices will be heard. To ensure the highest level of
public trust engagement in the comp plan process and to validate the promise the city
sincerely wants to -- wants a vision that reflects the desires of its stakeholders. The
coalition does not support substantial deviations for the current plan, code, or zoning
map. We strongly believe any substantial -- substantial amendments to the use into the
new plan as approved in 2019 by the City Council will, A, discourage participation in the
comp plan process and erode public trust in the City Council's commitment to the new
Comprehensive Plan. We, therefore, respectfully request that the City Council deny this
proposed development agreement.
De Weerd: Thank you. Council, any questions? Thank you for joining us.
Coles: Kathleen Britt. Against. Wishing to testify.
De Weerd: Thank you for joining us.
Britt: Good evening. Thank you for the opportunity to be here. My name is Kathleen
Britt. I live at 8259 South Jardine Lane in Meridian. I do wish to go -- to continue to go
on record as being opposed to the application by Mike Murgoitio at this location that's
been on the northwest corner of Locust Grove and Columbia. I don't believe anything
has changed since the original application for the -- for the amended development
agreement previously submitted, other than it becoming even more obvious, as has
been stated by others, that this is an industrial operation attempting to expand into
residentially zoned areas, to the detriment of surrounding neighbors and incomplete
noncompliance with the city's Comprehensive Plan, current codes, future land use and
stated goals and objectives. I feel appalled about -- for one thing that instead of fixing
and addressing the process areas that have occurred historically with this, that -- that
Mike was allowed to continue to go back to the drawing board again to attempt to clarify,
redefine and expand his development agreement and, once again, the neighbors
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weren't allowed to participate. I'm sure there is somebody else here that will address
whatever happened with the attorneys, but, once again, the neighbors were not allowed
to participate. That did not feel good, particularly with what's gone on historically. I
don't feel that there is any credible dispute that this application consists of -- that it
consists of anything other than a different and expanded land use from the original
annexation and development agreement. I have lived on Jardine Lane since May of
2016 and I drive by this location probably 14 to 28 times per week. I have observed an
ever increasing expansion of operations and an increase in truck traffic, higher volumes
of materials piling up on the property, higher piles of compost accumulating and
increased volume of noise during increased hours of operation. During both the week
and the weekend Mr. Murgoitio told us at the last neighborhood meeting that with this
proposal he will be bringing in an even greater volume of materials, adding different
types of materials and using different processes to get to the end product. He admitted
that this is why he should be moving from a tier one composting facility with the DEQ to
a tier two. According to the DEQ representative that will be handling the application to
pass, this is an industrial operation and they would -- as they would have oversight
under a tier two, whereas in an agricultural tier one level they would not. He also
indicated that Mr. Murgoitio already had a recent violation on his property for processing
specifically mixing materials, because that is not allowed under his current operations.
So, again, it appears to be very clear that this is a change and expansion of what was
originally being done and being allowed on his property. I would like to stop to just veer
off for one moment on the traffic issue. In my opinion -- and, again, I live right there on
his road right at that intersection. It's not only the volume of trucks, it's what's happened
-- happening when the trucks are driving down the road. The intersection there at
Columbia and Locust Grove is two lanes in each direction, eight lanes total. In order for
Mr. Murgoitio's trucks -- I don't care what they are doing, agricultural, red, blue,
whatever, they are so big that when they attempt to turn that corner they block all eight
lanes of that traffic. They have to go into the oncoming lane to turn whichever direction
he's turning. My husband was approaching the stop sign and actually had to back up to
allow Mr. Murgoitio's truck to finish the turn. If he's turning off the roads to turn onto his
property he has to, again, go onto oncoming traffic. So, I believe you guys are putting in
place a park in a not too distant location. The city of Kuna has a high school going in
right across Colombia and Meridian Road and we are looking at a plan to be revisited in
2030. I -- I don't see how --
De Weerd: Ma'am, can you, please, summarize.
Britt: Am I over already?
De Weerd: Yes .
Britt: All right. Well, I guess one of the points that failed to make it onto the agenda
here for tonight that was in that neighborhood meeting was that Mr. Murgoitio was
unaware of any insurance that he would have to handle any other --
De Weerd: I really need to you wrap up.
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Britt: I am. And noise complaints I feel like the city should be aware of that. There is
no protection for us there. The complaint line, in conclusion, Madam Mayor, was
something that brought up the intent of that what -- it was not that Mike would be
hearing the complaints, was to bring to the attention that there is no one having any
oversight that also has the authority to enforce those complaints, including the DEQ and
there is nothing in place to protect us from fire or anything else off site. His site might
be protected. Site operations for fire protection. There is nothing for any of our
surrounding properties. Thank you for the opportunity to speak.
De Weerd: Thank you, Kathleen.
Cavener: Madam Mayor? Sorry. Kathleen.
De Weerd: Oh, Kathleen.
Cavener: And either for you or for someone who is providing testimony that spoke --
and I appreciate trying to get a lot of information in a very short time, but the element
about DEQ classifying the site as industrial use, was that a -- a comment from
somebody at DEQ? Is that in a letter? Is that --
Britt: It is in a comment. I had two conversations on two different occasions with Kevin
Ryan.
Cavener: Nothing submitted formally?
Britt: I'm not aware of any process whereby I can get anything formally on a consistent
message.
Cavener: Thank you.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: That was funny that that section of what you were talking about jumped at me
as well and -- and so I'm just trying to understand, regardless -- so, if this is denied
Murgoitios -- the Timber Creek recycling still gets to continue doing what it's doing. So,
this is not to make it go away. He already has an agreement, already accepted, it was
part of the annexation. So, I guess where I'm confused, based on what you just said, is
if -- if he does the expansion, then, you have -- you all have more protection based on
what you just said. DEQ is involved. He has people inspecting him. Whereas now
none of that has to happen and so if -- if I was a neighbor I guess I would rather there
be as many agencies involved making sure his operations are the noise mitigated,
sound -- you know, sound mitigated, fire mitigated, you know, all of those safety things
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that you're talking about and nuisances. If it was larger you would be more protected
than if it --
Britt: Well, I'm really glad you asked that, because that was actually a part I didn't get
to. So, there is -- there is more requirements up front, but the problem is once that is in
place it's largely self reporting and what I was told by the DEQ is they come out once a
year, not many times -- up to that. That's -- that's when they come out and it's with
notice. So, the only other way for there to be anything that happens is pursuant to
complaints and they have very limited authority with regards to respond and to -- and to
enforce. Again, he's already been found in -- in violation. Violation with the Department
of Agriculture. So, I don't believe self reporting is going to work and I think the most
important part of your question to me is that it's not just what is going on on his property,
because if there is a site and an operations failure and it expands to our property and a
particular concern to me is fire, because fire is kind of a when, not an if, and all it takes
is a blowing ember to transfer onto one of our yards across the street -- there is no
water out there. A 4,000 gallon water truck isn't going to do it. A well using his sprinkler
deals isn't going to do it. My understanding is you guys are planning to put in water out
on Meridian and I think Linder in two years. That's two years. When there is a fire that
burns down my property across the street in the meantime, where is the water going to
come from? Mr. Murgoitio in this last -- in the neighborhood we have experienced the
same thing you guys did. And what about all of a sudden we find out there is these two
13,000 gallon fuel tanks on his property. So, we want to know what's in them. He
doesn't know if it's gas, if it's diesel, he doesn't know if it's a single level of aluminum, if
it's a double level. Again, that's great, apparently somebody from the fire, whatever,
required some barriers so cars can't run into it. That's fabulous. But what about when
we have a fire and you have an explosion, but he's unaware of that. Says I'm just -- I'm
a farm boy, I want to be a good neighbor and I'm composting my stuff. The problem
with that is we can't get any answers to that. If you want to have trust in your operations
you need to be aware that that's a fire risk. When we ask a question, you need to
answer that question. So, I don't believe -- to answer your question, I don't believe we
have any increased protections. They do a process up front. After that it's largely
based on self reporting and I would like to say there are cities across this country that
have lawsuits over these issues, primarily odor, quite frankly, because, again, it's an
odor management, not odor elimination. They all have state agencies that are like the
DEQ, they all went through a process with really intelligent people here that are trying to
make a good decision and, yes, they thought they did it right. My husband was a fire
marshal in the city to Ta coma for 30 years. He saw the city of Tacoma that, quite
frankly, had a lot more experience just -- excuse me. Can't move my leg, so we are
okay. You know, a lot broader land, a lot more opportunities. They did it three times.
Three times they thought they got it right, three times it failed, three times they had
lawsuits. So, how much do we have to suffer? I mean this could all go back to just the
basic thing. It's an inappropriate use in a residential area. Why would you guys expose
us to that? Why would you do that? So, I don't believe there are protections for us.
And I appreciate you asking the question.
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Milam: Madam Mayor? I just to respond, though, it's there already and it's not going
away. They already have an agreement. So, I guess a lot of the -- a lot of what I'm
hearing from -- from testimony from people is -- as if this were for approval of this in the
first place and I -- so I understand. I still kind of go back to, you know, there would be
more protections. Once a year is better than never or maybe -- you know, having
somebody to complain to is better than not having somebody to complain to. This was
part of a -- he wouldn't have annexed into the city had we not asked him to, so we could
bring the water and the sewer lines through that -- through there, so --
Britt: But they are not there.
Milam: Madam Mayor, question for staff. Is it still two years out? It seems like it's been
longer than that.
De Weerd: I don't see anyone from Public Works here.
Britt: I can tell you that road the fire hydrant on Locust Grove and Lake Hazel --
De Weerd: Ma'am, if you will wait for a moment.
Britt: Apologize.
De Weerd: We do have sewer brought to where we said we would. Development
drives it from there.
Milam: Thanks.
Britt: I want to answer your question, though, is that this is -- this is -- you're saying,
well, it's already there. The problem is what's being considered tonight is not what's
already there. It's an expansion. He's bringing in food waste. He's bringing in gypsum
board -- board and drywall. Those create a totally different gas, a totally different fire
risk.
De Weerd: Thank you.
Britt: I'm sorry, I thought she asked me a question.
De Weerd: Well, I think you have already answered it.
Britt: Okay. Thanks.
De Weerd: Thank you.
Coles: Madam Chair, Members of the Council, a question that came up from
Councilman Cavener, I just want to make sure that the record is accurate, that we did
receive comment from DEQ dated July 13th on this application. Next we have James
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Roy-Alan Baugh signed up against, wishing to testify. Let's see. Okay. Brett Morgan
signed up against, wishing testify. Lisa Broderick sign up against, wishing to testify.
Okay. Wayne Gearhard, against, wishing to testify. Patty Hagler, against, wishing to
testify.
De Weerd: Good evening.
Hagler: Hi. Patty Hagler. I live at 7200 South Locust Grove, which is located across
the road from the Timber Creek operation and where I have lived for 25 years. At the
last meeting I defined an ag operation based on my education, a master's degree in
agriculture from Washington State University. This was followed by multiple questions
from the Council and the Mayor stated that the Council doesn't deal with ag and
requested additional information, the research to define agricultural operations. Per that
request I contacted two state agencies, the Idaho Department of Agriculture and the
Idaho Department of Environmental Quality. The deputy director of the Idaho
Department of Agriculture provided two documents, Title 22 of the Idaho statutes and a
District Court decision that addressed whether composting operations are classified as
agricultural. I provided these documents with my written comments. The deputy
director of the Idaho Department of Agriculture stated that when an operation obtains a
DEQ permit for composting they are defined as an industrial operation and are no
longer defined as an agricultural operation under Department of Ag jurisdiction. DEQ
confirmed that Timber Creek has applied for and obtain a tier one permit for their
composting operation. The District Court ruled that under the Soil and Plant
Amendment Act, the Idaho legislature stated that organic waste derived material is
exempt from the definition of soil amendments that are used in agricultural operations.
They included grass clippings, leaves, weeds, bark, plantings, prunings and other
vegetative waste, which are all materials being dumped at Timber Creek. The clear
conclusion from two state agencies and a District Court is Timber Creek is an industrial
operation and no amount of berms, landscaping, or straw bales can change that.
Based on publicly available information the conclusion by any person, council, or court
is the 2016 development agreement only allows for the agricultural operation that
existed at that time to operate in the city or zoning. Timber Creek is now an industrial
operation that can't be allowed to operate in the city in R-4 residential zoning.
Additionally, by executing the 2016 DA the city is discriminating against property owners
by granting preferential rights to two large land owners that annexed to Meridian city.
Because Timber Creek will only cease operation if one of those two property owners
obtains a certificate of occupancy from the City of Meridian. The effect is surrounding
property owners can't sell or develop their property until one of those two property
owners sells and develops. I am requesting that the Meridian City Council, one, deny
Timber Creek's industrial expansion application, because industrial operations are not
allowed in residential zoning, so it violates zoning code, and Timber Creek's industrial
dump operation is detrimental to the surrounding residential environment, including the
new Meridian city park due to noise, visual, dust and odor pollution. By the way, we are
not lying. That grinder will operate for days on end. Number two. Enforce the 2016 DA
to only allow the agricultural operation and volume that existed in 2016, which I think
answers your question, which Timber Creek has blatantly violated. Number three.
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Correct the discrimination of property owners by revising the DA agreement to read that
Timber Creek's operation will cease upon notice to the city that an occupancy certificate
has been issued within a thousand feet of any city or county. Please do not grant
preferential rights to one large land owner against all the other affected property owners
that have invested in their property in good faith and are depending on zoning laws.
Thank you.
De Weerd: Thank you. You know, I appreciate your enthusiasm, but if we can respect
each of the speakers and -- and not applaud afterwards. I know you're all passionate,
but we would appreciate that decorum.
Coles: Next is Loyal Gibbons, against, wishing to testify.
De Weerd: Good evening.
Gibbons: Mayor and Council, thank you. My name is Loyal Gibbons. I live at 8350
South Jardine Lane. I have lived there about 25 years. Directly south of the property.
And I finally did this last time get notified. So, thank you for that. After the last speaker i
really don't have much to say, other than just to reiterate -- I will just put your attention to
the actual thing you handed out tonight. It says expansion -- and that's exactly what
they want to do. They want to expand. What you clearly heard was they have stepped
beyond their current development goal, which is what I testified to last time, all of these
other uses. It's not ag anymore, it's become commercial and now tier two -- it only goes
one higher than tier two, it goes to tier three, and that's the biggest composting
operation you can get commercially. Okay. So, this will be -- this will be the largest
composting -- I mean if they have their way this will be the largest one in the whole
area. It will dwarf Boise and the rest of them if they get their way and the contracts they
are pursuing. So, it would really be in the city's best interest, for the park, that -- all of
the residents and -- and all of the other testimony -- you have heard it before if we just
listened to staff, listen to the neighbors, and -- and have them put us in a protation,
which there are many of us just a little ways out of town. So, thank you.
De Weerd: Thank you.
Coles: Mark Perison, wishing to testify.
Perison:, Good evening --
De Weerd: Good evening.
Perison: -- Madam Mayor and Council. My name is Mark Perison. My business
address is 314 South 9th Street in Boise, Idaho. I think I would like to give you a slightly
different perspective. You have heard a lot about the problems this has caused with the
neighbors. My client Miller Acres owns a large piece of property in the area and I can
tell you that if this thing is to continue, if it's going to be expanded or it's going to be
allowed to continue in what we perceive to be beyond the bounds of the original
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agreement, my client isn't going to develop this property. I don't think any developer
with any sense is going to want to begin developing near this project until it's done.
That leaves Timber Creek and the related entities in a great position. They can simply
wait it out, they can pick up some more properties and, then, when they are ready they
can shut this down and begin developing. The rest of us just have to wait. I think that's
going to be detrimental to all the citizens of Meridian, because those properties are
going to sit vacant, tax revenues are going to go down, the values are going to go down
and they are probably not going to become part of the community in a way that -- that
the community needs. My client believes that when his property is annexed -- their
property is annexed into the city it will be a slightly higher residential designation and
there could be apartment complexes, a little bit more dense development. Something I
think everybody in the Treasure Valley understands, there is a -- there is a real shortage
of that sort of housing and I guess we will just -- if this is approved we will just wait until
they decide to cease their operations before that property can be developed. So, as --
certainly from our perspective, what we would ask is that this proposed expansion be
denied, but also at some point the city takes a look at whether the existing use really
does comply with the original development agreement and our position is that it -- it
doesn't, it's been expanded well beyond that. So, we would ask that you deny the
application. Thank you.
De Weerd: Thank you, Mark.
Palmer: Madam Mayor?
De Weerd: Mark can -- Mr. Palmer.
Palmer: Madam Mayor. Mark, where exactly is your client's property and get it in
context of -- if you can put up a map. He's going to have to show me exactly which
parcel is his. I believe it's in this area right here; is that right? Sixty acres in that area
right there.
Palmer: Thank you.
Perison: Any other questions?
De Weerd: No. Thank you.
Coles: Nicole Brown is next to testify.
De Weerd: Good evening.
Brown: Good evening. My name is Nicole Brown. I live at 7524 South Locust Grove,
Meridian. I live directly across from the Timber Creek Recycling. Mayor Tammy , City
Council, let me start by saying that it is my hope that the Council will deny this
application. With Meridian city's annexation of the subject property it has now ruled by
your standards of R-4. The reason for this annexation is that south Meridian is the
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fastest growing place in Idaho. The city recognizing -- recognizes this by expanding
services, putting in parks and approving multiple new subdivisions. An industrial use is
in direct conflict with the Comprehensive Plan, devaluing the current property owners in
the surrounding area. The Comprehensive Plan was prepared to provide for the future
growth in a fashion that preserves the best interests and uses for all citizens. The
Comprehensive Plan notes: The importance of thoughtful and responsible land use
planning -- which is why there is not any industrial zoning in this area. Note that any
new improvements should respect view sheds, open space. What I have gotten to look
at the last two years is a garbage pile. It was the city's intent to allow and maintain
existing uses when they agreed to the DA as a temporary interim use. Unfortunately for
the surrounding neighborhood, Timber Creek's current DA allowed him to increase his
growth by 40 percent. He is currently running at two to three hundred of that original
DA. The Meridian city has done nothing to monitor, enforce, or maintain the use that
was agreed to. This leaves all of us at the mercy of the industrial Timber Creek
recycling plant. It is common knowledge that very few people want to live next door to
an industrial site, especially one that is perceived as a dump, which this one is. These
perceptions affect property values in a negative fashion, which, in turn, hurts the
neighborhood and the intended use as residential. The governing bodies have made
sure that Timber Creek partners, i.e., the Ada County Landfill, Meridian substation,
Boise city recycling and processing plant, who are doing the same and similar
processing recycling as Timber Creek, are all required to be in industrial zones, taking
strict steps and measures to mitigate and minimize the effects on any surrounding
residents. At the last hearing the gravel pit situational was mentioned multiple times.
What Timber Creek is asking for and what you would create by even considering this
application is a condition that has all the same earmarks as the gravel pit project. As a
neighbor who is directly affected daily by this operation, I will protect my home value, my
view shed, and my peaceful lifestyle. Denial is the only way to protect current residents
who will lose the value of their properties, be unable to sell or develop their property
next to their once peaceful country homes. The Timber Creek plan has adversely
impacted our rights to quiet enjoyment and put into jeopardy future development of our
land, creating a very tangible financial impact to property values. Any expansion will
cause further negative impact to those rights and a resulting loss of land values. I ask
you to, please, deny this application and to have the applicant go back to his original
agreement, which he is already in noncompliance.
De Weerd: Thank you, Nicole.
Coles: Craig Brown would like to testify.
De Weerd: And who is your attorney? Who all are you representing? Okay. You will
have ten minutes.
Coles: Jim Cox would like to testify. Signed up against.
De Weerd: Did you raise your hand?
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Cox: I did. Yes . I signed up. I raised my hand. What's been said -- to be redundant, I
would only introduce myself. I'm -- I'm Jim Cox. 1305 Columbia Road. Right across
the street from the facility. So, I'm happy to -- to let Josh represent me.
De Weerd: Okay.
Coles: Troy Allen signed up against, wishing to testify.
De Weerd: And you're not part of the group that raised your hand either; correct?
Allen: Right.
De Weerd: Okay.
Allen: No hand.
De Weerd: No hand. Well, I'm sorry.
Allen: Troy Allen.
De Weerd: If you will, please, state your name and address.
Allen: Troy Allen. 775 East Columbia Road, Meridian, Idaho.
De Weerd: Thank you.
Allen: Council Members and Madam Mayor, the last time I spoke my concern was
whether the current operation even fell within the parameters of an agricultural or if it
was industrial at that time. At this time I would like to give you a scenario to better
illustrate why the current operation is industrial. If Mike was producing metal corral
panels for his own livestock and that of his uncle's, I think we would all agree that that
could fall under the definition of farming or ranching. Now, let's say Mike is done
enclosing his and his uncle's livestock and he decides to start producing them to sell at
D&B and Farm City. I believe most of us would say that at that point the production of
corral panels has turned to industrial. This is exactly what has happened with his
operation. He has grown and changed so much he is no longer agricultural. That may
not be what we are talking about right now, but I believe when Mike was annexed into
the city, which I don't know which one of you were here and not, which I don't think was
done properly, he might -- might have been within the guidelines of agricultural and I
believe he was going to be allowed to expand by 40 percent. With the volume that he is
currently producing I believe he -- if he produced his records, which he did, which I
would bet that that is not on-site processing that he is talking about, but off site and on
site and if you looked at on site it probably exceeds the 40 percent already. Since the
annexation -- I live right next to it. I have personally seen the increase in traffic, quantity
of product being taken in and out, increase in equipment used to process, the
transformation from a once agricultural looking piece of property to an eyesore of
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industry in our neighborhood. At the last meeting President Borton suggested that we
might call his proposal what it is and ask for rezoning to industrial and not try to slip
through the cracks with the -- in the process while it leans onto R-4, which is it just me --
that at least one person on the Council sees this request for what it is and I hope the
rest of you can look at the facts, make the correct decisions on this issue. Our
community should be what you're considering when you vote, not the interest of one
person or financial benefits are what you should consider, but, please, consider the
personal financial impact, personal quality of life and our community in general when
you're ready to vote. Lastly, once you vote no, which I'm assuming you all are, on this
project, I suggest you look closely at Mike's current operation and you reel him back in
to what he was doing prior to the questionable annexation. You have asked the
question to his attorney what changed. He never answered it. Very little is the answer
to that. Have you guys all read the 71 letters? Everybody read it? Everybody read all
the letters and from the attorney? So -- good. I think that is critical that you guys do
that, because I think out of the 71, 60 some of them are against and very few are for, so
-- I don't know if there is any questions. I know your question last time was what
industrial and agricultural -- I hope that explained was a little bit better. Thank you.
De Weerd: Thank you.
Coles: Dean -- Dean Symonds next, wishing to testify.
Symonds: Hello.
De Weerd: Hi.
Symonds: My name is Dean Symonds. 8151 South Locust Grove.
De Weerd: Thank you.
Symonds: I don't have any new information for you, but what I have is the perspective
of a really close, downwind neighbor. We -- I'm not against growth and I don't -- I'm
generally for the recycling, but just like almost everybody else out there I'm really, really
worried about our property values. It's the biggest investment I have and probably more
than that, if you allow food waste I'm really worried about the quality of life. You know,
when -- when Mike shuts off his equipment the noise stops and the dust stops, but the
smell doesn't go away and if there is food waste up there it's going to smell like the
landfill. That's all I have. Thank you.
De Weerd: Thank you.
Coles: Debbie Allen would like to testify.
D.Allen: I'm Debbie Allen. I live at 775 East Columbia Road in Meridian. Right across
the street from the -- the dump. So, here we are again providing testimony that this
industrial business is incompatible with the proposed location. We have explained that
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it violates your own zoning guidelines and it will devastate the property values of
everyone around it. It will be detrimental to the quality of life for all of us who live nearby
and it poses a fire hazard. It will likely cause leaching into the irrigation system due to
the piles of all kinds of stuff I guess. Not sure what all is in those piles sitting next to the
canals. It will put a tremendous burden on the roadways and a dramatic increase in
truck traffic. One of the things I wanted to mention -- and she left -- the Council Member
that asked about it already being a recycle center and how would that change. Well, the
whole point of this is that it's going to increase exponentially. So, it's already bad, it's
already well beyond what the original development agreement allowed, and if you
approve it it's going to be exponentially worse than what it is right now, which is already
detrimental to us. Last time we met you gave Mr. Murgoitio the opportunity to rewrite
his proposal, despite all the testimony against the proposal. He was supposed to and
said he would -- consult with the neighbors to come up with something that would work
for everyone. He didn't. He made it look like he kind of was trying. As was mentioned
already they didn't let the attorney meet with them as -- to be a part of that planning
process to have some input in how it was crafted and designed. Mike said that he
would restrict the amount of land to 36 acres, but in Section 6-1 he states that he would
store and use process recycled materials on the balance of the property. So, they didn't
really restrict the land. He said he would take food waste off the table, but it's there. It
also adds garden waste to it and as several people mentioned the food products are a
huge source of smell and that's something that everybody is really fearful of. The
previous agreement stated things like -- and other such products and other as required,
things like that, and that was part of the problem is that there were no boundaries. But
the new agreement has its own section of -- and whatever else you want to do. That's
Section 5-2-7 on activities. And, then, in Section 5-3 it also says: But not limiting and
related activities. So, there is still all this open ended, we can expand as much as we
want, we can do all these other things, because they fall within other activities. There
are still no boundaries. Furthermore, Section 6-4-2 states that Timber Creek will keep
the height of the piles of recycling materials at the greater of 25 feet or what the fire
department will allow. It doesn't say up to or not greater than, it says it's going to keep
the piles at the max. That's a little scary. The proposal seems worse than the first one.
This is a prime example of one person with great resources, apparently so well
connected that he trudges ahead, regardless of zoning regulations or development
agreements, as he has been this summer. He receives all kinds of exceptions -- can I
just summarize?
De Weerd: Please.
D.Allen: If you approve this proposal you are causing all that this greater majority of
property owners have put into our farms to simply evaporate for the sake of one well
connected entrepreneur who wants to operate where it's convenient. Mike is the only
one who can pick up what he's got going on and move to a location away from a
neighborhood and he should move it. It's a dump. The rest of us can't relocate. The
decades -- decades of time, work, and finances that we have invested into our farms
and homes, we can't move the trees we have planted, we can't move the concrete with
our children hand prints in it. We can't move the homes that we have built. But he can
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and he should. And I do have one picture just as a little bit of perspective. You have
heard about the piles of stuff. Here is a great big piece of equipment. You can see how
it's dwarfed by this pile and here is a person here and you can see how it -- the person
is just a spec. That's how big the piles are.
De Weerd: Do you want to show that to those behind you, too. Thank you, Debbie.
Counsel, any questions? Is there a chance we can get a copy of --
D.Allen: Yeah. I have already got your e-mails --
De Weerd: Okay.
D.Allen: Thank you.
De Weerd: Thank you.
Coles: Eric Sater is next, wishing to testify.
Sater: Good evening.
De Weerd: Good evening, Eric.
Sater: My name is Eric Sater. I live at 1102 Ruby Drive in Nampa and I bought that
house back in February, but for the prior nearly 16 years I lived within a mile of the site.
That's where my parents and most of my family still live today. So, I'm there quite often.
Madam Mayor, Council Members, I will try not to be too redundant with what's already
been covered. I had four main points I would like to hit. The first one being ag versus
industrial. A lot has already been said about this. But I think it's really the linchpin of
this whole proposal. He is trying to qualify his operation as agricultural, because the
product that he's creating is used for agricultural mostly. I submit that he also sells and
intends to sell more of it, but really if you look at the operation -- the operation, that's
industrial and it's out of place in the zoning. So, hopefully, that provides some clarity.
Agricultural product. Industrial operation. Maybe a comparison would be -- I don't think
any of you would allow Simplot to build a fertilizer plant on that site, even though the
products it creates would be for agricultural use. The second point is that he has
exceeded the original development agreement, as has been mentioned by several
people, and that there are no enforcement mechanisms around that. Complaints have
been filed and, basically, nothing can be done about it and yet he is wanting to expand
and grow under a development agreement, which means this operation will get bigger,
louder and more obnoxious, but still with no recourse for the neighbors around. Third
point, I sense a severe lack of trust in Mike Murgoitio by all the neighbors. I don't know
him personally, I'm not here to impugn his character, all I can do is observe him in the
interactions I have had, which has been three neighborhood meetings, two of them
being the official required ones, one being the voluntary one and two public hearings,
including the one tonight here. Through those operations -- observations, excuse me,
need to -- not just me, but several people -- less than straightforward with us on several
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questions we have had about its operation, shifting into positions and proposals and
only giving lip service to our concerns. The regional development agreement and
amendment that was heard at the last hearing were drafted to be wide -- as wide as
possible that said upon approval he can do whatever he wanted without any recourse
for us and this new proposal as has been pointed out isn't any better. As with
everything, it is based only on his word that his plans for odor, noise, and safety will be
effective and it will be enforced, but because of the lack of trust and belief in him, no
one believes that, A, he was to carry out fully or, B, comply with it. Lastly, sad to say, I
think there is a severe lack of trust in you and this process. It's been laid out very
clearly by multiple attorneys and dozens of neighbors and your own staff, that this
operation shouldn't be allowed at the site and, if anything, should only be able to
operate under a CUP for ag only at a much smaller scale than it is today, let alone what
is being proposed. Last hearing a proposal was submitted with last second verbal
changes. It should have been voted down and forced to go through a cup application
process. I just have a couple sentences left. Also, as pointed out by the attorneys, et
cetera, you have failed to enforce and uphold your own code currently with regard to the
zoning, DAs, and CUP and so it leaves us the question how we can trust you to follow
the law when you haven't to this point, especially when it's your responsibility as elected
officia ls to uphold it and how can we even expect you to listen to us when the majority of
us don't even live in the Meridian city limits. This proposal will affect a large number of
people, not only inside, but outside your jurisdiction and the fact that it's got to this point
is very troubling too many people. So, I just respectfully ask that you vote this proposal
down and even cause the applicant to scale back his operation significantly and apply
for a CUP in order to continue operating. Thank you.
De Weerd: Thank you.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I know there is more testimony and I don't have a question, I just think it's --
it's important that we put something that's on the record and I have heard a lot of
inferences tonight and comments about questioning that you can't trust the City Council
and that makes me really really sad. Likewise, we would never say that we can't trust
the public. Trust goes both ways. I trust that when the applicant gets up here that he or
she are being forthright, just like when everyone of you get up here and testify, I trust
that you're going to be forthright. So, I would hope, whether you live in Meridian or not,
that you would trust the City Council is elected to represent the community as a whole,
to listen to both sides of this issue and to render a decision and at the end of the day
you can choose to agree with that decision or not, but I really take exception with the
repeated commentary that is questioning the integrity of this City Council and so I would
ask that for the remainder of the testimony, you're welcome to share your thoughts and
feelings, but if we continue to question the integrity of individuals, that to me just is not
representative of our community whether you live here or not. So, I would ask
respectfully that you continue to provide your testimony to the issues at hand and -- and
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not defer to salacious or inflammatory comments, because I think that takes away from
this public process, which is designed to be respectful and kind. So, Madam Mayor, I
apologize for interrupting the testimony, I just -- I think it's important that we level set
before we continue on with further testimony.
De Weerd: I think one -- one point that it might not be understood is we have to
consider every application that comes in front of us fairly and respectfully. So, we don't
go out and pick what the applications are, but this Council does have to listen to
everyone respectfully and give it its fair and due consideration. So, I think that probably
is an important clarification. Mr. Clerk.
Coles: Thank you, Madam Mayor. Ryan L. signed up to testify.
De Weerd: Good evening.
Larsen: Good evening. Ryan Larsen. 4312 South Leonado in Meridian.
De Weerd: And that's Ryan?
Larsen: Ryan Larsen.
De Weerd: Thank you.
Larsen: Yeah . So, in typical millennial fashion I have to have my phone instead of a
printed piece of paper; right, so -- so, I oppose the expansion of the Timber Creek
project for the following reasons: Number one. This area is not zoned for industrial
use. In my opinion the zoning rules are supposed to mean something. People rely on
the zoning rules and make life decisions based on these rules. Number two. The
potential for unwanted and unpleasant smells, which are associated with this type of
facility, especially one that will be this large. Number three. There is a brand new
regional park less than a mile from this location. It would be a shame to have the smells
make this park unenjoyable for all the kids after spending -- spending hundreds of
thousands of dollars, if not millions -- I don't know the cost of this project, but I imagine
it's very large.
De Weerd: Millions.
Larsen: So, there you go. Millions. Thank you. This has the potential to make this
park unenjoyable for everyone. I grew up in Minnesota and all of our landfill, compost
areas, were many, many, many miles out of town. They were always in remote parts of
the county. Why does this project need to be so very close to the regional park, people,
and subdivisions? Number five. There is a plethora of growth in south Meridian. They
are building on all sides of me. East. West. North. South. And this project, if it goes
forward, will impact everybody new, as well as the existing current residents. Number
six. If approved the negative ramifications will always be there 24 hours a day and the
smells and your nose goes with you wherever you go. Number seven. Potential loss of
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enjoyment of home and quality of life. I love this time of year. Fall. It's probably the
best. College football. It gets cooler; right? Eating out on your patio, sleeping with the
window open, it would be a travesty if I'm not able to open my window and sleep
anymore or eat with my son out on the patio because of the noxious smell. Overall --
overall I oppose the project for the above seven reasons. Thank you for your time and
consideration.
De Weerd: Thank you, Ryan.
Coles: Sheila Miller, signed up to testify.
De Weerd: Good evening.
Miller: Good evening. Sheila Miller. 4170 North Azalea Lane, Boise. Madam Mayor,
Meridian City Council, the land I'm speaking about does attest -- does abut -- abut with
Mr. Murgoitio's land. Much of this land has been in my family for over one hundred
years. Though I did not grow up on this farm my dad and my uncle did. My sisters and
I spent nearly every holiday, most weekends during hunting season, weeks in the
summer. We floated that canal. Learned to ride horses. Feed the livestock. We
gathered grandma's eggs, even though we hated her chickens. We picked up so many
rocks we thought Grandpa Harvey was growing rock. Traffic on Lake Hazel then was
scarce. We did hear an occasional tractor and truck, cars on the road and guns during
hunting season. The neighbors were long time single families that usually grew enough
food to feed just their families. Yet times change, families move, farms are sold and the
land is subdivided. New families move to Ada county to injure -- to enjoy a rural
lifestyle. The area now is a fair -- is a nice mix of single family homes with families that
live in their homes. They live there. And some remaining farms. Changing the zoning
of Mike's land to a greatly expanded industrial designation is going to change the
character of this area. A change that allows for an increase in trucks, tractors, grinding
of concrete and its smell -- it is an industrial business, which does not belong in a family
populated and zoned area, but it does belong in a lesser populated area. A change in
character cannot be mitigated ever and I would just ask the Council to listen to all the
fine people that testified tonight and how much they put into their -- their dwellings and
their homes and their -- and their farms and this is -- there is a legal, but there is also an
emotional attachment to this area. Thank you.
De Weerd: Thank you, Sheila.
Coles: Rachele Klein signed up to testify.
Klein: Thank you, Madam Mayor and Council. Rachele Klein with Republic Services.
2130 West Franklin here in Meridian. And I wasn't sure if I was going to testify, but I
think after listening I just want to bring some clarity to some of the things you have
heard tonight. We run an industrial use property about a mile from here. We have
owned it for six years. It's been there for quite a long time. It's the Meridian transfer
station and just a couple of points I want to make tonight. DEQ permits sites like ours
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and -- but Central District Health regulates them and that's a very serious job and they
do come in unannounced. They check in regularly. There is an odor mitigation plan
and we have to follow up on that. That's -- that's not subjective, it's very objective, if you
-- if -- if someone calls in and complains we have to look at what was going on. I can
only speak for our operation, but I would assume -- they are strict with us, I would
assume the same would apply to Timber Creek as well. But, you know, we -- we run a
compost facility in Portland and -- it's actually Corvallis. It's called Pacific Region
Compost. We were the ones who suggested that odor complaint line -- because we
have one there and we are good neighbors, so every time that a complaint comes in we
look at exactly what's going on, if we are grinding, if we are wind rowing, what the wind
was like -- you know, we take all those things into consideration and we amend
regularly to make sure that we a good neighbor and here, you know, we have growth
surrounding us with the transfer station and, you know, we -- we take that seriously as
well. People complain and the health district -- we welcome them out anytime and they
do check in multiple times per year. DEQ comes once a year. The health district comes
regularly, checks to make sure we are compliant and I know that right now that this
operation might fall under that threshold, but if he changes use that there -- there is
regulations surrounding that and the food waste part is actually not post consumer food,
it's -- it's probably scrap, which is probably the same thing we are allowed to take. So,
it's -- it's really produce scrap, it's not post consumer meat. There's no meat and bones
and things like that, it's -- it's trimmings from preparing meals of just produce only and
so just to bring some context to what you have heard tonight, I want to make sure you
know that you can coexist peacefully and I know that they are an old Meridian family as
well. I think you have heard from quite a few tonight. They may or may not say it. I
mean what they are proposing is actually a competitive site to ours. We run the Boise
20 miles south compost facility and what Timber Creek is proposing would be a
competing site with ours, but I can't think of a better family to bring forth a project like
this and we would welcome them to the industry. Thank you.
De Weerd: Thank you.
Cavener: Madam Mayor?
De Weerd: Rachele.
Cavener: Can you give us kind of a summary of the different type of materials that you
take in at the transfer station?
Klein: Sure. Councilman Cavener, that -- on a daily basis we take municipal solid
waste. We take dead animals under a certain weight. We take in -- gosh, we take in
wood. We take appliances. We take in recyclables. Like cardboard and, you know,
plastics and aluminum cans and things like that. So, it's really -- it's designed -- with the
exception of household hazardous waste, which is only collected Mondays from noon to
7:00, everything else that you can take to the landfill you can bring to us. So, tires and
everything.
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Cavener: Garden waste.
Klein: Yard waste. Yeah . Commercial and industrial and residential waste.
Cavener: Thank you.
De Weerd: Thank you.
Klein: Thank you.
Coles: Madam Mayor, Members of the Council, no others on the sign-in sheet indicated
that they wished to testify. However, many, many others did sign the sheet, so I can
read all of those names at this time if you would like me to do that or if there is a
different way you would like to handle that.
De Weerd: We do have that in the record. I would ask before we ask the attorney to --
to have his remarks -- is there anyone else who would like to provide -- just one.
Blitman: Mayor de Weerd and City Council. Brenda Blitman. 8460 South Locust
Grove. I'm one quarter mile south of the property. So, I'm just outside the permitting
process -- or the notice process, so I didn't get notified about any of this activity. You
should have letters from me, though, in your packets and a couple of points that I would
like to make. In the packets is that your Planning and Zoning team is recommending
that this not be approved. These people have lots of training and they understand the
process and I think one of the reasons that they are not recommending that it be
approved is because of the process that Ms. Klein just described, which is the
conditional use process where you go through and have DEQ and have Central District
Health be responsible for making sure that the rules are followed. In my experience
development agreements are very loose and -- and the city has very few teeth to follow
up on those development agreements and I'm worried by not having the proper legal
processes in place that there won't be any monitoring of this site. I have been at my
property for 17 years. I'm a farm girl. I grew up three miles from this site. Very familiar
with the normal agricultural smells. I would say that composting wood is different than
the manure, so it's just a different smell and a different process that we have had for the
last three to five years. In my packet that I submitted online there is pictures of the site
that Ms. Klein mentioned, that's Boise city's composting site. The windrows are six to
ten -- six to eight feet tall, which is very different than the 25 to 35 feet piles that we see
outside our windows. So, I'm thinking that -- that I -- I'm less worried about the
windrows that are eight feet tall than I am about this huge pile that in the last ten years
has burned twice for long periods of time and all the toxic stuff came out. So, the other
thing is you will notice in my packet I did some math for you. fifty-six garbage trucks,
ten to 25 cubic yards are in a garbage truck, which is three to nine million cubic feet of
garbage a year. So, that's a lot of stuff and it seems to me like that's more industrial
than agricultural. So, that's my testimony.
De Weerd: Thank you so much. Yes, sir.
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Anderson: Good evening. My name is Monty Anderson. I'm at 1730 Suzanne Drive,
Meridian, Idaho. I'm just north of the feedlot and I have been there about 16 years. I
would like to ask these police officers to kind of watch me, because I think I'm the only
one of the neighbors that's for Murgoitio. So, that could be unfortunate. Yeah. Just a
joke. What I would like to talk and stress is sustainability. I have been involved in
agriculture for 57 years. I was raised on a potato farm. I was the first one to go to
college. I have been going into processors for two years. Thirty-five years I'm still are
in the processors. About ten years ago some of our customers -- and, Tammy, I mean
we are direct competitors with your -- your husband, but I know him well. We are
sustainability in a noncompete passion. About ten years ago our major customers
McDonald's, Sysco, the shareholders, asked about sustainability in not only potatoes,
but farming, because we cultivate -- we look at all crops. I led that effort for the potato
PSI. It was the first time that we got together as an industry. We had five processors
Lamb Western, Heinz, which is Ore-Ida, Simplot, Basic American, Cavendish, Sysco,
McDonald's. The IPM was to the National Potato Council, Canadian Potato Council and
I can go on and on, but I think the key is with sustainability. Growers are being --
especially small growers are being forced many different things. We looked at our
growers and they were asked -- you can ask 500 different things to do and it was
growing to a thousand. So, we took -- we took the bull by the horns and we developed
the first worldwide one sustainability initiative and I can tell you that I'm proud of Mike.
His father, Gary -- my great grandfather also homesteaded and we -- they called it not
sustainability, they called it survivability, and so Mike's taking this to the next level. He's
doing this out of necessity for their -- their operation. I like the definition of
sustainability. The ability to keep making what they make. And so I think that's what
Mike, Tor i -- the Murgoitio family is doing. I'm a hundred percent favorable for them. I
know there is a lot of people here that are against them, but I can guarantee there is a
lot of citizens in Meridian and other corporate folks that would be for them, so they can
have a way -- a way to -- to recycle their -- their -- their waste and when we talk waste
-- my family was one of the first to feed potato waste way back in '50s. We built a
potato plant and so we have been doing this for years. I think Gary's been feeding corn
to his cattle for years and years. We talk about food waste. They keep calling this
industrial and maybe the coin that that -- I would call it sustainable. So, anyway, I guess
I would strongly recommend that we approve this. It sustainable. It's the right thing to
do. As far as character, I think we should be celebrating Mike and Tori Murgoitio
family's honesty, integrity, charisma, their innovation, entrepreneurship, taking it to the
next level. So, thank you.
De Weerd: Thank you. In the very back.
Jantz: My name is Ken Jantz. I will be nice tonight. I refer to your --
De Weerd: Thank you, Ken.
Jantz: -- to your processing facility or Murgoitio's as a dump. I'm sorry. I haven't
changed my opinion. I live at 8440 South Locust Grove Road, diagonally across from
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the processing facility. My wife and I and family have 111 acres. I'm also agriculture.
You guys -- you, the city, will be my neighbors -- or are my neighbors. How would you
like it if I put in a swine raising process for which you had no authority to stop? I could
go to the county. I wouldn't do that to my neighbors. Mike's doing it to us. I went to his
-- let me -- let me talk first about the amendment. Broadly -- a lot of people talk about it.
I'm going to make mine short. Broadly, the amendment development agreement limits
Murgoitio to do whatever he says it says. Think about that. Have your attorneys read it
close? There is lots of or otherwise, self monitoring -- I'm curious about the weather
station he's going to put in. So, is he going to run a weather station or is the city?
When he runs the weather station it will do whatever he says it should. Another
question. I have the parties to the agreement. There is lots of LLCs and the attorneys
know that LLC stands for limited liability company. Usually those are used for tax
reporting purposes, but many times they are used for what the LLC stands for, limited
liability. So, my question is has some financial expert reviewed the financial statements
of the companies listed in the amendment agreement? I think you should if you haven't.
The other issue which was brought up earlier is like facilities and I heard you guys
comment about shutting down a gravel pit last meeting I was here. This isn't any
different. And that concrete that was laying out there in the yard, if you looked at that
last picture that was put up there, it's still there. He just knocked the pile down. You
could have covered it up with something. You won't be able to see it. It may be already
covered up. And he added a 16 foot high wall in the last two or three days. Okay. I will
hurry up and get done. I have one more real issue. The property that he claimed to
own for all these years, he didn't. They bought it from -- they got it somehow from Greg
Johnson, who had planned a residential area a few years ago, before he decided not to
do it, and, anyway, Murgoitios ended up with the property. So, that property hasn't been
Murgoitio property for more than about a half a dozen years and in fairness to all of us
in this open committee meeting, I'm going to ask a question, which will make you all
mad. Have any of you received gifts, campaign contributions, or have any contractual
arrangements with anyone by the name Murgoitio? If you do, please, recuse yourself.
Thank you.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: I will answer you. I don't know why it would make us mad. No. I did take a
Spanish class in eighth grade. I think it was his aunt was my Spanish teacher. So,
that's my only other relationship with Murgoitio -- from his family. But no other -- no, no
contributions. No other benefit.
De Weerd: Okay.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
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Milam: I have not received any contributions or have any contractual agreements with
anybody named Murgoitio. However, I must disclose I think we are friends on
Facebook. I could double check.
De Weerd: Oh, I'm sorry. This -- this young lady first, Greg. Thank you for that
clarification. We were left wondering. Good evening.
Harris: Good evening. I think I'm doing something wrong, because last time I was here
my name didn't get called either, but before I start my time I just want to tell you I'm
really sorry to hear about the death in your family.
De Weerd: Thank you.
Harris: My husband passed away from cancer just a short time ago and it's hard. So,
my thoughts go out to your family and especially your mom.
De Weerd: And mine to you.
Harris: Thank you. I'm not going to speak as eloquently as everybody else. I get up at
4:00 in the morning, so I'm a little bit on the tired side.
De Weerd: Can you give us your name and address?
Harris: Oh, I apologize. It's Andrea Harris. I actually live in Kuna. I'm at 649 East
Raison Court. It's a new development called Patagonia. And I found out about this
from the homeowners association, which brought me out here last time. I'm new to
Idaho. I came from southern California, with a brief stop in Arizona, and I was
temporary live -- I can't talk. Temporarily living in Meridian and I didn't know the area
and when we moved from Meridian to Kuna that was the first time I took Locust Grove
and it was kind of a surprise, because when I saw this gentleman's property, to be
honest, it looked like a dump. It really did. And I asked why in my paperwork didn't -- it
did not say that I was near a landfill, because that really is what it looked like. Some of
the pictures I see, they just don't look -- it doesn't look like that and, sir, I'm being
respectful and I'm -- you know, I'm -- and I'm nice all the time. I really am. So, that's the
first part is it really is an eyesore. It truly is. The other thing I want to address is the
traffic. It's just a two lane highway and I use that to go back and forth from Kuna to
Meridian. I can't even imagine what it would be like with all those trucks, those
commercial trucks on the road. Somebody spoke about the turns and I have been
behind some of those trucks and it's just not the right setting and I don't know how to
pronounce your name, sir, so I will just say Mike. It would just -- you sound like a great
person, an entrepreneur, you have got all these great ideas, but it just seems that this is
the right -- maybe the right idea, but in the wrong location. The other thing I want to
address is a fire. The fire hazard I suppose. When I came from Arizona I was in a small
mountain community called Happy Jack. It was all homes on about -- each one was on
about two acres. The only business, if you will, in the development was a fire station.
Exactly one month after I moved to Idaho -- I'm on -- I have been with the Red Cross for
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almost 30 years as a volunteer. One month to the day I got a disaster call to go out to
Arizona, because a fire burned through that development and the fire station was right
there. Thirty-two homes burned to the ground. Thirty-two with -- the fire station was
right there and I drive around Kuna and I drive to Meridian, I don't think I have ever seen
a fire station anywhere near this development. I can't even imagine if there was an
issue what would happen and we hear about these -- the fires and I have been to
Hurricane Katrina, I have been to all of those, but when someone you know is impacted
it really hits home and people that I know and love lost everything. So, I don't know
what the fire mitigation -- three seconds. Oh, my goodness. What the fire mitigation
process is -- can I please talk just a little longer?
De Weerd: If you will just summarize.
Harris: I will. You know, we -- we began the evening with an invocation and I would ask
everybody to use your wisdom when you make your decision, but the Lord also says he
is not looking for how much stuff someone has, he's looking at the relationships that you
have with the rest of humanity and, Mike, your neighbors, your friends, they are
standing up and begging you -- begging you that you're impacting them so negatively.
Go forward with your idea, but just do it in a way that everybody is going to benefit.
Thank you for letting me speak and I appreciate your time. Thank you, everybody, and
good night.
De Weerd: Thank you.
Johnson: My name is Greg Johnson. I live at 2037 East Terza in Meridian. I did own
this property for about 15 years. I did submit an application to Ada county to do a
nonfarm development on it and these same neighbors, all that you have heard tonight,
most of them were opposed to that one acre lot subdivision with 75 percent of the
ground remaining agriculture. They said it was much too dense. They said there would
be way too much traffic and they said that it would ruin their wells, because we would be
drilling wells for residential homes and we were also required by the Ada county to put
in a sewer system, rather than septics, and so I did not develop it, because it was
uneconomical. It's interesting, though, without the opposition of the neighbors it
probably would have been developed and they wouldn't have this issue, because there
would be homes where this has been proposed. I also am in favor of it, because it's
applying for a short window. Mr. Murgoitio knows that development is coming this way.
He only plans on being here I think approximately ten years. It is very beneficial to the
building community to have a place that we can take building materials from our job
sites that are now garbage -- we used to have to haul it to the landfill. It cost a lot of
money to haul it that distance to the landfill. Plus we paid a dump fee. The estimate is
we spent 1,500 to 2,000 per house to get rid of our garbage at that time. That is now
saved, because we have a facility that's close and we are also not filling up the landfill
needlessly, because it's being recycled. I think those are very good benefits for our
community. I agree that eventually it should be moved out onto the desert or
somewhere more appropriate for industrial, but on a temporary basis of ten years -- and
ten years is really pretty short. We will probably grow now that the sewer is available in
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this area, it will fill in from Amity to Lake Hazel in about a ten year period of time. That's
consistent with Victory to Amity in the previous years and I think we are growing about
as fast as we can grow right now. We are using all the manpower we have to build
homes and to build subdivisions, but we can't go any faster. So, I would say Mike
Murgoitio has been a very good neighbor. He's always done what he said he would do
as far as I'm concerned and I have had dealings with him over the last 15 years and
with his father. They are great citizens. They are good farmers. They are good people.
And now Mike is proving that he's a very good recycle person.
De Weerd: Thank you.
Johnson: I would very much support this on a temporary basis. And maybe we are all
crazy, but developers are not shying away from this area. They will -- this will develop
and the Murgoitios will eventually move out to an industrial park or some other place
with this operation.
De Weerd: Thank you, Greg. Council, any questions? Yes, Denise.
LaFever: My name is Denise La Fever. I live at 6706 North Salvia Way. As everybody
knows, we are painfully going through the process to change the Comprehensive Plan
and curiosity got the best of me on this one and I was looking at the process in which
this went through and when I was looking at the documents I noticed that this was an
annexation application originally at H-2015-0019, 41 parcel application -- owners came
together, of which the middle of those -- it was surrounded by the middle of people that
chose not to join the application. So, there were owners in that process that chose not
to annex. Gary Murgoitio -- I probably slaughtered that -- signed a declaration of
consent to annexation. He chose to do that. During that process the folks that all got
together and worked with the city chose to go back and have proposed zoning of R-4,
R-8, R-15 and C-G. They went through the public testimony process and the
development agreement is part of that process. Okay. In listening to all the residents
that have talked, it's kind of clear to me that there was some kind of operational creep
that went on in this process. There would be no need for an application if there wasn't a
desire for change and when I went back through -- and this is what's causing me to
stand up here today. When I went back through and I -- and I actually looked at the
development agreement, it looks to me like it changed in nature and went from an R-4
with the current operations to it almost looks like it's changing to industrial. Personally I
think this would be better as a rezone application. To deny this and ask them to do a
rezone application as industrial. Thank you.
De Weerd: Thank you. Yes, sir. And, then, we will get to the representative in the back
and we will -- I like your ring tone. That was the best one I've heard for a while.
Fish: My wife.
De Weerd: I'm not going to go there. If you will, please, state your name and address
for the record.
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Fish: She was wondering why I was out so late. I apologize for that. I tried to turn it off.
De Weerd: That's not a problem.
Fish: My name is Lance Fish. I live in 2904 North Brumby Lane. I'm retired. I was in
the land development business for about 40 years. I did a project with Greg and I did
several in competition with him, so we didn't always get along, but I happen to agree
heartily with his comments tonight. The people in this room that have homes out there -
- I think we have come down to the core problem, they are worried about property value.
They are not worried about smell or anything else, they are worried about their property
value and what's going to happen is Mike's going to get a good business going and he's
going to move it out of here. He's got to establish a reputation, establish a program with
all the committees he's working with and, then, he's going to go south. He's going to go
out there in the desert somewhere where you can get really big and make some money,
but he's doing a good job of what he's doing and he can't do it for much longer. Ten
years. And by Gary's side of that agreement he ensured that the City of Meridian would
get -- be able to build their park on Lake Hazel, which they are currently building,
because they were about ready to be cut off by the city of Kuna in the annexation
process. He also insured Meridian would have more property to grow for residential.
Some of the last, quite frankly, because you're totally surrounded by other cities. So, he
actually did these people a favor and I'm telling you that property is not going down in
value. They may have to wait a year or two, they won't be able to buy the new Cadillac
and the yacht and all that stuff next year, but when it comes up and -- and -- and the
odor goes away and Mike quits doing it there, they are going to be worth a lot more, the
City of Meridian is going to have more residents and everybody's going to be better off
and I drive by that property several times a week and I'm not seeing the dust and stuff.
Columbia Road has a lot of trucks. Columbia Road is a collector road for the valley. It's
bound to have a lot of trucks. How much construction is there going on in Meridian,
Kuna Road, and where is all the gravel coming from. It's coming right down Columbia
Road from the gravel pit by the airport. That's not caused by his project. There is farm
trucks out there. There has been farm trucks out there a lot. You don't raise farm
products to store it on the farm. You raise them to haul them off and sell them. That's
been going on for years. So, they have always been there. This project is not
increasing their traffic flow. It's high this summer, but look at the crowd. Anyway, I'm for
it. I think we ought to leave him alone. I think we ought to let him do his stuff. I think he
will be successful. I think he -- he's improving our environment by not leaving this stuff
land in the garbage dump for 50 years and decreasing the air value and everything else.
So, that's all I will say.
De Weerd: Thank you. Okay. I guess before you we have one last person.
L.Murgoitio: Lou Murgoitio. You can tell by the last name that I'm related to him.
Murgoitios have been around a long time.
De Weerd: Can you share your address.
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L.Murgoitio: 7373 South Maple Grove Road.
De Weerd: Thank you.
L.Murgoitio: Now, development will happen. I have seen it. I farm all these places. I
farmed the Miller parcel. The nice green hayfield over here. I farmed next to the canal.
I go by Mike's facility every day. Locust Grove. Lake Hazel. Columbia. You know, it
really -- I would like each and every one of you -- he is not going to be here forever in
that location. It's just not going to happen. The development is going to drive it out of
there. I mean that's the reality of it. Now, if you're going to live out in the country -- and
I have told this to a lot of people -- by golly you better put up with some of the country
amenities that go along with it and if you think it's going to devalue your property, I got
news for you, your property values aren't going to go down unless there is a big
economic crisis that makes it do that and so everything I have heard tonight, you know
what, I have got to tell you, we have been around a long time, too, and there is a lot of
dumpy places out there besides my nephew's Timber Creek. My dad said it best. Real
estate is a precious commodity. You got a young fellow trying to get his feet under him.
He knows he's not going to be there forever. He realizes that. You know, just like
Lance said, the previous speaker, getting his feet underneath him, he's going to -- he
knows that. It's not rocket science. I haul a lot of chips out of there for my operation. I
farm all around there. Just -- just -- I just want each one of you to honestly look at the
big picture here and I know you have heard a lot of, you know, complaints from the
neighbors -- I'm telling you that, the kid's trying. He's trying to make a go of that and I
would just ask you Council Members to really think about the big picture here. He is not
going to be there forever. I would answer any questions that you got.
De Weerd: Council, any questions? Thank you. Just after your ten minutes we will
take a break.
Leonard: Thank you. I could have used that before my ten minutes. See what I can
do. Mayor and Council, my name is Josh Leonard of Brian Webb Legal, represent
several of the homeowners and neighbors of this facility. The address is 971 East
Winding Creek in Eagle. I want to start really quickly. Council -- Council Member
Borton made an important point and pointed out an important problem in this case. A
development agreement is between the city and the landowner. There is not a means
of enforcing against a user. That -- the city would be beholden to that landowner to
enforce against the user or the person that's operating on that property. Council
Member Borton, you asked if there was a fix to this problem and there is. Require a
CUP. A conditional use permit. That way it's -- it's against the user, the applicant, and
it's enforceable against the user applicant, not the landowner. It doesn't end up that the
property gets de-zoned and de-annexed and kicked back to the county, which doesn't --
doesn't hurt this operation. Anyway, I want to -- that's how I wanted to start. I also
wanted to mention -- and I apologize, I'm going to butcher your name, Council Member -
-
De Weerd: Milam.
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Leonard: Milam. Thank you very much. The operation is allowed to exist on the
property and that's -- that is correct. But it's allowed to exist at the level it had as of the
date of annexation. If we can pull it up, I have a picture that shows that. An aerial.
While that's pulling up I will -- I will forge ahead a little bit. Meridian's development code
generally prohibits industrial uses, like the applicant's, on residentially zoned property.
The existing development protects his right to continue his use as it existed. The
picture you see here is an aerial taken from Ada County GIS that shows the extent of
that. If I could get the next slide. Just click on it. Thank you. This is how it looks now --
or this is how it looked in July. You have heard testimony from neighbors -- great
witnesses all of them, because they live there. They drive by on those roads every day.
They see this. You have heard testimony that it's grown 200 or 300 percent since 2016.
That's actually not allowed under a development agreement. You can't do that. But
there has been no enforcement to take him back down to where it -- to the size it should
be. Some other pictures. You can see the construction waste here. Tires . He said
he's removed those. The concrete that has been -- the pile's been flattened down. The
applicant's heavy use is already expanded beyond what was allowed in the existing DA,
but now he's saying trust me, I won't go beyond the next development agreement. I
won't go any bigger if you will just let me grow to this point. It didn't work before, why
would it work now? Why should we trust that now. And I apologize, Council Member
Cavener, for -- for bringing the trust into question. It's not about him as a person at all,
it's about the operation and about the neighbors who have been relying on him and on
his word that this wouldn't grow and they have watched it grow and so there is distrust.
It's just the way it is. The development code and the development director -- the city's
development director both called this a heavy industrial operation. That's why the
additional notice was sent out to everybody. As a heavy industrial use it's expressly
prohibited. If it weren't for the CUP option that's in code, he wouldn't have a way
forward, because it's flat prohibited. It's -- even with a CUP he's not allowed to grow,
except that he existed and an existing use can expand by obtaining a CUP. The reason
why a CUP is important is enforceability. It's also important because there are several
conditions that are required by code that go along with the conditional use permit. For
example, site screening. Not a bunch of skinny trees along the road. A site screening
fence that's -- that -- that -- so you can't see the trash, the junk that -- that's in there.
The trees are what's called vegetative screening and it's to screen the wall, not to
screen the junk behind it. It's to beautify the wall. He will be required to maintain all the
grounds in an orderly manner. A key one is that he would be required to locate all
mechanical equipment and operations, power driven processing equipment, operations,
shipping and delivery areas and outdoor activity at least 300 feet from any residentially
zoned area. Because this is a residentially zoned area that means the outline of this
parcel. That's a 300 foot setback from all of his property lines. He doesn't do that now.
That's what the neighbors are asking for. They are asking for you to comply with -- with
Meridian city development code and make him comply with Meridian city development
code. Another thing he would be required to do is to pave all driveways to mitigate dust.
Instead of going out and making mud, adding water to dirt, we are asking that he pave it
as is required in -- in Meridian city code. He would be required to store no unsorted
material -- these are quotes out of Meridian city's development code. He would be
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required to store no unsorted material outside. You have to build shelters for it. Like the
transfer station that was mentioned. The transfer station is an indoor facility. Stuff
comes in and, then, it's transferred out. It doesn't sit there and rot. That's what this --
this facility does. That's especially -- that's what compost is. It's rotting. It's developing
into thing -- into nutrients. That -- that's just the fact of it. He would also be required to
identify how the proposed heavy industrial use will address noise impacts and other
emissions before the city signs the DA, not after it, not when he changes up and goes
and gets a tier two, he would be required today. He would be required to obtain written
statements from all federal, state and local jurisdictions that -- not just that it complies --
the use complies or that he's subject to their jurisdiction, but that the subject property,
the proposed heavy industrial use, the site, the facilities, the structures and the
equipment involved all meet every applicable standard and he would be required to
mitigate all noise, odors, vibrations, blowing, debris and other materials. There is no
authority in the Local Land Use Planning Act or in the Meridian City Development Code
to ignore these requirements. It's mandatory and it's mandatory that he get a CUP.
Council Member Palmer, to your point earlier talking about -- I think we were talking
about the -- the Children's Museum was up and you mentioned fiscal responsibility. I
would encourage you to read that section in the memo that I provided. I apologize it
was late this afternoon. Suffice it to say this application, if approved, could be a money
pit for the City of Meridian as -- as the city defends against the law -- against the LUPA
judicial review that my clients have directed me to file. I don't want to see that happen.
I don't want to -- I don't want to waste money on lawyers that could be spent elsewhere.
Is everybody -- before we go on, is everybody clear about the Right To Farm Act and the
fact that it doesn't apply? I don't want to waste time on it if there is any questions. Not
only doesn't it matter whether it's industrial or agricultural, the Right To Farm Act is
designed so that when the residential area grows and a farm stays put, the residential
area doesn't drive out the farm. The opposite is happening here. The residential area
is staying put and the trash -- the trash pile is growing. The application came from
them. So, the Right To Farm Act just doesn't apply, even if this was an agricultural use.
I want to take a moment and compare applications. I want us to talk a little bit about
Boise city's 20 miles south farm. I want to point out the location on the map. It's about
10.5 miles out -- way passed -- way passed this location. I want to point out Boise city's
composting facility. That's a one mile radius drawn around it. The red circle being the
composting facility. See what -- what's there. It's all agricultural. It's all farms. They
use this compost there. This is the one mile radius of the applicant's site. I'm going to
go a step further. There are -- depicted are all of the houses within one mile of the
Boise city site. There are zero. These are all of the residences and houses located
within one mile of the applicant's site. There are over 65. Different site. The Boise site
-- I also want to talk about applications. The Boise's application included so many
details it -- honestly, it was -- it was tough to get through. It included about 45 different
studies and -- and technical papers that were not included in this one and yet it's 10.5
miles out in the country. It's not in the middle of a residentially zoned area. Somebody
said we need to reset. Council Member Cavener, I believe that was you. We need to
level set. Excuse me. And to get some context. I'm going to bring some clarity to what
the standard is here. The applicant doesn't have any right to expand. His rights are
protected by the development agreement. The only -- the only rights that -- that are --
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exist in this situation or the residents. They have a invested property right and a vested
interest in what happens out there. The applicant's asking you to give him more than he
deserves and to encroach upon their property right to do it and that's fine and the
reason why a CUP is important is because it requires mitigation from him and if he can
put forward enough mitigation that -- that the resulting negative effects are insignificant,
great. All you have heard today as testimony that the resulting effects are not
insignificant. I'm going to break down testimony really quickly in the last 20 seconds or
so. I heard two types of testimony. I heard, A, the applicant is a good guy, a good
businessman and I heard the word sustainability. That's one type of testimony. The
second one was the negative effects of the applicant's proposed heavy industrial use,
even considering the minimal mitigation effort of the applicant, will be terrible. It will
negatively affect the quiet enjoyment, the property values and the character of the
neighborhood. All will be significantly negatively affected. To leave you I want to say
one last thing. This isn't a situation of not in my backyard. The benefit of having
property zoned residential is that it's not in any backyard. Nobody should have to deal
with this. This isn't the situation where these neighbors are saying don't affect us. They
are saying don't affect residences. Don't put this in a backyard, let alone 65 plus of
them. Ask you to deny this application. Thank you.
