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Minutes - 2006 - City Council - 08/23/2006 - Joint EAGLE CITY COUNCIL & MERIDIAN CITY COUNCIL Joint Meeting Minutes August 23, 2006 1. CALL TO ORDER: 2. ROLL CALL: City of Eagle: PRESENT: Bastian, Guerber, Bandy. ABSENT: Nordstrom. A quorum is present. City of Meridian: PRESENT, Bird, Wardle. ABSENT: Roundtree, Borton. A quorum is not present. 3. Discussion of property l!enerallv located north of the Phvllis Canal. Meridian Associate Planner, Matt Ellsworth state that Ada County staff has requested an MOU relaying the agreement that the City of Eagle and City of Meridian has come to regarding the area generally located south of the Phyllis Canal, north of Chinden. The original discussion between Meridian and Eagle City Council's was held on February 21, 2006 meeting for both entities as Ada County staff has requested one. Mayor deWeerd relay their understandings of what the Ada County staff has requested and a subsequent conversation with Commissioner Tillman. Council member Roundtree arrives at 6: 15 p.m. A quorum is now present for City of Meridian. General Discussion. Meridian Planning Director Anna Borchers Canning describes what Meridian has planned at the three corners of Linder and Chinden. Meridian has annexed two of the corners. The property on the north side of Chinden is a mixed use regional designation. Discussion of details of proposed developments. Discussion between Councils, Meridian Staff and public. Meridian Planner Ellsworth reviews land use designations in the effected areas. Eagle Planner Baird Spencer reviews Eagle's Western Area Plan. Mayor Merrill reviews her recent activities working with the Governor's Office on the Eagle Island State Park plan. Lynn Moser, Eagle Sewer District, reviews their service area and location of lift stations. Public Works Director, Brad Watson reviews the cost for Meridian to provide services north of the Phyllis Canal. Sherrie Aldape Ewing, concerned with area from Black Cat to Linder. She has contacted a large group of people who own over 1,000 in the area from Linder to Black Cat, south of the Boise River and North of the Phyllis Canal. Of the people surveyed, land owners of 886 acres prefer being in Meridian's area of impact, landowners of 83 acres were neutral to which area of impact the are in, owners of29 acres do not want to be in an area of impact, and the owner of 1.8 acres could not contact. One of the main reasons Ms. Page I K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-08-23-06spmindoc "" Ewing wants to stay is that they are within 3 miles of the Meridian Fire Station, and if they were to be in Eagle' it is substantially farther away. Guerber clarifies that the new Eagle Fire Station will be on State Street near Linder. Craig Weizer 7385 Linder Rd. Eagle, Idaho. Owns 12 acres currently in the Eagle area of impact. Just looking at sewer connects coming under the rivers. Ramon Arana, 3200 W. Duck Alley is a neighbor of Ms. Ewing. Notes that the development occurring that is closest to his property are coming from Meridian. He was looking at the expedience and who could handle us first. Liz Wider 7176 N. Spring Crest. Ms. Wider asks for verification that next to Foxtail to the north of the white area before you get to the canal, ifit is indeed in Eagle's area of impact. Staff confirms that it is. Ms. Wider questions if they will be getting Eagle Sewer and water even thought they have a Meridian address. It is confirmed that she eventually will. She is currently still in Ada County not within Eagle's corporate City limits. Discussion of mailing address grids. Phil Abbot at the Children's Ranch discusses potential development opportunities of the 80 acres the Children's Ranch currently owns, as they are looking at selling this land and developing a larger facility elsewhere. Jock Ewing 7200 Bascoe Lane. Comments that the area of impact is just a guideline and if Meridian would be willing to go outside of their area of impact to include the Aldape property, would Eagle be open to this property going to Meridian. Linda Lazurus 9948 W. Targee in Boise, Idaho. She and her brothers own property the Henkel property. Inquires into the ramifications pro or con with living in a designated area of impact. Mayor Merrill discusses the process for modifying areas of impact. Guerber discuss floodplain development restrictions. Mayor deWeerd states that Meridian also had restrictions in place for development in the floodplain. Bastian states that Phyllis canal demarcation line makes sense. And that it may be a bit premature for the area north of the Phyllis Canal. General discussion. Legal Council for both municipalities will work on drafting a letter to Ada County stating that the cities are working together on the area south of the Phylis Canal. Bastian moves to authorize staff to write a letter of Council's approve of the City of Meridian extending their City line and area of impact south to the Phyllis canal as shown tonight. Seconded by Guerber. ALL AYE...MOTION CARRIES. 6. ADJOURNMENT: moves to adjourn. Seconded by . ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 8:10 p.m. Page 2 K.\COUNCIL\MINUTESITemporary Minutes Work Area\CC-08-23-06spmin.doc Respectfully submitted: A~~ . SHARON K. BERGMANN ~ CITY CLERK/TREASURER ,.........." " I.. ..,.." C\1Y OJ;- i..... !Itt" .......... ~~ -.. ~.. e. ~ . ~ * .. CORI'o... .. C> ". .. "T. r'" . .. "'.--' :. ...>. . \" . . ..... -_. . .:: S e-. \e. . . -ene.. 'b - . . : ~~"-;:J11 :: \. '7 ~"tb l. r'\' .. Jf- i "';'A It" III "." .: ~-. V. .... 0 ," ....'" OJ;-ID" ~ ",,, iI.. ,.. " ."........... Page 3 K:\COUNCILIMINUTES\Temporary Minutes Work Area\CC-08-23-06spmin.doc cci/R3/0G ' p.,/cCITY OF k /er/o&rn�� IDAHO CITY COUNCIL SPECIAL JOINT WORKSHOP / MEETING MERIDIAN CITY COUNCIL & EAGLE CITY COUNCIL AGENDA Wednesday, August 23, 2006 at 6:00 p.m. Eagle City Hall 660 East Civil Lane Eagle, Idaho 1. Roll -call Attendance: Shaun Wardle Charlie Rountree Stanley Bastian Scott Nordstrom 2. Adoption of the Agenda: Joe Borton Keith Bird Mayor Tammy de Weerd Steve Guerber Phillip Bandy Mayor Nancy Merrill 3. Discussion of the Areas of City Impact (and preferences of residents and property owners): Meridian City Council Special Joint Workshop / Meeting with Eagle City Council Agenda Wednesday, August 23, 2006 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the Eagle City Clerk's Office at 939-6813 at least 48 hours prior to the public meeting. 4 '1 •• fk�li:' CITY OF Rill eri�icn IDAHO MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 895-9551 Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 1903 NOTICE OF SPECIAL JOINT WORKSHOP / MEETING MERIDIAN CITY COUNCIL EAGLE CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the City Council of the City of Eagle will hold a Special Joint Workshop / Meeting at the Eagle City Hall, Eagle Idaho on Wednesday, August 23, 2006 at 6:00 P.M. The Meridian City Council and the Eagle City Council will be discussing issues concerning the Areas of City Impact and gathering input on resident and property owner preferences. The public is welcome to attend. DATED this 21st day of August, 2006. ``No 1111111:1iii7 • 13• v 'w - ,f . O WILLIAM G. BERG, JR- tRC - ) ,61 i Vit:; Page 1 of 1 .WiII Berg From: Matthew Ellsworth Sent: Wednesday, July 05, 2006 2:08 PM To: Will Berg Cc: Anna Canning; Steve Siddoway Subject: Joint Eagle Meeting Attachments: NorthMeridian2.jpg These two attachments pertain to the joint council meeting that needs to be scheduled with Eagle (we spoke briefly about it last week). The meeting will focus on the future of the area between the two cities, and the desires of area residents. The first attachment is a vicinity map of the area. The beige, green, Tight purple, and maroon parcels in the highlighted area are owned by people who have contacted Meridian and requested inclusion in our AOCI. There addresses are: Aldape Properties LP 7570 N. Basco Lane Meridian, ID 83642 Ramon R. Arana 3200 W. Duck Alley Road Eagle, ID 83616 Merlen Henkel 3205 Duck Alley Road Eagle, ID 83616 Rex and Earl Everist 7525 Basco Lane Meridian, ID 83642 The remainder of the highlighted parcels (gray/blue) are owned by people who should receive direct notice of the meeting. The second attachment is a property owner list relating to the map. Owner information is included for all highlighted parcels. Please let me know if additional information would be helpful. Thanks, Matt Ellsworth Associate Planner Meridian Planning Department 660 E. Watertower, Suite 202 Meridian, ID 83642 208.884.5533 7/5/2006 Legend Discussion Area Owner LII ALDAPE PROPERTIES LP ARANA RAMON R EVERI ST REX EARL & HENKEL MERLEN r other 0 0 125 0.25 "bagilifer. :41 simmc ............................ Hato tTI!I! gulat V. Aniam-it% g.11 glum _ zw. ;C, 1: ; sAiriggliii: 05 075 Iles Discussion Area Page 1 of 1 Will Berg From: Matthew Ellsworth Sent: Tuesday, July 11, 2006 9:25 AM To: Will Berg Subject: Mailing List Attachments: NorthMeridian2.pdf Will, I just wanted to follow up on the information I sent over last week. Attached is a pdf of the mailing list that I could not get to go through. Please let me know how things look for the meeting; some of the property owners in the area have called for an update. Thanks, Matt Ellsworth Associate Planner Meridian Planning Department 660 E. Watertower, Suite 202 Meridian, ID 83642 208.884.5533 7/11/2006 Discussion Area Property Owners PRIMOWNER ALDAPE PROPERTIES LP ALDAPE PROPERTIES LP ALDAPE PROPERTIES LP ALDAPE PROPERTIES LP ARANA RAMON R ARANA RAMON R CHRISTIAN CHILDRENS HOME INC EVERIST REX EARL & HENKEL MERLEN ORME SILAS K ORME SILAS K ORME SILAS K PACIFIC LINKS LTD PARTNERSHIP PACIFIC LINKS LTD PARTNERSHIP SPURWING LTD PARTNERSHIP SPURWING LTD PARTNERSHIP SPURWING LTD PARTNERSHIP SUNDANCE INVESTMENTS LIM1TE SUNDANCE INVESTMENTS LIMITE Thursday, July 06, 2006 ADDCONCAT 7570 N BASCO LN 7570 N BASCO LN 7570 N BASCO LN 7570 N BASCO LN 3200 W DUCK ALLEY RD 3200 W DUCK ALLEY RD 3223 N 36TH ST 7525 BASCO LN 3205 DUCK ALLEY RD 1602 E WARM SPRINGS AVE 1602 E WARM SPRINGS AVE 1602 E WARM SPRINGS AVE 6800 N SPURWING WAY 6800 N SPURWING WAY 200 N 4TH ST STE 203 200 N 4TH ST STE 203 200 N 4TH ST STE 203 9100 W BLACKEAGLE DR 9100 W BLACKEAGLE DR STATCONCAT ADDRESS CITY STATE MERIDIAN, ID 83642-0000 N BOSCO LN MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 N BOSCO IN MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 N BASCO LN MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 7570 N BASCO LN MERIDIAN, ID 83642-0000 EAGLE, ID 83616-0000 W DUCK ALLEY RD EAGLE, ID 00000-0000 EAGLE, ID 83616-0000 3200 W DUCK ALLEY RD EAGLE, ID 83616-0000 BOISE, ID 83703-4607 2421 W DUCK ALLEY RD EAGLE, ID 83616-0000 MERIDIAN, ID 83642-5105 7525 N BASCO LN MERIDIAN, ID 83642-0000 EAGLE, ID 83616-5553 3205 W DUCK ALLEY RD EAGLE, ID 83616-0000 BOISE, ID 83712-8141 N BASCO LN MERIDIAN, ID 83642-0000 BOISE, ID 83712-8141 N BASCO LN MERIDIAN, ID 83642-0000 BOISE, ID 83712-8141 W JOPLIN RD MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 6800 N SPURWING WAY MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 6800 N SPURWING WAY MERIDIAN, ID 83642-0000 BOISE, ID 83702-6002 W DUCK ALLEY RD EAGLE, ID 83616-0000 BOISE, ID 83702-6002 W DUCK ALLEY RD EAGLE, ID 83616-0000 BOISE, ID 83702-6002 W DUCK ALLEY MERIDIAN, ID 83642-0000 BOISE, ID 83709-0000 W MOON VALLEY RD EAGLE, ID 83616-0000 BOISE, ID 83709-0000 W STATE ST STAR, ID 83669-0000 Page 1of1 O Will Berg From: Sherrie Ewing[sherrie.ewing@ewingcompany.com] Sent: Friday, July 21, 2006 9:51 AM To: Will Berg Subject: RE: Joint Eagle Meeting Attachments: Impact from Linder to Black Cat.xls Hi Will, rage iui3 Thank you very much for organizing this meeting. I would be happy to send an email to all of the property owners north of the Phyllis Canal from Black Cat to Linder, except for the three property owners listed below who did not have email addresses. I will copy you on my email to them so that you will have a listing of all of their email addresses. Spurwing LTD and Pacific Links owned by Jock Hewitt - Ph: 890-1430 Orme Properties owned by Dr. Kirby Orme - Ph: 342-2139 Duck Alley LLC -1.84 acres - I was not able to find out who the owner was. PS: Just as a reminder, I have given both the City of Meridian and the City of Eagle ten letters from property