De Weerd: Thank you. Okay. We will take a ten minute break, so we will reconvene at
10:20.
(Recess: 10:10 p.m. to 10:20 p.m.)
De Weerd: Okay. I will go ahead and reconvene our meeting. Okay. Just wanted to
make one last call. Is there any further testimony? Okay. We will ask for the applicant
to give us their wrap up remarks and respond to some of the items that were brought up
during the testimony and, then, we will entertain questions from our Council.
Murgoitio: Thank you, Madam Mayor, Members of Council. First of all --
De Weerd: Just restate your name and address.
Murgoitio: Sorry. Mike Murgoitio. 7695 South Locust Grove, Meridian, Idaho. 83642.
Managing member of Timber Creek Recycling. So, first off I want to start off by saying if
this composting facility were to start tomorrow we would only be composting the current
leaves that are on the site, which is about 20 to 25 thousand yards. The expansion we
talked about with some of the other stuff is capped by the truckload. Or the other things
-- all the industrial guys that are in those industrial parks in Ada county, every one of
those guys have called me this year for relief for their piles. Every one of them. And I
have not violated the DA, I disagree wholeheartedly, with the amount of material that
has come in over the past -- since 2015 or when ever the development agreement was
agreed upon. You can go to Ada county -- that's where I got those numbers from. I had
her e-mail me exactly every single yard and leaf that came in. That -- over the last --
since I started the contract. Those are where those numbers were pulled. Those were
not pulled out of thin air. Those are their numbers, not mine. The plan -- as far as food
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waste goes, the food waste that would be coming in if approved would have the -- two
things that would have to happen is it would have to have a city, such as yourself, come
in and say, yes, we want to be a part of this composting operation. Part of that
percentage of material that comes in, that food waste, is only ten percent. It is also --
the material that comes in is associated with carbon, which ties up the odors and which
is required to be ground up very quickly. DEQ specifies exactly the dates and times on
that. The feedlot odors and smells that my feedlot does is extremely minimal compared
to other feedlots in the area, because of the carbon content we put with the manures. I
challenge you to drive by any feedlot in the valley, compare it to mine and I guarantee it
will be a better smelling feedlot than anyone out there and it's due to my management
with our carbon. We will be not composting dead animals. That is absurd. Compost
piles will be in the similar size to Boise city, meaning when you grind it, windrow it, you
have to have a window turner designed to do it to that -- that size. We will be doing --
matching exactly what they are doing. My goal is to continue a healthy relationship with
my neighbors. I don't think there is any one of those neighbors in the past -- since that
site's been there, since I have been going there that I have ever turned away a neighbor
and said let's not have a cup of coffee or talk. I had an individual come up to me after
the meeting, I was excited, thought we were going to meet in the middle somewhere, all
they told me -- we sat down, we had that cup of coffee and they said, sorry, you seem
like a really nice guy, but can you pack up and move and I said you don't have any room
to kind of work with me on and they are like, no, we just think it's the wrong spot. So,
that kind of attempt failed. But I will still extend the offer for them to come out and do
that. The transfer station wood is outside. It is not inside. Again, that two to three
hundred percent is bogus. I would say check the records of Ada county. Let's see.
Boise city's site that they compost on is trucked out there, composted, and hauled back.
How I know this is I have an agreement with Republic Services to do some of their
hauling back into town. So, I do know their carbon footprint would not be the same as
this. Justin.
Cranny: Justin Cranny. Hawley Troxell. 877 Main Street, Boise, Idaho. Just a couple
of quick comments I wanted to address today. If we go back to the original -- the
original development, the one that's currently in effect, I would like to read some
language to you. Section four of the agreement states: The right to use and develop
the property shall be in accordance with the terms and conditions of this agreement.
The following uses are specifically allowed Section 4.6. Any use constituting an
agricultural operation as defined in Idaho Code 22-405-2, that's the Right To Farm Act.
If we go to that act, so -- well, it may not be -- contrary to assertions it's not applicable.
It is. The definition applies. What is an agricultural operation? Plant byproducts. Plant
waste. Plant compost. Keeping livestock. Transporting agricultural products.
Processing and packaging agricultural products. It sounds like what we are doing.
That's an agricultural operation and permitted under this original DA. That's what we
are asking. Furthermore, you can operate Timber Creek on the property as is currently
conducted or may be conducted in the future. We have some rights here. While they
may be running in and you have to comply with R-4, R-4, R-4, there is some existing
rights that we have under this development agreement that is effective and valid. We
are really not seeking to do much more than we are already entitled to do. Ag definition.
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Again, been hammered again. What's ag? What's industrial et cetera. et cetera.
Right To Farm Act defines an ag use as what I just said, you know, doing plant waste
and plant compost. The case that was cited and attached to the memo, that was a
jurisdictional fight. That wasn't defining what is ag and what's industrial, that was who
has jurisdiction, DEQ or Department of Ag. That's not really defining who is able to -- or
who defines what industrial use is, who has the right to governance. And Timber Creek
has zero objection to whoever has the right to govern, gets to govern over this -- this --
their -- their operation. Claimed to be detrimental. We have heard that incessantly
today. Surprisingly, until this amendment came up that had never been a complaint.
We asked for public records requests from the City of Meridian and from DEQ saying
who has complained? Like we have never received any as Timber Creek. Who has
complained? I filed today -- or with the city clerk those records that were received.
About three. All were found baseless. One point I did want to bring up. The 16 foot
walls were raised. There -- there is a new 16 foot wall on the property. It's a pile of
haystacks. Timber Creek was trying to say what else can we do to mitigate the visual
and noise impact. Let's put up some hay. We have recognized that when we are
driving on that lot, you go behind the piles of the ground up mulch, the sound drops to
negligible. Hey, if we put some -- some hay up it will block the site, so, hopefully, they
can say it looks like it's an eyesore and the hay will block a lot of the sound. Well, now
they are complaining about the wall. No matter what we do we get hammered.
Regulation. Again, we are for additional regulation and restrictions on what can
happen. Under the old original development agreement -- like I said, two pages of
documents -- or two pages of language about what Timber Creek can do. It's mainly
what they can do. There is no real restrictions. We are offering to say, hey, we will take
the additional oversight, we will take the additional restrictions on what we can and
cannot do. We are trying -- we are trying to address these issues. The site out in
Boise. There is a stack of requirements we have to go through. You have to do all
these things. They take biosolids from waste facilities. Not doing that. That adds an
additional level of regulation I'm sure. We are not doing that. The amendment versus a
CUP. We were told to do an amendment. When we came to the city they said the
amendment is the proper process. We -- we discussed this at the last hearing. What
do we do? Do we go with a rezone? Do we go with the continued amendment. It was
decided to keep pursuing the amendment, because end of the day we do a CUP, we
have notice, we have a neighborhood meeting, we have to jump through some hoops to
make sure that we mitigate any impact -- that's what we are doing. We have had
neighborhood meetings. We have talked to the neighbors. We are trying to mitigate the
impact. End of the day, a CUP amendment to the development agreement -- kind of
same place. So, okay, do we have to jump through additional hoops to get to the same
place. I think not when we were told to do this amendment and we try and put in as
much protection as we can. Additional complaints about it being loose still. It's a
business operation. We are trying to maintain a level of flexibility. We have added all
those levels of protection. We are trying to make sure that this isn't a loose goose, that
it doesn't expand the two or three hundred percent that's represented, which hasn't
occurred. We need to make sure there is some flexibility in the operation. Lastly, you
know, repeatedly stated, this is a grandfathered use. This is a grandfathered use. You
can't expand it. Well, to the contrary, Idaho law does say grandfathers can expand to a
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degree. Natural growth. Now, you can't quadruple in size. Yeah. That's understood.
Idaho case law -- I can provide the citations if you like -- does allow for expansion of a
grandfathered use. Furthermore, your own code provides that if you want to expand
additional area even, not just -- if you had the grandfathered use, hey, we want to
expand it to additional property, that's doable. Now, you have to jump through the
hoops, but it is doable. So, we are here trying to jump through the right hoops, trying to
get the issues and the complaints and the potential impacts mitigated. We have set
them out. We have described them. If there is further revisions to City Council would
like to see, we are happy to take it into consideration. But right now, after the last
meeting you said no more moving targets. We have solidified our position. We have
given you the amended development agreement. We have given you a solid target.
De Weerd: Council, any questions?
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: Thank you again, Justin and Mike. One quick question for me. Would you guys
be willing to move the sunset clause from, you know, at a smaller number than ten
years?
Cranny: Madam Mayor and Council Member Bernt -- Trent . Bernt. Wow, I'm on a roll
today. It is a late night. I apologize. Apologize to both of you. Really sorry. We set the
window to 2030 for one specific reason, with this site, should Timber Creek want to
enter into a contract to start bringing these materials on, to achieve tier two composting
and bring these recycled materials in and compost them requires a ten year contract
typically. It wasn't a willy nilly decision, like, let's see, let's, you know, roll the dice. It
was a couple of years to get -- jump through the hoops with DEQ and the Central Health
Department, get the operation plan in line, find a contract, get going. That will give us
the ten year window. That's why we did it. If you're open to -- I think that's the basis for
the 2030.
Murgoitio: Are you thinking like -- I mean half probably wouldn't be doable. It has a -- it
has to do with the equipment has to be purchased, the site planning. When you -- when
you build a site you go through a process with DEQ that you basically have to have the
whole site engineered. It's just a very costly deal. But it's one of those deals to where --
to me if development comes it offsets those costs. So, it's not -- to me it's like -- the ten
year deal is kind of floating for me, it's not a locked-in deal. If I got a developer standing
there with a contract in his hands saying, hey, I want to make you an offer on this, you
want him to leave, I'm out the door. So, I don't have to, you know, lock into that ten year
deal.
De Weerd: Other questions?
Palmer: Madam Mayor?
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De Weerd: Mr. Palmer.
Palmer: One thing that I hadn't caught when I read through the strikeout underline was
the -- the words about the weather station. Somebody brought it up. Can you tell me
what the weather station is and what your use for it would be?
Murgoitio: So, the weather station is a tool that we use for taking care of an odor
complaint or monitoring where an odor complaint could be coming from, so when DEQ
calls up and says, hey, we got a complaint, so we have an accurate daily monitor of
those -- those wind directions. So, basically, if the -- the person is over here, wind
direction is directly here, you know, we can go over here to this point and draw a line to
see exactly where that odor was coming from, as well as monitor different things as far
as, you know, rain and the -- the compost pile, to manage it properly you have the right
moisture content, heat. When there is -- your feedstocks, which are your different
carbons, your nitrogens or your greens and browns, there is a whole -- it all meshes in
with that plan with -- with DEQ.
De Weerd: If you can give it to the clerk.
Murgoitio: So, that right there is a temperature probe. So, we probe the piles. It's
about -- anywhere from a four to six foot probe. It goes into the pile and it monitors
what that temperature is at that location and those are used -- that's what we are
currently using on our site for our woodpiles, because when you ground and add water
it's a delicate balance between dust and a fire hazard with -- with the wood. So, we use
those tools very often.
De Weerd: I think the clerk is pulling that up. Does that make it clearer?
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: I'm curious what other materials Becky has to share with us. No. Yeah , just --
it was someone -- something that somebody brought up and just curious what exactly
that was.
De Weerd: Okay. Thank you. Mr. Borton.
Borton: Thanks, Madam Mayor. As a follow up to -- I think it was Councilman Bernt's
question on the termination, there has been remarks about, you know, a temporary use
and you have made gestures now that -- that may certainly be your intent. The
language as written doesn't have any sunset clause at all. There is -- there is conditions
on the recycling that if those were to occur, which may never occur, then, that use would
stop and, then, for the -- the composting really isn't a termination clause as written. So,
if the intent is to have some date certain by which all uses shall cease, that's different. I
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just wanted to be clear. If that's what you're saying that would be different than what it
says.
Murgoitio: We wanted to leave it open for -- we don't know what this economical cycle
is going to do. So, to say deadline it at ten years, eight years or 12 years, I don't want
to put myself in a box to where, you know, it's not a part of my long-term plan.
Borton: Sure.
Murgoitio: Right? So, we are trying to put the literature in there as such, not to be so
open as you say, but as trying to word it to where it does have a sunset clause without a
binding way of either side, in a way to where it's, you know, more towards the
encroachment of development.
Borton: So -- Madam Mayor?
De Weerd: Yes.
Borton: I think I get it. It sounds like it's like being sort of pregnant, which you can't do.
Right? I mean some things sunset or they don't and that's what I struggle with. If, in
fact, it's -- we are talking about termination and it just come up because there is so
many comments about, you know, it's a temporary use, there is going to be a change
and -- and begs the question if -- if these mitigation efforts are -- are sufficient, well,
then, why not be a permanent use? And why wouldn't it be appropriate to be there for
50 years or 60 years? It seems as though the focus is on the temporary nature,
because we recognize that these incompatibilities -- we may suffer with -- for a short
period of time, maybe the benefits outweigh the costs, and if there is a true sunset
clause, then, we can rest assured long term the region successfully develops. But as
written it doesn't say that and that's the reason for the question.
Cranny: Madam Mayor, Council Member Borton, you're correct, it was a misnomer to
say it's a sunset. These are conditions that will cause the termination of the
development agreement and the right to conduct the recycling activities. It's not a hard
date.
Borton: I agree.
Cranny: Now, the question is -- there is two options. You gave us. No hard dates -- or
no date at all. Let's do it permanently, which I don't think anyone here really is
interested in, especially behind me, or we say -- we set one that's so short that it makes
it -- that it's not feasible. So, the question would be, you know, what -- what's the --
what's the hard date going to be. We could come up with that. Again, you know, this --
what's the economic -- economic climate. If there is a huge downturn again, well, there
is going be no development. So, let's keep doing the use. If there is -- if there is not
one and the growth comes quicker than expected, and he gets that contract in hand in
five years, he's gone. So, it left it subject more to kind of what was represented, it's
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organic growth of the City of Meridian and the development. It's keyed to that. So, if it
grows faster, great, we are out sooner. If it grows slower, well, then, we are a little bit
longer.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Woke myself up. So, remind me something that I think you said probably in
opening about the sunset clause. That it has to do with -- I guess to Councilman
Borton, the difference is you have a hundred acres with one house on it, as opposed to
one acre with four hundred houses on it or whatever. So, that there is a certain amount
of feet that as soon as one house is built within so many feet you're gone; right?
Cranny: Madam Mayor, Council Woman Milam, the one condition you're talking about
is when there is a C of O granted -- I'm sorry, condition of occupancy granted within a
thousand feet of the grinder. Now, again, to keep with the organic growth, instead of a,
hey, I have got ten acres, let's do a quick subdivision of five and put up a little shack and
get a C of O and they are out, this was to say when the natural growth occurs. So, we
added some requirements to make sure that it's that organic growth and not just this -- I
can trigger this now.
Milam: Madam Mayor, follow up? So, you just move the grinder?
Cranny: Michael can answer this.
Murgoitio: The window of where that would be would be too small to operate the size of
piles that you're talking about. It would be impossible to continue the amount of volume
that comes in with just simply moving the grinder.
Milam: So, in essence, as soon as growth comes out and a house -- the CUP -- if it was
within a thousand feet you're done. You're not just going to move the grinder
somewhere else and continue.
Cranny: Madam Mayor, I think given this position, if -- if it would make the Council more
comfortable -- and, again, not to move the target, we can add language that as soon as
it's done -- you know, the grinder cannot be moved to an alternate location on the
property. Would that -- would that appease some concerns?
Milam: I'm sure it would --
De Weerd: Okay. I'm sorry. Any other questions?
Murgoitio: Thank you very much.
Cavener: Madam Mayor?
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De Weerd: Mr. Cavener.
Cavener: I hope we keep the public hearing open maybe from lessons learned. Before
we maybe jump into some deliberation I have got some questions for legal. There was
a question raised earlier from a member of the public inquiring to the Council's
relationship with the applicant and I appreciate the question being asked, because I
think it only improves transparency and goes back to my earlier comment about trust.
So, the question was who on this Council has a relationship with the applicant, Mr.
Murgoitio, and so I will be the first to say that I know Mike. I met Mike and his wife when
I was campaigning last year. We bonded over our -- our enjoyment of farming. I grew
up on a farm and I would be so proud to call him a friend and I don't know if he could
call me one, but I bet he would. I also think it's important to know even though it's a
public record and you can go look and see where all my donations came from, Mr.
Murgoitio donated to me. So, I think it's important that you know that. That said, I have
been on the City Council for five years, I have voted in favor of applicants who have
donated to me, I have voted against applicants who have donated to me. I have voted
in favor when the public who have donated and knocked doors and have been my next
door neighbor -- have come and testified. I voted against applicants where were
neighbors who have knock doors and donate to my campaign have come out and spoke
in favor. One of the things that I have learned being on the City Council is that every
decision we make we are going to make somebody mad and with that comes a little bit
of freedom, because you are able to make what you believe is the best decision. So, I
can't remember who it was, but I appreciate you asking the question and I think it's
important for transparency that I share that with. As we continue deliberate as Council I
don't want the public to have a thought or a fear that because I have a personal
relationship with somebody that that impacts my decision. You can go back and look at
my record and you can see that I have made good friends, good neighbors happy, I
have made good friends, good neighbors angry at me. It just -- it comes with being part
of a citizen led City Council that inevitably somebody who you know, you have a
relationship with, is going to be before you. So, I just thought it was important to put
that on the record now. Madam Mayor. A question for --
De Weerd: I didn't hear a question.
Cavener: Madam Mayor, I do have a question, though, for Mr. Nary. In the testimony
there was a question raised about the legality of this application and that we -- it should
just come through as a CUP and I was hoping you could respond, maybe give Council
some -- some clarification on that.
Nary: Thank you. Madam Chair, Members of the Council, Council Member Cavener,
lawyers tend to disagree on occasion and may have a different perspective of the way
the code reads. We have never required a development agreement to go through the
CUP process to expand or to change, even if the change could have required a CUP in
another context. So, the process we follow today is the same process we followed as
long as I have been associated with the Planning and Zoning or the City Council issues.
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So, every condition that was requested by Mr. Leonard could be incorporated into a
development agreement. Mr. Leonard raised a concern that the only provision in the
code regarding development agreements is the annexation. What the code says is
when you agree to a development agreement you consent in that process to being de-
annexed if you violate the condition. It doesn't say that is the only remedy that you
have. That is generally the remedy we use, but it's not the only one. So, if the Council
decides in favor of this application and wants more specific requirements placed in the
development agreement, you can -- you can direct that. Those weren't provided to you,
because the staff recommendation was denial. So, everything that's been requested
could be done in the development agreement. The CUP process doesn't change
anything and it's my reading of this code and our UDC that it is not required to do that.
It wouldn't change the outcome of the process, because you would still have notice, you
still have neighborhood meetings, you still have a public hearing and you still have
conditions of approval, so that the requirements of the CUP are no different than the DA
can be, it's -- again, it's a contractual relationship between the city and the applicant.
The applicant can be directed through the property owner and the signers of the
agreement, which can be the operator. So, all of those things can be incorporated into
a DA. We haven't done that, again, because the request was denial. I hope that
answers your question.
De Weerd: Any other questions from Council or staff, the applicant, or any of those that
provided testimony? Or I guess I would ask Council if you want to take any additional
testimony.
Cavener: I'm in favor of it if it's important. Yeah.
De Weerd: If you would , please, state your name again.
Gibbons: Loyal Gibbons. 8350 South Jardine Lane. One really quick thing. It goes
directly to your question. Our lawyer -- or the lawyer touched on it briefly. The only
people who own land zoned within the city -- within the thousand feet are the applicants.
So, they have the golden ticket to keep it from not developing until they decide to.
Everybody else who might develop is either in the county still, you know, hasn't been
annexed, so it's -- it's a quilt around there. They are the ones in control of that. So, you
should know that.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I guess that just brings up a question for clarification and -- is that only if there is
growth within a thousand feet in Meridian city limits or is that -- does it say a thousand
feet in any direction?
De Weerd: Mr. Nary?
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Nary: Madam Mayor, Members of the Council, so, the development agreement, Council
Member Milam, is only directed to growth within the city. We have never in my time
ever required or made conditions based on other entities or other jurisdictions approval.
Predominately because the city has no say in those approvals. Many times we don't get
notice of those approvals. We may not even know they have approved a residence
within that thousand foot zone that's in the county until they are moving dirt. So, we
have never required that in any development agreement that I have done since I have
been here.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Borton: Does the applicant get the last word?
De Weerd: The applicant will get the last word. I thought maybe you should finish your
discussion in case the applicant needs to respond further.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: So, appreciate the input and comments on every side. I think it's of great value
in this process. Taking a lot of notes, walking through the details of this -- the
development agreement, it's -- it's hard not to get lost in the details and the minutia of
every shall versus may, but it's really the only way to make anything like this successful.
Everything hinges on shalls and mays, especially if there is not set termination dates
and amongst the list of mitigation issues that were discussed to try and address what
otherwise would be unacceptable conditions, we discussed requirements of inspections,
hours of operations, manner of composting, termination clauses, truck counts, smell
mitigation, sound mitigation, site mitigation, landscaping, dust mitigation, fire mitigation,
DEQ compliance, all of which seem to -- to try to address what otherwise is -- is an
unacceptable circumstance for this area. The -- the takeaway is these exceptions seem
to be the tail wagging the dog for this particular use for me. In light of the fact there is
not a hard end date for this type of use at this location, that -- that is of interest, because
that doesn't exist today and if that's some of the trade off that would occur, it doesn't
sound -- that's not in the development agreement today. That's not what's proposed
and it doesn't sound like it's possible to make a hard deadline, at least from what I have
heard so far. So, I think the existing use is grandfathered, which is not to be expanded.
I think that's what's most appropriate. So, I am not -- not in favor of amending the DA as
presented for those reasons and the fact that this very well may continue in perpetuity,
you just don't know.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
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Milam: I guess where I have a little bit of a hard time with that, as I understand, we
don't want it in perpetuity, but growth is going to come out that way. Locust Grove is
going south and -- and that's where the ten years came from. That was an estimation of
how long it would take based on previous -- the previous mile. So, I don't -- I'm not --
that doesn't bother me so much, because of -- because we know that growth is going to
come, unless there is a huge -- the only way it could function longer is if the market
crashes again and the building stops and -- you know, and, then, there might not be an
industry for what he's doing anyway, so it still may stop. I guess the biggest issue that I
have with this -- and I -- I have listened to all of your testimony, I have read all of your
letters and I truly care and I don't want you living in -- in a dump. However, I have been
out by this place and I was pretty impressed with the way that it was kept up. The
property would not have been annexed had we not asked the Murgoitios to annex for
the betterment of the city and I think that if they were in the county and they weren't --
hadn't annexed into the city, they wouldn't be -- there are not as big of restrictions within
the county, this may not be such an issue, they probably could have had this expansion
done and approved a long time ago, but they are having a hard time, because they did
a solid for the City of Meridian and that is what the hardest part for me is and I think that
they will do better -- unfortunately, there are small number of homes that will -- that may
possibly be negative effect -- may negatively be affected, but they will do more
betterment for the community as a whole than the damage that they would -- that they
could possibly cause.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Question for Council Member Milam. Can you just for the sake of the record
disclose when you were out at that facility and when that timing occurred?
Milam: I had a tour of the facility -- it was about a year ago, maybe. I am the liaison to
the Solid Waste Advisory Commission and went out to just look at the whole operations
of the facility to see if this -- they were trying to decide, the Solid Waste Advisory
Commission, to start contemplating composting for home garden waste, because we
have -- had a lot of community members -- Meridian citizens ask for that service. So,
that was the purpose of the tour that I went on was really just drove around and looked
at how things were set up and I didn't notice any -- the cattle to me has a lot more smell
than the composting that we are discussing, but that to me -- if I was a neighbor that
would be what was bothering me, not -- the composting was fine. I was really
impressed with the quality of the -- of the setup and the organization of everything. I
was very impressed.
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
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Little Roberts: Madam Mayor, I tend to agree with Mrs. Milam and what the family has
done. Probably the biggest thing right now that seems like we can serve everyone is
the fact that if they are allowed to go to the next tier, then, there is so many more
sideboards on it, because it seems like none of the issues are going to really be
resolved without more odor control and more things that will come into play if they are
actually larger than -- rather than continuing on with the exact same thing that they have
been doing, which is grandfathered in. So, I'm -- I mean this is a tough one, but that
keeps coming back to my mind, that there is more sideboards and more regulations,
you know, to go to the next step and people keep talking about odors and things that will
be under control of even -- I don't remember which -- what we were told -- Health and
Welfare, something that really surprised me.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I do agree that that's -- that is a good point with regards to the -- the benefits
that come that don't otherwise exist with its current condition. The tipping point for me is
-- is a date certain on termination to use. There is a mechanism and there is gestures
that maybe there is going to be comments to that effect, but a date certain where the
recycling and composting all ends, I think that's what makes this successful long term.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Just some food for thought around the date certain, because like Council
Member Borton, I have -- I have wrestled with that particular piece and where I -- where
I think I have come down and get it, I still don't quite know where I'm going to be on this,
but on this piece related to the date, the reason why I support development action, as
opposed to date action, is none of us have a crystal ball, none of us knew in 2008 that
we would be as booming as we are now. Likewise, in 2004 nobody knew what Meridian
was going to be like in 2008. If we as a body support and approve this use, I think it's
development that should end it, not a specific date, because if development moves
faster, well, then, Mr. Murgoitio, should we approve this, is going to need to move
someplace else. Likewise, if the economy falls out and development in that part of town
slows or stops, he can continue to operate as -- as Council would permit. So, I would
rather see growth be the driver to have Mr. Murgoitio relocate than a specific date on a
calendar for me personally.
De Weerd: Mr. Nary, I think a couple of statements have come up that if this property
were in the county it would be allowed to expand. What -- what is the process for that
and -- and when it's in an area of impact what consideration do they give? Can you
answer that?
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Nary: Probably only part, Madam Mayor, Members of the Council. So, if this was -- if
this was not annexed property into the city, there was earlier statements that it was not
an allowed use in the county. I don't know that. I mean what they were doing was
already being done in the county. Whether this particular type of approval could be
gained in the county -- I don't know if planning knows either whether or not that would
be allowed if this wasn't in the city. So, they certainly could apply, I just don't know what
the county standards are in regards to a composting facility. Obviously, they approve
them, because the Boise city facility we have talked about is in the county. But it is in a
different location. So, I don't know what county standards would apply and whether the
composting would be allowed in the different -- in this if it wasn't in the city. I don't know
if Sonya has any idea either. I don't know. I'm sorry.
Coles: And, Madam Mayor, to answer I think the second part of your question, when
activity occurs within our area of impact, but it's in the county in our area of impact, the
county does notify the city of a pending application and does allow the city to provide
comment on that application. So, if that were to occur we would be -- we would have
the opportunity to provide comment.
De Weerd: I guess I go back to Councilman Borton's -- you can't be half pregnant and
we are going through a comprehensive plan update and, you know, either this is
industrial or it's residential, it's -- and you maintain what the nonconforming use was,
rather than expand it. I do think that we need a solution to food waste and recycle
waste and -- and to have a sustainability model, not just at the landfill, but that another
one on the south side. Does it belong in the middle of the city? I don't think so. This,
before we annexed it, it was -- it was identified on our Comprehensive Plan as low
density. So, you know, the R-4 designation is -- is a little bit higher use and the low
density at that time was considered more two to the acre to transition from the Kuna
area and to have some kind of a transition zone. If it should be considered industrial,
yeah, I just feel like we want our cake and we want to eat it, too, and we want this
higher density or higher impact use of industrial until we get a good price to redevelop
as -- as residential and I guess that's what I struggle with is that one property -- and you
heard that in testimony -- is going to dictate all the uses around it and limit that until they
get a better -- a better offer. So, I think that the question in front of the Council is do you
want this as industrial or do you want it as -- and there is a process for that or do
you want it as residential, which is already contemplated in both the annexation and the
long-term Comprehensive Plan. So, it will impact the neighbors. To think that it won't --
but I do think Mrs. Little Roberts did raise a good point that Mrs. Milam also brought up
is with the regulation through DEQ and Central District Health, the expanded use is
going to have greater regulation than the current use. And that just made it clear as
mud.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
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Borton: I'm kind of chomping at the bit to hear what -- of what this comment might be to
either thumb up or thumb down and some concepts with termination clauses. Is that fair
to --
De Weerd: That's why the -- that's why this public hearing was still --
Borton: Needing more comment amongst the Council, but --
De Weerd: And they still haven't had their last word, so -- no, they didn't.
Murgoitio: Mike Murgoitio, Timber Creek Recycling, managing member Timber Creek
Recycling. Sorry. It's late. I don't know if you could pull this back up. This is a
neighborhood impact. Yes . If you would pull that back up. To your point, Madam
Mayor, Commissioner Borton. To your point, you wanted some more -- you know, what
you're saying is basically we have all the tools in our toolbox to keep going and no, you
know, such ways for others to really dictate, you know, what we are doing. We are --
we are willing to take the properties from a thousand feet, if it hits the processing area,
not the grinder, the compost, it's done. So, I think that's a little safer for the neighbors
and it's something we think is close to what we were thinking of doing anyway is fair.
So, as she pulls that up -- if you see right in the center where it's outlined is the
processing area, that whole outline right there. Basically to north, if the city -- like, you
know, he stated, the -- the grinder, just have it be in the processing area, so --
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: To clarify that, like do you own the property a thousand feet -- okay. So, it's not
in your hands, like --
Murgoitio: No.
Milam: -- as has been --
Murgoitio: No, it is not. No. We do not own -- we farm it, but we do not own it.
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: So, I think that the big gorilla in the room right now is, you know, what dictates
this decision going forward. Is it growth? Do we wait for growth to -- to put Timber
Creek in a position where they move or do we -- or do we go by a contract that's -- that's
closed and very defined that lays out, you know, whether -- I guess in this case it's a
development agreement and so with those -- with those two options in mind, my gut
tells me -- and I lean more toward the development agreement. If this were a similar
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situation, similar project inside -- inside our city limits down the street or whatever,
somewhere closer to where development currently is, I feel like we would have a
different point of view. I feel like, you know, maybe we wouldn't be about growth, maybe
it would be more about, you know, what is stated specifically in the development
agreement. So, in my -- in my opinion I -- I favor a strong sunset clause somewhere,
sooner than later, and that -- and hence my question that I asked earlier. Mike, you
know, do you favor something, you know, three years, five years, that gives you an
opportunity to go out and try to find another location and I know that's not something
you -- that you -- you -- that you stated, that it's not something you're interested in doing
for various reasons, but, you know, not having something -- having total -- almost is -- I
guess is to better control over that area without having an exact end point makes me
nervous. It makes me nervous as a -- as an elected official, who, you know, makes
decisions based upon the betterment of the community and so I don't like open ended
anything period. I don't -- I don't want -- I don't like, you know, hypothetical situations
being discussed based upon is growth going to dictate this decision in two years, five
years, seven years, ten years. That to me it just is a recipe for disaster and so I'm not
saying I'm for or against, I -- you know, it's getting late and -- but that -- I think my
sentiments fall more in line with -- with Councilman Borton right now, so --
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I don't see why we couldn't do both. You give -- you do it with the -- with the
distance, knowing that it's probably going to happen within ten years, but put a hard
number at like 24 or whatever the number -- 2040, which gives him that extra ten year if
-- listen. Or a thousand feet, just like it says now, knowing that that will probably
happen in less than ten years unless growth stops, so it only allows that, but it gives a
hard number, it kind of takes care of both issues.
De Weerd: Okay.
Milam: We are still going back -- Madam Mayor? Right now the contract states with -- it
says a house -- a permit -- it's getting late. A C of O within a thousand feet of this whole
area. Now he just expanded -- a thousand feet of that whole area they are -- they are
done.
De Weerd: Okay.
Milam: That still stays. I'm not taking that out. Or the latter if that never happens, that
means growth completely stops, which I think everybody in this room knows is not going
to happen, but it just gives a hard number -- because there is some people that feel --
De Weerd: Can we -- can we not have a two-way dialogue, so --
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Milam: Sorry. The only reason to put it in there is to not leave it open, because the way
it's written right now it's open and it could be just renegotiated after ten years. It could
be renegotiated for another ten years and another ten years and another ten years.
This puts a hard end date on it if the other one had not been met. You know, if the
thousand feet had not been met, then, it goes out that far. That's not going to happen.
It's just to close up the paperwork. I know.
De Weerd: No. I'm -- I'm sorry.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: So, thanks, everyone. Appreciate your patience. Here is one of the
challenges, because we are really, really in the weeds on this project and we can go
back and forth. So, it's not trying to be rude, but what happens procedurally -- all the
nerdy stuff, right, if we open up for more -- additional comment, it never ends. Right?
And we understand and it's not -- it's not that we don't want to hear or receive additional
input, you made your points. Very well received. But we will, in fairness to everybody
up here and down there, we would be here all night and we made that mistake in other
hearings with good intentions and it goes back and forth and the applicant and pretty
soon nobody's happy. So, we will be kind of equally rude to everybody by -- hopefully
you understand and appreciate that's what we mean when we are trying to move this
along, to quiet the comment from the crowd. So, I don't mean to be disrespectful, but
for understanding --
De Weerd: I guess, Council, what is baffling is we plan cities and the county plans for
these agricultural uses. This is annexed in our city. It's in our area of impact and if this
application were in front of the county at this point we would be very concerned that
there was consideration being given for this kind of an industrial use in our area of
impact and this is unusual -- it's highly unusual that we have the situation that you look
at it in any other -- in any other scenario I can't see that the City Council would be
considering it, which is why you have the recommendation from our city staff for denial.
It's not contemplated in our Comprehensive Plan. It would -- it's really hard to enforce,
even putting a sunset. It's hard to enforce that it gets expanded. It's -- it's an anomaly
that we haven't seen before and that's why we are going to be clunky in our
discussions, but if it were -- this -- this is a needed -- a needed amenity for Ada county
and it's certainly something that's needed for our citizens and we do respect the
Murgoitios and -- but we -- we are looking at land and we are being asked to consider
something that is not -- has not been considered in any of our planning processes and
we are being asked to consider it for temporary and what temporary means is not
defined either. So, I think we are going down a real dangerous path in -- in what we are
considering at this point when you look at what we as city planners are supposed to be
doing. If we want industrial use in this area, then, we are updating our Comprehensive
Plan and this is the time to -- to consider that as a permanent use in that area, if this is
something that we really should contemplate.
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Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: I don't feel that I need any additional information. I move that we close the
public hearing on Item 9-G.
Milam: Second.
De Weerd: Okay. I have a motion and a second to close the public hearing. All those
in favor say aye. Any opposed? Okay.
MOTION CARRIED: ALL AYES.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: I move we approve H-2018-0042, with the modification of the development
agreement with the following amendments: Under 6.8.2 where it states that within a
thousand feet of the grinding machine located on the recycling property, to be changed
-- there is two points in there where it mentions it -- to be changed to within a thousand
feet of the processing area -- for Mr. Nary to put the appropriate language to that effect,
or approved otherwise.
Milam: That's it?
Palmer: Point eight point two.
Milam: Second.
De Weerd: Okay. I have a motion and a second. Any discussion?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Councilman Palmer, are you sure you don't want to throw 15 years in there as a
secondary hard close date or anything? Okay.
Palmer: Madam Mayor?
Milam: Is other Council --
De Weerd: Mr. Palmer.
Meridian City Council Meeting Agenda October 2, 2018 – Page 120 of 580
Meridian City Council
September 18, 2018
Page 94 of 94
Palmer: While I would love to, just to make people feel better, again, we -- as
Councilman Cavener pointed out, nobody has a crystal ball. I -- I would bet that this
doesn't last that long, but should the economy tank and we get back into a situation
where there is no development, still a few miles north, only development, then, the use
should be allowed to be continued.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: It's actually Councilman Borton that is -- that is the hard thing, so -- I'm good
with it the way it is. Because I think there is going to -- growth is going to happen in
probably less than ten years. It could happen in six years. The way that growth is
happening in Meridian it's probably going to be -- it would be like next -- it will seem like
tomorrow.
Cavener: Call for the question.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: We speak of growth and there is that consideration, but there is a lot of
residents already near and around it that we have heard from and are subject --
subjected to what could come from the expansion. So, even without growth there is lots
of individuals who are impacted should it expand. I'm not -- I'm not supportive of the
motion for a couple reasons. Just process wise -- again, a contract like this is
everything and every shall and may -- if anything went forward, even if the public
hearing is closed, is it would be tabled with direction to legal staff to try and come up
with language which articulated some of the concerns that Council raised. But
extremely dangerous to approve it, even with good intentions here. I think taking time,
should something go forward, would be more appropriate and, then, let us read the
language and every shall and may and could, because that kind of ties me back to the
second point that -- that absent the hard stop I can't support it and if it had provisions
where the recycling activities and composting, which I think encompass the entire scope
of it, that it ended at the earlier of some development activity within some proximity of it
or ten years, for example. If it's earlier, then, fine and, then, the applicant is, obviously,
willing to move should development activity be quicker, but the public and everyone else
will also know that there is a date certain and that is a benefit to the region that doesn't
exist today. So, as -- as -- as presented I don't support it, but changes -- again, the
reason that the applicant doesn't -- isn't willing to have a hard date and that's well within
his prerogative, I understand it, but the trade off is that the status quo in my mind
remains. So, as to the motion that's why I am opposed.
Cavener: Madam Mayor?
Meridian City Council Meeting Agenda October 2, 2018 – Page 121 of 580
Meridian City Council
September 18, 2018
Page 95 of 94
De Weerd: Mr. Cavener.
Cavener: Just I guess maybe a comment. In kind of reading through the tea leaves
amongst the Council, it seems like there is some support for passing a version of the DA
that's before us. We do a better service to the citizens and the applicant to -- as Council
Member Borton's pointed out -- continue it for a couple weeks to allow legal staff to
clean up the language, so that both the public and the applicant have something that --
that is maybe a little more clearly defined. While I shared earlier my desire to have this
be development driven -- and Council Member Borton brings up a -- a very strong point
is there is -- there is a finish line and I think Council Member Milam really tried to drive
home to that and perhaps if that discussion would have happened at 6:30 it may have
come across a little more clear than it came across at 11 :30 at night and I appreciate
that. I have been guilty of that more than once. So, I am supportive of the philosophy
behind the motion, but I do think that we do ourselves a great service by building
ourselves a little bit of a better mousetrap when it comes to this. So, I don't know if the
maker of the motion or the second is willing to amend that or not. It's your motion, Mr.
Palmer, but it's something that I definitely would support a continuance for a few weeks.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Before anything would -- if something were to be amended. It's probably
helpful to get some sense if other members of the Council -- because the next thing, if
there was some consensus to try and do something like that -- we, obviously, need to
hear the applicant and if the direction is that is not feasible, then, we don't need to have
everyone come back and have another public hearing, let's just -- let's just hear that and
if that's the case, then, that eliminates the need to continue and try and craft language.
Again, if there is not a hard, fast end to this, then, I'm not supportive of it from my
perspective. So, I may be in the minority -- the public hearings is closed, so --
De Weerd: Mr. Clerk, will you call roll.
Roll call: Borton, nay; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
nay.
Coles: The ayes have it.
De Weerd: Okay. The ayes have it.
MOTION CARRIED: FOUR AYES. TWO NAYS.
Item 10: Future Meeting Topics
Meridian City Council Meeting Agenda October 2, 2018 – Page 122 of 580
Meridian City Council
September 18, 2018
Page 96 of 94
De Weerd: Okay. Item 10 is Future Meeting Topics. Anything under this item? If not,
would entertain a motion to adjourn.
Milam: Madam Mayor?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I know the hour is late, but I just want to say, again, welcome back. You were
missed last week. We are, the full Council, city staff, sorry for your loss and it's nice to
have you back.
De Weerd: I would entertain a motion to close -- or to adjourn. And to close.
Little Roberts: So moved.
Cavener: Second.
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: ALLAYES.
MEETING ADJOURNED AT 11:26 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
V �
MAYOR TtVI DE WEERD DATEAPPROVED
ATTEST:
C. JA COLES, &TY CLER
00p D AUG
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IDAHO
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City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 5
Project File Number:
Item Title: Future Meeting Topics (Public Forum)
Up to 30 Minutes Maximum
Signing up prior to the start of the meeting is required. This time is reserved
for the public to address their elected officials regarding matters of general
interest or concern of public matters and is not specific to an active land
use/development application. By law, no decisions can be made on topics
presented under this public comment section, other than the City Council
may request that the topic be added to a future meeting agenda for a more
detailed discussion or action. The Mayor may also direct staff to further
assist you in resolving the matter following the meeting.
Meeting Notes:
Hearing Date: 9/18/2018
Item Number: 5
Hearing Type: Public Forum
Signature Name Discussion Topic Sign In Date/Time
Michelle Gonzalez Timber Creek recycling 9/17/2018 19:32
Christine Herwy Timber Creek 9/18/2018 14:44
Kathleen Britt Timber creek Recycling 9/18/2018 16:25
James Roy-Alan Baugh Against Timber Creek Recycling expansion 9/18/2018 16:36
Tranqui l estates hoa None 9/18/2018 17:58
Dimitri Gonzalez Against Timber creek recycling 9/18/2018 18:14
City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 6A
Project File Number:
Item Title: Approve Minutes September 4, 2018
Approve Minutes of September 4, 2018 City Council Regular Meeting
Meeting Notes:
I TEM SHEET
C ouncil Agenda I tem - 5.A .
Presenter:
Estimated Time f or P resentation:
Title of I tem - Approve M inutes of S eptember 4, 2018 C ity C ouncil Regular M eeting
C ouncil Notes:
RE V I E WE RS :
Department Reviewer Action D ate
Clerk.J ohnson, Chris Approved 9/10/2018 - 8:57 A M
Meridian City Council Meeting Agenda September 18, 2018 – Page 5 of 385
Meridian City Council
September 4, 2018
Page 56 of 55
EXECUTIVE SESSION: (8:56 p.m. to 9:28 p.m.)
De Weerd: I would entertain a motion to come out of Executive Session.
Bernt: So moved.
Borton: Second.
De Weerd: All those in favor say aye.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
De Weerd: Do I have a motion to adjourn?
Bernt: So moved.
Borton: Second.
De Weerd: All those in favor?
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 9:28 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
_______________________________ ______/______/______
MAYOR TAMMY DE WEERD DATE APPROVED
ATTEST:
_____________________________________
C. JAY COLES, CITY CLERK
City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 6B
Project File Number:
Item Title: Approve Minutes September 4, 2018
Approve Minutes of September 4, 2018 City Council Executive
Session
Meeting Notes:
L
I TEM SHEET
C ouncil Agenda I tem - 5.B .
Presenter:
Estimated Time f or P resentation:
Title of I tem - Approve M inutes of S eptember 4, 2018 C ity C ouncil E xecutive S ession
C ouncil Notes:
AT TAC HM E NT S:
Description Type Upload D ate
Minutes Cover Memo 9/10/2018
RE V I E WE RS :
Department Reviewer Action D ate
Clerk.J ohnson, Chris Approved 9/10/2018 - 8:58 A M
Meridian City Council Meeting Agenda September 18, 2018 – Page 6 of 385
Meridian City Council Special Meeting September 4, 2018
The Meridian City Council special meeting was called to order at 5:02 PM on
Tuesday, September 4, 2018 by Mayor Tammy de Weerd.
Members Present: Treg Bernt, Anne Little Roberts, Luke Cavener, Joe Borton
and Mayor de Weerd
Staff Present: C.Jay Coles, Bill Nary.
Item 1. Roll-call Attendance:
X Anne Little Roberts X Joe Borton
O Ty Palmer (arrived late) X Treg Bernt
__O__ Genesis Milam (arrived late) __X___ Luke Cavener
X Mayor Tammy de Weerd
Item 2. Adoption of the Agenda:
Borton: I move to Amend the Agenda adding Section 74-206 (1)(f).
Cavener: Second.
De Weerd: A motion and a second to approve the amended agenda. All those in
favor say aye.
ALL AYES. MOTION CARRIED.
Item 3. Executive session per Idaho Code section 74-206(1) (d): To
consider records that are exempt from disclosure as provided
in chapter 1, title 74 , Idaho Code and 74-206(1)(j): To consider
labor contract matters authorized under section 74-206A (1)(a) and
(b), Idaho Code. Adding Section 74-206(1)(f): To communicate with
legal counsel for the public agency to discuss the legal ramifications of
and legal options for pending litigation, or controversies not yet being
litigated but imminently likely to be litigated.
Borton: I move we go into Executive Session as per Idaho State Code Section
74-206(1)(d), 74-206 (1)(j), 74-206 (1)(a)(b) and adding section 74-206A (1)(f).
Cavener: Second.
Meridian City Council Meeting Agenda September 18, 2018 – Page 7 of 385
De Weerd: It has been moved and seconded to go into Executive Session. All
those in favor.
ALL AYES. MOTION CARRIED.
Into Executive Session at 5:02 pm
Out of Executive Session at 6:17 pm
Milam: I move we adjourn the Executive Session.
Cavener: Second.
De Weerd: It has been moved and seconded to come out of Executive Session.
All those in favor.
ALL AYES. MOTION CARRIED.
Milam: Move to adjourn.
Cavener: Second.
De Weerd: A motion and a second to adjourn. All in favor.
ALL AYES. MOTION CARRIED.
MEETING ADJOURNED AT 6:17 pm
(AUDIO ON FILE OF THESE PROCEEDINGS)
APPROVED:
TAMMY ESRD, MAYOR DATE APPROVED
O�P�Ep AUGZS
ATTEST: - eQ
C.JAY COL , CIT LERK z Oty '
IDIAN*—
W
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City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 6C
Project File Number:
Item Title: Approve Minutes September 11, 2018
Approve Minutes of September 11, 2018 City Council Workshop
Meeting
Meeting Notes:
I TEM SHEET
C ouncil Agenda I tem - 5.C.
Presenter:
Estimated Time f or P resentation:
Title of I tem - Approve M inutes of S eptember 11, 2018 C ity Council Workshop M eeting
C ouncil Notes:
AT TAC HM E NT S:
Description Type Upload D ate
Minutes Cover Memo 9/14/2018
RE V I E WE RS :
Department Reviewer Action D ate
Clerk.J ohnson, Chris Approved 9/14/2018 - 6:51 A M
Meridian City Council Meeting Agenda September 18, 2018 – Page 9 of 385
Meridian City Council Workshop
September 11, 2018
Page 39 of 39
Borton: Awesome. Moved and seconded to go into Executive Session. If no discussion,
Mr. Clerk.
Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea;
Bernt, yea.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
EXECUTIVE SESSIONS.- (4:52 p.m. to 6:09 p.m.)
Borton: I would entertain a motion to come out of Executive Session.
Cavener: So moved.
Little Roberts: Second.
Borton: All those in favor say aye.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Borton: Entertain a motion to adjourn.
Cavener: So moved.
Little Roberts: Second.
Borton: All those in favor.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 6:09 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
A / l � i �W f
MAYOR TAM Y DE WEERD DATE APPROVED
ATTEST: s & - f+JEDAVG
C. JAY COL S, CIT LERK 'IfIly '� o
C�011 of 4'
E IDIANt--
IDAHO
�� SEAL �/
City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 6D
Project File Number:
Item Title: Meridian Centercal Partial Sewer — Water Easement
Meridian Centercal Partial Release of Sewer and Water Easement
Meeting Notes:
�i APPROlow
VED
I TEM SHEET
C ouncil Agenda I tem - 5.D.
Presenter:
Estimated Time f or P resentation:
Title of I tem - M eridian Center cal P artial Release of Sewer and Water E asement
C ouncil Notes:
AT TAC HM E NT S:
Description Type Upload D ate
E asement E xhibit 9/13/2018
RE V I E WE RS :
Department Reviewer Action D ate
Clerk.J ohnson, Chris Approved 9/13/2018 - 9:12 A M
Meridian City Council Meeting Agenda September 18, 2018 – Page 50 of 385
ADA COUNTY RECORDER Christopher D. Rich 2018-089291
BOISE IDAHO Pgs=3 VICTORIA BAILEY 09/20/2018 11:35 AM
CITY OF MERIDIAN, IDAHO NO FEE
PARTIAL RELEASE OF EASEMENT
TYPE OF EASEMENT BEING PARTIALLY RELEASED: SANITARY SEWER AND WATER MAIN
GRANTEE: CITY OF MERIDIAN
GRANTORS: MERIDIAN CENTERCAL LLC, AND ITS SUCCESSORS AND ASSIGNS
W -0-M2 t
WHEREAS, by easement dated August 7fl', 2012 and recorded as Instrument Number -4440792+ in the
land records of Ada County, State of Idaho, an easement of the type and nature set forth in the above -
captioned title was granted to the City of Meridian, an Idaho Municipal Corporation ("the Easement"),
upon the real property legally described therein.
WHEREAS, the continuance of a certain portion of the Easement is no longer necessary or desirable.
NOW, THEREFORE, in consideration of the premises, the City of Meridian does hereby release, vacate,
and abandon that certain portion of the Easement on the lands more particularly described on Exhibit A,
and depicted on Exhibit B, attached hereto and incorporated herein.
All rights and privileges under the -under the above-described document in and to the remaining lands
covered by the Easement shall remain and continue in. the Grantee and shall not be affected in any way
hereby.
IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its
proper officers thereunto duly authorized this Leday of _qLph0hW20_A.
CITY OF MERIDIAN
Coles, City Clerk
STATE OF IDAHO, )
: ss.
County of Ada
& ' Of WIE DIAN*,--
DAHO
NT Liv'),
qk SEAL AV
This record was acknowledged before me on q-19-iS (date) by Tammy de Weerd and C.Jay
Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively.
CU
Notary aly SiIgm_atm
My Commission Expires:
EXHIBIT A
(LEGAL DESCRIPTION OF PORTION OF EASEMENT BEING RELEASED)
Meridian City Council Meeting Agenda September 18, 2018 – Page 52 of 385
EXHIBIT B
(MAP DEPICTING THE PORTION OF THE EASEMENT BEING RELEASED)
Meridian City Council Meeting Agenda September 18, 2018 – Page 53 of 385
City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 6E
Project File Number:
Item Title: Twelve Oaks Centre Subdivision Sewer -Water Easement
Twelve Oaks Centre Subdivision Partial Release of Sewer & Water
Easement
Meeting Notes:
u7 APPROHO
I TEM SHEET
C ouncil Agenda I tem - 5.E .
Presenter:
Estimated Time f or P resentation:
Title of I tem - Twelve Oaks Centre S ubdivision P artial Release of S ewer & Water Easement
C ouncil Notes:
AT TAC HM E NT S:
Description Type Upload D ate
E asement E xhibit 9/13/2018
RE V I E WE RS :
Department Reviewer Action D ate
Clerk.J ohnson, Chris Approved 9/13/2018 - 9:07 A M
Meridian City Council Meeting Agenda September 18, 2018 – Page 54 of 385
ADA COUNTY RECORDER Christopher D. Rich 2018-089182
BOISE IDAHO Pgs=4 LISA BATT 09/20/2018 09:39 AM
CITY OF MERIDIAN, IDAHO NO FEE
PARTIAL RELEASE OF EASEMENT
TYPE OF EASEMENT BEING PARTIALLY RELEASED: SANITARY SEWER AND WATER MAIN
GRANTEE: CITY OF MERIDIAN
GRANTOR: TWELVE OAKS, LLC
WHEREAS, by casement dated the 19"' day of April, 2016 and recorded as Instrument Number 2016-
032991 in the land records of Ada County, State of Idaho, an easement of the type and nature set forth
in the above -captioned title was granted to the City of Meridian, an Idaho Municipal Corporation ("the
Easement"), upon the real property legally described therein.
WHEREAS, the continuance of a certain portion of the Easement is no longer necessary or desirable.
NOW, THEREFORE, in consideration of the premises, the City of Meridian does hereby release and
abandon that certain portion of the Easement on the lands more particularly described on Exhibit A, and
depicted on Exhibit B, attached hereto and incorporated herein.
All rights and privileges under the under the above-described document in and to the remaining lands
covered by the Easement shall remain and continue in the Grantee and shall not be affected in any way
hereby.
IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its
proper officers thereunto duly authorized this, day of September, 2018.
CITY OF MERIDIAN
STATE OF IDAHO, )
:
County of Ada
This record was acknowledged before me onq-18 18 (date) by Tammy de Weerd and C.Jay
Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively.
0kjAkUQ*- -
Notary ignature g�: �%[X�ako
My Commission I
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City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 6F
Project File Number:
Item Title: Trust Storage Water Main Easement
Meeting Notes:
9 APPROVED
I TEM SHEET
C ouncil Agenda I tem - 5.F.
Presenter:
Estimated Time f or P resentation:
Title of I tem - T rust S torage Water M ain Easement
C ouncil Notes:
AT TAC HM E NT S:
Description Type Upload D ate
E asement E xhibit 9/12/2018
RE V I E WE RS :
Department Reviewer Action D ate
Clerk.J ohnson, Chris Approved 9/12/2018 - 3:32 P M
Meridian City Council Meeting Agenda September 18, 2018 – Page 59 of 385
ADA COUNTY RECORDER Christopher D. Rich 2018-089181
BOISE IDAHO Pgs=6 LISA BATT 09/20/2018 09:39 AM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name (Subdivision):
TRUST STORAGE
Watee• Main Easement Number: 65ml— 0-011
Identify this Easement by sequential number if Project contains
more than one Water Main easement,
( See Instructions for additional information).
WATER MAIN EASEMENT
THIS Easement Agreement, made this L&" day of 20-6 between TS SOUTH MERIDIAN, LLC
("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee");
WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through underground pipelines to be
constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other
good and valuable consideration, the Grantor does hereby give, grant and convey unto the
Grantee the right-of-way for an easement for the operation and maintenance of water mains
over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of water mains
and their allied facilities, together with their maintenance, repair and replacement at the
convenience of the Grantee, with the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that
after making repairs or performing other maintenance, Grantee shall restore the area of the
easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation
of this easement.
THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for
this easement, which would interfere with the use of said easement, for the purposes stated
herein.
THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any
Water Main Easement Version 03 26 18
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GRANTEE: CITY OF MERIDIAN
Tammy
Coles, City Clerk
STATE OF IDAHO, )
ss.
County of Ada )
Q���t�D AUGUST'
Z cit". of
C.�►'`E IDIANA--
SEAL P/
This record was acknowledged before me on " 18 ' (date) by Tammy de Weerd and
C,Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,
respectively.
(stamp•.....••
•.•'yENE k,••.• Notary Signature `yYl
O;S R . My Commission Expires: 3 '11
A
Tn* $-10 rage
Water Main Eas ent Version 03 26 18
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City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 6G
Project File Number: H-2018-0068
Item Title: Final Order Hill's Century Farm Subdivision
Final Order for Hill's Century Farm Subdivision No. 11 (H-2018-0068)
by Brighton Investments, LLC, Located East of S. Eagle Rd. and
South of E. Amity Rd.
Meeting Notes:
rte✓ APPROVED
I TEM SHEET
C ouncil Agenda I tem - 5.G.
Presenter:
Estimated Time f or P resentation:
Title of I tem - F inal Order for Hill's Century F arm S ubdivision No. 11 (H-2018-0068) by
B righton Investments, L L C , L ocated East of S. Eagle Rd. and South of E . Amity Rd.
C ouncil Notes:
AT TAC HM E NT S:
Description Type Upload D ate
O rder Findings/Orders 9/7/2018
E xhibit A E xhibit 9/7/2018
E xhibit B E xhibit 9/7/2018
RE V I E WE RS :
Department Reviewer Action D ate
Clerk.Coles, C.J ay Approved 9/13/2018 - 5:03 P M
Meridian City Council Meeting Agenda September 18, 2018 – Page 66 of 385
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR HILL’S CENTURY FARM SUBDIVISION NO. 11 – FP H-2018-0068
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: SEPTEMBER 4, 2018
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF 62 BUILDING
LOTS AND 11 COMMON LOTS ON
19.31 ACRES OF LAND IN THE R-8
ZONING DISTRICT FOR HILL’S
CENTURY FARM SUBDIVISION
NO. 11
BY: BRIGHTON INVESTMENTS,
LLC
APPLICANT
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CASE NO. H-2018-0068
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on September 4, 2018 for final plat approval
pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the
Administrative Review is complete by the Planning and Development Services Divisions of the
Community Development Department, to the Mayor and Council, and the Council having
considered the requirements of the preliminary plat, the Council takes the following action:
IT IS HEREBY ORDERED THAT:
1. The Final Plat of “PLAT SHOWING HILL’S CENTURY FARM
SUBDIVISION PHASE 11, LOCATED IN A PORTION OF THE N ½ OF THE
SW ¼ AND A PORTION OF THE NW ¼ OF THE SE ¼ OF SECTION 33,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF
MERIDIAN, ADA COUNTY, IDAHO, 2018, HANDWRITTEN DATE:
Meridian City Council Meeting Agenda September 18, 2018 – Page 67 of 385
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR HILL’S CENTURY FARM SUBDIVISION NO. 11 – FP H-2018-0068
Page 2 of 3
6/11/2018, by AARON L. BALLARD, PLS, SHEET 1 OF 4,” is conditionally
approved subject to those conditions of Staff as set forth in the staff report to the
Mayor and City Council from the Planning and Development Services divisions
of the Community Development Department dated September 4, 2018, a true and
correct copy of which is attached hereto marked “Exhibit A” and by this reference
incorporated herein, and the response letter from Kameron Nauahi, Brighton
Corporation, a true and correct copy of which is attached hereto marked “Exhibit
B” and by this reference incorporated herein.
2. The final plat upon which there is contained the certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City’s
requirements shall be signed only at such time as:
2.1 The plat dimensions are approved by the City Engineer; and
2.2 The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash surety has been
issued guaranteeing the completion of off-site and required on-site
improvements.
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
Meridian City Council Meeting Agenda September 18, 2018 – Page 68 of 385
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho
Code§ 67-52.
By action of the City Council at its regular meeting held on the day of
2018.
By:
Tammy de r
'ayor, Ci
,ty o eridian
Attest:
city of
E IDIZ �ANT*y:I
SEAL
CA,ay Coles o
City Clerk of the TRtiPSJ��i
Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City Attorney.
By:OALA"Dated: 9-16-18
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR HILL'S CENTURY FARM SUBDIVISION NO. 11 — FP H-2018-0068
Page 3 of 3
Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 1
STAFF REPORT
MEETING DATE: September 4, 2018
Continued from: July 24 and August 21, 2018
TO: Mayor and City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068
I. APPLICATION SUMMARY
The applicant, Brighton Investments, LLC, has applied for a final plat (FP) consisting of 62 building
lots and 11 common area lots on 19.31 acres of land in an R-8 zoning district.
II. STAFF RECOMMENDATION
Staff recommends approval of the Hill’s Century Farm Subdivision No. 11 final plat based on the
analysis provided below in Section V.
III. PROPOSED MOTION
Approval
I move to approve File Number H-2018-0068, as presented in the staff report for the hearing date of
July 24, 2018, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number H-2018-0068, as presented during the hearing on July 24, 2018, for the
following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2018-0068 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located east of S. Eagle Rd. and south of E. Amity Rd., in the southwest ¼ of Section
33, Township T.3., Range 1E.
B. Applicant:
Brighton Investments, LLC
12601 W. Explorer Drive, Ste. 200
Boise, ID 83713
C. Owner:
Same as applicant
EXHIBIT A
Meridian City Council Meeting Agenda September 18, 2018 – Page 70 of 385
Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 2
D. Representative:
Kameron Nauahi, Brighton Corporation
12601 W. Explorer Drive, Ste. 200
Boise, ID 83713
V. STAFF ANALYSIS
The proposed final plat depicts 62 single-family residential building lots and 11 common lots on
19.31 acres of land in an R-8 zoning district. The minimum property size in this phase is 7,920 square
feet (s.f.) with an average size of 8,554 s.f. This is the 10th phase of development of the Hill’s Century
Farm Subdivision preliminary plat (PP-14-014); phase #10 was actually part of the Turf Farm
preliminary plat but was phased in as part of the Hill’s Century Farm development.
A total of 2.51 acres of open space is provided with this phase consisting of landscaped parkways and
buffers along local streets.
All of the lots proposed in this phase are for single-family detached homes and must comply with the
dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. Staff has reviewed the
proposed plat and found it in compliance with the aforementioned dimensional standards.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat in accord with the requirements listed in UDC 11-6B-3C.2. There are two (2) additional building
lots shown in this phase than were depicted on the preliminary plat and the amount of common area
has increased slightly. With the proposed plat, there are a total of 4 fewer lots overall than were
depicted on the approved preliminary plat (an increase of 2 with the subject plat; 1 fewer with Phase
9; 2 fewer in Phase 5; and 3 fewer in Phase 7) and an increase in common area (in the subject phase
and phases 1, 5 and 7). Therefore, the final plat is deemed to be in substantial compliance with the
approved preliminary plat as required.
VI. SITE SPECIFIC CONDITIONS
1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B.
2. The final plat prepared by KM Engineering, stamped on 6/11/2018 by Aaron L. Ballard shall be
revised as follows:
a. Note #13: Include recorded instrument number.
b. Complete Reference note #R6 on sheet 1
3. The landscape plan prepared by KM Engineering, dated 6/19/2018, is approved as submitted.
4. Future development shall be generally consistent with the conceptual building elevations included
in the development agreement.
VII. ONGOING CONDITIONS OF APPROVAL
1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
2. All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-3G-3F1.
Meridian City Council Meeting Agenda September 18, 2018 – Page 71 of 385
Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 3
3. The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site (AZ-14-012; PP-14-014, Development Agreement #2015-
003138).
4. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
5. The applicant shall have an ongoing obligation to maintain all pathways.
6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
7. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
8. Future homes constructed within this development shall be generally consistent with the
conceptual building elevations included in the development agreement.
VIII. PROCESS CONDITIONS OF APPROVAL
1. No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
2. The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with
UDC 11-5C-3C.
3. The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B-
7B or obtain approval of a time extension as set forth in UDC 11-6B-7.
4. Upon installation of the landscaping and prior to inspection by Planning Division staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
5. The applicant shall pay any applicable impact fees prior to the issuance of a building permit.
IX. GENERAL REQUIREMENTS
1. Sanitary sewer service to this development is available via extension of existing mains adjacent to
the development. The applicant shall install mains to and through this subdivision; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer
mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2. Water service to this site is available via extension of existing mains adjacent to the development.
The applicant shall be responsible to install water mains to and through this development,
coordinate main size and routing with Public Works.
3. All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance surety
for such improvements in order to obtain City Engineer signature on the final plat as set forth in
UDC 11-5C-3B.
Meridian City Council Meeting Agenda September 18, 2018 – Page 72 of 385
Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 4
4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete
fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat.
6. The City of Meridian requires that the owner post with the City a performance surety in the
amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior
to final plat signature. This surety will be verified by a line item cost estimate provided by the
owner to the City. The applicant shall be required to enter into a Development Surety Agreement
with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit,
cash deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, and water infrastructure for a duration
of two years. This surety amount will be verified by a line item final cost invoicing provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health
improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a
surety agreement may be approved as set forth in UDC 11-5C-3C.
9. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
10. It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
11. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
12. Developer shall coordinate mailbox locations with the Meridian Post Office.
13. All grading of the site shall be performed in conformance with MCC 11-1-4B.
14. Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
15. The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
16. The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
17. At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
Meridian City Council Meeting Agenda September 18, 2018 – Page 73 of 385
Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 5
18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be
installed at developer’s expense. Final design shall be submitted as part of the development plan
set for approval, which must include the location of any existing street lights. The contractor’s
work and materials shall conform to the ISPWC and the City of Meridian Supplemental
Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility
Coordinator at 898-5500 for information on the locations of existing street lighting.
19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to signature of the final plat by the City Engineer.
20. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
21. Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at
(208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources.
22. Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment
procedures and inspections.
23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface
or well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
development plan approval.
24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
X. EXHIIBITS
A. Vicinity Map
B. Approved Preliminary Plat (dated: 11/7/14)
C. Proposed Final Plat (dated: 6/11/18)
D. Proposed Landscape Plan (dated: 6/19/18)
E. Common Driveway Exhibit
F. Overall Open Space & Site Amenity Exhibit
Meridian City Council Meeting Agenda September 18, 2018 – Page 74 of 385
Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 6
Exhibit A – Vicinity/Zoning Map
Meridian City Council Meeting Agenda September 18, 2018 – Page 75 of 385
Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 7
Exhibit B – Approved Preliminary Plat (dated: 11/7/14)
Meridian City Council Meeting Agenda September 18, 2018 – Page 76 of 385
Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 8
Exhibit C – Proposed Final Plat (dated: 6/11/18)
Meridian City Council Meeting Agenda September 18, 2018 – Page 77 of 385
Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 9
Meridian City Council Meeting Agenda September 18, 2018 – Page 78 of 385
Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 10
Meridian City Council Meeting Agenda September 18, 2018 – Page 79 of 385
Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 11
Exhibit D –Proposed Landscape Plan (dated: 6/19/18)
Meridian City Council Meeting Agenda September 18, 2018 – Page 80 of 385
Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 12
Exhibit E: Common Driveway Exhibit
Meridian City Council Meeting Agenda September 18, 2018 – Page 81 of 385
Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 13
Exhibit F: Overall Open Space & Site Amenity Exhibit
Meridian City Council Meeting Agenda September 18, 2018 – Page 82 of 385
Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 14
Meridian City Council Meeting Agenda September 18, 2018 – Page 83 of 385
From:Kameron Nauahi
To:Sonya Allen ; City Clerk
Cc:Jon Wardle; Mike Wardle
Subject:RE: Hill"s Century Farm Sub. 11 - FP H-2018-0068 Staff Report for 9/4 Council Mtg
Date:Tuesday, September 4, 2018 10:54:50 AM
Attachments:Hill"s Century Farm Sub 11 - FP H-2018-0068 Staff Report.pdf
All,
We have reviewed the attached staff report and recommended conditions of approval—and agree.
Kameron Nauahi | Assistant Project Manager
BRIGHTON CORPORATION
12601 W. Explorer, Suite 200 | Boise, ID 83713Direct 208.287.0504 | Cell 208.830.3629
From: Sonya Allen <sallen@meridiancity.org>
Sent: Friday, August 31, 2018 4:59 PM
To: City Clerk <CityClerk@meridiancity.org>
Cc: Kameron Nauahi <knauahi@brightoncorp.com>
Subject: Hill's Century Farm Sub. 11 - FP H-2018-0068 Staff Report for 9/4 Council Mtg
City of Meridian
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208-888-4433
www.meridiancity.org
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to
the Idaho law, in regards to both release and retention, and may be released upon request,
unless exempt from disclosure by law.
EXHIBIT B
Meridian City Council Meeting Agenda September 18, 2018 – Page 84 of 385
City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 6H
Project File Number: H-2018-0080
Item Title: Findings Gurney Office Condos
Findings of Fact, Conclusion of Law for Gurney Office Condos (H-
2018-0080) by Horrock Engineers, Located at 1831 S. Topaz Way
Meeting Notes:
Rf APPROVED
I TEM SHEET
C ouncil Agenda I tem - 5.H.
Presenter:
Estimated Time f or P resentation:
Title of I tem - F indings of F act, C onclusion of L aw for Gurney Office C ondos (H-2018-0080)
by Horrock E ngineers, Located at 1831 S. Topaz Way
C ouncil Notes:
AT TAC HM E NT S:
Description Type Upload D ate
F indings Findings/Orders 9/6/2018
E xhibit A E xhibit 9/6/2018
RE V I E WE RS :
Department Reviewer Action D ate
Clerk.J ohnson, Chris Approved 9/6/2018 - 11:58 A M
Meridian City Council Meeting Agenda September 18, 2018 – Page 85 of 385
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0080 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Short Plat to condominiumize an existing 11,160 square-foot
commercial building into three (3) tenant spaces and a common area, by Horrocks Engineers.
Case No(s). H-2018-0080
For the City Council Hearing Date of: September 4, 2018 (Findings on September 18, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 4, 2018, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 4, 2018, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 4,
2018, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 4, 2018, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of September 4, 2018, incorporated by reference. The conditions are concluded to be
Meridian City Council Meeting Agenda September 18, 2018 – Page 86 of 385
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0080 - 2 -
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for Short Plat is hereby approved per the conditions of approval in the
Staff Report for the hearing date of September 4, 2018, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Short Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer’s signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board 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.
F. Attached: Staff Report for the hearing date of September 4, 2018.
Meridian City Council Meeting Agenda September 18, 2018 – Page 87 of 385
�1M
By action of the City Council at its regular meeting held on the day of
2018.
COUNCIL PRESIDENT JOE BORTON
COUNCIL VICE PRESIDENT LUKE CAVENER
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER TREG BERNT
COUNCIL MEMBER GENESIS MILAM
MAYOR TAMMY de WEERD
(TIE BREAKER)
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Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: W Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0080
CD" (mice C j,
-3-
EXHIBIT A
Gurney Office Condominium – SHP H-2018-0080 PAGE 1
STAFF REPORT
HEARING DATE: September 4, 2018
TO: Mayor and City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Gurney Office Condos – SHP (H-2018-0080)
I. APPLICATION SUMMARY
The applicant, Horrocks Engineers, has applied for a short plat (SHP) to condominiumize an existing
11,160 square-foot commercial building into three (3) tenant spaces and common area.
II. STAFF RECOMMENDATION
Based on the criteria listed in UDC 11-6B-5, Staff finds the proposed plat is eligible to be processed
as a short plat. Therefore, Staff recommends approval of the proposed short plat with the conditions
and Findings stated in this report.
The Meridian City Council heard this item on September 4, 2018. At the public hearing, the
Council approved the subject SHP request.
a. Summary of City Council Public Hearing:
i. In favor: Peggy Breski, Horrocks Engineers
ii. In opposition: None
iii. Commenting: Peggy Breski
iv. Written testimony: None
v. Staff presenting application: Caleb Hood
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Council:
i. None
d. Key Council Changes to Staff/Commission Recommendation
ii. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2018-
0080 as presented in the staff report for the hearing date of September 4, 2018, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0080,
as presented during the hearing on September 4, 2018, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number H-2018-0080 to the hearing date of (insert continued hearing date
Meridian City Council Meeting Agenda September 18, 2018 – Page 89 of 385
EXHIBIT A
Gurney Office Condominium – SHP H-2018-0080 PAGE 2
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. PROCESS FACTS
a. The subject application will in fact constitute a short plat as determined by City Ordinance. By
reason of the provisions of UDC 11-5B-3, a public hearing is required before the City Council on
this matter.
b. Newspaper notification published on: August 17, 2018
c. Radius notices mailed to properties within 300 feet on: August 10, 2018
d. Posted to Next Door: August 14, 2018
V. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 1803 & 1831 S. Topaz Way, in the NW ¼ of Section 21, Township 3N.,
Range 1E.
B. Applicant:
Horrocks Engineers
5700 E. Franklin Rd. Ste. 160
Nampa, ID 83687
C. Owner(s):
BP Real Estate Meridian LLC.
1000 N Curtis Rd. Ste. 203
Boise, ID 83706
D. History: In 2017, a Certificate of Zoning Compliance and Design Review application was
approved for the construction of an 11,442 square foot structure on this site (A-2017-0058). In
2018, a Property Boundary Adjustment was tentatively approved to consolidate two parcels into
one (A-2018-0193). The Record of Survey has been recorded for the property consolidation (ROS
#11396); however final Property Boundary Adjustment approval has not yet been granted
approval by the Director.
VI. STAFF ANALYSIS
The proposed short plat depicts subdivision of air space in an existing 11,160 square foot building to
create three separate units and common area for ownership purposes.
Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in
UDC 11-6B-5 and deems the short plat to be in substantial compliance with said requirements to
recommend approval as proposed.
VII. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Short Plat (dated: June 4, 2018)
B. Agency Comments/Conditions of Approval
C. Required Findings from Unified Development Code
Meridian City Council Meeting Agenda September 18, 2018 – Page 90 of 385
EXHIBIT A
Gurney Office Condominium – SHP H-2018-0080 PAGE 3
Exhibit A.1 – Vicinity/Zoning Map
Meridian City Council Meeting Agenda September 18, 2018 – Page 91 of 385
EXHIBIT A
Gurney Office Condominium – SHP H-2018-0080 PAGE 4
Exhibit A.2 – Short Plat (dated: June 4, 2018)
Meridian City Council Meeting Agenda September 18, 2018 – Page 92 of 385
EXHIBIT A
Gurney Office Condominium – SHP H-2018-0080 PAGE 5
Meridian City Council Meeting Agenda September 18, 2018 – Page 93 of 385
EXHIBIT A
Gurney Office Condominium – SHP H-2018-0080 PAGE 6
Meridian City Council Meeting Agenda September 18, 2018 – Page 94 of 385
EXHIBIT A
Gurney Office Condominium – SHP H-2018-0080 PAGE 7
Exhibit B. Conditions of Approval
SITE SPECIFIC CONDITIONS
1. Applicant shall meet all terms of the previous approval for this property (AZ-03-016, Inst. #2003-
103184140; PP-03-018; FP-03-002; A-2017-0058) approved for this property.
2. The final plat prepared by Horrocks Engineers, dated June 4, 2018 by Fritz Brownell, shall be
revised as follows:
a. Note #11: Include the recorded instrument number.
b. Add Professional Land Surveyor signature and date to stamp at bottom of plat.
c. Include a note stating ownership and maintenance responsibilities for the common areas.
3. If the City Engineer’s signature has not been obtained within two (2) years of the City Council’s
approval of the short plat, the short plat shall become null and void unless a time extension is
obtained, per UDC 11-6B-7.
4. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the
accompanying acknowledgement signed and notarized, as well as the signatures of the Ada
County Highway District and the Central District Health Department.
5. Obtain final approval of the property boundary adjustment application (A-2018-0193).
6. Applicant shall ensure that the responsibility for payment of the sanitary sewer and water billing
is addressed in the Condominium Declarations. Since the existing building is currently being
served by a single water meter and sewer service line, the responsibility shall be with the business
owners association.
Meridian City Council Meeting Agenda September 18, 2018 – Page 95 of 385
EXHIBIT A
Gurney Office Condominium – SHP H-2018-0080 PAGE 8
Exhibit C – Required Findings from the Unified Development Code
In consideration of a short plat, the decision-making body shall make the following findings:
A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified
Development Code;
The Comprehensive Plan designates the future land use of this property as Mixed Use - Regional. The
current zoning district of the site is C-G. The proposed short plat complies with the Comprehensive
Plan and is developed in accord with UDC standards.
B. Public services are available or can be made available and are adequate to accommodate the
proposed development;
The Council finds that public services have been provided to this building and are adequate to serve
the site.
C. The plat is in conformance with scheduled public improvements in accord with the City’s
capital improvements program;
The Council finds that the development will not require the expenditure of capital improvement
funds. All required utilities were provided with the development of the property at the developer’s
expense.
D. There is public financial capability of supporting services for the proposed development;
The Council finds that the development will not require major expenditures for providing supporting
services as services are already being provided to the property.
E. The development will not be detrimental to the public health, safety or general welfare; and
The Council finds the proposed short plat to condominiumize the existing structure will not be
detrimental to the public health, safety or general welfare.
F. The development preserves significant natural, scenic or historic features.
The Council is not aware of any significant natural, scenic or historic features associated with short
platting the structure on this site.
Meridian City Council Meeting Agenda September 18, 2018 – Page 96 of 385
City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 61
Project File Number: H-2018-0078
Item Title: Findings Stonemont Subdivision
Findings of Fact, Conclusion of Law for Stonemont Subdivision (H-
2018-0078) by Langley Associates, Located at 3520 E. Overland Rd.
Meeting Notes:
rte✓ APPROVED
I TEM SHEET
C ouncil Agenda I tem - 5.I .
Presenter:
Estimated Time f or P resentation:
Title of I tem - F indings of F act, C onclusion of L aw for Stonemont S ubdivision (H-2018-0078)
by L angley Associates, L ocated at 3520 E . Overland Rd.
C ouncil Notes:
AT TAC HM E NT S:
Description Type Upload D ate
F indings Findings/Orders 9/14/2018
E xhibit A E xhibit 9/14/2018
RE V I E WE RS :
Department Reviewer Action D ate
Clerk.J ohnson, Chris Approved 9/14/2018 - 7:16 A M
Meridian City Council Meeting Agenda September 18, 2018 – Page 97 of 385
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). [H-2018-0078] - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a short plat (SHP) consisting of 3 building lots on 7.95 acres of
land; and miscellaneous application (MI) to remove the requirement for this property owner to
enter into a development agreement as required with the approval of Langley Associates
annexation (Ord. # 719), by Sundance Investment, LLP.
Case No(s). H-2018-0078
For the City Council Hearing Date of: August 28, 2018 (Findings on September 18, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 28, 2018, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of August 28, 2018, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 28,
2018, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of August 28, 2018, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
Meridian City Council Meeting Agenda September 18, 2018 – Page 98 of 385
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). [H-2018-0078] - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of August 28, 2018, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for a miscellaneous application and a short plat are hereby approved per
the conditions of approval in the Staff Report for the hearing date of August 28, 2018, attached
as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer’s signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board 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.
Meridian City Council Meeting Agenda September 18, 2018 – Page 99 of 385
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). [H-2018-0078] - 3 -
F. Attached: Staff Report for the hearing date of August 28, 2018
Meridian City Council Meeting Agenda September 18, 2018 – Page 100 of 385
By action of the City Council at its regular meeting held on the ' day of CjQ,�3�2rY1i02�i
2018.
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED /L-4
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED %?!!4
COUNCIL MEMBER TY PALMER VOTED_
COUNCIL MEMBER TREG BERNT VOTED 4�
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(rrM DI? RAV'PV1
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Dated: q -18-18
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). [H-2018-0078]
S-0rne.rmoR}
-4-
Exhibit A
Stonemont Subdivision – SHP & MIH-2018-0078 PAGE 1
STAFF REPORT
HEARING DATE: August 28, 2018
TO: Mayor and City Council
FROM: Josh Beach, Associate Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Stonemont Subdivision – SHP and MI (H-2018-0078)
I. APPLICATION SUMMARY
The applicant, Sundance Investments, LLLP, has applied for approval of a short plat (SHP) consisting
of 3 building lots on 7.95 acres of land; and miscellaneous application (MI) to remove the
requirement for this property owner to enter into a development agreement as required with the
approval of Langley Associates annexation (Ord. # 719), for Stonemont Subdivision.
II. STAFF RECOMMENDATION
Based on the criteria listed in UDC 11-6B-5, Staff finds the proposed plat is eligible to be processed
as a short plat. Therefore, Staff recommends approval of the proposed short plat with the conditions
and Findings stated in this report.
The Meridian City Council heard these items on August 28, 2018. At the public hearing, the
Council approved the subject MI and SHP request.
a. Summary of City Council Public Hearing:
i. In favor: Becky McKay (Applicant’s Representative)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Council:
i. The number of building permit allowed by the applicant prior to recording a final plat.
d. Key Council Changes to Staff/Commission Recommendation
i. Modify condition number 8 to read as follows: “The applicant is eligible for three (3)
building permits prior to recording the final plat.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2018-
0078 as presented in the staff report for the hearing date of August 28, 2018, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0078,
as presented during the hearing on August 28, 2018, for the following reasons: (You should state
specific reasons for denial.)
Meridian City Council Meeting Agenda September 18, 2018 – Page 102 of 385
Exhibit A
Stonemont Subdivision – SHP & MIH-2018-0078 PAGE 2
Continuance
I move to continue File Number H-2018-0078 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. PROCESS FACTS
a. The subject application will in fact constitute a short plat and miscellaneous application as
determined by City Ordinance. By reason of the provisions of UDC 11-5B-3, a public hearing is
required before the City Council on this matter.
b. Newspaper notification published on: August 10, 2018
c. Radius notices mailed to properties within 300 feet on: August 3, 2018
V. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 3520 E. Overland Road, in the SW ¼ of Section 16, Township 3N., Range
1E.
B. Applicant
Sundance Investments, LLLP
3405 E. Overland Road, Suite 150
Meridian, ID 83642
C. Owner(s):
Roger L. and Susan I. Anderson
3405 E. Overland Road, Suite 150
Meridian, ID 83642
D. Representative:
Becky McKay, Engineering Solution, LLP
1029 N. Rosario Street, Suite 100
Meridian, ID 83642
E. History:
In 1995, this property was annexed with a C-G zoning district as part of the development area
for the I-84 Center, which consisted of 73.5 acres of land (Ord. #719; Langly Associates,
Inc.). A development agreement (DA) was required as a provision of annexation to be entered
into prior to the preliminary plat being approved and required all of the property to develop as
a commercial planned development. A conditional use permit for a planned commercial
development was also approved for a 700,000+/- square foot retail center but has since
expired. Note: The applicant for the previously approved project chose not to proceed with
development; therefore, the DA was never executed; however, the provisions of annexation
still apply to development of the property.
VI. STAFF ANALYSIS
Short Plat: The proposed short plat consists of 3 building lots on 7.95 acres of land in the C-G
zoning district.
All of the lots in the proposed subdivision comply with the dimensional standards listed in UDC
Table 11-2B-3 for the C-G zoning district. Future building height and setbacks are also required to
comply with the aforementioned standards.
Meridian City Council Meeting Agenda September 18, 2018 – Page 103 of 385
Exhibit A
Stonemont Subdivision – SHP & MIH-2018-0078 PAGE 3
The applicant is requesting to obtain a building permit prior to the recordation of the plat. Staff has
confirmed that the applicant has a legal parcel to build on and has no objection to the request. NOTE:
If Council supports the request, the applicant is responsible for all of the landscape
improvements for the entire boundary of the development and can’t develop only a portion of
the property.
This property has street frontage on E. Overland Road, an arterial street; and S. Silverstone Way, a
collector roadway. An ingress/egress easement is depicted on the plat for access to all of the proposed
lots via S. Silverstone Way in accord with UDC 11-3A-3.
Additionally the property to the west was required to provide a cross-access to this property when it
was annexed. The applicant does not want to reciprocate. Specifically the request is to be exempt
from the condition to provide a connection over the Eight Mile Creek. The applicant’s argument is
that the bridge was originally required in order to provide connectivity from the parcel to the east in
order to keep that traffic off of E. Overland Road. The applicant feels that now that the parcel to the
east has connectivity through the Norco parcel that the bridge is no longer necessary. Staff agrees
with the applicant in that adding a bridge over the eight mile was good planning in 1995 and again in
2008 when another development agreement was recorded, but with the development of the Norco
site, little would be gained by getting this connection today.
Street buffers are required to be provided and depicted on the plat along all streets in a permanent
dedicated buffer or common lot, maintained by the property owner or business owner’s association,
as follows: a 35-foot wide buffer is required along E. Overland Road; and, a 20-foot wide buffer is
required along S. Silverstone Way. The buffers are required to be installed prior to signature on the
final plat, as set forth in UDC 11-3B-14B.3.
The Master pathways plan calls for a 10-foot multi-use pathway along Overland Road. Currently,
constructed is a 7-foot wide attached sidewalk. Staff is of the opinion that tearing out a relatively new
section of attached sidewalk along the frontage of this property in favor of a detached 10 foot wide
multi-use pathway will do little in terms of improving the walkable nature of this corridor and may
actually cause more problems than solutions.
Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in
UDC 11-6B-5 and deems the short plat to be in substantial compliance with said requirements to
recommend approval as proposed.
Miscellaneous Application: When the property was annexed, it was required to enter into a
development agreement as a provision of that annexation (as mentioned above in the history section).
The applicant doesn’t want to enter into a development agreement and their argument is that the
bridge was originally required in order to provide connectivity from the parcel to the west in order to
keep that traffic off of E. Overland Road. The applicant feels that now that the parcel to the west has
connectivity through the Norco parcel that the bridge is no longer necessary. Staff is in agreement
with the applicant’s justification and agrees that a entering into a development agreement to achieve
the cross access is not necessary. Staff consulted with the City Attorney and it was determined that a
miscellaneous application was the correct application to inform the Council of the applicant’s desire
not to enter into a DA.
VII. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Short Plat (dated: 9/20/17)
3. Landscape Plan (dated: 5/21/08)
Meridian City Council Meeting Agenda September 18, 2018 – Page 104 of 385
Exhibit A
Stonemont Subdivision – SHP & MIH-2018-0078 PAGE 4
4. Master Concept Plan
B. Agency Comments/Conditions of Approval
C. Required Findings from Unified Development Code
Meridian City Council Meeting Agenda September 18, 2018 – Page 105 of 385
Exhibit A
Stonemont Subdivision – SHP & MIH-2018-0078 PAGE 5
Exhibit A.1 – Vicinity/Zoning Map
Meridian City Council Meeting Agenda September 18, 2018 – Page 106 of 385
Exhibit A
Stonemont Subdivision – SHP & MIH-2018-0078 PAGE 6
Exhibit A.2 – Short Plat (dated: 7/9/2018)
Meridian City Council Meeting Agenda September 18, 2018 – Page 107 of 385
Exhibit A
Stonemont Subdivision – SHP & MIH-2018-0078 PAGE 7
Exhibit A.3: Landscape Plan (dated: 5/21/08)
Meridian City Council Meeting Agenda September 18, 2018 – Page 108 of 385
Exhibit A
Stonemont Subdivision – SHP & MIH-2018-0078 PAGE 8
Exhibit A.3: Landscape Plan (dated: 5/21/08)
Meridian City Council Meeting Agenda September 18, 2018 – Page 109 of 385
Exhibit A
Stonemont Subdivision – SHP & MIH-2018-0078 PAGE 9
SITE SPECIFIC CONDITIONS
1. Applicant shall meet all terms of the previous approvals for this property (Ord. #719).
2. The final plat prepared by Engineering Solution, LLP, stamped on 7/9/2018 by Clinton W.
Hansen, shall be revised as follows:
a. Note #7: Include the applicable instrument number.
b. A 20-foot wide landscape buffer is required along S. Silverstone Way, a collector street, and
shall be on a common lot or on a permanent dedicated buffer maintained by the property
owner or business owner’s association in accord with UDC 11-3B-7C.2b.
c. The applicant shall provide a separate recorded document indicating the cross-access
agreement.
3. The landscape plan, prepared by The Land Group, dated 2/15/2017, shall be revised as follows:
a. Depict a minimum 20-foot wide street buffer along S. Silverstone Way, a collector street, as
set forth in UDC 11-2B-3 in accord with the standards listed in UDC 11-3B-7C.
b. Depict a minimum 35-foot wide street buffer along E. Overland Road, an arterial road, as set
forth in UDC 11-2B-3 in accord with the standards listed in UDC 11-3B-7C.
4. If the City Engineer’s signature has not been obtained within two (2) years of the City Council’s
approval of the short plat, the short plat shall become null and void unless a time extension is
obtained, per UDC 11-6B-7.
5. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the
accompanying acknowledgement signed and notarized, as well as the signatures of the Ada
County Highway District and the Central District Health Department.
6. A street light plan will need to be included in submittal of development plans. Street light plan
requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can
be found at http://www.meridiancity.org/public_works.aspx?id=272
7. A floodplain development application shall be required with this development.
8. The applicant is eligible for one (1)three (3) building permits prior to recording the final plat.
ONGOING CONDITIONS OF APPROVAL
1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
2. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
3. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
4. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
Meridian City Council Meeting Agenda September 18, 2018 – Page 110 of 385
Exhibit A
Stonemont Subdivision – SHP & MIH-2018-0078 PAGE 10
GENERAL REQUIREMENTS
1. Sanitary sewer service to this development is available via extension of existing mains adjacent to
the development. The applicant shall install mains to and through this subdivision; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer
mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2. Water service to this site is available via extension of existing mains adjacent to the development.
The applicant shall be responsible to install water mains to and through this development,
coordinate main size and routing with Public Works.
3. All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance surety
for such improvements in order to obtain City Engineer signature on the final plat as set forth in
UDC 11-5C-3B.
4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete
fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat.
6. The City of Meridian requires that the owner post with the City a performance surety in the
amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior
to final plat signature. This surety will be verified by a line item cost estimate provided by the
owner to the City. The applicant shall be required to enter into a Development Surety Agreement
with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit,
cash deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, and water infrastructure for a duration
of two years. This surety amount will be verified by a line item final cost invoicing provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health
improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a
surety agreement may be approved as set forth in UDC 11-5C-3C.
9. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
10. It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
11. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
12. Developer shall coordinate mailbox locations with the Meridian Post Office.
Meridian City Council Meeting Agenda September 18, 2018 – Page 111 of 385
Exhibit A
Stonemont Subdivision – SHP & MIH-2018-0078 PAGE 11
13. All grading of the site shall be performed in conformance with MCC 11-1-4B.
14. Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
15. The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
16. The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
17. At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be
installed at developer’s expense. Final design shall be submitted as part of the development plan
set for approval, which must include the location of any existing street lights. The contractor’s
work and materials shall conform to the ISPWC and the City of Meridian Supplemental
Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility
Coordinator at 898-5500 for information on the locations of existing street lighting.
19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to signature of the final plat by the City Engineer.
20. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
21. Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at
(208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources.
22. Any existing septic systems within this project shall be removed from service per City Ordi nance
Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment
procedures and inspections.
23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface
or well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single-point connection is utilized,
Meridian City Council Meeting Agenda September 18, 2018 – Page 112 of 385
Exhibit A
Stonemont Subdivision – SHP & MIH-2018-0078 PAGE 12
the developer will be responsible for the payment of assessments for the common areas prior to
development plan approval.
24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
Meridian City Council Meeting Agenda September 18, 2018 – Page 113 of 385
Exhibit A
Stonemont Subdivision – SHP & MIH-2018-0078 PAGE 13
Exhibit C – Required Findings from the Unified Development Code
In consideration of a short plat, the decision-making body shall make the following findings:
A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified
Development Code;
The Comprehensive Plan future land use map designates the property as Mixed Use Regional. The
current zoning district of the site is C-G. The proposed short plat complies with the Comprehensive
Plan and the dimensional standards in the UDC for the C-G district.
B. Public services are available or can be made available and are adequate to accommodate the
proposed development;
Council finds that public services are adequate to serve the site.
C. The plat is in conformance with scheduled public improvements in accord with the City’s
capital improvements program;
Council finds that the development will not require the expenditure of capital improvement funds. All
required utilities are being provided with the development of the property at the developer’s expense.
D. There is public financial capability of supporting services for the proposed development;
Council finds that the development will not require major expenditures for providing supporting
services. The developer and/or future lot owner(s) will finance the extension of sewer, water, utilities
and pressurized irrigation to serve the project.
E. The development will not be detrimental to the public health, safety or general welfare; and
Council recognizes the fact that traffic and noise will increase with the approval of this subdivision
and subsequent development; however, staff does not believe that it will be detrimental to the general
welfare of the public in the surrounding area. Council finds that the development of this site will not
involve uses that will create nuisances that would be detrimental to the public health, safety or general
welfare.
F. The development preserves significant natural, scenic or historic features.
Council is not aware of any significant natural, scenic or historic features associated with the
development of this site.
Meridian City Council Meeting Agenda September 18, 2018 – Page 114 of 385
City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 6J
Project File Number: H-2018-0061
Item Title: Findings 750 E. Ustick
Findings of Fact, Conclusion of Law for 750 E. Ustick (H-2018-0061)
by Zina Denny, Located at 750 and 772 E. Ustick Rd.
Meeting Notes:
9 APPROVED
I TEM SHEET
C ouncil Agenda I tem - 5.J .
Presenter:
Estimated Time f or P resentation:
Title of I tem - F indings of F act, C onclusion of L aw for 750 E. Ustick (H-2018-0061) by Zina
D enny, L ocated at 750 and 772 E . Ustick Rd.
C ouncil Notes:
AT TAC HM E NT S:
Description Type Upload D ate
F indings Findings/Orders 9/14/2018
E xhibit A E xhibit 9/14/2018
RE V I E WE RS :
Department Reviewer Action D ate
Clerk.J ohnson, Chris Approved 9/14/2018 - 7:18 A M
Meridian City Council Meeting Agenda September 18, 2018 – Page 115 of 385
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). [H-2018-0061] - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for annexation and zoning of 1.65 acres of land with an R-2 zoning
designation, by Zina Ann Denny.
Case No(s). H-2018-0061
For the City Council Hearing Date of: August 28, 2018 (Findings on September 18, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 28, 2018, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of August 28, 2018, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 28,
2018, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of August 28, 2018, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of August 28, 2018, incorporated by reference. The conditions are concluded to be
Meridian City Council Meeting Agenda September 18, 2018 – Page 116 of 385
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). [H-2018-0061] - 2 -
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for annexation and zoning is hereby approved per the conditions of
approval in the Staff Report for the hearing date of August 28, 2018, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six (6) month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board 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.
F. Attached: Staff Report for the hearing date of August 28, 2018
Meridian City Council Meeting Agenda September 18, 2018 – Page 117 of 385
By action of the City Council at its regular meeting held on the day of
2018.
COUNCIL PRESIDENT JOE BORTON
COUNCIL VICE PRESIDENT LUKE CAVENER
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER TREG BERNT
COUNCIL MEMBER GENESIS MILAM
MAYOR TAMMY de WEERD
(TIE BREAKER)
Attest:
C.Ja&,Coles
City Clerk
Mayor T
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Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By; Dated: Q-19 `g
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). [14-2018-00611
i5o F u�rV-
-4-
Exhibit A
750 E Ustick Rd – AZ H-2018-0061 PAGE 1
STAFF REPORT
Hearing Date: August 28, 2018
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: 750 & 772 E. Ustick Road – AZ (H-2018-0061)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Zina Denny, has submitted an application for annexation and zoning (AZ) of 1.65
acres of land with an R-2 zoning district.
II. SUMMARY RECOMMENDATION
Council approved of the proposed AZ application with the requirement of a development agreement
in accord with the provisions in Exhibit B and the Findings of Fact and Conclusions of Law in
Exhibit D.
The Meridian Planning & Zoning Commission heard these items on August 2, 2018. At the
public hearing, the Commission moved to recommend approval of the subject Annexation and
Zoning.
a. Summary of Commission Public Hearing:
i. In favor: Rick Roe (Applicant’s Representative)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. None
d. Commission Change(s) to Staff Recommendation:
i. None
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard these items on August 28, 2018. At the public hearing, the
Council approved the subject AZ request.
a. Summary of City Council Public Hearing:
i. In favor: Rick Roe (Applicant’s Representative) Josh bERach
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: None
Meridian City Council Meeting Agenda September 18, 2018 – Page 120 of 385
Exhibit A
750 E Ustick Rd – AZ H-2018-0061 PAGE 2
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Council:
ii. None
di. Key Council Changes to Staff/Commission Recommendation
ii. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2018-
0061, as presented in the staff report for the hearing date of August 28, 2018, with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0061,
as presented during the hearing on August 28, 2018, for the following reasons: (You should state
specific reasons for denial)
Continuance
I move to continue File Number H-2018-0061 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 750 (Parcel #S0531438411) and 772 (Parcel #S0531438457) E. Ustick
Road, in the south ½ of Section 31, Township 4 North, Range 1 East
B. Owners:
Zina Ann Denny
750 E. Ustick Rd.
Meridian, ID 83646
C. Applicant:
Same as Owner
D. Representative:
Same as Owner
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation. A public hearing is required before the Planning &
Zoning Commission and City Council, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: July 13, 2018 (Commission); August 10, 2018 (Council)
C. Radius notices mailed to properties within 300 feet on: July 6, 2018 (Commission); August 3,
2018 (Council)
D. Applicant posted notice on site(s) on: July 23, 2018 (Commission); August 18, 2018 (Council)
VI. LAND USE
Meridian City Council Meeting Agenda September 18, 2018 – Page 121 of 385
Exhibit A
750 E Ustick Rd – AZ H-2018-0061 PAGE 3
A. Existing Land Use(s) and Zoning: This site consists of rural residential property, zoned R1 in Ada
County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Rural residential property, zoned R1 in Ada County
2. East: Rural residential property, zoned RUT in Ada County
3. South: E. Ustick Road and single-family residential properties, zoned R-8
4. West: Rural residential property, zoned R1 in Ada County; and vacant/undeveloped land,
zoned R-4
C. History of Previous Actions: A Record of Survey (#9145) was recorded on March 6, 2012 for the
subject property which depicts two parcels – Parcel 1 and Parcel 2. Ada County does not have
any documentation of an approved split resulting in this configuration; therefore, this property is
deemed to be one parcel, eligible for one building permit.
D. Utilities:
1. Location of sewer: A sewer main intended to provide service to the subject property currently
exists adjacent to the subject parcel in E. Ustick Road.
2. Location of water: A water main intended to provide service to the subject property currently
exists adjacent to the subject parcel in E. Ustick Road
3. Issues or concerns: The applicant has previously entered into an Agreement for Extension of
Domestic Water and Sewer Service outside Meridian City Limits, and annexation is a
requirement contained in that agreement.
E. Physical Features:
1. Canals/Ditches Irrigation: There are no significant waterways that cross this site.
2. Hazards: Staff is unaware of any hazards that may exist on this property.
3. Flood Plain: This property does not lie within the flood plain.
VII. COMPREHENSIVE PLAN
The Comprehensive Plan Future Land Use Map (FLUM) designates this property as LDR (Low
Density Residential). The LDR designation allows for the development of single-family homes on
large lots where urban services are provided. Uses may include single-family homes at gross densities
of three dwelling units or less per acre.
The applicant is not proposing to redevelop the property at this time. The existing single-family
residential use of the property is consistent with the LDR designation.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone (UDC 11-2A-1): The purpose of the residential districts is to provide
for a range of housing opportunities consistent with the Meridian comprehensive plan.
Residential districts are distinguished by the dimensional standards of the corresponding zone and
housing types that can be accommodated.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-2 zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. Single-family detached dwellings are
listed as a permitted use in the R-2 zoning district.
Meridian City Council Meeting Agenda September 18, 2018 – Page 122 of 385
Exhibit A
750 E Ustick Rd – AZ H-2018-0061 PAGE 4
C. Dimensional Standards: Any development on the site should be consistent with the dimensional
standards listed in UDC Table 11-2A-4 for the R-2 zoning district.
D. Landscaping: Not applicable
E. Off-Street Parking: Not applicable
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Annexation & Zoning:
The applicant has applied for annexation and zoning of 1.65 acres of land in accord with the
Agreement for Extension of Domestic Water and Sewer Service outside Meridian City Limits,
recorded as Instrument No. 2018-047087 on May 23, 2018. The requested zoning district is R-2,
consistent with the property’s FLUM designation of LDR.
The applicant’s well on the property ran dry earlier this year. The City agreed to extend City
water and sewer service to the property with the stipulation the applicant submit a request for
annexation into the City within 10 business days of approval of the Agreement. The property was
connected to City water and sewer service in May of this year. No new development is proposed
with this application.
Existing Conditions: With the recent widening of E. Ustick Road, the existing home does not
comply with the front setback requirements of the R-2 district listed in UDC Table 11-2A-4; as
such, it’s deemed a nonconforming structure and is subject to the standards listed in UDC
11-1B-5, Nonconforming Structure.
Direct access to the subject property is provided from E. Ustick Road via a circle driveway across
both properties. If the property redevelops in the future, access is required to comply with
the standards listed in UDC 11-3A-3, Access to Streets.
As noted in the Section VI.C above, although the Record of Survey (#9145) depicts two parcels,
only one legal parcel exists. Therefore, the property at 772 E. Ustick Rd. is not eligible for a
building permit. The property would need to be subdivided in order to be eligible for a building
permit on that property.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and zoned. The property is contiguous to land that has
been annexed into the City and is within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. In order to ensure compliance with the provisions of annexation
included in this report in Exhibit B, staff recommends a DA is required that contains the
provisions listed in Exhibit B as discussed above.
In summary, Staff recommends approval of the proposed annexation and zoning request for this
site with a development agreement containing the provisions listed in Exhibit B of this report in
accord with the findings contained in Exhibit D.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Aerial View of the Property
Meridian City Council Meeting Agenda September 18, 2018 – Page 123 of 385
Exhibit A
750 E Ustick Rd – AZ H-2018-0061 PAGE 5
3. Agreement for Extension of Domestic Water and Sewer Service outside Meridian City Limits
B. Agency & Department Comments
C. Legal Description and Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
Meridian City Council Meeting Agenda September 18, 2018 – Page 124 of 385
Exhibit A
750 E Ustick Rd – AZ H-2018-0061 PAGE 7
A. Drawings
1. Vicinity/Zoning Map
Meridian City Council Meeting Agenda September 18, 2018 – Page 125 of 385
Exhibit A
750 E Ustick Rd – AZ H-2018-0061 PAGE 8
Exhibit A.2: Aerial View of the Property
Meridian City Council Meeting Agenda September 18, 2018 – Page 126 of 385
Exhibit A
750 E Ustick Rd – AZ H-2018-0061 PAGE 9
Exhibit A.3: Agreement for Extension of Domestic Water and Sewer Service outside Meridian City
Limits
Meridian City Council Meeting Agenda September 18, 2018 – Page 127 of 385
Exhibit A
750 E Ustick Rd – AZ H-2018-0061 PAGE 10
B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS & CONDITIONS
1. PLANNING DIVISION
1.1 Annexation & Zoning Comments
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
City within six (6) months of the City Council granting annexation. The DA shall, at minimum,
incorporate the following provisions:
a. The property owner shall comply with the standards for nonconforming structures listed in
UDC 11-1B-5. The nonconformity of the structure is due to the structure not meeting the
minimum front setback requirement of UDC Table 11-2A-4 due to the widening of E. Ustick
Road and the additional right-of-way needed for the expansion.
b. Access to the property via E. Ustick Road is required to comply with the standards listed in
UDC 11-3A-3, Access to Streets, upon redevelopment of the property.
c. The property owner is required to comply with the terms of the Agreement for Extension of
Domestic Water and Sewer Service outside Meridian City Limits recorded as Instrument No.
2018-047087 attached in Exhibit A.3.
d. The property at 772 E. Ustick Rd. (Parcel #S0531438457) is not eligible for a building permit
unless a subdivision application creating a legal lot is approved by the City and a final plat is
recorded.
e. Any existing domestic well system within this property shall be removed from domestic
service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering
Department at (208)898-5500 for inspections of disconnection of services. Wells may be used
for non-domestic purposes such as landscape irrigation if approved by Idaho Department of
Water Resources; contact Robert B. Whitney at (208)334-2190.
f. Any existing septic systems within this property shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections (208)375-5211.
2. POLICE DEPARTMENT
2.1 The Police Department has no comments on this application.
3. FIRE DEPARTMENT
3.1 The Fire Department had no comments on this application.
4. ADA COUNTY HIGHWAY DISTRICT (ACHD)
No comments were submitted from Ada County Highway District on this application.
5. PARKS DEPARTMENT
5.1 The Park’s Department has no comments on this application.
Meridian City Council Meeting Agenda September 18, 2018 – Page 128 of 385
Exhibit A
750 E Ustick Rd – AZ H-2018-0061 PAGE 11
6. IDAHO TRANSPORTATION DEPARTMENT (ITD)
7. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID)
7.1 NMID has no comments on this application.
Meridian City Council Meeting Agenda September 18, 2018 – Page 129 of 385
Exhibit A
750 E Ustick Rd – AZ H-2018-0061 PAGE 12
C. Legal Description & Exhibit Map for Annexation Boundary
Meridian City Council Meeting Agenda September 18, 2018 – Page 130 of 385
Exhibit A
750 E Ustick Rd – AZ H-2018-0061 PAGE 13
Meridian City Council Meeting Agenda September 18, 2018 – Page 131 of 385
Exhibit A
750 E Ustick Rd – AZ H-2018-0061 PAGE 14
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to annex the subject 1.65 acre property with an R-2 zoning
district consistent with the LDR FLUM designation for this property. Council finds that the
proposed map amendment and residential use complies with the provisions of the
Comprehensive Plan and should be compatible with the adjacent residential uses (see section
VII above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Council finds that the proposed map amendment to the R-2 zoning district is consistent with
the purpose statement for the residential districts as detailed in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Council finds that the proposed zoning map amendment will not be detrimental to the public
health, safety, or welfare. City utilities have been extended to the property at the expense of
the applicant. Council considers any oral or written testimony that may be provided when
determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
Council finds that the proposed zoning amendment will not result in any adverse impact upon
the delivery of services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
Council finds annexing this property with an R-2 zoning district is in the best interest of the
City.
Meridian City Council Meeting Agenda September 18, 2018 – Page 132 of 385
City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 6K
Project File Number:
Item Title: Resolution No. 18-2101
Resolution No. 18-2101: A Resolution To Amend The Future Land Use
Map Of The 2002 Comprehensive Plan For 8.74 Acres Known As
Creamline Park Subdivision Generally Located At 1480 And 1220 W.
Franklin Road And 71 And 48 N.W. 13th Place (Lots 1, 2, 9 And 10
Block 1, Creamline Park Subdivision), In The SW'/4 Of Section 12,
Township 3 North, Range 1 West, Meridian, Idaho.
Meeting Notes:
Y1 APPROVED
I TEM SHEET
C ouncil Agenda I tem - 5.K .
Presenter: C.J ay C oles
Estimated Time f or P resentation: 1 minute
Title of I tem - Resolution No. 18-2101: A Resolution To Amend T he F uture L and Use M ap Of
T he 2002 Comprehensive P lan F or 8.74 Acres K nown As C reamline P ark Subdivision
Generally L ocated At 1480 And 1220 W. F ranklin Road And 71 And 48 N.W. 13th Place (L ots
1, 2, 9 And 10 Block 1, Creamline P ark S ubdivision), In T he S W ¼ Of S ection 12, Township 3
North, Range 1 West, M eridian, Idaho.
C omp Plan Resolution for Creamline P ark Subdivision
C ouncil Notes:
AT TAC HM E NT S:
Description Type Upload D ate
Resolution C PA M Creamline P ark S ub Resolution 9/14/2018
Creamline P ark C PA M Map E xhibit 9/13/2018
RE V I E WE RS :
Department Reviewer Action D ate
L egal.Coles, C.J ay Approved 9/14/2018 - 10:32 A M
Meridian City Council Meeting Agenda September 18, 2018 – Page 133 of 385
ADA COUNTY RECORDER Christopher D. Rich 2018-089180
BOISE IDAHO Pgs=3 LISA BATT 09/20/2018 09:38 AM
CITY OF MERIDIAN, IDAHO NO FEE
CITY OF MERIDIAN RESOLUTION NO. 18-2101
BY THE CITY COUNCIL: BERNT, GORTON, CAVENER,
MILAM, PALMER, LITTLE ROBERTS
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN
TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR
8.74 ACRES KNOWN AS CREAMLIKE PARK SUBDIVISION GENERALLY LOCATED AT
1480 AND 1220 W. FRANKLIN ROAD AND 71 AND 48 N.W. 13TH PLACE (LOTS 1, 2,9 AND
10 BLOCK 1, CREAMLINE PARK SUBDIVISION), IN THE SW 1/4 OF SECTION 12,
TOWNSHIP 3 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to
establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in
addition to the special powers therein granted, to maintain the peace, good government and welfare of
the corporation and its trade, commerce and industry; and
WHEREAS; the City of Meridian. Comprehensive Plan was adopted in August in 2002 as
resolution 02-382; and
WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use
map of the 2002 Comprehensive Plan for approximately 8.74 acres known as Creamline Park
Subdivision generally located at 1480 and 1220 W. Franklin Road and 71 and 48 N.W. 13th Place
(Lots 1, 2, 9 and 10 Block 1, Creamline Park Subdivision), in the SW 1/4 of Section 12, Township 3
North, Range 1 West, Meridian, Idaho, Ada County; and
WHEREAS, the Mayor and City Council have provided all the requisite notices, held the
necessary hearings, and received the required information necessary to make a final decision as
required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
Le 0 Imel guy 1 of n 117 /n►A 11711 reams aClIl11C�]L�f.�
SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend
the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto
COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP — CREAMLINE PARK SUBDIVISION -H-2018-0051
Page 1 of 2
Meridian City Council Meeting Agenda September 18, 2018 — Page 134 of 385
incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held
on file in the office of the City Clerk.
SECTION 2. EFFECTIVE DATE. This Resolution shall be in fiill force and effect
immediately upon its adoption and approval.
2018.
ADOPTED by the City Council of the City of Meridian, Idaho, this ie day of September,
APPROVED by the Mayor of the City of Meridian, Idaho, this ie day of September, 2018.
APPROVED:
Mayor Ta eerd
ATTEST: rK
;eo AUGUSBy:CitNof C. a . Coles, ty Clerk EIDI�k� �
SEPAL
COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP — CREAMLINE PARK SUBDIVISION -H-2018-0051
Page 2 of 2
4�eso.1g,210 1
Exhibit A: Existing & Proposed Future Land Use Map
Creamline Park – CPAM, RZ (H-2018-0051)
Meridian City Council Meeting Agenda September 18, 2018 – Page 136 of 385
City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 6L
Project File Number:
Item Title: Acceptance Agreement Display of Artwork
Acceptance Agreement for Display of Artwork in Initial Point Gallery
Nadene Kranz, December 2018 - January 2019
Meeting Notes:
M", APPROIED
I TEM SHEET
C ouncil Agenda I tem - 5.L .
Presenter: Hillary Blackstone
Estimated Time f or P resentation: 0
Title of I tem - Acceptance Agr eement for Display of Artwork in Initial P oint G allery
One of our scheduled artists for December/J anuary moved to the Oregon coast f or her f amily and
can't make the gallery work. Nadene (a local plein air artist) has agreed to show in a quarter of the
gallery.
C ouncil Notes:
AT TAC HM E NT S:
Description Type Upload D ate
A cceptance A greement - Kranz A greements / C ontracts 9/12/2018
RE V I E WE RS :
Department Reviewer Action D ate
Clerk.B aird, Ted Approved 9/12/2018 - 5:12 P M
Meridian City Council Meeting Agenda September 18, 2018 – Page 137 of 385
ACCEPTANCE AGREEMENT:
DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL
This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT
GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 1&0 day of S ep4gffibelr
201_& ("Effective Date"), by and between the City of Meridian, a municipal corporation
organized under the laws of the State of Idaho ("City"), and Nadene Kranz, an individual
person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.")
WHEREAS, the City desires that public art will be a component of Meridian City Hall
and to that end, the Meridian Arts Commission has invited Artist to display artwork in Initial
Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33
E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery");
WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of
public business, that Initial Point Gallery is a public place, and that while the City seeks to
encourage artistic expression and public dialogue, the City must simultaneously ensure that
Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and
perspectives feel welcome and comfortable;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, the Parties agree as follows:
I. SCOPE OF SERVICES.
Artist shall personally deliver to Initial Point Gallery, on Friday, November 30, 2018, at such
time as is specified by the Gallery Curator, artwork which shall substantially conform to the
description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging
such artwork on Friday, November 30, 2018, at the direction of the Gallery Curator; shall allow
the display of such work in Initial Point Gallery from Friday, November 30, 2018 through
Thursday, January 31, 2019, in accordance with the terms of this Agreement; and shall be
responsible for removal of such artwork on Friday, February 1, 2019, at such time as is specified
by the Gallery Curator.
IL COMPENSATION AND SALE OF ARTWORK.
A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the
pleasure of the Meridian City Council. City shall not provide compensation to Artist for
services, work, and/or any activity undertaken pursuant to or related to this Agreement.
B. Sale of artwork. Artist may, at the direction of and in the manner established by the
Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale.
No price shall be displayed on or be proximate to any piece on display in Initial Point
Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any
transaction related to the sale of artwork shall be handled solely by Artist. Artist
acknowledges the Commission's request that Artist voluntarily donate to the Commission
ACCEPTANCE AGREEMENT -INITIAL POINT GALLERY DISPLAY PAGE 1
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2
twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point
Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist
may remove such artwork from the Gallery, provided that Artist replaces the removed
piece with another piece of artwork within twenty-four (24) hours of such removal.
Artist shall coordinate the removal, replacement, and/or substitution of any and all
artwork with the Gallery Curator prior to such activity.
III. TIME OF PERFORMANCE.
Artist shall provide services described in this Agreement in a timely manner, as described
herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this
Agreement, and that the failure to timely perform any of the obligations hereunder shall
constitute a default of this Agreement.
IV. INSTALLATION.
A. Coordination with Curator. Prior to the installation, removal, replacement, and/or
substitution of the display in Initial Point Gallery or any portion or component thereof,
Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be
responsible for contacting the Gallery Curator between November 02, 2018 and
December 03, 2018 to confirm details regarding the installation, removal, publicity, and
promotion of the exhibit. Artist’s failure to affirmatively contact the Gallery Curator as
required by this paragraph shall constitute a default of this Agreement.
B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City
may inspect and/or review the artwork proposed by Artist for display in Initial Point
Gallery to ensure compliance with all criteria set forth in the Call to Artists attached
hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in
Exhibit B, as well as to ensure that such artwork may be safely and appropriately
displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the
display or any portion or component thereof does not meet the criteria set forth in
Exhibits A and B, does not reflect artwork as described and depicted in Exhibit B, or
cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery
Curator or the City may require the immediate removal of such artwork from Initial Point
Gallery. Further, the Gallery Curator or the City may require the immediate removal of
such artwork from Initial Point Gallery where such removal serves the best interest of the
City.
V. DISPLAY.
A. Original artwork. Artist warrants that any and all artwork provided by Artist for display
in Initial Point Gallery shall be, and is, original work conceived and created by Artist.
B. Photographs of artwork. City may photograph the artwork displayed in Initial Point
Gallery, as City may desire for purposes of advertising, marketing, and public
information. Where practicable and to the extent of City’s authority, Artist shall be
Meridian City Council Meeting Agenda September 18, 2018 – Page 139 of 385
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3
acknowledged on each such photograph to be the creator of the original subject thereof,
provided that photographic reproductions of artwork shall not be identified as or
represented to be the finished artwork.
C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for
purposes of advertising, marketing, and public information, without violation of Artist’s
rights of privacy or any other rights Artist may possess under this Agreement, provided
that City shall not use Artist’s logo, if any, for any purpose without the express, written
permission of Artist.
D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for
purposes of advertising, marketing, and public information, without violation of City’s
rights of privacy or any other rights City may possess under this Agreement, provided
that Artist shall not use City’s logo for any purpose without the express, written
permission of the Mayor’s Chief of Staff.
E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from
public display at any time and for any reason. Such removal may be temporary or
permanent in nature. Where such artwork is or is intended to be removed from public
display for longer than forty-eight (48) hours, City shall notify Artist in the manner set
forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point
Gallery for the period set forth herein, this period may be shortened by City for any
reason, without notice to the Artist.
F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the
removal, replacement, and/or substitution of any and all artwork prior to such activity,
whether such activity is necessary due to the sale of a piece or for any other reason.
G. Simultaneous display. City may elect to display the work of more than one Artist or
Organization in Initial Point Gallery at any time, at the City’s sole discretion. The
manner and arrangement of the display(s) in Initial Point Gallery shall be determined by
the Gallery Curator.
VI. INDEMNIFICATION, WAIVER, AND INSURANCE.
A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the
City and any and all of its employees, agents, volunteers, and/or elected officials from
any and all losses, claims, and judgments for damages or injury to persons or property,
and from any and all losses and expenses caused or incurred by Artist or Artist’s servants,
agents, employees, guests, and/or invitees.
B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against
City, including the right of contribution for loss and damage to persons or property
arising from, growing out of, or in any way connected with or incident to Artist’s
performance of this Agreement, whether such loss or damage may be attributable to
Meridian City Council Meeting Agenda September 18, 2018 – Page 140 of 385
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4
known or unknown conditions, except for liability arising out of the tortious conduct of
City or its officers, agents or employees.
C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft,
or damage of artwork displayed in Initial Point Gallery or to cover any activity
undertaken by Artist in the furtherance of Artists’ rights or obligations described herein.
Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the
Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain
all necessary insurance as may be required in order to protect Artist’s insurable interests
for its rights and obligations described within this Agreement, including, but not limited
to, liability insurance, automobile insurance, worker’s compensation insurance, and/or
insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and
all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for,
transported to, transported from, installed or hung in, and/or displayed in Initial Point
Gallery.
VII. TERMINATION.
A. Termination for cause. If City determines that Artist has failed to comply with or is in
default of any term or condition of this Agreement, violated any of the covenants,
agreements, and/or stipulations of this Agreement, falsified any record or document
required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other
act of misconduct in the performance of this Agreement; or if either Party willfully or
negligently defaults in, or fails to fulfill, its material obligations under this Agreement;
the other Party shall have the right to terminate the Agreement by providing written
notice to the defaulting party of its intent to terminate, and shall specify the grounds for
termination. The defaulting party shall have two (2) calendar days, not including
Sundays or federal holidays, after the other party mails such notice to cure the default. If
the default is not cured within such period, this Agreement shall be terminated
immediately upon mailing of written notice of termination.
B. Termination without cause. City may immediately terminate this Agreement for any
reason at any time without prior notice to Artist.
C. Termination upon death or incapacity of Artist. This Agreement shall automatically
terminate upon the death or incapacity of Artist.
D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall
not be construed as a waiver of a breach of the same or any other provision hereof.
VIII. GENERAL PROVISIONS.
A. Relationship of Parties. It is the express intention of Parties that Artist is an
independent party and not an employee, agent, joint venturer, or partner of City. Nothing
in this Agreement shall be interpreted or construed as creating or establishing the
relationship of employer and employee between Artist and City or between Artist and
Meridian City Council Meeting Agenda September 18, 2018 – Page 141 of 385
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5
any official, agent, or employee of City. Both parties acknowledge that Artist is not an
employee of City. Artist shall retain the right to perform services for others during the
term of this Agreement.
B. Compliance with law. Throughout the course of this Agreement, Artist shall comply
with any and all applicable federal, state, and local laws.
C. Non-Discrimination. In fulfilling or exercising any right or obligation under this
Agreement, Artist shall not discriminate against any person as to race, creed, religion,
sex, age, national origin, sexual orientation or any physical, mental, or sensory disability.
D. Entire agreement. This Agreement constitutes the entire understanding between the
Parties. This Agreement supersedes any and all statements, promises, or inducements
made by either party, or agents of either party, whether oral or written, and whether
previous to the execution hereof or contemporaneous herewith. The terms of this
Agreement may not be enlarged, modified or altered except upon written agreement
signed by both parties hereto.
E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the
validity, interpretation, performance and enforcement of this Agreement. Venue shall be
in the courts of Ada County, Idaho.
F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise,
the exercise of any remedy provided for herein or allowed by law shall not be to the
exclusion of any other remedy.
G. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall
not be affected.
H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations
under this Agreement that require or that may require Artist’s artistic talent or expertise.
Artist may subcontract or assign obligations that do not require Artist’s artistic talent or
expertise. All of the terms, provisions, covenants and conditions of this Agreement shall
inure to the benefit of, and shall be binding upon, each party and their successors,
assigns, legal representatives, heirs, executors, and administrators.
I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise
stated in this Agreement, shall be in writing and shall be deemed communicated upon
mailing by United States Mail, addressed as follows:
Artist: City:
Nadene Kranz Hillary Blackstone
4415 W. Bloom Street Initial Point Gallery Curator
Boise ID 83703 33 E. Broadway Ave.
Meridian ID 83642
Meridian City Council Meeting Agenda September 18, 2018 – Page 142 of 385
Either party may change its respective mailing address by giving written notice of such
change in the manner herein provided.
J. City Council approval required. The validity of this Agreement shall be expressly
conditioned upon City Council action approving the Agreement. Execution of this
Agreement by the persons referenced below prior to such ratification or approval shall
not be construed as proof of validity in the absence of Meridian City Council approval.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
Effective Date written above.
ARTIST:
Nadene Kranz
CITY OF MERIDIAN:
BY:
Tammy d ee • ,Mayor /Z/�, Z
Attest:
y Coles, a Clerk
� w
=
Cit", y of
�E IDR IANC-'
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IDAHO y� SEAL L
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ACCEPTANCE AGREEMENT — INITIAL POINT GALLERY DISPLAY
1
PAGE 61r�
p f
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 7
EXHIBIT A
CALL TO ARTISTS
Meridian City Council Meeting Agenda September 18, 2018 – Page 144 of 385
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9
EXHIBIT B
ARTIST’S PROPOSAL
Meridian City Council Meeting Agenda September 18, 2018 – Page 145 of 385
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9
Meridian City Council Meeting Agenda September 18, 2018 – Page 146 of 385
City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 6M
Project File Number:
Item Title: School Resource Officer Agreement
School Resource Officer Agreement between City of Meridian and
West Ada School District
Meeting Notes:
C✓i APPROVED
I TEM SHEET
C ouncil Agenda I tem - 5.M.
Presenter:
Estimated Time f or P resentation: 10
Title of I tem - School Resource O fficer Agreement between City of M eridian and West Ada
School District
Police Department - City of Meridian S R O Agreement
C ouncil Notes:
AT TAC HM E NT S:
Description Type Upload D ate
S R O Agreement Cover Memo 9/12/2018
RE V I E WE RS :
Department Reviewer Action D ate
P olice J ohnson, Chris Approved 9/12/2018 - 6:46 P M
P olice B aird, Ted Approved 9/13/2018 - 5:01 P M
P olice Fields, J enny Approved 9/14/2018 - 12:49 P M
Meridian City Council Meeting Agenda September 18, 2018 – Page 147 of 385
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deemed communicated when mailed via the United States mail, addressed as
follows;
Jeff Lavey Joe Yochum
Chief of Police Assistant Superintendent of Operations
Meridian Police Department West Ada School District
1401 E. Watertower Ave. 1303 E. Central Drive
Meridian, Idaho 83642 Meridian, Idaho 83642
Either party may change its address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
30. 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.
DATED this �
`3 ! day of �-) 0 , 2018.
CITY OF MERIDIAN:
BY; �
Tammyrd
Mayor -
BY: //
Je Lav
Chief of olice
ATTEST.
QO�Pj -U AUG
IQ
?00
0
ay Cole (11Y of w
i y Clerk E IDIAN -
IDAHO
s� SEAL �/
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City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 6N
Project File Number:
Item Title: Dog License Designee Agreement
Dog License Designee Agreement between Meridian Canine Rescue
and City of Meridian
Meeting Notes:
c✓i APPROVED
I TEM SHEET
C ouncil Agenda I tem - 5.N.
Presenter:
Estimated Time f or P resentation:
Title of I tem - D og L icense D esignee Agreement between M eridian C anine Rescue and C ity
of M eridian
C ouncil Notes:
AT TAC HM E NT S:
Description Type Upload D ate
A greement A greements / C ontracts 9/13/2018
RE V I E WE RS :
Department Reviewer Action D ate
Clerk.B aird, Ted Approved 9/13/2018 - 5:03 P M
Clerk.Fields, J enny Approved 9/14/2018 - 12:50 P M
Meridian City Council Meeting Agenda September 18, 2018 – Page 160 of 385
Meridian City Council Meeting Agenda September 18, 2018 – Page 161 of 385
Meridian City Council Meeting Agenda September 18, 2018 – Page 162 of 385
Meridian City Council Meeting Agenda September 18, 2018 – Page 163 of 385
Meridian City Council Meeting Agenda September 18, 2018 – Page 164 of 385
S. 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.
T. Approval required: This Agreement shall not become effective or binding until approved
by City.
LICENSING DESIGNEE:
Meridian Canine Rescue
Name of Business
Designee's Signature
BY: JOSS �Cl� �LUr�
Print Name
CITY OF MERIDI
BY:
Tammyeillrd, Mayor
Attest:
C.Ja Coles, Cit Jerk
2017 DOG LICENSING DESIGNEE AGREEMENT s PAGE 5 OF 5
Q°�Q,jED AUGUST
city of
EIDIAN+ -
IDAHO
SEAL
City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 60
Project File Number:
Item Title: Purchase Order Approval #18-0522
Approval of Purchase Order #18-0522 for New and Sensus Water
Meters to Ferguson Enterprises in the Not -To -Exceed amount of
$69,500.00. This PO is a sole source purchase per the previously
approved Sole Source for Sensus Water Meters
Meeting Notes:
I TEM SHEET
C ouncil Agenda I tem - 5.O.
Presenter: Consent
Estimated Time f or P resentation: Consent
Title of I tem - Approval of P urchase O rder #18-0522 for New and S ensus Water M eters to
F erguson Enterprises in the Not-To-E xceed amount of $69,500.00. T his P O is a sole source
purchase per the previously approved S ole Source for Sensus Water M eters
C ouncil Notes:
AT TAC HM E NT S:
Description Type Upload D ate
Council Memo Cover Memo 9/12/2018
P O 18-0522 with Overspend A pproval Cover Memo 9/12/2018
RE V I E WE RS :
Department Reviewer Action D ate
F inance.J ohnson, Chris Approved 9/12/2018 - 12:31 P M
F inance.B aird, Ted Approved 9/12/2018 - 1:01 P M
Meridian City Council Meeting Agenda September 18, 2018 – Page 166 of 385
Page 1
Memo
To: CJ Coles, City Clerk,
From: Keith Watts, Purchasing Manager
CC: Chip Hudson; Dennis Teller
Date: 9/12/2018
Re: September 18th City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
September 18th City Council Consent Agenda for Council’s consideration.
Approval of Purchase Order #18-0522 for New and Sensus Water Meters to
Ferguson Enterprises in the Not-To-Exceed amount of $69,500.00. This PO is a sole
source purchase per the previously approved Sole Source for Sensus Water Meters.
Recommended Council Action: Approval of Purchase Order #18-0522 to
Ferguson Enterprises for the Not-To-Exceed amount of $69,500.00 and
authorize the Purchasing Manager to sign.
Thank you for your consideration.
City of Meridian
Purchasing Dept.