owners (representing 886.81 acres) who strongly prefer to be included in the City of Meridian impact area rather than the City of Eagle. Let me know if you would like to get additional copies of the letters. I have also included my spreadsheet so that you will have phone numbers for everyone. Again - thank you! Sincerely, Sherrie Ewing 888-7700 From: Will Berg [mailto:bergw@meridiancity.org] Sent: Friday, July 21, 2006 9:08 AM To: Tammy de Weerd; Shaun Wardle; Joe Borton; Keith Bird; Charlie Rountree Cc: Anna Canning; Matthew Ellsworth; Brad Watson; Len Grady; Ron Anderson; Bill Musser; Bill Nary; Theresa Verschuren; Peggy Gardner; Sharon Smith; Tara Green; sherrie.ewing@ewingcompany.com; john.ewing@ewingcompany.com Subject: RE: Joint Eagle Meeting We are on for the joint meeting with Eagle City Council for Wednesday, August 23rd, 2006 meeting at 6:00 pm at Eagle City Hall. Please mark your calendars. Thanks.... Will From: Theresa Verschuren [mailto:tvershuren@cityofeagle.org] Sent: Monday, July 10, 2006 5:09 PM To: Will Berg Subject: RE: Joint Eagle Meeting Will, 7/21/2006 Meridian vs Eagle Impact Area Preference From Linder to Black Cat - South of the Boise River - North of the Phyllis Canal Property Contact Person Phone # Acres Letter I Prefers Meridian Impact Area Aldape Properties Sherrie Ewing 888-7700 261.33 Y Boy Scouts Sam Thompson 376-4411 11.42 Y Erin Troutner Erin Troutner 850-5842 2.30 Y Everist Rex & Peggy Everist 888-1888 1.00 Y Merlen Henkel Steve Henkel 362-6811 29.92 Y Orme Properties Kirby & Susan Orme 342-2139 288.44 Y Pacific Links Jock Hewitt 890-1430 104.47 Y Ramon Arana Ray Arana/Tim Gibson 887-4856/375-2212 83.44 Y Scott Bishop Scott Bishop 895-0276 19.93 Y Spurwing LTD Jock Hewitt 890-1430 84.56 Y Total 886.81 Neutral until results from studies are known Christian Children's Home Phil & Susan Abbott 888-5235 Gerald Timmons Jerry & Lynn Timmons 888-5371 Does not want to be in any impact area Resource Renewal Jason Kibbey 80.00 13.27 415-928-3774 29.89 Prefers Eagle Impact Area None Unable to contact Duck Alley LLC 1.84 Total Acres 1011.81 Survey by Sherrie Ewing - 888-7700 7/21/2006 Page 1 of 1 Sharon Smith From: Will Berg Sent: Monday, August 21, 2006 3:41 PM To: Anna Canning; Matthew Ellsworth; Sharon Smith; Tara Green; Bill Nary Subject: FW: Annexation Outside Area of Impact Attachments: Area of Impact Memo 8-16-06.doc From: Peggy Gardner Sent: Monday, August 21, 2006 2:31 PM To: Will Berg Subject: FW: Annexation Outside Area of Impact Will, I didn't see you name on the list of those who received this message. PEGGY Administrative Secretary to Mayor Tammy de Weerd City of Meridian Phone 884-2468 ext. 204 From: Theresa Verschuren[mailto:tvershuren@cityofeagle.org] Sent: Monday, August 21, 2006 11:32 AM To: Alan Shealy; boccl@adaweb.net; Carol McKee; Cathy Ward; Chad Bell; Charlie Rountree; Charles Trainor; Chris Melander; Colleen Nixon; Craig Quintana; David Bieter; David Bivens; David Eberle; David Ekern; Dean Obray; Dee Mahaffey; Diana Sanders; Dustin Christopherson; Elaine Clegg; Elfredia Higgins; Eric Shannon; jschweit@achd.ada.id.us; Jade Riley; Jeff Lang; Jeff Souza; Jerry Nielson; Jim Tibbs; John Evans; John Franden; Joe Borton; Karen Doherty; Keith Bird; Kelli Fairless; Linda Ihli; pat.marler@itd.idaho.gov; Mary Ann Jordan; Matt Stoll; Meghan Slupe; Michael J. Lauer; nbrecks@compassidaho.org; Nancy Merrill; Nathan Mitchell; Pam Bowmont; Pam Thomason; elisapaster@paulhastings.com; Peggy Gardner; Phillip Bandy; Rebecca Arnold; Robert Freilich; Scott Dowdy; S Nordstrom; Shaun Wardle; Stan Bastian; Steve Guerber; Steve Price; Susan Slaughter; tammie.jauregui@itd.idaho.gov; Tammy de Weerd; Tammy McDaniel; Theresa Verschuren; Tom Erlebach; Tracy Hall; Vern Bisterfeldt; Zach Piepmeyer; Zella Johnson Subject: Annexation Outside Area of Impact Mayor Merrill asked that I forward this information to you. This is in response to Paul Hastings analysis that was requested by Ada County. Theresa Verschuren Assistant to the Mayor City of Eagle 489-8790 8/21/2006 MOORE SMITH BUXTON TURCKE, CHARTERED STEPHANIE J. BONNEY SUSAN E. BUXTON* MICHAEL C. MOORE: PAUL J. FITZER Oregon BRUCE M. SMITH PAUL A. TURCKE° TAMMY A. ZOKAN` TO: FROM: DATE: RE: ATTORNEYS AND COUNSELORS AT LAW 950 W. Bannock Street, Suite 520; BOISE, ID 83702 TELEPHONE: (208) 331-1800 FAX: (208) 331-1202 www.msbtiaw.com MEMORANDUM City of Eagle Stephanie J. Bonney, Susan E. Buxton 8/17/06 Legal Analysis of Annexation Outside the Area of Impact JOHN J. MCFADDEN't of Counsel Also admitted in I Also admitted in Washington " Also admitted in South Dakota ` Also admitted in New Mexico The City has asked our office to conduct a legal review of the opinion issued by California attorney, Paul Hastings, on behalf of Ada County, which declares that cities cannot annex outside their area of impact. Issue: Does Idaho Code §67-6526 (the Area of Impact Statute), when read in conjunction with §50-222, (the Annexation Statute) preclude cities from annexing property outside their areas of impact? Mr. Paul Hastings has issued an opinion on behalf of Ada County that declares property owners cannot voluntarily annex property into a city if the property lies outside of a city's area of impact. Mr. Hastings' analysis is flawed and his opinion incorrect. Mr. Hastings' opinion relies on several incorrect interpretations and assumptions about Idaho law. First, he claims when Titles 55 and 67 are read in conjunction, the legislature intended to limit cities' ability to annex only within impact areas. His assertion ignores the fact that neither statute contains any language to that effect. The only limitation that Title 67 imposes on a city's ability to annex is a requirement that the city have established an area of city impact. Such a requirement is clearly an incentive to each city to establish an area of impact. Title 67 does not require that a city establish an area of impact covering all land that the city may annex. In fact, §67-6526 specifically identifies §50-222 as providing the procedures and limitations for annexation. Yet Mr. Hastings erroneously argues that the plain language of the statute cannot actually mean what it says and limits the justification for his conclusion on §67- 6526 to the exclusion of §50-222. His only justification for his position is that reading Titles 67 and 50 together would be "inharmonious" is that it somehow thwarts rational and orderly development. Mr. Hasting never explains why city planning of property next to its own boundaries contributes to disorderly development. Annexation Memo August 18, 2006 Page 2 A cardinal rule of statutory construction is that where a statute is plain, clear and unambiguous, courts are constrained to follow that plain meaning, and neither add to the statute nor take away by judicial construction.' In fact, where the language of a statute is plain and unambiguous, courts must give effect to the statute as written, without engaging in statutory construction.2 Thus, Mr. Hastings' arguments concerning statutory construction are not relevant as the language in §67-6526 clearly and plainly states that annexations are governed by the controlling annexation statute, §50-222. Additionally, Section 50-222 was amended in 2002, several years after the adoption of Title 67. Thus §50-222 is the most recent legislative statement on annexation, another significant fact ignored in Mr. Hastings. Section 50-222 divides annexations into 3 categories. The first category, category A, is comprised of voluntary annexations or "island" annexations. A category A annexation is either voluntary by unanimous consent; or enclaved property surrounded by city land, by city land and fair/recreation land, or by city land and a city impact area. A voluntary annexation is "wherein all private landowners raise no objection to annexation." Since "voluntary," the legislature imposed minor procedures for voluntary annexations. Indeed, a city's decision approving such annexations is not subject to judicial review. Thus, §50-222 applies no additional limitations on voluntary annexations and does not require that the property lie within a city's area of impact. Section 50-222 makes a clear distinction between voluntary and involuntary annexations. Unlike the simplified procedure and review for voluntary annexations covered in category A, the statute explicitly provides that category B and category C annexations be treated differently. While the legislature could have explicitly applied additional requirements, including an area of impact requirement, to category A annexations, it did not. Statutory construction requires that such an obvious omission not be considered a mere oversight, but the statute be read to render the omission meaningful.' Mr. Hastings argues that Category B also addresses voluntary annexations. Again, Mr. Hastings ignores the plain language of the statute, which states that Category B annexations are those annexations where the city does not have the consent of all the landowners.4 Such a distinction between voluntary and involuntary annexations is further supported by the 2002 amendment to the annexation statute. The annexation statute was amended because property owners complained to the legislature about a perceived abuse of power by cities in regards to involuntary annexations. Accordingly, the legislature added additional restrictions and procedures for involuntary annexations. The legislature was not concerned with 1 Canal/Norcrest/Columbus Action Committee v. City Of Boise, 136 Idaho 666, 670, 39 P.3d 606, 610 (2001). 2 State v. Rhode, 133 Idaho 459, 462, 988 P.2d 685, 688 (1999); State v. Burnight, 132 Idaho 654, 659, 978 P.2d 214, 219 (1999); State v. Escobar, 134 Idaho 387, 389, 3 P.3d 65, 67 (Ct.App.2000) 3 Fletcher v. Gifford, 20 Idaho 18, 26, 115 P. 824, 826 (1911). 4 Category B also addresses annexations on land subject to moratoriums, which is not at issue in this analysis. Annexation Memo August 18, 2006 Page 3 voluntary annexations, which was the basis for their statement in the 1995 rendition of §50-222 which reiterated that voluntary annexations did not have to lie within the area of impact. Furthermore, the legislature has always been concerned with the property rights of individuals. The passage of §50-222 was intended to give additional property rights to individuals in the annexation process. Mr. Hastings' reading of §50-222, which would prevent a landowner from voluntarily annexing property into a city, further limits a property owners rights in annexation, in contravention of the legislature's intent in amending the statute Mr. Hastings recognizes that the declared purpose of the annexation statute is to assure orderly development of cities, which is summarized as ensuring "that lands on the fringe can be provided with municipal services by the city annexing that property." Yet, he then attempts to distort this declared purpose to argue that the statute must be read in such a way that counties have the unilateral power to prevent cities from annexing and planning for property located directly on their boundaries when the landowner asks for such a service from the city. He further argues that having counties control growth on city boundaries is the only way to ensure orderly and rational development. Of course, such an argument is not supported by any of the basic principles in land use planning and directly contradicts the legislature's stated purpose in passing §50-222. In summary, Mr. Hastings' analysis ignores the plain language of the relevant statutes, and instead opines on his interpretations of legislative intent. Mr. Hastings fails to recognize that if a statute is clear in its language, legislative intent is irrelevant. Furthermore, even if legislative intent were relevant, Mr. Hastings has not provided legislative history or legislative arguments related to the passage of either statute. Instead, he argues that the area of impact statute controls annexation, despite its direct reference to §50-222 as providing the provisions for annexation, and despite the passage of the current version of §50-222 several years after the passage of Title 67. Notwithstanding his arguments to the contrary, Mr. Hastings' declarations regarding planning principles and his interpretations of legislative intent cannot change the language of the statutes. Neither