Meridian City Council Meeting Agenda September 18, 2018 – Page 167 of 385
E IDIAN
Purchase Order
Attention: Chip Hudson
9110t201a 18-0522
CITY OF MERIDIAII
33 EAST BROADWAY AVE.
M ERIDIAN, ID 83642
(208) 888-4433
Vendor Address:
FERGUSON ENTERPRISES INC,
FERGUSON WATERWORKS #,1 701
PO BOX 802817
cHtcAGo, tL 60680-2817
Oescription
18-0522 New Capital Water Meters
Purchasing Manager:
Special lnstructions
Billing
Address:
Shipping
Address:
Shipping Method:
FOB:
Unit
Dollar
Attn: Finance
33 E Broadway Ave
Meridian, lD 83642
City of Meridian
Water Deparlment
2235 NW 8th
Meridian, tD 83646
Total
truck
destination
Quantity Unit Price
69500.00 '1.00
Purchase Order Total
69,500.00
$69,500.00
Additionl Sensus Water Meters Sole Source (evergreen) approved at Council 12116114. PO approved by Council 9/18/18
Overespend authorized by Dale 6/5/18 Not-to-Exceed $69,500. 60-3410 -52450-10472
IDAHO
Meridian City Council Meeting Agenda September 18, 2018 – Page 168 of 385
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Dennis Teller
From:
Sent:
To:
Cc:
Subject:
Dale Bolthouse
Tuesday, June 5,2018 1:35 PM
Laurelei McVey
Dennis Teller; Alexander Freitag; Connie Moon
RE: Updated Meter Overspend Request
Laurelel,
I approve your request to overspend the water meter/MXU account by s245,000.....wh1ch will be offset by the
lncremental revenue. I appreclate your work on this and look forward to the improved data for tracking our spending
and revenue numbers. Please break up the remalning purchases into practical increments so that you can manage
inventories carefully. Contlnue to work with water operatlons to ensure we are managing our replacement meter dates
to maxlmize asset life. Lets schedule a meter supply update meetlng for late Ju ly/ea rly August to review our progress.
Thanks
Dale
Dale Bolthouse I Director
City of Meridlan I Publlc Works Department
33 E. Broadway Ave., Suite 200, Meridlan, ldaho 83645
Phone: 208-898-5500
o{,Cqryr
Buih fot Business, Deslgned for Living
All e-noll messqggs senl to or recelved by Aty of Me dlon e-moil occounts orc sublect to the ldaho low,
ln rcgords to both rcleose ond retentlon, ond moy be rcleosed upon request unless exempt from dkclosure by law
From: Laurelel Mcvey
SanU Tuesday, June 05, 2018 12:16 PM
Tor Dale Bolthouse
Cc: Dennis Teller; Alexander Freitag; Connie Moon
subjectr Updated Meter Overspend Request
Hi Dale,
Upon further review ofthe meter overspend request, we have reduced our overall overspend request to 5245,000.
To do this, we willcap all FY18 replacements at no more than 1,900 meters in total.
Overspend lnformation
so far thls fiscal ear we have urchased the followl
1
MXusOct 2017-April 2018 Meters Total Cost YTD Total Budgeted FY18
9s6 s13New Development 529!,L75 s250,000
Replacement Program 644 S19e,ees S2oo,ooo
Total Spent FY18 S491,170
s450,000Total Budgeted FY18
Overspend needed to date !94lrio
-
IIII
378
I
Meridian City Council Meeting Agenda September 18, 2018 – Page 170 of 385
City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 6P
Project File Number:
Item Title: Approval of Change Order 3 — Discovery Park AIA
Approval of Change Order 3 for Discovery Park AIA Agreement to
Knife River Corp., for the Not -To -Exceed amount of $103,285.00.
Meeting Notes:
E-qj APPROVED
I TEM SHEET
C ouncil Agenda I tem - 5.P.
Presenter:
Estimated Time f or P resentation:
Title of I tem - Approval of Change Order 3 for Discovery P ark AI A Agreement to Knife River
C orp., for the Not-To-E xceed amount of $103,285.00.
C ouncil Notes:
AT TAC HM E NT S:
Description Type Upload D ate
Council Memo Cover Memo 9/12/2018
Change Order Cover Memo 9/12/2018
B udget R eport Cover Memo 9/12/2018
RE V I E WE RS :
Department Reviewer Action D ate
F inance.J ohnson, Chris Approved 9/12/2018 - 4:54 P M
F inance.B aird, Ted Approved 9/12/2018 - 5:11 P M
Meridian City Council Meeting Agenda September 18, 2018 – Page 171 of 385
Page 1
Memo
To: C.Jay Coles, City Clerk
From: Sandra Ramirez, Purchasing Specialist
CC: Mike Barton, Park Superintendent; Keith Watts, Purchasing Manager
Date: 9/12/2018
Re: September 18 th City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
September 18 th City Council Consent Agenda for Council’s consideration.
Approval of Change Order 3 for Discovery Park AIA Agreement to Knife River Corp.,
for the Not-To-Exceed amount of $103,285.00.
Recommended Council Action: Approval of Change Order 3 to Discovery Park
AIA Agreement to Knife River Corp. for the Not-To-Exceed amount of
$103,285.00 and authorize Purchasing Manager to sign the Purchase Order for
the Not-to-Exceed amount of $103,285.00.
Thank you for your consideration.
City of Meridian
Purchasing Dept.
Meridian City Council Meeting Agenda September 18, 2018 – Page 172 of 385
?rV{"Ky
CITY OF MEBIDIAN
33 EAST BHOADWAY
MERIDIAN,ID 83542
CHANGE OHDER
CHANGE OHDER NO.#3
PHOJECT NO.10121
CHANGE ORDER DATE:8t112018
EFFECTIVE DATE:81112018
CONTBACTOR:Knife River Corp.
PHOJECT:I Discovery Park
The Contractor ls hereby dlrected lo meke the lollowlng changes lrom the Contract Oocuments and Plans.
Description ol additional work: (attach additional pagas if needed)
WnO nEOUESTED THE CHANGE E City LJ Contractor
WHY IS THE CHANGE NECESSAHY
Check all that apply
tr Unforeseen / Hidden Conditions
n Error with the Plans andlar Specifications
[J Scope Change
il other - ctesciba belaw
Explanation:
This change is a resull ol changes made by ACHD to road and entry construction inside the ROW. Also, there was a liva surlace
waler dilch letl out ol lhe drawings that n€sds to be piped.
REASON FOR CHAT,IGE ORDER VS. BIDDING ADDITIONAL WORK
Chcck all thal apply
n fne work is in the area of the original conlract and a conllict with the on-sile contractor is probable and
would make coordination of work dilficult and bidding unreasonable.
I Time is ol the essence and bidding would require the contractor to stop work and the City woutd face
costly standby fees therefore making bidding disadvantageous
E Emergency Work lo correcl unsafe conditions.
fl Other - describe betow
Explanation! (atr*hcd rddltlonC pegcr ll n..drd)
Page 1 ol 2
Meridian City Council Meeting Agenda September 18, 2018 – Page 173 of 385
Original Contract Price:$1.587 ,382.72
CHANGE IN CONTRACT TIMES:
Original Contract Times:days
s ,e, igiar amufl €" trdnadg nErg
Net changes lrom previous Change Orders
No. lo No.
Nola .hanoo ords numbarg iar6
Net changes lorm previous Change Ordors (calendar days)
No. to No.
TiiEGn--groroernurnbeof, 6ffi days
Nat ln creaae (decraase) of thls Change Order:of thls Change Order:Nat lncrease (decrease)
(calcnder dayr)
days
Tolal Change (lncrease / decrease) lo date:
_$1Q3,285.00
Total Days (lncrease /decrease) lo dala:
(calendar days)
0 days
New Conlract Price with al! Approved Change Ordars:
$1,690,667.72
New Contract Times wlth all Approved Change Orders:
(calendar days)
0 days
APPROVED: (city Purchasing Managor)
By: Keith Watts
Dsle:
RECOMMENDFQ: gt$]Prolect tr&nasor)
Bv: illj,[4,froar", tr'-oi-it- t4
OATH APPROVED BY COUNCI[ (lt required]
NO SIGNATURE REOUIBEO
DATE
fr,IETHOD OF COST DETERMINATION / COST ANALYSIS OR VERIFICAiIOX'
The bid quantities have been verilied by the CM and lhe consultant. Also, the unit prices provided are consislant with the original
low bid.
Purchaslng Usa Only
L
Page 2 ol 2
CHANGE IN CONTRACT PRICE:
[eCCeef eO: (Contractor)
I uichael Berard (Kreizenbeck, LLC)
feypisrr.a ArA co 7/20/20LB (attached)
Ioate,
Approval
2 018
Meridian City Council Meeting Agenda September 18, 2018 – Page 174 of 385
'ffiAIA Document GlottcMa-- 1gg2
Change Order . Constructlon Menagery'rdvlser Edltion
PROJECI (Namcaad e&ag:
City of i{crldlaa - South Mcrldiln
Rcaiond Put
Ncrr8rrtt-rkc l{rzcl Rod In Mcddlur,
Idrho
cHAilOE (nDER ilUil8ER: 001
lrflilATtrlll DATEi ruty I 6, 20t 8
PROJECT t{t lrBERS: BP0l / 15-080
cOllTR SIDATE:,I22La0]7
CO{IRACI FOR: Ocncnl Conrttclion
0ttrNER:El
Cfi STRUCTIO N i{AI,lAcEe El
ARCHTTECT:El
CONTHACTOEE
FIELD:8
oIHER El
T0 COtlIR Cfin (Na ac and ddns):
Knifc Riwr Ccpontior - Northwat
5450 W Gwea Roed
Boirc, ldaho 83709
IHE COI{Iilgf E CHAtlcED AE F0tlOItr
l) Sitc watcr linc modificgtionr per ASI f03. ADD t1,899.00
2)_Complctc kkc llrzol roadwry, borrow ditch rwalcr urd grrvity lnigatlon lincs pcr tlo approvcd dnwingr from ACHD rnd
ASI #07. ADD S68,{t5.00
3) Cooplcto rcvisionc to cntsancc driveway por ASt #10. ADD 33l J83.00
4) Excavrtc, baclfilt rd compsct now foundstior wall ar sain pcr ASI f 12. ADD $.41t.00
Tbo origlorl Conhct Sum w.!
Nct chugc by prsvlosrly rutborizcd Sur3r frcn
nlc Coilnct Sos prior to drir Cheryc Ordcr wrr
Thc Conrr* Sura wlll tc lncrsrrcd by drir Chgrgc Ordr in ttc rnront of
lto acw Contrct Suu including thir Churge Oda wlll bc
Thc Conbrct Tirm will bc uncburgcd by Zcro (0) dryr,
Illc &to of Suherntirl Conptaim rr of thc drto of drh Cbrago Ordcr thcrcfotc lr
IIOIE: This rummary docr aot rcllect chenB$ in thc Contnct Sum, Csnblct Timc or Gurnaecd Marimum Prics which haw
bccn ruthorizcd by Conrtuction Churgc Dircctivc.
Itol vAl,Jo ufint $cllED BYilE CIuflER, colt!?Rucnoil Hl[ oEfi, ARCHfIECI AilD COiTTn CIOR" .rn f ,
I
I
ItI
t,587.rt2.12
0.00
1,5E1,1t2.12
- -. rol4F,S--
t.6p0.a67.t2
Itc ltadGroup. lac. . ,., "' ,..CO[tTRUgf Oil fAllAcER frrr aarre/
-
t 1724 Wcgt Bxccutivc Ehivc
Boiac, klrho 83713
462 &rt Shorc Drivc
Suire 100
Errlc ldlho t3616
ADDRESS AOORETE
Ib,
- rcea.
t!
grd
orplnr on
cl
nol tDl illah
lEr,
pes DAIE)
Meridian City Council Meeting Agenda September 18, 2018 – Page 175 of 385
AIA DoaummM 0701MMa^" —1292. Copyright O 1882 byThs American lntltuts of ArchMeLL All rldhta roserved. WARNING: Thte AIA° Doeunwrt In
pmteetod by U.S. Copyright UW and Inlornellonsl Tm illea, UnsuMortmd mptWuetion at dtaMbutlan orthld AIAs Document, or may owtton of k,
mry roault to aevero ohdi and arimtrnt panellfeu, mad will ba proseeuted to tha mestmum astmt poazlbla undar Iho law, Tris document was produced by
AIA software M 15'38;29 on 07118/201 d under Order No. 7870831878 which esplrse on 17!2812018, end Is not for resole,
User Notes: (389ADAAC)
e
BY (Signature)B
Michael J 8cr%�17rf8
ign r
- • 1
(Typed name) DATE: %�
(Typed name) \,—,,) :
Knife River Corporation - Northwest
City of Mcridiin
CONTRACTOR (Firm name)
OWNER (Firm name)
5450 W Gowen Road
33 East Broadway Avenue
Boise, Idaho 83709
Meridian Idaho 83642
ADDRESS
AD Me -
BY ( gnolure 1 r
Se.;q %''ZG
8Y (Srgnafu
(7)ped name) DATE:
(Typed mom V) DATE:
AIA DoaummM 0701MMa^" —1292. Copyright O 1882 byThs American lntltuts of ArchMeLL All rldhta roserved. WARNING: Thte AIA° Doeunwrt In
pmteetod by U.S. Copyright UW and Inlornellonsl Tm illea, UnsuMortmd mptWuetion at dtaMbutlan orthld AIAs Document, or may owtton of k,
mry roault to aevero ohdi and arimtrnt panellfeu, mad will ba proseeuted to tha mestmum astmt poazlbla undar Iho law, Tris document was produced by
AIA software M 15'38;29 on 07118/201 d under Order No. 7870831878 which esplrse on 17!2812018, end Is not for resole,
User Notes: (389ADAAC)
AN CITY OF MERIDIAN
Purchaclng Dcpartment
33 E BROAOWAY AVE, STE 106
MERIDIAN, ID 83642
TEL: (208) 489-0417
FAx: {208) 887-4813
@
CITY OF MEBIDIAN
Parks and Flecrealion
SUGGESTED
VENDOH Knile River Corp.
5450 W Gowen Hd
Boise, ldaho 83709
81112018
IS EUOGET AMENDMENT FEOUIFED?
No
CTTY SUPPORTTICKET NO.
DATE OF
REOUEST
AVAILABLE BUDGET AMOUNT
Purchase Requisition
Ir.o.e.
loEsrt Mike Barton
PBOJECT NAME:Discoverv Park
1 $7 5200 96927 $ 103,285.00
$
a I
$
s
I
I
$
s
$
NOTES: CouncllApprovalDat* 1ol1l2o17
DEPT
CODE
ACCOUNTING CODES
FUND TOTAL AMOUNT
nd PricinQu,antity aDescriion of Purchase
EXPENSE OH
GL ACCOUNT #
PROJECT J
coL4t4tTt{ENT #
OTY UNIT UNIT PHICE
PLJFaH,iS: Oliii!n f .'Ul.:3Eir t.:,.rsf A';;::A;r O:J /\Ll il.t'Cla:i. rr.\:Xlt,.C
SLliS. Ciri:TCliS ,'tilii CCAiI: Si:Oii5l,;a: ,i3,_,it !C TO T,llS CFDgri
t:i.Ill {r l i 7,I tl:Icl i il
Mike Barton
PAYMENTTERMS
NETSO
:BEIGHTTERliti
,REPAID
PART NUMBER / DESCRIPTION / COMMITMENT NAME /
TASK ORDEB / CONTRACT / PHOJECT DESCRIPTION
I n ,ror,rru.oo
,$I l-{-\1
r
Meridian City Council Meeting Agenda September 18, 2018 – Page 177 of 385
i ''.' ''i i{{{"i,.Iflljfr if.,1j1:,i [:,.,{.1, i AirHoueEsouRctsconPrY
5450W. Gowen Road
8olse, lD 83709
(208,362-61s2
(208) 382€t9s FAX
June 12, 2018
Brandon Eylngton
Kreizenbeck Constructors
71724 West Exccutlve Drlve
Boise, lD 83713
SubJect: South Meridian Regional Park
Re: ASI 03 Changcs
Dear Brandon,
Eefow is a cost breakdown for ASt 03 we receive d on 615llS,
Deductlons for original design.
Dcduct 20 t.F 6" C90O Water Maln |P $21.00 pcr LF = |$+ZO.OO1
Additions for new design.
Southern ldaho Divlslon
Addltlon:
Addltlon:
Addltlon:
Addltion:
20 LF 8" C90O Water Maln (e 922.00 per LF = $440.00
t EA t"X6" Reducer Gf $424.00 per EA'3424.00
1 EA 6" Gate Valve (Requlred by Oty tnspector| @ $810.00 per EA ' S87O.OO
I [S 3" Vent Une From Septlc Tank Io Wthln 5' Of Bulldlng Tie tn By Othcrs €t $SSS.OO
The total additlonal cost for thls work ls $1,899.00. Please revlew these ltems and let me know lf you have
any questions.
Korsen
ProJect Manager
Meridian City Council Meeting Agenda September 18, 2018 – Page 178 of 385
3frfiHH,mNp."GRouR rNC.
462 E Shore Dr, Suite L00
Eagle, ldaho 83616
P 208.939.4041
F 208.939.4445
ASI NO.03 | February 28,20L8
To the Plans and Specifications for: South Meridian Regional Park I TLG PN 116007
GENERAL:
L.L See attached full size drawings for more information. Drawing sheets also issued in response to RFI #05.
SPECIFICATIONS:
1,.2 None
DRAWINGS:
1.3 SITE UTILITIES SOUTH _ SHEET C5.02
REVISION: Amended blow-off assembly notes. At fire hydrant increased waterline size (6" to 8") and added reducer
Added reference to potable water crossing at sewer line. Added vent line for septic system. See attached drawing.
RESTROOM/CONCESST9NS pLUMBtNG pLAN - SHEET p1.10
REVISION: Added vent line for septic system in Detail LlPt.tO. Changed water line size from (2) water meters in
Detail 3/P1.10. See attached drawing.
PLUMBING DETAILS & SCHEDULES - SHEET P2.10
REVISION: Added backflow prevention and waterline to drinking fountain in Detail 3/P2.1.O. See attached drawing.
END OF ASI No.03
,
Issued 06/05/Le
site planning o Landscape Architecture . civil Engineering o Golf course lrrigation & Engineering o Graphic Design o surveying
LIST OF DOCUMENTS SIZE OF SHEET NO. OF PAGES
ASI No.03 Summary 8.5xLL L
Drawings 22x34 3
Meridian City Council Meeting Agenda September 18, 2018 – Page 179 of 385
..-AN MDU RISOURCES COSPATIY
5450 W. Gowen Road
Bolse, l0 83709
{20E) 362-6152 '
(208) 362-6199 FAX
June 29, 2018
Brandon Bylngton
Krelzen beck Constructors
11724 West Executive Drlve
Bolse, lD 83713
Subject; South Meridlan Reglonal Park
Re: ASl07 ACHD ROW Work Modtflcailons
Dear Brandon,
Below ls a cost breakdown forASi0T we recelved on6ltZl!3.
Added lrrlgation.
Addition:
Addition:
Additlon:
Addltlon;
Addltlon;
Addition:
Addition:
Addltlon:
Storm Draln.
Deduct: 1,300 tF SD Eloswales @ $15.00 Fsr LF r ($f g,SOO.OOI
Addltlon: 1,350 LF 5D Swale @ $ $s.SO per rF = $7,425.00
Roadway, Curb and Pavlng
Dcduct: 235TN Plt Run @ $t1.60. per?t{ - 152,737,60}Deduct: 35 TN Road Mlx @ $20.75 perTN: ($726.251
Oeduct: 47 TN Asphalt @ $66.00 Per TN r ($3,102,00)
Addltlon: 90 tF Curb & Gutter @ $15.35 per [F t $1,381s0
Southern ldaho Dlvlslon
t'
:
-Ir:
l tS Mobllhe Plpe Crew & Equlpment "$1,670,00I EA Connect to Exlstlng 15" (Ir,tp plpe |9 gl,Z8S.OO per EA = Slr2gS,OO
56 LF 15" lrrlgatlon Plpe @ $35.00 plr LF = gt,9EO.00
11051 tF 18" lrrlgatlon Plpe @ $q0.SO per t F = $48.871.50
5 EA 3'X3' lD tnlgauon Boxes @ $f850.00 psr EAr $U,zso.oo
10 tF Rip Rap Dltch @ $ff.0O per LF r $3IO.OO
I tS Cut Existins Water Mrln and Lowgr Gl 33,400.00
20 L-F 16" Steel Caslng Pipe @ 3202,(t(l per LF = 54,040.00
: r..
't
Meridian City Council Meeting Agenda September 18, 2018 – Page 180 of 385
a
\,
ii{Nlbsffi g-t,ittrffi.$t
244 CY Excavatlon to Subgrade e = $aOO per CI = $1,952.00
464 Ttl Pit Bun O $13.60 PerTN r$6,310.40
51TN Eoad Mlx @ 925.55 per TI{ = $1,38.05
66 CY Place Onslte Topsoll lp 95.95 psr Cy = $392.20
At{ trou RE8ouRcE5 coxP ilY
5450 W. Gowen Road
Bolse, lD 83709
(2081 362-61s2
(208) s02-810e FAX
Southern lda ho Dlvlslon
The frontage sldewalk along Lake Harel was already prepped for concrete and wlll now need to be moved
2'south.
Addltion:
Addltlon:
Addftlon:
Addhlon:
The total addltlona! cost for thls work ls S58,485.30. Please revlew these ltems and let me know lf you have
any questlons.
Slncerely,q,ffz:
ProJect Manager
Meridian City Council Meeting Agenda September 18, 2018 – Page 181 of 385
,,t.
bTN[Fffi tR,flVE.IR
\Ail UDU negou f;CEg COil pAr{Y
5450 W. Gowen Road
Bolsc, lD 83709
(208) 352-61s2
(208) 362.819e Fru(
July 6, 2018
Bnndon Bylngton
Krelzenbeck Constructors
17724 West Executlve Drlve
Bolse, lD 83713
SubJect: South Merldian Reglonal Park
Re: ASl10 Park Entry Road Modificattons
Dear Brandon,
Below ls a cost breakdown for ASI 10 we received on6l22ltg,
Storm Draln.
Southern ldaho Dlvlslon
1[5 Remove <lng S&G Trap, Plpe and Dlspose ' $1rC00.0
155 tF 12" Storm Draln Plpe €, $aA.OO per LF = 95,270.00
I EA 1000 Gal S&Trap @ $4,092.00 per EA = $0,092.fit
Roadway, Curb and Paving
Addltlon:
Addltlon:
Additlon:
Addltlon:
Additlon:
911 CY lmport and Placc Flll Matcrlal ln Over Excavatlon @ " 9Zf.0S per Cy = 919,71!1.15
55 LF Curb & Gutter @ 515.35 prr LF: $ggZ.ZS
The total additlonal cost for thls work ls $3lrltEZ,g0. Please revlew these ltems and let me know if you have
any questlons.
Slncerely,
ProJect Manager
Meridian City Council Meeting Agenda September 18, 2018 – Page 182 of 385
FnANZ
l'r{ITTE
S1 I'J?l
[rJurs"ry
t-andscap"
ffiaintcnancc
oBc:
770 W Sse Strcct
oka Haho 8l7l{
bru (100, g5!{808
x (108) 053.1501
kGell:
l0 Hlghnzy 55Sourh
cCr[. Hrho 8]6tB
tone (ltl0) 63{.t001
rx @00) 6l*5013
!,]&lrrorwinc.(e@
hho Conmcor
ll,ra
hho Publts Works
| 189{.4/A/A-t
f, Lrndrepc Lkcarc
e700
ASr #10
TO
DATE:
PRO]ECT:
July 10, 2018
Kreizenbeck Constructors
South Meridian Regional Park
Provide labor, materlals, and equiprnent to complete the following items of work, per ptans
and specs dated 06.21.2018:
Plant Material
. Labor - 91,890
r Materials - 92,530
. Equiprnent - $350
Add: $4,770
Irrigation
' Labor - 9290
, Material - $195. Equipment - $100
Add: $s8s
Boulder Walls
. Labor - $950
. Equipment - $500
r Subcontrarl,:or - 93,725
Add: $5,175
Total: i1O53IL0O
Not Ingluded:
Constructlon ln frozen conditions or conditions detrimenbl to quality
Overtime or accelerated schedule
Submitted By:
Franz Wifte Landscape Contracting, Inc.
4rfiwr?ll. O '
-..-..._
Andrew M. Gates
Estimator
Meridian City Council Meeting Agenda September 18, 2018 – Page 183 of 385
${ruf,rE ffigvfifrltl ilo{,RE!OUnCI!'ooIBlt{Y
5450 W. Gowen Road
Bolse, lD 8:1709
(208) 362.6rs2
(208) 362-6t99 FA)(
Southem ldaho Divlslon
July 11, 2018
Erandon Bylngton
Krelzenbeck Constructors
7L724 West Execudve Drlve
Bolse, lD 83713
Subject: South Merldlan Reglonal park
Re: ASI 12 Playground Retalntng Wa[ Modlficailons
Dear Brandon,
Below is a cost breakdown forA5t 12 we recelved onl6ltg.
I LS &srvetg place plt Run and Brclcffll Wr[ e i gl,4tt.00
The total addltional cost for thls work ls $1,41E.(n. Please review these ltems and let me know lf you haveany questlons,
Sincerely,
Jeff Korsen
Project Manager
Storm Drain.
Addltlon:
Meridian City Council Meeting Agenda September 18, 2018 – Page 184 of 385
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DATE:
TO:
PROJECT:
July 10, 2018
Kreizenbeck Constructors
South Meridian Regional pa*
Provide labor, materlals, and equipment to comptete the following items of work, per ptans
and specs dated 07.06.2018:
Boulder Walls
. Labor - 9550
r Equlpment - $400
. Subcontractor - $1,675
Total: S2J254O
Not fncluded:
constructlon ln frozen condftions or condltions dehlmental to quallty
Overtime or accelerated schedule
Submitted By:
Franz Wtte Landscape Contracting, Inc.
rtiln*710, ?a*t-
Andrew M, Gates
Estimator
Meridian City Council Meeting Agenda September 18, 2018 – Page 185 of 385
City Of Meridian
Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra
5200 - Parks - Admin
07 - Impact Fund
From 10/1/2017 Through 9/30/2018
Amendments
Budget with
Actual
Current Year
Remaining
Budget
Remaining
Budget
Percent of
Capital Outlay
96927 Discovery Park
10121 Discovery Park 920,526.72 252,064.41 668,462.31 72.62%
Total Capital Outlay 920,526.72 252,064.41 668,462.31 72.62%
TOTAL EXPENDITURES 920,526.72 252,064.41 668,462.31 72.62%
Date: 8/28/18 12:52:05 PM Page: 1Meridian City Council Meeting Agenda September 18, 2018 – Page 186 of 385
City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 6Q
Project File Number:
Item Title: Award of RFQ and Approval of Master Agrement
Award of RFQ and Approval Master Agreement for "CONCRETE
CONSTRUCTION SERVICES — PROJECTS UNDER $50K" to BriCon,
Inc.
Meeting Notes:
U✓ A P P R
6��,
I TEM SHEET
C ouncil Agenda I tem - 5.Q.
Presenter: Consent
Estimated Time f or P resentation: Consent
Title of I tem - Award of RF Q and Approval M aster Agreement for “C O NC RE T E
C O NS T RUC T IO N S E RV IC E S – P RO J E C T S UND E R $50K ” to BriC on, Inc.
C ouncil Notes:
T his is a new process for the City. I t is in response to the new dollar limits allowed per S tate S tatute.
I ran this by L egal prior to proceeding and it has been conf irmed that it complies with the new S tate
requirements.
AT TAC HM E NT S:
Description Type Upload D ate
Council Memo Cover Memo 9/12/2018
Contract C hecklist Cover Memo 9/12/2018
Master A greement Cover Memo 9/12/2018
B riCon P W L icense Cover Memo 9/12/2018
I nsurance C ert Cover Memo 9/12/2018
RE V I E WE RS :
Department Reviewer Action D ate
F inance.J ohnson, Chris Approved 9/13/2018 - 9:40 A M
F inance.B aird, Ted Approved 9/13/2018 - 10:55 A M
Meridian City Council Meeting Agenda September 18, 2018 – Page 187 of 385
Page 1
Memo
To: C. Jay Coles, City Clerk
From: Keith Watts, Purchasing Manager
CC: Mike Barton
Date: 9/12/2018
Re: September 18th City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
September 18th City Council Consent Agenda for Council’s consideration.
Award of RFQ and Approval Master Agreement for “CONCRETE CONSTRUCTION
SERVICES – PROJECTS UNDER $50K” to BriCon, Inc.
Recommended Council Action: Approval of Concrete Construction Master
Agreement to BriCon, Inc. and authorize Purchasing Manager to sign.
Thank you for your consideration.
City of Meridian
Purchasing Dept.
Meridian City Council Meeting Agenda September 18, 2018 – Page 188 of 385
CONTRACT CHECKLIST
Date: REQUESTING DEPARTMENT
Project Name:
Project Manager: Contract Amount:
Contractor/Consultant/Design Engineer:
Is this a change order? Yes No Change Order No.
Fund: Budget Available ( Purchasing attach report ):
Department Yes No Construction
GL Account FY Budget: Task Order
Project Number: Enhancement: Yes No Professional Service
Equipment
Will the project cross fiscal years? Yes No Grant
Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded)
Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach
Master Agreement Category
(Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved:
Typical Award Yes No
If no please state circumstances and conclusion:
Date Award Posted: 7 day protest period ends:
PW License Expiration Date: Corporation Status
Insurance Certificates Received (Date): Expiration Date: Rating: A++
Payment and Performance Bonds Received (Date): Rating: N/A
Builders Risk Ins. Req'd: Yes No
(Only applicabale for projects above $1,000,000)
Reason Consultant Selected 1 Performance on past projects
Check all that apply Quality of work On Budget
On Time Accuracy of Construction Est
2 Qualified Personnel
3 Availability of personnel
4 Local of personnel
Description of negotiation process and fee evaluation:
Date Submitted to Clerk for Agenda: By:
Purchase Order No.: Date Issued: WH5 submitted
(Only for PW Construction Projects)
NTP Date:
Contract Request Checklist.5.24.2016.Final
$0 Mike Barton
If yes, has policy been purchased?
BriCon, Inc.
III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete)
N/A
N/A
N/A
N/A
TASK ORDER RFP / RFQ BID
Legal prior to proceeding and it has been confirmed that it complies with the new State requirements.
VII. TASK ORDER SELECTION (Project Manager to Complete)
N/A
Award based on Low Bid Highest Ranked Vendor Selected
VIII. AWARD INFORMATION
Approval Date
Enter Supervisor Name Date Approved
N/A
September 12, 2018
N/A N/A N/A
I. PROJECT INFORMATION
9/12/2018 8/1/2019
N/A
N/A
9/12/2018 PARKS
MASTER AGREEMENT FOR CONCRETE CONSTRUCTION
V. BASIS OF AWARD
8/21/2018 August 28, 2018
IV. GRANT INFORMATION - to be completed only on Grant funded projects
VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION
This is a new process for the City. It is in response to the new dollar limits allowed per State Statute. I ran this by
N/A N/A N/A N/A
Goodstanding PWC-C-11823 7/31/2019
Meridian City Council Meeting Agenda September 18, 2018 – Page 189 of 385
MASTER AGREEMENT
FOB
CONSTRUCTION SERVICES . PROJECTS UNDER $5O,OOO
(coNcRETE)
INTRODUCTION
Whereas, the City has a need for Concrete Construction Services to be
defined by individual Task Orders / Purchase Orders which will set forth Specific
Services, Time of Performance and Payment; and
WHEREAS, the CONTRACTOR is specially trained, experienced and
competent to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration ol the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1.'1 Upon execution of this Master Agreement AND any associated Task Orde(s)
/ Purchase Orders and receipt of the City's written notice to proceed, Contractor
shall comply in all respects and perform and furnish to the City, all services listed in
any corresponding task order(s) incorporated herein by this reference, togetherwith
any amendments that may be agreed to in writing by the parties.
1.2 The CONTRACTOR shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable federal,
state and city laws, ordinances, regulations and resolutions. The CONTRACTOR
represents and warrants that it will perform its work in accordance with generally
accepted industry standards and practices for the profession or professions that are
used in performance of this Agreement and resulting task orde(s) in effect at the
time of performance of this Agreement and associated task orde(s).
1.3 Services and work provided by the CONTRACTOR at the City's request
under this Agreement will be performed in a timely manner in accordance wiih a
Task Order, which the parties herelo shall agree to.
MASTER AGREEI\,4ENT FOR CONCRETE CONSTRUCTION SERVICES UNDER $5O,OOO page 1 ot 9
THIS AGBEEMENT FOR CONSTRUCTION SERVICES shall become effective
Month Day, 2018, between the City of Meridian, a municipal corporation organized
under the laws of the State of ldaho, hereinafter referred to as "C|TY", 33 East
Broadway Avenue, lVleridian, ldaho 83642, and Brioon. lnc., hereinafter referred to as
"CONTRACTOR", whose business address is 7244 Ustick Rd. Nampa. lD 83687.
1. Scope ol Services:
Meridian City Council Meeting Agenda September 18, 2018 – Page 190 of 385
2.1 The CONTRACTOR shall perform the services for a Not-TO-Exceed total fee
as outlined in the corresponding Task Order/Purchase Order.
2.2 The CONTRACTOR shall provide the City with a monthly statement, as
services warrant, of fees earned and costs incurred for services provided during the
billing period, which the City will pay within 30 days of receipt of a correct invoice
and approval by the City. The City will not withhold any Federal or State income
taxes or Social Security Tax from any payment made by City to CONTRACTOR
under the terms and conditions of this Agreement. Payment of all taxes and other
assessments on such sums is the sole responsibility of CONTRACTOR.
2.3 Except as expressly provided in this Agreement and corresponding Task
Orders, CONTRACTOR shall not be entitled to receive from the City any additional
consideration, compensation, salary, wages, or other type of remuneration.
3. Time of Performance:
This agreement shall become eflective upon execution by both parties, and shall be
in effect for a three (3) year period expiring on September 30,2021 , unless sooner
terminated in writing.
4. lndependentContractor:
4.1 ln all matters pertaining to this agreement, CONTRACTOR shall be acting as
an independent contractor, and neither CONTRACTOR nor any officer, employee or
agent of CONTRACTOR will be deemed an employee of CITY. Contractor has no
authority or responsibility to exercise any rights or power vested in the City and
therefore has no authority to bind or incur any obligation on behalf of the City.
4.2 Contractor, its agents, officers, and employees are and at alltimes during the
term of this Agreement shall represent and conduct themselves as independent
contractors and not as employees of the City.
4.3 Contractor shall determine the method, details and means of performing the
work and services to be provided by Contractor under this Agreement. Contractor
shall be responsible to City only for the requirements and results specified in this
Agreement and, except as expressly provided in this Agreement, shall not be
subjected to City's control with respect to the physical action or activities of
Contractor in f ulfillment of this Agreement. lf in the performance of this Agreement
any third persons are employed by Contractor, such persons shall be entirely and
exclusively under the direction and supervision and control of the Contractor.
4.4 Contractor shall require that all of its sub-contractors be licensed per State ol
ldaho Statute Title 54, ChaPter 19.
I\,4ASTER AGREEMENT FOR CONCRETE CONSTRUCTION SERVICES UNDER $5O,OOO page 2 of I
2. Consideration
Meridian City Council Meeting Agenda September 18, 2018 – Page 191 of 385
5 Sub-Contractors
Contractor shall require that all of its sub-contractors be licensed per State of ldaho
Statute Title 54, Chapter 19.
6. Employment o, Bona Fide ldaho Residents:
Contractor must comply with ldaho State Statute 44-1002 which states that the
Contractor employ ninety-five percent (95%) bona fide ldaho residents as
employees on any job under any such contract, except where the Contractor
employs fifty (50) or less persons, the Contractor may employ ten percent (10%)
nonresidents, provided, however, in all cases employers must give preference to
the employment of bona fide residents in the performance of said work,.
7. lndemnilication and lnsurance:
7.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's
elected officials, officers, employees, agents, and volunteers from and for any and
all losses, claims, actions, judgments for damages, or injury to persons or property
and losses and expenses and other costs including litigation costs and attorney's
fees, arising out of, resulting from, or in connection with the performance of this
Agreement by the CONTRACTOR, its servants, agents, officers, employees,
guests, and business invitees, and not caused by or arising out of the tortious
conduct of CITY or its employees. CONTRACTOR shall maintain. and specificallv
aqrees that it will maintain, throuohout the term of this Aqreement, liability
insurance, in which the CITY shall be named an additional insured in the minimum
amounts as follow: General Liabil ity One Million Dollars ($ 1 ,000,000) per incident or
occurrence, Automobile Liability lnsurance One Million Dollars ($1,000,000) per
incident or occurrence and Worters' Compensation lnsurance, in the statutory limits
as required by law.. The limits of insurance shall not be deemed a limitation of the
covenanls to indemnify and save and hold harmless CITY; and if CITY becomes
liable for an amount in excess of the insurance limils, herein provided,
CONTRACTOR covenants and agrees to indemnify and save and hold harmless
CITY from and for all such losses, claims, actions, or judgments for damages or
injury to persons or property and other costs, including litigation costs and attorneys'
fees, arising out of, resulting from , or in connection with the performance of this
Agreement by the Contractor or Contractor's officers, employs, agents,
representatives or subcontraclors and resulting in or attributable to personal injury,
death, or damage or destruction to tangible or intangible property, including use of.
CONTRACTOR shall provide CITY with a Certificate of lnsurance, or other proof of
insurance evidencing CONTRACTOR'S compliance with the requirements of this
paragraph and file such proof of insurance with the CITY at least ten (10) days prior
to the date Contractor begins performance of its obligations under this Agreement.ln the evenl the insurance minimums are changed, CONTRACTOR shall
immediately submit proof of compliance with the changed limits. Evidence of all
insurance shall be submitted to the City Purchasing Agent with a copy to Meridian
City Accounting, 33 East Broadway Avenue, Meridian, ldaho g3642.
MASTER AGREEI\,4ENT FOR CONCRETE CONSTRUCTION SERVICES UNDER $5O,OOO page 3 ot 9
Meridian City Council Meeting Agenda September 18, 2018 – Page 192 of 385
7.2 lnsurance is to be placed with an ldaho admitted insurer with a Best's rating
of no less than A-.
7.3 Any deductibles, self-insured retention, or named insureds must be declared
in writing and approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles, self-insured retenlions or named
insureds; or the Contractor shall provide a bond, cash or letter of credit
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
7.4 To the extent of the indemnity in this contract, Contractor's lnsurance
coverage shall be primary insurance regarding the City's elected officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by the City
or the City's elected off icers, officials, employees and volunteers shall be excess of
the Contractols insurance and shall not contribute with Contractor's insurance
except as to the extent of City's negligence.
7.5 The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except wilh respect to the limits of the
insurels liability.
7.6 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
7.7 The limits of insurance described herein shall not limit the liability ol the
Contractor and Contractor's agents, representatives, employees or subcontractors.
8. Bonds:
Payment and Performance Bonds shall be required on all PublicWorks Projects per
the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the
ISPWC, which by this reference are made a part hereof . For projects that qualify,
Contractor is required to furnish faithful performance and payment bonds in the
amount of 100% of the contract price issued by surety licensed to do business in
the State of ldaho. ln the event that the contract is subsequently terminated lor
failure to perform, the contractor and/or surety will be liable and assessed for any
and all costs for the re-procurement of the contract services
9 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
Purchasing Manager
33 E. Broadway Avenue
Meridian, ldaho 83642
IVIASTER AGREEMENT FOB CONCRETE CONSTRUCTION SERVICES UNDER $5O,OOO page 4 of 9
Meridian City Council Meeting Agenda September 18, 2018 – Page 193 of 385
't 0.
11.
12.
13.
BriCon, lnc
Attn: Ir/ark C. Brice
7244 Ustick Rd.
Namoa. lD 83687
208-888-3746
bricon l @msn.com
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.
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.
Warranty: All construction and equipment provided under this agreemenl shall be
warranted for 2 years from the date of the City of Meridian acceptance per the
ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC
and any modifications, which by this reference are made a part hereof.
All items found to be defective during a warranty inspection and subsequently
corrected will require an additional two (2) year warranty from the date of City's
acceptance of the corrected work.
Taxes: The City of is exempt from Federal and State taxes and will execute the
required exemption certificates for items purchased and used by the City. ltems
purchased by the City and used by a contractor are subject to Use Tax. All other
taxes are the responsibility of the Contractor and are to be included in the
Contractor's Bid pricing.
Assignment: lt is expressly agreed and understood by the parties hereto, that
CONTRACTOR 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.
14. MeridianStormwaterSpecifications:
All construction projects require either a Storm Water Pollution Prevention Plan
(SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of
Meridian Construction Stormwater [\/anagement Program (CSWMP) manual. The
CSWMP manual containing the procedures and guidelines can be found at this
address:n x?id= 1361noenvtnm
Contractor shall retain all stormwater and erosion control documentatlon generated
on site during construction including the swppp manual, field inspeciions and
I\,4ASTER AGHEEMENT FOH CONCRETE coNSTRUcTIoN SERVICES UNDER $5o,ooo page 5 oI 9
Meridian City Council Meeting Agenda September 18, 2018 – Page 194 of 385
amendments. Prior to final acceptance of the job by the City the contractor shall
return the field SWPPP manual and field inspection documents to the City for
review. A completed Contractor Request to File Project N.O.T. with the EPA form
shall be provided to the City with the documents. These documents shall be
retained, reviewed and approved bythe City priorto final acceptance ofthe project.
15. ACHD:
When Required, Contractor shall be responsible for coordinating with the City to
obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or
penalties City incurs due to Contractor's violation of any ACHD policy. City shall
certify to ACHD that Contractor is authorized to obtain a Temporary Highway and
Right-of-Way Use Permit from ACHD on City's behalf . The parties acknowledge
and agree that the scope of the agency granted by such certification is limited to,
and conterminous with, the term and scope of this Agreement.
16. Equal Employment Opportunity:
ln performing the work herein, Contractor agrees to comply with the provisions of
Title Vl and Vll of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code
Section 2176. Specifically, the Contractor agrees not to discriminate against any
employee or applicant for employment because of race, color, religion, sex, national
origin, age, political affiliation, marital status, or handicap. Contractor will take
affirmative action during employment or training to insure that employees are
treated without regard to race, color, religion, sex, national origin, age, political
affiliation, marital status, or handicap. ln performing the Work required herein,
CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or
local law, rule or regulation against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
17. Reports and lnformation:
17.1 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.
17.2 CONTRACTOR shall maintain all writings, documents and records prepared
or compiled in connection with the performance of this Agreement for a minimum of
four (4) years from the termination or completion of this or Agreement. This
includes any handwriting, typewriting, printing, photo static, photographic and every
other means of recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
18.Audits and lnspections: 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 CONTRACTOR'S records with respect to all matters covered by
this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make
IVIASTER AGREEMENT FOR CONCBETE CONSTBUCTION SERVICES UNDER $5O,OOO page 6 of 9
Meridian City Council Meeting Agenda September 18, 2018 – Page 195 of 385
20
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.
19.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.
21.
Compliance with Laws: ln performing the scope of services required hereunder,
CONTRACTOR shall comply with all applicable laws, ordinances, and codes of
Federal, State, and local governments.
Public lnformation: Pursuant to ldaho Code Section 9-335, et seq., information or
documents received from the Contractor may be open to public inspection and
copying unless exempt from disclosure. The Contractor shall clearly designate
individual documents as "exempt" on each page of such documents and shall
indicate the basis for such exemption. The City will not accept the marking of an
entire document as exempt. ln addition, the City will not accept a legend or
statement on one (1) page that all, or substantially all, of the document is exempt
from disclosure. The Contractor shall indemnify and defend the City against all
liability, claims, damages, losses, expenses, actions, attorney fees and suits
whatsoever for honoring such a designation or for the Contractor's failure to
designate individual documents as exempl. The Contractor's failure to designate as
exempt any document or portion of a document that is released by the Cityshall
constitute a complete waiver of any and all claims for damages caused by any such
release.
22 Changes: The CITY may, from time to time, request changes in the Scope ol
Services to be performed hereunder. Such changes, including any increase or
decrease in the amount of CONTRACTOR'S compensation, which are mutually
agreed upon by and belween the CITY and CONTRACTOR, shall be incorporated
in written Task Orders to this Agreement.
Termination: The termination clauses listed below (Section 23. 1 through 23.3)
shall apply to this agreement and any resulting task order written in conjunction with
this agreement.
23
23.1 lf , through any cause, CONTRACTOR, its officers, employees, or agents fails
to f ulf ill in a timely and proper manner its obligations under thrs Agreement, violates
any of the covenants, agreements, or sttpulations of this Agreement, falsifies any
record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any olher act of misconduct in the performance of this
contracl, or if the city council determines that termination of this Agreement is in
the best interest of clrY, the clrY shall thereupon have the right tolerminate this
Agreement by giving written notice to coNTRACToR of suth termination and
specifying the eflective date thereof at least fifteen (i 5) days before the effective
MASTER AGREEMENT FOR CONCRETE CONSTRUCTION SERVICES UNDER $5O,OOO PAgE 7 Of 9
Meridian City Council Meeting Agenda September 18, 2018 – Page 196 of 385
date of such termination. CONTRACTOR may terminate this agreement at any time
by giving at least sixty (60) days notice to CITY.
23.2 ln the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONTRACTOR under this Agreement
shall, at the option of the CITY, become its property, and CONTRACTOR shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
23.3 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to
the CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by CONTRACTOR, and the CITY may withhold any payments to
CONTRACTOR for the purposes of set-off until such time as the exact amount of
damages due the CITY from CONTRACTOR is determined. This provision shall
survive the termination of this agreement and shall not relieve CONTRACTOR of its
liability to the CITY for damages.
Construction and Severability: lf 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.
Advice of Attorney: Each party warrants and represenls that in executing this
Agreement. lt has received independent legal advice from its attorney's or the
opportunity to seek such advice.
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.
Resulting Task Orders, Purchase Orders and Survival: All Task Orders and
Purchase Orders resulting from this lvlaster Agreement and executed by both
parties during the term of this Master Agreement will be bound to the terms and
conditions of the Master Agreement until all tasks are completed and accepled by
the City whelher or not the Master Agreement is terminated or unless tasks are
canceled via a change order.
Removal of Unsatisfactory Employees: The Contractor shall only furnish
employees who are competent and skilled for work under this contract. lf, in the
opinion of the City, an employee of the Contractor is incompetent or disorderly,
refuses to perform in accordance with the terms and conditions of the contract,
threatens or uses abusive language while on City property, or is otherwise
unsatisfactory, that employee shall be removed from all work under this contract.
Cleanup: Contractor shall keep the worksite clean and free from debris. At
compleiion of work and prior to requesting linal inspection, the Contractor shall
remove all traces of waste materials and debris resulting from the work. Final
payment will not be made if cleanup has not been performed.
24.
25.
26.
27.
28.
29.
MASTER AGREEMENT FOR CONCRETE CONSTRUCTION SERVICES UNDER $5O,OOO page 8 of I
Meridian City Council Meeting Agenda September 18, 2018 – Page 197 of 385
30. 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.
31. Approval Required: This Agreement shall not become effective or binding until
approved by the City of Meridian.
CITY OF MERIDIAN BRICON, INC.
BY: BY:
KEITH WATTS, Purchasing Manager
Dated: Dated: 9/11/18
Department Approval Approved by Council: 1 >1
BY:
MIKE BARTON, Park Superintendent Attest:
f
Dated:: C.JAY 9LES, I CL�E<K
Approved as to Form
CITY ATTORNEY
MASTER AGREEMENT FOR CONCRETE CONSTRUCTION SERVICES UNDER $50,000 page 9 of 9
Meridian City Council Meeting Agenda September 18, 2018 – Page 199 of 385
ac:onif oarE (r[/oorYYYt')
942/2018
THIS CERTIFICATE IS ISSUEO AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDEO BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, ANO THE CERTIFICATE HOLOER,
IMPORTANT: lI the certificate holder is an AODITIONAL INSURED, the policy(ies) must bo endors6d. lf SUBROGATION lS WAIVEO, subject to
the t6rms and conditions of the policy, certain policles may require an ondorsemEnl. A slalemont on this certificato doss nol confor rights to the
cqrtiticate holder in lieu of such endorsement(s).
Flhriman losurance
9603 W Chinden Blvd
Boisc ID 81714
XA E:
(208) 127-3400 (208) 327 -3462
j0@tuhrimanins.com
INSURER(S) AFFOROING COVERAGE
[{suRER A: AUto Owners Insuran€e IU9lrti
Nampa ID 8368?
INSURER B
INSURER C
GERTIFICATE OF LIABILITY INSURANCE
CERTIFICATE NUMBERCOVERAGES REVISION NUMEER:
THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTEO BELOW HAVE EEEN ISSUED TO THE INSURED NAMEO AAOVE FOR THE POLICY PERIOD
INOICATED, NOTWTHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT wlTH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES OESCRIAED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIO CLAIMS,
tNs0 ltMtTs
x COMMERCIAL GENERAL LIAAILIIY
CLAIMS-MAOE x
G€N'L AGGREGATE LIMITAPPLIES PER:
x
OTBERI
E5l& E.*
57525403 08/0t/2018 0lt/01/2019
EACH OCCURRENCE s 1.000.000
PREMISES (Ea occuronco)s 50.000
ME0 EXP (Any @o p€rs)s 5.000
PERSONAL A AOV INJURY S 1.000.000
GFNFRAL AGGRFGATE S
PROOUCTS, COMP/OP
^GG
s 2.000,000
5
AUTOMO6ILE LIABITITY
AUTOS
HIREDAUTOS
x SCHEOULEO
AUTOS
NON.OWNED
AUTOSxx
5 I,000,000
5
BO0ILY INJURY (Per a6dsnt)S
s
S
EXCESS LhA
OCCUR S
AGGREGATE S
oEo RETENTIONS S
IVORKERS COI{PENSAIION
A DE PLOYERS' LIABILIT
ANY PROPRIETOR/PARTNER,/EXECUTIVE
OFFICEF'MEMBER EXCLIJOEO?
0ESCRIPTION OF OPERATIONS b€ ow
STATUTE
E L. EACH ACCIOENI S
E,L, OISEASE. EA EMPLOYE€S
E,L. OISEASE. POLICY LIMIT S
Inslallation Floater 57525401 08/0li20l li 08/0r/20t 9
Limit
Deductible
s 30,000
500S
DESCRIPTION OF OPERATIONS/ IOCAITONS /VEHICLES (ACORO 101, Addrrlonll R.m..k. Sch.d!|., m.y b..tt.cn.d tldor. sp.c. t. roqst.d)
TE HOLOER LLATION
@ 1988.20r4 ACORD CORPORATION. All rights roservod
The ACORO namo and logo are registered marks ot ACORD
B"t
SHOULO ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLEO BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVEREO IN
ACCORDANCE wlTH THE POLICY PROVISIONSCity of Meridian
l3 E Broadway Ave, #106
I Mendiao lD 83642 /, /"a*.
AUTHORIZEO REPRESENTATIVE
ACORD 2s (2014/01)
Bncon Inc
7244 Ustick Road INSI'RER D :
INSI'RER E:
TYP€ OF INSURANCE
2.000.000
BOOTLY INJURY (P.r p.Bon)
4852540:t-00 08/01/20 t8 08/01/2019
tr
Meridian City Council Meeting Agenda September 18, 2018 – Page 200 of 385
ACORD*9 2/2018
THIS CERTIFICATE IS ISSUEO AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE OOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, ANO THE CERTIFICATE HOLDER,
IMPORTANT: lf the certificate holder is an ADDITIONAL INSUREO, the policy(i6s) must be endorsed. lf SUBROGATION lS WAIVED, subject to
the terms and conditions of the policy, certain policies may requiro an endorsemenl. A statement on this certitlcate does not confer rights to the
certificate holder in lieu oI such endorsement(s).
PROOUCER
Fufuiman lnsurance
9603 W Chinden Blvd
Uoise ID 83714
(208) 327-3400 (208) 127-r462
jo@fuhrimanins.com
INSUR€RIS) AFFOROING COVERAGE
tNsuRER A . Idaho slatc Insurance Fund 16t29
Bricon tn€
7244 Ustick Road
Namps ID 8J687
INSURER B
INSURER C
INSURER O
INSURER E
CERTIFICATE OF LIABILITY !NSURANCE
CERTIFICATE NUMBERCOVERAGES REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREO NAMEO ABOVE FOR THE POLICY PERIOO
INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERIV OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN, THE INSURANCE AFFOROED 8Y THE POLICIES OESCRIBEO HEREIN IS SUEJECT TO ALL TI.IE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SI.]OWN I\TAY HAVE BEEN REDUCED BY PAID CLAII\,{S.
TYPE OF INSURANCE
COM|lllERCIAL GENERAL LIABILIIY
CLA MS.MAOE
GEN'L AGGREGATE LIMII APPLIES PER]
JECT LOC
EACH OCC!RRENCE 5
PREMTSES (Ea M!trence)$
MEo ExP (Any o6 p66on)s
PERSONAL & AOV INJURY s
GENERAL AGGREGATE s
PROOUCTS. COIVP/OP AGG $
$
AUTOMOBILE LIABILITY
AUTOS
HIREOAUTOS
SCHEDULEO
NON-OWNEO
AUIOS
s
aODILY INJURY (P6rpe60.)s
BOoTLY NJURY (P€. acc'dsnt)$
$
S
EXCESS LIAB
OCCUR
CLAIMS.MAOE
EACH OCCURRENCE S
AGGREGATE S
OED RETENTION $S
9'ORKERS COiIPENSATION
ANO EMPLOYERS' LNAILiTY
ANY PROPRIEIOR/PA,RTNEFI,TEXECIJTIVE
CFFICER/MEMAER EXCLUOEO?
IESCRIPTION OF OPERAITONS be ow
6lEll6 t0/0ti20t'l I0l0 t/20 t8
x STATIJTE ER
E,L EACH ACC]OENT S I00.000
E L OISEASE. EA EMPLOYEE S 100,000
E L DISEASE. POL CY L MIT 5 500,000
DESCRIPTION OF OPERAIIoNS/ IOCATIONS /VEHTGLES (ACORO 1Ol, Addllional R.B.rt! Sch.dul., m.y b. lttrch.d ifmo,. sp:c. ts r€qutrd)
CERTIF OLDER TION
@ 1988-2014 ACORO CORPORATTON. AI rights reserved
The ACORO name and logo are regist.rsd marks of ACORD
SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WLL AE DELIVERED IN
ACCORDANCE WTH THE POLICY PROVISIONS,Ciry ofMeridian
33 E Broadway Ave, #106
I Meridian ID 83642 Q /"2.-*
AUTHORIZEO REPRESENTATIVE
ACORD 25 (2014/0t)
Meridian City Council Meeting Agenda September 18, 2018 – Page 201 of 385
City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 6R
Project File Number:
Item Title: Award of Agreement Renewal for Utility Billing Services
Award of Agreement Renewal for "UTILITY BILLING CUSTOMER
SERVICES" to Billing Document Specialists for the Not -To -Exceed
approved budget amount of $299,100.00.
Meeting Notes:
I TEM SHEET
C ouncil Agenda I tem - 5.R.
Presenter: Consent
Estimated Time f or P resentation: Consent
Title of I tem - Award of Agreement Renewal for “UT I L IT Y B I L L I NG C US T O M E R S E RV I C E S”
to Billing Document Specialists for the Not-To-E xceed approved budget amount of
$299,100.00.
C ouncil Notes:
AT TAC HM E NT S:
Description Type Upload D ate
Council Memo Cover Memo 9/12/2018
Contract C hecklist Cover Memo 9/12/2018
A greement A greements / C ontracts 9/13/2018
RE V I E WE RS :
Department Reviewer Action D ate
F inance.J ohnson, Chris Approved 9/13/2018 - 9:40 A M
F inance.B aird, Ted Approved 9/13/2018 - 11:16 A M
Meridian City Council Meeting Agenda September 18, 2018 – Page 202 of 385
Page 1
Memo
To: C. Jay Coles, City Clerk
From: Keith Watts, Purchasing Manager
CC: Karie Glenn
Date: 9/12/2018
Re: September 18th City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
September 18th City Council Consent Agenda for Council’s consideration.
Award of Agreement Renewal for “UTILITY BILLING CUSTOMER SERVICES” to
Billing Document Specialists for the Not-To-Exceed approved budget amount of
$299,100.00 .
Recommended Council Action: Approval of Agreement Renewal on a unit
price basis for the Not-To-Exceed budget amount of $299,100.00 and also
authorize Purchasing Manager to sign the Purchase Order for the Not-to-
Exceed amount of $299,100.00.
Thank you for your consideration.
City of Meridian
Purchasing Dept.
Meridian City Council Meeting Agenda September 18, 2018 – Page 203 of 385
CONTRACT CHECKLIST
Date: REQUESTING DEPARTMENT
Project Name:
Project Manager: Contract Amount:
Contractor/Consultant/Design Engineer:
Is this a change order? Yes No Change Order No.
Fund: Budget Available ( Purchasing attach report ):
Department Yes No Construction
GL Account FY Budget: Task Order
Project Number: Enhancement: Yes No Professional Service
Equipment
Will the project cross fiscal years? Yes No Grant
Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded)
Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach
Master Agreement Category
(Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved:
Typical Award Yes No
If no please state circumstances and conclusion:
Date Award Posted: 7 day protest period ends:
PW License Expiration Date: Corporation Status
Insurance Certificates Received (Date): Expiration Date: Rating:
Payment and Performance Bonds Received (Date): Rating:
Builders Risk Ins. Req'd: Yes No
(Only applicabale for projects above $1,000,000)
Reason Consultant Selected 1 Performance on past projects
Check all that apply Quality of work On Budget
On Time Accuracy of Construction Est
2 Qualified Personnel
3 Availability of personnel
4 Local of personnel
Description of negotiation process and fee evaluation:
Date Submitted to Clerk for Agenda: By:
Purchase Order No.: Date Issued: WH5 submitted
(Only for PW Construction Projects)
NTP Date:
Contract Request Checklist.5.24.2016.Final
$299,100 Karie Glenn
If yes, has policy been purchased?
Consultant - Billing Document Specialists (BDS)
III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete)
60
3300
Multiple
TASK ORDER
N/A
RFP / RFQ BID
VII. TASK ORDER SELECTION (Project Manager to Complete)
N/A
Award based on Low Bid Highest Ranked Vendor Selected
VIII. AWARD INFORMATION
Approval Date
Enter Supervisor Name Date Approved
Karie Glenn 9/12/2018
N/A
September 12, 2018 Council
19-0001 September 12, 2018 N/A
I. PROJECT INFORMATION
N/A
FY19
9/12/2018 Finance
BDS Agreement Renewal
V. BASIS OF AWARD
N/A N/A
IV. GRANT INFORMATION - to be completed only on Grant funded projects
VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION
N/A
N/A
N/A N/A N/A N/A
Current N/A N/A
Meridian City Council Meeting Agenda September 18, 2018 – Page 204 of 385
1
Pa
g
e
1
CUSTOMER SERVICE
AGREEMENT RENEWAL
with
City of Meridian
THIS AGREEMENT is made by and between BILLING DOCUMENT SPECIALISTS, hereafter referred to as BDS,
located at 915 Main Street, Suite 300, Caldwell, Idaho 83605, a corporation organized under the laws of the State of
Idaho and City of Meridian, hereafter referred to as CLIENT. This agreement shall be subject to the following outlined,
terms and conditions:
Summary of Services:
Statement
Processing
First Page 0.18 each Includes print, fold & Insert, # 10 Double window
& tinted # 9 return envelope
Additional Pages 0.13 each Merged like names or names & addresses to save
postage up to 7 pages per envelope
Manual Files 0.21 each merged mailings over 7 pages to flat envelopes
fast forwarding
5.50 -
7.50 Per Data File UPSP NCOA moved address changes, including update
reports and opt out options. Cost depending on file size
Postage 0.38 each average USPS postage at cost for all mailings
Lockbox Services:
Postings 0.10 per transaction Receive mail, open, scan, post to the web, electronically
deposit funds and create import file to A/R
Web postings 0.01 each Post pdf images of the billing statements to the BDS
Meridian City Council Meeting Agenda September 18, 2018 – Page 205 of 385
2
Pa
g
e
2
Admin Web site / on line payment site.
On line bank check 0.15 per transaction Set up programming with each processor to receive
data files of transactions, previously received as
paper checks, processor then ACH deposits the fund
direct to the Bank.
Shredding 10.00 month BDS has all checks and documents shredded per
regulations.
P O Box Rental at cost 6 month rental on UPSP P O Box for receipt of payments
Maintenance 150.00 month Maintenance for on line web and OTC payment
solutions.
Processor Fees Gravity will invoice the City direct to all processing
fees for Credit Cards.
Profit Stars / Jack Henry Associates will bill the
City direct for all check processing fees. BDS will
be the direct customer service link to these processors.
Meridian City Council Meeting Agenda September 18, 2018 – Page 206 of 385
Bos
BILLING DOCUMENT SPECIALISTS
LOCKBOX SERVICES: BDS agrees that there are no changes in the lockbox services from the previously dated contracts for the period of this agreement.
This agreement is subject to the terms and conditions of the original agreement dated 10/01/2006.
By signing below the Client will accept the extension of the services as detailed for the next fiscal year October 1, 2018
to September 30, 2019 at the unit pricing proposed in this notice. At the end of this period, the agreement may be
renewed with reviews by both parties. The agreement may be terminated by either party with 120 day written notice.
The signatures below indicate acceptance of the agreement.
Acceptance for:
City of Meridian
Signature
Date g•la'20 h3
Please Type or Print Authorizingarty Name
'ro, Mmy & LJ&rck
Acceptance for:
Billing Document Specialists
)1i._�
--
Date: 08/01/2018
1 ,
PRODUCTS h SERVICM
Good fer mu. Good for Id]M1a
W
Inbound Set up with Credit Card
Payments
N/C N/C
IVR Automated phone payments
BDS will program a dedicated phone number for Client's customers to call
Inbound (VPS )
to check balances, leave messages and or make credit card payments. This
Per call for balances and messaging
is a touch activated system. Import files and posting of payment
without payment transactions
$0.25 $0.25
to the Admin Web Site details by customer search and reporting the same
as all other payment services.
Per call payment transaction
Client are passing on the per transaction fee to the customers, BDS
!$.75F$35Some
advised the user that the fee will apply and totals the amount due. The
fees
are separated from the payments in the import file so that only the amount
due is post to the account.
LOCKBOX SERVICES: BDS agrees that there are no changes in the lockbox services from the previously dated contracts for the period of this agreement.
This agreement is subject to the terms and conditions of the original agreement dated 10/01/2006.
By signing below the Client will accept the extension of the services as detailed for the next fiscal year October 1, 2018
to September 30, 2019 at the unit pricing proposed in this notice. At the end of this period, the agreement may be
renewed with reviews by both parties. The agreement may be terminated by either party with 120 day written notice.
The signatures below indicate acceptance of the agreement.
Acceptance for:
City of Meridian
Signature
Date g•la'20 h3
Please Type or Print Authorizingarty Name
'ro, Mmy & LJ&rck
Acceptance for:
Billing Document Specialists
)1i._�
--
Date: 08/01/2018
1 ,
PRODUCTS h SERVICM
Good fer mu. Good for Id]M1a
W
City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 6S
Project File Number:
Item Title: AP Invoices for Payment
AP Invoices for Payment - $2,218,463.44
Meeting Notes:
I TEM SHEET
C ouncil Agenda I tem - 5.S .
Presenter:
Estimated Time f or P resentation:
Title of I tem - AP Invoices for P ayment - $2,218,463.44
C ouncil Notes:
AT TAC HM E NT S:
Description Type Upload D ate
I nvoices for Payment B ackup Material 9/13/2018
RE V I E WE RS :
Department Reviewer Action D ate
F inance.Coles, C.J ay Approved 9/13/2018 - 3:06 P M
Meridian City Council Meeting Agenda September 18, 2018 – Page 208 of 385
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
01 General Fund A-CORE OF BOISE, INC.Homecourt core drilling regarding moisture issue 220.00
01 General Fund ACROSS THE STREET PRODUCTIONS 220/50 hour on-line training program, Nelson 346.50
01 General Fund ADA COUNTY PROSECUTOR DR#17-8395, 15% of cash awarded, CR#30848,
CR18-382 5/31/18
594.15
01 General Fund AMAZING ATHLETES instructor fee - Amazing Athletes 7/17-8/21/18 - qty 9 432.00
01 General Fund ANDREW'S UPHOLSTERY 220/repair seat in BC31, MF027 320.00
01 General Fund ASSOC OF CERTIFIED FRAUD
EXAMINERS
ADFE Membership for C. Fawley 9/1/18-8/31/19 225.00
01 General Fund BATTERIES PLUS Batteries for Patrol Equipment 86.40
01 General Fund BILL SCHULER Per Diem: W. Schuler, NFA Course, Emmistburg MD,442.50
01 General Fund BOISE MOBILE EQUIPMENT, INC Cover Holes inDriver Seat Unit# 151 & 155 400.00
01 General Fund BRIGHT IDEAS LIGHTING COMPANY lighting repairs to Storey Park Mo Brooks Field 89.00
01 General Fund CABLE ONE 220/Internet & wifi for Fire Safety Center 98.53
01 General Fund CANYON TRUCK UPFITTERS trailer brake controller for fleet truck 2 115.60
01 General Fund CAREER UNIFORMS 2 long sleeve shirt for Bill Young 39.80
01 General Fund CARPENTER SCREEN PRINTING 2018 Red Eye Tournament Champion shirts - qty 8 93.60
01 General Fund CARPENTER SCREEN PRINTING 2018 Red Eye Tourney champion shirts - qty 29 296.55
01 General Fund CARPENTER SCREEN PRINTING 3v3 Basketball champion shirts - qty 10 79.50
01 General Fund CLOVERDALE PLUMBING COMPANY lower sink at Storey Park for ADA repair 208.59
01 General Fund CLOVERDALE PLUMBING COMPANY Storey Bark Park backflow repairs 229.16
01 General Fund COMMERCIAL TIRE 220/8 new tires, MF021, T-31 5,979.52
01 General Fund COMMERCIAL TIRE C14304 Taurus- LOF + replace back brake shoes 304.91
01 General Fund CYALUME TECHNOLOGIES INC SWAT x2 4in chemlight infrared 358.41
01 General Fund D & B SUPPLY Centennial Park bike station repair parts - qty 2 9.68
01 General Fund D & B SUPPLY Dog Food for K9 Wyatt 95.98
01 General Fund D & B SUPPLY Dog Poop Pail 24.38
01 General Fund D & B SUPPLY tubing & wing bolts for Toro sprayer repair - qty 14 9.06
01 General Fund DEVCO LLC.Refund: A-2018-0259, application withdrawn, Orig
CR18-517 8
160.00
01 General Fund DIAMOND CONTRACTORS LLC Blackstone Pathway Asphalt repair at Fuller Park 9,375.00
01 General Fund DIVERSIFIED SYSTEMS INC 220/Repair leak in air compressor, ST. 4 193.39
01 General Fund ELECTRICAL WHOLESALE SUPPLY CO 220/Connectors, plugs, building maintenance, ST. 2 64.57
01 General Fund ELECTRICAL WHOLESALE SUPPLY CO 220/credit for return lightbulb x3, Inv. #S4438050.001 (14.17)
01 General Fund ELECTRICAL WHOLESALE SUPPLY CO light sensor switch for Storey Park restroom building -
qty
85.53
01 General Fund ELECTRICAL WHOLESALE SUPPLY CO wire nuts & blank outlet covers for Gordon Harris Park
x 102
14.31
01 General Fund EMERGENCY RESPONDERS HEALTH
CENTER
18-0128 220/Fit for Duty physical, Bill Allen 500.00
01 General Fund EMILEE ANNE BRUGGER Traffic Box Art Wrap Award, E. Brugger 50.00
Date: 9/13/18 01:24:47 PM Page: 1Meridian City Council Meeting Agenda September 18, 2018 – Page 209 of 385
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
01 General Fund ENHANCED TELECOMMUNICATIONS review Kleiner security cameras for upgrades 145.50
01 General Fund ERS, EMERGENCY RESPONDER
SERVICES, INC.
18-0375 & 18-0160 Equipment & Labor to Build New
Unit
3,331.99
01 General Fund ESP PRINTING & MAILING remaining balance-2018 Fall Activity Guide mailing 849.39
01 General Fund FASTENAL COMPANY 220/ratchet tie down 25.00
01 General Fund FASTENAL COMPANY velcro for hook & loop at Lanark Parks Shop - qty 1 33.14
01 General Fund FIREFIGHTERS BOOKSTORE 220/8 Fire Officer, Principles & Practice books 759.73
01 General Fund FIREFIGHTERS BOOKSTORE 220/Qty 10 Pumping & Aerial Driver handbooks 706.58
01 General Fund GLOBAL KNOWLEDGE TRAINING Cisco Training for jBeehn 9/17/18 - 9/21/18 Hoffman
Estates,
3,595.00
01 General Fund GOODYEAR COMMERCIAL TIRE &
SERVICE CENTER
220/MF018, 2 new tires 1,153.28
01 General Fund H.D. FOWLER COMPANY credit on drip zone kit for Heroes Park - qty 1 (37.11)
01 General Fund H.D. FOWLER COMPANY irrigation parts for Tully Park - qty 25 8.00
01 General Fund H.D. FOWLER COMPANY sprinklers for various sites - qty 122 1,573.78
01 General Fund HOBSON FABRICATION CORP Try to Diagnose Intermittent Problem in Small
Class-PSTC
127.50
01 General Fund HOME DEPOT CREDIT SERVICES 220/2 packs staples, ST. 1 24.94
01 General Fund HOME DEPOT CREDIT SERVICES 220/paint for fire safety center 8.37
01 General Fund HOME DEPOT CREDIT SERVICES 220/shop supplies, St. 1, putty knife combo pk 2 5.94
01 General Fund HOME DEPOT CREDIT SERVICES key for Mo Brooks - qty 1 1.97
01 General Fund IDAHO POWER 2203586629, Street Lights Power August 2018 25,679.40
01 General Fund IDAHO PRESS-TRIBUNE 2018 Fall Activity Guide inserts & publication x 29,000
ea
5,157.17
01 General Fund IDAHO PROSECUTING ATTORNEYS
ASSOCIATION
2018 Criminal Code Books for PD x qnty 120 420.00
01 General Fund IDAHO STATESMAN ID Statesman 25 job pack 3,750.00
01 General Fund IDAHO VICTIM WITNESS ASSOC IVWA Membership Dues for D. Mersch 50.00
01 General Fund INTERSTATE ALL BATTERY CENTER 220/New battery for MF024 158.64
01 General Fund INTERSTATE ALL BATTERY CENTER Batteries for Remotes 47.00
01 General Fund INTERSTATE ALL BATTERY CENTER Battery Tender Terminal Connector Returned (11.00)
01 General Fund JAMIE MCGEHEE Traffic Box Art Wrap Award, C. McGehee, Northern
Nights
300.00
01 General Fund JOHNSON CONTROLS FIRE
PROTECTION LP
Fire Alarm System Service & Test After Repair 360.00
01 General Fund JOHNSON CONTROLS FIRE
PROTECTION LP
Repairs to Fire Alarm System @ PD Admin 6,369.00
01 General Fund KENDALL FORD OF MERIDIAN Battery for Unit # 166 139.95
01 General Fund L.N. CURTIS AND SONS 220/replacement battery for extrication equipment 553.29
01 General Fund LAKEVIEW GOLF COURSE instructor fee - Golf 7/31-8/17/18 - qty 9 540.00
Date: 9/13/18 01:24:47 PM Page: 2Meridian City Council Meeting Agenda September 18, 2018 – Page 210 of 385
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
01 General Fund LARSON-MILLER, INC Evidence Disposal 193.16
01 General Fund LAURA YAGER Traffic Box Art Wrap Award, L. Yager, In Good
Company
300.00
01 General Fund LAW ENFORCEMENT TARGETS INC Firearms Training Targets 51.74
01 General Fund LEA ELECTRIC, LLC.220/ LED Lighting swap out, St. 2 1,602.00
01 General Fund LEA ELECTRIC, LLC.220/LED lighting swap out, St. 4 1,602.00
01 General Fund LEA ELECTRIC, LLC.220/LED lighting swapout, St. 5 1,602.00
01 General Fund LOWE'S 220/2 pr pliers, litebulbs, Fire Safety Center 14.20
01 General Fund LOWE'S 220/Batteries and smoke alarms for smoke alarm
program
1,516.77
01 General Fund LOWE'S 220/paint & supplies for ST. 3 painting 59.05
01 General Fund LOWE'S 220/paint & supplies, ST. 3 150.35
01 General Fund LOWE'S 220/tubs for pub ed duck game & 8 ft ladder, & step
ladder
214.56
01 General Fund LOWE'S 220/wood, washers, screws, to build hose tray, litebulb 173.02
01 General Fund LOWE'S handheld torches for Lanark Parks Shop - qty 2 56.94
01 General Fund LOWE'S Pink marking paint for inspector 5.02
01 General Fund LOWE'S Refridgerator-Bldg Evo Project-2nd floor 303.10
01 General Fund M2M WIRELESS Parks Modem service 7/17/18 - 8/16/18 22 lines of
service
309.38
01 General Fund MCDOWELLS SPECIALTY REPAIRS Remove Rear Window Tint & Replace due to Bubbles 100.00
01 General Fund McU SPORTS floor tape for Homecourt bay 5 - qty 3 21.00
01 General Fund MERIDIAN CHAMBER of COMMERCE Leadership Meridian Tuition, M. Andrus 750.00
01 General Fund MIKE BARTON Per Diem, M. Barton, 2018 NRPA Conference,
Indianapolis IN,
243.00
01 General Fund MUNICIPAL EMERGENCY SVCS 220/repair SCBA gauge 242.00
01 General Fund MUNICIPAL EMERGENCY SVCS 220/SCBA repair, cylinder valve 44.55
01 General Fund NATIONAL LAW ENFORCEMENT SUPPLY Drug Test Kits 816.00
01 General Fund NESMITH BROTHERS TOWING Evidence Tow DR# 18-5589 75.00
01 General Fund NESMITH BROTHERS TOWING Serive Call for Flat Tire Unit # 161 75.00
01 General Fund OFFICE DEPOT, INC.11X17 paper + 10 task chairs-Building Evo FTE 1,685.50
01 General Fund OFFICE DEPOT, INC.16 garbage cans for plan review office-2nd floor 54.08
01 General Fund OFFICE DEPOT, INC.16 recycle cans for plan review offices 2nd floor 34.24
01 General Fund OFFICE DEPOT, INC.3 packs of linen paper 51.45
01 General Fund OFFICE DEPOT, INC.accordian file 14.01
01 General Fund OFFICE DEPOT, INC.Finance 'posted' stamps, ruled notebook 19.20
01 General Fund OFFICE DEPOT, INC.Finance Blue paper for AP 1ctn 48.60
01 General Fund OFFICE DEPOT, INC.Finance
pens,files,batteries,paper,toner,stamps,spons,badge
61.78
01 General Fund OFFICE DEPOT, INC.notary public stamp for R Myers - qty 1 41.39
Date: 9/13/18 01:24:47 PM Page: 3Meridian City Council Meeting Agenda September 18, 2018 – Page 211 of 385
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
01 General Fund OFFICE DEPOT, INC.paper & post-it notes 54.84
01 General Fund OFFICE DEPOT, INC.Post cards for public noticing qty 10 boxes; post its qty
5
100.00
01 General Fund OFFICE TEAM 18-0318 w/e 8/17 John Hale Contract labaor-records
retention
591.68
01 General Fund OFFICE TEAM 18-0318 w/e 8/24 John Hale-Contract Labor Records
Retention
453.01
01 General Fund OFFICE VALUE - MERIDIAN Label Tape for PD 35.22
01 General Fund OFFICE VALUE - MERIDIAN Office Supplies and Breakroom Supplies 368.62
01 General Fund OFFICE VALUE - MERIDIAN Paper, Folders, Highlighters, Paperclips & Office Chair 690.73
01 General Fund OFFICE VALUE - MERIDIAN Pens for PD 2 dz 18.08
01 General Fund OFFICE VALUE - MERIDIAN Pocket Note Books Returned Wrong Style (11.28)
01 General Fund OFFICE VALUE - MERIDIAN Return Address Stamp for PD 19.46
01 General Fund OFFICE VALUE - MERIDIAN Sharpie Pens for PD - 2 pk 12.88
01 General Fund OVERHEAD DOOR COMPANY 220/Service garage door, St. 1 95.00
01 General Fund OVERHEAD DOOR COMPANY East Sallyport Door Spring Box Replaced 135.28
01 General Fund OXARC, INC.220/3 medical oxygen cylinder refills 20.20
01 General Fund OXARC, INC.220/refill 5 medical oxygen cylinders 28.00
01 General Fund OXARC, INC.220/refill 8 oxygen cylinders 39.70
01 General Fund PAVEMENT SPECIALTIES OF IDAHO,
INC
fill cracks & restripe Settlers Park parking lot 6,635.00
01 General Fund PRIMARY WEAPONS SYSTEMS, INC.Firearm for PD Use 1,155.96
01 General Fund RED WING SHOES Steel Toe boots-Riley Orozco 195.49
01 General Fund REPCO MARKETING, INC.Intox Equipment-Mouthpieces for Lifeloc/Breathalizers 327.50
01 General Fund RICOH USA, INC C86172157, Lease & Additional Images Copier in
CID-Aug 2018
649.39
01 General Fund RICOH USA, INC Lease & Additional Images for Copier in CODE 120.71
01 General Fund RICOH USA, INC Lease & Additional Images for Copier in Patrol Aug
2018
531.72
01 General Fund RICOH USA, INC Lease & Additional Images for Copier in Records-Aug
2018
224.37
01 General Fund RICOH USA, INC Lease & Additional Images on PSTC Copier 288.41
01 General Fund S & S WORLDWIDE, INC.Camp Mer-Ida-Moo supplies - qty 12 227.88
01 General Fund SAFARILAND Low Roll Canisters 340.74
01 General Fund SAMUEL HENRY RODABAUGH Traffic Box Art Wrap Award, S. Rodeabaugh,100.00
01 General Fund SHAW SHOOTING INC.Firearms Instructor training x 10 officers, Hagerman
ID, 9/1
2,500.00
01 General Fund SHRED-IT USA, LLC.August 2018 HR shred it pick up 56.27
01 General Fund SHRED-IT USA, LLC.Shred PD Documents Aug 2018 242.55
Date: 9/13/18 01:24:47 PM Page: 4Meridian City Council Meeting Agenda September 18, 2018 – Page 212 of 385
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
01 General Fund SOUTHERN COMPUTER WAREHOUSE Netmotion Wireless NM MObility Premium Maintenance
(25%)
6,809.76
01 General Fund SOUTHERN COMPUTER WAREHOUSE Zagg Slim Book eKeyboard/Cover case for 10.5in iPad
Pro
81.49
01 General Fund SPECIALTY CONSTRUCTION SUPPLY ball field striping paint - qty 120 477.60
01 General Fund SPECIALTY CONSTRUCTION SUPPLY caution & survey tape for forestry - qty 4 18.54
01 General Fund SPECIALTY CONSTRUCTION SUPPLY cold patch for Chateau Park pathway repair - qty 2 37.00
01 General Fund SPECIALTY CONSTRUCTION SUPPLY striping paint & stringliner for fields - qty 25 124.26
01 General Fund STEVE SIDDOWAY Per Diem, S. Siddoway, 2018 NRPA Conference,
Indianapolis IN
243.00
01 General Fund SUNBELT RENTALS 220/Forlift rental to move training lumber & equip 203.60
01 General Fund SUNBELT RENTALS hot saw rental for Heroes Park 8/22/18 154.10
01 General Fund SUNBELT RENTALS plate compacter rental for Heroes Park 8/15-8/16/18 83.95
01 General Fund SYNCB/AMAZON 220/2 popup canopies for Public Education events 339.90
01 General Fund SYNCB/AMAZON 220/cc holder, 5 cam straps for wildland firefighting
equip
53.31
01 General Fund SYNCB/AMAZON 220/reflective tape for traveling trunks, Pub Ed 12.67
01 General Fund SYNCB/AMAZON 3 hole punch for HR 57.50
01 General Fund SYNCB/AMAZON 8 of :New iPad 5th/6th Generation, iPad 9.7
2018/2018 Case,
189.29
01 General Fund T-ZERS SHIRT SHOP 220/print 12 furnished wildland brush jackets 81.40
01 General Fund TATES RENTS (GENERAL OFFICE)jack hammer rental for Chateau Park ADA repairs
8/20/18
50.00
01 General Fund TATES RENTS (GENERAL OFFICE)jack hammer rental to remove Tully drinking fountain
for ADA
95.00
01 General Fund TATES RENTS (GENERAL OFFICE)propane for forklift 22.42
01 General Fund TATES RENTS (GENERAL OFFICE)rototiller for Heroes Park planter beds 8/22/18 82.00
01 General Fund THE BRYAN YAGER GROUP, LLC PO18-0401 Executive coaching july 2018 955.00
01 General Fund THE CAR PARK August 2018 Courthouse Parking 41.00
01 General Fund THE UPS STORE Postage to Mail Evidence to Lab 58.34
01 General Fund TREASURE VALLEY COFFEE Coffee for PSTC 77.90
01 General Fund TREASURE VALLEY COFFEE Coffee, Hot Chocolate, Cream,Sugar, Cups and Cooler
Rental
268.07
01 General Fund UNIFORMS 2 GEAR 220/uniform boots, A. Johnston 149.99
01 General Fund UNIFORMS 2 GEAR Credit for Shirt-wrong size - Stewart (71.37)
01 General Fund UNIFORMS 2 GEAR Pants Replaced due to damage on duty - Root 71.48
01 General Fund UNIFORMS 2 GEAR SRO Shirt x2 - Pele 170.64
01 General Fund UNIFORMS 2 GEAR Uniform Size Change - Stewart 71.37
01 General Fund VCI AUDIO ENTERTAINMENT pay #2 audio/visual services for Movie Night
7/20-8/31/18
2,800.00
Date: 9/13/18 01:24:47 PM Page: 5Meridian City Council Meeting Agenda September 18, 2018 – Page 213 of 385
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
01 General Fund WHITETAIL REAL ESTATE
PHOTOGRAPHY
HPC Historic Property 985 W McMillan Barn pictures
received
50.00
01 General Fund WILBUR-ELLIS CO.Drive XLR8, SuperSpread 7000, Roundup Pro for all
parks x 5
370.25
01 General Fund WILBUR-ELLIS CO.Meridian insecticide for all parks - qty 2 3,753.60
01 General Fund WILBUR-ELLIS CO.Meridian insecticide for all parks - qty 3 1,407.60
01 General Fund WW GRAINGER, INC 220/batteries & mineral spirits 30.84
01 General Fund WW GRAINGER, INC 220/ratchet puller, st. 4 equipment 247.21
01 General Fund WW GRAINGER, INC 220/recip saw blade 7.72
01 General Fund XEROX CORPORATION - PASADENA 220/copy charges for August 2018 525.97
01 General Fund XEROX CORPORATION - PASADENA MX4-506016 Xerox 7845 base 8/2018; click
7/23-8/21/18
431.99
Total 01 General Fund 126,765.79
07 Impact Fund BRIGHT IDEAS LIGHTING COMPANY construction camera download at Discovery Park 150.00
07 Impact Fund KNIFE RIVER 18-0232, Pay AP #6, BP1 Site Work South Meridian
Regional Pa
166,181.61
07 Impact Fund L.N. CURTIS AND SONS 18-0484 220/1 2.5 hydrant gate valve, E36 123.70
07 Impact Fund L.N. CURTIS AND SONS 18-0484 220/E-36 Equipment, chains, nozzles,mounts 4,417.80
07 Impact Fund L.N. CURTIS AND SONS 18-0484 220/E36 equip, 2.5 female swiv adapter qty 2 42.90
07 Impact Fund L.N. CURTIS AND SONS 18-0484 220/E36 equip, adapter,chock,dura crib tool
kit
1,527.95
07 Impact Fund L.N. CURTIS AND SONS 18-0484 220/E36 equip, chainsaw, mach saw, fire
exting
2,346.00
07 Impact Fund L.N. CURTIS AND SONS 18-0484 220/E36 equip, long handle sq pt shovel 17.30
07 Impact Fund L.N. CURTIS AND SONS 18-0484 220/E36 equip, Portable scene light with
charger
552.00
07 Impact Fund L.N. CURTIS AND SONS 18-0484 220/E36 equipment, probar, K-tool, adptr 947.35
07 Impact Fund RICE FERGUS MILLER INC 18-0501, Phase 2 of design services for Fire St. 6 65,739.44
07 Impact Fund SILVER CREEK SUPPLY mainline fittings for Discovery Park - qty 11 1,550.45
07 Impact Fund STEPHANIE INMAN 18-0341 Discovery Park sign/playground design pay #1 14,000.00
Total 07 Impact Fund 257,596.50
60 Enterprise Fund A COMPANY INC WRRF Expansion, Port Potty Contract, service
7/27-8/19/18
99.63
60 Enterprise Fund ANDREW'S UPHOLSTERY Vehicle Repair, Seat Repair C15079 362.25
60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 18-0031, IVR Phone Pmt Services 8/18 FY18 1,799.50
Date: 9/13/18 01:24:47 PM Page: 6Meridian City Council Meeting Agenda September 18, 2018 – Page 214 of 385
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 18-0032, Lockbox/Payment Processing Services 8/18
FY18
1,503.87
60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 18-0090, Delinquent Notices Services 8/18 FY18 1,152.36
60 Enterprise Fund BOISE MUFFLER vehicle repair, parts & labor of muffler, C15079 473.00
60 Enterprise Fund BONNEVILLE INDUSTRIAL SUPPLY Wasp & Hornet Spray Qty 24 128.40
60 Enterprise Fund BRETT ZOLLINGER & JAMIE SCHULTZ Refund: wat/sewer/trash, #04703909-02, 427 W.
Laughton Dr.
87.19
60 Enterprise Fund BRIAN & JILL LEE Refund: wat/sewer/trash, #05503016-02, 467 E.
Pasacana St.,
66.69
60 Enterprise Fund BROWN & CALDWELL 17-0118,WRRF Facility Plan Update, services
6/29-7/26/18
5,091.50
60 Enterprise Fund BROWN & CALDWELL 18-0065,WRRF Capacity Exp B&C services
6/29-7/26/18
35,033.58
60 Enterprise Fund CAMPING WORLD RV SALES Labor to repair AC unit on CCTV Van 2 1,197.50
60 Enterprise Fund CAREER UNIFORMS Clothing for JMahr & KWolford (5 qty)54.75
60 Enterprise Fund CARRIER CORP Service agreement for Admin bldg 8/1/18-10/31/18 409.50
60 Enterprise Fund CARRIER CORP Service agreement for chiller in Lab 7/1/18-9/301/18 753.00
60 Enterprise Fund CASEY LANE Refund: wat/sewer/trash, #44400506-01, 3747 S
McGuire Pl.,
26.00
60 Enterprise Fund CHARLES & MARILYN FELLOM Refund: wat/sewer/trash, #17332266-05, 2424 N.
Eureka Ave,
58.82
60 Enterprise Fund CIVIL SURVEY CONSULTANTS 17-0015, Water main replacement Carlton, service
8/1-8/31/18
968.00
60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY Parts to install electrical/controls for new mixer (114
qty)
1,522.14
60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY Zinc DC hub to install electrical/control on new mixer
(8)
38.85
60 Enterprise Fund CONTAINER & PACKAGING SUPPLY Sample bottles (200 qty)318.86
60 Enterprise Fund CORE & MAIN LP Brass Nipple Qt 8 9.92
60 Enterprise Fund CORE & MAIN LP Brass Nipple Qty 10 27.40
60 Enterprise Fund CORE & MAIN LP Brass Nipple Qty 12 97.92
60 Enterprise Fund CORE & MAIN LP Guide Gun Liner for Inverted Painting Qty 1 36.03
60 Enterprise Fund D & B SUPPLY 20inch Box Fan Qty 1 19.99
60 Enterprise Fund D & B SUPPLY Bug killer (2 qty)79.98
60 Enterprise Fund D & B SUPPLY Met Cutoff Wheel, Pear Head Ratchet Qty 2 47.69
60 Enterprise Fund D & B SUPPLY Propane torch & cylinders (3 qty)42.97
60 Enterprise Fund DAVID & LEANNA JENNER Refund: wat/sewer/trash, #13110403-03, 2620 N.
Tricia Way,
43.94
60 Enterprise Fund DAVID HEATON Reimburse D. Heaton, IBOL certification exam, 9/13/18 25.00
Date: 9/13/18 01:24:47 PM Page: 7Meridian City Council Meeting Agenda September 18, 2018 – Page 215 of 385
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
60 Enterprise Fund DICK A PRAEGITER Refund: wat/sewer/trash, #16313254-01, 1110 W.
Kingswood Ct.
55.24
60 Enterprise Fund DOREEN, RICHARD & JARRED HOLZ Refund: wat/sewer/trash, #44400606-02, 3643 S.
Springfield A
52.00
60 Enterprise Fund DOUGLAS & KIMBERLY UPHOFF Refund: wat/sewer/trash, #14145025-04, 3696 W.
Niemann Dr.,
49.38
60 Enterprise Fund ENDRESS + HAUSER, INC Transmitter w/60ft cable (2 qty)1,923.84
60 Enterprise Fund ENERGY LABORATORIES, INC Well 15, Reconstruction.Water Quality testing 8/22/18 732.00
60 Enterprise Fund ENVIRONMENTAL EXPRESS, INC.PTFE & PES syringe filters (4 pks)892.55
60 Enterprise Fund ERS, EMERGENCY RESPONDER
SERVICES, INC.
Labor & Install of ER Lighting C13732 1,999.00
60 Enterprise Fund ERS, EMERGENCY RESPONDER
SERVICES, INC.
Lights for new Inspection vehicle C20519 4,939.47
60 Enterprise Fund EXECUTRAIN OF IDAHO SQL Advanced class registration for NHowell 450.00
60 Enterprise Fund FASTENAL COMPANY Brass Hex Caps Qty 200 1,307.68
60 Enterprise Fund FASTENAL COMPANY Hydropellant gloves-size L (12 qty)39.40
60 Enterprise Fund FASTENAL COMPANY Parts to repair swival bolts on vactor hydrocleaner (41)8.79
60 Enterprise Fund FASTENAL COMPANY Safety glasses (14 qty)81.21
60 Enterprise Fund FERGUSON ENTERPRISES INC.Brass Adapter Thread Qty 3 62.60
60 Enterprise Fund FERGUSON ENTERPRISES INC.Ford meter Setter Qty 2 467.00
60 Enterprise Fund FERGUSON ENTERPRISES INC.Meter Flange Pack Qty 3 31.33
60 Enterprise Fund FERGUSON ENTERPRISES INC.Pipe Wrench Qty 2 50.98
60 Enterprise Fund FERGUSON ENTERPRISES INC.Pipe Wrench, M/HOle Cover Hook Qty 3 170.24
60 Enterprise Fund FERGUSON ENTERPRISES INC.Slip Valve Box Top Section Qty 4 77.76
60 Enterprise Fund FERGUSON ENTERPRISES INC.Tube & Hose CTTr Raptor, Alum Pipe Wrench Qty 1 11.64
60 Enterprise Fund FERGUSON ENTERPRISES INC.Valve gearbox for stock 404.00
60 Enterprise Fund FISHER SCIENTIFIC Buret 25ml & O-phosphoric acid (2 qty)271.65
60 Enterprise Fund FISHER SCIENTIFIC Nitrile gloves-size XL & latex gloves-size XL (3 pkgs)229.79
60 Enterprise Fund FISHER SCIENTIFIC pH probe 414.02
60 Enterprise Fund FISHER SCIENTIFIC Phenol reagent, refrigerator thermometer, buret 25ml 531.70
60 Enterprise Fund GERVASI FAMILY TRUST Refund: wat/sewer/trash, #24041446-04, 1331 N.
Clara Ave
26.08
60 Enterprise Fund GIESLER AUTO REPAIR Replace & Repair of Hub Assembley C15281 293.76
60 Enterprise Fund GREGG BARNEY EXCAVATION Well 33 Prep pad construction services 8/20/18 6,178.33
60 Enterprise Fund HACH COMPANY DO sensor cap (2 qty)291.75
60 Enterprise Fund HARRINGTON INDUSTRIAL PLASTICS PVDF Orifice Connector Qty 8 152.08
60 Enterprise Fund HOME DEPOT CREDIT SERVICES Diablo Cut off Wheel Qty 5 14.85
60 Enterprise Fund HOME DEPOT CREDIT SERVICES Screw Driver Set, Channel Locks Wrench Qty 8 130.39
60 Enterprise Fund HOME DEPOT CREDIT SERVICES Shelves plus Mr. Clean liquid 151.94
60 Enterprise Fund INTERSTATE ALL BATTERY CENTER C batteries-12 pk (2 pks)19.68
Date: 9/13/18 01:24:47 PM Page: 8Meridian City Council Meeting Agenda September 18, 2018 – Page 216 of 385
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
60 Enterprise Fund IRMINGER CONSTRUCTION 18-0369,Well 22 Treatment Construction service
7/21-8/20/18
141,193.56
60 Enterprise Fund JAMES & SALLY FIELD Refund: wat/sewer/trash, #2404134-02, 2630 W.
State St.
115.56
60 Enterprise Fund JASON KORN Per Diem, J. Korn, NORFMA Annual Conference,
Bellingham WA,
178.50
60 Enterprise Fund JAYME & CAROL TARBERT Refund: wat/sewer/trash, #12060502-02, 4626
N.Elisha Ave.,
41.09
60 Enterprise Fund JEFFREY CALLIS & KELLY DEERE Refund: wat/sewer/trash, #10100638-04, 4034 N.
Breeze Creek
115.79
60 Enterprise Fund JOHN TEMPLETON Refund: wat/sewer/trash, #10200004-02, 3812 N.
Morning Sky
62.53
60 Enterprise Fund JOSHUA & JOANNE HAZLETT Refund: wat/sewer/trash, #25950320-03, 4551 W.
Hearst Dr.,
74.29
60 Enterprise Fund JUB ENGINEERS 17-0021, 18-0385, Well 21 Treatment, service
4/29-6/2/18
18,724.95
60 Enterprise Fund JUB ENGINEERS 18-0245,Water Main Rep. W Idaho,Eng service
4/29-7/28/18
6,334.20
60 Enterprise Fund JUB ENGINEERS 18-0425, Blackcat lift Station engineering, service
4/29-7/2
8,762.69
60 Enterprise Fund JUB ENGINEERS 18-0437,Water Main Rep.,N Lark/Willowbrook
7/1-7/28/18
2,039.04
60 Enterprise Fund KELLER ASSOCIATES, INC.18-0456 QLPE Svcs 7-1-31/18 Bicentennial Farm#1-13
sheets
3,380.00
60 Enterprise Fund KELLER ASSOCIATES, INC.18-0456 QLPE Svcs 7/1-31/18 Bainbridge
Connection-2 sheets
520.00
60 Enterprise Fund KELLER ASSOCIATES, INC.18-0456 QLPE Svcs 7/1-31/18 Harper Ridge Sub#1-5
sheets
1,300.00
60 Enterprise Fund KELLER ASSOCIATES, INC.18-0456 QLPE Svcs 7/1-31/18 Oaks West #1; 8 sheets 2,080.00
60 Enterprise Fund KELLER ASSOCIATES, INC.18-0456 QLPE Svcs-7/1-31/18 Ambrose School
Phz6A-1 sheet
260.00
60 Enterprise Fund KELLER ASSOCIATES, INC.18-0456 QLPE Svcs-7/1-31/18 Bainbridge sub#8-4
sheets
1,040.00
60 Enterprise Fund KELLER ASSOCIATES, INC.18-0456 QLPE Svcs-7/1-31/18 Baindrige Hess#2-4
sheets
1,040.00
60 Enterprise Fund KELLER ASSOCIATES, INC.18-0456 QLPE Svcs-7/1-31/18 Bayside Capital-1 sheet 260.00
60 Enterprise Fund KELLER ASSOCIATES, INC.18-0456 QLPE Svcs-7/1-31/18 The Cottages-1 sheet 260.00
60 Enterprise Fund KELLER ASSOCIATES, INC.18-0456 QLPE Svcs-7/1-31/18 Weyam East Sub-2
sheet
520.00
60 Enterprise Fund KELLER ASSOCIATES, INC.18-0456 QLPE Svcs-Caven Ridge Est W#1-3 sheets 780.00
Date: 9/13/18 01:24:47 PM Page: 9Meridian City Council Meeting Agenda September 18, 2018 – Page 217 of 385
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
60 Enterprise Fund KEMIRA WATER SOLUTIONS, INC 18-0006 PAX (45,980 #)13,104.30
60 Enterprise Fund KEVIN & CHRISTY KIRCHMEIER Refund: wat/sewer/trash, #07040913-04, 1754 E.
Territory Dr.
100.00
60 Enterprise Fund KNIFE RIVER 18-0146,Black Cat Sewer Ph5,construction as of
8/22/18
371,643.61
60 Enterprise Fund LEONARD NEIWERT Refund: wat/sewer/trash, #24041774-01, 2588 W.
Willard St.
99.81
60 Enterprise Fund LES SCHWAB TIRE CENTER New Tires for Vehicle C15281 740.00
60 Enterprise Fund LOWE'S Admin Bldg Fridge Filter Replacement Qty 1 47.50
60 Enterprise Fund M3 INVESTMENTS LLC & CS2 LLC Refund: wat/sewer/trash, #18200185-01, 2992 N.
Villere Ln.,
60.25
60 Enterprise Fund McCALL INDUSTRIAL SS Hex reducer bushings (10 qty)18.80
60 Enterprise Fund McCALL INDUSTRIAL SS plug, SS nipple, SS threaded elbow & SS bushing
(26)
87.47
60 Enterprise Fund METROQUIP, INC.15 ft cord to repair overhead electrial reel on vactor 192.57
60 Enterprise Fund METROQUIP, INC.MCA MX FIP, Alumn Nipple, Handle Welding Qty 4 128.18
60 Enterprise Fund METROQUIP, INC.O-ring & backup ring to repair triplex pump on camel
(2 qty)
36.67
60 Enterprise Fund METROQUIP, INC.Quick Clamp for Hino Truck C20663 164.25
60 Enterprise Fund METROQUIP, INC.Seal kit to rebuild hose reel swivel on vactor
hydrocleaner
141.17
60 Enterprise Fund MICHAEL BLOWERS Refund: wat/sewer/trash, #35380402-04, 3156 S.
Gunnell Ave.
208.35
60 Enterprise Fund MICHELLE CONGER Refund: wat/sewer/trash, #44200112-02, 3448 S.26.00
60 Enterprise Fund MODERN PRINTERS Door Hangr for Preasure Change in Process Notice Qty
420
131.00
60 Enterprise Fund MOUNTAIN WATERWORKS, INC 18-0116, Well 28 Water Treatment service thru
7/27/18
4,565.00
60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Air spray gun 73.58
60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Pipe threader die head for shop tool 583.70
60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Thawing blanket for shop tool 466.91
60 Enterprise Fund MURRAYSMITH INC 18-0192, Infiltration/inflow monitoring, service to
7/31/18
588.90
60 Enterprise Fund MURRAYSMITH INC 18-0390,Unidirectional Flushing Zn3,Eng service thru
7/31/18
10,563.00
60 Enterprise Fund MYFLEETCENTER.COM Signature Oil Change C15079 33.59
60 Enterprise Fund MYFLEETCENTER.COM Signature Oil Change C19969 55.19
60 Enterprise Fund MYFLEETCENTER.COM Signature Oil Change C20028 33.59
60 Enterprise Fund NORMAN WILD Refund: wat/sewer/trash, #03154509-04, 2288 W.
Glade Creek
246.31
Date: 9/13/18 01:24:47 PM Page: 10Meridian City Council Meeting Agenda September 18, 2018 – Page 218 of 385
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
60 Enterprise Fund OFFICE DEPOT, INC.Copy paper and toner 343.06
60 Enterprise Fund OFFICE DEPOT, INC.Finance
pens,files,batteries,paper,toner,stamps,spons,badge
315.85
60 Enterprise Fund OFFICE VALUE - MERIDIAN tape, markers, card holder, desk organizer (10 qty)202.55
60 Enterprise Fund OXARC, INC.18-0019 sodium hypochlorite (2,798 gal)4,560.74
60 Enterprise Fund PACIFIC NW CLEAN WATER ASSN PNCWA conference for Jared Hale Boise Oct21-24 380.00
60 Enterprise Fund PATRICIA DUSTIN Refund: wat/sewer/trash, #14149056-02, 4214 W.
Dawson Dr.,
54.14
60 Enterprise Fund PLATT ELECTRIC SUPPLY LED bulb post to upgrade Collections bldg lighting (4
qty)
264.98
60 Enterprise Fund PLATT ELECTRIC SUPPLY LED lamp post-site wall pk, lamp holder & sq fixture
cover
268.92
60 Enterprise Fund PLATT ELECTRIC SUPPLY LED strip lights for fermentation control bldg (8 qty)954.91
60 Enterprise Fund PLATT ELECTRIC SUPPLY LED strip lights for generator bldg (8 qty)954.91
60 Enterprise Fund PLATT ELECTRIC SUPPLY Parts to install outlet to run Hotsy & upgrade lights to
LED
109.93
60 Enterprise Fund PLATT ELECTRIC SUPPLY Parts to replace fluorescent bulbs in fermentation bldg
(36)
512.89
60 Enterprise Fund PLATT ELECTRIC SUPPLY PVC cement & fluorescent fixture hangers for stock (17
qty)
14.05
60 Enterprise Fund PLATT ELECTRIC SUPPLY Returned LED lamp post top site wall packs (4 qty)(264.98)
60 Enterprise Fund PLATT ELECTRIC SUPPLY Returned LED strip lights (4 qty)(477.46)
60 Enterprise Fund PLATT ELECTRIC SUPPLY Strut post base top install water line & hose bib (2 qty)70.68
60 Enterprise Fund PLATT ELECTRIC SUPPLY Sweep elbows to install electrical/controls for new
mixers-2
28.45
60 Enterprise Fund PLATT ELECTRIC SUPPLY wire nut & wire stripper (1,002 qty)75.00
60 Enterprise Fund POFFENBERGER SMITH-HANSSEN
FAMILY TRUST
Refund: wat/sewer/trash, #17790113-02, 610 E. Blue
Heron St.
96.29
60 Enterprise Fund POLLARDWATER.COM Brass Hex Male Adapter Qty 6 269.73
60 Enterprise Fund POSTNET FY18 Postage and Mailing for Backflow Ltrs Qty 104 117.05
60 Enterprise Fund POSTNET Postage & Mailings for Backflow Ltrs Qty 117 195.96
60 Enterprise Fund POSTNET Postage and Mailing for Backflow Ltrs Qty 173 173.20
60 Enterprise Fund POSTNET Postage and Mailing of Backflow Ltrs Qty 2 2.87
60 Enterprise Fund POSTNET Postage and Mailing of Backflow Ltrs Qty 87 173.95
60 Enterprise Fund POSTNET Postage and Mailings of Backflow Ltrs Qty 38 67.51
60 Enterprise Fund QUALITREE Demolition of waterfall feature at Heroes Park 5,000.00
60 Enterprise Fund RED WING SHOES Brown Safety Toe Shoe Qty 1 D. Teller 123.24
60 Enterprise Fund REPUBLIC SERVICES, INC.Republic Trash Services Contract - August 2018 1,144,151.06
60 Enterprise Fund RHONDA L OLSEN Refund: wat/sewer/trash, #32324332-02, 770 S.
Woodhave Ave.
122.76
Date: 9/13/18 01:24:47 PM Page: 11Meridian City Council Meeting Agenda September 18, 2018 – Page 219 of 385
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
60 Enterprise Fund RICH & ELLIE PUGMIRE TRUST Refund: wat/sewer/trash, #10102468-03, 2337 W.
Teano Dr.,
92.95
60 Enterprise Fund RICHARD RUSSELL Refund: wat/sewer/trash, #08302608-02, 3691 N.
Park Crossing
32.86
60 Enterprise Fund ROBERT & DEBORAH LARDINAIS Refund: wat/sewer/trash, #34602013-03, 4276 E.
Pine Bluff Dr
40.10
60 Enterprise Fund SHARON AGGEN Refund: wat/sewer/trash, #15220164-01, 1838 W.
Emerald Falls
31.00
60 Enterprise Fund SILVER CREEK SUPPLY Nozzles & pop-ups to repair sprinkler heads (20 qty)18.00
60 Enterprise Fund SNAP PROMOTIONS Outreach Items, Water Swag Popsockets Qty 100 498.00
60 Enterprise Fund SOLITUDE HOMES INC Refund: wat/sewer/trash, #49200113-02, 5737 S.
Graphite Way
94.58
60 Enterprise Fund SOUTHERN COMPUTER WAREHOUSE Zagg Slim Book Keyboard/Cover Case for 10.5in iPad
Pro
82.18
60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY White tape & reflector red to make card reader
noticable (2)
7.40
60 Enterprise Fund STANDARD RESTAURANT EQUIPMENT
CO.
Water filter for ice machine in Lab 91.66
60 Enterprise Fund STRATA, INC.18-0417,Well 22 Water Treatment inspection 8/16/18 1,030.10
60 Enterprise Fund SYNCB/AMAZON Brakets for well Sites Qty 10 484.00
60 Enterprise Fund SYNCB/AMAZON Wipes for cleaning work station label maker 26.66
60 Enterprise Fund TERRACON CONSULTANTS 18-0327,Well 32 special inspections as of 8/10/18 2,577.50
60 Enterprise Fund ULINE, INC.1gal Gas Cans Qty 2 175.49
60 Enterprise Fund USA BLUEBOOK Membrane Replacment Kit, Inverted Paint Blue Qty 8 593.84
60 Enterprise Fund USA BLUEBOOK Reagent Set, Buffer Pouches, Kim Wipes, PE Qty 8 419.76
60 Enterprise Fund VALUE HEATING & AIR CONDITION Replacement of AC Belt @ Well 27 123.65
60 Enterprise Fund VALUE HEATING & AIR CONDITION Replacement of Fan & Rewire Cooling Unit @ Well 27 117.25
60 Enterprise Fund VALUE HEATING & AIR CONDITION Rplacement of Fan Cycle Control & Cleaing AC Unit @
Well 21
299.45
60 Enterprise Fund VINCENT J. & VINCENT A. PRYOR Refund: wat/sewer/trash, #46183004-03, 2943 E.
Tusa St.,
36.03
60 Enterprise Fund WARREN STEWART Expense Report: W. Stewart, APWA PWX Expo, Kansas
City MO,
11.50
60 Enterprise Fund WILLIAM & PAMELA RE Refund: wat/sewer/trash, #10551032-02, 4710 N. Vin
Santo Ave
89.64
60 Enterprise Fund WW GRAINGER, INC Deionized H20 Qty 2 41.66
60 Enterprise Fund XEROX CORPORATION - PASADENA LX7658362 monthly copier lease for July 2018 158.37
60 Enterprise Fund XEROX CORPORATION - PASADENA LX7985464 monthly copier lease for July 2018 157.00
60 Enterprise Fund XEROX CORPORATION - PASADENA MX4-741080 Monthly Lease 266.95
60 Enterprise Fund XEROX CORPORATION - PASADENA MX4761692 monthly copier lease for July 2018 308.39
Date: 9/13/18 01:24:47 PM Page: 12Meridian City Council Meeting Agenda September 18, 2018 – Page 220 of 385
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
60 Enterprise Fund YURIKO ANN NEHER Refund: wat/sewer/trash, #15212880-06, 3006 W.
Foxtrotter Dr
22.68
Total 60 Enterprise Fund 1,834,101.15
Report Total 2,218,463.44
Date: 9/13/18 01:24:47 PM Page: 13Meridian City Council Meeting Agenda September 18, 2018 – Page 221 of 385
City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 7
Project File Number:
Item Title: Items moved from Consent Agenda
Meeting Notes:
City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 8A
Project File Number:
Item Title: Children's Museum of Idaho Update
Meeting Notes:
I TEM SHEET
C ouncil Agenda I tem - 7.A .
Presenter: J acy J ones
Estimated Time f or P resentation: 10 min
Title of I tem - C hildren's M useum of Idaho Update
It’s b een s everal mo nths s inc e we were in fro nt of the gro up and there’s been a lot of d evelopments. We
apprec iate their sup p o rt and interes t in the p ro ject and want to make sure we are keep ing them in the loop.
C ouncil Notes:
RE V I E WE RS :
Department Reviewer Action D ate
Clerk.Coles, C.J ay Approved 9/14/2018 - 10:48 A M
Meridian City Council Meeting Agenda September 18, 2018 – Page 222 of 385
City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 9A
Project File Number:
Item Title: Professional Services Agreement with Children's
Museum of Idaho
Professional Services Agreement between Children's Museum of
Idaho and City of Meridian Not to Exceed $7,500
Meeting Notes:
uy
APPROVEO
FC, & /-, e,#,- - pfo
I TEM SHEET
C ouncil Agenda I tem - 8.A .
Presenter:
Estimated Time f or P resentation:
Title of I tem - Professional S ervices Agreement between C hildren's M useum of Idaho and
C ity of M eridian Not to Exceed $7,500
C ouncil Notes:
AT TAC HM E NT S:
Description Type Upload D ate
A greement A greements / C ontracts 9/14/2018
RE V I E WE RS :
Department Reviewer Action D ate
Clerk.B aird, Ted Approved 9/14/2018 - 4:07 P M
Clerk.Cunningham, R eta Approved 9/14/2018 - 4:11 P M
Meridian City Council Meeting Agenda September 18, 2018 – Page 223 of 385
PROFESSIONAL SERVICES AGREEMENT WITH
CHILDREN'S MUSEUM OF IDAHO
This PROFESSIONAL SERVICES AGREEMENT WITH CHILDREN'S MUSEUM OF IDAHO
(hereinafter "Agreement") is made this [a_ day of September, 2018, by and between the Meridian
Historic Preservation Commission (HPC), through the City of Meridian, a municipal corporation
organized under the laws of the State of Idaho (hereinafter "City"), and the Children's Museum of
Idaho, a nonprofit corporation organized under the laws of the State of Idaho, (hereinafter "CMI").
WHEREAS, the mission of the Meridian Historic Preservation Commission is to promote the
educational, cultural, economic and general welfare of the public of the city's cultural heritage by
promoting learning experiences that are consistent with its mission;
WHEREAS, CMI is dedicated to a place where children learn through play and exploration in
environments and experiences created just for them; and
WHEREAS, the respective governing bodies of City and CMI find that these missions
complement each other and wish to work together to further the objectives of both by being a
contributor for a new exhibit in the Children's Museum;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants
herein contained, and in consideration of the recitals above, which are incorporated herein, City and
CMI agree as follows:
I. SCOPE OF SERVICES.
In exchange for City's and HPC's contribution as set forth herein, CMI shall include the City and
HPC's contribution to the CMI with other contributors to the Museum;
H. COMPENSATION AND PAYMENT.
Following the approval of this agreement; the City shall pay CMI for contribution described herein in
an amount not to exceed seven thousand five hundred dollars ($7500.00) by the end of the current
fiscal year.
III. GENERAL PROVISIONS.
A. Notices. All notices required to be given by either of the parties shall be in writing and be deemed
communicated when personally served or mailed via U.S. mail, addressed as follows:
If to CMI: If to City:
Pat Baker Hillary Bodnar, Commissions & Committees Specialist
Children's Museum of Idaho City of Meridian
790 S. Progress Ave 33 East Broadway Ave
Meridian ID 83642 Meridian ID 83642
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein provided.
PROFESSIONAL SERVICES AGREEMENT WITH CHILDREN'S MUSEUM OF IDAHO PAGE I OF 2
B. Compliance with laws; discrimination prohibited. In performing the scope of services required
hereunder, City and CMI shall comply with all applicable federal, state, and local laws. In
performing services under this Agreement, CMI shall not discriminate against any person on the
basis of race, color, religion, sex, national origin or ancestry, age or physical handicap.
C. Time of the essence. The parties shall fulfill obligations described in this Agreement in a timely
manner, as set forth herein. The parties acknowledge and agree that time is strictly of the essence
with respect to this Agreement, and that the failure to timely perform any of the obligations
hereunder shall constitute a default of this Agreement.
D. Termination.
1. Grounds. Grounds for termination of this Agreement shall include, but shall not be limited to:
an act or omission by either party which breaches any term of this Agreement; an unforeseeable
event which precludes the performance of the terms of this Agreement; or circumstances that
render performance by either party a detriment to public health, safety, or welfare.
2. Process. Either party may terminate this Agreement by providing fourteen (14) days' notice of
intention to terminate. Such notice shall include a description of the breach or circumstances
providing grounds for termination. A forty-eight (48) hour cure period shall commence upon
provision of the notice of intention to terminate. If the defaulting party successfully cures the
breach or circumstances providing grounds for termination, the terminating party shall signify
such cure by issuing written withdrawal of the notice of termination. If, upon the expiration of
such cure period, cure of the breach or circumstances providing grounds for termination has not
occurred, this Agreement shall be terminated.
E. Entire Agreement; approval required. This Agreement contains the entire agreement of the
parties and supersedes any and all other agreements or understandings, oral or written, whether
previous to the execution hereof or contemporaneous herewith. This Agreement shall not become
effective or binding until approved by the respective governing bodies of both City and CMI.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their
duly authorized officers to be effective as of the day and year first above written.
CHILDREN'S MUSEUM OF IDAHO:
BY:'``{-��`�`'
Pat Baker, Executive Director
CITY OF MERIDIAN: Attest:
Tammy �e'� erd = Cil or w . &y Coles
Mayo/ EIDIAN ty Clerk
IDAHO
SEAL
PROFESSIONAL SERVICES AGREEMENT WITII CIIILDREN'S MVSEUIvI or. IDAHO PAGE 2 OF 2
Cre&tVit�• jiMbM • Uamivff• L 1kor
Children's
Museum
of Idaho
Vision
To inspire and nurture future explorers, innovators, and critical thinkers
through interactive play in a safe, engaging environment with hands-on exhibits
designed specifically for children between two and eight years old.
What is a Children's Museum
A children's museum is a place where children learn through play and exploration
in environments and experiences created just for them. These museums feature
interactive exhibits that are designed to be manipulated by children and guided
by an adult (parent, grandparent, caregiver). This hands-on approach inspires
young minds to take an active role that results in learning through play.
Children learn about animal biology and caring for pets by role-playing in a kid -
sized veterinary clinic, or about math and sorting at a pretend grocery store, or
about performance art by dressing up and putting on a play on the theater stage.
At each exhibit there are a variety of roles that children can choose from and each
role exposes them to a different set of learning opportunities. For instance, at the
theater, children could choose to be a stagehand and manipulate the curtains and
props, a lighting/video/sound engineer and manage the AV board, or be an actor
or director. The possibilities are as endless as a child's imagination.
Why Start Children's Museum
IYA6I"ATI '" Mol SIV two W
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Fu
rioa Children's museums feature hands-on interactive exhibits that motivate learning and address the
sruoio developmental needs of children. There are over 300 children's museums in the Association of
Children's Museums network, but none in Idaho. The Treasure
Valley has a total population of over 690,000, and close to 100,000
children under the age of ten.* Families need a place where young
children can be inspired to become lifelong learners in environ-
; _ ments that promote purposeful play.
le
Ch'ddrens
Museum
of Idaho
C41DANO.org
IMAGES COURTESY OF IMAGINE CHIERORENS MUSEUM
"Interactive Demographic Report: http://wvrw.gemstateprospe(tor.(om/demographi(s.html - Source: GSP 012017
Ch) dreWs
Museum
of Idaho
Objectives
Crea-bvitW• 6ajimtm • �eamivff• �avjktor
When you support the Children's Museum of Idaho
you inspire kids to dream big".
The objectives of the Children's Museum
of Idaho are to provide:
• A dynamic hands-on, engaging, and unstructured
educational experience where children ages 2-8,
along with the adults in their lives, learn through
purposeful play,
• A place for children to encounter unique oppor-
tunities for discovery, creativity and imagination;
• An enriching atmosphere that is accessible to
children and their families, regardless of their
disability or income;
• An opportunity for teens and seniors in the
community to volunteer,
• An atmosphere that fosters positive intergenera-
tional relationships by encouraging adult -child
interaction;
• An indoor and outdoor exhibit area designed to
connect children with their natural environment,
• An unplugged zone where phones and
electronic devices are discouraged.
Needs
Launching a children's museum is an immense under-
taking but we are confident that it is something our
community needs and will support with their time and
resources.
Our plan is to rent, buy or build a 15,000 square foot
building centrally located in the Treasure Valley. When
children enter the building they will be transported into
a world designed especially for them.
Just imagine a place where children become explorers,
storytellers, scientists, bankers, musicians, astronauts,
chefs or anything they can dream up. In order to make
this vision a reality we are counting on your support.
Here are a few of our initial needs:
• Major exhibit sponsors (bank, grocer, veterinarian,
building material supplier, dentist, doctor, garden
center, restaurant, etc.)
• Individual and corporate donors
• Exhibit creation volunteers (artists, carpenters,
generally handy people)
Proposed Exhibits ...what a fun place to learn!
• Dinosaur Pit (sand, fossils, digging tools, buckets, climb on linos, sit-in lino eggs) • Veterinary Clinic (exam table, stuffed animals, casts, splints, collars, x-rays)
• Cave (walk through, glowworm lights, find bugs, plants and animals, bat costumes) • Construction (Bilderhoos building slats, gutters, plumbing parts, apron, hard hat)
• Sailing Ship (climb aboard ship, hoist flag and sails, steer, stow cargo) • Post Office (write letters/cards, stamp, sort, conveyor belt for packages, deliver mail)
• Frontier (covered wagon, teepee, canoe, life-size buffalo)
• Police Car with flashing lights
• Farm (chick incubator, tractor, plant vegetables, pick fruit, groom life-size farm animals) • Fire Engine with flashing lights
• Bank (ATM, teller, money drawers) • Theater (lights, sound, costumes, stage, dressing room, musical instruments)
• Grocery (grocery carts, boxed/canned/pretend food, cash register, scanner, scale) • Town Square (Toddler town)
• Cafe (rotates every quarter to anew restaurant and theme) • Trains (assorted manual trains and accessories, wooden tracks)
• Doctor (exam table, monitors, anatomy puzzle, x-rays, scale, ambulance, baby dolls) • Airport (sit-in plane with controls, luggage, conveyor belt, maps)
• Dentist (chair, giant teeth with roots -some removable, giant toothbrush, x-rays) • Space (space suit, sit-in space ship with controls, planet mobiles)
YOU can make a difference through CQd nts
g re
volunteerism andfinancial support. Museum &IDAHO.org
of Idaho
Cireativi-t�. • �►�a�.i►�ati�v� • I�ea.rhihA
LI:1
of Idaho
Let the adventure begin!'
L.Aw
$8.00 ages 2 -adult
Under age 2 free
EBT card holders $3 (up to 5 people)
!r! 1I fes' ka 11 � Annual Membership - unlimited admission and
members only morning hour Tuesday -Saturday and Tuesday evening 6-8pm.
Adult Plus One Child $85 (Additional adults or children in same
household can be added for $25 each; maximum six)
10 visits $50 - OR - 20 visits $90
The punchcard differs from an annual pass; it can be used by anyone, has
a limited number of visits, does not have bonus members only hours.
43
1. During each visit there must be a minimum of 1 adult, 18 years of age
or older, for every 4 children.
2. Maximum of two adults can be listed on the membership card.
3. An adult named on the card must be present when children covered
by the card visit the Museum.
4. Photo ID may be required at check in.
5. Memberships are non -transferable, non-refundable.
6. Not valid for field trips or group visit discounts.
7. Adults not admitted without a child.
Birthda Y PartY 9 Packa e* Il'jYlhaa�
• Exclusive use of private party room for 2 hours
• All day admission for up to 20 children and/or adults
(1:4 ratio of adults to children required)
• Dedicated CMI Party Host
• Birthday plates, napkins, cups, forks, spoons,
invitations, thank you cards
• Use of birthday banner and tablecloths
Rate: up to 20 people (adults and/or children)
$225 Tuesday -Friday
$275 Saturday -Sunday
Private Parties*Subject to approval
• Exclusive access to the museum for three hour
• 1/2 hour of set-up time and 1/2 hour clean-up ti
• Dedicated CMI Party Host
Rate: up to 100 people (adults and/or children)
$800 Wednesday and Thursday
$950 Friday and Saturday
Exclusive use of facility: Wed - Sat 6-10pm
• • • • • • • • O ® • • • • ! • • • • •
Hours:
Monday closed*
WednesdayTuesdaylOam-
Members only 6pm 8pm drelm
��
Wednesday 10am-Spm
Thursday 10am-5pm
Friday 10am-5pm
Saturdayl0am-5pm mus:` um
Sunday 1-5pm a Ij h
O a O
Members only Tuesday -Saturday one hour before opening
*Mondayclosed to the public but open 10am-noon forfamilies
in need of lowsensay environment for their children
VISION
•To inspire and nurture future explorers, innovators, and creative thinkers through interactive play in a safe, engaging environment with hands-on exhibits designed specifically for children ages two to eight years old.
OBJECTIVES
•A dynamic hands-on, engaging, and unstructured educational experience where children ages 2-8, along with the adults in their lives, learn through purposeful play;
•A place for children to encounter unique opportunities for discovery, creativity and imagination;
•An enriching atmosphere that is accessible to children and their families, regardless of their disability or income;
•An opportunity for teens and seniors in the community to volunteer;
•An atmosphere that fosters positive intergenerational relationships by encouraging adult-child interaction;
•An indoor and outdoor exhibit area designed to connect children with their natural environment;
•An unplugged zone where phones and electronic devices are discouraged
•
HISTORY
•The idea began with members of the Boise Rotary
•Children are desperate for opportunities to grow and
learn through imagination. Children’s Museums
create a limitless environment.
•Meridian’s goal to be the premier place to live, work
and raise a family makes it the perfect location for a
new children’s museum facility.
•Lead by Mayor Tammy; City staff partnered with the
Rotary and other local groups and began facilitating
the conversation October 2015
•From 2015 to early 2018 this project had many
iterations.
•In March The Station met Pat Baker and the two
groups merged under the new Non-Profit of the
Children’s Museum of Idaho (CMI) Children’s Museum in Indianapolis
OUR FACILITY
The museum is leasing a single tenant, ADA compliant building located at 790 S. Progress Ave.,
Meridian, Idaho, off the I-84 Meridian exit. The facility contains 8,800 square feet of indoor and
approximately 5,000 square feet of exterior exhibit space. The site is 1.4 acres with 91 car
parking spaces and 2 bus bays. It is on a corner with excellent visibility and has a large
monument sign on the property and shared sign on the Interstate with Winco Foods and Home
Depot.
EXHIBITS
NEWS TO KNOW
•Memberships are ON SALE NOW!
•October 12 – Panda Express Fundraiser from 12pm to 8pm
•October 25 – Meridian’s Trunk or Treat from 6pm to 9pm
•November 10 – Kids Discovery Expo from 9am to 3pm
•November 30 - Christmas Winter Lights Parade from 6:30-8:30pm
•December 8 - Children’s Winterland Festival from 10am to 3pm
•We will host 2-3 soft openings in October for members, donors, and invited guests with our grand opening and ribbon cutting on December 1.
•Like us on Facebook (@ChildrensMuseumofIdaho) and follow us on Instagram (@childrensmuseumidaho)
•More information like memberships, field trips, hours of operation including low sensory hours can be found on our website at www.CMIdaho.org
THANK YOU!
City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 9B
Project File Number:
Item Title: Resolution No. 18-2102 SWAC
Resolution No. 18-2102: A Resolution Re -Appointing Mark Nelson to
Seat 2 of the Solid Waste Advisory Commission
Meeting Notes:
rte✓ APPROVED
I TEM SHEET
C ouncil Agenda I tem - 8.B .
Presenter: M ayor D e Weerd
Estimated Time f or P resentation: 2 minutes
Title of I tem - Resolution No. 18-2102: A Resolution Re-Appointing M ark Nelson to Seat 2 of
the Solid Waste Advisory Commission
R eso re-appointing Mark Nelson to S eat 2 of S WA C
C ouncil Notes:
AT TAC HM E NT S:
Description Type Upload D ate
Reso appointing Mark Nelson to S WA C Resolution 9/10/2018
RE V I E WE RS :
Department Reviewer Action D ate
L egal.J ohnson, Chris Approved 9/10/2018 - 3:11 P M
L egal.B aird, Ted Approved 9/13/2018 - 5:00 P M
Meridian City Council Meeting Agenda September 18, 2018 – Page 226 of 385
CITY OF MERIDIAN RESOLUTION NO. 18-2102
BY THE CITY COUNCIL: BERNT, BORTON, CAVENER,
MILAM, PALMER, LITTLE ROBERTS
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN, ESTABLISHING THE REAPPOINTMENT OF MARK NELSON TO SEAT 2
OF THE MERIDIAN SOLID WASTE ADVISORY COMMISSION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Meridian City Code § 2-6-1 establishes the Solid Waste Advisory
Commission, its members and terms of their appointments; and
WHEREAS, the Mayor and City Council for the City of Meridian wish to reappoint Mark
Nelson to Seat 2 of the Meridian Solid Waste Advisory Commission with a term to expire
September 30, 2021; and
WHEREAS, the Mayor and City Council of the City of Meridian deems the reappointment
of Mark Nelson to Seat 2 of the Solid Waste Advisory Commission to be in the best interest of the
Meridian Solid Waste Advisory Commission and of the City of Meridian;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That, pursuant to Meridian City Code § 2-6-3, Mark Nelson is hereby
reappointed to Seat 1 of Meridian Solid Waste Advisory with a term to expire September 30, 2021;
Section 2. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this I eday of
September, 2018.
APPROVED by the Mayor of the City of Meridian, Idaho, this jeclay of September,
2018.
APPROVED:
Mayor Taa 5' de Weerd
�PZEoa� r ATTEST:
.,r
ERj1)XANt,C.JayC61es, City Clerk
SE
RESOLUTION FORRE-APPOINTMENT OF MARK NELSON TO THE SOLID WASTE ADVISORY COMMISSION -Page I
City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 9C
Project File Number:
Item Title: Fuller Park Agreement with WARD
Fuller Park Agreement with Western Ada Recreation District (WARD)
Meeting Notes:
I TEM SHEET
C ouncil Agenda I tem - 8.C.