Title 67 nor 50 requires that voluntary annexations be allowed only within a city's area of impact. Having cities plan for and provide services to the property contiguous to their boundaries with the permission of the landowner does not thwart basic principles of planning and development, but instead embraces both private property rights and the legislative goal that fringe properties be provided with municipal services. August 21, 2006 Mr. Will Berg City Clerk Meridian, Idaho sms ■11a? RECEIVED RESOURCE RENEWAL INSTITUTE Innovations for a Sustainable Future AUG 2 1 2005 City of Meridian City Clerk Office This concerns the coming meeting of Meridian and Eagle regarding the Boise river. My non-profit organization owns an approximately 80 -acre parcel fronting on the river from Duck Alley. Our hopes are that the communities will decide to establish a plan to save the quality of the banks of the river so that we can donate our parcel toward a permanent open space condition. We are now discussing this with the Boise Land Trust. As is, based on discussions to date, I fear that the future is only for real estate development. The advantages weigh against development of the river frontage. My work over many years has included helping to set up green ways along rivers in as number of communities and states in the nation. Reality is that the larger community benefits when this has been done. Home are still built but with a greenway between development and the river. Real estate values are increased by the presence of that, and the quality of life of people and wildlife is increased as well. The Greenway along the river in Boise is a nice case in point. My favorite example is from Sacramento up stream on the American River here I California. Some how thinking citizens won the support of the elected officials and a long process was started to acquire or zone both sides of the river about a quarter of a mile back to the flood retaining levees. As usually happens developers opposed the proposal. But politicians held and about 40 miles of rivers banks are saved on both sides. There is a bike trail along it. The trail has to be the nicest in the country. Real estate developments back up to the levees on the other side of the levees. I fact I have a photograph of the river above my desk as I write. Though I write from California I would prefer to live in Idaho. In fact I once taught school in Boise. I chose to live in California because it is where the future is happening as far as problems that have to be dealt with. And San Francisco is nice enough, though Boise remains the city I like the best in the country. And I do get up there for vacations. If I can answer questions or assist I would enjoy doing so. I will appreciate this letter being included in material discussed at the coming meeting. ■ • Fort Mason Center, SuUding D, Room 290 Sen Francisco CA 94123 415-928.3774 FAX 415.928.4050 httFllwww.rrl.org AUG 21 '06 18:10 41 �g7AA�7c! Par.P GYM Page 1 of 1 Sharon Smith From: Sharon Smith Sent: Tuesday, August 22, 2006 11:53 AM To: Matthew Ellsworth; Anna Canning; Will Berg; Bill Nary Subject: RE: August 23, 2006 Special Workshop / Joint Meeting with Eagle City Council In calling these parties, I took notes. David Kemper now represents the Boy Scouts as an interested party. He was going to call Sherrie Ewing. 376- 4411 Erin Troutner and her brother may not make it but will try to fax in comments. 850-5842 Rex & Peggy Everist — Will attend. 888-1888 Steve Henkel for Merlen Henkel — sent information to Eagle thru Arana, Gibson & Ewing. May attend. 362-6811 Kirby & Susan Orme — I left a message. 342-2139. Jock Hewitt for Pacific Links and Spurwing LTD — he is in Kentucky this week. I gave him our fax no. to comment. 890-1430. Ray Arana / Tim Gibson for Ramon Arana Left message for Ray. Spoke to Tim — he intends to bring Ray with him. 887-4856 / 375-2212 Scott Bishop. Left a message with his secretary — she was going to get the info to him. 895-0276. Phil/ & Susan Abbott, Christian Childrens Home. Looking to relocate, away from these half million $ homes with their troubled kids. May or may not attend. 888-5235 Jerry & Lynn Timmons for Gerald Timmons. Left a message. 888-5371 Sundance Company. I spoke to Charlene — faxed agendas. She was going to get that info to the proper person there. Gave our fax too. 322-7300. Jason Kibbey for Resource Renewal. Does not intend to develop. Faxed letter. 415.928.3774. Thanks! Sharon 8/22/2006 Z ,. ;5 /viC,. OF i -... r IT 'G�1�sii i ^ IDAHO 17 // 4-tti Trtf:>-L:tF.Y,- —` u -c CITY COUNCIL SPECIAL JOINT MEETING MERIDIAN CITY COUNCIL & EAGLE CITY COUNCIL AGENDA Tuesday, February 21, 2006 at 11:45 a.m. Ada County Courthouse Main Floor Public Meeting Room 1235 200 West Front Street Boise, Idaho 1. Roll -call Attendance: Shaun Wardle Charlie Rountree Stanley Bastian Scott Nordstrom 2. Adoption of the Agenda: Joe Borton Keith Bird Mayor Tammy de Weerd Steve Guerber Phillip Bandy Mayor Nancy Merrill 3. Discussion of the Comprehensive Plan and Areas of City Impact: Meridian City Council Special Joint Meeting with Eagle City Council Agenda — February 21, 2006Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF ...&41 endia-n IDAHO MAYOR Tammy de Weerd TREASURE V CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 NOTICE OF SPECIAL JOINT MEETING MERIDIAN CITY COUNCIL EAGLE CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the City Council of the City of Eagle will hold a Special Joint Meeting at the Ada County Courthouse, Main Floor Public Meeting Room 1235, 200 West Front Street, Boise, Idaho, on Tuesday, February 21, 2006 at 11:45 A.M. The Meridian City Council and the Eagle City Council will be discussing issues concerning the Comprehensive Plans and the Areas of City Impact. The public is welcome to attend. DATED this 17th day of February, 2006. WILLIAM G. BERG,: ,21 -rt CLERK,' .011. Meridian City Council Special Joint Meeting with Eagle City Council - February, 2006 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888-4218 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE - FAX 884-8119 Printed on recycled paper City of Eagle & City of Meridian Joint Council Meeting February 21, 2006 11:45 a.m. This meeting will be held at: Ada County Courthouse Main Floor Room 1235 200 W. Front St, Boise, ID 1. CALL TO ORDER: 2. ROLL CALL: Eagle: BASTIAN, GUERBER, NORDSTROM, BANDY. Meridian: DONNELL, BIRD, ROUNDTREE, WARDLE. 3. DISCUSSION OF COMPREHENSIVE PLANS & AREA OF IMPACT: lkti)ilrVa del V ECENE FEB 1 7 2006 • GIT'/ OF MERIDIAN (IT'( CLER'. 1:‘,r7`7!(-!= 4. ADJOURNMENT:, Page 1 of 1 KICOUNCILAGENDMTamparaty Agend3 Work AiseACC-02-21-064,50 CIOC FEB 17 '06 11:45 2089396827 PAGE.01 Meridian City Council Special Meeting with Eagle City Council February 21, 2006 The Meridian City Council and Eagle City Council Special Meeting was called to order at 11:45 A.M. on Tuesday, February 21, 2006 at the Ada County Courthouse by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle and Joe Borton. Members Absent: Charlie Rountree. Staff Present: Anna Canning, Ted Baird, Steve Siddoway, Matt Ellsworth, Doug Strong, Bill Nary and Will Berg. Eagle City Council Members Present: Mayor Nancy Merrill, Scott Nordstrom, Phillip Bandy, Steve Guerber and Stan Bastian (arrived at 12:45). Item 1. Roll -call Attendance: Roll call. X Shaun Wardle X Joe Borton O Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Merrill: The first thing that we want to do is welcome everybody here and I just can't tell you how nice it is to work with you and your city and your City Council (inaudible) we have been in adversarial positions before and it is so nice to be able to work with Meridian and be able to sit down and visit with you guys. We really appreciate you and your willingness to meet with us. It is really great. Let's have a roll call. Tammy, would you like to call your roll? De Weerd: Will, would you like me to? Berg: Yeah, go ahead Mayor. De Weerd: Mayor De Weerd is here; Joe Borton is here; Councilman Keith Bird is here; Shaun Wardle; and Councilman Charlie Rountree is absent. Merrill: For the City of Eagle, Stan Bastian is absent, hopefully to be here later, he is at the legislature; Scott Nordstrom is here; Steve Guerber is here; and Phil Bandy is here. Thank you so much. Item 2. Adoption of the Agenda: Meridian City Council & Eagle City Council Special Meeting February 21, 2006 Page 2 of 23 Item 3. Discussion of the Comprehensive Plan and Areas of City Impact: Merrill: The discussion is basically, probably our areas of impact and what is going on with our Comprehensive Plans and we were getting all grown up, but we are starting to touch each other again and we want to be warm, fuzzies instead of pricklies, so I think it is time that we talk about what is going on particularly in the Chinden corridor and how we can support and compliment each other and that to me is our goal on this as you guys have some ideas on how you want to see Meridian grow, we have some ideas on how we want to see Eagle grow and as we merge we have got this big road between us and what can we do together as cities to make that beneficial to both our cities and for the traveling public and to be able to continue on with our Comprehensive Plans that got planned and maybe we need to make some adjustments in bulk areas. I know that we both have folks in those areas that are very passionate about each of our cities and wanting to be in each of our cities and I can only tell you that after going through what we went through with Star that that is a very trying and difficult thing to go through and that land changes. So, if I said anything, I would just tell you that land changes and faces change as we have seen a lot of these hot buttons now up for development no longer the same people that we thought we were going to have there. I think that we just kind of wanted to open this up and talk. We met with your Mayor and Anna and Nichol and I met a little while ago and we were talking about the Memorandum of Understanding and what could happen between the two cities as we get close together on it. That never did come to (inaudible) on that, but maybe we need to bring that back on the table. We just basically today wanted to communicate with each other and get a little bit of feeling about how and what is going on in each of our cities and talk. So, could we just kind of have an open dialogue, Tammy, what do you think? De Weerd: Yeah, Mayor, just for the record that Councilman Wardle is here. Wardle: Sorry I am late, Mayors. Merrill: Steve. Guerber: As the historian in more ways than one, I thought that we would kind of go back and look at how things used to happen and how we got to where we are today and this goes back into the `80's when I was Mayor of Eagle and Grant Kingsford was the Mayor of Meridian and Dirk Kempthome was the Mayor of Boise. There was this battle that was going on at that time between Meridian and Boise about where to draw the line as far as areas of impact between those two cities and who was going to get what side of Eagle Road is what was going on. Every time we got together with the Mayors, which we did quite often thanks to the efforts of Mayor Kempthome, who kind of started bringing the Mayors together periodically (inaudible--) which I don't think was happening. Those of us Meridian City Council & Eagle City Council Special Meeting February 21, 2006 Page 3 of 23 on the outside kept listening to the debate go on and so finally I remember one time I said look you guys are just going to do nothing but argue about this thing and never come to a conclusion, I am going to start moving to have Eagle take over all the area of impact (inaudible) road up to Fairview if necessary and that way we will know whose area it is going to be in and you guys don't have to have this debate and we will (inaudible ). De Weerd: So, you are the guy to blame for these? Guerber: Yes, that is correct. It wouldn't be like it is now (inaudible ), but what happened was (inaudible) realization of (inaudible ) come to a conclusion, instead of letting Eagle have it maybe Boise or Meridian (inaudible--- ). So, it wasn't all that long after that that they started kind of drawing the line on what was going to happen, but at the time it took place part of the discussion was that the line between Eagle and Meridian was going to be some Chinden Boulevard, which really seemed logical at that point and time and I think that if you look back now and everything that has happened at that point and time there were decisions made that, you know, needed to made and I think now we are at another point where you look and say, yeah 20 years ago something was being said about Chinden being the dividing line or something like that. As you look at everything that is happened and where development has taken place, where services are and those kinds of things, I think (inaudible------------) and it is good for us to sit down and say let's really see where the lines are (inaudible---) about 20 years ago (inaudible------- ) or something like that. (Inaudible----). De Weerd: I think probably one of the natural outcomes from starting the dialogue (inaudible--------------) and see how there is a need for more permanency in the Comprehensive Plan and planning for services and who can (inaudible) what (inaudible-----------) solidify some of that through discussion between the cities and the residents that it affect. I think, too, we start having a discussion of the Chinden corridor, 20/26, what it should look like, what kind of right-of-way it is going to need for future improvements, how to start at least looking at (inaudible) sites and setting that up to accelerate the improvements along 20/26 and I am sure you probably have the same (inaudible ). So, these are very timely discussions. I don't know if our staff has had any kind of presentations or comments that would be appropriate to have prior to Council having some additional dialogue that will maybe give food for fodder or does that make sense? I (inaudible) your staff in front of us and — Merrill: Well, I think maybe where we need to start, Tammy is that we have got an area of impact that probably needs to be adjusted in that we have a decision of the Committee of Nine for our area of impact that we have been working through for years and years and years and the decision of what the county made and what the Committee of Nine made are two different decisions. Our Comprehensive Plan follows our Committee of Nine decision, whether or not that goes to court or not, we have not yet decided on that. But, I think that if we — it . i Meridian City Council & Eagle City Council Special Meeting February 21, 2006 Page 4 of 23 does include the area clear to Highway 16 on Chinden up there and if the cities in working through the details on this decide that we are going to make some changes or there needs to be some changes on that, we are — I don't think this Council will propose on going back to the Committee of Nine or to the county and making the appropriate changes that need to be made to do that. Just as a starting point on that that is an area that has been designated by the Committee of Nine as the City of Eagle going clear from Linder to Highway 16 to Chinden and that area and it was a motion then and most of the thoughts that we were working with really was south of — or north of the bench area type thing, but they did make that decision on that and that was a six to three decision on that. So, with that being said that is the area that we probably should first discuss. I think you have — have you got a couple of maps here? Nichole do you want to explain? Let me introduce Nichole. Nichole is our planner from the City of Eagle and she has been working with a lot of folks in this area, also. N. Baird: Nichole Baird (inaudible ). Basically what I did is a very simple map. It was not (inaudible ----------). The City of Eagle's boundaries are in the Tight purple (inaudible) looking color and pending (inaudible) annexations are in the blue, where we either have on file or recorded with the county (inaudible ). Meridian's city limits are in pink with the southern portion of the area of impact boundary as granted by the Committee of Nine in red. I am just kind of giving you a chance to look at what that means (inaudible) and I am sure that there are pending annexations (inaudible----). just don't have that data (inaudible----). The main issue to bring this forward is to just have a discussion about the areas that (inaudible------ ---) so you can look at land uses and the city did envision a rezone, mixed-use area at the Black Cat and 20/26. As shown in the Comprehensive Plan there was specific text about scaling of uses and allowances of uses in that area. Probably going to really gear it towards (inaudible----) as well as a retail center, trying not to end up with this strip, but also make sure of housing that was thoughtfully planned in relation to the commercial and office uses in that comer. Aside from that the majority of uses (inaudible-----), there is a transitional residential designation or a portion of that corridor where we are trying to encourage the clustering of uses adjacent to that corridor. The City of Eagle has adopted that we aren't going to have city- wide transit service in the future, but there are regional corridors that we want to be able to make certain (inaudible ) in Boise in the future and so we are willing to envision through our Comp Plan providing some densities and unit counts in those areas actually promote fees of that facility. (Inaudible discussion) Merrill: The other parties on the map that is the periwinkle and blue, blue and a pink — the blue and the blue on that. I did read the letter here from the Adalpe's on that and part of this is not necessarily true as far as what the services are available in that area to serve them. You see the big hunk of land down there that is in the aqua -blue if you will, that is the Idaho State Park plus some Meridian City Council & Eagle City Council Special Meeting February 21, 2006 Page 5 of 23 adjoining parcels around it that have been trying to get annexed into the City of Eagle and we are working with the state now and having that being a part of the city, it doesn't have anything to do with what they can do in the State Park, think, but it does give the property owners adjacent the opportunity to do that. As we go down the river area on that, it is serviceable by Eagle Sewer District and it is part of their master plan and the Sewer District is putting in and has been approved that conditional use permit to expand their plant just off the bypass along the river and on down towards Boise area on that and there are some big lines going up Linder right now and Park Lane, so the Sewer District is out in that area and as this area here aggresses that is available for that development in that area. We also have them east — west of Linder, our West Valley League ball teams that are very much a part of the City of Eagle and as well as the Christian Children's Home that we spent a lot of time with and have been involved with quite a bit with them and that whole area there. As it moves towards the Aldape property type situation that we envisioned and planned for as part of our master water and sewer plan to be able to service that area. So, this is area that can be sewered and watered and serve water by that. The other blue that is west of Linder, up there that hunk is already a developed subdivision that has been into the city several times wanting to make sure that they stay or become residents of the city whenever they are contiguous to something or can do that. The other land on the other part of Chinden that is north next to the other blue parcels are areas of people that already have consent of annexations out there. The big pieces and up to Linder can be sewered by Eagle Sewer District very well. That is part of their plan and the lines are coming that way. So, as far as sewer and water that is pretty much the plans for Eagle. As far as going any further west, we have not — Scott is the liaison with the Sewer District. I am not sure if they got plans or anything — but, Meridian certainly can. Nordstrom: (Inaudible ). The bottom line is that it's already getting sewer out there to them (inaudible ) all the way out to the Black Cat intersection (inaudible ). Potentially what these stand alone individuals (inaudible---------) and the ability of those plans to even deliver the treated water back to the same local. It's an interesting (inaudible ) how the (inaudible) cost wise it would be more expensive to do (inaudible ). In my way of thinking it's really a matter of (inaudible---) from Eagle Council that it makes sense for some of the properties to be going towards Meridian just because of the convenience of the facilities. I think we probably ought to get more specific in that area in trying to find based on what you heard from everybody and just exactly what parts we are talking about because I think that is what it's going to boil down to. I know for a fact that the Sewer District can serve below that (inaudible) all the way out to 16. I just had that conversation with (inaudible ) so I know for a fact that we can serve that area below that (inaudible ). From my perspective that is what I would like to see (inaudible--) and trying to work across this border and in the (inaudible---) what properties ought to go to Meridian. (Inaudible---) hearing otherwise (inaudible ). Meridian City Council & Eagle City Council Special Meeting February 21, 2006 Page 6 of 23 Canning: Madame Mayor's maybe I can give a brief update that would help just to understand where Meridian is in the process. Looking at Nichole's map — we are working on a Comprehensive Plan amendment and is part of that in the north Meridian area and as part of that Comprehensive Plan amendment it does include the land between Chinden and the Phyllis Canal from Linder — basically, almost all of the property that is in that area shown for Eagle right now, excluding the blue property. We did not include those in that subdivision where they indicated they did want to be part of a city — Nordstrom: Is that the (inaudible) canal that (inaudible) Linder Road and it kind of makes an (inaudible ). Canning: Yes. Right at bench. It's above — (Inaudible discussion) Canning: In that application it is actually pretty consistent with your Comp Plan. It is a mixed use project. There is two or three at least. One is the mixed use project that has a component of large lot residential and commercial either neighborhood serving commercial or a little larger area serving commercial and that is in your mixed use area. Your transitional neighborhood, actually what they are proposing is very similar to what you are seeing or what you are designating is a transition from a little larger lot size and the smaller ones and even some multi -family, but it does provide that transition to those large lots to the north. So, the north Meridian application has been at Council for two hearings, so they will likely take action on it on March 7th. Nordstrom: What do you have for the corner again (inaudible De Weerd: (Inaudible--) need copies of that? )? Canning: Right now it is shown as mixed-use. There is a more specific development application that wouldn't be appropriate to show at this point and it has a lot more detail and that annexation application and conceptual plan is going forward to — De Weerd: Can you pass that? Canning: Yeah. (Inaudible discussion) Bandy: We end up losing, if you will the (inaudible) corner for a mixed-use or a concentrated commercial of some sort, I would like to see us re -look that Linder corner a little differently (inaudible) and maybe expanding the mixed-use on that corner, potentially to offset those. So, I guess it would just be a question of let's i Meridian City Council & Eagle City Council Special Meeting February 21, 2006 Page 7 of 23 make sure that we try and model together on what is on those two corners so that we don't have complication or conflict or whatever, so that is why 1 am trying to ask — Merrill: Are you talking about Linder and Chinden on all four corners there? Bandy: Yeah. (Inaudible ). Canning: The Linder and Chinden corners are going commercial. The one on the northwest is so narrow that it doesn't allow for much development opportunity. It is a very — by the time they take their right-of-way it's very narrow. So, right at that corner I think there is only one relatively small structure there. But, to continue on with that discussion during that Comprehensive Plan amendment — but as part of that at the Planning and Zoning