Presenter:
Estimated Time f or P resentation:
Title of I tem - F uller P ark Agreement with Western Ada Recreation District (WARD )
C ouncil Notes:
AT TAC HM E NT S:
Description Type Upload D ate
S taff Memo Cover Memo 9/14/2018
Draft A greement A greements / C ontracts 9/14/2018
P roposal f rom WA R D Cover Memo 9/14/2018
RE V I E WE RS :
Department Reviewer Action D ate
Clerk.Coles, C.J ay Approved 9/14/2018 - 10:26 A M
Meridian City Council Meeting Agenda September 18, 2018 – Page 228 of 385
September 13, 2018
MEMORANDUM
TO: Mayor & City Council
FROM: Steve Siddoway, Parks & Recreation Director
Ted Baird, Deputy City Attorney
RE: Fuller Park Transfer
We have found a possible path forward for the transfer of Fuller Park from the Western Ada
Recreation District (WARD) to the City of Meridian. First, we would plan the transfer of
ownership for a year from now, approximately October 1, 2019. We would also enter into an
agreement now, whereby the City would manage, maintain, and program the park, beginning
October 1, 2018 in exchange for the proposed payment of $276K. $276K is WARD’s FY19
budget for Fuller Park.
Here is a brief overview of how it can work:
1. WARD and the City enter into an Agreement for Sale and Conveyance of Real Property
that spells out the following:
a. City will buy Fuller park and Equipment for $1,000.00 (no gift).
b. City will do Phase I Environmental, etc. and include a standard out-clause if there
are significant issues. This work needs to be done not more than six months
before closing.
c. Closing is Oct 1, 2019. Moving the closing date gives us time to work out all the
details.
d. WARD will commit to a post-closing obligation to reduce their budgeted
expenditures by at least $276,000. WARD’s legal counsel will need to determine
the appropriate timing and documentation of the agreement to reduce their levy.
2. License Agreement for Maintenance and Operations (Exhibit to the agreement above)
a. WARD continues to own Fuller Park during FY19.
i. Restroom construction closing, warranties, etc. have time to work
themselves out directly with WARD.
Meridian City Council Meeting Agenda September 18, 2018 – Page 229 of 385
2
ii. Since WARD owns the Park, there is no issue with them collecting the
taxes to maintain the park.
iii. WARD contracts with the City to maintain the park for payment(s) of
$276K.
b. The City takes over management, maintenance, scheduling, and programming of
the park, starting October 1, 2018 (FY19).
i. City begins staffing process ASAP.
ii. WARD grants the City use of all equipment and vehicles associated with
Fuller Park, until the park and equipment transfer ownership.
iii. Budget amendment for FY19 will need to be approved by City Council,
but will not go into effect until October 1. The cost of the amendment will
be covered by WARD’s payment(s) to the City. Note: As discussed
previously, we anticipate additional capital needs for items, such as ADA
improvements, fencing, etc. See item vii below.
iv. We can “live” in the park for a year while caring for it and identify any
significant outstanding issues or capital costs prior to closing.
v. City can include the park acreage in the current Impact Fee Study.
vi. During our year of maintenance by agreement, we also have the time to
adopt an updated fee schedule (i.e. shelter fees, etc.) and negotiate the
future direction of the MYB agreement.
vii. This process allows us time to investigate the extent of needed capital
improvements (i.e. fencing, ADA improvements, etc.).
3. Oct 1, 2019 the City takes ownership of Fuller Park. The License Agreement for
maintenance and operations expires. WARD’s budget is lowered.
Requested Council Action on 9/18:
• Shaun Wardle will come to make the formal presentation/offer to City Council on
9/18.
• We will request approval of the following items for the proposed park transfer:
o Agreement for Sale and Conveyance of Real Property, including the License
Agreement for Maintenance and Operations
o FY19 Budget Amendment – This amendment will be a “net-zero” budget
amendment to match the payment from WARD.
• Staff recommends approval and moving forward with the process to receive the
transfer of Fuller Park from WARD to the City of Meridian.
Meridian City Council Meeting Agenda September 18, 2018 – Page 230 of 385
DISCUSSION DRAFT
SEPTEMBER 14, 2018
(Note: This draft was created by City of Meridian legal staff based on discussions to date with
WARD. We have provided this document to WARD for their review, but due to a tight turn-
around time, we have not received specific feedback from Ward as of the date set forth above).
AGREEMENT FOR SALE AND CONVEYANCE OF REAL PROPERTY
KNOWN AS FULLER PARK IN THE CITY OF MERIDIAN
BETWEEN
WESTERN ADA RECREATION DISTRICT
AND
THE CITY OF MERIDIAN
WITH LICENSE AGREEMENT FOR OPERATION AND MAINTENANCE BY CITY
OF MERIDIAN PRIOR TO CLOSING
This Agreement is made between The City of Meridian, an Idaho Municipal Corporation
(“City”), and the Western Ada Recreation District, a Recreation District created and organized
under Title 31, Chapter 43 of the Idaho Code (“District”). City and District may be collectively
referred to herein as “the Parties.” This Agreement shall be made effective as of the date when
fully executed by both Parties (“Effective Date”).
WHEREAS, District owns and operates a public park in the City of Meridian known as
Fuller Park; and
WHEREAS, City owns and operates numerous public parks within its city limits; and,
WHEREAS, District desires to transfer ownership of Fuller Park to the City of Meridian
so that District can focus on its primary mission of promoting aquatics and water safety in
Western Ada County; and,
WHEREAS, City is willing to purchase Fuller Park on the mutually agreeable terms and
conditions set forth herein.
NOW, THEREFORE , in return for good and valuable consideration, including the
agreement set forth herein and the Parties’ proceeding to the closing of the transaction
contemplated hereby, the receipt and sufficiency of such consideration being hereby
Meridian City Council Meeting Agenda September 18, 2018 – Page 231 of 385
acknowledged, the Parties do hereby enter into this Agreement and the terms and conditions set
forth below. The parties agree as follows:
1. TRANSFER OF PROPERTY .
1.1 Real Property . Subject to the terms and conditions of this Agreement, District
shall sell and convey to City the real property legally described and depicted on Exhibit 1.1,
attached hereto and incorporated herein:
1.2 Tangible Personal Property to be included in the purchase price. Certain
tangible personal property located on or used in connection with the operation or maintenance of
the Real Property as listed on the attached Exhibit 1.2 shall be transferred to City at Closing and
documented by a bill of sale or other appropriate documentation.
1.3 Purchase Price. The Purchase Price for the items idendified in Sections 1.1 and
1.2 shall be One Thousand Dollars ($1,000.00).
1.4 Conveyance of Title. Title to the Real Property shall be conveyed by a Grant
Deed. Title to the Real Property shall be marketable and insurable and shall be free and clear of
all liens, encumbrances, and restrictions, exclusive of any encumbrances, and conditions
accepted in writing by City on or before Closing.
1.5 Title Insurance.
1.5.1 Commitment. Upon the acceptance of this Agreement by District, the
Parties shall order a Commitment for Title Insurance (“Commitment”) issued by Pioneer Title
Company, 8151 W. Rifleman Street, Boise, ID 83704, attention Glen Lorensen] (“Title
Company”), covering the Real Property.
1.5.2 Unapproved Exceptions. If any exceptions shown on the Commitment are
not approved in writing by City before Closing and cannot be removed by District by Closing,
then City shall have the right to terminate this Agreement, and each party shall be fully released
and discharged from any further obligations under this Agreement.
1.5.3 Policy. At Closing, City may purchase an Owner’s Policy title insurance
policy at City’s sole expense in the insured amount of the market value of the real property. The
Policy must include an endorsement deleting the general exceptions to the Policy.
1.6 Possession. District shall deliver actual possession of the Property to City at
Closing.
2. REPRESENTATIONS , WARRANTIES , AND COVENANTS OF THE DISTRICT .
Meridian City Council Meeting Agenda September 18, 2018 – Page 232 of 385
District represents and warrants to, and covenants with, City as follows:
2.1 Authority of District. The execution, delivery, and consummation of this
Agreement by District has been duly approved in accordance with applicable law and any
documents or instruments governing District.
2.2 Property Ownership. District owns and possesses all right, title, and interest in
and to the Property free and clear of all covenants, conditions, easements, liens, and
encumbrances.
2.3 No Litigation. There is no equitable, legal, or administrative suit, action,
arbitration, or other proceedings pending or threatened against or affecting District or the
Property.
2.4 Information to be Provided. Within ten (10) business days after the date this
Agreement is accepted by District, District shall deliver to City the following:
2.4.1 Contracts. All contracts of any kind or nature that will survive the Closing
and that relate to the Property.
2.4.2 Leases. A copy of all leases relating to the Property, together with any
amendments to them.
2.4.3 Permits. A copy of any licenses, certificates, permits, approvals,
conditions or similar items, in District’s possession relating to any portion of the Property.
2.5 Conduct Pending Closing .
2.5.1 As of October 1, 2018, CITY shall take over operation and maintenance of
Fuller Park pursuant to the terms of a License and Maintenance Agreement in substantial
conformance with the sample agreement attached hereto as Exhibit 2.5.1
2.5.2 From the Effective Date to Closing, District shall:
a. Not enter into any new leases, licenses, or partnership agreements
relating to the Property, and perform all acts necessary to insure that the representations,
warranties, and covenants of District shall be true, complete, and accurate in all respects on and
as of the date of closing to the same force and effect as if made at Closing.
2.6 Access to Property. After the Effective Date of this Agreement, City and City’s
authorized representatives shall have reasonable access to the Property.
3. CONDITIONS PRECEDENT TO CLOSING .
3.1 Representations and Warranties True. The representations and warranties of
District are true, complete, and accurate as of the date of this Agreement and as of the date of
Closing as if made as of such date.
Meridian City Council Meeting Agenda September 18, 2018 – Page 233 of 385
3.2 City’s Real Property Inspection. During the six month period prior to Closing
(the “Inspection Review Period”), City shall inspect the Property to conduct, review and approve
any investigations, tests, analyses or studies deemed necessary by City to determine the
condition and feasibility of the Property for City’s purpose (the “Inspection Review”). If for any
reason City determines that the Property is not in a suitable condition or not feasible for City’s
purpose, City may terminate this Agreement within the Inspection Review Period. If City does
not either approve or disapprove the Inspection Review within the time specified, then the
Inspection Review will be deemed approved
3.3 Covenants Performed. District and City have performed all obligations,
covenants and agreements to be performed before Closing as set forth in this Agreement.
3.4 Title Policy. The Title Company is prepared to issue a policy in accordance with
the provisions of Section 1.8.3.
3.5 Execution and Delivery of Documents. District (and others where required) shall
have executed and delivered to the Closing Agent the following:
1. The Grant Deed;
2. A Bill of Sale and associated vehicle title documents necessary to transfer
ownership of the Personal Property listed on Exhibit 1.2
3. Any other documents necessary to effect the transfer of title contemplated by this
Agreement.
4. ESCROW AND CLOSING
4.1 Escrow Agent. The Escrow Agent for this Agreement shall be Pioneer Title
Company, 8151 W. Rifleman Street, Boise, ID 83704, attention Sue Rich-Merritt.
4.2 Date of Closing. The Parties shall submit all required documents to Escrow
Agent in advance of the planned closing date of September 30, 2019, or at such other time, date,
and place as may be mutually agreed between District and City.
4.3 Closing Agent Instructions. City and District shall execute and deliver to the
Closing Agent instructions on the form generally provided by the Closing Agent with such
modifications as are reasonably made by City and District.
5. GENERAL PROVISIONS .
5.1 Broker Fees. No Brokers were involved with this transaction.
5.2 Governing Law, Jurisdiction, and Venue. This Agreement shall be construed
and interpreted in accordance with the laws of the State of Idaho. The parties agree that the
courts of Idaho shall have exclusive jurisdiction and agree that Ada County is the proper venue.
Meridian City Council Meeting Agenda September 18, 2018 – Page 234 of 385
5.3 Time of the Essence. Time is of the essence with respect to the obligations to be
performed under this Agreement.
5.4 Rights Cumulative. Except as expressly provided in this Agreement, and to the
extent permitted by law, any remedies described in this Agreement are cumulative and not
alternative to any other remedies available at law or in equity.
5.5 Nonwaiver of Remedies. The failure or neglect of a party to enforce any remedy
available by reason of the failure of the other party to observe or perform a term or condition set
forth in this Agreement shall not be a waiver of such term or condition. A waiver by a party
(i) shall not affect any term or condition other than the one specified in such waiver, and (ii) shall
waive a specified term or condition only for the time and in a manner specifically stated in the
waiver.
5.6 Successors and Assigns. Subject to any express provisions in this Agreement
regarding restrictions on transfers or assignments, this Agreement shall be binding upon and
inure to the benefit of the parties and their respective successors, assigns, heirs, and personal
representatives.
5.7 Entire Agreement. All Schedules and Exhibits to this Agreement are a part of
this Agreement. This Agreement, together with the accompanying Schedules and Exhibits, is the
entire agreement among the parties and supersedes all prior memoranda, correspondence,
conversations and negotiations.
5.8 Severability. The invalidity of any portion of this Agreement, as determined by a
court of competent jurisdiction, shall not affect the validity of any other portion of this
Agreement.
5.9 Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed to be an original, but all of which together shall constitute one
and the same instruments.
5.10 Survival of Representations, Warranties, and Covenants. All representations,
warranties, and covenants of the Parties set forth in this Agreement shall survive the Closing and
shall survive the recording of the Warranty Deed(s).
5.11 Execution of Agreement. District acknowledges that this agreement will be
executed by District before City executes the agreement and that the execution of the agreement
by the City is contingent upon ratification of the terms and conditions of this agreement by the
Meridian City Council and the Council's authorization for the Meridian City Mayor to execute
this agreement on behalf of the City.
6. Signatures.
Signatures to follow in next page
Meridian City Council Meeting Agenda September 18, 2018 – Page 235 of 385
WESTERN ADA RECREATION DISTRICT:
By:
Shaun Wardle, Board President
Date:_______________________________
CITY OF MERIDIAN
By: ________________________________
Tammy de Weerd, Mayor
Date: _______________________________
Attest:
____________________________________
C.Jay Coles, City Clerk
Meridian City Council Meeting Agenda September 18, 2018 – Page 236 of 385
EXHIBIT 1.1
Legal Description of Property to be conveyed to City
Meridian City Council Meeting Agenda September 18, 2018 – Page 237 of 385
EXHIBIT 1.2
(Schedule of Personal Property to be included in Transfer)
Meridian City Council Meeting Agenda September 18, 2018 – Page 238 of 385
EXHIBIT 1.2, page 2
Meridian City Council Meeting Agenda September 18, 2018 – Page 239 of 385
EXHIBIT 2.5.1
LICENSE AND MAINTENANCE AGREEMENT
BETWEEN
WESTERN ADA RECREATION DISTRICT
AND
THE CITY OF MERIDIAN
FOR MAINTENANCE AND OPERATION OF FULLER PARK
THIS AGREEMENT made and entered into this day of __________, 2018,
by and between the Western Ada Recreation District, a Recreation District created and organized
under Title 31, Chapter 43 of the Idaho Code (“District”), and the City of Meridian, an Idaho
municipal corporation (“City”).
WHEREAS, the respective governing bodies of City and District are mutually interested
in supporting efficient public park operations;
WHEREAS, District owns a public park located at 3761 W. Park Creek Drive in
Meridian, Ada County Parcel Number S1210131210, currently developed and known as Fuller
Park (the “Park”) ;
WHEREAS, City has proven experience at successfully and efficiently operating,
maintaining, and programming park facilities across the City;
WHEREAS, District is willing, upon certain terms and conditions, to license the Park to
City for the purposes stated herein for a period of time defined within this Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. GRANT OF LICENSE
For and in consideration of promises contained herein, and other good and valuable
consideration, District hereby gives and grants to City the non-exclusive right, privilege
and license to maintain and operate the Park.
2. TERM OF AGREEMENT
This temporary license is granted for single term to begin on October 1, 2018 and end on
September 30, 2019.
3. USE OF LICENSED PREMISES AND SIGNS
City shall be licensed to operate and maintain the Park in a manner consistent with other
municipal parks owned by City. The existing signs declaring the property to be in the
ownership of District shall remain, but City shall be required to prepare and post at its
Meridian City Council Meeting Agenda September 18, 2018 – Page 240 of 385
expense weatherproof appliqués or freestanding signs declaring the City as the contact for
scheduling of picnic shelters and field use, and providing the appropriate City telephone
contact information.
4. MAINTENANCE AND OPERATION OF THE PARK
A. City’s maintenance of the Park during the term of this Agreement shall include
irrigating, mowing, fertilizing, and weed control to the standard of other City-
maintained park properties.
B. City agrees to perform routine maintenance on the irrigation pump and irrigation
delivery system, including the replacement of broken or damaged heads, pipes, and
valves. City’s commitment to replace broken or damaged heads, pipes, and valves
shall be limited to One Thousand Dollars ($1,000.00).
C. District agrees to pay all costs associated with delivery of the irrigation water,
including but not limited to electricity and ditch fees or assessments.
D. District shall compensate City for Park maintenance in the amount of $276,000 in two
equal payments. The first payment in the amount of $138,000 shall be made in
February 2019. The second payment in the amount of $138,000 shall be made in
August 2019.
E. District shall allow City to use all equipment and vehicles currently used by District
to maintain the Park. City shall provide routine maintenance of said equipment and
vehicles.
F. City shall be responsible for taking picnic shelter reservations and shall be entitled to
retain any fees received for shelter reservations during the term of this Agreement.
G. City shall be the contact for programming the use of the baseball fields under the
terms of the existing agreement with Meridian Youth Baseball (MYB).
H. City, as Lessee, may enter into a new partnership agreement with MYB during the
term of this Agreement but said agreement shall not obligate District to any of its
terms and conditions.
5. EXCLUSIONS FROM CITY’S MAINTENANCE OBLIGATIONS
A. IRRIGATION SYSTEM: Except for routine maintenance of the irrigation pump and
delivery system as described in section 4B of this agreement, City shall not be
responsible for other maintenance or repairs of the irrigation system. Likewise,
District has the right to refuse to repair the irrigation pump and delivery system, in
which case this agreement may be terminated pursuant to Section 7(B) below.
B. EQUIPMENT AND VEHICLE MAINTENANCE: Except for routine maintenance
of equipment and vehicles as described in section 4E of this agreement, City shall not
be responsible for major maintenance or repairs of equipment and vehicles. District
has the right to refuse to repair its equipment and vehicles, in which case District may
take such equipment and vehicles out of service and dispose of them pursuant to
applicable rules and regulations regarding surplus property.
Meridian City Council Meeting Agenda September 18, 2018 – Page 241 of 385
C. REPAIR OR RESTORATION OF PREMISIS: City shall not be responsible for
restoration or repair of the licensed premises necessitated by damage due to fire, acts
of vandalism, or acts of God.
6. INDEMNIFICATION AND INSURANCE
City hereby agrees to indemnify and hold District harmless from any loss, liability, claim
or action from damages or injuries to persons or property in any way arising out of or
resulting from the maintenance, use, and occupancy of the licensed premises by City, its
agents, employees, guests or business invitees attending or participating in any scheduled
event. If any claim, suit or action is filed against District for any loss or claim described
in this paragraph, to the extent allowed by law City shall defend District and assume all
costs, including attorney’s fees, associated with the defense or resolution thereof,
however District shall not be relieved hereby from liability for its own negligent or
willful act or omission or that of its employees.
In addition, City shall maintain, and specifically agrees to maintain throughout the term
of this Agreement, liability insurance in the minimum amount as specified in the Idaho
Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code, and such amount shall
be deemed to be the limit of City’s covenant to indemnify and save and hold harmless
District. In the event the insurance minimums of the Idaho Tort claims Act are changed,
City shall immediately submit Proof of Compliance with the changed limits.
7. TERMINATION
A. TERMINATION FOR CONVENIENCE: Either party may terminate this
agreement for any reason upon sixty (60) day written notice.
B. TERMINATION UPON LOSS OF IRRIGATION SOURCE: In the event that the
existing surface irrigation water source is discontinued or the irrigation system is
otherwise made unusable for any reason (including but not limited to a catastrophic
failure of the irrigation system), City or District may elect to immediately terminate
this agreement upon notice to the other party.
C. TERMINATION UPON CITY’S DEFAULT: If City is in breach or default of any
terms, covenants, or conditions of this Agreement and fails or refuses to cure such
breach or default within ten (10) days of written notice thereof, this Agreement, and
all rights of City conferred by this Agreement, at District’s option, may be deemed
terminated and forfeited without further notice or demand.
8. ASSIGNMENT OR TRANSFER
City shall not assign, sublet or transfer the licensed premises, or any portion thereof, or
cause or suffer any alterations thereto, other than as specified in this Agreement, without
the express written consent of District.
Meridian City Council Meeting Agenda September 18, 2018 – Page 242 of 385
9. NOTICES
A. All notices to be given with respect to this Agreement shall be in writing addressed as
follows:
To District: Board President
Western Ada Recreation District
213 E. Franklin
Meridian, Idaho 83642
To City: City of Meridian
Attn: City Clerk
33 E. Broadway Avenue
Meridian ID 83642
B. Notice shall be either delivered or sent by certified mail, postage prepaid, return
receipt requested to the party to be notified at the address specified above, or such
other address as either party may designate in writing. Every notice shall be deemed
to have been given at the time it is deposited in the United States mail, or upon
delivery to the party above specified, or their agent or legal representative.
10. APPROVAL BY GOVERNING BOARDS REQUIRED
This Agreement shall not be effective for any purpose whatsoever until it is approved by
the parties’ respective governing boards.
IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year
first above written.
WESTERN ADA RECREATION DISTRICT:
By:
Shaun Wardle, Board President
CITY OF MERIDIAN
By: ________________________________
Tammy de Weerd, Mayor
Attest:
____________________________________
C.Jay Coles, City Clerk
Meridian City Council Meeting Agenda September 18, 2018 – Page 243 of 385
Meridian City Council Meeting Agenda September 18, 2018 – Page 244 of 385
City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 9D
Project File Number:
Item Title: Budget Amendment Fuller Park Operation and Capital
Budget Amendment for Fuller Park Operating and Capital Not to
Exceed $276,000
Meeting Notes:
9 APPROVED
I TEM SHEET
C ouncil Agenda I tem - 8.D.
Presenter: S teve S iddoway
Estimated Time f or P resentation:
Title of I tem - B udget Amendment for F uller Park Operating and Capital Not to Exceed
$276,000
C ouncil Notes:
AT TAC HM E NT S:
Description Type Upload D ate
B udget A mendment B udget A mendment 9/14/2018
RE V I E WE RS :
Department Reviewer Action D ate
Clerk.Coles, C.J ay Approved 9/14/2018 - 10:24 A M
Meridian City Council Meeting Agenda September 18, 2018 – Page 245 of 385
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City Council Meeting
September 18, 2018
Items #9E: Howry Lane Subdivision No. 1
Zoning Map
Easement Proposed to be Vacated
Item #9G: Timber Creek Recycling
Original Concept Plan
REVISED Site Plan REVISED
Site Plan
Item #9F: Whitecliffe Estates Subdivision
Preliminary Plat
Landscape Plan
Proposed Building Elevations
Changes to Agenda: None
Item #9E: Howry Lane Subdivision No. 1 - VAC (H-2018-0063)
Application(s):
Vacation
Size of property, existing zoning, and location: This site is located at 12855 W. Auckland Street and is zoned R-8.
History: The final plat depicting the portion of the easement proposed to be vacated was recorded in 2017.
Summary of Request: The applicant requests approval to vacate the northwesterly 5’ of the existing 10’ wide public utility easement
on the southeasterly boundary of Lot 3, Block 4, Howry Lane Subdivision No. 1. There are no existing utilities within the portion
proposed to be vacated. The easement holders (i.e. Cable One, Idaho Power, Intermountain Gas, Century Link) have all submitted
written consent agreeing to vacate a portion of the existing easement as proposed.
The applicant states that during design of the project, a pressurized irrigation line was to be located within the easement; the line has
since been relocated and the 10 foot easement width is no longer necessary. In order to provide more floorplan options, the applicant
requests approval to vacate a portion of the easement.
Written Testimony: Kristi Watkins, JUB Engineers, Applicant’s Representative (in agreement w/staff report)
Staff Recommendation: Approval
Notes:
Possible Motions:
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0063, as presented in the staff
report for the hearing date of September 18, 2018: (Add any proposed modifications to conditions)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0063, as presented during the
hearing on September 18, 2018, for the following reasons: (You should state specific reasons for denial)
Continuance I move to continue File Number H-2018-0063 to the hearing date of September 18, 2018 for the following reason(s): (You should
state specific reason(s) for continuance.)
Item #9F: Whitecliffe Estates Subdivision - (H-2018-0061)
Application(s):
Annexation and Zoning
Preliminary Plat
Size of property, existing zoning, and location: This site consists of 40.6 acres of land, zoned RUT (Ada County), located at 943 W.
McMillan Road.
History: None
Comprehensive Plan FLUM Designation: MDR/Office
Summary of Request:
Annexation & Zoning
The applicant has applied for annexation and zoning of 40.6 acres of land with an R-4 zoning district.
Preliminary Plat
The proposed plat consists of 128 building lots and 10 common lots on 40.6 acres of land in a proposed R-4 zoning district. The
property is proposed to develop in 3 phases. The gross density for the subdivision is 3.15 d.u./acre. The minimum lot size is 8,000
square feet, with an average of 9,178 square feet.
Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and
Table 11-2A-5 for the R-4 district. Staff has reviewed the proposed plat and has found it to be in compliance with those standards.
Existing Structures: There is an existing residence and associated structures that the applicant is proposing to remove from the
property as part of this project .The applicant shall remove the structures prior to approval of the first final plat.
Access: The applicant is requesting an exemption from Council to allow for direct access to W. McMillan Road. The applicant is also
proposing to provide access from the extension of four (4) other stub streets to the surrounding subdivisions.
Common Driveways: Two common driveways are proposed in the development and are required to be constructed in accord with the
standards listed in UDC 11-6C-3D.
Landscaping: A 25-foot wide street buffer is required along W. McMillan Road, an arterial street, per UDC Table 11-2A-6 and is
required to be landscaped in accord with the standards listed in UDC 11-3B-7C.
Along W. McMillan Road, the applicant shall provide a 10 foot compacted gravel shoulder from the edge of pavement and shall
landscape the remainder with lawn or vegetative ground cover in accord with UDC 11-3B-7C.
Landscaping within the common areas is required in accord with the standards listed in UDC 11-3G-3E.
Micropath(s): In order to link subdivisions together, staff is of the opinion that a micropath lot should be included in the plat to connect
to the Cobblefield Crossing Subdivision to the west. The micropath lot should be located between Lots 5 and 6 of Block 6 and the
applicant shall coordinate with Cobblefield Crossing HOA in order to link the pathways together.
Ditches, Laterals, and Canals: The Lemp Canal transverses the north property. Per UDC 11-3A-6, all irrigation ditches, laterals or
canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being
subdivided shall be covered. The applicant is seeking a waiver from Council to allow the Lemp Canal to remain un-tiled due to the size
of the facility as allowed under UDC 11-3A-6A3b.
Open Space: A minimum of 10% qualified open space is required to be provided for this development in accord with UDC 11-3G-3A.1.
Based on the area of the preliminary plat (40.6 acres), a minimum of 4.06 acres of qualified open space is required to be provided as
set forth in UDC 11-3A-3B. A total of 4.78 acres (or 10.05%) of qualified open space is proposed consisting of ½ the street buffer along
W. McMillan Road, and internal common open space areas which appear to comply with this requirement.
Site Amenities: All developments consisting of five acres of more are required to provide a minimum of one site amenity; one
additional site amenity is required for each additional 20 acres per UDC 11-3G-3A.2, in accord with the standards listed in UDC 11-3G-
3C. Based on the area of the preliminary plat (40.6 acres), staff requires a minimum of 2 qualified site amenities be provided. The
applicant proposes to provide a children’s play structure, internal pathways and a shuffleboard court as amenities for the subdivision.
As proposed the amenities meet the requirements of the UDC.
Building Elevations: The applicant has submitted some conceptual sample building elevations for future homes in this development.
Building materials appear to consist of a mix of stucco and stone with architectural shingles.
The applicant shall comply with the provided home elevations. The rear and/or side of structures that face arterial or collector streets (Lots 3-10 of Block 2, and Lots 3-11 of Block 1), shall incorporate articulation through changes in two or more of the
following: modulation (e.g. – projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types,
or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement.
Design Review (DES): A DES application is required to be submitted prior to issuance of building permits for the single family attached
homes. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian
Design Manual.
Commission Recommendation: Approval
a. Summary of Commission Public Hearing:
i. In favor: Becky McKay
ii. In opposition: Jody McMillan
iii. Commenting: Jody McMillan
iv. Written testimony: Richard Kepler
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. How this development will contribute to the overcrowding of the area schools.
c. Key Issues of Discussion by Commission:
i. Whether the direct access to McMillan should remain as part of the project.
ii. The appropriateness of connecting a pedestrian pathway to the common lot located in the subdivision
to the west.
d. Commission Change(s) to Staff Recommendation:
i. Modify condition 1.1.1A(1) to read as follows: Prior to the City Council hearing, the applicant shall
coordinate with the adjacent HOA to see if they are amenable to having a pathway connection to their
common lot.”
ii. Remove 1.1.1A(2)
iii. Remove 1.1.3A
iv. Remove 1.1.3F
v. Modify condition 1.2.1 to read as follows: Comply with all bulk, use, and development standards of the
R-4 zoning district listed in UDC Table 11-2-A-5.
e. Outstanding Issue(s) for City Council:
i. The applicant is requesting direct access to McMillan Road which is considered an arterial road.
Council approval is required to obtain access.
Written Testimony since Commission Hearing: None
Notes:
Possible Motions:
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0074, as presented in the staff
report for the hearing date of September 18, 2018, with the following modifications: (Add any proposed modifications to conditions)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0074, as presented during the
hearing on September 18, 2018, for the following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2018-0074 to the hearing date of (insert continued hearing date here) for the following
reason(s): (You should state specific reason(s) for continuance)
Item #9G: Timber Creek Recycling - MDA (H-2018-0042)
Application(s):
Development Agreement Modification
Size of property, existing zoning, and location: This site consists of 156.5 acres of land, zoned R-4, located at 7695 S. Locust
Grove Rd. at the NWC of S. Locust Grove Rd. & E. Columbia Rd.
History: This property was annexed w/a DA in 2015 as part of the South Meridian annexation application. At the time of annexation,
the Applicant was operating a recycling business on this site in Ada County; the existing use was allowed to continue with annexation
into the City under the terms described in the DA – any changes to the terms of the use require an amendment to the DA.
Comprehensive Plan FLUM Designation: Mostly LDR with a small portion MDR
Update:
On July 17th, Council continued this project in order to allow the applicant time to further refine their request based on items discussed
during the public hearing. A comprehensive list of the items discussed was to be incorporated into a modified strike-through and
underline format of the original DA for Council’s consideration. Items to be addressed are as follows:
1. Increase in the number of vehicle trips, specifically truck traffic;
2. Removal of the retail component (This was discussed during the hearing; however, the applicant has included a request to
keep the retail component with further parameters on the use);
3. Limit the size of the facility to a 39 acre site;
4. Limit the hours of operation;
5. Secure approvals from DEQ, CDHD and the applicable Irrigation District;
6. Submit a revised concept plan detailing the operations of the site which is incorporated into the amended DA;
7. Submit sound study, odor plan and fire/emergency plan;
8. Define term limits of the recycling use;
9. Further define the type of materials that are being exported, stored and composted on the site and stating the intended uses
of said materials; and
10. Minimize impacts to adjacent neighbors (e.g. installation of mufflers on specific equipment, installation of landscaping,
restricting the height of the stored materials and monitoring complaints associated with the recycling activities).
On September 6th, a revised amended DA was submitted to the City as requested. Because of the controversy surrounding this project,
the City mailed new public hearing notices to property owners within 1000’ of the property and those property owners that testified
during the public hearing. This same list was sent to the applicant to use to schedule the neighborhood meeting so the applicant could
discuss the proposed changes with neighbors; that meeting was held on September 5, 2018 - some minor revisions were incorporated
in the draft document as a result of that meeting.
In summary, staff believes the applicant has adequately captured the items that were discussed at the public hearing in the revised
document. Although the applicant has further defined the operational characteristics if the use is to expand and proposed additional
mitigation measures, staff still has concerns with the expansion of the recycling facility (industrial nature of the use) in a residential
district. Therefore, staff recommends the Council deny the request based on inconsistency of the expanded use with the
Comprehensive Plan & Zoning Ordinance per the staff report.
Written Testimony: Many letters of testimony have been received since the last hearing; see the public record for a complete list.
Possible Motions:
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0042, as presented in the staff report for the
hearing date of September 18, 2018: (Add any proposed modifications to conditions)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0042, as presented during the hearing on
September 18, 2018, for the following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2018-0042 to the hearing date of September 18, 2018 for the following reason(s): (You should state specific
reason(s) for continuance.)
City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 9E
Project File Number: H-2018-0063
Item Title: Howry Lane Subdivision No. 1
Public Hearing for Howry Lane Subdivision No. 1 H-2018-0063 by M3
Companies, LLC, Located at 12855 W. Auckland St.
Request: Vacation ofthe northwesterly 5 feet of the 10 foot wide public utility easement on the
southeasterly boundary of Lot 3, Block 4
Meeting Notes:
I TEM SHEET
C ouncil Agenda I tem - 8.E .
Presenter:
Estimated Time f or P resentation:
Title of I tem - Public Hearing for Howry L ane S ubdivision No. 1 H-2018-0063 by M 3
C ompanies, L L C , Located at 12855 W. Auckland St.
C lic k Here for Applic ation Materials
C lic k Here to S ign Up to Tes tify at Hearing
C ouncil Notes:
AT TAC HM E NT S:
Description Type Upload D ate
S taff Report S taff Report 9/7/2018
RE V I E WE RS :
Department Reviewer Action D ate
Clerk.J ohnson, Chris Approved 9/7/2018 - 11:51 A M
Meridian City Council Meeting Agenda September 18, 2018 – Page 248 of 385
Hearing Date: 9/18/2018
Hearing Type: Council
Item Number: 9-E
Project Name: Howry Lane Subdivision
Project Number: H-2018-0063
Signature Name Address City-State-Zip For Against Neutral I Wish To Testify Sign In Date/Time
Wendy Shrief JUB Engineers 250 Beechwood boise 83705 X X 9/18/2018 17:34
Marianne taylor 11193 hickory bark Boise idaho 83713 X 9/18/2018 17:51
Howry Lane Sub 1 Lot 3 Blk 4 – VAC H-2018-0063 - 1 -
STAFF REPORT
Hearing Date: September 18, 2018
TO: Mayor and City Council
FROM: Sonya Allen, Associate City Planner
(208) 884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Howry Lane Subdivision No. 1, Lot 3, Block 4 – VAC (H-2018-0063)
1. APPLICATION SUMMARY
The applicant, M3 Companies, LLC, requests approval to vacate northwesterly 5 feet of the existing
10 foot wide public utility easement on the southeasterly boundary of Lot 3, Block 4, Howry Lane
Subdivision No. 1.
2. STAFF RECOMMENDATION
Staff recommends approval of the subject vacation application.
3. PROPOSED MOTION
Approval
After considering all staff, applicant, and public testimony, I move to approve File Number H-2018-
0063 as presented in the staff report for the hearing date on September 18, 2018.
Denial
After considering all staff, applicant, and public testimony, I move to deny File Number H-2018-
0063, as presented during the hearing on September 18, 2018, for the following reasons: (You should
state specific reasons for denial.)
Continuance
After considering all staff, applicant, and public testimony, I move to continue File Number H-2018-
0063 to the hearing date of (insert continued hearing date here) for the following reason(s): (you
should state specific reason(s) for continuance)
4. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 12855 W. Auckland St., in the NE ¼ of Section 33, Township 3 North,
Range 1 East.
B. Owner(s):
SRS AZ Investors, LLC
4222 E. Camelback Rd., Ste. H100
Phoenix, AZ 85018
C. Applicant:
M3 Companies, LLC
1087 W. River Street, Ste. 310
Boise, ID 83702
Meridian City Council Meeting Agenda September 18, 2018 – Page 249 of 385
Howry Lane Sub 1 Lot 3 Blk 4 – VAC H-2018-0063 - 2 -
D. Representative:
Same as applicant
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information and the
application file for the applicable relinquishment approvals.
5. PROCESS FACTS
A. The subject application is a request to vacate a platted utility easement. Per Unified Development
Code Table 11-5A-2, the Director is the decision making body on vacation applications such as
this that are exempt per Idaho §50-1306A(5). However, it’s been previous policy that City
Council approves these requests at a public meeting.
6. LAND USE
A. Existing Land Use(s): The portion of the easement proposed to be vacated lies on a residential
building lot (Lot 3, Block 4), zoned R-8.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding area is
currently in the development process as a single-family residential subdivision, zoned R-8.
C. History of Previous Actions: The final plat depicting the portion of the easement proposed to be
vacated was recorded in 2017 (Bk. 112, Pg. 16284).
7. STAFF ANALYSIS
The applicant requests approval to vacate the northwesterly 5 feet of the existing 10-foot wide public
utility easement on the southeasterly boundary of Lot 3, Block 4, Howry Lane Subdivision No. 1 (see
legal description and exhibit map in Exhibit A.3). There are no existing utilities within the portion
proposed to be vacated. The easement holders (i.e. Cable One, Idaho Power, Intermountain Gas,
Century Link) have all submitted written consent agreeing to vacate a portion of the existing
easement as proposed.
The applicant states that during design of the project, a pressurized irrigation line was to be located
within the easement; the line has since been relocated and the 10 foot easement width is no longer
necessary. In order to provide more floorplan options, the applicant requests approval to vacate a
portion of the easement.
Staff recommends approval of the vacation application as proposed in Exhibit A.2.
9. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Recorded Plat Depicting Easement Proposed to be Vacated
3. Legal Description & Exhibit of Easement Proposed to be Vacated
4. Relinquishment Letters from Utility Easement Holders
Meridian City Council Meeting Agenda September 18, 2018 – Page 250 of 385
Howry Lane Sub 1 Lot 3 Blk 4 – VAC H-2018-0063 - 3 -
A. Drawings
1. Vicinity/Zoning Map
Meridian City Council Meeting Agenda September 18, 2018 – Page 251 of 385
Howry Lane Sub 1 Lot 3 Blk 4 – VAC H-2018-0063 - 4 -
2: Recorded Plat Depicting Easement Proposed to be Vacated
Meridian City Council Meeting Agenda September 18, 2018 – Page 252 of 385
Howry Lane Sub 1 Lot 3 Blk 4 – VAC H-2018-0063 - 5 -
3. Legal Description & Exhibit of Easement Proposed to be Vacated
Meridian City Council Meeting Agenda September 18, 2018 – Page 253 of 385
Howry Lane Sub 1 Lot 3 Blk 4 – VAC H-2018-0063 - 6 -
Meridian City Council Meeting Agenda September 18, 2018 – Page 254 of 385
Howry Lane Sub 1 Lot 3 Blk 4 – VAC H-2018-0063 - 7 -
4. Relinquishment Letters from Utility Easement Holders
Meridian City Council Meeting Agenda September 18, 2018 – Page 255 of 385
Howry Lane Sub 1 Lot 3 Blk 4 – VAC H-2018-0063 - 8 -
Meridian City Council Meeting Agenda September 18, 2018 – Page 256 of 385
Howry Lane Sub 1 Lot 3 Blk 4 – VAC H-2018-0063 - 9 -
Meridian City Council Meeting Agenda September 18, 2018 – Page 257 of 385
Howry Lane Sub 1 Lot 3 Blk 4 – VAC H-2018-0063 - 10 -
Meridian City Council Meeting Agenda September 18, 2018 – Page 258 of 385
Howry Lane Sub 1 Lot 3 Blk 4 – VAC H-2018-0063 - 11 -
Meridian City Council Meeting Agenda September 18, 2018 – Page 259 of 385
Howry Lane Sub 1 Lot 3 Blk 4 – VAC H-2018-0063 - 12 -
Meridian City Council Meeting Agenda September 18, 2018 – Page 260 of 385
City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 9F
Project File Number: H-2018-0074
Item Title: Whitecliffe Estates Subdivision
Public Hearing for Whitecliffe Estates Subdivision (H-2018-0074) by
4345 Linder Road, LLC Located at 943 W. McMillan Rd.
1. Request: Annexation and Zoning of 40.6 Acres of Land to the R-4 Zoning District; and
2. Request: Preliminary Plat Consisting of 128 Single Family Residential Lots and 10
Common Lots on Approximately 40.6 Acres of Land in the Proposed R-4 Zoning District
Meeting Notes:
rte✓
APPRO���
I TEM SHEET
C ouncil Agenda I tem - 8.F.
Presenter:
Estimated Time f or P resentation:
Title of I tem - Public Hearing for Whitecliffe E states Subdivision (H-2018-0074) by 4345
L inder Road, L L C Located at 943 W. M cM illan Rd.
C lic k Here for Applic ation Materials
C lic k Here to S ign Up to Tes tify at Hearing
C ouncil Notes:
AT TAC HM E NT S:
Description Type Upload D ate
S taff Report S taff Report 9/14/2018
Minutes from Planning and Z oning Commission B ackup Material 8/20/2018
RE V I E WE RS :
Department Reviewer Action D ate
Clerk.J ohnson, Chris Approved 9/14/2018 - 7:20 A M
Meridian City Council Meeting Agenda September 18, 2018 – Page 261 of 385
Hearing Date: 9/18/2018
Hearing Type: Council
Item Number: 9-F
Project Name: Whitecliffe Estates Subdivision
Project Number: H-2018-0074
Signature Name Address City-State-Zip For Against Neutral I Wish To Testify Sign In Date/Time
Jody McMillan 83646 X X 8/15/2018 8:41
Sam and Cindy Dorazio 1249 W Tida St MeridianID. 83646 X X 9/18/2018 18:21
1 | P a g e
Whitecliffe Estates Subdivision – H-2018-0074
STAFF REPORT
Hearing Date: September 18, 2018
TO: Mayor & City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Whitecliffe Estates Subdivision – H-2018-0074
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, 4345 Linder Road, LLC, has submitted an application for annexation and zoning (AZ)
of 40.6 acres of land with an R-4 zoning district; and a preliminary plat (PP) consisting of 128
building lots and 10 common lots on 40.6 acres of land for Whitecliffe Estates Subdivision.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of
approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on August 16, 2018. At the
public hearing, the Commission moved to recommend approval of the subject AZ and PP
requests.
a. Summary of Commission Public Hearing:
i. In favor: Becky McKay
ii. In opposition: Jody McMillan
iii. Commenting: Jody McMillan
iv. Written testimony: Richard Kepler
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. How this development will contribute to the overcrowding of the area schools.
c. Key Issues of Discussion by Commission:
i. Whether the direct access to McMillan should remain as part of the project.
ii. The appropriateness of connecting a pedestrian pathway to the common lot located in
the subdivision to the west.
d. Commission Change(s) to Staff Recommendation:
i. Modify condition 1.1.1A(1) to read as follows: Prior to the City Council hearing, the
applicant shall coordinate with the adjacent HOA to see if they are amenable to having
a pathway connection to their common lot.”
ii. Remove 1.1.1A(2)
iii. Remove 1.1.3A
iv. Remove 1.1.3F
v. Modify condition 1.2.1 to read as follows: Comply with all bulk, use, and development
standards of the R-4 zoning district listed in UDC Table 11-2-A-5.
e. Outstanding Issue(s) for City Council:
i. The applicant is requesting direct access to McMillan Road which is considered an
arterial road. Council approval is required to obtain access.
Meridian City Council Meeting Agenda September 18, 2018 – Page 262 of 385
2 | P a g e
Whitecliffe Estates Subdivision – H-2018-0074
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2018-
0074, as presented in the staff report for the hearing date of September 18, 2018, with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0074,
as presented during the hearing on September 18, 2018, for the following reasons: (You should state
specific reasons for denial)
Continuance
I move to continue File Number H-2018-0074 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 943 W. McMillan Road in the NW¼ of Section 36, Township 4N., Range
1W.
B. Owners:
Brinegar Investments, LLLP
P. O. Box 7156
Boise, ID 83707-1156
C. Applicant:
4345 Linder Road, LLC
13967 W. Wainright Drive, Suite 102
Boise, ID 83713
D. Representative:
Engineering Solutions, LLP
1029 N Rosario Street, Suite 100
Boise, ID 83642
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning and preliminary plat. A public hearing is
required before the Planning & Zoning Commission and City Council on this matter, consistent
with Meridian City Code Title 11, Chapter 5.
B. Newspaper notification published on: July 27, 2018 (Commission); August 31, 2018 (Council)
C. Radius notices mailed to properties within 300 feet on: July 20, 2018 (Commission); August 31,
2018 (Council)
D. Applicant posted notice on site(s) on: August 6, 2018 (Commission); September 7, 2018
(Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: The annexation area consists of agricultural property zoned
RUT in Ada County. There is a residence on the property and associated structures that will be
Meridian City Council Meeting Agenda September 18, 2018 – Page 263 of 385
3 | P a g e
Whitecliffe Estates Subdivision – H-2018-0074
removed as part of this project.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: W. McMillan Road and Single-family residential properties in Paramount
Subdivision, zoned R-4.
2. East: Single-family residential properties in Cedar Springs Subdivision, zoned R-4; and
undeveloped office lots, zoned L-O.
3. South: Single-family residential properties in Baldwin Park Subdivision, zoned R-4.
4. West: Single-family residential properties in Cobblefield Crossing Subdivision, zoned R-4.
C. History of Previous Actions: None
D. Utilities:
1. Location of sewer: Sewer is available to this property from existing sewer mainline stubs
installed in adjacent developments.
2. Location of water: Water is available to this property from existing water mainline stubs
installed in adjacent developments.
3. Issues or concerns: None.
E. Physical Features:
1. Canals/Ditches Irrigation: The Lemp Canal traverses the north boundary of the site. The
applicant is requesting that the canal be left open in accord with UDC 11-3A-6B.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: NA
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated “Medium Density Residential” and “Office” on the Comprehensive Plan
Future Land Use Map. Medium density residential areas are anticipated to contain between three and
eight dwellings per acre.
The most dominant land use designation on the property is medium-density residential, and the FLUM
Comprehensive Plan designations are not parcel specific. In this case because there is an undeveloped
office park on the east boundary, staff is of the opinion that additional office designated area is not
necessary, nor is the applicant proposing to add more office as part of this project.
The proposed preliminary plat includes 128 single-family lots on 40.6 acres for a total gross density of
3.15 dwelling units/acre and the net density is 4.03 dwelling units/acre which are both consistent with
the MDR land use designation.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
“Support a variety of residential categories (low-, medium-, medium-high
and high-density single-family, multi-family, townhouses, duplexes,
apartments, condominiums, etc.) for the purpose of providing the City
with a range of affordable housing opportunities.” (3.07.01E)
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The proposed single-family dwellings will contribute to the variety of housing types available
within the City.
“Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City.” (3.01.01F)
City services are available and will be extended by the developer to the proposed lots upon
development of the site in accord with UDC 11-3A-21.
“Require common area in all subdivisions.” (3.07.02F)
The proposed plat depicts a total of 4.78 acres (or 10.05%) of qualified open space in accord
with the requirements listed in UDC 11-3G-3.
“Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets). (3.03.020)
As part of the proposed project, the applicant is proposing to extend 4 stub streets, one from
the Cedar Springs Subdivision to the east, one from the Baldwin Park Subdivision to the
south and two from the Cobblefield Crossing subdivision to the west.
“Support infill of vacant lots in substantially developed, single-family areas at densities
similar to surrounding development.” (3.07.02I)
The subject property is adjacent to existing medium density homes and similar lot sizes exist
to the north, south, east and west. The overall density for the project falls within the
parameters of the MDR land use designation and the surrounding residential developments.
“Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system.” (3.03.03B)
The applicant is proposing 5-foot attached internal sidewalks and a 5-foot detached sidewalk
along W. McMillan Road. The proposed sidewalks will connect to existing sidewalks to the
north, south, east and west.
“Reduce the number of existing access points onto arterial streets by using methods such as
cross access agreements, access management and frontage/backage roads.” (3.03.02N)
The submitted plat depicts one access point to W. McMillan Road. Staff is of the opinion that
direct access to W. McMillan Road is not warranted in this instance due to the ample access
though the four (4) stub streets.
The proposed access to W. McMillan is predicated on Council’s approval.
“Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc.” (3.05.02C)
Street buffer landscaping is required adjacent to W. McMillan Road in accord with the
standards listed in UDC 11-3B-7C. Separate permits shall be obtained for fencing in
compliance with the standards listed in UDC 11-3A.
“Coordinate with public works, police, and fire departments on proposed annexation and
development requests, and the impacts on services.” (3.04.01H)
Staff has coordinated with public works, police and fire and has incorporated their comments
and conditions in this report.
“Ensure development provides safe routes and access to schools, parks and other community
gathering places.” (3.07.02N)
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The applicant is proposing to construct the entire frontage of W. McMillan Road with the
first phase of development.
“Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system.” (3.03.03B)
In order to link subdivisions together, staff is of the opinion that a micropath lot should be
included in the plat to connect to the Cobblefield Crossing Subdivision to the west. The
micropath lot should be located between Lots 5 and 6 of Block6 and the applicant shall
coordinate witht that HOA in order to link the pathways together.
For the above stated reasons, staff finds the proposed project is consiste nt with the goals and
objectives in the Comprehensive Plan.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian comprehensive plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-5 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single-
family attached dwellings is a principal permitted use in the R-4 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Tables 11-2A-5 for the R-4 zoning district.
D. Landscaping:
Street buffer landscaping shall be installed in accordance with the standards listed in UDC
Tables 11-2A-5 and UDC 11-3B-7C for the R-4 zoning district.
Per UDC 11-3G-3, the plat is required to provide 10 percent open space and one amenity for
every 20 acres of development area.
E. Subdivision Design and Improvement Standards: The subdivision must comply with the
subdivision design standards outlined in UDC 11-6C-3.
F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Annexation & Zoning
The applicant has applied for annexation and zoning of 40.6 acres of land with an R-4 zoning
district. As discussed above in Section VII, staff believes the proposed zoning designations are
consistent with the policies in the Comprehensive Plan.
The applicant proposes to develop 128 new single-family residential detached homes on 40.6
acres of land as shown on the preliminary plat included in Exhibit A.2.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed. The property is contiguous to land that has been annexed
into the City and is within the Area of City Impact boundary.
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The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this
application, staff recommends a DA as a provision of annexation with the provisions included in
Exhibit B.
2. Preliminary Plat
The proposed plat consists of 128 building lots and 10 common lots on 40.6 acres of land in a
proposed R-4 zoning district (see Exhibit A.2). The property is proposed to develop in 3 phases,
(see Exhibit A.2). The gross density for the subdivision is 3.15 d.u./acre. The minimum lot size is
8,000 square feet, with an average of 9,178 square feet. The applicant shall provide a revised plat
that graphically depicts the 50-foot Lemp Canal easement and the 60-foot Idaho Power easement.
Dimensional Standards: Development of this site is required to comply with the dimensional
standards listed in UDC 11-2A-3 and Table 11-2A-5 for the R-4 district. Staff has reviewed the
proposed plat and with the exception of Lot 10, Block 1 which doesn’t meet the minimum lot size
for the R-8 zoning district, has found it to be in compliance with those standards.
Existing Structures: There is an existing residence and associated structures that the applicant is
proposing to remove from the property as part of this project .The applicant shall remove the
structures prior to approval of the first final plat.
Block Length: The plat is required to comply with the block length standards listed in UDC 11-
6C-3F. Staff has reviewed the proposed plat and has concerns with the block length along
the north side of Loretta Street. That block face measures approximately 1,000 feet and
code allows this length if a pedestrian pathway is provided as it is in this case. Although the
proposal meets the requirements of the UDC, staff has concerns with the long, straight
roadway and believes that the applicant should incorporate traffic calming measures into
the road design.
Access: The applicant is requesting an exemption from Council to allow for direct access to W.
McMillan Road. The applicant is also proposing to provide access from the extension of four (4)
other stub streets to the surrounding subdivisions. Staff is not in support of the direct access to W.
McMillan Road because of the ample access to the site from the four (4) existing stub streets.
Streets: The applicant is proposing public roads throughout the development. The public roads
are a 33 foot road section with rolled curbs within a proposed 50 foot right-of-way.
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The
applicant proposes to construct attached sidewalks throughout the development, and a detached
sidewalk along W. McMillan Road in accord with UDC standards.
Common Driveways: Two common driveways are proposed in the development and are required
to be constructed in accord with the standards listed in UDC 11-6C-3D.
The UDC (11-6C-3E.7) requires any plats using a common driveway to depict the setbacks,
building envelope, and orientation of the lots and structure that are accessed via a common
driveway on the preliminary plat and/or as an exhibit with the final plat application.
A perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which
shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles
and equipment, for the common driveways.
Landscaping: A landscape plan was submitted with this application for the area proposed to be
platted as shown in Exhibit A.3.
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A 25-foot wide street buffer is required along W. McMillan Road, an arterial street, per UDC
Table 11-2A-6 and is required to be landscaped in accord with the standards listed in UDC 11-
3B-7C. The buffer width along W. McMillan Road should be measured from the back of
curb per UDC 11-3B-7C.1a (2); or, the ultimate curb location as determined by ACHD if
future road widening is anticipated; revise plans accordingly.
The section of the common lot adjacent to McMillan Road is approximately 60-feet wide due to
the 50-foot wide Lemp Canal and the 60-foot wide Idaho Power easements. On the submitted
landscape plan, the applicant is proposing to install a 25-foot wide landscape buffer with the
required trees. Since the required trees will be in close proximity to the overhead power lines,
UDC 11-3B-5J requires the installation of class 1 trees only. Prior to the Planning and Zoning
Commission meeting, the application must submit a revised landscape plan that shows the class 1
trees only.
Along W. McMillan Road, the applicant shall provide a 10 foot compacted gravel shoulder from
the edge of pavement and shall landscape the remainder with lawn or vegetative ground cover in
accord with UDC 11-3B-7C.
Landscaping within the common areas is required in accord with the standards listed in UDC 11-
3G-3E.
Micropath(s): In order to link subdivisions together, staff is of the opinion that a micropath lot
should be included in the plat to connect to the Cobblefield Crossing Subdivision to the west. The
micropath lot should be located between Lots 5 and 6 of Block 6 and the applicant shall
coordinate with Cobblefield Crossing HOA in order to link the pathways together.
Ditches, Laterals, and Canals: The Lemp Canal transverses the north property. Per UDC 11-
3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways
being used as amenities, which intersect, cross or lie within the area being subdivided sh all be
covered. The applicant is seeking a waiver from Council to allow the Lemp Canal to remain un -
tiled due to the size of the facility as allowed under UDC 11-3A-6A3b.
The Lemp Canal crosses a large number of parcels on the south side of W. McMillan Road.
This is the last piece on the south side of McMillan to develop and it is unclear whether the
Settlers Irrigation District will require a 20 foot wide access drive on the south side of the
Lemp Canal. The applicant has not indicated an access road on their landscape plan, nor
have they included comments in their narrative. The Settlers Irrigation District has not
submitted comments on this application, so staff is unsure if an access road will be required.
If an access road is required, it will greatly impact the site design. Prior to the Planning and
Zoning Commission, the applicant shall obtain some indication from the Settlers Irrigation
District on their plans for an access road along the Lemp Canal.
Tree Mitigation: If there are existing trees on the site that are proposed to be removed, the
applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to
confirm mitigation requirements prior to removal of any trees on the site. The applicant shall
submit a tree mitigation plan with the final plat application.
Open Space: A minimum of 10% qualified open space is required to be provided for this
development in accord with UDC 11-3G-3A.1. Based on the area of the preliminary plat (40.6
acres), a minimum of 4.06 acres of qualified open space is required to be provided as set forth in
UDC 11-3A-3B. A total of 4.78 acres (or 10.05%) of qualified open space is proposed consisting
of ½ the street buffer along W. McMillan Road, and internal common open space areas which
appear to comply with this requirement.
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Site Amenities: All developments consisting of five acres of more are required to provide a
minimum of one site amenity; one additional site amenity is required for each additional 20 acres
per UDC 11-3G-3A.2, in accord with the standards listed in UDC 11-3G-3C. Based on the area of
the preliminary plat (40.6 acres), staff requires a minimum of 2 qualified site amenities be
provided. The applicant proposes to provide a children’s play structure, internal pathways and a
shuffleboard court as amenities for the subdivision. As proposed the amenities meet the
requirements of the UDC.
Fencing: All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7.
The applicant shall construct fencing as proposed.
Utilities: All development is required to connect to the City water and sewer system unless
otherwise approved by the City Engineer in accord with UDC 11-3A-21.
Street lighting is required to be installed within the development in accord with the City’s
adopted standards, specifications and ordinances.
Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in
the subdivision as proposed in accord with UDC 11-3A-15.
Storm Drainage: A storm drainage system is required for the development in accord with the
City’s adopted standards, specifications and ordinances. Design and construction shall follow best
management practice as adopted by the City in accord with UDC 11-3B-11.
Open Water Ponds: As proposed the pond meets the requirement s of an amenity as set
forth in UDC 11-3G-3 as it is under the 25% threshold will have recirculated water as it is
for irrigation water. The applicant shall provide details of the pond with submission of the
final plat application.
Building Elevations: The applicant has submitted some conceptual sample building elevations
for future homes in this development, included in Exhibit A.4. Building materials appear to
consist of a mix of stucco and stone with architectural shingles.
The applicant shall comply with the submitted home elevations attached in Exhibit A.4. The
rear and/or side of structures that face arterial or collector streets (Lots 3-10 of Block 2, and
Lots 3-11 of Block 1), shall incorporate articulation through changes in two or more of the
following: modulation (e.g. – projections, recesses, step-backs, pop-outs), bays, banding,
porches, balconies, material types, or other integrated architectural elements to break up
monotonous wall planes and roof lines that are visible from the subject public street. Single-
story structures are exempt from this requirement.
Design Review (DES): A DES application is required to be submitted prior to issuance of
building permits for the single family attached homes. The applicant must comply with the design
standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual.
Prior to the Planning and Zoning Commission hearing, the applicant shall revise the plat in
the following ways:
The applicant shall add a micropath between Lots 5 and 6 of Block 6 and shall work with
the Coblefield Crossing HOA to connect the pathways.
The applicant shall replace the proposed road access to W. McMillan Road with a
pedestrian connection that meets the requirements of UDC 11-3A-8 and UDC 11-3B-12.
The applicant shall incorporate traffic calming in the design of W. Loretta Street.
Lot 10 of Block 1 shall be a minimum of 8,000 square feet in accord with UDC 11-2A-5.
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In summary, Staff recommends approval of the proposed annexation and preliminary plat request
for this site with a development agreement and the recommended conditions listed in Exhibit B of
this report in accord with the Findings contained in Exhibit D.
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X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Preliminary Plat and phasing plan (dated: 5/23/2018)
3. Proposed Landscape Plan (dated: 5/14/2018)
4. Conceptual Building Elevations
B. Agency & Department Comments/Conditions
C. Legal Description & Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
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A. Drawings
1. Vicinity Map
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2. Proposed Preliminary Plat (dated: 5/23/2018)
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3. Proposed Landscape Plan (dated; 5/14/2018)
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4. Conceptual Building Elevations
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B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DIVISION
1.1 Site Specific Conditions of Approval
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer. A final
plat application shall not be submitted to City until the agreement is executed.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
City within six (6) months of the City Council granting annexation. The DA shall, at minimum,
incorporate the following provisions:
a. Prior to the Planning and Zoning Commission hearing, the applicant shall revise the plat in
the following ways:
The applicant shall add a micropath between Lots 5 and 6 of Block 6 and shall work with
the Cobblefield Crossing HOA to connect the pathways. Prior to the City Council
hearing, the applicant shall coordinate with the adjacent HOA to see if they are
amenable to having a pathway connection to their common lot.”
The applicant shall replace the proposed road access to W. McMillan Road with a
pedestrian connection that meets the requirements of UDC 11-3A-8 and UDC 11-3B-12.
The applicant shall incorporate traffic calming in the design of W. Loretta Street.
Lot 10 of Block 1 shall be a minimum of 8,000 square feet in accord with UDC 11-2A-5.
b. Future development of this site shall be generally consistent with the preliminary plat and
building elevations depicted in Exhibit A and the revisions noted in the staff report.
c. The applicant shall comply with the submitted home elevations attached in Exhibit A.4. The
rear and/or side of structures that face arterial or collector streets (Lots 3-10 of Block 2, and
Lots 3-11 of Block 1), shall incorporate articulation through changes in two or more of the
following: modulation (e.g. – projections, recesses, step-backs, pop-outs), bays, banding,
porches, balconies, material types, or other integrated architectural elements to break up
monotonous wall planes and roof lines that are visible from the subject public street. Single-
story structures are exempt from this requirement.
d. The site shall develop with a minimum of 10.05% open space (4.78 acres) and shall include
the following amenities: a children’s play structure, an internal pathway system and a shuffle
board court.
e. Lot 1, Block 3 with its associated amenities shall be constructed with the first phase of the
development.
f. The 5-foot detached sidewalk and 25 foot landscape buffer along W. McMillan Road shall be
constructed with the first phase of development.
g. The applicant shall remove the existing home prior to approval of the first final plat.
1.1.2 The preliminary plat included in Exhibit A.2, dated 5/23/2018, shall be revised as follows:
a. All properties that abut a common driveway shall take access from the driveway; however, if
an abutting property has the required minimum street frontage, that property is not required to
take access from the common driveway. In this situation, the abutting property's driveway
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shall be on the opposite side of the shared property line; away from the common driveway.
Solid fencing adjacent to common driveways shall be prohibited, unless separated by a
minimum five foot (5') wide landscaped buffer.
Lots 9 and 10, Block 2 shall take access from common driveway as proposed. Since Lot
12 and Lot 8 Block 1 do not take access from the common drive, the lots are required to
comply with UDC 11-6C-2(D).
Lots 3 and 5, Block 10 shall take access from common driveway as proposed.
Since Lot 2 and Lot 6 Block 10 do not take access from the common drive, the lots
are required to comply with UDC 11-6C-2(D).
b. An exhibit depicting the setbacks, building envelope and orientation of lots and structures
shall be submitted a future final plat application. Include note on the final plat that addresses
access across the lots and the responsible party for maintenance of the common driveway and
5-foot wide landscape buffer.
c. Prior to the Planning and Zoning Commission, the applicant shall provide a revised plat and
landscape plan that depicts the required 50-foot wide Lemp Canal easement and the 60-foot
wide Idaho Power easement.
d. As shown on the plat, Lot 10, Block 1 does not meet the minimum lot size requirements of
UDC 11-2A-5. Prior to the Planning and Zoning Commission, the applicant shall revise the
plat and landscape plan to comply with the UDC.
1.1.3 The landscape plan included in Exhibit A.3, dated 5/14/2018, shall be revised as follows:
a. The buffer width along W. McMillan Road shall be measured from the back of curb per UDC
11-3B-7C.1a(2); or, the ultimate curb location as determined by ACHD if future road
widening is anticipated; revise accordingly.
b.a. If there are any existing trees on the site that are to be removed, the applicant should contact
Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation
requirements prior to removal of any trees on the site. Any existing trees proposed to be
retained on-site shall be noted on the landscape plan submitted with a final plat application.
c.b. Prior to the Planning and Zoning Commission meeting, the application shall submit a revised
landscape plan that reflects the requirement that all trees within the 60 –foot Idaho Power
easement be class 1 trees only.
d.c. Along W. McMillan Road, the applicant shall provide a 10 foot compacted gravel shoulder
from the edge of pavement and shall landscape the remainder of the right-of-way with lawn
or vegetative ground cover in accord with UDC 11-3B-7C.
e.d. The applicant shall provide details of the proposed pond with submission of the final
plat application.
f. Prior to the Planning and Zoning Commission, the applicant shall receive approval from the
Settlers Irrigation District and Idaho Power on the proposed landscape improvements within the
dedicated easement area.
g.e. Prior to the Planning and Zoning Commission, the applicant shall provide information from the
Settlers Irrigation District on whether or an access road on the south side of the Lemp Canal is a
requirement of this plat. If an access road is required, the applicant shall revise the landscape plan
to comply with UDC 11-3B-7.
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1.1.4 The applicant shall comply with all condition of the Ada County Highway District.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-48 zoning district listed in UDC
Table 11-2-A-5.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C.
1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C.
1.2.9 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5
and 11-3B-7C.
1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, driveways, common driveways, easements, blocks,
street buffers, and mailbox placement.
1.2.11 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3 Ongoing Conditions of Approval
1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
1.3.2 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-3G-3F1.
1.3.3 The project is subject to all current City of Meridian ordinances.
1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
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1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with
UDC 11-5C-3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C2.
1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B-
7B (if applicable).
1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension
as set forth in UDC 11-6B-7.
1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAL
2.1.1 A street lighting plan will be required with the submittal of development plans. Plan
requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at
http://www.meridiancity.org/public_works.aspx?id=272
2.1.2 This development coincides with the 1/2 mile grid, which would normally require 12-inch water
main, however upsizing of water main at this location is not required.
2.1.3 The southern most storm water seepage bed located in Lot 10, Block 5 shall be relocated to the
east to avoid crossing the proposed sewer mainline crossing this lot.
2.2 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover
from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to development plan approval.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
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well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and
possible reassignment of street addressing to be in compliance with MCC.
2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
road base approved by the Ada County Highway District and the Final Plat for this subdivision
shall be recorded, prior to applying for building permits.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance surety
for such improvements in order to obtain City Engineer signature on the final plat as set forth in
UDC 11-5C-3B.
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
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or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy
of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
3. POLICE DEPARTMENT
3.1 The Police Department has no comment on this application.
4. FIRE DEPARTMENT
4.1 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000
gallons per minute for a duration of 2 hours to service the entire project. One and two family
dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B
of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C
of the International Fire Code.
4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10’.
f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and
48’ outside, per International Fire Code Section 503.2.4.
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4.4 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and
have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000
GVW, per International Fire Code Section 503.2.
4.5 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an
imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D
Section D103.6 Signs.
4.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.7 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments on this application.
6. PARKS DEPARTMENT
6.1 The Parks Department has no comment on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 SITE SPECIFIC CONDITIONS OF APPROVAL
7.1.1 Improve McMillan Road with additional pavement widening to total 17-feet of pavement from
centerline plus a 3-foot wide gravel shoulder abutting the site.
7.1.2 Construct a westbound left-turn lane on McMillan Road at the Buckstone/McMillan intersection.
7.1.3 Construct a 5-foot wide concrete sidewalk on the south side of the canal along McMillan Road
abutting the site and tie into existing improvements west and east of the site.
7.1.4 Provide a permanent right-of-way easement to 2-feet behind back of sidewalk for any public
sidewalk placed outside of the dedicated right-of-way.
7.1.5 Close the existing residential driveway on McMillan Road, located 496-feet west of the east
property line with 5-foot wide concrete sidewalk.
7.1.6 Continue the four stub streets into the site and construct the internal streets as 33-foot street
sections with curb, gutter, and attached 5-foot wide sidewalk within 47-feet of right-of-way.
7.1.7 Redesign the Bird Wing Drive onto Buckstone Avenue intersection to meet District policy.
7.1.8 Construct a new local street, Buckstone Avenue onto McMillan Road, located 710-feet west of
Fox Run Way and 640-feet from the east property line from the site.
7.1.9 Construct the internal local streets with minimum 125-foot offset.
7.1.10 Provide traffic calming on McKinley Park Avenue, Loretta Street, and Bryce Canyon Avenue.
7.1.11 Submit the bridge plans for the crossing of the Lemp Canal (Buckstone Avenue) for review and
approval prior to the pre-construction meeting and final plat approval.
7.1.12 McMillan Road is classified as a minor arterial roadway; direct lot access is prohibited to this
roadway and should be noted on the final plat.
7.1.13 Payment of impact fees is due prior to issuance of a building permit.
7.1.14 Comply with all Standard Conditions of Approval.
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7.2 STANDARD CONDITIONS OF APPROVAL
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way
(including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant’s authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
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C. Legal Description & Exhibit Map for Annexation Boundary
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D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to annex the subject 40.6 acre property with an R-4 zoning
district and develop 128 new single-family residential homes. Commission finds that the
proposed map amendment complies with the provisions of the Comprehensive Plan and
should be compatible with adjacent residential uses (see section VII above for more
information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Commission finds that the proposed map amendment to the R-4 zoning district is consistent
with the purpose statement for the residential districts as detailed in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Commission finds that the proposed zoning map amendment will not be detrimental to the
public health, safety, or welfare. City utilities will be extended at the expense of the applicant.
Commission recommends that the Council consider any oral or written testimony that may be
provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
Commission finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
Commission finds annexing this property with an R-4 zoning district is in the best interest of
the City if the applicant revises the plat per staff’s recommendation and enters into a
development agreement.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
Commission finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation. Please see
Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information.
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b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Commission finds that public services will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City’s capital improvement program;
Because City water and sewer and any other utilities will be provided by the development
at their own cost, Commission finds that the subdivision will not require the expenditure
of capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
Commission recommends the Council rely upon comments from the public service
providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for
more detail.)
e. The development will not be detrimental to the public health, safety or general
welfare; and
Commission is not aware of any health, safety, or environmental problems associated
with the platting of this property that should be brought to the Council’s attention.
ACHD considers road safety issues in their analysis. Commission recommends that the
Council consider any public testimony that may be presented when determining whether
or not the proposed subdivision may cause health, safet y or environmental problems of
which Commission is unaware.
f. The development preserves significant natural, scenic or historic features.
Commission is unaware of any significant natural, scenic or historic features that
exist on this site.
Meridian City Council Meeting Agenda September 18, 2018 – Page 288 of 385
WHITECLIFFE ESTATES SUBDIVISION
SEPTEMBER 18, 2018
MERIDIAN CITY COUNCIL
Public Hearing
Whitecliffe Estates Subdivision – Vicinity Map
Whitecliffe Estates – Aerial View
Whitecliffe Estates – Landscape Plan
Whitecliffe Estates – AMENITIES
A total of 4.11 acres of open space (10.12%
of project area)
Landscaped entrance parkway and
pedestrian pathways
Central common area
Playground equipment
Picnic gazebo
Pond
Second pocket park w/yard shuffleboard
Whitecliffe Estates – Landscape Plan
Whitecliffe Estates – Landscape Plan
Whitecliffe Estates – Preliminary Plat
Whitecliffe Estates – Sample Elevation
Whitecliffe Estates – Sample Elevation
Whitecliffe Estates – Sample Elevation
Whitecliffe Estates – Landscape Plan
Cobblefield
Private
Pathway
City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 9G
Project File Number: H-2018-0042
Item Title: Timber Creek Recycling
Public Hearing Continued from July 17, 2018 for Timber Creek
Recycling (H-2018-0042) by Michael Murgoitio located at 7965 S.
Locust Grove Rd.
Request: Amendment to the Development Agreement to include the following: expansion of the
existing recycling business to allow a commercial composting component; recycling of
additional materials (i.e. food waste, garden waste, demolition debris, and other materials in
the same category); utilization of equipment (i.e. loaders, excavators, conveyors, trommels,
hopper boxes, air systems/compressors, generators, windrower, crusher, grinder, watering
trucks, loaders, graders, tractors with implements, fork lifts and other heavy equipment) and
activities (i.e. crushing, grinding, screening, windrowing, unloading/unloading trucks, etc.)
necessary for composting; modification of the property to include a weather station, scale
house, bathroom with a septic system, storage shed (approximately 40' x 8'), leaching ponds
and berms; parking of delivery trucks and heavy equipment; and marketing and sale of
processed recycling materials including but not limited to mulch, compost, bark, playground
chips, sand, stone, etc.
Meeting Notes:
U✓ APPROM
�Ort/T -
� -tv J /O
I TEM SHEET
C ouncil Agenda I tem - 8.G.
Presenter: S onya Allen
Estimated Time f or P resentation:
Title of I tem - Public Hearing Continued from J uly 17, 2018 for T imber C reek Recycling (H-
2018-0042) by M ichael M urgoitio located at 7965 S . Locust Grove Rd.
C lic k Here for Applic ation Materials
C lic k Here to S ign Up to Tes tify at Hearing
C ouncil Notes:
AT TAC HM E NT S:
Description Type Upload D ate
S taff Memo to Council Cover Memo 9/12/2018
P roposed D A / C lean A greements / C ontracts 9/14/2018
P roposed D A w/ Redline A greements / C ontracts 9/14/2018
S taff Report f rom J uly 17 S taff Report 9/14/2018
RE V I E WE RS :
Department Reviewer Action D ate
Clerk.Coles, C.J ay Approved 9/14/2018 - 10:31 A M
Meridian City Council Meeting Agenda September 18, 2018 – Page 307 of 385
Hearing Date: 9/18/2018
Hearing Type: Council
Item Number: 9-G
Project Name: Timbercreek Recycling
Project Number: H-2018-0042
Signature Name Address City-State-Zip For Against Neutral I Wish To Testify Sign In Date/Time
Brenda Blitman 8460 South Locust Grove Meridian ID 83642 X X 9/17/2018 14:19
Paul Winward 8291 S. Locust Grove Rd Meridian ID 83642 X X 9/17/2018 18:00
Zeljko Mijatovic 12619 W. Horsham Dr Boise ID 83709 X 9/17/2018 18:02
Jennifer Mijatovic 12619 W Horsham Dr Boise ID 83709 X 9/17/2018 18:03
Christi Horton 2291 E. Hubbard Road Kuna X 9/17/2018 19:03
Scott Horton 2291 E. Hubbard Road Kuna X 9/17/2018 19:03
Robert Wood 2223 E. Hubbard Road Kuna X 9/17/2018 19:04
Judy Wood 2223 E. Hubbard Road Kuna X 9/17/2018 19:04
Derek Olson 7181 S. Widgi Ave. Boise ID 83708 X 9/17/2018 19:21
Victoria Olson 7181 S. Widgi Ave. Boise Idaho 83709 X 9/17/2018 19:23
Michelle Gonzalez X 9/17/2018 19:25
Jordan Edgar 1410 E Gravel Lane Meridian ID 83642 X 9/17/2018 19:31
Gary Olsen 748 E Vivid Sky Dr Meridian ID 83642 X 9/17/2018 19:37
Kathy Klouda 12518 W Orion Greens Boise ID 83709 X 9/17/2018 19:42
Tanner Hoseley 820 W Woodbury Drive Meridian ID 83646 X 9/17/2018 19:43
Thane Beckstead 7260 S Culbertson Way Boise Idaho 83709 X 9/17/2018 19:46
Nan Headrick Meridian X 9/17/2018 19:46
Sally Hughes 12572 W HiddenValley Dr Boise Id 83709 X 9/17/2018 19:46
Tana Olsen 748 E Vivid Sky Dr Meridian ID 83642 X 9/17/2018 19:50
Tiffany Hyatt 7175 S Culbertson Way Boise ID 83709 X 9/17/2018 19:50
Bret A Nedrow 12474 W Heatherhills St Boise ID 83709 X 9/17/2018 19:52
Dimitri Gonzalez 8201 s Cloverdale rd.Meridian ID 83709 X 9/17/2018 19:52
Mikaella woods 12507 w heatherhills st Boise Idaho 83709 X 9/17/2018 19:53
Amy Shinsel X 9/17/2018 19:56
Heidi Woodward 7348 S Shadowmoss Ave Boise ID 83709 X 9/17/2018 19:57
Lynelle Socha 8401 S Cloverdale Road Boise ID 83709 X 9/17/2018 20:04
Brian Socha 8401 S. Cloverdale Rd.Boise Idaho 83709 X X 9/17/2018 20:06
Charlotte Jean 806 E. Mona Lisa Street Meridian ID 83642 X 9/17/2018 20:29
Chelsi Chapman 740 E Columbia Rd Meridian ID 83642 X 9/17/2018 20:49
PJ Chapman 740 E Columbia Rd Meridian ID 83642 X 9/17/2018 20:50
Sydona Chapman 740 E Columbia Rd Meridian ID 83642 X 9/17/2018 20:51
Carlos Diaz Pinto 1143 E Wrightwood Dr Meridian Idaho 83642 X 9/17/2018 20:58
Jackie Schweitzer 574 E. Radiant Ridge St Meridian ID 83642 X 9/17/2018 21:25
Robin Schweitzer 574 E. Radiant Ridge St Meridian ID 83642 X 9/17/2018 21:26
Alex Volkov 8565 s cloverdale rd Boise id 83709 X 9/17/2018 21:47
William J McCarthy 7048 S Shadow Moss Avenue Boise X 9/17/2018 21:53
Peter Purchase 3887 S Shimmering Way Meridian ID 83642 X 9/17/2018 22:02
Sebastien Jean 806 E Mona Lisa St Meridian ID 83642 X 9/17/2018 22:25
Cheri Tarlini 808 E Reflect Ridge Dr Meridian ID 83642 X 9/17/2018 22:35
John Sengenberger 808 E Reflect Ridge Dr Meridian X 9/17/2018 22:35
Rena Tarlini 808 E Reflect Ridge Dr Meridian ID 83642 X 9/17/2018 22:35
Erika Aragona 624 E Vivid Sky Drive Meridian ID 83642 X 9/18/2018 6:09
Tina Visser Meridian X 9/18/2018 7:59
Debra Boido 718 E Reflect Ridge Dr Meridian Idaho 83642 X 9/18/2018 8:28
Parker Allen 775 E. Columbia Rd Meridian X 9/18/2018 14:24
Vikki Reynolds 7838 S. TRANQUILITY LN MERIDIAN X X 9/18/2018 14:44
Barbara Berlat bberlat@gmail.com Meridian ID 83642 X 9/18/2018 14:44
Christine Herwy 2373 East Taconic Dr.Meridian ID 83642 X X 9/18/2018 14:45
Debbie Brain 2389 Taconic Drive Meridian ID 83642 X 9/18/2018 15:18
Khristie Bair 2156 E. Melwood St.Meridian ID 83642 X 9/18/2018 15:28
Beverly Emmert 7180 Bowmont Rd Nampa X 9/18/2018 15:43
Chris Emmert X 9/18/2018 15:45
Kelli Wetzel 686 E Vivid Sky Dr Meridian ID 83642 X 9/18/2018 15:50
Roxanne Berheim X 9/18/2018 15:53
Heidi Allen 2436 E. Cyanite Dr.Meridian ID 83642 X 9/18/2018 15:56
Bryce Alexander Allen 775 E. Columbia Rd Meridian Idaho 83642 X 9/18/2018 16:06
Sarah Litchfield 2540 Pine Shadows Drive Huntsville Texas 77320 X 9/18/2018 16:07
Matthew Pond 2069 E Mores Trail Rd Meridian X 9/18/2018 16:09
Brandi Thomas 1715 E Columbia Rd Meridian Id 83642 X 9/18/2018 16:15
Cody Thomas 1715 E Columbia Rd Meridian Id 83642 X 9/18/2018 16:16
Keith Green 1715 E Columbia Rd Meridian Id 83642 X 9/18/2018 16:16
Sally Briceno 1715 E Columbia Rd Meridian Id 83642 X 9/18/2018 16:16
Heather Spencer X 9/18/2018 16:18
Tim Spencer X 9/18/2018 16:18
Gary Benscoter X 9/18/2018 16:19
Timothy Kash 600 E Columbia Rd Meridian ID 83642 X 9/18/2018 16:22
Joan Kash 600 E Columbia rd Meridian ID 83642 X 9/18/2018 16:22
Lee Britt 8250 S Jardine Ln Id. 83642 X 9/18/2018 16:28
Kathleen Britt 8250 S Jardine Ln Id 83642 X X 9/18/2018 16:29
John Patton-Moffett X 9/18/2018 16:29
Nicholas Patton-Moffett X 9/18/2018 16:29
Ashlie Olson X 9/18/2018 16:30
Courtney Britt 8250 S Jardine Ln Id 83642 X 9/18/2018 16:30
Karyn Moffett X 9/18/2018 16:30
James Roy-Alan Baugh 83716 X X 9/18/2018 16:31
Peter Denniston 2238 E Mores Trail Drive Meridian ID 83642 X 9/18/2018 16:34
Susan Denniston 2239 E Mores Trail Drive Meridian X 9/18/2018 16:41
Robert Brain 2389 E. Taconic Drive Meridian ID 83642 X 9/18/2018 16:42
Rhonda Mason 7884 Tranquility Lane Meridian ID 83642 X 9/18/2018 16:43
Cliff and Pat Looney 2269 Hyper Dr. E Meridian X 9/18/2018 16:46
Andrea Tlucek 5866 S Graphite Way Meridian Idaho X 9/18/2018 16:47
Greg Ferch X 9/18/2018 16:52
Quinet Boone 7975 Tranquility Lane Meridian ID 83642 X 9/18/2018 16:53
Rodney D Boone 7975 Tranquility ln Meridian X 9/18/2018 16:53
Jordan Mason 7884 Tranquility Lane Meridian ID 83642 X 9/18/2018 16:53
Charles Ward X 9/18/2018 16:57
Lola Ward X 9/18/2018 16:58
Brittany Boone X 9/18/2018 16:58
Haley Boone X 9/18/2018 16:59
Allison Dawson X 9/18/2018 17:00
Larry Dawson X 9/18/2018 17:02
Ronald Goodwin 1088 E Gravel Ln Meridian ID 83642 X 9/18/2018 17:07
Jason Britt 8250 S Jardine Ln Id 83642 X 9/18/2018 17:09
Teresa Hiestand Meridian ID 83642 X 9/18/2018 17:17
Meghan Goodwin 1088 E Gravel Ln Meridian ID 83642 X 9/18/2018 17:20
Billyjean Black 1715 E Columbia Rd Meridian Id 83642 X 9/18/2018 17:34
Quinn Black 1715 E Columbia Rd Meridian Id 83642 X 9/18/2018 17:34
Brett Morgan Bfm_22@hotmail.com Meridian ID 83642 X X 9/18/2018 17:35
Lisa Broderick 2331 e Lodge Trail Dr 83642 X X 9/18/2018 17:41
Terry Tate 509 E Whiskey Flats St Meridian ID 83642 X 9/18/2018 17:43
Robin Connor 250 W Galvani Dr Meridian ID 83642 X 9/18/2018 17:43
Shannon Gower 2298 S Bear Claw Way Meridian ID 83642 X 9/18/2018 17:45
David Gower 2298 South Bear Claw Way Meridian ID 83642 X 9/18/2018 17:45
Tony Broderick 2331 E Lodge Trail Dr Meridian ID 83642 X 9/18/2018 17:48
Wayne gearhard 7850 s gearhard lane Meridian idaho 83642 X X 9/18/2018 17:49
Janet gearhard 7850 Gearhard Lane Meridian idaho 83642 X 9/18/2018 17:49
Monte Anderson 1730 Suzan Drive Meridian Idaho 83642 X 9/18/2018 17:50
Angie Rossi 2359 E Mores Trail Dr.Meridian ID. 83642 X 9/18/2018 17:52
Dallas Gene Reynolds 7838 Tranquility Ln Meridian Id 83642 X 9/18/2018 17:53
Brian Rossi 2359 EMores Trail DR.Meridian ID. 83642 X 9/18/2018 17:53
Patty Hagler 7200 S Locust Grove Meridian ID 83642 X X 9/18/2018 17:53
Rod Nettinga 7200 S Locust Grove Meridian ID 83642 X 9/18/2018 17:54
Heidi brock 1242 w ann taylor st Meridian id 83646 X 9/18/2018 17:54
Rosalie skefich 2279 e mores trail dr Meridian X 9/18/2018 17:55
Loyal Gibbons 8350 South Jardine Lane Meridian ID 83642 X X 9/18/2018 17:56
Stephanie Gibbons 8350 South Jardine Lane Meridian ID 83642 X 9/18/2018 17:57
Cecilia sparks 1401 thorn creek ct Nampa id 83686 X 9/18/2018 17:58
Gene Sparks 1401 Thorn Creek Ct Nampa Id 83686 X 9/18/2018 17:59
Andrea Harris X X 9/18/2018 18:00
Tranquil estates hoa 7837 tranauility ln 83642 X 9/18/2018 18:00
Mark perison 314 S 9th suite 300 Boise id 83702 X X 9/18/2018 18:01
Ken Frederick 3340 E. Columbia Rd.Meridian ID 83642 X 9/18/2018 18:01
Esther Frederick 3340 E Columbia Rd Meridian ID 8364 X 9/18/2018 18:02
Diane Sater X 9/18/2018 18:02
Ron sater X 9/18/2018 18:02
Marylin Frederick 3340 E Columbia Rd Meridian ID 83642 X 9/18/2018 18:02
Quentin Frederick 3340 E. Columbia Rd Meridian ID 83642 X 9/18/2018 18:03
Justin Cranney jcranney@hawleytroxell.com Boise idaho 83702 X X 9/18/2018 18:03
Lochlan Frederick 3340 E. Columbia Rd.Meridian ID 83642 X 9/18/2018 18:03
Nicole Brown 7524 S Locust Grove Rd Meridian Id 83642 X X 9/18/2018 18:04
Mike murgoitio 2623 south hillis place Meridian idaho 83642 X 9/18/2018 18:04
Toree murgoitio 2623 south hillis place Meridian idaho 83642 X 9/18/2018 18:04
Craig Brown 7524 S Locust Grove Meridian Id X X 9/18/2018 18:05
Christian Griffith 3012 Springtime way Meridian idaho 83646 X 9/18/2018 18:06
Lisa Hawes 209 sebastian pl Nampa id 83687 X 9/18/2018 18:09
Andrea Shelton 2498 E Cyanite Dr Meridian Idaho. 83642 X 9/18/2018 18:10
Julie vincent 6810 leisure ln Nampa id X 9/18/2018 18:11
Jim cox 1305 E Columbia Rd Meridian Id 83642 X X 9/18/2018 18:11
Troy Allen 775 E Columbia Meridian X X 9/18/2018 18:12
Dean Symonds 8151 s locust grove rd Meridian idaho 83642 X X 9/18/2018 18:12
Debbie allen 775 e Columbia rd Meridian ID 83642 X X 9/18/2018 18:13
Kimberly Matulonis Edgar 1410 E Gravel Lane Meridian ID 83642 X 9/18/2018 18:13
Todd edgar 1410 e gravel ln Meridian 83642 X 9/18/2018 18:14
Michael DeGrandpre 12426 w Tevoit st Boise Id 83709 X 9/18/2018 18:15
Eric Sater 1102 Ruby Dr. Nampa ID 83686 X X 9/18/2018 18:18
Ryan L 4312 s leanato ave Meridian id 83642 X X 9/18/2018 18:19
Ted wheeler 2615 east columbia rd Meridian id 83642 X 9/18/2018 18:19
Bob vincent 6810 leisure ln Nampa Id 83687 X 9/18/2018 18:23
Orvalmcpeak 2128 s.atlantic st Boiseldaho 83705 X 9/18/2018 18:23
Linda murgoitio 6575 south locust grove Meridian idaho X 9/18/2018 18:25
Barry Frandsen 1610 Cruse Ln.Nampa Id 83687 X 9/18/2018 18:25
Gary murgoitio 6575 south locust grove Meridian idaho X 9/18/2018 18:26
Laura Miller X 9/18/2018 18:26
Sheila Miller X X 9/18/2018 18:27
Buddy morrison 758 west gina drive Kuna idaho 83634 X 9/18/2018 18:27
Mark Sater Meridian ID 83642 X 9/18/2018 18:28
Chris Sater Meridian ID 83642 X 9/18/2018 18:28
Sarah Sater 8374 S. Bryker Ln.Meridian ID 83642 X 9/18/2018 18:30
Darwin mckay 12336 west caddy court Boise idaho 83709 X 9/18/2018 18:30
Jonathan Sater 8374 S Bryker Ln Meridian ID 83642 X 9/18/2018 18:30
Darwin Shippy 311 carol ct Calwell Idaho 83605 X 9/18/2018 18:32
Lora Bennett 1398 E Mallory Lane Meridian ID 83642 X 9/18/2018 18:33
Christy milbourn 1378 n.tumbler dr Kunaidaho 83634 X 9/18/2018 18:34
Jeff Sater 8374 S Bryker Ln Meridian ID 83642 X 9/18/2018 18:35
Rachele klein 2130 w. Franklin road Meridian idaho 83642 X X 9/18/2018 18:45
Walter James Orzepowsku 4170 N Azalea lane Boise Id 83703 X 9/18/2018 18:49
Katie Carlson 8565 s cloverdale Boise id 83709 X 9/18/2018 18:51
Bryan pasternak 9800 roan meadows dr Boise ID 83709 X 9/18/2018 18:55
Zac Shipman 3520 S Black Cat Rd Nampa ID 83687 X 9/18/2018 18:58
Mike Wessela 2145 w verbena dr Meridian X 9/18/2018 18:59
Joseph Reger 2092 e Taconic Meridian I’d 83642 X 9/18/2018 19:15
Marianne taylor X 9/18/2018 19:35
Andrea Sater 8374 S Bryker Ln Meridian ID 83642 X 9/18/2018 19:36
September 11, 2018
MEMORANDUM
TO: Mayor and City Council
CC: City Clerk, City Attorney
FROM: Bill Parsons, Planning Supervisor
RE: Timber Creek Recycling Update (H-2018-0042)
September 18th, City Council Meeting
On July 17th, City Council continued the Timber Creek Recycling development agreement modification
(MDA) application. The purpose of the continuance was to allow the applicant time to further refine
their request based on items that were discussed during the public hearing. A comprehensive list of the
items discussed was to be incorporated into a modified strike-through and underline format of the
original development agreement for Council’s consideration. Items to be addressed are as follows:
1. Increase in the number of vehicle trips, specifically truck traffic;
2. Removal of the retail component (This was an item discussed during the hearing however; the
applicant has included a request to keep the retail component with further parameters on the use);
3. Limit the size of the facility to a 39 acre site;
4. Limit the hours of operation;
5. Secure approvals from DEQ, CDHD and the applicable Irrigation District;
6. Submit a revised concept plan detailing the operations of the site which is incorporated into the
amended development agreement;
7. Submit sound study, odor plan and fire/emergency plan;
8. Define term limits of the recycling use;
9. Further define the type of materials that are being exported, stored and composted on the site and
stating the intended uses of said materials; and
10. Minimize impacts to adjacent neighbors (e.g. installation of mufflers on specific equipment,
installation of landscaping, restricting the height of the stored materials and monitoring
complaints associated with the recycling activities).
Meridian City Council Meeting Agenda September 18, 2018 – Page 308 of 385
On September 6, 2018, a revised amended development agreement was submitted for Council and the
public to review as part of the public record. Because of the controversy surrounding this project, the
City also sent notices to the property owners within 1000 feet of the property and those property owners
that testified during the public hearing. This same list was sent to the applicant to use to schedule the
neighborhood meeting so the applicant could discuss the proposed changes. Per the applicant’s
representative, a new neighborhood meeting was held on September 5, 2018 and some minor revisions
were incorporated in the draft document as a result of that meeting.
In summary, staff believes the applicant has adequately captured the items that were discussed at the
public hearing in the revised document. Although the applicant has further defined the operational
characteristics if the use is to expand and proposed additional mitigating measures, staff still has
concerns with the expansion of the recycling facility (industrial nature of the use) in a residential district.
Therefore, staff recommends the Council deny the request for the reasons as previously stated in the
staff report for the hearing date of July 17, 2018.
Meridian City Council Meeting Agenda September 18, 2018 – Page 309 of 385
3.05.02 Maintain integrity of neighborhoods to preserve values and
ambience of areas.
3.05.03 Plan for appropriate use within rural areas.
3.06.00 Encourage compatible uses to minimize conflicts and maximize use of land.
To expand on those Goals and Objectives:
1. This property is zoned R-4, or low to medium residential, land use. We concur with
Staff that the expanded scope of operations would be industrial in nature. Further, we
believe the expanded business would stretch any reasonable definition of “compatible or
appropriate use” in a quiet rural locale, one of farm or semi-rural properties, which will
soon feature one of Meridian’s newest gems, our regional park on Lake Hazel.
2. The Coalition believes this amendment would allow a disruptive and non-conforming
use defined by heavy truck traffic, food waste, dust and more that would degrade
property values, Meridian's "livability" factor, and the quality of life for Timber Creek’s
neighbors.
3. The City's Planning Staff recommends denial of this DA amendment and we concur.
MERIDIAN’S GOALS AND OBJECTIVES
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AMENDED DEVELOPMENT AGREEMENT - 1
55663.0002.10635510.6
AMENDED DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. L & G Murgoitio, LLC
THIS AMENDED DEVELOPMENT AGREEMENT (this “Agreement”), is made and
entered into this______ day of ______________, 2018, by and between the City of Meridian, a
municipal corporation of the State of Idaho, hereafter called “City”, and L&G Murgoitio, LLC,
whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642 hereinafter called “Owner/
Developer.”
1.RECITALS:
1.1 WHEREAS, the Owner/Developer is the sole owner, in law and/or equity,
of certain tract of land in the County of Ada, State of Idaho, described in
Exhibit “A”, which is attached hereto and by this reference incorporated
herein as if set forth in full, herein after referred to as the “Property”; and
1.2 WHEREAS, Timber Creek Recycling, LLC (“Timber Creek”) has
operated, does operate, and will operate a processing facility on the
Property; and
1.3 WHEREAS, Idaho Code § 67-6511A provides that cities may, by
ordinance, require or permit as a condition of re-zoning that an owner or
developer make a written commitment concerning the use or development
of the subject property; and
1.4 WHEREAS, Idaho Code § 67-6511A and Meridian City Code §11-5A-
2(E) provides that said written commitments may be modified with the
permission of the governing board; and
1.5 WHEREAS, the City has exercised its statutory authority by the
enactment of Section 11-5B-3 of the Unified Development Code
UDC”), which authorizes development agreements upon the annexation
and/or re-zoning of land; and
1.6 WHEREAS, the City and the Owner/Developer negotiated terms and
conditions into that certain Development Agreement, dated January 26,
2016, recorded as Instrument No. 2016-007075, Records of Ada County,
Idaho (“Original Agreement”); and
1.7 WHEREAS, the City and the Owner/Developer have negotiate terms and
conditions into this Agreement to amend the Original Agreement to clarify
the uses permitted under the Original Agreement, to allow for the
Meridian City Council Meeting Agenda September 18, 2018 – Page 310 of 385
AMENDED DEVELOPMENT AGREEMENT - 2
55663.0002.10635510.6
continued use of the Property and described the permitted future uses of
the Property; and
1.8 WHEREAS, the City and the Owner/Developer agree to negotiate in good
faith and seek resolution to any conditions or circumstances that existed at
the time the Original Agreement and this Agreement were approved and
executed that are necessary for the continued and future use of the
Property; and
1.9 WHEREAS, the Owner/Developer, the City, Timber Creek, and others
made representations at the public hearings before the Meridian City
Council, as to the current and proposed uses of the Property and how the
Property may be developed, if any, at this time or in the future; and
1.10 WHEREAS, the Meridian City Council, on the ____ day of ___________,
2018, approved certain Findings of Fact and Conclusions of Law and
Decision and Order (“Findings”), which have been incorporated into this
Agreement and attached as Exhibit “B” and have been accepted by
Owner/Developer and Timber Creek; and
1.11 WHEREAS, the Findings require the Owner/Developer to enter into this
Agreement before the City Council takes final action on annexation and
zoning designation; and
1.12 WHEREAS, the Owner/Developer deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that this Agreement
was entered into voluntarily; and
1.13 WHEREAS, the City requires the Owner/Developer to enter into a
development agreement for the purpose of ensuring that the use of the
Property is in accordance with the terms and conditions of this Agreement,
herein being established as a result of evidence received by the City and
from affected property owners.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
the parties agree as follows:
2.INCORPORATION OF RECITALS: That the above recitals are contractual
and binding and are incorporated herein as if set forth in full.
3.DEFINITIONS: For all purposes of this Agreement the following words, terms,
and phrases herein contained in this section shall be defined and interpreted as herein provided,
unless the clear context of the presentation of the same requires otherwise:
Meridian City Council Meeting Agenda September 18, 2018 – Page 311 of 385
AMENDED DEVELOPMENT AGREEMENT - 3
55663.0002.10635510.6
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal corporation and government subdivision
of the state of Idaho, organized and existing by virtue of law of the State
of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho
83642.
3.2 OWNER/DEVELOPER: means and refers to L & G Murgoitio, LLC,
whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642,
Meridian, Idaho 83642, the party that owns the Property and shall include
any subsequent owner/developer(s) of the Property.
3.3 SITE/PROPERTY: means and refers to that certain parcel(s) of property
located in the County of Ada, City of Meridian as described in Exhibit
A” attached hereto and by this reference incorporated herein as if set
forth at length. The terms, in any form, may be used throughout this
document and are meant to be interchangeable in meaning unless
specifically defined.
3.4 DEVELOPMENT/REDEVELOPMENT: means any construction or
installation of a structure, or any change in use of an existing structure, or
any subdivision of the Property, or any change in the use of the Property
that creates additional or different demand and/or need for public facilities
or services, except as otherwise permitted herein. Notwithstanding the
foregoing, the construction of structures necessary for Timber Creek to
continue its operation on the Property, now or in the future, shall not
constitute development or redevelopment of the Property.
The terms, in any form, may be used throughout this document and are meant to be
interchangeable in meaning unless specifically defined.
4.USES PERMITTED BY THIS AGREEMENT: The right to use and develop
the Property shall be in accordance with the terms and conditions of this Agreement. The
following uses on the Property are specifically allowed:
4.1 All uses allowed or will be allowed in the future under the City’s Zoning
Ordinance codified in the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
4.3 Any existing and future written agreements for the collection, disposal, or
maintaining of solid waste in pursuance of an agreement with the City’s
solid waste franchisee may remain until such time that the Property is
developed in the future.
Meridian City Council Meeting Agenda September 18, 2018 – Page 312 of 385
AMENDED DEVELOPMENT AGREEMENT - 4
55663.0002.10635510.6
4.4 Any currently allowed use in Ada County regarding the raising or
maintaining of livestock shall remain on the Property until such time that
the Property is developed in the future. The Property maintains a livestock
business and operation. All existing uses and operation on the Property
relating to the livestock business and operation at the time of annexation
may remain until the Property is developed in the future.
4.5 The Property will have an exemption to Meridian City Code 6-3-10,
Firearms; Dischargeable Instruments, until such time that the Property is
developed in the future.
4.6 Any use constituting an “agricultural operation”, as defined in Idaho Code
22-4502 until such time the Property is developed in the future.
4.7 Currently stored or maintained on the Property: farm equipment, vehicles
registered and unregistered), and excess organic and/or inorganic material
necessary for the agricultural operation of the Property. Such items may
include but not be limited to weed spray, gasoline, diesel, wood, compost,
fertilizers and the like in quantities not usually found in urban residential
properties. Such storage may remain in the current condition at the time of
the adoption of this Agreement until such time that the Property develops
in the future.
4.8 Operate Timber Creek Recycling on the portion of the Property
Recycling Property”) outlined on the site plan (“Site Plan”) attached
hereto as Exhibit “C” and incorporated herein, as is currently conducted
or may be conducted in the future, whether under the name of Timber
Creek Recycling or another name or entity.
5.Operation of Timber Creek Recycling. As set forth in Section 4.8 of this
Agreement, Timber Creek is specifically permitted to continue operations on the Recycling
Property. The following outlines the primary activities, but not all activities, related to Timber
Creek’s operation or proposed operation on the Recycling Property:
5.1 Delivery of Recycled Materials. Timber Creek receives or may receive
the following materials (collectively “Recycled Materials”) for Recycling Activities (defined
below):
5.1.1 Wood. Wood is and will be delivered to the Recycling Property
from the Ada County Landfill, Republic Services and other sources.
5.1.2 Grass. Grass clippings are and will be delivered to the Recycling
Property from Republic Services and other sources.
Meridian City Council Meeting Agenda September 18, 2018 – Page 313 of 385
AMENDED DEVELOPMENT AGREEMENT - 5
55663.0002.10635510.6
5.1.3 Leaves. Leaves are and will be delivered to the Recycling
Property from the Ada County Landfill and other sources.
5.1.4 Sheetrock. Sheetrock and/or gypsum is and will be delivered to
the Recycling Property from Republic Services and other sources.
5.1.5 Food Waste. Food waste will be delivered to the Recycling
Property from Republic Services and other sources.
5.1.6 Garden Waste. Garden waste will be delivered to the Recycling
Property from Republic Services and other sources.
5.1.7 Other Materials. Timber Creek is allowed to accept other
materials to recycle which are of the same category as the materials identified in Sections 5.1.1
through 5.1.6 or are intended for agricultural uses.
5.2 Recycling Activities. Timber Creek is entitled to accept, process, utilize
and sell the Recycled Materials on the Recycling Property (“Recycling Activities”). For
purposes of clarity, but not limitation, the following are examples of the Recycling Activities
which are permitted on the Recycling Property:
5.2.1 Grinding. The Recycling Materials may be ground and
transported from the Recycling Property for animal bedding, soil amendment, other agricultural
uses or otherwise, and may be sold on the Recycling Property or to third parties. In the grinding
process, Timber Creek may use loaders and excavators and other necessary equipment to
perform such grinding.
5.2.2 Screening. The Recycling Materials, before and after processing,
may be screened. Screening of any Recycled Materials may including the use of conveyors,
trommels, hopper boxes, air systems, loaders and another other equipment necessary to screen
the Recycled Materials;
5.2.3 Feed. The Recycling Materials may be processed and transported
from the Recycling Property for feed for livestock or other agricultural uses, and may be sold on
the Recycling Property or to third parties.
5.2.4 Composting. The Recycling Materials may be composted on the
Recycling Property and transported from the Recycling Property for soil amendment, agricultural
uses or otherwise, and may be sold on the Recycling Property or to third parties.
5.2.5 Storing of Recycling Materials. The Recycled Materials, both
before and after processing, may be stored on the Recycling Property and on the balance of the
Property.
Meridian City Council Meeting Agenda September 18, 2018 – Page 314 of 385
AMENDED DEVELOPMENT AGREEMENT - 6
55663.0002.10635510.6
5.2.6 Miscellaneous. Engage in any the following as part of the
Recycling Activities: loading and unloading of trucks; use of watering trucks on the Recycling
Property and as part of the Recycling Activities; use of loaders, graders, tractors (with
implements), fork lifts, and other heavy equipment, preparation and maintenance of the
Recycling Property for the Recycling Activities; erection and use of a weather station;
modification of the Recycling Property for the Recycling Activities, including leaching ponds
and berms; use of air compressors, generators, tarps for covering of Recycling Materials, and
bagging systems.
5.2.7 Other Activities. Timber Creek may engage in other activities
relating to the operation of Timber Creek and utilize any or all of the Recycling Materials as
deemed appropriate by Timber Creek, provided, however, that any such use shall be in
accordance with applicable laws and regulations governing such activities.
5.3 Related Activities. In addition to the Recycling Activities, Timber Creek
may engage in uses on the Recycling Property that are related to, support, or are in furtherance of
the Recycling Activities (“Related Activities”). For purposes of clarity, but not limitation, the
following are examples of the Related Activities:
5.3.1 Truck Parking. Timber Creek may park trucks used for delivery,
removal and/or processing of Recycled Materials on the Recycling Property.
5.3.2 Equipment. Timber Creek may place, operated, maintain, repair,
relocate and remove any equipment, fixtures and personal property onto and from the Recycling
Property in order to engage in the Recycling Activities.
5.3.3 Compliance with DEQ, Department of Agriculture and
Central District Health Department. Timber Creek may take any action to:
Comply with conditions imposed on it by the Department (a)
of Environmental Quality, the Department of Agriculture or
the Central District Health Department relating to the
Recycling Materials or the Recycling Activities;
Comply with the rules and regulations relating to the (b)
Recycling Materials or the Recycling Activities which may
be adopted, revised or re-interpreted by the Department of
Environmental Quality, the Department of Agriculture or
the Central District Health Department; and
Cure or correct deficiencies or issues identified by the (c)
Department of Environmental Quality, the Department of
Agriculture or the Central District Health Department.
Meridian City Council Meeting Agenda September 18, 2018 – Page 315 of 385
AMENDED DEVELOPMENT AGREEMENT - 7
55663.0002.10635510.6
5.3.4 Marketing and Sale of Processed Recycling Materials. Timber
Creek may market and sale processed Recycling Materials. Processed Recycling Materials
include, but are not limited to, mulch, compost, bark, playground chips, sand, stone, etc.
5.4 Retail Sales. Within the area on the Site Plan marked “Retail Sale”
Retail Area”), Timber Creek may sell processed Recycling Materials to the public. Timber
Creek shall take reasonable steps to keep the public purchasing Recycling Materials from the
portion of the Recycling Property where active Recycling Activities occur. Retail sales in the
Retail Area are restricted as follows:
5.4.1 Hours of Operation. The Retail Area will not be open to the
public for the purchase of Recycling Materials outside of the following hours:
April – October: (a)
a.Monday – Saturday: 8:00 a.m. to 6:00 p.m.
b.Sundays: Closed
November – March: (b)
a.Monday – Saturday: 9:00 a.m. to 4:00 p.m.
b.Sundays: Closed
5.4.2 Vehicle Limitation. The following vehicles will be prohibited
from accessing the Retail Property for the purchase of processed Recycling Materials:
Commercial vehicles, as defined in Idaho Code §49-123(d). (a)
Vehicles with more than two (2) axels; provided, however, (b)
that a trailer pulled by a two (2) axel vehicle does not count
towards the axel count.
5.4.3 Limitation on Sales. Timber Creek may only sell the following in
the Retail Area: a) processed Recycling Materials; b) landscaping materials, including but not
limited to, mulch, compost, bark, playground chips, and other products typically sold at a
nursery, excepting trees and shrubs; and c) products and materials to permit Timber Creek to
provide engineered soil to customers, including but not limited to gypsum, sulfur and nitrogen.
5.5 Recycling Activities Structures. Timber Creek may construct, relocate
or install the following : a) a scale house with approximate dimensions of forty five feet by
fifteen feet (45’x15’); b) a restroom with approximate dimensions of twenty feet by eight feet
20’x8’) with a septic system until sewer is available at the Recycling Property at which time the
restroom will connect to the sewer line; c) a storage shed with approximate dimension of forty
feet by eight feet (40’x8’); and d) a barbwire fence on the south east corner of the Property to
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connect the existing fencing. The construction, relocation or installation of the above identified
structures shall not constitute “development” as defined in Section 3.4.
6.Conditions and Limitations to Operation of Timber Creek Recycling. To
mitigate or ameliorate any adverse effects from Timber Creek’s operation on the Property,
Timber Creek shall comply with the following conditions on its operation:
6.1 Extent of Operations on Property. Timber Creek’s Recycling Activities
shall be limited to the Recycling Property; provided, however, that Timber Creek may store and
use processed Recycling Materials on the balance of the Property.
6.2 Composting.Composting on the Recycling Property shall be conducted in
accordance with applicable law, rules and regulations. Prior to composting in quantities which
would require approval as a Tier 2 composting facility, Timber Creek shall satisfy all
requirements imposed on Tier 2 composting facilities by the Idaho Department of Environmental
Quality (“DEQ”). Timber Creek shall provide proof of satisfaction of DEQ’s requirements to
the City prior to composting as a Tier 2 composting facility. In connection with the Tier 2
designation process and operating as a Tier 2 facility, Timber Creek shall:
6.2.1 Odor Management. Adopt an odor management plan as part of
the Tier 2 approval process that satisfies DEQ. Upon being designated as a Tier 2 composting
facility, Timber Creek will provide a copy of the odor management plan approved by DEQ to the
City.
6.2.2 Compliance with DEQ and Central District Health. Comply
with all requirements of DEQ and the Central District Health Department (“CDHD”) as part of
the Tier 2 approval process. Following approval as a Tier 2 facility, Timber Creek shall
cooperate with DEQ and CDHD and permit monitoring of the composting operation and to
resolve any compliance issues.
6.3 Noise Mitigation. Timber Creek shall do or adopt the following to
mitigate the noise generated from Timber Creek’s Recycling Activities:
6.3.1 Mufflers. Timber Creek will acquire and install a Harco 2286RSL
10 SI SO SP HARCO MFG, or a muffler of equivalent quality and characteristics, on the
horizontal grinder and a muffler of similar quality and characteristics on the tub grinder. Timber
Creek shall provide notice to the City upon the installation of the mufflers.
6.3.2 Landscaping. Timber Creek will install trees and other
landscaping features on the Recycling Property, as is depicted on the Site Plan, to mitigate the
sound generated on the Recycling Property by the Recycling Activities. Said landscaping will be
installed within one (1) year from the date of this Agreement. Timber Creek shall provide
notice to the City when the landscaping set forth on the Site Plan has been installed.
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6.3.3 Hours of Operation. Recycling Activities on the Property will be
limited to the following:
Monday – Friday: 7:00 a.m. to 6:00 p.m. (a)
Saturday: 8:00 a.m. to 6:00 p.m. (b)
6.4 Visual Impact. To minimize any visual impact caused by the Recycling
Materials or the Recycling Activities, Timber Creek will:
6.4.1 Landscaping. Timber Creek will comply with the requirements of
Section 6.3.2;
6.4.2 Height of Recycling Materials. Timber Creek will keep the
height of piles of Recycling Materials at the greater of: a) twenty-five (25) feet, and b) the height
permitted by the Meridian Fire Department under applicable code, regulations and rules.
6.5 Dust Abatement.Timber Creek Recycling will take commercially
reasonable steps to abate the dust caused by the Recycling Activities as follows:
6.5.1 Water Tank. Maintain a 4,000 gallon water tank on the Property
to hold water for dust abatement purposes on the Recycling Property.
6.5.2 Sprinklers. Maintain a sprinkler system on roads and other parts
of the Recycling Property as deemed reasonably necessary by Timber Creek to minimize dust
caused by Recycling Activities.
6.5.3 Water Trucks. Maintain water truck, tender or buffalo or other
similar equipment for dust abatement. Said equipment will be utilized to apply water to
unpaved portions of the Recycling Property or the Recycling Materials to minimize dust caused
by the Recycling Activities.
6.5.4 Spray Hoses. Spray hoses will be used as part of the Recycling
Activities to reduce dust caused by the Recycling Activities.
6.5.5 Wood Flour. Timber Creek Recycling will not accept or process
wood flour as part of the Recycling Activities.
6.6 Traffic for Recycling Materials. Traffic to the Recycling Property is
regulated as follows:
6.6.1 Recycling Activities. All traffic to permit Timber Creek to
perform the Recycling Activities, including but not limited to, traffic for delivery of Recycling
Materials, any safety programs, fire prevention, odor management, and composting, grinding and
screening operations is expressly permitted, except as limited by this Section 6.6, and shall not
constitute a nuisance.
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6.6.2 Compliance with Ada County Highway District. All traffic to
the Recycling Property shall comply with Ada County Highway District rules and regulations.
6.6.3 Truck Limitation. No more than fifty-six (56) Truckloads of
Recycling Materials will be delivered to the Recycling Property per day. For purposes of this
Agreement, “Truckload” shall mean any truck or vehicle carrying ten (10) or more cubic yards
of Recycling Materials to the Recycling Property for Recycling Activities. For purposes of
clarification, the following do not qualify as a Truckloads:
Vehicular traffic associated with the agricultural use of the (a)
Property such as delivery of feed, livestock, equipment and
fertilizer or the removal of crops, livestock, equipment,
feed, waste or fertilizer;
Vehicles to and from the Retail Area; (b)
Vehicular traffic to and from the Property not carrying (c)
Recycling Materials; and
Vehicular traffic from the Property delivering Recycling (d)
Materials for agricultural uses.
6.7 Agency Requirements/Recommendations. Timber Creek shall comply
with the following requirements and recommendations from the following agencies:
6.7.1 Fire.
Emergency Plan. Timber Creek shall prepare and deliver (a)
a emergency plan to the Meridian Fire Code Official.
Timber Creek shall notify the City upon approval of the
emergency plan.
Process Hazard Analysis. Timber Creek shall prepare a (b)
process hazard analysis which satisfies the requirements of
the International Fire Code, Section 5001.3.3.11-17 (2015)
and deliver to the Meridian Fire Code Official, if required
by the Meridian Fire Code Official.
6.7.2 Irrigation. Obtain approval from the applicable irrigation district
for any use of or encroachment on the easement(s) surrounding the canals bordering the
Recycling Property. If any such approval is required, Timber Creek shall provide evidence of
said approval to the City.
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6.7.3 Land Development Services. As long as Timber Creek is
engaged in Recycling Activities, the Recycling Property shall be open to inspection for
compliance with this Agreement by the Land Development Services, upon advance notice.
6.7.4 Complaints. Timber Creek will set up a telephone line, email
account, or other means of communication for neighbors to be able to submit comments and
complaints to Timber Creek relating to the Recycling Activities.
6.8 Termination of Recycling Activities. The Recycling Activities on the
Recycling Property will cease, unless permitted in the UDC, upon the earliest of the following to
occur:
6.8.1 Conveyance to Third Party. Upon the conveyance of the
Recycling Property to a third party; provided, however, that the conveyance of the Recycling
Property: 1) via intestacy or other estate planning devise or instrument; 2) to an immediate
family member of any member of the Owner/Developer or Timber Creek; or 3) to an affiliated
entity, will not trigger the elimination of the Recycling Activities. For purposes of this Section
4.8.3, an “affiliated entity” is an entity: (a) which is a successor to Owner/Developer or Timber
Creek by either merger or consolidation or pursuant to sale of all or substantially all of
Owner/Developer or Timber Creek’s assets or membership interests, or (b) an entity controlled
by, or under common control with, or controlling Owner/Developer; or
6.8.2 Development of Adjacent Property. Within thirty (30) days of
written notice that the City has granted a Certificate of Occupancy to any new residential or
commercial development within 1000 feet of the grinding machine located on the Recycling
Property, as approximately depicted on the attached Exhibit “C”, being delivered to Timber
Creek. For purposes of this Section 6.8.2, a “new residential or commercial development” shall
mean real property which has:
Been annexed into the City; (a)
Zoned either with a commercial designation or a residential (b)
designation of R-4 or denser;
Has been subdivided in accordance with Meridian City (c)
Code, excepting however any real property subdivided by a
short plat under Meridian City Code 11-6B-6; and
Receives water and sewer services from the City. (d)
In no event will the issuance of a Certificate of Occupancy for any structure existing as of
the date of this Agreement, as may be expanded, modified or altered, or for any new accessory
building, within 1000 feet of the grinding machine on the Recycling Property trigger Timber
Creek’s obligation to cease operations under this Section 6.8.2.
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6.9 Sunset on Composting. Timber Creek’s use of the Recycling Property
for composting, as permitted under this Agreement, shall be reviewed by the City in 2030. As
part of the review, City shall: a) consider the development of the property surrounding the
Recycling Property, the benefits derived by the community by the composting, and Timber
Creek’s compliance with this Agreement; and b) hold a public hearing, with notice as required
by the UDC, and permit the public to provide input on whether to continue to permit composting
on the Recycling Property. The City shall determine whether to permit Timber Creek to
continue composting on the Recycling Property for another period of ten (10) years under the
terms of this Agreement, permit composting with revised conditions, or terminate Timber
Creek’s composting on the Recycling Property (unless permitted under the UDC).
6.10 Tolling of Deadlines. In the event the approval of this Agreement is
challenged, contested or appealed, in any manner, the deadlines imposed on Timber Creek under
this Section 6 shall be tolled until all challenges, contents and appeals have been completely and
finally resolved.
7.CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY:
7.1 Owner/Developer shall develop the Property in accordance with the
following special conditions:
7.1.1 Except as otherwise provided in this Agreement, future
development of the Property shall comply with the ordinances in the
Meridian City Code in effect at the time of development.
7.1.2 Except as otherwise provided in this Agreement, future
development of the Property shall comply with all bulk, use, and
development standards of the R-4 zoning district listed in UDC 11-2A-5,
unless rezoned by City in accordance with the UDC following application
by the Owner/Developer or future developer, and then in accordance with
the new zoning designation.
7.1.3 Any property or easements reasonably needed by the City to
provide any sewer or water infrastructure in furtherance of this Agreement
shall be provided by the Owner/Developer at no cost to the City.
7.1.4 Any future development of the Property which will require an
amendment to this Agreement to approve any proposed development plan
may be sought by the Owner/Developer. The first such request for an
amendment shall be at no cost to the Owner/Developer or future
developer.
8.COMMITMENTS AND CONDITIONS BY THE CITY OF MERIDIAN:
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8.1 The City intends to extend the sewer and water infrastructure (“Utility
Extension”) which will benefit the Property, the City, and other adjacent
and adjoining properties. The City will endeavor to design the Utility
Extension in a manner consistent with the City’s Sewer Master Plan
including the assumptions and tolerances included in the Sewer Master
Plan) in existence at the time the city designs the Utility Extension. In
furtherance of this objective, the Utility Extension will include, but is not
limited to, the extension of:
Water Mains; and (a)
Sewer Mains; and (b)
Trunk Lines. (c)
A complete description of the Utility Extension is set forth in Exhibit “C”,
incorporated by reference to this Agreement.
8.2 The City shall be expending funds to plan, design, and construct the
Utility Extension described in 6.1 over the course of time. The City
anticipates completion of the initial phase of the Utility Extension in or
about Meridian Road/State Highway 69 within approximately two (2)
years from the date of the publication of the annexation ordinance for the
Property and the completion of the Utility Extension in or about Linder
Road and Victory Road in approximately four (4) years from the date of
the publication of the annexation ordinance for the Property. The above
described timelines for completion of the Utility Extension are subject to
the following conditions:
Acts of God; or (a)
Denial of the Application by the City or any other (b)
governmental agency with authority to approve or deny the
Application or Utility Extension; or
Any legal challenge to the annexation of the Property that (c)
causes the delay of the annexation approval; or
The inability of the City to acquire all the needed target (d)
properties necessary to allow for the necessary expenditure
of the Utility Extension; or
Economic limitations, as prescribed by law; or (e)
Permitting limitations or denials; or (f)
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The inability to acquire the necessary easements for the (g)
Utility Extension; or
Geology and/or geography of the area; or (h)
Weather conditions that may cause delay; or (i)
Unavailability or delay of materials for the Utility (j)
Extension; or
Review or delay by other agencies needed for approvals of (k)
the Application or Utility Extension; or
Labor disputes, strikes, work stoppages; or (l)
Limitations by other governmental, semi-governmental, or (m)
private industry restrictions unanticipated at the time of
execution of this Agreement; or
Any and all contingencies, whether anticipated or not, that (n)
are beyond the control of the City.
8.3 In the event the City reasonably determines that it cannot complete the
Utility Extension within the timeframes set forth above in Section 8.2 due
to the occurrence of any of the conditions set forth in Sections 8.2(a) to
8.2(n), the Owner/Developer or the City may terminate this Agreement
upon compliance with the requirements of the UDC,
8.4 This Agreement is part of an application for the simultaneous annexation
of numerous parcels. This Agreement shall be null and void if the
annexation of the Property or any other of the parcels to be simultaneous
annexation is not approved.
9.DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
9.1 Acts of Default. In the event either party fails to faithfully comply with
all of the terms and conditions included in this Agreement, this Agreement
may be terminated by the Owner/Developer or the City upon compliance
with the requirements of this Agreement and in a manner prescribed by
law or ordinance.
9.2 Notice and Cure Period. In the event of any alleged default or failure to
perform any obligation under this Agreement, the non-defaulting party
shall give the alleged defaulting party written notice thereof. The party
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given notice of failure shall have a period of thirty (30) days after such
notice is given within which to cure such default, which period shall be
extended to the extent reasonably necessary to complete such cure so long
as the cure was commenced within thirty (30) days after such notice is
given and thereafter prosecuted with due diligence.
9.3 Remedies.
9.3.1 Remedies Against the Owner/Developer. In the event of default
by Owner/Developer that is not cured after notice as described in Section
9.2, Owner/Developer shall be deemed to have consented to modification
of this Agreement and de-annexation and reversal of the zoning
designations described herein, solely against the offending portion of
Property and upon the City’s compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code
67-6509 and 67-6511. Owner/Developer reserves all rights to contest
whether a default has occurred. This Agreement shall be enforceable in
the Fourth Judicial District Court in Ada County by the City. The sole
remedy for enforcement of this Agreement may be sought by an
appropriate action at law or in equity to secure the specific performance of
the covenants, agreements, conditions, and obligations contained within
this Agreement or to de-annex the Property.
9.3.2 Remedy against the City . In the event of default by the City that
is not cured after notice as described in Section 7.2, the City shall be
deemed to have consented to modification of this Agreement and de-
annexation and reversal of the zoning designations described herein, solely
against the offending portion of Property and upon City’s compliance with
all applicable laws, ordinances and rules, including any applicable
provisions of Idaho Code §§ 67-6509 and 67-6511. The City reserves all
rights to contest whether a default has occurred.
9.4 Delay. In the event the performance of any covenant to be performed
hereunder by either the Owner/Developer or the City is delayed for causes
that are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance shall
be extended by the amount of time of such delay.
9.5 Waiver. A waiver by a party of any default of any one or more of the
covenants or conditions hereof shall apply solely to the default and
defaults waived and shall neither bar any other rights or remedies nor
apply to any subsequent default of any such or other covenants and
conditions.
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10.INSPECTION: Following the development of the Property, Owner/Developer
shall, immediately upon completion of any portion or the entirety of said development of the
Property, as required by City ordinance or policy, notify the City Engineer and request the City
Engineer’s inspections and written approval of such completed improvements or portion thereof
in accordance with the terms and conditions of this Agreement and all other ordinances of the
City that apply to said Property.
11.REQUIREMENT FOR RECORDATION: City shall record, at its cost and
expense, either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of
the ordinance annexing and re-zoning the Property. If for any reason after such recordation, the
City Council fails to adopt the ordinance in connection with the annexation and zoning of the
Property contemplated hereby, the City shall execute and record an appropriate instrument of
release of this Agreement, at its cost and expense.
12.SURETY OF PERFORMANCE: Following the development of the Property,
the City may require surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure the installation of
future improvements, which the Owner/Developer agrees to provide, if required by the City.
13.CERTIFICATE OF OCCUPANCY: Following the development of the
Property, no Certificates of Occupancy shall be issued in any phase in which the improvements
have not been installed, completed, and accepted by the City.
14.ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to
abide by all ordinances of the City, except as otherwise provided in this Agreement, and the
Property shall be subject to de-annexation if the Owner/Developer shall not meet the conditions
contained in the Findings, this Agreement, and the ordinances of the City.
15.NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested,
addressed as follows:
CITY: City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
with copy to: City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
OWNER/DEVELOPER: L & G Murgoitio, LLC
Meridian City Council Meeting Agenda September 18, 2018 – Page 325 of 385
AMENDED DEVELOPMENT AGREEMENT - 17
55663.0002.10635510.6
6575 S. Locust Grove Road
Meridian, Idaho 83642
15.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
16.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 attorney’s 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.
17.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 other party so failing to perform.
18.BINDING UPON SUCCESSORS: This Agreement shall be binding upon and
inure to the benefit of the parties’ respective heirs, successors, assigns and personal
representatives, including City’s corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer, each subsequent owner and any other
person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or
alienation of the Property, or portions thereof, except that any sale or alienation shall be subject
to the provisions hereof and any successor owner or owners shall be both benefited and bound by
the conditions and restrictions herein expressed. City agrees, upon written request of
Owner/Developer, to execute appropriate and recordable evidence of termination of this
Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer
has fully performed its obligations under this Agreement.
19.INVALID PROVISION: If any provision of this Agreement is held not valid by
a court of competent jurisdiction, such provision shall be deemed to be excised from this
Agreement and the invalidity thereof shall not affect any of the other provisions contained
herein.
20.DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each
party shall act reasonably in giving any consent, approval, or taking any other action under this
Agreement.
21.FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the
subject matter hereof, and there are no promises, agreements, conditions or understanding, either
oral or written, express or implied, between Owner/Developer and City, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
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AMENDED DEVELOPMENT AGREEMENT - 18
55663.0002.10635510.6
signed by them and pursuant, with respect to City, to a duly adopted ordinance or resolution of
City.
21.1 No condition governing the uses and/or conditions governing re-zoning of
the subject Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or amendment in force at the time of the
proposed amendment.
22.EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on
the date the Meridian City Council shall adopt an ordinance in connection with the annexation
and zoning of the Property and execution by the Mayor and City Clerk.
SIGNATURES ON FOLLOWING PAGE]
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AMENDED DEVELOPMENT AGREEMENT - 19
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IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER:
L & G Murgoitio, LLC
Date: __________________________By:
Name:
Title:
CITY OF MERIDIAN:
Date: __________________________By:
Mayor Tammy De Weerd
ATTEST:
Jaycee L. Holman, City Clerk
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AMENDED DEVELOPMENT AGREEMENT - 20
55663.0002.10635510.6
STATE OF IDAHO )
ss.
County of Ada )
On this _____ day of September, 2018, before me,
a Notary Public in and for said State, personally
appeared , known or identified to me to be the
manager or a member of L & G Murgoitio, LLC, or the person who executed the instrument on
behalf of said limited liability company and acknowledged to me that such limited liability
company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public for Idaho
Residing at
My commission expires
STATE OF IDAHO )
ss.
County of Ada )
On this _____ day of ______________, 2018, before me, a Notary Public, personally
appeared Tammy De Weerd and Jaycee L. Holman, known or identified to me to be the Mayor
and Clerk, respectively, of City of Meridian who executed the instrument or the person that
executed the instrument on behalf of said City, and acknowledged to me that such City executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public for Idaho
Residing at
My commission expires
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
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EXHIBIT B
COPY OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER
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EXHIBIT C
SITE PLAN
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AMENDED DEVELOPMENT AGREEMENT -1
55663.0002.10635510.1
55663.0002.11338988.1
AMENDED DEVELOPMENT AGREEMENT
PARTIES: 1.City of Meridian
2.L & G Murgoitio, LLC
THIS AMENDED DEVELOPMENT AGREEMENT (this “Agreement”), is made and
entered into this______ day of ______________,2018, by and between the City of Meridian, a
municipal corporation of the State of Idaho, hereafter called “City”, and L&G Murgoitio, LLC,
whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642 hereinafter called “Owner/
Developer.”