Commission hearings we heard quite a bit of testimony from the folks down the bench, but they were not included in the application. So, the application at this point is just to the Phyllis Canal. Hopefully — does that give you enough update on where the City of Meridian is? De Weerd: Now, in the packets that Will gave you, you have several letters and can you reference, Anna, where those properties are? Canning: The Aldape property — if you are looking on map (inaudible), you will notice that there is one road that shows up kind of a narrow road, that is Bosco Lane going north of Chinden kind of a quarter mile east — De Weerd: Anna could you maybe (inaudible)? I am not really sure where these properties are. I know where the Aldape (inaudible----). (Inaudible discussion) Canning: The Aldape property is generally just north of Bosco Lane and that is the letter from Peggy Everist on (inaudible). (Inaudible discussion) Merrill: Yes, it's below the rim and it just sits right in the middle of that — (Inaudible discussion) Merrill: Well, and the other thing is that if that piece were allowed to come to Meridian then both of us (inaudible) to the west of — that we are trying to put together from being annexed into the City of Eagle. We do have property owners over on the west side and as well as on the east side that aligned (inaudible). So, that just puts a big hole in that. Meridian City Council & Eagie City Council Special Meeting February 21, 2006 Page 8 of 23 De Weerd: That is not part of our plan (inaudible). Merrill: Well, I think the important thing is that these properties can be served and that they could development rights on those and entitlement rights and opportunities for that. Another thing to realize too (inaudible ) already tried and true and worked flood plain development ordinance that is pretty extensive with the staff to follow it through and to take care of it. So, that is something that we have done all along the river, through all the channels of rivers is flood plain development and an ordinance (inaudible ) that we have already adopted to take care of those (inaudible----). (Inaudible discussion) De Weerd: Can you draw on my piece because I can't (inaudible----)? I am a visual person. (Inaudible ). Bird: Is that your west boundary --? Merrill: It is with the — the block of red there is the Committee of Nine's. Bird: And this would be Eagle — I mean Star? Merrill: Um, west of — yeah. (Speaker unknown): Madame Mayors, I was just going to ask — the last couple of years the (inaudible—) have been (inaudible) the legislative (inaudible ----) and they have been looking at opportunities for (inaudible) both drinking water and sewer districts. Has anybody contacted the City of Meridian about that? Since (inaudible) lives in this area, he has an interest on seeing what is developing out there and from what I understand his concern is the political boundaries of the water and sewer districts (inaudible----). I think what their intention was to look at the possibility of looking at geographic boundaries. Perhaps the District could split either (inaudible) and the county and the city — so just to throw another (inaudible) idea out here and (inaudible) property moves forward (inaudible ) batch reactor plans. That is a possibility. There is still being improvement, operation maintenance is the big issue on those, but if there is a traditional way of handling those, too (inaudible ). Bird: Aren't you guys buying some units from Boise Sewer and in your area (inaudible----)? (Speaker unknown): Star is. Bird: (Inaudible-----)? Meridian City Council & Eagle City Council Special Meeting February 21, 2006 Page 9 of 23 Merrill: What we have right now is we have a contract with Boise City, well not "we", but Eagle Sewer District has a contract with Boise City to serve the sewer that comes from the City of Eagle at their west Boise plant. At the time that Eagle Sewer District completes their plant, at that point, they hope to one day soon be able to draw from Boise Sewer and be able to process it there. The thing that I looked at and thinking about (inaudible) here and I have to flip-flop that over to Kuna and what's going on in that area, too, is that — particularly here is that they have got Boise processing that in the Boise River, Eagle soon to be, Star, Middleton and you have got that whole thing out there type of situation (inaudible) if there was an opportunity somewhere along a particular river and again on the other side of — or out near the Meridian area, you have to really location areas here to process sewer regionally. You could basically get Boise, Meridian, Kuna on one areas as well as Boise, Eagle, Star and Middleton and going out that direction out there, I think it's probably a long term, long time plan, but it certainly makes sense from the general public and from what is best for the environment. The other thing that we are looking at, too, is opportunities to do land application (inaudible). The Clean Water Act and everything that is going through with that there is opportunities to be able to recharge the aquifers back with this benefit, this beautiful asset that we have with this reusable water. I was just talking with a guy the other day and he says how long has it been since you have been down to San Diego? I said, well quite a little while. He said, well if you turned on the tap and drank any water you are drinking (inaudible) water. That is an interesting thought, but it is an up and coming technology. Phil has worked with the DEQ and that is his background and that is why we kind of went off on that a little bit maybe in this line of work. Anyway, those are just some thoughts, maybe outside this box, but certainly we would be willing to engage and involve in any discussion that could help facilitate the other side of Meridian out there as well as (inaudible---). De Weerd: (Inaudible ) still trying to identify from a (inaudible---) they are. (Inaudible----). Wardle: Madame Mayor's, one of the objectives that I have and we open the conversation up with the Eagle Road discussion and really who's fault that was — I mean (inaudible) set on the Council I can say that it probably wasn't mine. All of the things aside, the one thing that it appears to me that we are changing uses from the current agricultural land, higher density residential, some commercial in addition to some of these Public Works sort of situations — we probably ought to be looking at transportation. I know that the City of Meridian is planning very heavily for the McDermott corridor and to allow that to be a potentially an off grade facility and be at high speed — (Inaudible discussion) Wardle: Yeah, sorry Highway 16. In addition to that one of the things that we are going to need is the ability to function internally with some collector roads and Meridian City Council & Eagle City Council Special Meeting February 21, 2006 Page 10 of 23 a system that works together that keeps people off of Highway 20/26 and Highway 16, so regardless of where the properties go, I think it makes sense to have closer to conversations because you really would be using, essentially the residential collector roads or business development roads. Is that correct, Steve? Merrill: We would on our side. I think you would be on your side, too, actually. Siddoway: For McDermott, along Highway 16? Wardle: Well, as opposed to restrict access you are going to need some internal Siddoway: You are going to have to have back -age roads or things that will provide access separate from that facility. Wardle: Right. Merrill: Yeah, we agree with that. We had an opportunity to with that transportation department this last week and that is one of things that we — I think we are supportive and both of us are in the same thing as we know that as development occurs here we have got to move people. We have got to get them on and off of these roads. We are going to have development, certainly retail, commercial and that is going to occur. If you put a road in it is going to come on that and then how is the best way to, you know, jointly support each other where a light should be along in here and the frontage and back -age roads and I think that kind of support going to a transportation department is good. I think the more that we are all on board on the same land use and that would be helpful. Whatever you guys are planning on the north, on the south side — north side of the road up there, I think we would be interested in. If this indeed goes into Meridian then you know — (Inaudible speaker and discussion) Merrill: Yeah, we heard from some Spurwing folks when we did the Comprehensive Plan and their desire was to develop some townhouses and things and they desired at that time to be in Meridian. That was their request. I don't know if they changed, but I don't think so. I (inaudible--) on board. (Inaudible discussion) De Weerd: If you will speak up and give your name and address for the record, please. Doug Carnigan: My name is Doug Carnigan, address is 4410 W. Chinden. also happen to be a member of Spurwing Country Club (inaudible----). So, if you Meridian City Council & Eayie City Council Special Meeting February 21, 2006 Page 11 of 23 think of it in two parts, Spurwing has a piece of it that is not yet developed. They would like to do this with (inaudible) townhouses and it is my understanding Jacque Hewitt is responsible for that. We could file an annexation (inaudible----) so that is that piece. The second piece is the members of the area that is already developed. It is my understanding that they have not taken a vote. If was to do a rough poll, I would say that probably 75 percent would prefer to be in Meridian. N. Baird: You know on our Comprehensive Plan process and our Committee of Nine process — have a letter from -- (inaudible) also owns property down on Duck Alley and their direction in that Comprehensive Plan process was that they had concerns about the (inaudible) area being included into Eagle at this time because they wanted to develop quicker, similar with the townhouses. But, as for the Duck Alley piece they really saw that as being part of the City of Eagle and it being geographically separated — having it developed Boise and Eagle. (Inaudible---) sorry (inaudible--). Merrill: One of the things that we learned through the process as you are going through the process with the county on the deal and going through the Committee of Nine, which has been (inaudible) painful for the City of Eagle that we will pass along for you is the only three requirements for a State Law that you need to meet and that is that you have a geographical boundary that show the trade area and the ability to annex and those are the three criteria, which the Committee of Nine — they looked at everything else — both cities could serve. It wasn't who could serve more efficiently, it was that they both had a plan, they both could serve and all together things that went into the whole big mess it boiled down to the three criteria that the State law allows for. And with a geographical boundary being definitely in my opinion (inaudible) we would hope that that would be some sort of negotiation with the City of Meridian. (Speaker unknown): Do we know if this land that (inaudible ---)? (Inaudible discussion) De Weerd: Does the Phyllis Canal (inaudible ). (Inaudible discussion) De Weerd: I guess to add to (inaudible) you know I am kind of (inaudible) on Planning and Zoning (inaudible ) and I enjoyed that process. I also and maybe it will be naive and that I believe in the public process. I think two political bodies together is great, but I also think that the people that live in these island areas should have a voice as well. That has been kind of our approach and going out and plan (inaudible) trying to avoid these kinds of similar issues to (inaudible). We are hoping to do a regional public process exercise and bring the county and the two cities together to include the 16 residents in this (inaudible). Meridian City Council & Eagle City Council Special Meeting February 21, 2006 Page 12 of 23 You get a better sense of where they feel (inaudible ) what they envision, what are their quality of life issues, what they think (inaudible---) and I guess as we talk to your Mayor, boy it was over a year ago and came to (inaudible) on the subdivision out of that one area and take the area on the bench to the west that seemed because of the large interest of the property owners, the right thing to do. When the Aldape's came to us she said this is too far in it; we haven't talked to Eagle to know if there is sewer. We want to be sensitive to the fact that they have been long-time Meridian residents and they feel a connection to Meridian, but we didn't want it to be part of an application that we already had because (inaudible) the political entity with Eagle, with our staffs and we have (inaudible) to know if we can sewer it, water it and at what costs. As our Public Works Director will say, you can sewer anything if you have got enough money. So, (inaudible----) to any property owner is if we both can service it; what costs and what are their thoughts? I mean, I don't like to fade out the voice of the people that it effects to find the solid line, but I do agree (inaudible). We have drawn a solid line with the City of Boise and our staffs respect that. If a developer comes and says I have a development and I want to — Boise sewer is right there and their staff so they could sewer us, we usually lease us, most often it is not. We built into our master plan. We sized our pipes and we have not only — it's not just water and sewer, it is also fire and police and schools and all of that. So, it is not just a sewer issue. It is important to come to that solid line and I think everyone is positioning right now, even the land owners, where they feel they have a sense of belonging and those are appropriate discussions. We just did one including these letters that we have in front of us because we didn't look at them (inaudible) sewer and water because we were valuing a discussion when (inaudible) up to that point and (inaudible ) at a later date and we forgot that and it has become very apparent that you either get a letter one side or the other if those discussions (inaudible----). Merrill: Mayor and I so appreciate that and agree with that 100 percent. That is exactly what we did in our Comprehensive Plan, too. Let me take you one step further since we have gone through the process on this and let you know what has happened on that. In the midst of the heat of the fracas of this battle, if you will, for the impact area out there. There were a lot of property owners that pretty much drew the lines for either side or however they wanted to see the city grow or however they wanted to be involved with it, if they wanted to be in one city or they wanted to be in the other city. During this, what has it been two year process that we have been through? A major part of that property has been sold and those people that stood before us that were so passionate about being in this city or being in that city, sold their property and their developer has now determined which city he wants to be annexed into. So, the love of our properties as we have seen go through the process on that, one particular property was adamant that they did not want to be in the City of Eagle, they wanted to be in Star. In fact, they didn't even want the City of Eagle to serve them or be served by the Boise Sewer District. Well, that property is now sold. The developers now want to build in Eagle and we have to go back and redo that Meridian City Council & Eayie City Council Special Meeting February 21, 2006 Page 13 of 23 contract that excluded them out because of where that piece of property is, it can't be served the other way and it's a big, huge headache on that. So, I think that we want to listen to the people that are living here. That is their property. It is where they lived; it's where we have all lived. We love our property. We love the connections that we have. But, we know that as this land is — we all know what has happened. Look at what's happened with the pink? Look at what's happened with the blue? Look how fast this land is developing out in that area? It is huge and — we cannot keep that also in mind that it is going to flip. De Weerd: Well, and that is where our relationship with the City of Boise once you (inaudible----) came in very handy is that we have a development just to the south of Ustick that half of the subdivision is in Boise and half is in Meridian because the bought the pieces at different times and it was such a hassle even bringing sewer over here that we said no, that we are not releasing to Boise that this is a Meridian piece and (inaudible---). Merrill: We have the same agreement with Boise and we are right next door to them on (inaudible ). Siddoway: If I might, I thought I might try and frame discussions of what I see as the two main questions for this area that we are talking about right now in north of Chinden. The first is that the City of Meridian is proposing an area of impact expansion from Chinden up to the bench between Linder and McDermott. So, the first question is is their general agreement with that area going to Meridian? I wasn't at the meeting last year, but I had heard that there was some discussion last year that suggested that there was some general agreement that that would work. Now, the second question — we have since been approached by the properties below the bench and towards the river and the question is whether the City of Meridian is wanting or desires to take that area into its area of impact also? The second question would then be does Meridian want it? Does Eagle want it? Is there a general agreement, which I sense in general of Meridian going up to the bench and stopping there and letting Eagle have along the bench down into the river bottom? I don't know if that helps frame the question, but I just thought I would throw that out there. Merrill: My Council or your Council or whichever Council. Stan, you haven't had anything to say. Welcome, Stan. Stan is here, I might add. Bastian: Thank you. l just wanted to understand the map here. The red line? Merrill: The red line is the Committee of Nine's recommendation. Bastian: For the City of --? Merrill: Of Eagle. Meridian City Council & Eagle City Council Special Meeting February 21, 2006 Page 14 of 23 Bastian: And what has just been proposed is going from Linder all the way to — (Tape turned over) (Inaudible discussion) Merrill: The Committee of Nine is the process that when you have a disagreement with the county — the Committee of Nine is the three Ada County Commissioners, three of the — well, myself and two of the City Councilmen and three at large citizens. (Inaudible discussion) Merrill: Not necessarily. They could have been. The law allows for the City of Eagle to make the choices of who sits on that board. We allowed — we discussed that with the county and together jointly we chose the three citizens. (Inaudible discussion) Merrill: Umm, no. A retired judge, a developer, an attorney and a developer. Bastian: Madame Mayors. Steve, I think your comments are the (inaudible) issue pertinent to — or at least the way that I saw them — as the first question being where these lines are being drawn and sounds like discussion today and before today was that the McDermott, Linder to the Phyllis Canal in the area that we propose as the expanded area of impact, nobody has an objection to and I haven't seen any particular property owners within that area that has any objection to that expansion. I guess the first step that everyone is on the same page with? Guerber: I guess I could speak on behalf of everybody. I guess that there is an interesting sidebar that is going on here, which is just — since we have that one property on the west side of Linder, why not just go ahead and (inaudible) the corner and then we got maybe even a (inaudible----) the canal with a bench and then we have hard boundary on the west (inaudible ) leaves that little parcel right on the corner (inaudible) draws a straight line. I like that idea. Canning: Madame Mayors, Council members we already do have an annexation request in (inaudible----) for those properties. Guerber: For that corner? That little deal? Canning: Everything excluding the residential properties — Guerber: When do you have that (inaudible---)? Meridian City Council & Eagle City Council Special Meeting February 21, 2006 Page 15 of 23 Canning: They are asking for mixed use designation and then proposing some transitional density of residential that goes from townhouses to 17,000 or 18,000 square foot Tots to the north end of the property and they are also asking for some commercial uses right along Chinden. (Speaker unknown): And that is all one owner? Canning: Yes. It was under one development application. (Speaker unknown): But it brings that comer in — that whole section would be (inaudible----)? Merrill: Yeah, that whole area there. (Inaudible discussion) Borton: Madame Mayors, I was just going to say — that is public process. And it kind of going in to all of the things that we have talked about so far as far as what would make sense for the respective cities — the difficulty or ease of serving utilities in these areas, but (inaudible ) developed, but it is obvious to me that the folks with the largest land parcel here is for (inaudible----). That is the only question (inaudible----) is how we are going to split this along the Phyllis Canal and how do we incorporate the rest of the (inaudible---)? Bastian: Joe, I think we are in agreement that that makes sense, that that geographic boundary (inaudible--). (Inaudible discussion) Bastian: I think the issue that we are sensitive to is going to be on the bench down to the river and so I just would like to know what your thoughts are about that. I understand that the property owner would like to be annexed into the City of Meridian. The Aldape property, I would just like to know how our Council feels and how your Council feels about that issue? De Weerd: I guess, Stan, as a Council we haven't had that discussion as that letter at the end and now the subsequent letters on additional landowners in that area who have also made similar requests. We told them that right now we are in the process of this Comp Plan revision and that is not a part of it. So, it is something that I think our cities need to talk about with those property owners and maybe it starts with our staffs and the property owners, or --? Merrill: -- and the sewer districts. I think what can happen — De Weerd: (Inaudible---) get together. Meridian City Council & Eagle City Council Special Meeting February 21, 2006 Page 16 of 23 Wardle: Madame Mayors, certainly to clarify — we are in the process of looking at expanding our area of impact we haven't had this discussion within our City Council as to what our recommended action would be in this specific instance and it appears to me that we are talking really of some very specific properties, but from a Council perspective we need to make some policy decisions on and we have a general policy of working together with cities and being partners in those types of arrangements, but we haven't addressed it individually and I — someone mentioned the public process and I believe that there is a public process for the Council to consider those things, so while we may want to draw a line here at this table, I just don't know that that is a possibility for today. I am sensitive to the things that have been brought up. Flood management is one of those that we don't feel that with the Boise River in the City of Meridian as a waterway through our community — it is not an issue that we have broached at this point and time. Merrill: I think that probably what we should discuss is where are you in the process with the county? You know, if you are willing to share that with us with your request for the area of impact and if we can come to some kind of an agreement on this — what we should do with our Committee of Nine recommendation in order to correlate that with your requests for you area of impact, which would also facilitate our area of impact. So, I think that's probably — where is Bill — it's attorney type of stuff and staffs type of stuff I would think would probably be the next kind of consideration and discussion that we would want. De Weerd: I guess I appreciate the (inaudible) on two different issues. One is the Comp Plan and then the overlap with yours and I think we are in consensus on that and we would like to move forward. Council will be hearing that again on March 7th to what we anticipate make the final recommendation so that it then goes forward to the county. Merrill: You need a letter on that from us on how we feel (inaudible) about this (inaudible). We have a meeting tonight with the Council and we could make a motion and put together a letter — De Weerd: I would really appreciate that. The second issue would be additional correspondence that, I think, you have received and we received that has some other issues that have been raised and we need to work together to find that line that we all feel comfortable in drawing. At this point as we move forward with this, we thought we were drawing that line, but I do think that our cities, our staffs, the Council Presidents and Mayors maybe get together with those residents and talk and see how we want to proceed and in response to property owners and what the requests are. That is a separate issue and then maybe we can start finding that solid line because there is a conflict of state code. You can (inaudible) to get these area of impact lines drawn and then some request annexation — if you don't have good, solid relationships, those lines mean Meridian City Council & Eagle City Council Special Meeting February 21, 2006 Page 17 of 23 nothing. They mean absolutely nothing and when you master plan your community, master plan your sites or try to look at where your fire station should be located, you look at all the different associated services and that master plan seems to go down the tubes because someone has just taken a major chunk out of the area that you have planned for, I think that is (inaudible) and you are not doing your citizens the due diligence of being frugal with their tax paying dollars and how to get efficiencies and your economies or scales through those provisions of services. So, if we can get through this one piece with COMPASS and plan that we are moving forward with and that we have agreement on and then have an agreement to get together and then talk about the next set and then start looking towards the end result where we would like to find those lines that we have good dialogue if someone wants to come and we have found a couple of incidences in Boise where we have a no -man's land that can't (inaudible) and it makes sense to either pull it into Meridian or into Boise once you start getting into a different level of analyzing it. So, then our staffs come together on that micro level. Does that sound like a reasonable approach? Merrill: That sounds like a reasonable approach. I think that the other thing — agree the areas of impact that we have seen are worthless as far as I am concerned. Memorandums of Understanding between cities coming together to me would mean a lot more as we (inaudible) follow through with the City Council's as we move through the things, like we have with Boise and you probably have with Boise also. Wardle: And if I may just a little further — I know that our staff, the Public Works staff hasn't at the direction of Council really considered their service ability below them. I would think that the first step would be to get the two staffs together at the Public Works Department to look at that so that we can all have a more informed decision to make and then certainly work together with Councils and property owners to make them more — Merrill: I would tell you that this area that you are talking about below the bench is in our water master plan and has been planned for types or size. The wells are (inaudible----) determined to be, as well the sewer has been planned for that area. So, even though it is not being built yet they know where all of the pipes are, they know how it is going to be served and it's there. It already has a master plan both for water and sewer for that full area. (Inaudible discussion) Merrill: We do have those plans and we would be happy to sit down with staffs and see how that goes. Canning: Madame Mayors and members of the Councils, just regarding Mayor Merrill's issue on the finding of where we are with the areas of the impact process. My understanding is the county has so many other ways right now, Meridian City Council & Eagle City Council Special Meeting February 21, 2006 Page 18 of 23 which amendments — which would be considered amendments through the Comprehensive Plan that the soonest that ours would be likely to discussed is in September. So, we are a ways off from needing a letter. Merrill: All right. Canning: I think that the next (inaudible) milestone that comes up relative to the discussions (inaudible-----) regarding rural area, which (inaudible) in March and as it stands you're current request includes the overlap area. That would be the next big milestones. De Weerd: But, I think our Council would appreciate a letter because (inaudible) a decision that we are moving forward with an agreement with the City of Eagle. Merrill: Well, I would think that we would like a (inaudible) at that, too, from our proper Councils if we are going to have to meet with the county on this and talk about this area of impact, that we are going to be with them and then we would probably want one from Meridian also. We are going to be required to negotiate the area of impact between the two of us anyway, whether this has not been noticed as re -negotiation of the area of impact on that, but we could certainly say that we have met and that we have discussed this area between the City of Meridian and the City of Eagle and that we are working on trying to come to a solution between the two of us (inaudible) make that decision. Bastian: What I think should happen is the two letters, one from the City of Eagle and one from the City of Meridian would be good things to have, but I think the Memorandum of Understanding might even be palatable, something that both Council's agree upon and sign off on and present to the county at the end of the day, you know, assuming that we can agree. I think we can reach a point where we can agree and then present that as a unified body, both Eagle and Meridian and the county saying this is what we agreed upon. I think, then, they would be most likely to honor that Memorandum of Understanding and be able to go forward and we would feel like that we crafted it ourselves and I think that is the way to go. Merrill: I guess I lean that more towards that we trust you guys. As city leaders we know that you understand what we understand and the needs for both of our cities to grow and the needs to work with our citizens out here and the other things out there. We have not had good relationships with the county. You know that and it has been very difficult for us to be able to work through these issues and I just think that the two cities can work together and we can show the other cities out there and hopefully we can help facilitate and help work through your issues on the other side of your city, out there in Meridian — we do that again out here that can set a standard and help you further and that we are sure to welcome and offer our help in anyway that we can and we are there for you. But, just think it is a good starting point to have two good Councils work together. Meridian City Council & Eagie City Council Special Meeting February 21, 2006 Page 19 of 23 Bastian: Madame Mayors a question on comments and — about the Memorandum of Understanding and get together to create one. Do we have an understanding or at least (inaudible----) or are you talking about north of the Phyllis Canal. Do we have a written one? Merrill: No. (Speaker unknown): There is not, but I mean as far as the dialogue today. Bastian: Yeah, I think we have come to an understanding today and I suppose we haven't included what we are going to do with the property down below the bench, but I think what our Council is leading to is it is a planned area for a provision of water and sewer and we would like to see that remain in the City of Eagle and that the higher elevation where you can service remain in the City of Meridian. Now, that begs the question and that is how will the property owners down here be best served and if we can demonstrate then we can serve them equally as well, that is we can provide water and sewer. I don't think there is a question really there other than a preference to which city you want to call yourself. But, I think for our long-term planning of water and sewer and the expense of that planning and anticipation of that being in our area of impact and your planning with previous agreements that review expected events should be in your area of impact. There is where I would like to go. I think that would be a compromise that, at least from my perspective will be agreeable. (Inaudible discussion) Merrill: So, you have a meeting tonight also. Well, this will be (inaudible) I don't know at your agendas or our agendas discuss it further and then everybody get together and see how we did. I am hearing that we are saying the same thing. am thinking that we are working — definitely we have got to go through the public process and we want to hear from the citizens out here. But, I think that it is important for us to be able to lay our cases out before them and say how can we best serve them? Just because we put somebody in the area of impact, does not change their address. It does not change what they do or whatever city they feel that they belong in. They still go to the same schools. They still go to the same Post Office and still go to the same things that they always do until they, in our case, request annexation for their property to be annexed whether they are developing or whether they determine that that is what they want to do is be part of the City of Eagle. But, the plans for them to be able to serve that area in any case will be available, not forced upon anyone, but certainly will be available for during the next years as development process occurs. I think that that is the kind of thing that we want to make sure the people understand that there is such a misconception between the area of impact and annexation in the cities and the people — a lot of people in our process felt as soon as they were in the area of impact they were in the City of Eagle. So, not understanding that they had to be annexed and they had to request for annexation — they wanted to change their Meridian City Council & Eagle City Council Special Meeting February 21, 2006 Page 20 of 23 property and that kind of stuff. You know, so 1 think that it's up to us as city leaders to educate folks and the difference between the two and what the area of impact actually does and what the annexation (inaudible) because that is where we really did get into a lot of problems out there. They were just people that had never been to a meeting and never had been in anywhere involved with any city process and all of sudden they get a letter saying, you know, we are going to have these areas of impact request for the City of Eagle and the City of Star and they thought their land was being taken and something was happening to it. Yeah, it was going to be rezoned and they couldn't have their horses or the cows or whatever they have out there on it. So, you know we know all of that, but a lot of times the folks out there don't understand that. Bastian: But, Mayor, having said what I said I would like to go to the letter that is attached to the documents here, February 13th addressed to Mayor De Weerd. The last paragraph says that we feel that Meridian could serve our needs a lot easier and sooner than Eagle could be able to and who would like to join their neighbors the Aldape's and (inaudible) to the west and the south of us and be (inaudible ). What I think is the obligation of the City of Eagle, if we go forward with that in our area of impact is to show that we can provide service and that it can be beneficial to the property owners. I would think that if we cannot do that, then we would relinquish that area to the City of Meridian. I think that if you stack the facts up there and say look this is the facts here and another set of facts here and we can compare how they connect to the City of Meridian and we can compare how they connect to the City of Eagle and there is a clear delineation that one half way is more efficient and less costly than the other and I think we ought to go that direction. I am not sure how the Council feels about that, but that is the way I think we ought to go. Wardle: Madame Mayors, mentioning that we have a meeting this evening, think one of the things that this Council can do is just craft for our Council and for the property owners a timeline as well as and in planning staff -- I guess I am directing maybe a couple of questions to staff. What would be the timelines? What would a Memorandum of Understanding look like? What sort of notice would need to be given to property owners? I guess those are some unanswered questions for me that maybe, hopefully this evening — our agenda is very full, but if we could at least have the short discussion as far as timeline so that we could communicate that back to Eagle, to the property owners. It would help, I guess, me personally fit this into how that decision gets made. De Weerd: Well, I guess my thing is and I know if I don't say this our City Clerk will hang me up by my toenails. I think before we can have any discussion like this it needs (inaudible ) and it should be on our agenda. What I would like to do is have us work with our staffs and maybe create some draft language for the next Council meeting and put together a timeline that we can have something to discuss that the public will (inaudible----) the city prior to that and we will have Meridian City Council & Eagle City Council Special Meeting February 21, 2006 Page 21 of 23 appropriately noticed and I can retain a good relationship with my City Clerk and that I have compromised his agenda. Bastian: Mayor De Weerd and Mayor Merrill, one of the things that I would like to see in the process is that one that we work towards the Memorandum of Understanding, but also in the process I think we need to have our technical expert water, sewer people meet together and determine how this area can be served best and least expensively and that should be a driving (inaudible ) should help us make a decision. And, we have to make a decision that is a good decision for all concerned, including the property owners. Merrill: And the tax payers that have to pay for it also. To me that is one of the critical issues on that is that we work together on those details because if you don't, then you are going to get — what happens is you will get people out there making assumptions and saying things about your sewer or our sewer that are not true and it is not easy to do that if you have got them both working together and you can say jointly this is what we decided and we know what is going on with Meridian and Meridian knows what is going on with Eagle and the stats are solid in where those are. Then you will not have assumptions and people assuming or saying things out there that are not true. De Weerd: We know exactly what you are trying to say. Canning: Madame Mayors and members of the Council, I understand the technical background kind of information you want. There is (inaudible) have, but do City Council's want to hold their own hearings separately with those infected property owners or would you like a joint hearing so that they can come testify at both Councils at the same time to make those decisions? Merrill: That would be a good idea. Canning: We will work toward that end. Merrill: Council? (Speakers unknown): Yeah. De Weerd: Before it gets to a more formal public hearing process, I do think it would be advantageous for staff that two Mayors and the two Council Presidents to have that dialogue first and I know I am volunteering the Council Presidents' time for this, but I do think that that probably is the most appropriate first step, rather than a formal process involving (inaudible ). Merrill: That is a good idea to flush it out. De Weerd: Yeah, to flush it out there and then start bringing that to the public. Meridian City Council & Eagle City Council Special Meeting February 21, 2006 Page 22 of 23 Bastian: Mayors? Merrill: Stan. Bastian: I think there is a two issue piece here and one is the bench area, which I think we have an agreement on and we can go forward with the Memorandum of Understanding on — De Weerd: We are way ahead of you. We (inaudible ). Bastian: The other area, l think requires a couple of things. One, I think both the Eagle City Council and the Meridian City Council, the Mayors and Councils need to have a presentation made, a factual one based upon how these areas concem the citizens. Bird: I think when the Council Presidents and the Mayors get together (inaudible- ---) and the Eagle Sewer District and figure it out. We can all sewer everything, it just depends on how big of a lift you want. De Weerd: We agree on that. (Inaudible---). Merrill: Cool and thank you so much. This is good. De Weerd: We appreciate you coordinating our staffs (inaudible ). Merrill: I just never want to go through what we have been through again, ever. I hope you don't have to either. Bastian: Do we need a motion to adjourn? Bandy: I move we adjourn. Bastian: Second. Merrill: All those in favor? ALL AYES. MOTION CARRIED. De Weerd: The same for our Council. Borton: I move we adjourn. Bird: Second. Meridian City Council & Eagle City Council Special Meeting February 21, 2006 Page 23 of 23 De Weerd: All those in favor. THREE AYES. ONE ABSENT. MOTION CARRIED. MEETING ADJOURNED AT 1:04 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: (../4 TAMMY DE WERD, MAYOR 3 , P , O6 DATE APP,R 4 ',,,,,' 0 ATTESTED: Alf,. / - , .., WILLIAM G. BERG, J ., C � . 0 ,o $' r ti 1, ,r 6� %�'l, r City of Eagle Land Use Map Adopted November 9, 1999 Revised September 14, 2004 Western Arca Plan Adopted September 14, 2004 2.000 1.000 0 2.000 9VM,rMn11,E•Co Feet N I= Residential Rural I=1 Residential Estate C7 Residential One I=1 Residential Two O Residential Three I= Residential Four O High Density Residential O Transitional Residential [] Village Center p Mixed Use ® Professional Office p Business Park 1=1 Central Business District ® Commercial ® Eagle Island Special Use ® Public/Semi-Public III Industrial ® Scenic Comdor t� Floodway These Comprehensive plan densities are maximums. In order to meet all the Policies of the Eagle Comprehensive plan and standards of the Eagle City Code, these densities may not be achievable. 00 COM 71,,1,.Non : +auaron February 13, 2006 Mayor Tammy De Weerd Meridian City Council Mayor Nancy Merrill Eagle City Council Mayor: RECEIVEL FEB 1 6 2006 CITY OF MERIDIAN CITY CLERK O V 'r We would like to bring to you attention our wishes to have our ranch, which is located at 3200 W Duck Alley Lane, Eagle, to be brought into the Meridian impact area for the following reasons. Our neighbors to the west and south of us, the Aldape's and Henkel's property, have also requested to be in the Meridian impact area. I have discussed this with some folks on the Eagle utility board and their thoughts are that Eagle has expanded west towards Star and not south off Highway 44 up Linder Road to Chinden. They mentioned the cost of running utility across two channels of the Boise River would delay that project for years to come because there are not enough large parcels of land to be developed to move a project like that forward. One parcel being a state park that won't be developed, also Duck Alley which is a mile long +1- and a large parcel of land belonging to Spur Wing Golf course that won't be developed, a children's home property and property owned by a wildlife refuge which is putting the land in a trust to prevent development. It would not be feasible for us with 100 acres to try to bring utilities from State Street nor would it be feasible for Eagle to bring the utilities to our land. Since our neighbors the Aldape's and Henkel's are requesting Meridian impact it makes sense to add our property at the same time. It would be easier to get utilities to our property through the Alpape's. It would also help disperse traffic off Basco Lane to Duck Alley. This might give some traffic relief to these developments someday. It just seems sensible, since the Carnahan Development is asking to be in the Meridian impact area and bring utilities to the rim above us, to keep all the property on the south side of the river, that could be developed in our lifetime, all in the Meridian impact area because of the utility connections and traffic disbursement and would lessen problems in the future. The river brings a lot of problems for our property to be in the Eagle impact area. We feel that Meridian could serve our needs a lot easier and sooner than Eagle will be able to. So we would like to join our neighbors, the Aldape's and Henkel's, to the west and south of us to be in the Meridian impact area. Sincerely, Property Owners r.�.-y.A....., Ray Arana ti, a 1, 9A>L, Tim T. Gibson E,,LsuAlic, X&-ses6vp th Ysursa-G :bson February 11, 2006 Mayor Tammy de Weerd Meridian City Council Mayor Nancy Merrill Eagle City Council Dear Members, RECK( FEB 1 3 2006 GI T Y OF MERIDIAN oI i Y CLERKtr,r- Meridian / Eagle Impact Area Request Re: Aldape/Everist Property — located between Ten Mile and Black Cat, north of the Phyllis Canal to the Boise River. This letter is to notify you of our desire to be included in the Meridian City impact area. We have met with Nichoel Baird Spencer, City of Eagle, Anna Canning, City of Meridian and also with Richard Cook, Ada County Development Services and have discussed our desire to stay with Meridian. Our reasons include: 1. Our neighbors to the south have applied for annexation into Meridian, so we would be contiguous to Meridian City limits. 2. Sewer services will be across the property line within a year from now, whereas Eagle sewer services are five miles away and are not even on the projection map yet. 3. The mailing address and phone number have been in Meridian for at least 85 years. 4. The only access to the property is through Basco Lane which is south of the property and located miles closer to Meridian than Eagle. 5. Fire and police protection are currently being provided through the city of Meridian. The Aldape property is located only five miles from the Meridian Fire Department, whereas Eagle is significantly farther, plus they have to cross the Boise River. And just recently when my parents called 911 in need of an ambulance, the Meridian Fire Department was the first response team to arrive. 6. Four generations of "Aldape's" are attending, or have graduated from Meridian schools. 7. We have always been Meridianites and want to remain Meridianites. Our vision is to develop the land into a residential development with ponds, similar to other river side developments. If you have any questions and would like to discuss this matter with us, please feel free to call Sherrie at 888-7700. Sinceiely, ,J Peggy Everist Sherrie Ewing (Daughters of Elias and Margaret Aldape) � j v Dear Mayor Tammy Deweerd, On this date of February 15t 2006 the current owners of the real properties that reside at 3205 West Duck Alley, of N 1/2 NENE and the NENWNE, Section 22, Township 4 North, Range 1 West, BM, Ada County, Idaho. which are Gary Eugene Henkel, Steve James Henkel, and Linda Ann Lazaris request to be included in as property owners within the Meridian Impact area. As owners of the property we feel it would be the most cost effective means to provide the necessary services for future development in regards to overcoming the access of facilities through two (2) major water way obstacles ( Boise River and an Irrigation cannel) from the Eagle area. Gary E. Henkel E.: Z ' i 45 —06 Steve J. Henkel, v � /r Linda A. Lazaris Thank you, Gary E. Henkel RECEIVET) FEB 1 6 2006 CITY OF MERIDIAN CITY rt FPv r.r ►rr Dear Mayor Tammy Deweerd, On this date of February 15th 2006 the current owners of the real properties that reside at 3205 West Duck Alley, of N 1/2 NENE and the NENWNE, Section 22, Township 4 North, Range 1 West, BM, Ada County, Idaho. which are Gary Eugene Henkel, Steve James Henkel, and Linda Ann Lazaris request to be included in as property owners within the Meridian Impact area. As owners of the property we feel it would be the most cost effective means to provide the necessary services for future development in regards to overcoming the access of facilities through two (2 ) major water way obstacles ( Boise River and an Irrigation cannel ) from the Eagle area. Gary E. Henkel Steve J. Henkel_ Linda A. Lazaris Thank you, Gary E. Henkel Z -06. Z,":„4„,&e _ c9 RECEIVED FEB 1 6 2006 CITY OF MERIDIAN t TC FRV nFFICF