1.RECITALS:
1.1 WHEREAS, the Owner/Developer is the sole owner, in law and/or equity,
of certain tract of land in the County of Ada, State of Idaho, described in
Exhibit “A”, which is attached hereto and by this reference incorporated
herein as if set forth in full, herein after referred to as the “Property”; and
1.2 WHEREAS, Timber Creek Recycling, LLC (“Timber Creek”) has
operated, does operate, and will operate a processing facility on the
Property;and
1.3 1.2WHEREAS, Idaho Code § 67-6511A provides that cities may, by
ordinance, require or permit as a condition of re-zoning that an owner or
developer make a written commitment concerning the use or development
of the subject property; and
1.4 WHEREAS, Idaho Code § 67-6511A and Meridian City Code §11-5A-
2(E)provides that said written commitments may be modified with the
permission of the governing board;and
1.5 1.3WHEREAS, the City has exercised its statutory authority by the
enactment of Section 11-5B-3 of the Unified Development Code
UDC”), which authorizes development agreements upon the annexation
and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developer has submitted an application for
annexation and zoning of the Property (“Application”)requesting a
designation of Medium-Low Density Residential District (R-4 District)
under the UDC and generally describing how the Property will be used,
developed and what improvements will be made; and
1.6 WHEREAS, the City and the Owner/Developer negotiated terms and
conditions into that certain Development Agreement, dated January 26,
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2016, recorded as Instrument No. 2016-007075, Records of Ada County,
Idaho (“Original Agreement”); and
1.5 WHEREAS, this Agreement was negotiated and signed prior to any public
hearings, but the final approval of the Agreement was subsequent to the
annexation process and public hearings and final approval of the
Application; and
1.7 1.6WHEREAS, the City and the Owner/Developer have attempted to
negotiate terms and conditions into this Agreement to amend the Original
Agreement to clarify the uses permitted under the Original Agreement, to
allow for the continued use of the Property in the same manner and
fashion that existed at the time of annexation until such time as and
described the permitted future uses of the Property is developed or re-
developed; and
1.8 1.7WHEREAS, the City and the Owner/Developer agree to negotiate in
good faith and seek resolution to any conditions or circumstances that
exist at the time of annexation that are still necessary to continue the same
use or manner of the Property until development or re-development and
were not included in this Agreementexisted at the time the Original
Agreement and this Agreement were approved and executed that are
necessary for the continued and future use of the Property; and
1.9 1.8WHEREAS, the Owner/Developer, the City, Timber Creek, and others
made representations at the public hearings both before the Meridian
Planning & Zoning Commission and before the Meridian City Council, as
to the current and proposed uses of the Property and how the Property may
be developed, if any,at this time or in the future; and
1.9 WHEREAS, the record of the proceedings for the requested annexation
and zoning designation of the Property held before the Planning &Zoning
Commission, and subsequently before the City Council, include responses
of government subdivisions providing services within the City’s planning
jurisdiction; and
1.10 WHEREAS, the Meridian City Council, on the ____ day of ___________,
20___2018, approved certain Findings of Fact and Conclusions of Law
and Decision and Order (“Findings”), which have been incorporated into
this Agreement and attached as Exhibit “B”and have been accepted by
Owner/Developer and Timber Creek; and
1.11 WHEREAS, the Findings require the Owner/Developer to enter into this
Agreement before the City Council takes final action on annexation and
zoning designation; and
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1.12 WHEREAS, the Owner/Developer deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that this Agreement
was entered into voluntarily; and
1.13 WHEREAS, the City requires the Owner/Developer to enter into a
development agreement for the purpose of ensuring that the use of the
Property after annexation and future development of the Property is in
accordance with the terms and conditions of this Agreement, herein being
established as a result of evidence received by the City in the proceedings
for zoning designation from government subdivisions providing services
within the planning jurisdiction and from affected property owners and to
ensure re-zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian on April 19, 2011,
Resolution No. 11-784, and the Zoning and Development Ordinances
codified in the UDC.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
the parties agree as follows:
2.INCORPORATION OF RECITALS: That the above recitals are contractual
and binding and are incorporated herein as if set forth in full.
3.DEFINITIONS: For all purposes of this Agreement the following words, terms,
and phrases herein contained in this section shall be defined and interpreted as herein provided,
unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal corporation and government subdivision
of the state of Idaho, organized and existing by virtue of law of the State
of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho
83642.
3.2 OWNER/DEVELOPER: means and refers to L &G Murgoitio, LLC,
whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642,
Meridian, Idaho 83642, the party that owns the Property and shall include
any subsequent owner/developer(s) of the Property.
3.3 SITE/PROPERTY: means and refers to that certain parcel(s) of property
located in the County of Ada, City of Meridian as described in Exhibit
A”describing the parcels to be re-zoned R-4 (Medium-Low Density
Residential District) attached hereto and by this reference incorporated
herein as if set forth at length. The terms, in any form, may be used
throughout this document and are meant to be interchangeable in meaning
unless specifically defined.
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3.4 DEVELOPMENT/REDEVELOPMENT:means any construction or
installation of a structure, or any change in use of an existing structure, or
any subdivision of the Property, or any change in the use of the Property
that creates additional or different demand and/or need for public facilities
or services after annexation, except as otherwise permitted herein.
Notwithstanding the foregoing, the construction of structures necessary for
Timber Creek to continue its operation on the Property, now or in the
future, shall not constitute development or redevelopment of the Property.
The terms, in any form, may be used throughout this document and are meant to be
interchangeable in meaning unless specifically defined.
4.USES PERMITTED BY THIS AGREEMENT: The right to use and develop
the Property after annexation shall be in accordance with the terms and conditions of this
Agreement. The following uses on the Property are specifically allowed:
4.1 All uses allowed or will be allowed in the future under the City’s Zoning
Ordinance codified in the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
4.3 Any existing and future written agreements for the collection, disposal, or
maintaining of solid waste in pursuance of an agreement with the City’s
solid waste franchisee may remain until such time that the Property is
developed in the future..
4.4 Any currently allowed use in Ada County regarding the raising or
maintaining of livestock shall remain on the Property until such time that
the Property is developed in the future. The Property maintains a livestock
business and operation. All existing uses and operation on the Property
relating to the livestock business and operation at the time of annexation
may remain until the Property is developed in the future. .
4.5 The Property will have an exemption to Meridian City Code 6-3-10,
Firearms; Dischargeable Instruments,until such time that the Property is
developed in the future.
4.6 Any use constituting an “agricultural operation”, as defined in Idaho Code
22-4502 until such time the Property is developed in the future.
4.7 Currently stored or maintained on the Property: farm equipment, vehicles
registered and unregistered), and excess organic and/or inorganic material
necessary for the agricultural operation of the propertyProperty. Such
items may include but not be limited to weed spray, gasoline, diesel,
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wood, compost, fertilizers and the like in quantities not usually found in
urban residential properties. Such storage may remain in the current
condition at the time of annexation the adoption of this Agreement until
such time that the Property develops in the future. future..
4.8 Operate Timber Creek Recycling on the Property portion of the Property
Recycling Property”)outlined on the site plan (“Site Plan”) attached
hereto as Exhibit “C”and incorporated herein, as is currently conducted
or may be conducted in the future, whether under the name of Timber
Creek Recycling or another name or entity. The following outlines the
primary activities, but not all activities, related to the operation or future
operation of Timber Creek Recycling on the Property:
5.Operation of Timber Creek Recycling . As set forth in Section 4.8 of this
Agreement, Timber Creek is specifically permitted to continue operation s on the Recycling
Property. The following outlines the primary activities, but not all activities, related to Timber
Creek’s operation or proposed operation on the Recycling Property:
5.1 Delivery of Recycled Materials. Timber Creek Recycling receives or
may receive the following materials (collectively “Recycled Materials”)for Recycling
Activities (defined below):
5.1.1 Wood. Wood is and will be delivered to the Recycling Property
from the Ada County Landfill , Republic Services and other sources.
5.1.2 Grass. Grass clipping clippings are and will be delivered to the
Recycling Property from Republic Services and other sources of grass clippings. Leaves.
Leaves are and will be delivered to the Property from the Ada County Landfill and other sources
of leaves.
5.1.3 Leaves. Leaves are and will be delivered to the Recycling
Property from the Ada County Landfill and other sources.
5.1.4 Sheetrock.Sheetrock and/or gypsum is and will be delivered to
the Recycling Property from Republic Services and other sources of sheetrock.
5.1.5 Food Waste. Food waste will be delivered to the Recycling
Property from Republic Services and other sources.
5.1.6 Garden Waste.Food Garden waste will be delivered to the
Recycling Property from Republic Services and other sourcesand other sources.
Bio Solids. Bio solids will be delivered to the (f)
Property from and other sources.
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Demolition Debris. Demolition debris will be (g)
delivered to the Property from and other
sources.
5.1.7 Other Materials. Owner/Developer Timber Creek is allowed to
accept other materials to recycle which are of the same category as the materials identified in
Sections 4.8.1(a)5.1.1 through 4.8.1(g)5.1.6 or are intended for agricultural uses .
5.2 Recycling Activities. Owner/Developer Timber Creek is entitled to
accept, process, utilize and sell the Recycled Materials on the Recycling Property (“Recycling
Activities”). For purposes of clarity, but not limitation, the following are examples of the
Recycling Activities which are permitted on the Recycling Property:
Wood. Wood is ground, screened and stored on the (a)
Property until used for bedding.
Grass. Grass is utilized as feed for livestock, as a (b)
soil amendment, and for other agricultural use on the
Property.
Leaves. Leaves are processed and used on the (c)
Property as soil amendment. Prior to processing, the leaves
are store in piles on the Property. Owner /Developer will
comply with requirements from the Idaho Department of
Environmental Quality, if any, in preventing substantial
numbers of leaves from being blown off of the Property.
Sheetrock. Sheetrock is ground with wood and (d)
stored on the Property until used for bedding or soil
amendment.
Composting. Owner/Developer may utilize any or (e)
all of the Recycling Materials for a commercial composting
operation on the Property.In the composing process,
Owner/Developer may utilize any equipment necessary for
the composing process.
Other Activities. Owner/Developer may engage in (f)
other activities relating to the operation of Timber Creek
Recycling and utilize any or all of the Recycling Materials
as deemed appropriate by Owner/Developer, provided,
however, that all any such use shall be in accordance with
applicable laws and regulations. Said other activities
include, but are not limit to:
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5.2.1 Grinding. Grinding of any Recycled Materials and the use of The
Recycling Materials may be ground and transported from the Recycling Property for animal
bedding, soil amendment, other agricultural uses or otherwise, and may be sold on the Recycling
Property or to third parties.In the grinding process, Timber Creek may use loaders and
excavators and other necessary equipment to perform such grinding;.
5.2.2 Screeningb.Screening. Screening .The Recycling Materials,
before and after processing, may be screened. Screening of any Recycled Materials may
including the use of conveyors, trommels, hopper boxes, air systems, loaders and another other
equipment necessary to screen the Recycled Materials;
c.Windrowing. Windrowing Recycled Materials and
the use of windrow turns and other equipment
necessary to windrow the Recycled Materials;
d.Crushing. Crushing asphalt and concrete,
including the use of a crusher and other equipment
necessary to crush asphalt and concrete; and
5.2.3 Feed. The Recycling Materials may be processed and transported
from the Recycling Property for feed for livestock or other agricultural uses, and may be sold on
the Recycling Property or to third parties.
5.2.4 Composting. The Recycling Materials may be composted on the
Recycling Property and transported from the Recycling Property for soil amendment, agricultural
uses or otherwise, and may be sold on the Recycling Property or to third parties.
5.2.5 Storing of Recycling Materials. The Recycled Materials, both
before and after processing, may be stored on the Recycling Property and on the balance of the
Property.
e.MiscellaneousMiscellaneous. Engaging . Engage
in any the following as part of the Recycling Activities: loading and unloading of trucks; use of
watering trucks on the Recycling Property and as part of the Recycling Activities; use of loaders,
graders, tractors (with implements), fork lifts, and other heavy equipment, Recycling Activities
and preparation and maintenance of the Recycling Property for the Recycling Activities; erection
and use of a weather station; modification of the Recycling Property for the Recycling Activities,
including leaching ponds and berms; use of air compressors, generators, tarps for covering of
Recycling Materials, and bagging systems.
Other Materials. Owner/Developer will process and utilize any
additional recyclable materials on the Property in a
reasonable manner.
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5.2.7 Other Activities. Timber Creek may engage in other activities
relating to the operation of Timber Creek and utilize any or all of the Recycling Materials as
deemed appropriate by Timber Creek, provided, however, that any such use shall be in
accordance with applicable laws and regulations governing such activities.
5.3 Related Activities. In addition to the Recycling Activities,
Owner/Developer Timber Creek may engage in uses on the Recycling Property that are related
to, support,or are in furtherance of the Recycling Activities (“Related Activities”). For
purposes of clarity, but not limitation, the following are examples of the Related Activities:
5.3.1 (a)Truck Parking. Owner/Developer Timber Creek may park
trucks used for delivery, removal and/or processing of Recycled Materials on the Recycling
Property.
5.3.2 Equipment. Owner/Developer Timber Creek may place,
operated, maintain, repair, relocate and remove any equipment, fixtures and personal prope rty
onto and from the Recycling Property in order to engage in the Recycling Activities.
5.3.3 Compliance with DEQ, Department of Agriculture and
Central District Health Department. Timber Creek may take any action to :
Comply with conditions imposed on it by the Department (a)
of Environmental Quality, the Department of Agriculture or
the Central District Health Department relating to the
Recycling Materials or the Recycling Activities ;
Comply with the rules and regulations relating to the (b)
Recycling Materials or the Recycling Activities which may
be adopted, revised or re-interpreted by the Department of
Environmental Quality, the Department of Agriculture or
the Central District Health Department ; and
Cure or correct deficiencies or issues identified by the (c)
Department of Environmental Quality, the Department of
Agriculture or the Central District Health Department .
5.3.4 Marking Marketing and Sale of Processed Recycling (c)
Materials. Owner/Developer Timber Creek may market and sale processed Recycling Materials
in accordance with applicable laws and regulations. . Processed Recycling Materials include,
but are not limited to, mulch, compost, bark, playground chips, sand,stone, concrete, asphalt,
etc.etc.
5.4 Retail Sales. Within the area on the Site Plan marked “Retail Sale”
Retail Area”),Timber Creek may sell processed Recycling Materials to the public. Timber
Creek shall take reasonable steps to keep the public purchasing Recycling Materials from the
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portion of the Recycling Property where active Recycling Activities occur. Retail sales in the
Retail Area are restricted as follows:
5.4.1 Hours of Operation. The Retail Area will not be open to the
public for the purchase of Recycling Materials outside of the following hours:
April –October:(a)
a.Monday –Saturday: 8:00 a.m. to 6:00 p.m.
b.Sundays: Closed
November –March:(b)
a.Monday –Saturday: 9:00 a.m. to 4:00 p.m.
b.Sundays: Closed
5.4.2 Vehicle Limitation. The following vehicles will be prohibited
from accessing the Retail Property for the purchase of processed Recycling Materials:
Commercial vehicles, as defined in Idaho Code §49 -123(d).(a)
Vehicles with more than two (2) axels; provided,however, (b)
that a trailer pulled by a two (2) axel vehicle does not count
towards the axel count.
5.4.3 Limitation on Sales. Timber Creek may only sell the following in
the Retail Area: a) processed Recycling Materials; b) landscaping materials, including but not
limited to, mulch, compost, bark, playground chips , and other products typically sold at a
nursery, excepting trees and shrubs; and c) products and materials to permit Timber Creek to
provide engineered soil to customers, including but not limited to gypsum, sulfur and nitrogen.
5.5 Recycling Activities Structures. Timber Creek may construct, relocate
or install the following : a) a scale house with approximate dimensions of forty five feet by
fifteen feet (45’x15’); b) a restroom with approximate dimensions of twenty feet by eight feet
20’x8’) with a septic system until sewer is available at the Recycling Property at which time the
restroom will connect to the sewer line; c) a storage shed with approximate dimension of forty
feet by eight feet (40’x8’); and d) a barbwire fence on the south east corner of the Property to
connect the existing fencing. The construction, relocation or installation of the above identified
structures shall not constitute “development” as defined in Section 3.4.
6.Conditions and Limitations to Operation of Timber Creek Recycling . To
mitigate or ameliorate any adverse effects from Timber Creek’s operation on the Property,
Timber Creek shall comply with the following conditions on its operation:
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6.1 Extent of Operations on Property. Timber Creek’s Recycling Activities
shall be limited to the Recycling Property; provided, however, that Timber Creek may store and
use processed Recycling Materials on the balance of the Property .
6.2 Composting.Composting on the Recycling Property shall be c onducted in
accordance with applicable law, rules and regulations. Prior to composting in quantities which
would require approval as a Tier 2 composting facility, Timber Creek shall satisfy all
requirements imposed on Tier 2 composting facilities by the Idaho Department of Environmental
Quality (“DEQ”). Timber Creek shall provide proof of satisfaction of DEQ’s requirements to
the City prior to composting as a Tier 2 composting facility. In connection with the Tier 2
designation process and operating as a Tier 2 facility,Timber Creek shall:
6.2.1 Odor Management. Adopt an odor management plan as part of
the Tier 2 approval process that satisfies DEQ. Upon being designated as a Tier 2 composting
facility, Timber Creek will provide a copy of the odor management plan approved by DEQ to the
City.
6.2.2 Compliance with DEQ and Central District Health . Comply
with all requirements of DEQ and the Central District Health Department (“CDHD”) as part of
the Tier 2 approval process. Following approval as a Tier 2 facility, Timber Creek shall
cooperate with DEQ and CDHD and permit monitoring of the composting operation and to
resolve any compliance issues.
6.3 Noise Mitigation. Timber Creek shall do or adopt the following to
mitigate the noise generated from Timber Creek’s Recycling Activities:
6.3.1 Mufflers. Timber Creek will acquire and install a Harco 2286RSL
10 SI SO SP HARCO MFG, or a muffler of equivalent quality and characteristics, on the
horizontal grinder and a muffler of similar quality and characteristics on the tub grinder . Timber
Creek shall provide notice to the City upon the installation of the muffler s.
6.3.2 Landscaping. Timber Creek will install trees and other
landscaping features on the Recycling Property, as is depicted on the Site Plan, to mitigate the
sound generated on the Recycling Property by the Recycling Activities . Said landscaping will be
installed within one (1)year from the date of this Agreement. Timber Creek shall provide
notice to the City when the landscaping set forth on the Site Plan has been installed.
6.3.3 Hours of Operation. Recycling Activities on the Property will be
limited to the following:
Monday –Friday: 7:00 a.m. to 6:00 p.m.(a)
Saturday: 8:00 a.m. to 6:00 p.m.(b)
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6.4 Visual Impact. To minimize any visual impact caused by the Recycling
Materials or the Recycling Activities, Timber Creek will:
6.4.1 Landscaping. Timber Creek will comply with the requirements of
Section 6.3.2;
6.4.2 Height of Recycling Materials. Timber Creek will keep the
height of piles of Recycling Materials at the greater of : a) twenty-five (25) feet,and b) the height
permitted by the Meridian Fire Department under applicable code, regulations and rules.
6.5 Dust Abatement.Timber Creek Recycling will take commercially
reasonable steps to abate the dust caused by the Recyclin g Activities as follows:
6.5.1 Water Tank. Maintain a 4,000 gallon water tank on the Property
to hold water for dust abatement purposes on the Recycling Property.
6.5.2 Sprinklers. Maintain a sprinkler system on roads and other parts
of the Recycling Property as deemed reasonably necessary by Timber Creek t o minimize dust
caused by Recycling Activities.
6.5.3 Water Trucks. Maintain water truck, tender or buffalo or other
similar equipment for dust abatement. Said equipment will be utilized to apply water to
unpaved portions of the Recycling Property or the Recycling Materials to minimize dust caused
by the Recycling Activities.
6.5.4 Spray Hoses.Spray hoses will be used as part of the Recycling
Activities to reduce dust caused by the Recycling Activities.
6.5.5 Wood Flour. Timber Creek Recycling will not accept or process
wood flour as part of the Recycling Activities.
6.6 Traffic for Recycling Materials. Traffic to the Recycling Property is
regulated as follows:
4.8.4 Traffic to Property. The following traffic to and from the
Property is hereby permitted and shall not constitute a nuisance:
Delivery of Recycled Materials . Delivery of (a)
Recycled Materials to the Property may be made by
consumer trucks, garbage trucks, semi -trailer trucks, and
any other similarly sized trucks. The number of deliveries,
on a daily basis, is capped at the number reasonably
necessary for Timber Creek Recycling to satisfy its
contracts and obligations for the acceptance of the
Recycled Materials
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Recycling Activities. Traffic to permit Timber (b)
Creek Recycling to adequately Recycling Activities. All traffic to permit Timber Creek to
perform the Recycling Activities, including , but not limited to, traffic for delivery of Recycling
Materials, any safety programs, fire prevention, odor management, and composingcomposting,
grinding and screening operations
Removal of Compost / Other Products is (c)
expressly permitted, except as limited by this Section 6.6, and shall not constitute a nuisance.
6.6.2 Compliance with Ada County Highway District . All traffic to
the Recycling Property shall comply with Ada County Highway District rules and regulations.
Owner/Developer may remove as much compost or other
products or byproducts of the Recycling Activities or
Related Activities as is necessary to maintain the Property,
comply with applicable laws and ordinances, and satisfy
Timber Creek Recycling’s contracts and obligations
relating to the Recycled Materials. Owner/Developer may
remove the compost or other products or byproducts of the
Recycling Activities by truck or any other means deemed
appropriate or necessary, and in sufficient number so as to
meet the above mentioned obligations.
Other Traffic to Property. All other traffic to the (d)
Property necessary for the operation of Timber Creek
Recycling, including, but not limited to the sale of compost
and other products sold by Timber Creek Recycling.
6.6.3 Truck Limitation. No more than fifty-six (56) Truckloads of
Recycling Materials will be delivered to the Recycling Property per day. For purposes of this
Agreement, “Truckload” shall mean any truck or vehicle carrying ten (10) or more cubic yards
of Recycling Materials to the Recycling Property for Recycling Activities. For purposes of
clarification, the following do not qualify as a Truckloads:
Vehicular traffic associated with the agricultural use of the (a)
Property such as delivery of feed , livestock, equipment and
fertilizer or the removal of crops, livestock, equipment,
feed, waste or fertilizer;
Vehicles to and from the Retail Area;(b)
Vehicular traffic to and from the Property not carrying (c)
Recycling Materials;and
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Vehicular traffic from the Property delivering Recycling (d)
Materials for agricultural uses.
6.7 Agency Requirements/Recommendations . Timber Creek shall comply
with the following requirements and recommendations from the following agencies:
6.7.1 Fire.
Emergency Plan. Timber Creek shall prepare and deliver (a)
a emergency plan to the Meridian Fire Code Official.
Timber Creek shall notify the City upon approval of the
emergency plan.
Process Hazard Analysis. Timber Creek shall prepare a (b)
process hazard analysis which satisfies the requirements of
the International Fire Code, Section 5001.3.3.11 -17 (2015)
and deliver to the Meridian Fire Code Official , if required
by the Meridian Fire Code Official.
6.7.2 Irrigation. Obtain approval from the applicable irrigation district
for any use of or encroachment on the easement(s) surrounding the canals bordering the
Recycling Property. If any such approval is required, Timber Creek shall provide evidence of
said approval to the City.
6.7.3 Land Development Services. As long as Timber Creek is
engaged in Recycling Activities, the Recycling Property shall be open to inspection for
compliance with this Agreement by the Land Development Services, upon advance notice.
6.7.4 Complaints. Timber Creek will set up a telephone line, email
account, or other means of communication for neighbors to be able to submit comments and
complaints to Timber Creek relating to the Recycling Activities.
6.8 Termination of Recycling OperationsActivities. The above listed
recycling activities Recycling Activities on the Recycling Property will cease, unless permitted
in the UDC,upon the earliest of the following to occur:
6.8.1 Conveyance to Third Party(a). Upon the conveyance of the
Recycling Property to a third party;provided, however, that the conveyance of the Recycling
Property: 1) via intestacy or other estate planning devise or instrument; 2) to an immediate
family member of any member of the Owner/Developer or Timber Creek; or 3) to an affiliated
entity, will not trigger the elimination of the uses permitted in this Section 4.8.3Recycling
Activities. For purposes of this Section 4.8.3, an “affiliated entity”is an entity: (a) which is a
successor to Owner/Developer or Timber Creek by either merger or consolidation or pursuant to
sale of all or substantially all of Owner/Developer’s or Timber Creek’s assets or membership
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interests, or (b) an entity controlled by, or under common control with, or controlling
Owner/Developer; or
6.8.2 Development of Adjacent Property. Within thirty (30) days of
the latter of: i) written notice that the City of Meridian granting has granted a Certificate of
Occupancy to any new residential or commercial development within 1000 feet of the grinding
machine located on the Recycling Property, as approximately depicted on the attached Exhibit C;
or ii)notice of the granting of a Certificate of Occupancy to any “C”,being delivered to Timber
Creek. For purposes of this Section 6.8.2, a “new residential or commercial development ” shall
mean real property which has:
Been annexed into the City;(a)
Zoned either with a commercial designation or a residential (b)
designation of R-4 or denser;
Has been subdivided in accordance with Meridian City (c)
Code, excepting however any real property subdivided by a
short plat under Meridian City Code 11 -6B-6; and
Receives water and sewer services from the City.(d)
within 1000 feet of the grinding machine located on the Property being delivered
to Owner/Developer.4.9Construction or completion of two sheds on the
Property to replace a shed which burned down in 2015. The approximate
dimensions of the sheds are eighty feet by twenty feet (80’x20’) for a scale
for the Recycling Activities and sixty feet by one hundred twenty feet
70’x160’). Both building will have a restroom. Construction has
commenced on these sheds or will commence within one year of
annexation. The construction of the sheds shall not con stitute
development” as defined in Section 3.4.
In no event will the issuance of a Certificate of Occupancy for any structure existing (b)
as of the date of this Agreement,as may be expanded, modified or altered, or for any new
accessory building,within 1000 feet of the grinding machine on the Recycling Property trigger
Timber Creek’s obligation to cease operations under this Section 6.8.2.
6.9 Sunset on Composting . Timber Creek’s use of the Recycling Property
for composting, as permitted under this Agreement, shall be reviewed by the City in 2030 . As
part of the review, City shall: a) consider the development of the property surrounding the
Recycling Property, the benefits derived by the community by the compos ting,and Timber
Creek’s compliance with this Agreement; and b) hold a public hearing, with notice as required
by the UDC, and permit the public to provide input on whether to continue to permit composting
on the Recycling Property. The City shall determine whether to permit Timber Creek to
continue composting on the Recycling Property for another period of ten (10) years under the
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terms of this Agreement, permit composting with revised conditions, or terminate Timber
Creek’s composting on the Recycling Property (unless permitted under the UDC).
6.10 Tolling of Deadlines. In the event the approval of this Agreement is
challenged, contested or appealed, in any manner, the deadlines imposed on Timber Creek under
this Section 6 shall be tolled until all challenges, contents and appeals have been completely and
finally resolved.
7.5.CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY:
7.1 5.1Owner/Developer shall develop the Property in accordance with the
following special conditions:
7.1.1 5.1.1Future Except as otherwise provided in this Agreement, future
development of the Property shall comply with the ordinances in the
Meridian City Code in effect at the time of development.
7.1.2 5.1.2Future Except as otherwise provided in this Agreement, future
development of the Property shall comply with all bulk, use, and
development standards of the R-4 zoning district listed in UDC 11-2A-5,
unless rezoned by City in accordance with the UDC following application
by the Owner/Developer or future developer, and then in accordance with
the new zoning designation.
7.1.3 5.1.3Any property or easements reasonably needed by the City to
provide any sewer or water infrastructure in furtherance of this Agreement
shall be provided by the Owner/Developer at no cost to the City.
7.1.4 5.1.4Any future development of the Property which will require an
amendment to this Agreement to approve any proposed development plan
may be sought by the Owner/Developer. The first such request for an
amendment shall be at no cost to the Owner/Developer or future
developer.
8.COMMITMENTS AND CONDITIONS BY THE CITY OF MERIDIAN:
8.1 6.1The City intends to extend the sewer and water infrastructure (“Utility
Extension”) which will benefit the Property, the City, and other adjacent
and adjoining properties. The City will endeavor to design the Utility
Extension in a manner consistent with the City’s Sewer Master Plan
including the assumptions and tolerances included in the Sewer Master
Plan) in existence at the time the city designs the Utility Extension. In
furtherance of this objective,the Utility Extension will include, but is not
limited to, the extension of:
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Water Mains; and(a)
Sewer Mains; and(b)
Trunk Lines.(c)
A complete description of the Utility Extension is set forth in Exhibit “C”,
incorporated by reference to this Agreement.
8.2 6.2The City shall be expending funds to plan, design, and construct the
Utility Extension described in 6.1 over the course of time. The City
anticipates completion of the initial phase of the Utility Extension in or
about Meridian Road/State Highway 69 within approximately two (2)
years from the date of the publication of the annexation ordinance for the
Property and the completion of the Utility Extension in or about Linder
Road and Victory Road in approximately four (4) years from the date of
the publication of the annexation ordinance for the Property. The above
described timelines for completion of the Utility Extension are subjec t to
the following conditions:
Acts of God; or(a)
Denial of the Application by the City or any other (b)
governmental agency with authority to approve or deny the
Application or Utility Extension ; or
Any legal challenge to the annexation of the Property that (c)
causes the delay of the annexation approval; or
The inability of the City to acquire all the needed target (d)
properties necessary to allow for the necessary expenditure
of the Utility Extension; or
Economic limitations, as prescribed by law; or(e)
Permitting limitations or denials; or(f)
The inability to acquire the necessary easements for the (g)
Utility Extension; or
Geology and/or geography of the area; or(h)
Weather conditions that may cause delay; or(i)
Unavailability or delay of materials for the Utility (j)
Extension; or
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Review or delay by other agencies needed for approvals of (k)
the Application or Utility Extension; or
Labor disputes, strikes, work stoppages; or (l)
Limitations by other governmental, semi -governmental, or (m)
private industry restrictions unanticipated at the ti me of
execution of this Agreement; or
Any and all contingencies, whether anticipated or not,that (n)
are beyond the control of the City.
8.3 6.3In the event the City reasonably determines that it cannot complete the
Utility Extension within the timeframes set forth above in Section 8.2 due
to the occurrence of any of the conditions set forth in Sections (a)to (n),
the Owner/Developer or the City may terminate this Agreement upon
compliance with the requirements of the UDC,
8.4 6.4This Agreement is part of an application for the simultaneous
annexation of numerous parcels. This Agreement shall be null and void if
the annexation of the Property or any other of the parcels to be
simultaneous annexation is not approved.
9.DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
9.1 Acts of Default. In the event either party fails to faithfully comply with
all of the terms and conditions included in this Agreement, this Agreement
may be terminated by the Owner /Developer or the City upon compliance
with the requirements of this Agreement and in a manner prescribed by
law or ordinance.
9.2 Notice and Cure Period . In the event of any alleged default or failure to
perform any obligation under this Agreement, the non-defaulting party
shall give the alleged defaulting party written notice thereof. The party
given notice of failure shall have a period of thirty (30) days after such
notice is given within which to cure such default, which period shall be
extended to the extent reasonably necessary to complete such cure so long
as the cure was commenced within thirty (30) days after such notice is
given and thereafter prosecuted with due diligence.
9.3 Remedies.
9.3.1 Remedies Against the Owner/Developer. In the event of default
by Owner/Developer that is not cured after notice as described in Section
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9.2, Owner/Developer shall be deemed to have consented to modification
of this Agreement and de-annexation and reversal of the zoning
designations described herein, solely against the offending portion of
Property and upon the City’s compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code
67-6509 and 67-6511. Owner/Developer reserves all rights to contest
whether a default has occurred. This Agreement shall be enforceable in
the Fourth Judicial District Court in Ada County by the City. The sole
remedy for enforcement of this Agreement may be sought by an
appropriate action at law or in equity to secure the specific performance of
the covenants, agreements, conditions, and obligations contained within
this Agreement or to de-annex the Property.
9.3.2 Remedy against the City . In the event of default by the City that
is not cured after notice as described in Section 7.2,the City shall be
deemed to have consented to modification of this Agreement and de-
annexation and reversal of the zoning designations described herein, solely
against the offending portion of Property and upon City’s compliance with
all applicable laws, ordinances and rules, including any applicable
provisions of Idaho Code §§ 67-6509 and 67-6511. The City reserves all
rights to contest whether a default has occurred.
9.4 Delay. In the event the performance of any covenant to be performed
hereunder by either the Owner/Developer or the City is delayed for causes
that are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance shall
be extended by the amount of time of such delay.
9.5 Waiver. A waiver by a party of any default of any one or more of the
covenants or conditions hereof shall apply solely to the default and
defaults waived and shall neither bar any other rights or remedies nor
apply to any subsequent default of any such or other covenants and
conditions.
10.INSPECTION: Following the development of the Property, Owner/Developer
shall, immediately upon completion of any portion or the entirety of said development of the
Property,as required by City ordinance or policy, notify the City Engineer and request the City
Engineer’s inspections and written approval of such completed improvements or portion thereof
in accordance with the terms and conditions of this Agreement and all other ordinances of the
City that apply to said Property.
11.REQUIREMENT FOR RECORDATION: City shall record, at its cost and
expense,either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of
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the ordinance annexing and re-zoning the Property. If for any reason after such recordation, the
City Council fails to adopt the ordinance in connection with the annexation and zoning of the
Property contemplated hereby, the City shall execute and record an appropriate instrument of
release of this Agreement, at its cost and expense.
10.ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12.SURETY OF PERFORMANCE: Following the development of the Property,
the City may require surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure the installation of
future improvements, which the Owner/Developer agrees to provide, if required by the City.
13.CERTIFICATE OF OCCUPANCY: Following the development of the
Property, no Certificates of Occupancy shall be issued in any phase in which the improvements
have not been installed, completed, and accepted by the City.
14.ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to
abide by all ordinances of the City, except as otherwise provided in this Agreement,and the
Property shall be subject to de-annexation if the Owner/Developer shall not meet the conditions
contained in the Findings, this Agreement, and the ordinances of the City.
15.NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested,
addressed as follows:
CITY:City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
with copy to:City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
OWNER/DEVELOPER:L & G Murgoitio, LLC
6575 S. Locust Grove Road
Meridian, Idaho 83642
15.1 14.1A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the requirements of this section.
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16.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 attorney’s 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.
17.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 other party so failing to perform.
18.BINDING UPON SUCCESSORS: This Agreement shall be binding upon and
inure to the benefit of the parties’ respective heirs, successors, assigns and personal
representatives, including City’s corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer, each subsequent owner and any other
person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or
alienation of the Property, or portions thereof, except that any sale or alienation shall be subject
to the provisions hereof and any successor owner or owners shall be both benefited and bound by
the conditions and restrictions herein expressed. City agrees, upon written request of
Owner/Developer, to execute appropriate and recordable evidence of termination of this
Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer
has fully performed its obligations under this Agreement.
19.INVALID PROVISION: If any provision of this Agreement is held not valid by
a court of competent jurisdiction, such provision shall be deemed to be excised from this
Agreement and the invalidity thereof shall not affect any of the other provisions contained
herein.
20.DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each
party shall act reasonably in giving any consent, approval, or taking any other action under this
Agreement.
21.FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the
subject matter hereof, and there are no promises, agreements, conditions or understanding, either
oral or written, express or implied, between Owner/Developer and City, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them and pursuant, with respect to City, to a duly adopted ordinance or resolution of
City.
21.1 20.1No condition governing the uses and/or conditions governing re-
zoning of the subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in accordance with
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the notice provisions provided for a zoning designation and/or amendment in force at the time of
the proposed amendment.
22.EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on
the date the Meridian City Council shall adopt an ordinance in connection with the annexation
and zoning of the Property and execution by the Mayor and City Clerk.
SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF,the parties have herein executed this Agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER:
L & G Murgoitio, LLC
Date: __________________________By:
Name:
Title:
CITY OF MERIDIAN:
Date: __________________________By:
Mayor Tammy De Weerd
ATTEST:
Jaycee L. Holman, City Clerk
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STATE OF IDAHO )
ss.
County of Ada )
On this _____ day of FebruarySeptember, 2018, before me,
a Notary Public in and for said State, personally
appeared , known or identified to me to be the
manager or a member of L & G Murgoitio, LLC, or the person who executed the instrument on
behalf of said limited liability company and acknowledged to me that such limited liability
company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public for Idaho
Residing at
My commission expires
STATE OF IDAHO )
ss.
County of Ada )
On this _____ day of ______________, 2018, before me, a Notary Public, personally
appeared Tammy De Weerd and Jaycee L. Holman, known or identified to me to be the Mayor
and Clerk, respectively,of City of Meridian who executed the instrument or the person that
executed the instrument on behalf of said City, and acknowledged to me that such City executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public for Idaho
Residing at
My commission expires
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
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EXHIBIT B
COPY OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER
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EXHIBIT C
SITE PLAN
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STAFF REPORT
HEARING DATE: July 17, 2018
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
SUBJECT: Timber Creek Recycling – MDA H-2018-0042
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Michael Murgoitio, requests an amendment to the development agreement (MDA)
Instrument No. 2016-007075) for Timber Creek Recycling to add a commercial composting component to
their current business operations on the site. See Section IX Analysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends denial of the proposed MDA based on the analysis in Section VII.
III. PROPOSED MOTION
Denial
After considering all staff, applicant and public testimony, I move to deny H-2018-0042 as presented in the
staff report for the hearing date July 17, 2018, for the following reasons: (You should state specific reasons
for denial.)
Continuance
I move to continue File Number H-2018-0042 to the hearing date of (insert continued hearing date here) for
the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 7695 S. Locust Grove Road, in the southeast ¼ of Section 6, Township 2N., Range
1E.
B. Owner:
Gary Murgoitio
6575 S. Locust Grove Rd.
Meridian, ID 83642
C. Applicant:
Michael Murgoitio
2623 S. Hillis Place
Meridian, ID 83642
D. Representative:
Same as Applicant
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
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V. PROCESS FACTS
A. The subject application is for a development agreement modification. A public hearing is required
before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: June 29, 2018
C. Radius notices mailed to properties within 300 feet on: June 20, 2018
Note: Because the Director deemed the proposed use to be heavy industrial and because of the
potential impact on adjacent residential properties, radius notices were sent to property owners within
1,000 feet of the external property boundaries instead of the typical 300 feet in accord with UDC 11-
5A-5E.2c.
D. Applicant posted notice on site by: July 6, 2018
VI. LAND USE
A. Existing Land Use(s): An agricultural based wood recycling business currently operates on this
property in the R-4 zoning district.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The properties around this site
consist of rural residential and agricultural land zoned R-4 in the City, and RUT & RR in Ada County.
C. History of Previous Actions: This property was annexed in 2015 as part of the South Meridian
annexation application (H-2015-0019). A development agreement (DA) was required as a provision of
annexation, recorded as Instrument No. 2016-007075. At the time of annexation, the Applicant was
operating a recycling business on this site in Ada County; the existing use was allowed to continue with
annexation into the City under the terms described in the DA – no change in the uses specified in the
DA are allowed without modification of the agreement.
VII. ANALYSIS
MDA Request: The Applicant proposes to amend the development agreement (DA) for the subject
property to add a commercial composting component and retail sales to their existing recycling
operation, which primarily consists of wood products (see proposed amendments to DA in Exhibit A.3).
A concept plan was submitted, included in Exhibit A.3, which depicts the layout of the site and location
of specific proposed operations.
Currently, materials such as wood, grass, leaves, sheetrock and other material received from the Ada
County Landfill and miscellaneous contractors are recycled and used on their farm and sold wholesale.
There are no established hours of operation for the current business.
Additional materials proposed to be composted consist of food and garden waste and demolition debris.
Activities associated with the proposed use consist of grinding, screening, windrowing, bagging, usage
of tarps for covering and storage of material, and delivery trucks parked on the site. (Note: The
Applicant has removed crushing of asphalt and concrete; and recycling of demolition debris and
biosolids from his application request.)
The use of equipment such as air compressors, generators, loaders, water trucks, graders, tractors with
implements, fork lifts and other heavy equipment is proposed to conduct the recycling activities. A 45’
x 15’+/- scale house, 20’ x 8’+/- bathroom with a septic system, 8’ x 40’+/- storage shed and weather
station are proposed to be erected on the site and leaching ponds and berms are proposed to be
constructed. Processed recycled materials such as mulch, compost, bark, playground chips, sand, stone,
etc. are proposed to be marketed and sold on the site.
The DA currently restricts the daily number of truckload deliveries to the site for different types of
materials (i.e. wood – 20; grass – 5; leaves – 10; and sheetrock – 5, for a total of 40 truckloads daily;
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these restrictions are proposed to be removed entirely which would allow for unlimited truck
traffic to/from the site for the existing as well as the proposed use. In an email included in the
application to ACHD, the Applicant states that 7 garbage truck deliveries are anticipated per day with
garden and food waste from Republic Services if a contract is obtained with the City for curbside pick-
up (if not, there will be no garden and food waste deliveries) but no restrictions are proposed on the
total number of deliveries per day. Traffic will increase significantly beyond that generated by the
current use with the proposed commercial composting activities resulting from deliveries of materials
from consumer trucks, garbage trucks, semi-trailer trucks, and other similar sized trucks.
The applicant proposes to operate the composting program between the hours of 7:00 am and 6:00 pm
Monday thru Friday and Saturday 8:00 am to 6:00 pm. An area will be designated where the general
public can drop off their wood products and pick up recycled products. Citizens of Meridian will be
able to pick up free compost if the Applicant is awarded a contract from City of Meridian for the
curbside recycling program.
The proposed composting facility is planned to operate for a total of 10 years; during the last 5 years,
the Applicant intends to conduct an impact study in conjunction with surrounding developers to
determine if after the 10 years they need to relocate the recycling and composting activities to another
site.
Public Testimony: Many letters of testimony have been received by the City from nearby
residents for and against the proposed business expansion and DA amendment. Please see the
public record for more information on the details of the testimony. A general summary of the
testimony includes the following concerns/ comments pertaining to the proposed use:
1) Increase in truck traffic entering/exiting the property and impact on adjacent roads and
traffic (suggestion to limit truck traffic to non-commuting hours to reduce traffic conflicts of
trucks using two lanes to turn at the Columbia/Locust Grove intersection);
2) Increase in dust generated from the existing and proposed use and mitigation thereof;
3) Increased noise generated from heavy equipment, grinders and trucks and impact on
residential neighbors;
3) Size and height of recycling materials piles and potential fire hazard of compost piles;
4) Unpleasant odors generated from decomposition of materials (food and waste) to be
recycled and pests (i.e. rodents, birds, skunks, flies, bees, mosquitos, etc) - suggestion to
require regular inspections to ensure best practices for recycling/composting are being
practiced to reduce issues;
5) Unsightly landscape of the site (i.e. trash, stock piles of materials to be recycled, etc.);
6) Limitation of business hours that the recycling operation is open to the public and that
recycling activities occur to reduce impacts of light pollution and noise on neighbors;
7) Require fencing around the perimeter of the site to prevent future conflicts between the
business and area residents;
8) Reduced residential property values and a less desirable location with the proposed use;
9) Concern pertaining to water quality (potential for toxins leaching into the water) and water
table; increased risk of contamination of surface and groundwater (leachate) from the facility
which borders an irrigation canal;
10) Negative impact on quality of life for adjacent residents (excess dust, noise, odor,
appearance of site);
11) Support of proposed recycling operation which will reduce trash in landfills and is good
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for the community and environment;
12) Success of composting program in the City of Boise and benefit for residents;
13) Emission of bioaerosols (airborne particles that contain live organisms or were released
from living organisms, may contain bacteria, fungi, viruses, microbial toxins, pollen, plant fibers,
etc.) from composting activities which may pose a hazard to susceptible members of the
public;
14) Need for improvements to infrastructure to support homes that are currently under
development in the area and increased traffic from large commercial trucks from the
proposed use;
15) Industrial/commercial use does not belong in residential area that is continuing to grow
with families;
16) High winds in this area blowing trash onto adjacent properties;
17) Potential for insects drawn to the proposed use to carry disease to residents, pets and
livestock on neighboring properties; and,
18) Potential contamination of soil.
Staff Concerns: The current R-4 zoning of the property primarily allows for residential uses and other
low impact uses as identified in UDC Table 11-2A-2; industrial uses are prohibited. The
Comprehensive Plan FLUM designation for this property is primarily Low Density Residential (LDR)
3 or fewer units per acre) with a small portion designated Medium Density Residential (MDR) (3 to 8
dwelling units per acre). The existing and proposed use is inconsistent with these designations and
wouldn’t have been allowed to operate in the R-4 zoning district in the City if it hadn’t been operating
in the County when the City annexed the property and allowed the use to continue under the parameters
contained in the DA.
Expanding the use to a more intense industrial use is prohibited and should not be allowed through a
modification to the DA or through other means. Further, staff would not recommend an amendment to
the FLUM as the use is only intended to be an interim use until residential uses develop on the property
in the future. An amendment to allow Industrial use of the property would negatively impact existing
and future planned and entitled adjacent residential properties. The proposed septic system is not
allowed in the City.
Staff is concerned that if the proposed industrial use is allowed to expand under a DA amendment, that
it would become a liability to the City. An interim gravel mining use was approved a few years ago in
south Meridian through a conditional use permit in a residential district where the property abutted
residential properties. There were a lot of complaints from neighbors pertaining to noise, dust, structural
damage to homes, hours of operation, etc., which had a significant impact on City resources (i.e. Code
Enforcement and Planning Division). This resulted in a UDC amendment that now prohibits such uses
in residential districts.
The primary purpose of zoning is to segregate uses that are incompatible and prevent new development
from interfering with existing uses and/or to preserve the “character” of a community. The proposed use
would create just that, an incompatible use adjacent to existing and future low density residential
properties and impact the rural residential/agricultural character of this area. The following provisions
in the Comprehensive Plan are applicable to the proposed use:
Minimize noise, odor, air pollution and visual pollution in industrial and commercial
development adjacent to residential areas (3.06.01A)
Protect existing residential properties from incompatible land use development on adjacent
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parcels. (3.06.01F)
Locate industrial and commercial uses where adequate water supply and water pressure are
available for fire protection. (3.04.02A)
Require industrial areas to create a site design compatible with surrounding uses (e.g.
landscape, fences, etc.) and community design criteria. (3.06.01A)
Encourage industrial development to locate adjacent to existing industrial uses. (3.06.01C)
Require industrial development to conform to Federal and State air, water and noise pollution
standards, and local landscaping, traffic, noise, and environmental standards. (3.06.01D)
Require screening and buffering of commercial and industrial properties to residential use with
transitional zoning. (3.06.01E)
Require industrial uses to conform to disposal, spill and storage measures as outlined by the
EPA. (6.05.01B)
Therefore, staff recommends denial of the applicant’s requested modifications to the DA based on the
proposed use being a prohibited use in the R-4 district and not being consistent with the Comprehensive
Plan based on the analysis above.
Note: If the Council deems that the proposed use and requested amendments to the DA are appropriate,
the project will need to be continued to a subsequent hearing in order for Staff to prepare the amended
DA and any other applicable provisions.
VIII. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Concept Plan
3. Proposed Changes to the Development Agreement
Meridian City Council Meeting Agenda September 18, 2018 – Page 363 of 385
Timber Creek Recycling - MDA H-2018-0042 6
Exhibit A.1: Vicinity/Zoning Map
Meridian City Council Meeting Agenda September 18, 2018 – Page 364 of 385
Timber Creek Recycling - MDA H-2018-0042 7
Exhibit A.2: Concept Plan
Meridian City Council Meeting Agenda September 18, 2018 – Page 365 of 385
Timber Creek Recycling - MDA H-2018-0042 8
Exhibit A.3 – Proposed Changes to the Development Agreement
see following pages)
Meridian City Council Meeting Agenda September 18, 2018 – Page 366 of 385
Meridian City Council Meeting Agenda September 18, 2018 – Page 367 of 385
Meridian City Council Meeting Agenda September 18, 2018 – Page 368 of 385
Meridian City Council Meeting Agenda September 18, 2018 – Page 369 of 385
Meridian City Council Meeting Agenda September 18, 2018 – Page 370 of 385
Meridian City Council Meeting Agenda September 18, 2018 – Page 371 of 385
Meridian City Council Meeting Agenda September 18, 2018 – Page 372 of 385
Meridian City Council Meeting Agenda September 18, 2018 – Page 373 of 385
Meridian City Council Meeting Agenda September 18, 2018 – Page 374 of 385
Meridian City Council Meeting Agenda September 18, 2018 – Page 375 of 385
Meridian City Council Meeting Agenda September 18, 2018 – Page 376 of 385
Meridian City Council Meeting Agenda September 18, 2018 – Page 377 of 385
Meridian City Council Meeting Agenda September 18, 2018 – Page 378 of 385
Meridian City Council Meeting Agenda September 18, 2018 – Page 379 of 385
Meridian City Council Meeting Agenda September 18, 2018 – Page 380 of 385
Meridian City Council Meeting Agenda September 18, 2018 – Page 381 of 385
Meridian City Council Meeting Agenda September 18, 2018 – Page 382 of 385
Meridian City Council Meeting Agenda September 18, 2018 – Page 383 of 385
Meridian City Council Meeting Agenda September 18, 2018 – Page 384 of 385
Meridian City Council Meeting Agenda September 18, 2018 – Page 385 of 385
2016
Ada County
G.I.S. Image
July 2018
July 2018
July 2018
July 2018
Locations of
Timber Creek facility
and
Boise City facility
Boise’s
Composting
Facility
1-mile
radius
Timber Creek’s
Composting
Facility
1-mile
radius
Boise’s
Composting
Facility
Homes Within
One Mile
Timber Creek’s
Composting
Facility
Homes Within
One Mile
,d gOTEMP°
INSTRUMENTS
COMPOST PRODUCT & PRICING GUIDE
_A _
W -M
HEAVY DUTY COMPOST THERMOMETER
The Heavy Duty Thermometer is our most popular model. Its 5/16" diameter stem and rugged all stainless design is perfect for an
industrial composting facility. Add a Probe Handle for easy insertion and to protect the dial. If you need maximum protection from
bending, add our Probe Guard.
_ Model # Stem Price MADE IN THE USA ACCURACY COMPATIBLE COMPATIBLE
5/16" (.31") Stem Diameter
Code Range
F43 0 to 200°F
C43 0 to 100°C
D43 0 to 200°F & -10 to 90°C
SUPER DUTY COMPOST THERMOMETER WITH FAST RESPONSE
The Super Duty Fast Response Thermometer is the best of both worlds, it's stronger and has a 20% faster response time than our
heavy duty model. It's a great choice if you need extra strength and are looking to speed up the temperature collection process. Add a
Probe Handle for easy insertion and to protect the dial.
Length
A24PF
2 ft.
$ 99
A36PF
3 ft.
$ 119
A48PF
4 ft.
$ 159
A60PF
5 ft.
$ 209
A72PF
6 ft.
$ 259
Code Range
F43 0 to 200°F
C43 0 to 100°C
D43 0 to 200°F & -10 to 90°C
SUPER DUTY COMPOST THERMOMETER WITH FAST RESPONSE
The Super Duty Fast Response Thermometer is the best of both worlds, it's stronger and has a 20% faster response time than our
heavy duty model. It's a great choice if you need extra strength and are looking to speed up the temperature collection process. Add a
Probe Handle for easy insertion and to protect the dial.
318" (.38") Stem Diameter
(Stronger than Heavy Duty)
1/4" (.25") Tip Diameter
r — (Heats Up Quicker)
PROBE HANDL .
The Probe Handle is a great accessory. It gives you something to
hold onto as you push the probe into the pile or pull it back out. It
threads onto the back of the dial.
Model # Price
FM -0 $ 28
Code Range
F43 0 to 200°F
C43 0 to 100°C
D43 0 to 200°F & -10 to 90°C
PROBE GUARD
The Probe Guard is a good choice if your compost has large
chunks of wood or other material which is likely to cause the
stem to bend. The guard consists of a thick walled stainless steel
sheath that fits tightly against the HD thermometer stem along
with a probe handle for easy insertion/removal.
Model # Stem Price
FM24-16 2 ft. $ 139
Foruse FM36-16 3 ft. $ 149
with heavy FM48-16 4 ft. $ 159
FM60-16 5 ft. $ 169
•
FM72-16 6 ft. $ 179
•
20% Faster Response
Time
�.
Made in the USA
• Super Duty 3/8" Stem
Response 114" Tip
Diameter & Fast
Stronger Stem and Durable
All Stainless
Steel Construction
318" (.38") Stem Diameter
(Stronger than Heavy Duty)
1/4" (.25") Tip Diameter
r — (Heats Up Quicker)
PROBE HANDL .
The Probe Handle is a great accessory. It gives you something to
hold onto as you push the probe into the pile or pull it back out. It
threads onto the back of the dial.
Model # Price
FM -0 $ 28
Code Range
F43 0 to 200°F
C43 0 to 100°C
D43 0 to 200°F & -10 to 90°C
PROBE GUARD
The Probe Guard is a good choice if your compost has large
chunks of wood or other material which is likely to cause the
stem to bend. The guard consists of a thick walled stainless steel
sheath that fits tightly against the HD thermometer stem along
with a probe handle for easy insertion/removal.
Model # Stem Price
FM24-16 2 ft. $ 139
Foruse FM36-16 3 ft. $ 149
with heavy FM48-16 4 ft. $ 159
FM60-16 5 ft. $ 169
•
FM72-16 6 ft. $ 179
HEAVY DUTY DIGITAL COMPOST THERMOMETER
The New REOTEMP Heavy Duty Digital Compost Probe is a high accuracy probe that features an easy -to -read digital display with
integrated probe handle. This probe is well suited for larger compost piles where a more rugged probe is needed. Unlike the mechanical
dial compost thermometers, the durable 5/16" stem can withstand some bending and maintain its functionality. The Heavy Duty Digital
comes with a 1 Year Limited Warranty and is made in the USA. Our digital units are accurate to ±0.95°F at 131'F (±0.53°C at 55°C).
The battery life is rated to 5 years.
Model # Stem Price U
5/16" (.31") Stem Diameter
Code
F
C
-58 to 392°F
-50 to 200°C
Replacement Battery
Pack $10
MADE IN THE USA HIGH ACCURACY
SUPER DUTY DIGITAL COMPOST THERMOMETER WITH FAST RESPONSE
The New REOTEMP Super Duty Digital Compost Probe with Fast Response is a high accuracy probe which features an easy -to -read
digital display with integrated probe handle. The Fast Response design results in a 20% faster response time vs. the Heavy Duty
model, speeding up the temperature collection process. The durable 3/8" diameter stem is thicker than the Heavy Duty model. Like the
Heavy Duty model, the stem can be bent and still function. The Super Duty Digital
comes with a 1 Year Limited Warranty and is made in the USA. Our digital units are
accurate to ±0.95°F at 131 °F (±0.53°C at 55°C). The battery life is rated to 5 years.
MADE IN THE USA HIGH ACCURACY
3/8" (.38") Stem Diameter
(Stronger than Heavy Duty)
-58 to 392°F
-50 to 200°C
Replacement Battery
Pack $10
1/4" (.25") Tip Diameter
(Heats up Quicker)
Length
DC24PF
2 ft.
$ 289
DC36PF
3 ft.
$ 299
DC48PF
4 ft.
$ 309
DC60PF
5 ft.
$ 319
DC72PF
6 ft.
$ 329
Code
F
C
-58 to 392°F
-50 to 200°C
Replacement Battery
Pack $10
MADE IN THE USA HIGH ACCURACY
SUPER DUTY DIGITAL COMPOST THERMOMETER WITH FAST RESPONSE
The New REOTEMP Super Duty Digital Compost Probe with Fast Response is a high accuracy probe which features an easy -to -read
digital display with integrated probe handle. The Fast Response design results in a 20% faster response time vs. the Heavy Duty
model, speeding up the temperature collection process. The durable 3/8" diameter stem is thicker than the Heavy Duty model. Like the
Heavy Duty model, the stem can be bent and still function. The Super Duty Digital
comes with a 1 Year Limited Warranty and is made in the USA. Our digital units are
accurate to ±0.95°F at 131 °F (±0.53°C at 55°C). The battery life is rated to 5 years.
MADE IN THE USA HIGH ACCURACY
3/8" (.38") Stem Diameter
(Stronger than Heavy Duty)
-58 to 392°F
-50 to 200°C
Replacement Battery
Pack $10
1/4" (.25") Tip Diameter
(Heats up Quicker)
ECOPROBE'" WIRELESS TEMPERATURE MONITORING SYSTEMS
06
1 P 0�flE
v -
MADE IN THE USA
REOTEMP's EcoProbe TM System wirelessly monitors the internal temperature of your compost
piles. With over 20 years in the compost industry, REOTEMP has used its experience to design
and build the most durable and reliable system on the market. The EcoProbe System reduces
labor costs while increasing efficiency, product quality, and operational control. When you invest
JEW in an EcoProbe System, you ensure years of hassle -free monitoring and regulatory compliance.
Triple Sealed Enclosure (Super Duty): Compost may seem like
a fairly harmless media but in reality it's a very harsh and corrosive
environment. REOTEMP's EcoProbes are built to last. Our unique
enclosure helps probes withstand the demanding wear of a compost
site. Wireless probes are subjected to large changes in temperature
and (if outdoors) exposed to the weather. An improperly sealed
enclosure is prone to open over time, allowing moisture and corrosive
atmospheric gases to damage electronic components.
Non-metal Stem Sheath: When stainless steel stems are left in compost for days or weeks at a time, they are
very likely to corrode and pit. In a few months, this corrosion can eat all the way through the stem and cause
probe failure. To prevent this corrosion, REOTEMP has designed a unique non-metal sheath which completely
encases the inner stainless steel stem. Our design prevents corrosion, while maintaining proper heat transfer.
Customized Wireless Technology: REOTEMP partnered with a trusted wireless company to create a reliable
wireless system designed specifically for large compost sites. Utilizing our partner's 20 years of wireless design
09 experience in locomotives, cranes, construction vehicles, and military vehicles allowed REOTEMP to develop the
most reliable wireless system on the market. Our current wireless system uses custom designed radio modules
and receivers, as well as site-specific antennas and the 902-928 MHz frequency. All of these components make the
REOTEMP wireless system far more reliable than "off the shelf' systems some competitive probe manufacturers use.
EcoProbe
Super Duty
Roll Cage: Our stainless steel roll cage helps protect the enclosure from the bumps and bruises that come
with the real world wear and tear at an industrial compost facility. It's one of many design features that result in
the most durable wireless probe on the market.
EcoProbe
Medium Duty
ECOPROBETM RECEIVER/ANTENNA
REOTEMP's EcoProbeTM System is customized to meet your facility's unique needs. REOTEMP's proprietary wireless system can be
customized to increase transmitting power for even the largest of facilities.
Each facility has its own unique layout
and setup, which means we'll need to
customize the antenna we use to fit
your needs. On any application, we
use only high quality antennas that are
above and beyond what is needed.
This ensures you'll have consistent
readings. It also accounts for the
occasional interference typically found
on composting sites (large equipment
driving between probes and the
receiver antenna, probes at various
angles, etc.).
REOTEMP's Terminal
7u_ Receiver organizes
data packets from
- - EcoProbes located in
o- the field. Typically, the
receiver is mounted to
an internal wall of the
control building. The
Receiver is either hard
wired into the PLC or
- - wirelessly transmits
Receiver its data to a personal
computer.
ECOPROBETM PLC & PC SOFTWARE
For PLC systems, REOTEMP partners with a trusted 3rd party to create and customize HMI display software to your facility. For PC
systems, REOTEMP offers its own windows -based software called Compost Watch TM
V � b
Compost Watch TM PC Software
Example HMI Screen for PLC System
HMI screens are created to your
specifications and can include blower
controls as well as automated programs.
6 reotemp.com/compost
Stem
• Oxygen & Temperature in One Probe
ModelLength
• Easy to Use QUICK CLEAN Feature for
Clogged Tip (Patent Pending)
• .
$2,160
• Durable Stainless Steel Construction
OXYTEMP36 3 ft.
$2,200
• Replaceable Tip
OXYTEMP48 4 ft.
$2,240
• Dual Electronic Display
• Fahrenheit and Celsius Switch Selectable
ot
• �' 1
' 1
• Built in Handle
OXYTEMP72 .L1
Probe Material Stainless Steel
r
Oxygen Range Oto 100% Oxygen
Oxygen Accuracy ± 2% Full Scale
Oxygen Display 1%
•
Resolution
REPLReplacement
•
• •
0 to 200°F and 0 to 90°C
Temp. Range
$150
(Selectable)
REPLTIP Replacement
T• $60
Temp. Accuracy ±2°F (1°C)
Temp. Resolution 1°
Battery 1 x 9V
Warranty 1-Year Limited
Use black calibration knob
Calibration to calibrate to 20.9% in
ambient air.
6 reotemp.com/compost
LONG STEM COMPOST MOISTURE METER
P—
Moisture
Meter
1
The REOTEMP Long Stem Compost Moisture Meter allows you to measure relative moisture
deep within a large compost pile. The unit is user -calibrated to an "ideal" moisture level, as
chosen by the user. The meter indicates relative moisture by means of a sensor at the bottom
tip of the probe. The moisture meter is calibrated by inserting the tip into an "ideal" sample of
compost or soil and adjusting the needle to a "5" on the 0 to 10 scale. Then, the next time you
insert your moisture meter you'll know relative to your ideal moisture content whether your
compost is too dry or too wet. Note: The meter does not give a percent moisture content. The
meter is sensitive to changing salt content and can be used to track leachate.
HARD WIRED PROBES
Hard wired RTD probes use heavy duty wire to physically connect the temperature probe to your PLC or controller. These wires are
often over 100 ft long. They are a good option in facilities that desire continuous monitoring at a lower cost than wireless monitoring.
Our CPVC sheath protects the stem from corrosion, making it a very rugged and reliable design. A thermocouple version is also
available upon request.
Stem
Model #
Stem??
Price
Length of Lead wire in Feet,
Length
Length
MM24
2 ft.
$ 68
MM36
3 ft.
$ 98
MM48
4 ft.
$ 128
MM60
5 ft.
$ 158
HARD WIRED PROBES
Hard wired RTD probes use heavy duty wire to physically connect the temperature probe to your PLC or controller. These wires are
often over 100 ft long. They are a good option in facilities that desire continuous monitoring at a lower cost than wireless monitoring.
Our CPVC sheath protects the stem from corrosion, making it a very rugged and reliable design. A thermocouple version is also
available upon request.
Stem
Stem??
Length of Lead wire in Feet,
CPVC Version
Length
Price
Stainless Version
Length
Price
$0.50 per Foot
HWC24CPVC??
2 ft.
$ 239
HWC24SS??
2 ft.
$ 209
Customer must specify a lead wire length.
HWC36CPVC??
3 ft.
$ 249
HWC36SS??
3 ft.
$ 219
4-20mA Transmitter with
TX Head Assembly (Optional)
HWC48CPVC??
4 ft.
$ 259
HWC48SS??
4 ft.
$ 229
$150
HWC60CPVC??
5 ft.
$ 269
HWC60SS??
5 ft.
$ 239
4-20mA Transmitter with
HWC72CPVC??
6 ft.
$ 279
HWC72SS??
6 ft.
$ 249
TXC DIN rail clip (Optional) $140
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CITY OF MERIDIAN
SEPTEMBER 18, 2018
MANAGING MEMBER
MIKE MURGOITIO
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Charlene Way
From:C.Jay Coles
Sent:Tuesday, September 18, 2018 9:15 PM
To:Charlene Way
Subject:FW: Pic from testimony
For the timber creek hearing.
From: TROY AND DEBBIE ALLEN [ mailto:bryker8290@msn.com ]
Sent: Tuesday, September 18, 2018 9:15 PM
To: C.Jay Coles
Subject: Pic from testimony
2
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City Council Meeting
Regular Meeting Agenda
Meeting Date: September 18, 2018
Agenda Item Number: 10
Project File Number:
Item Title: Future Meeting Topics
Meeting Notes: