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HomeMy WebLinkAbout2001 11-07 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA WednesdaYJ November 7J 2001J at 6:30 p.m. City Council Chambers 1. RolI~call Attendance: ~ Tammy de Weerd -L Ron Anderson -L Cherie McCandless -L Keith Bird -L Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve Minutes of October 9J 2001 City Council Workshop: Approve B. Approve Minutes of October 16J 2001 City Council Regular Meeting: Approve C. Tabled from October 2J 2001: Order Granting Appeal: AP 01- 00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: Table until December 4J 2001 Meeting D. Tabled from October 16J 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01-024 Request for a Conditional Use Permit for the construction of a storage unit on 9.79 acres with one office/commercial pad for Franklin Mini Storage by Ron Osborne - 1975 East Franklin Road: Approve E. Tabled from October 16J 2001: Findings of Fact and Conclusions of Law for Approval: AZ 01 ~010 Request for annexation and zoning from R1 to C-G zones for Podiatry Building by Smith Brighton, LLC - 1065 East Fairview Avenue: Table until November 20J 2001 F. Attorney to prepare Findings of Fact and Conclusions of Law for Denial: CUP 01-026 Request for Conditional Use Permit for the addition of a Drive-up window and Drive-Thru lane in a C-G zone for Moxie Java by Avest Limited Partnership c/o Dakota Meridian City Council Agenda -November 7, 2001 Page 1 of3 All materials presented at public mcctings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documcnts andlor hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Company - North Locust Grove Road and East Loop Lane: Approve G. Meridian School Resource Officer Agreement between Joint School District No.2 and City of Meridian: Approve H. Mutual Aid Agreement between US Bureau of Land Management, USDA Forest Service-Boise National Forest, Idaho Department of Lands, Ada County Emergency Medical Services, Boise Fire Department, Caldwell Fire Department, Eagle Fire District, Kuna Fire District, Middleton Fire District, North Ada County Fire and Rescue District, Star Fire District, Whitney Fire District and Meridian City Fire/Rural District: Approve Addendum to Development Agreement for Bear Creek: Approve J. Street Light Agreement with Bear Creek, LLC for Bear Creek Subdivision: Approve K. Sanitary Sewer and Water Main Easement Agreement with St. Luke's Regional Medical Center, L TO for Touchmark Living Center Project: Approve L. Sanitary Sewer and Water Main Easement Agreement with Touchmark of Treasure Valley, LLC for Touchmark Living Center Project: Approve M. Beer License location transfer for The Cigarette Store: Approve N. Development Agreement: AZ 01-003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: Approve O. Approve Bills: Approve 4. Department Reports: A. Public WorkJs Department - Gary Smith: 1. City of Meridian Transportation Task Force Committee: Approve Meridian City Council Agenda -November 7,2001 Page 2 0 r 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Qffiee at 888-4433 at least 48 hours prior to the public meeting. 2. Grit Basin, UV Disinfection and Effluent Disposal Project - Addendum No. 1 to Agreement for Professional Services: Approve 5. (Items Moved from Consent Agenda) 6. Resolution No. 01-371 : Representatives and Alternates for the City of Meridian on the Regional Public Transportation Authority (VIA TRAN): Approve 7. Ordinance No. 01-930 : AZ 01-003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: Approve 8. Continued Public Hearing from October 16, 2001: CUP 01~021 Request for a Conditional Use Permit for a dual restaurant with drive-thru in a C-G zone for Kentucky Fried Chicken/A&W by G & H Enterprises II - 677 East First Street: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 9. Tabled from October 2J 2001: FP 01-015 Request for Final Plat approval of 23 building lots and 5 other lots on 8.15 acres in an R-4 zone for Staten Park Subdivision by D'Alessio Building Development - south of West Ustick Road and North Black Cat Road: Table until December 4, 2001 Meeting 10. FP 01~018 Request for Final Plat approval of 57 building lots and 3 other lots on 17.66 acres in an R-4 zone for Turtle Creek Subdivision No.3 by Turtle Creek, LLC - east of Linder Road and south of Ustick Road: Table until December 4,2001 Meeting 11. Canvassing the votes for the General and Special City Elections on November 6J 2001: Approve 12. Discussion of Pathway in The Lakes at Cherry Lane No.9: Discussed 13. Discussion with The Lakes at Cherry Lane No.7: Meridian City Council Agenda -November 7, 200 I Page 3 of3 AlIlTlaterials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to doeuments and/or hearings plcase contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meetina November 7. 2001 The regularly scheduled meeting of the Meridian City Council was called to order at 6:30 P.M. on Wednesday November 7,2001 by Mayor Robert Corrie. Members Present: Robert Corrie, Cherie McCandless, Ron Anderson, and Keith Bird. Members Absent: Tammy de Weerd Others Present: Bill Nichols and Will Berg. Item 1. RolI~call Attendance: ~ Tammy de Weerd -L Ron Anderson X Cherie McCandless X Keith Bird - -L Mayor Robert Corrie- Corrie: -- City Council meeting for November 7, 2001 at 6:30 P.M. Roll call attendance Mr. Clerk. Item 2. Adoption of the Agenda: Corrie: The second item is the adoption of the agenda. Council, we have a request by the, on item C by Mr. Morrow to, if we would table his order granting appeal to 12-4-01. Then we've also, the Podiatry Building, the Findings of Facts and Conclusions of Law, the request was made by Podiatry to table that until the next meeting on the 11-20-01. Then item No. 13, which was discussion of Cherry Lane No.7 is not on the agenda. That was there by mistake. Well, it's 12 but there's 2 nines in there. Anderson: Oh, okay. Corrie: So, we made it 13. Anderson: There is no Cherry Lane? Corrie: There is no Cherry Lane, the Lakes at Cherry Lane No.7, scratch that one. (inaudible discussion amongst Council) Corrie: On Staten Park, on item No.9, that has been requested to table until December 4th as well. That will be tabled when that comes up for NO.9 on the hearing. There was one other request by Dakota Company that they would request that this item be pulled from the November yth agenda and move it to the Meridian City Council Meeting November 7, 2001 Page 2 following Council meeting in order that it can be heard by the entire City Council. All these would take a motion to do so. So, I guess before we can get the consent agenda we need to - Bird: Approve the adoption. Corrie: Approve the adoption. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I would move that we adopt the agenda as stated. Anderson: Second. Corrie: Motion been made and second to adopt the agenda as stated. Any further discussions? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Consent Agenda: A. Approve Minutes of October 9, 2001 City Council Workshop: B. Approve Minutes of October 16, 2001 City Council Regular Meeting: C. Tabled from October 2J 2001: Order Granting Appeal: AP 01 wOO Stop Work Order at 2340 West Franklin Road by Walt Morrow: D. Tabled from October 16J 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01-024 Request for a Conditional Use Permit for the construction of a storage unit on 9.79 acres with one office/commercial pad for Franklin Mini Storage by Ron Osborne - 1975 East Franklin Road: E. Tabled from October 16, 2001: Findings of Fact and Conclusions of Law for Approval: AZ 01~010 Request for annexation and zoning from R1 to C-G zones for Podiatry Building by Smith Brighton, LLC - 1065 East Fairview Avenue: Meridian City Council Meeting November 7,2001 Page 3 F. Attorney to prepare Findings of Fact and Conclusions of Law for Denial: CUP 01 ~026 Request for Conditional Use Permit for the addition of a Drive-up window and Drive-Thru lane in a C-G zone for Moxie Java by Avest Limited Partnership c/o Dakota Company - North Locust Grove Road and East Loop Lane: G. Meridian School Resource Officer Agreement between Joint School District NO.2 and City of Meridian: H. Mutual Aid Agreement between US Bureau of Land Management, USDA Forest Service-Boise National Forest, Idaho Department of Lands, Ada County Emergency Medical Services, Boise Fire Department, Caldwell Fire Department, Eagle Fire District, Kuna Fire District, Middleton Fire District, North Ada County Fire and Rescue District, Star Fire District, Whitney Fire District and Meridian City Fire/Rural District: Addendum to Development Agreement for Bear Creek: J. Street Light Agreement with Bear Creek, LLC for Bear Creek Subdivision: K. Sanitary Sewer and Water Main Easement Agreement with St. Luke's Regional Medical Center, L TO for Touchmark Living Center Project: L. Sanitary Sewer and Water Main Easement Agreement with Touchmark of Treasure Valley, LLC for Touchmark Living Center Project: M. Beer License location transfer for The Cigarette Store: N. Development Agreement: AZ 01-003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: O. Approve Bills: Corrie: Okay. On the consent agenda, you have --. Okay, Mr. Bird. Meridian City Council Meeting November 7, 2001 Page 4 Bird: Mr. Mayor. I would move on the consent agenda that we pull item C, the appeal by Walt Morrow to December 4, 2001 and that we pull the Findings of Facts and Conclusions of Law for approval for Smith Brighton to November 20, 2001. I would move that we table item F, the Moxie Java by Dakota Company to 11-20-01. With that I would make a motion we accept the consent agenda. Corrie: Okay, is there a second to that? Okay, hearing no second, motion dies. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion then to approve the consent agenda with the exception of item C, being tabled to 12-4, item E being tabled to 11-20, and the rest of the consent agenda to stay as written. McCandless: Second. Corrie: Okay. Motion been made and second to approve the consent agenda removing item C until 12-4-01 and item E to be tabled until 11-20-01 and the consent agenda approved as corrected. Any further discussion? Hearing none, all those in favor of the motion --. No. Lets have a roll call vote. Roll-Call: Bird, naye; De Weerd, absent; McCandless, aye; Anderson, aye. MOTION CARRIED: TWO AYE, ONE NAYE, ONE ABSENT Item 4. Department Reports: A. Public Work's Department - Gary Smith: 1. City of Meridian Transportation Task Force Committee: Corrie: department reports, Gary. Smith: Thank you Mr. Mayor, Council Members. The first item on the agenda is our Transportation Task Force Committee report. I submitted to you a copy of the committee's report along with a copy of response from the highway district on the various questions that the committee had during the time that the committee did meet to discuss our transportation projects. One of the things that the highway district submitted to us was a summary of the impact fees that were collected along with the expenditures where the fees have been used. I don't know if this was sufficient information. I know Councilman Bird raised the question several times about getting a complete report on this fund and the monies that have been collected and spent. The main impact this evening, or the main request this Meridian City Council Meeting November 7,2001 Page 5 evening would be for you to act on the priority listing that the Transportation Task Force committee prepared. COMPASS is in need of a decision by Council on this priority list so that they can in turn present that to ITD and ACHD for their work programs. They need to have that information no later than November 15th. The signalization project which we have shown as priority No.1, the last time r talked to the highway department district, the coordinator down there for the project told me that it should be out of their plan, specification and estimate section by January 1 st, there about. That means that it would be going to bid for construction at that time. So, we probably wont see any construction actually being taking place until the first part of February would be my guess at the earliest. The project includes not only the signal at the eastbound off ramp at Kuna Meridian Road but it also includes pavement replacement from Overland Road north to the off ramp, the westbound off ramp and through that intersection for that signal. So, it's a roadway improvement project as well as a signalization. Corrie: Gary, not to interrupt you, I guess I am. Smith: That's fine. Corrie: Is the one, the priority list that we're doing now, that you gave us on --? Smith: That tabular listing Mayor was a listing of the projects that we have had that we have presented to COMPASS and APA before COMPASS over the last, I think 6 or 7 years. It was just a tabulation to show you what projects have been on the priority list and how they have been prioritized . To give you some idea of how it's moved up and down. I did not compare the dates that the highway district had established for the projects so that you could see how those have moved, but they have. Over the years, they've slipped generally back and not ahead. Corrie: So, this 2001 column, is this what it is now? Smith: Yes, that's the recommendation from the committee for this year. Yes sir. Corrie: I'm sorry to interrupt you. Smith: That's fine. I appreciate the question. The other thing that I wanted to talk you about tonight is the enhancement program. That is item No. 16 on the list, the interchange beautification. Brad Hawkins-Clark from Planning and Zoning department has had some conversations with the City of Caldwell concerning an application that they had submitted and for which they were ultimately funded for some beautification work on, I think it's called Centennial Boulevard, I believe that comes off the interstates. It's the northerly most interchange at Caldwell. It comes back into town. They had a $516,000 project that was funded through this program. It's not a grant. I think it's about 80-20. 80 percent federal state funds and 20 percent local match. It does require the City to front the cost for the project and then they are reimbursed on those percentages. It's not something Meridian City Council Meeting November 7. 2001 Page 6 that we need to act on, or that I need your action on tonight but it. It's a program that takes several years to develop. I believe Brad said that the earliest that the project would be under construction if the application was approved would be 2005. So, it takes 4 years for it to develop. Part of the application process is to present a plan, a concept plan bid of what we want to do. Brad has talked to Tom Kuntz in the parks department, obviously that's a key person that needs to be involved in this because they do require an agreement that the City would be responsible for maintenance of the project of whatever is installed there for beautification. So, we've got some on-going expense that would have to be committed to by the City as well as the initial construction expense. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: On the maintenance of that, how many acres is there? Smith: I don't know. I'm not sure. Bird: Gary, and on the maintenance of it then is the enterprise fund going to pay fo r it? Smith: Not the enterprise fund, no sir. It would be a parks general fund project. In effect it's a parks project. It would be similar to our entrance on East First by the speedway for example. I mean, that's all taken care of by the parks department. It's an entrance beautification project is what it is. Like I say, it's nothing that has to be decided tonight but it has been on the prioritized list by the committee for a number of years. It's a pretty competitive program according to Brad because he sits on the selection committee. I think he said there were only 3 projects selected each year. Generally, they have 10 to 12 to 15 projects that are submitted for consideration. As usual on federal projects there will be a lot of hoops to jump through. A lot of things that need to be done that will incur expense that will be costly. That's just part of dealing with the federal aide projects. Corrie: Does this include the Eagle interchange? Smith: Well, it would include whatever the City would want it to include. Yes, sir. You might want to pick one or the other. It probably wouldn't serve us well by going in with both of them on one application. It would just be too big of a project. You'd really have to just deal with perhaps a landscape architect. Tom may even have some knowledge as far as cost, what things cost as to what we could do for a certain number of dollars. Again, it's 20 percent of it would end up being City cost plus the maintenance. Brad Hawkins-Clark is going to talk to Gordon Law, who is the city engineer in Caldwell and get a little more detail as to how things Meridian City Council Meeting November 7, 2001 Page 7 went on it. I know we've had some real concern about another pathway project using the CMAQ funds. I don't think that we would do it. Corrie: Probably not. Smith: I know Tom wouldn't. I know the City of Kuna is not going to and I believe Garden City is of the same attitude. There's just so much peripheral work that has to be done that really doesn't benefit the project from the federal requirements. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Isn't item NO.8 the Franklin fire station, this is probably for Chief Bowers, that looks like they're putting in the permanent. That isn't going to be temporary. That looks like it's the permanent setup. Those lights that are going in out there. They're putting them in every place where Terri told us was going to be permanent and it looks like a permanent setup to me. Bowers: Mayor Corrie, City Council Members, Councilman Bird. What they told me was that they would come in and tear those out when they got ready to do the widening of the road. They will put up permanent lights at that time. Bird: Those are temporaries? Bowers: What they keep saying is they're going to have to come farther into our property to the north, take a little bit of our north. They're moving the road over to the north I guess, farther. That's what they've told me is they are just temporary. Bird: Holy Toledo. (inaudible discussion amongst Council) Corrie: Are we paying for those temporary ones? Bird: No. We're not paying for them. Bowers: I don't think so. Bird: Go ahead. Bowers: It says in here 35,000. Anderson: It says in here 35,000 but I thought they agreed to waive that. Meridian City Council Meeting November 7, 2001 Page 8 Bird; We're not paying anything. Corrie: They did. I remember that. Bird: But, you've got to be kidding me. They went to a lot of work for just temporary. The layout looked just exactly what Terry showed us the permanent ones were going to be. (inaudible discussion amongst Council) Bowers: Mayor Corrie and Keith Bird. Bird: Yes. Bowers: Councilman, the one probably possibly on the south side might be in the right positions. Then still, they've got to come through that sidewalk. They've got to put all that sidewalk through there. So, I don't know. It looks like to me they're going to have to take it all out. Bird: That looks like a lot of wasted expense when you know where you've got to be. The one at R-Tech --. The one they've got next to R-Tech looks like that shows where they were going to put that one. Kenny you might be right but boy, that looks like a lot of wasted money. Bowers: If they have to bring the road to the north, then they would have to be pulled out. Thank you for keeping on them Keith Bird. I appreciate that. You did a good job for us on those lights. Thank you. Bird: I think it was all of us. Corrie: Any other comments, Gary? Smith: No sir, I don't have any. Corrie: Council, any questions? Bird: We have to approve this, Mayor to go to COMPASS? Corrie: Yes. That's their request to go to COMPASS by November. (inaudible discussion amongst Council) Bird: Mr. Mayor. Corrie: Mr. Bird. Meridian City Council Meeting November 7, 2001 Page 9 Bird: If there's no more discussion, I would move that we approve the priority rating by the committee dated 10-23-2001, the top 16 items. McCandless: Second. Corrie: Motion been made and second to move to give the COMPASS board the Meridian Transportation Task Force Committee's recommendation of items 1 through 16 on the sheet dated 10-23-2001. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT 2. Grit Basin, UV Disinfection and Effluent Disposal Project - Addendum No. 1 to Agreement for Professional Services: Smith: Thank you Mayor. Thank you Council. I'll have Brad Watson give you the run down on this next one, please. Corrie: Okay. Watson: Thank you Mayor and Council. Item 2 under department reports for Public Works is just a professional services addendum to the original agreement for the Grit Basin, UV Disinfection and Affluent Disposal Project at the Wastewater Plant. Some time ago, you approved a contract with Carrillo Engineers to do a study on the non-potable water system at the plant. That's been finalized and approved by John Shawcroft and myself. We're going to implement the recommendations in that study into this next project that Keller Associates is actually designing. We would request that --. This is kind of a long request, I guess. You can read it for yourself. If there's any questions I'd be happy to answer those. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Brad this should take care of the complete contract then at that time? Do you foresee any other addendums coming up that's going to require additions to the contract? Watson: Mayor, Council Members, Councilman Bird. We thought that this was, we would actually save money rather than having Carrillo go through the process of developing their own specifications and drawings that we would just wrap those recommendations into Keller's project that they're already working on. This is the only thing that we have in the works in the immediate future as far as construction at the wastewater plant. The total design addition fee --. The total Meridian City Council Meeting November 7, 2001 Page 10 addition to the design fee would be $9,000 lump sum. Then 3600 for construction administration and some other additional services on a not to exceed time and material basis. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I'd make a motion then that we accept addendum No. 1 to the agreement for the wastewater treatment plant Grit Basin for UV and affluent Disposal project to include non-potable water system improvements to Keller and Associates in the added lump sum amount of 9,000 for design and an added time and material basis not to exceed $3600 for an additional services listed and described in the agreement addendum No. 1 and authorize the Mayor to sign and Clerk to attest. Bird: Second. Corrie: Okay. Motion been made and seconded to the agreement on amendment NO.1. Any further discussion? Hearing none, all in favor say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: I'm going to stop here if I might and offer a couple of congratulations on the elections last night. Our own Keith Bird was re-elected for another 4 years on City Council. My congratulations to you Keith. Bird: Thank you Mayor. Corrie: Does the Council have anything they would like to say? Or just dittos? McCandless: Yes, ditto. Anderson: Congratulations. It wasn't even a close race. I think that reflects well of your leadership role as the Council President. I wish you luck in the next 4 years. Bird: Thank you Ron. I appreciate it. Mr. Mayor, could I --. Corrie: No, you go right ahead. Bird: I appreciate it and I want to thank everybody that helped and all the support I had. I've enjoyed the 4 years that we've had here. I'm going to miss one guy that decided not to re-run. We'll get him back after he retires from Fire Chief. We'll get him back up here. Meridian City Council Meeting November 7, 2001 Page I I Corrie: Okay. Thank you. One other announcement, I want to say, congratulations to Frank Thomason for getting the Man of the Year award at the Chamber dinner last Saturday. Congratulations, Frank. Item 6. Resolution No. Representatives and Alternates for the City of Meridian on the Regional Public Transportation Authority (VIATRAN): Corrie: Okay. Item NO.6 is a Resolution No. 01-371. this is a representatives alternatives for the City of Meridian on the Regional Public Transportation Authority VIATRAN. Mr. Clerk, if you read that resolution by title at this time. Berg: Thank you Mr. Mayor, Members of the Council. Resolution No. 01-371. a resolution of the City of Meridian Idaho authorizing the Mayor to represent the City of Meridian on the Regional Public Transportation Authority VITRAN and authorizing the Public Works Director Gary Smith to be an ex-officio member and Brad Hawkins-Clark and David Zaremba shall be appointed as alternates of that authority on behalf of the City of Meridian. Corrie: Okay. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Point of privilege, we made a mistake in the title. Mr. Smith would be a regular member rather than an ex-officio member. I will prepare a revised title page for that resolution. The body of the resolution does correctly reflect his status. Corrie: Okay. Bird: He would just be a member wouldn't he? A regular member like you would be Mayor? Corrie: Yes. Bird: That's what I understood. Corrie: We have 2 seats now. Bird: Yes. The other 2 would be the alternates when one of you can't make it? Corrie: Right. Bird: Okay. Meridian City Council Meeting November 7,2001 Page 12 Corrie: Okay, I'll entertain a motion on Resolution 01-371. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion to approve Resolution No 01-371 appointing representatives and alternates for the City of Meridian to the Regional Public Transportation Authority, VIATRAN. Bird: Second. Corrie: Okay. Motion been made and second. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 7. Ordinance No. : AZ 01-003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: Corrie: Okay. Item No. 7 is Ordinance No. 01-930, a request for annexation and zoning of Bridgetower Crossing Subdivision by Primeland Development Company. So, if the Clerk would read Ordinance No. 01-930 by title only please. Berg: Thank you Mr. Mayor, Members of the Council. Ordinance No. 01-930. an ordinance finding that certain land to be known as Bridgetower Crossing Subdivision, the location of which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho and finding that the owner has made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated low density residential district, R-4, and general retail and service commercial district, C-G, and declaring that said land by proper legal description as described below be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders or parts thereof in conflict herewith and directing the City Engineer to add said property to the official maps of the City of Meridian, Idaho and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada County Recorder, Auditor, Treasurer, and Assessor and the State Tax Commission of the State of Idaho pursuant to Idaho code section 50-223 and section 63-2215. Meridian City Council Meeting November 7,2001 Page 13 Corrie: Okay. You've heard the reading of Ordinance No. 01-930. Is there anyone from the audience that would like to have the ordinance read in its entirety? Okay, I will entertain a motion on Ordinance No. 01-930. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I would move that we approve Ordinance 01-930 and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Motion been made and second to approve Ordinance No. 01-930. Bird: No, we don't say second. We don't need that. Corrie: I was just going to say the suspension of the rules - Bird: With the suspension of rules. No Findings of Facts and Conclusions of Law. Corrie: What I was hearing and what I was going to say would be - Bird: Good, you say it right. Corrie: We've got to correct you. I can't make the motion. Okay. Motion been made and seconded to approve Ordinance No. 01-930 with the suspension of rules. Any further discussion? Hearing none, roll call vote Mr. Clerk. Roll-Call: Bird, aye; De Weerd, absent; McCandless, aye; Anderson, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Continued Public Hearing from October 16J 2001: CUP 01-021 Request for a Conditional Use Permit for a dual restaurant with drive-thru in a C-G zone for Kentucky Fried Chicken/A&W by G & H Enterprises II - 677 East First Street: Corrie: Item NO.8 is a continued public hearing from August 16th on CUP No. 01- 021, this is a request for a conditional use permit for a dual restaurant and drive through in a C-G zone for Kentucky Fried Chicken and A&W by G&H Enterprises II, 677 East First Street. I will continue the public hearing and have staff comments at this time. Good-bye Becky. Item 8. Stiles: Mr. Mayor and Council. We have received a revised plan on the Kentucky Fried Chicken A&W. it does show, --. It's a little hard to see on this. But it does Meridian City Council Meeting November 7, 2001 Page 14 show there was an error apparently on the last drawing that did not change the plan. They had the right of way, the centerline of Meridian Road in the wrong place. So, they do have 40 feet there. I did talk to Mr. Gibb yesterday. I expressed a little concern about the landscaping down here because of the fact that traffic will be going this way and also the lights will be shining into people's eyes this way. He has agreed to work with us and make sure that's not going to cause a problem here. If he needs to put up additional landscaping, he will. We would recommend approval with all staff and agency conditions. Corrie: This is a continued public hearing. Is there any other testimony at this time? Okay. Council, questions? Bird: Does the owner have any problems with it? Corrie: The owner, do you have any --? Bird: The new date on the site is 10-29-01, or 1 0-28-01 ? Is that the right one? Stiles: Yes. Corrie: That's the one (inaudible). Bird: That's the one we're basing it off from right? Stiles: Yes. Bird: Okay. No more questions, Mr. Mayor? I would move we close the public hearing. Corrie: Okay. Anderson: Second. Corrie: Motion made and second to close the public hearing on CUP 021. any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Any further discussion from Council? Bird: I have none. Corrie: Hearing none, I'll entertain a motion on the request for a CUP. Anderson: Mr. Mayor. Meridian City Council Meeting November 7, 2001 Page 15 Corrie: Mr. Anderson. Anderson: I would make a motion that we have the City Attorney draw up the appropriate Findings of Facts and Conclusions of Law approving a CUP No. 01- 021, request for a Conditional Use Permit for a dual restaurant with a drive-thru in a C-G zone for Kentucky Fried Chicken and A&W by G&H Enterprises II at 677 East First Street. Bird: Second. Corrie: Okay. Motion is made an seconded to approve the CUP 021 and to direct the attorney to draw up the Findings of Facts and Conclusions of Law with approval. Any further discussion? Hearing none, roll call vote Mr. Berg. Roll-Call: Bird, aye; De Weerd, absent; McCandless, aye; Anderson, aye. Item 9. Tabled from October 2, 2001: FP 01 ~015 Request for Final Plat approval of 23 building lots and 5 other lots on 8.15 acres in an R-4 zone for Staten Park Subdivision by D'Alessio Building Development - south of West Ustick Road and North Black Cat Road: Corrie: Item No. 9 is a tabled item from October 2nd for a final plat 01-015. There's been a request to table this request by the developer until December 4, 2001. So, if we have any other approvals of the Council, I'll entertain a motion to that affect. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we table item FP 01-015 the request for Final Plat of 23 building lots and 5 other lots on 8.15 acres in an R-4 zone by Staten Park Subdivision until December 4, 2001. McCandless: Second. Corrie: Okay. Motion been made and second to request item NO.9 the Final Plat 01-015 be tabled until December 4, 2001. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 10. FP 01 ~018 Request for Final Plat approval of 57 building lots and 3 other lots on 17.66 acres in an R-4 zone for Turtle Creek Meridian City Council Meeting November 7,2001 Page 16 Subdivision No.3 by Turtle Creek, LLC - east of Linder Road and south of Ustick Road: Corrie: Item NO.1 0 is a request for Final Plat approval of 57 building lots and 3 other lots on 17.66 acres in an R-4 zone for Turtle Creek Subdivision 3 by Turtle Creek LLC, east of Linder Road and south of Ustick Road. Staff, comments? Stiles: Mr. Mayor and Council. This Final Plat is, or the Preliminary Plat is no null and void. The time has expired for them to submit the Final Plat. So, they have submitted a variance for exceeding the time requirements. This js the area out off Linder Road. As you remember, the big communications tower exists in this area here. They're platting all around it. I would ask that you would continue the, or table this until December 4, 2001. Corrie: Any comments form Council? Bird: I have none. Corrie: I'll entertain a motion on the request by the Planning and Zoning Director to table. Bird: MR. Mayor. Corrie: Mr. Bird. Bird: I would move that we table FP 01-018, the request for a Final Plat approval of 57 bu ild ing lots and 3 other lots on 17.66 acres in an R-4 for Tu rtle Creek Subdivision No.3 by Turtle Creek LLC, east of Linder Road and south of Ustick Road until December 4,2001. Anderson: Second. Corrie: Motion made and second to table the Final Plat 01-018 until 12-4-01. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 11. Canvassing the votes for the General and Special City Elections on November 6J 2001: Corrie: Do you want to hear No. 11 canvas the votes and then we can quite? Bird: I would appreciate that myself. Item 12. Discussion of Pathway in The Lakes at Cherry Lane No.9: Meridian City Council Meeting November 7,2001 Page 17 Corrie: Okay. Lets discuss the pathway at the Lakes of Cherry Lane NO.9. believe the attorney has some questions on that. That was requested by- Nichols: Mr. Mayor. Corrie: Yes? Nichols: Mr. Bradbury's out in the foyer. We can go get him. Or you could take up No. 11. Mr. Mayor, Members of the Council. Just to let you know what the --. I think you have Mr. Bradbury's letter dated October 29,2001 regarding the pathway in The Lakes at Cherry Lane No.9. it was a condition of approval for that subdivision that a pathway be constructed along the Eight Mile Lateral. The applicant, developer has furnished a letter of credit, which either was about to expire or did expire. Then they furnished another one to guarantee the construction costs of the pathway. But, as you might expect, Nampa Meridian is not too thrilled about any kind of pathway along a lateral. The applicant is asking for some relief. He can tell you what that relief that they seek and we have some possible alternatives before we get to that point, I think. Mr. Bradbury is prepared to address the Council. Bradbury: Thank you Mr. Mayor and Members of the Council. I appreciate your taking the time to hear us on this issue. I apologize, I was out and you guys got through your business a lot faster than I thought you would. Good job. As Mr. Nichols has indicated, Steiner Development has ran into a little bit of a snag, which was not an unpredictable or unpredicted snag in getting a pathway constructed in the Lakes at Cherry Lane NO.9 Subdivision. Unfortunately all of the contacts that have been made by Steiner's representatives at Briggs Engineering have been rebuffed by the irrigation district with essentially the comment that a pathway is unacceptable. There's been little, if --. Well, I guess I'd have to say there's been no indication that the irrigation district would consider anything else. It's essentially been, you know the answer is no and what part of no don't you guys understand? Steiner's kind of caught in kind of a tough spot. Some of the options that are perhaps available to Steiner are to build the pathway anyway and see what the irrigation district does about it. In other words, invite them to sue, which of course is not a very attractive alternative. Another alternative is to sue the irrigation district and try to get a court to grant some sort of relief or some sort of judgment on behalf of Steiner saying yes, Steiner Development can construct that pathway. But, again, that's another lawsuit. Of course, Steiner Development is in the business of developing subdivisions not in the business of engaging in litigation. I'm just not sure that the City --. I don't think the City necessarily wants to send Steiner Development off to battle a lawsuit. Steiner Development is not opposed to building the pathway. I've been authorized to tell you folks that Steiner Development will deliver a check made payable to the City this week in the amount of the construction costs for that pathway and let the City build it, if the City really wants to do that thing. They're not trying to avoid building the pathway. They're trying to avoid getting into a Meridian City Council Meeting November 7,2001 Page 18 lawsuit. I guess the crux of it all is then that we need some guidance from you. Steiner Development needs some guidance from you as to what you would like to see Steiner Development do. Whether or not you would be interested in or are inclined to participate with Steiner Development in working with the irrigation district to try to resolve this thing or just what you all would like to try to do. One of the things that has transpired over the course of the last couple of months while we've been talking about this is that the irrigation district has apparently directed a letter to the City indicating that it believes, the irrigation district believes that the master pathway agreement the City entered into about a year ago applies to this thing, to this proposed pathway and as a result, the irrigation district concludes that the City should be involved in this process and should be attempting to obtain the approval from the irrigation district, which is fine. I don't know what you all think about it. I've had some conversations with Mr. Nichols about it. That, of course suggests that maybe the City needs to be involved. I don't know. Another question that comes up, and it kind of tags onto this issue of whether it's, whether this pathway falls under the master pathway agreement is whether this pathway is suppose to be a public pathway or a private pathway. It's a good question because I don't know. I read the condition of approval and it doesn't say. I think Steiner Development understood that this was going to be on private property, you know a common lot owned by the homeowner's association and constructed with private funds. But, I don't know that Steiner Development understood and they've said to me, I'm not sure what the City's expectations were with respect to whether that was going to be a pathway open to the public or a pathway that would be a private pathway to be used only by the homeowners in the subdivision. We don't know. We're perhaps looking for some guidance from you in that respect. If it was intended to be open to the public, that might suggest that this master pathway agreement does have something, does apply to this thing. If it was intended to be private, well, then maybe not. If it was intended to be a private pathway, we're kind of questioning the utility of this thing. It's about 1 ,000 feet long that goes essentially from a roadway and dead-ends at the end of Steiner Development's property. Then we begin to wonder what really utility there is for this pathway. That's really kind of what we're after. We're hoping to get some guidance from you guys. Get the benefit of your thoughts. Let us know how you would like for us to proceed. In the mean time, of course Steiner Development would like to be able to continue to sell lots and have those people who buy those lots pull building permits. When they complete the construction of their homes, get certificates of occupancy from them. Steiner has recently posted a new letter of credit in the amount of $19,000 in order to secure its financial obligation. Steiner is certainly hopeful that having done that, the City will permit building permits and certificates of occupancy to be issued. With that, I would be pleased to respond to any questions you may have, or however you want to proceed. We're somewhere at your mercy here I think. Corrie: Go ahead, Bill. You may answer my question by your comment. Meridian City Council Meeting November 7, 2001 Page ] 9 Nichols: Thank you Mr. Mayor, Members of the Council. Mr. Bradbury, a couple of things that historically you need to know that have happened since this project was initially approved. First of all, the City does have a master pathway agreement, which has been entered into with Nampa Meridian Irrigation District, which has --. It's quite detailed. The other thing that you need to know is about a month and a half after this February 1st letter that the irrigation district sent to Briggs Engineering that's referenced in your packet, the Idaho Supreme Court decided a case against Nampa Meridian Irrigation District on the issue of some landscaping improvements and I think it was a sidewalk along the Finch Lateral off Fairview Avenue. A bank, I believe it was Washington --. It was either Washington Federal or Washington Mutual. I can't remember which one. Washington Bank essentially wanted to put the stuff in and they did. The irrigation district took them to court and lost. One of the arguments that the irrigation raised at both the district court level and in the Supreme Court level was whether the district could use safety as a reason to deny the owner of the property the ability to put in a pathway or another improvement along the lateral. The court found that since there was nothing in the easement that the irrigation district had for the lateral, nothing in that easement that referenced safety, that safety was not an issue to be considered. They didn't really go into whether it's safe to have a pathway along a lateral or any of those issues. They basically said it wasn't in your agreement, therefore it's not an issue and we're not going to consider it. The improvements that the bank put in were allowed to stay in. there were also other issues that were raised with regard to maintenance of the lateral and how they were to maintain it and so forth. The evidence in the case was that once every so many years, they ran a pickup along side and burned weeds, f think was about what they did with that. You have a case that stands for the proposition that safety is not an issue. The agreement - *** End of Side One *** Nichols: -- do with the irrigation district says that it will apply to public pathways, or pathways available for public use. It also has some things in it such as we give the irrigation district plans, advance notice of it, opportunity to comment on the plans, and they have the ability to object if the pathway creates an unreasonable risk of harm. That's not defined. Unreasonable risk of harm is not defined. What we're looking at --. I guess what I'm coming down to is we have not required Steiner to this point, to address Nampa Meridian in light of this lawsuit that they lost. We have not required them to approach Nampa Meridian with the idea that perhaps the master pathway agreement does apply and therefore all the hoops that are in there have to be jumped through. My recommendation to the Council is that it's a bit premature to completely remove the pathway from the project. Instead, the City and the developer can go to Nampa Meridian to see, I guess to push back if you will. The knee-jerk letter that came back that said this is a violation to the master pathway agreement end of story. Well the master pathway agreement doesn't give them veto authority over the pathway. It does require us to cooperate with them with regard to the installation of pathways. I think if you --. Meridian City Council Meeting November 7,2001 Page 20 If the pathway was intended to be something that could be used by the public, then the pathway agreement would apply. There are certain steps that have to be gone through to get to that point. Now, if Nampa Meridian says thank you very much, your pathway is fine, except we don't want any pathway by a live lateral, for all I know the answer is that the pathway is only open to the public when there's no water in the ditch. In some of those different issues --. I think we need to take a run at this thing in light of the fact that frankly they got spanked on that case. All of this time, they've been raising the safety issue and raising the safety issue and it had never been decided by a higher court. But, for that master pathway agreement, safety would not be an issue period because of that case. It's something to be considered. I don't want to make light of the fact that you've got to be careful around live water. From a legal standpoint absent the master pathway agreement, safety would really not be an issue other than they throw their weight around and try to intimidate developers and municipalities and others into not doing these things. Corrie: I don't see how they can do anything else but say safety if there's water in it. If there's not water in it --. I'm no attorney. Okay. Any discussion from the Council? Bird: Mr. Mayor Corrie: Mr. Bird. Bird: I think we need to determine something. I agree wholeheartedly with Bill that, lets make a run for it. I'd just as soon that Steiner made the run for it. Is that what you --? With our cooperation, or our backing and stuff. But, let them be the leaders and go out and make the run for it. See how it hangs with the district. Hopefully it will fly right through. I want to keep the pathway but I also want to be able make sure that Steiner can keep selling lots and getting occupancies too. So, I think this is something we need to get progressing right on. I am quite disturbed by this letter that says, after receiving no response from the City after several inquiries. I don't recall getting any inquiries. I'm a little disturbed at that. The delay that's been taking care of. It would be my feeling that, to let as Mr. Nichols said lets make a run at it. With the Nampa Irrigation District and I'd like to see Steiner be the lead forward and the City can be backing. McCandless: Mr. Mayor. Corrie: Yes Mrs. McCandless? McCandless: I would like to ask Bill a question. Is this a public or private? Bird: It's public. Meridian City Council Meeting November 7, 2001 Page 21 Nichols: Councilwoman McCandless, Mayor, Members of Council. My understanding is it's on private property but I think it was an amenity that most likely would be available to the public. It would be like in the subdivision that I live in, in Nampa, has a pathway that goes along the Wilson drain. There are people that walk that that don't live in that subdivision but our homeowner's association maintains the landscaping along that including the asphalt path. There's no ticket taker out there to find out who's, you know who lives there and who doesn't. it's open to the public, but it's essentially a private pathway. I don't believe the City helped, the City had something to do with help getting it put in place but I don't believe they do any maintenance on it. McCandless: So, in this case it's not going to be spelled out? Nichols: Well, it's not the City's pathway, the same way that the Five Mile is. McCandless: Okay. I agree with Councilman Bird. I think we should go ahead with it, cooperate with - Bradbury: I guess I'd like maybe a little more help. I'm convinced that Steiner will pursue, will further pursue approval from Nampa Meridian, if that's what you ask them to do. The question, I guess it comes back to is this going to be open for public use? In which case the master pathway agreement applies, or not in which it doesn't apply. I think I'm hearing you say you think that this is intended to be open for public use in which case the master pathway agreement does apply. In which case it suggests that the City has a significant role in pursuing the approval from the irrigation district. Steiner can get the paperwork together, do the designs, and help with the submittals but I think we've got to have City involvement in actually making the requests and in helping to negotiate with the irrigation district. In other words, Steiner can be in the game, but J'm not sure that Steiner can be in it alone. It probably needs to be about a --. Jt's needs to be a cooperative effort between the 2 to pursue the thing. Bird: Steven, I think that is --. That was my feeling is yes, we will be cooperative but you bring up the plans and you get all the stuff together and then we cooperate and go in with you. You bet. As I recall, and Shari might can clear this up, but when that was passed and everything there was never anything said about that being a private pathway. I always assumed that it was going to be open for the public if they wanted to walk in there and walk. Stiles: As far as it being owned by the City, that was never the case. Bird: No. Stiles: Just by virtue of it being there, anybody is going to be walking on it. Meridian City Council Meeting November 7,2001 Page 22 Bird: We took it as being public. It wasn't just going to be big gated off and you had to come through a special, you had to be a member and had a key there - Bradbury: I think that's what Steiner thought too. Bird: I had always thought that it was. That's the way I took it even though we weren't going to own it. It was going to be open for the public. I thought that's the way it was passed. McCandless: Yes, I did too. Corrie: Well, as long as Steiner- Bradbury: I think it was. I think that- Bird: I think that was a condition that --. J think everybody was in agreement with th at. Bradbury: I don't think, the difficulty that that presented now is that since that condition was approved, you all have entered into an agreement with the irrigation district that suggests that now it's the City's responsibility to pursue those approvals. You read the agreement and it says, City is to do this and City is to do that and City is to do --, to the extent that you want Steiner to be involved and to prepare the documentation and to do that. That's fine but I think we need to have more than just instructions to Steiner to go on out there and get it done. I think the City has to take - Bird: I would be willing to participate but I don't think the City should have to draw up the site and put in all that kind of stuff. Steiner should get that all ready. Then, yes, we'll go to the district with you. Bradbury: Okay. Bird: That's my thinking. Bradbury: All right. I think we can do that. Nichols: I don't want to cut you off. Bradbury: No. I was going to move on to the okay, then part. So, if you have something more on that --. Nichols: Mr. Mayor, Members of the Council. I think we can also take the position that if it's not public pathway, then Steiner can jolly well put it in. which then says --. But rather than get into that kind of a fight with you why don't we work on doing it under the master pathway agreement which gives you a chance to Meridian City Council Meeting November 7,2001 Page 23 comment, look at your maintenance and so forth. Rather than the Council declare it open to public use, I think I'd ask you to reserve that judgment so that we can make the colorable argument that if it's not one it's the other. If it's the other, the unreasonable risk of safety issue is not even an issue. Bradbury: I hope you understand, and please don't take this as threat but just as an open - going in with eyes wide open. Is that if Steiner Development is taken court as a result of the condition imposed by the City, I suspect the City is going to be there with us. I don't know how else to do it. I don't know how else to be in a position where City says you shall build a path and either Steiner does or doesn't because the irrigation district says you can't. then Steiner makes a decision either builds it and sees if it gets sued or doesn't build it and sues the irrigation district in order to get the approval. I can't see how we can have that litigation without the City being in it. That's, again, I'm not suggesting it. I'm doing everything in the world I can to stay out of that battle. That's why we're here, to stay away from that battle. I fear that that's where we go. We're all going to be in that bucket together I'm afraid. That's kind of what I --. I just want to make sure everybody's understanding that the just go build it is probably not the best solution. Let me try it this way. Think about how you all would feel if you said to Steiner Development we don't want you to do X, whatever it is. Steiner Development says to heck with it, I'm going to go do it. I suspect it would be very irritating to you. She's remembering something and she's never forgotten when Steiner Development's representative Mr. Campbell did exactly that. Shari's been mad about that, how many years now? For as long as it's been. That's what I'm trying to avoid. I'm trying to not get into that situation. That's not the way Steiner Development wants to do business. We don't want to do it that way. Even though, from time to time in the past, Steiner Development has done things that it probably should not have done. Corrie: I have a question. If we do all this, we go to the Nampa Meridian Irrigation and they say okay you can build a pathway, who builds it? Do you build it? Bradbury: Right. Corrie: Okay. Bradbury: Yes. If Nampa Meridian will approve it, Steiner will build it. There's no question. Corrie: That's what I thought I was hearing but I - Bradbury: There's never been a question about that. Steiner doesn't have any problem with building it if it can get approved. Bird: Mr. Mayor. Also, Steiner would still own it. Meridian City Council Meeting November 7,2001 Page 24 Bradbury: Yes. Actually the homeowner's association will own it. Bird: The homeowner's association? Bradbury: That's right. I wanted to move on to my okay, then that being the case, can we have some assurance from the Council that building permits can be issued while we're working on this thing and certificates of occupancy can be issued? If the letter of credit expires, in the interim, we'll give you a new one if you need it. I expect you would want it. But, we sure would like to have assurance that under the circumstances we could continue to pull building permits. Actually, you know Steiner doesn't build houses. Steiner sells lots. Bird: Yes. Bradbury: Somebody else pulls the building permits. Then once, they build that house, some other person is being, you know an ultimate consumer is the one who's effected by the certificate of occupancy being held up. That just doesn't seem right. That seems like very harsh punishment. Bird: (inaudible). As long as you've got your letter of credit on, I have no problem with it. I don't know about the other Council People. Anderson: I'm fine with the issuance with building permits. I guess, what I'm hearing Bill say is that he just doesn't think the Council ought to take any action tonight specifically and give you some assurances that we will allow the building permits. But then to ask you to partner with the City, or the City partner with you, and try to broach this subject with the irrigation district and try to resolve it satisfactorily. I think is what I was kind of hearing. Nichols: Mr. Mayor, Members of Council. My opinion is that building permits ought to be issued as long as Steiner is making good faith effort to fulfill the condition of approval. The only condition of approval that hasn't been met at this point is the installation of the pathway. So, if they're working with the City, the City with them to try to get Nampa Meridian to approve the pathway, it's not just sat on anybody's back burner. But, we're working toward getting it done, they've posted the letter of credit, which is the financial surety. They ought to get their building permits and they ought to get their CO's as long as we're working toward it. I have every expectation that --. That doesn't mean, necessarily that we're saying to Steiner you have to take them to court and all the way to the supreme court in order to be pursuing it with due diligence. You've got to make a good faith effort given the circumstances here to continue working toward getting that done. Bird: And within a timely manner. Meridian City Council Meeting November 7, 2001 Page 25 Nichols: Yes, diligently. Like I say, it's not on a back burner. I have every expectation that that's what will happen. Bird: Do you agree with it? Corrie: I get a little nervous when I have 2 attorneys making agreements that way. I think I can live with that. Bird: I'm glad you said that. I didn't have to. Bradbury: Why would you feel that way, Mayor? Corrie: I was a little bit confused earlier when you said the attorneys don't like lawsuits. Bradbury: I should actually say that the best thing that ever happened to me would be if we had a gigantic lawsuit. That's just me. Corrie: Now (inaudible). Bird: Now we know that you're telling the truth. Corrie: Yes, we're comfortable now. I see nothing wrong with that either. I would agree to that. (inaudible discussion amongst Council) Corrie: I think the Council - Anderson: There's no action - Corrie: No action is being taken - Bird: No action but everybody is in agreement. Corrie: -- everybody is in agreement with that. Let the record show that. Bradbury: I appreciate again, you taking the time to address the issue. Corrie: Thank you" Bradbury: We'll get to work on this thing. Corrie: Okay. Thank you. Bird: Thank you Bill. Meridian City Council Meeting November 7,2001 Page 26 Corrie: Here's an armful of goodies. Bradbury: Mr. Mayor. Corrie: Yes? Bradbury: Mr. Arnold from Briggs Engineering. Apparently I had an issue you wanted to raise with you. Arnold: Mayor Corrie, Members of the Council. Steve Arnold, Briggs Engineering. Just one thing to address. I was 2 days away from having this pathway paved. Then it was kind of at the advice of Mr. Bradbury is you've done it once. You didn't get sued. This time you might want to be a little bit smarter about what you're doing and hold off on it. We can have the pathway, as soon as we get this issue resolved. I've got a guy that's waiting that can go out there and put it in within 2 days. The problem that we're going to be facing here within the next few weeks is batch plants are going to close. As they were speaking about due diligence going through and getting the issue resolved, there may be a lull that's 3 or 4 months before we can get in there and actually do the work once we get approval. I'm hoping that the letter of credit will suffice and that we can follow up on it. The other thought that I would like --. I've talked with Bill Henson directly and he's the one that's telling me, not just no but heck no. I've had verbal conversations with him. We've not sent a plan in --. I've got a plan set that shows where the pathway is to be built and how it is to be built. It's a matter --. I can get that into him tomorrow, but I think because I've been told so many times by the Nampa Meridian Irrigation District, no before I send something else to them I think I'd like something from the City, at least a letter of comment facilitating our efforts. Maybe, (inaudible) what happened at our meeting tonight discussing that you've directed us directly after hearing this to go work with Nampa Meridian. otherwise, they'll think not that I'm just an idiot, but I'm stupid too. Corrie: Bill, can you draft me a draft and put it on my em ail tomorrow? ['11 write the letter and sign it? Nichols: Mr. Mayor and Members of the Council. I would be pleased to ghost write a letter for you. I don't think ['II be able to have it done tomorrow. But what we could do is prepare a letter that's rather carefully worded that, --. I want to preserve Steiner's argument, that the same facts apply here as applied in that Finch Lateral case. I think what we can do is we can come up with some language for a letter from the Mayor that says, the City has directed Steiner to do X. without foreclosing the argument that was raised in that Washington Bank case. It will take some wordsmithing and not just, we told them to go ahead. So, I would like some time to work on the language for that letter. Corrie: Okay. Meridian City Council Meeting November 7, 2001 Page 27 Arnold: That's great (inaudible) what I need. Corrie: Ron suggested maybe we ought to have a meeting before we send them a letter. But, we could set it either way you want to do it. As long as I have the verbiage. If I have to go to a meeting with you, at least I'll know what to say. Anderson: That's what I meant. It seems to me like other than sending them a letter that may just further agitate the situation is maybe contact them and say, hey the City of Meridian and Steiner's representatives would like to set up a meeting with you to discuss this issue. Then go talk with them. The letter to me, seems like you're just going to make the situation worse before you ever get in there. Corrie: We could do it either way. Bird: Either way. Corrie: If you want to do it that way and take Bill. Nichols: Mr. Mayor, Members of the Council. What I had contemplated in mind was Steiner has already gotten 2 letters that said no. The irrigation district, I mean this pathway is on their radar screen. They know that it's there. They know that it's a condition of approval for this subdivision. Who knows what else they know about that part of it. What J had in mind was, the Jetter would essentially summarize some of the issues and indicate why Steiner is coming back with this or why Steiner is submitting the design for review. We can do that in terms of kind of going down through the language and saying we'd like to set up a meeting. I still think because they've already said no twice, there has to be something other than just lets arrange a meeting. It needs to be some kind of frame work. At least in my mind that's something that we could set up so that they understand that we're not just coming to the table begging but, that we've been doing some homework. Anderson: I would leave it in you guys' hands because you're the ones that are going to have to go to the meetings or whatever you think would start the process off on the best foot. I'll leave that to your judgment. Corrie: We've got both shots in there. Bradbury: If you'll allow, Bill and I ought to be able to work together because I have the same concerns he does. I want to make sure that we've postured this thing right so that we don't foreclose other options too. If we work together we ought to b e able to figure out some way to get the right kind of message across. I think you're right, Councilman that we probably need to try to get a face to face Meridian City Council Meeting November 7, 2001 Page 28 with those guys. Otherwise it's just paper flying back and forth. It's really easy just to say no. Anderson: At this point, after 2 letters it's like well what part of no didn't you understand? Bradbury: Exactly. Where we already feel like we are. (inaudible discussion amongst Council) Bird: I think Mayor and the attorneys can work it out. Corrie: Okay, Bill. Item 11. Canvassing the votes for the General and Special City Elections on November 6, 2001 : Corrie: Item No.1 O. we're going to canvassing the votes of the general and the special City election on November 6, 2001. Mr. Bird, if you've got all the boxes and that. Berg: Sure. Thank you Mr. Mayor, Members of the Council. You should have in your packet, the unofficial results. Bird: Yes. Berg: If you don't have those, we can make you a copy. Corrie: It's on my desk. Berg: Do you have one Bill? Bird: I think I have 2 here. Do you have one Mayor? Berg: Did you not look in your mailbox? Corrie: I have one in my desk. Bird: I think I might have 2 here. Berg: 1 can present to you the tally books and the poll books from the 4 precincts. I'll pull those out now and pass them down and you can examine them. Corrie: Which one do you want Keith, this one? Bird: I don't care. Meridian City Council Meeting November 7.2001 Page 29 Corrie: Okay. Anderson: I just want to know why you're the slowest guy to report? (inaudible discussion amongst Council) berg: Just kind of a little bit of information. We had 3,011 ballots cast which I think is the most in any City election so far. It's extremely low compared to the number of registered voters that we have. Bird: What is our registered voter count, Will? Berg: As of October 12, when they closed registration, we had 16,024 registered voters. Bird: We got 2900 to vote? Berg: Well, we had- Bird: 2982? Berg: We had 3,011 ballots cast. Now, what you're looking at is how many yes and no actual - Bird: Oh, okay. Berg: -- votes which means there were some ballots that were turned in with nothing marked on them. Anderson: I've got a question on that. If that's turned in with nothing marked, then you count that as a no vote on the mill levy? Does it cancel itself out? Berg: It is not counted at all. Bird: Yes but it's counted as a vote. Berg: No, it's not counted at all because --. I clarified this with Ben Usersa, today even. It's an intent to vote. A blank ballot is no intent to vote. So it's not counted as - Anderson: Either way? Berg: -- either a total or a no. it's not counted. That's why when Councilman Bird mentioned the 2992 as a total yes and no votes. That's where your percentage came off the yes. Actually it's more of a plus side on the yes votes. Meridian City Council Meeting November 7, 2001 Page 30 Bird: So, we probably had another 25 or 30 that picked up ballots but didn't vote? Berg: Correct. Bird: Stuck it in their pocket or something? Berg: Yes. They did not vote. They turned in a blank ballot that wasn't counted a yes or a no. it was counted as a ballot cast but no as a vote. Anderson: It was on 2 separate forms. They weren't on the same form. They were on separate pieces of paper. Berg: 2 ballots. Anderson: So. Those people just never turned back in their paper? Or did they turn it in -- Berg: Or they turned it in with a blank ballot. They didn't put an X on either spot. So, it was counted as a returned ballot but it wasn't counted as a vote. Thus it wasn't counted against the percentage that we needed. I don't want to say it was kind of a wasted ballot, but that's kind of what it was. Anderson: Can't you shoot them if they don't give you a ballot when they leave? Berg: We could probably get the trend of the old west and have some armed deputies at the entrance and exit and make sure they the right X in the right box. Corrie: This doesn't show how they voted. Anderson: What's wrong with this book? Corrie: Yes, what's wrong with this book, I don't know how they voted. Berg: Just another couple bits of information, -- Bird: This is sick. Berg: In April 2yth when we had our other mill levy election we had 13,907 registered voters. So, over those 6 months we had another 2,000, little over 2,000 that registered. Same day registration we registered 369, yesterday. In other words they came in. they weren't in the poll book. They registered to vote. It's really hard to try to figure out how many people are out there that could have voted but are not registered to get a percentage of what the feeling of the people is. It's probably not a real strong turn out. Never the less, it's not the worst turn out either. Meridian City Council Meeting November 7, 2001 Page 31 Bird; But, it's sickening when you open this page up and there's 26 names and 4 and 5 and even 1 voted off that whole page. (inaudible discussion amongst Council) Berg: There's another scenario too. Some of those people may have moved too and you don't know it until they re-register. Berg: Yes, but you can't tell me that 19 or 20 out of 26 people have moved. Berg: I'm not telling you that. I'm just saying that there's a possibility. Some could have deceased too. Bird: Yes. Berg: That's why they're trying to keep up current as far as if you don't vote for a couple of years, you may be taken off the poll book. 802 was the library. You're in - (inaudible discussion amongst Council) Bird: I have 800. I'm checking to see if you voted. (inaudible discussion amongst Council) Anderson: We were suppose to vote yesterday? Bird: You sound like some of the people (inaudible). What are you talking about? Berg: The other thing, we didn't have any declared write in candidates but we did get a few names written down. We didn't count them. Corrie: Does that spoil the whole ballot? Berg: No, you just don't count that portion of it. They could have voted for a candidate in one portion but the other one they wrote somebody's name. They just didn't get counted in that. (inaudible discussion amongst Council) Anderson: If they wrote in a name, that person had to file a write in candidacy, then that - Meridian City Council Meeting November 7,2001 Page 32 Berg: Correct. The idea behind that law change was to not count all the write in names. It was set up to the you need to declare to be a write in candidate so many days prior to the election. Then you would count those names. Bird: 803 is everything south of the freeway isn't it? Corrie: Yes. Berg: To be honest with you, they probably had a better percentage turn out than the precinct 801, which was here at City Hall, north and east of Meridian Road. (inaudible discussion amongst Council) berg: As far as just the type of people that voted, we did have a variety. There wasn't one stream of elderly or a stream of young. We had a very well mixed representation. McCandless: On these ballots, (inaudible). Berg: There's a theory of --. You order a percentage of registered voters, those ballots. Yes you throw them away in 2 years. Yes, you don't get the response and it's terrible. But, you don't want to run out of a ballot. You're hoping for a miracle. Anderson: What does an election like this cost to put on, with paying the polling people and the advertising? Berg: I can get those figures for you probably in about a week, after we pay the people. We budget about 4,000 but its kind of split between 2 budget years because I order supplies and things in September. Then I actually pay of the expenses in the (inaudible). (inaudible discussion amongst Council) Berg: But, for us it's about 4,000 or 4500. Anderson: (inaudible) total cost, advertising, printing and paying people? Berg: Yes. AIC did some surveys too, to determine that. McCandless: Here you are. Corrie: Is mine down there? McCandless: Yes. Meridian City Council Meeting November 7,2001 Page 33 Bird: Did he vote? McCandless: He voted. Berg: We can get that. A city like Twin Falls has - (inaudible discussion amongst Council) Bird: Good. I'm glad to hear that. Berg: It's very expensive. Corrie: No, I put 2 X's in there (inaudible). (inaudible discussion amongst Council) Berg: The reason the precincts are designed kind of geographically with ours, we also have to incorporate and not split up any county precincts. (inaudible discussion amongst Council) Bird: Well, when I called Will the first time, Ron Anderson, I think was there with the smart one, I can't remember. Charlie Rountree, one of the ex-Councilmen were there, wanted me to make sure he was getting the CHAOS okay. Was that you Ron? Anderson: No that wasn't me. McCandless: Yes, I heard that. Bird: Which one was that, Grant or somebody? McCandless: I can't remember though. Bird: Make sure to tell Will he's getting the CHADs counted right. McCandless: Then I got home last night it was about 11 :00, Tammy called me from Florida. Then she wanted your cell phone number. I says I don't have it. Bird: She got a hold of me. McCandless: Yes, I gave her the - Bird: 1 :00 I was talking to her. Anderson: She's down there in Florida, the election specialty state. Meridian City Council Meeting November 7,2001 Page 34 (inaudible discussion amongst Council) Anderson: Trying to count our ballots from down there. Corrie: Do we have any special forum that we need to say? Bird: Vote on or anything? Corrie: How do we do that? That the canvassing was done and the - Berg: I have the unofficial results. I guess you could approve that as the official. Corrie: As these right here? (inaudible discussion amongst Council) Bird: The last time we had to list the votes for each candidate, didn't we? Berg: When Gigray was here, we had some document that he created that we approved. Bird: Yes, Bill, -- Berg: That was the first time that we'd ever done that. I looked back in the records and we usually just approved the tally sheet that we printed up. Corrie: He's adding a lot of things and he's taking a lot of things off. So, I don't know where we are for sure. As far as this, we just need to approve the results of the City of Meridian general election on November 6, 2001 as stated in the unofficial list and hereby make it official? (inaudible discussion amongst Council) Corrie: Okay. Berg: The last yes and no one that we did it on. Bird: So moved to that motion. Corrie: Okay. Do I hear a second? Anderson: Second. Meridian City Council Meeting November 7. 2001 Page 35 Corrie: Okay. Motion made and seconded to officially approve the results of City of Meridian general election on November 6, 2001 as stated. All those in favor say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Mr. Clerk, you now have the official - (inaudible discussion amongst Council) Corrie: With that, I will entertain a motion to close at 8:00. McCandless: So moved. Bird: Second. Corrie: Motion made and second to close the meeting at 8:00. all those in favor say aye. MOTION CARRIED: THREE AYES, ONE ABSENT MEETING ADJOURNED AT 8:00 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: /2 / 4- / 01 DATE APPROVED ~.~~~ 9- WILLIAM G. BERG, JR., CI~ CLERK CITY OF MERIDIAN1 ADA COUNTY1 IDAHO RESOLUTION NO. 01-371 By Councilperson 12&11. fJnC/e.F J(:;yV A RESOLUTION OF THE CITY OF MERIDIAN1 IDAH01 AUTHORIZING THE MAYOR TO REPRESENT THE CITY OF MERIDIAN ON THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY (VIATRAN) AND AUTHORIZING THE PUBLIC WORKS DIRECTOR, GARY SMITH, TO BE A REGULAR MEMBER, AND BRAD HAWKINS-CLARK AND DAVID ZAREMBA SHALL BE APPOINTED AS ALTERNATES, OF THAT AUTHORITY ON BEHALF OF THE CITY OF MERIDIAN. BE IT RESOLVED BY the Mayor and the City Council of the City of Meridian, Idaho: SECTION 1. WHEREAS, the City of Meridian is a municipal corporation duly formed and existing within the State of Idaho; and WHEREAS, the City of Meridian under authority of Idaho Code ~40- 2106, provides that the City Council has the authority to appoint by Resolution members to the Regional Public Transportation Authority (Viatran) to serve at the will of the Council; and WHEREAS, the City of Meridian find that it is in the best interest of the City to participate in the Regional Public Transportation Authority (Viatran). Section 2: NOW THEREFORE based upon the above and foregoing findings BE IT RESOLVED by the City Council that it does hereby appoint Robert D. Corrie, Mayor of the City of Meridian, and Public Works Director, Gary Smith, to the Board of the Regional Public Transit Authority (Viatran), and Brad Hawkins- Clark and David Zaremba shall be appointed as alternates, of the Board of the Regional Public Transit Authority (Viatran). RRSOT .1 TTTON - 1 Section 3 - MISCELLANEOUS: All resolutions, orders, or parts thereof, in conflict herewith are hereby repealed, rescinded and annulled. Section 4: This resolution shall be in full force and effect from and after its passage. '7-10 ~SSED BY THE CITY COUNCIL of the City of Meridian this --= day of Yr?/r;/;.er ,2001. AP~OVED BY THE MAYOR of the City of Meridian this 2-I:A day of ,A vf?mhf!r, 2001. ~4/D.~~ Ma RESOLUTION - 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated municipality operating under the laws of the State of Idaho, with its principal office at 33 E. Idaho Ave., Meridian, Idaho. 2. That as the Clerk of this municipality, I am th.e custodian of is recor s and minutes and do hereby certify that on the 7~ day of otretn.-o ~ ,2001, the following action has been taken and authorized. A RESOLUTION OF THE CITY OF MERIDIAN, IDAHO, AUTHORIZING THE MAYOR TO REPRESENT THE CITY OF MERIDIAN ON THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY (VIATRAN) AND AUTHORIZING THE PUBLIC WORKS DIRECTOR, GARY SMITH, TO BE AN EX OFFICIO MEMBER, AND BRAD HA WIGNS-CLARK AND DAVID ZAREMBA SHALL BE APPOINTED AS ALTERNATES, OF THAT AUTHORITY ON BEHALF OF THE CITY OF MERIDIAN. BE IT RESOL YED BY the Mayor and the City Council of the City of Meridian, Idaho: SECTION 1. WHEREAS, the City of Meridian is a municipal corporation duly formed and existing within the State of Idaho; and WHEREAS, the City of Meridian under authority of Idaho Code s40-2106, provides that the City Council has the authority to appoint by Resolution members to the Regional Public Transportation Authority (Viatran) to serve at the will of the Council; and WHEREAS, the City of Meridian find that it is in the best interest of the City to participate in the Regional Public Transportation Authority (Viatran). CERTIFICATE OF CLERl(- 1 Section 2: NOW THEREFORE based upon the above and foregoing findings BE IT RESOLVED by the City Council that it does hereby appoint Robert D. Corrie, Mayor of the City of Meridian, and Public Works Director, Gary Smith, to the Board of the Regional Public Transit Authority (Viatran), and Brad Hawldns-Clark and David Zaremba shall be appointed as alternates, of the Board of the Regional Public Transit Authority (Viatran). Section 3 - MISCELLANEOUS: All resolutions, orders, or parts thereof, in conflict herewith are hereby repealed, rescinded and annulled. Section 4: This resolution shall be in full force and effect from and after its passage. IN WITNESS WHEREOF, I have hereunto subscribe my name and affixed the seal of the corporation on the 7ci day of Cf/eln.6-f/Lr 2001. (SEAL) Z:\Work\M\Meridian\Meridian I 5360M\Rcso]utions Cit)' Hall\200 I \TransVIATRANCertofClcrkl 0220 I.doc CERTIFICATE OF CLERI(- 2 l\)\~(;c\~~ FREE.~(~ "..~OEDD.ERpE~U,:S_-. O_F .....\r)1' ~ /"'\D,\ CWJHTY RECORDER J. ~:;tJ.~.tii~XfiWW fj ,ZOO I NO - 8 PH I: 39 I 0 I I I 7 6 5 I CITY OF MERIDIAN ORDINANCE NO. Ol--.!!./- f30 AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS BRIDGETOWER CROSSING SUBDIVISION THE LOCATION OF WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL DISTRICT (R-4) AND GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C-G); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERI( OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-OI-003) - 1 LEGAL DESCRIPTION FOR PHASE 2 ANNEXATION BRIDGETOWER CROSSING SUBDIVISION (R-4) A parcel of land located in Sections 25, 26, 35 and 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of the W 1/2 (South 1/4 corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00026'55" E 1566.64 feet along the east line of said W 1/2 to the REAL POINT OF BEGINNING of this description; Thence continuing N 00026'55" E 2067.95 feet along the east line of said W Ih to a point on the centerline of the White Drain; Along the centerline of the White Drain the following: Thence N 72059'50" W 203.38 feet to a point; Thence N 75041'16" W 176.89 feet to a point; Thence N 7S002'48" W 161.23 feet to a point; Thence N 7S056'15" W 148.03 feet to a point; Thence N 42037'42" W 130.04 feet to a point; Thence N 40018' 13" W 112.51 feet to a point; Thence N 40013'00" W 114.50 feet to a point; Leaving said centerline: Thence N 02046'51" E 741.38 feet to a point; Thence N 87013'09" W 133.08 feet to a point; ANNEXATION AND ZONING ORDINANCE (AZ-OI-003) - 2 Thence N 02046'51" E 473.58 feet to a point on the northerly right-of-way of McMillan Road; Along said northerly right-of-way: Thence S 88058'19" E 987.24 feet to a point; Thence S 89028'07" E 2650.34 feet to a point on the east right-of-way of Linder Road; Leaving said northerly right-of-way; Thence S 00015'17" W 1342.47 feet along said east right-of-way to a point; Thence N 89019'30" W 1340.02 feet to the southwest corner of the NE 1/4 of the NE lf4 of said Section 35; Thence S 00021'07" W 1314.10 feet to the southeast corner of the SW 1/4 of the NE 1/4; Thence S 00021 '10" W 1319.36 feet to the southeast corner of the NW 1/4 of the SE 1/4; Thence S 89012'38" E 165.53 feet to a point on the north line of the SE 1/4 of the SE 1/4; Thence S 00026'55" W 677.86 feet to a point; Thence N 89033'05" W 69.15 feet to a point; Thence N 75005'55" W 501.97 feet to a point; Thence N 48051 '22" W 23.06 feet to a point; Thence N 50025'12" W 784.17 feet to a point; Thence N 26024'21" W 65.90 feet to a point; Thence N 00026'55" E 21.92 feet to a point; Thence N 39022'16" W 282.38 feet to a point; ANNEXATION AND ZONING ORDINANCE (AZ-OI-003) - 3 Thence N 89013'05" W 93.37 feet to the REAL POINT OF BEGINNING of this description, said parcel comprising 204.42 acres, more or less. LEGAL DESCRIPTION FOR ANNEXATION BRIDGETOWER CROSSING SUBDIVISION (R-4) Parcels ofland located in Section 35, the NE 1/4 of Section 34, the SE 1/4 of Section 27, and the SW 1/4 of Section 26, Township 4 North, Range 1 West; and the NE 1/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: PARCEL 1 A parcel of land located in the SE 1/4 of Section 35, Township 4 North, Range 1 West; and the NE 1/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwest corner of the SE 1/4 (South 1/4 corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence S 89014'22" E 660.60 feet along the south line of said SE 1/4 to a point on the existing Meridian City Limits boundary, the REAL POINT OF BEGINNING of this description; Along the existing Meridian City Limits boundary the following: Thence N 00045'38" E 65.00 feet to a point; Thence N 31000'00" W 154.95 feet to a point; Thence N 53000'00" W 110.00 feet to a point; Thence 3]000'00" E 50.00 feet to a point; Thence S 53000'00" E 102.00 feet to a point; Thence N 37000'00" E 100.84 feet to a point; Thence N 29000'00" E 173.61 feet to a point; ANNEXATION AND ZONING ORDINANCE (AZ-Ol-003) - 4 Thence N 35000'00" E 140.55 feet to a point; Thence N 2S017'47" E 204.78 feet to a point; Leaving the existing Meridian City Limits boundary; Thence S 48051 '22" E 23.06 feet to a point; Thence S 7S005'55" E 501.97 feet to a point; Thence S 89033'05" E 69.15 feet to a point; Thence S 00026'55" W 666.38 feet to a point on the south right-of-way of Ustick Road; Thence N 89014'22" W 824.53 feet along said south right-of-way to a point on the existing Meridian City Limits boundary; Thence N 00045'38" E 25.00 feet along the existing Meridian City Limits boundary to the REAL POINT OF BEGINNING of this description, said parcel comprising 13.12 acres, more or less. PARCEL II A parcel of land located in the W 1f2 of Section 35, the SWI/4 of Section 26, the SE 1/4 of Section 27, and the NE 1f4 of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of the W 1f2 (South 1f4 corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00026'55" E 1566.64 feet along the east line of said W Yz to a point on the existing Meridian City Limits boundary, the REAL POINT OF BEGINNING of this description; Along the existing Meridian City Limits boundary the following: Thence N 89013'05" W 182.95 feet to a point; Thence S 00026'55" W 237.28 feet to a point; ANNEXATION AND ZONING ORDINANCE (AZ-OI-003) - 5 Thence S 88000'00" W 16.57 feet to a point of curvature; Thence along a curve to the right 20.69 feet, said curve having a radius of 20.00 feet, a delta angle of 59015'59", tangents of 11.38 feet, and a long chord bearing N 62022'01" W 19.78 feet to a point; Thence N 89013'05" W 52.47 feet to a point; Thence S 10050'08" E 30.61 feet to a point; Thence N 89013'09" W 394.74 feet to a point; Leaving the existing Meridian City Limits boundary; Thence N 00033'35" E 1332.93 feet to a point on the south line of the NW l/4 of said Section 35; Thence N 89010'54" W 1992.21 feet along said south line to a point on the west right- of-way of Ten Mile Road; Along said west right-of-way: Thence N 00053'19" E 2631.15 feet to a point on the north line of the NE 1/4 of Section 34, Township 4 North, Range 1 West, Boise Meridian; Thence N 00021'49" E 848.00 feet to a point; Leaving said west right-of-way; Thence S 88058' 19" E 880.00 feet to a point; Thence S 00021 '49" W 873.00 feet to a point on the south right-of-way of McMillan Road; Thence S 88058' 19" E 446.27 feet along said south right-of-way to a point; Thence S 00040'08" W 1027.74 feet to a point; Thence S 73015'55" E 356.10 feet to a point; ANNEXATION AND ZONING ORDINANCE (AZ-Ol- 003) - 6 Thence S 42032'55" E 86.96 feet to a point; Thence N 02046'51" E 18.66 feet to a point on the centerline of the White Drain; Along said centerline the following: Thence S 40013'00" E 114.50 feet to a point; Thence S 40018'13" E 112.51 feet to a point; Thence S 42037'42" E 130.04 feet to a point; Thence S 75056'15" E 148.03 feet to a point; Thence S 75002'48" E 161.23 feet to a point; Thence S 7S041'16" E 176.89 feet to a point; Thence S 72059'50" E 203.38 feet to a point on the east line of the W Ih of said Section 35; Leaving said centerline: Thence S 00026'55" W 2067.95 feet along said east line to the REAL POINT OF BEGINNING of this description, said parcel comprising 153.88 acres, more or less. Combined area Parcels I and II comprises 167.00 acres, more or less LEGAL DESCRIPTION FOR C-G ZONE ANNEXATION BRIDGETOWER CROSSING SUBDIVISION A parcel of land located in the NW Jf4 of Section 35, the NE 1/4 of Section 34, the SE 1/4 of Section 27, and the SW Jf4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: ANNEXATION AND ZONING ORDINANCE (AZ-OI-003) - 7 Commencing at the northwest corner of the NW 1/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 88058' 19" W 25.00 feet to a point on the west right-of-way of Ten Mile Road, the REAL POINT OF BEGINNING of this description; Thence N 00021'49" E 848.00 feet along said west right-of-way to a point; Thence S 88058'19" E 880.00 feet to a point; Thence S 00021'49" W 848.00 feet to a point on the north line of the NW ]/4 of said Section 35; Thence N 88058'19" W 115.28 feet along said north line to a point; Thence S 01000'00" W 513.43 feet to a point; Thence N 88058'19" W 320.68 feet to a point; Thence S 00053'19" W 156.05 feet to a point; Thence N 89006'41" W 443.04 feet to a point on the west right-of-way ofTen Mile Road; Thence N 00053'19" E 670.56 feet along said west right-of-way to the REAL POINT OF BEGINNING of this description, said parcel comprising 27.73 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Low Density Residential District (R-4) and General Retail and Service Commercial District (C-G). SECTION 4: That the City Engineer is hereby directed to alter all use ANNEXATION AND ZONING ORDINANCE (AZ-OI-003) - 8 and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the ~ day of Oc tonr: ( , ~, and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code s63-2215 and S50-223. ANNEXATION AND ZONING ORDINANCE (AZ-OI-003) - 9 PASMD BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7fi:: day of '&ve!r'P"~) 2001. APPROVED BY THE .J\AAYOR OF THE CITY OF MERIDIAN, IDAHO, this 71!L day of A.lrPv.tnv/2,,2001. - ATTEST: .JI~'~ ~~I9= CITY CLERK (I STATE OF IDAHO,) ss. County of Ada. !/t~:AJ, ~ On this~day of !Jo()eMhrr- ,2001, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., IG1oWl1 to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the ~;X,an~t};~";,,r first above written. }....;.)?<\~;u~~Q S;;""" l ..... ....0 ..0.... :;. " l * ! ","OTA.I?.r \~ \. (SEAL) 5 i -.- : '* :: "(/l: \. -PODL\C j j SING AT: IJI/er/(/JaA \d};;~"........e"ooo~C ~...l MY COMMISSION EXPIRES:~ """""~' 0 F n),~,,""" Z;\Work\M\Meridian\Meri~JtI"'~oOM\Bridgetower Crossing AZO 1-003 PPO 1-005 CUPO 1-006\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-OI-003) - 10 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 01-,9;'0 passed by the City Council of the City of Meridian, on the 71L day of Ak(/em~ I 2001, is a true and correct copy of the original of said document which is in the care, custody and cont~9 e City Clerk of the City of Meridian. ; ss. ~dL:. p~ {2 WILLIAM G. BERG, JR. . County of Ada, On this ~ day of NOvH.,,"~r , in the year 2001, before me, ..J.~i~ l. :'SIIA;-\-!- , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed tl:~"W~ll.~.~:~ behalf of the City of Meridian. ,~;.-:.~"\ c.~":QQ~~J/;;"QQQ {* {":~.'::,"Y:, (SEAL) \ \. PUBLiC l j \,,:~~;:Qe~,"o,,~Q~o~~~<o..l "'''~bllll~f~P~' ~,::~~......", Z:\Work\M\Meridian\Meridian 15360M\Bridgelower Crossing AZ01-003 PP01-005 CUP01-006\CerlificalionOfClerkOrd.doc CERTIFICA nON OF THE CITY CLERK OF THE CITY OF MERIDIAN - (AZ-99-005) u..~ Oz ~~ ~:M f;1 E ~ ~ ""'iii'''' GH N'tfI11IWOW M I~~;~~;;~~~~~~; ~-~t']"'''la)r-.Q)(D~::~~;! ,~Z.Z66 ~ M..~,OL6BN .LZ'gpl> 3.6~,B9.BBS ~! ~~ f'" ~i ! ;j~ ~N g g ('t)ITj ~ ~ ~ ij ~ ~ ~~N ~ ~ ~ 9 ij3~ g ~ ; ~ !~. ~12 !:i15~~ ~ ~ ~ !;~; 8 ~ g o~ ~~lli ~~ f6 ~ ~ Cl a:: w :E z W I- Z ff ,00'OBe 3.6~.gg.Bes z~ <( ~'" i5::l~ ffi ii ~~i ~~ffi _ ui::l: ()~ ~ '? o ~ LLl () Z <( z is a:: o ~ ~ ~ (!) LLZ i~1 D.m ~ ~ Cl a:: ffi ~ :::::i ZO'OP&~ MoO&.6 ~.6I'/N HI I~~~~~~~~~i~:~~ ~"'NM.~iOI"'-CI3Ct:l~::~~::! ,P&"OS9Z 3.1.0,I'/Z.69S I JtI I.U I.U I.U I.U I.U (:) (:) g N a, ~ ~ ~ ~ in Z i i~;~~~;~;~~~~ I.U 5't"""NC")-..rU')<O......(tJCJ)~-::~ M o ~ ~ W o Z <( z is a:::: o z Z~ if <C~'" ~ i5:J~ ~. ffi i~ ~ ~~~ ~ ~~~ w ~~~ en 018 ~ ~ OJ ~ ~ ~ ~ z ('t)Q ~~~ om -z~ ~ ~ ~ ~ ~~ o~':ffi~~ z ~ ~ ~~~ ~ 5 ~ :s m~ Zffi ~ ~~ffi ~~ 0 _uP. ~ ~ W 018 08 en ~~ ~ ~~ ~ ~ ~ .00"eV9 M.6MZ.OOS w 0) g ; ~ <D N ,OO'9V9 3..6MZ.00N l"- N ADA COUNTY RECORDER J. q~~!Q }~AV~R~O !J-.rh1b ["",<, 'Oi\nl) . !J{ \ 2001 NO -8 Pf1 I: 39 R~-~frr fEJ1toEP~~ 101117649 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and BEAR CREEK L.L.c., pertaining to the street lights in Bear Creek Subdivision, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. BEAR CREEK L.L.c. has provided g street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Bear Creek Subdivision in Meridian, Idaho. The parties acknowledge that the g street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. BEAR CREEK L.L.C. or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that BEAR CREEK L.L.C., or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the g street lights located in Bear Creek Subdivision in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that BEAR CREEK L.L.C. will assign its rights and obligations hereunder to Bear Creek Subdivision Homeowner's Association when said Homeowners Association is formed and operational. BEAR CREEK SUBDIVISION STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on 13r??Vt Ct..e..e,L/ L. L_ e.. its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this 7 -13- day of ;<.ib Ye In. ~ ,20~. CITY OF MERIDIAN, a municipality and Political subdivision of the State ofIdaho By ATTEST: Robert D. Corrie, Mayor ~\\lH.tI.t!Ht!Jtl!tln;>VTld 61 a;' t'o",,",cd /1-7-01 ,/~~ ~::~~;\ .' ._....0 )-z-" .'_' ;:: ~ 'i.() '\ :: ).;:Elus ~ ~""'Q cf' .~ \. 70~~..'@ ;F "(.;4 7' l).""" ".y. '. 'f)\'",.$~< <i~'{;.j~:f~:'t ~ \~\'\ i\{t.l.;J>;':Mt~'I'-W;' BEAR CREEK L.L.C. ATTEST: s~07 STATE OF IDAHO, ) : ss. BEAR CREEK SUBDIVISION STREET LIGHT AGREEMENT Page 2 County of Ada, On this rday of Iv ,,~t."'-bt., , 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fIrst above written. ~",,~~ ~I~~';,....",,#. ......r;:\' ......ArF.)> ~"" I"," .....? \. ! ~OTA-R-.r;, ~ i * i --- : * S ~ "))UB\"\C J i \. fP ..... ... ....0 I "" .r.-<J l' ....... t--~v.... "."..., :e 0 P \\J ~~.." .'."""111" SEAL STATE OF ,) : ss. County of ,) .;!U ()<//:; I/O? On this.J4 day of () c..A-, , 20l2l, before me, the undersigned, a Notary Public in and for said State, personally appeared G'rf;} -:::fa h n Son ~ and /"';' p,.,..,..\-h -:3 < fA 'I Jo- known to me to be the anaging Member and Secretary of BEAR C1rnEK L.L.C. who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fIrst above written. ..........~' ~I~~.~~,'",... SE I~~~..........~Q.;..\ ^1 ~.' 01A.R:p- \ -;. ~ i ~ _e- i ~ ~ \:-k \. PU?/v\.v.lo j '. > J>1>...........~ ~+,$' -17'S of \:./:' 6ffit':A Q '''' & Ct\ ~ NOT Y PUBLIC FO IPAHO RESIDING AT ~~ ,0 fA--.-. =z:-n MY COMMISSION E IRES ~ I~ q /,-)ClO)...... " BEAR CREEK SUBDIVISION STREET LIGHT AGREEMENT Page 3 November 2, 2001 MERIDIAN CITY COUNCIL MEETING APPUCANT November 7, 2001 If( II ITEM NO. REQU EST Canvassing the results of the general and special election AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: v~ -yO oJff Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. HUB OF TREASURE VALLEY MAYOR Robert D. Corrie A Good Place to Live CITY OF MERIDIAN CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless 33 EAST IDAHO MERIDlAN, IDAHO 83642 (208) 888-4433' Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 . Fax 288.2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-221 I . Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 . Fax 888-6854 4,-27-0 ( I;; 907 Unofficial Results from the City of Meridian General Election* 1(J-/2-&1 12P7;Jltt~q 4D~~Nove~3~1-001 ~436 2204- /6;02-1- gal/on ('asl- (05" 564- /2-10 ;~2- 3elll Precinct #800 #801 ~o~ ~a112e9j.r!J-l5clr;;" 17 6 3 For COUNCIL MEMBER SEAT #2 - Four Year Term #802 161 Glenn R. Bentley 175 123 305 William uBill" L.M. Nary 290 228 471 Shaun Wardle 206 179 361 For COUNCIL MEMBER SEAT #4 - Four Year Term Ronald Keith Bird 331 249 598 John Prior 130 97 163 Melissa Wood 189 178 338 d!;;tL~ #803 66 Total J69 117 720 214 1203 163 909 260 1438 83 473 132 837 *Unofficial tallies until the City Council canvases the vote on November 7, 2001 City Council meeting. MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Li ve CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 CITY COUNClL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless Unofficial Results from the City of Meridian Special Election * On November 6, 2001 Precinct #800 #801 #802 Yes .... 400 345 695 No .... 304 217 502 Total Per Cent of "Yes" Votes Cast 58.06 % JtzLft~~ . William G. Berg, Jr. - ty lerk LEGAL DEPARTMENT (208) 288-2499 . Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-22 [I . Fa)( 887.1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 . Fax 888.6854 #803 Total 297 1737 232 1255 2992 * Unofficial tallies until the City Council canvases the vote on November 7, 2001 City Council meeting. CITY OF MERIDIAN GENERAL &' SPECIAL ELECTIONS PRECINCTS &' POLLING LDCA nONS ELECTION DA r: TUESDA r: NOVEMBER 6, 2001 8:00 A:M TO. 8:00 PM I C;l j I :1 , ~' J USTlCK ROAD I a I I I ~I SII I 61 .. __ __ ._ ~R.! ~N~ ~ __ d FAIRVlEW A VENUE ,:,!:' I ~ I ! PRECINCT #800 I ~ I PREqlNCT #801i AMERIC~N LEGION ;HALL ~I MERIDIAN CITY jHALL 22 ~ ~ROADWAYl -< JJ ~ IDAHO AVENUE : I If7?ANKUN R""'i I ! ! ! : : INTERstATE 84 : -'-A'~n:!!!~TE 84~ ;_...._~-::o~~-- ~~~... ---1:~ ~' ~i ~; ~: ~i ~ PRECINCT #803 ~[ ~ ~ ~ 1 ~ u: ~: e5 LOCUST GROVE GRtNGE ~r ~[ ~~ ~r ~j ~ 1201 E. Vl,CTORY R@D ~l.; ~i ~ ~ l::![ ....t . ~t _ ~; j VICTORY ROAD ....t j r McMILLAN ROAD PRECINC #802 I MERIDIAN LIBRARY J 1326 !tv. CHERRY LANE I % NOTE:: TO BE EliGIBLE TO K)TE' YOU MUST BE A RES/DDlT OF OF THE CITY OF AlERIDIAN BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR FRANKLIN MINI STORAGE AND ONE OFFICE/COMMERCIAL PAD IN PROPOSED C-G ZONE, LOCATED AT 1975 E. FRANKLIN ROAD, MERIDIAN, IDAHO RON OSBORNE, APPLICANT C/C 09-18-01 Revised 11/02/01 Case No. CUP-OI-024 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on September 18,2001, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant Ron Osborne, and appearing and testifying on behalf of the Applicant was Kent Brown, and appearing and testifying with comments or concerns was Scott Beechman, and no one peared in opposition, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to"wit: FINDINGS OF FACT I. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 18, 200 I, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (3001) of the external boundaries of the property under consideration more than fifteen (I5) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the September 18, 200 I, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 and ll-I7- 5 as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a C"G zone and by reason of the provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 1975 E. Franklin Road, Meridian, Idaho. 5. The owner of record of the subject property is Ron and Carla Osborne of Meridian, Idaho. 6. Applicant is Ron Osborne of Meridian, Idaho. 7. The subject property is currently zoned RUT. However, there is an application before the City Council for annexation and zoning to C-G. The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for development of a storage unit and one office/commercial pad. The C"G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses inclduing those required FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8- 1) . 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. II. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary . 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: I. Fencing: The proposed barbed wire fence located along the property line shall be removed or relocated. The Landscape Ordinance prohibits the use of chainlink or cyclone fencing in the required landscape buffer. 2. All perimeter landscaping shall be installed prior to receiving occupancy for the first phase of the development. Landscaping shall be installed as submitted on the landscape plan. 3. The ten-foot-wide pathway located adjacent to the Five Mile Creek shall be bonded for or installed prior to occupancy. Location of the pathway shall be coordinated with the Parks Department to ensure connectivity with the rest of the pathway. 4. The dimensions of the monument sign as detailed on the submitted site are in conformance with the sign ordinance. A sign permit for proposed sign the shall be secured from the City prior to installation. 5. A copy of the performance specifications of the irrigation system shall be submitted to the City when the applicant applies for a certificate of zoning compliance. 6. There are no trash enclosures depicted on the site plan. If any trash enclosures are built within the project, they shall comply with the guidelines of SSC and the Meridian City Code. 7. Applicant shall specifically state hours of operation for all uses within the facility. Twenty-four-hour operation shall be prohibited. 8. If parcel # 1 is used for outside storage, it shall be improved with a hard surface (asphalt), landscaped, and fully surrounded by a six-foot-high, sight-obscuring fence, outside of landscape buffers. 9. Any modifications to the site plan, including any future development on Lots 1 and 2, shall require approval as a planned development under the conditional use process. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 10. Sanitary sewer service to this site is shown on the site plan as connecting to an existing 12"inch sewer main in Franklin Road; however there is no sewer in Franklin Road in the location shown. The current location of the City's sewer is approximately 250 feet east of Locust Grove Road. The applicant shall be responsible to construct the sewer mains to and through this proposed development. Project designer to coordinate main sizing and routing with the Public Works Department. 11. Water service to this site shall be via extensions from an existing main in Franklin Road. Applicant shall be responsible to construct the water mains to and through this proposed development. Project designer to coordinate main sizing and routing with the Public Works Department. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. 12. Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 13. Paving and striping shall be in accordance with the standards set forth in Sections II-I3-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans vvith Disabilities Act (ADA) requirements. 14. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557,10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 15. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 16. All construction shall conform to the requirements of the Americans with Disabilities Act (ADA). The existing structure shall be brought into compliance with all Uniform Codes and ADA. 17. Trash enclosures shall meet the requirements of the Sanitary Service Company's guidelines for location and size. 18. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. 19. All signage in the proposed project shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 20. Provide five-foot-wide detached sidewalks in accordance with City Ordinance Section 12-5-2.K. 21. Underground, year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. Adopt the Recommendations of the Ada County Highway District as follows: 22. Dedicate 48 -feet of right-of-way from the centerline of Franklin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 23. Provide a $6,600 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5"foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 330-feet) prior to issuance of a building permit. or District approval of a final plat, whichever occurs first. 24. The proposed driveway located approximately 135-feet west of the east property line is approved with this application, should this site develop prior to driveway plans being submitted for the Sparrowhawk Subdivision on the north side of Franklin Road. Otherwise, the driveway shall align or offset a minimum of 1 85"feet from any driveways within the Sparrowhawk Subdivision. 25. Pave the driveway its full width of 30 to 35-feet and at least 30-feet into the site beyond the edge of pavement of Franklin Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 26. Only one driveway is approved vvith this application. Any existing driveway(s) shall be closed using benning, landscaping, curbing, or other method approved by the District. 27. Locate any proposed gated entry a minimum of 50-feet from the new Franldin Road right-of-way. Coordinate the location of any proposed gated entry with District staff. 28. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 29. Any existing irrigation facilities should be relocated outside of the right- of"way. 30. Other than the access point specifically approved with this application (as noted on the submitted site plan), direct lot or parcel access to Franldin Road is prohibited. 31. Applicant shall also comply with all the ACHD's Standard Requirements listed within their June 22 ,2001 letter. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 Adopt the Recommendations of Southwest District Health Dept. as follows: 32. The Applicanfs central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 33. Run-off is not to create a mosquito breeding problem. 34. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 35. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Meridian Fire Department as follows: 36. That a fire-flow of 2,500 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 4500 apart at approved locations. 1997 UFC Appendix HI-A 37. Operational fire hydrants and approved access roads are required before combustible construction begins. UFC 901.4.2 & 901.3 38. An approved temporary turn-around is required for any dead-ends over 1500 that are created by the Phasing Plan. 39. All turning radii shall be a minimum of 280 inside and & 480 outside. UFC 902.2.2.3 40. A secondary access point will be required for the project. UFC 902.2.1 41. A security gate, if provided, shall be provided with an approved switch to override the gate. The switch shall be in an approved lock box. UFC 902.4 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 42. Combustible vegetation shall be removed at all times from Phase II of the project. UFC1103.2,4 43. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 44. All Buildings shall comply with the 1997 Uniform Building Code. 45. lA - No building closer than 90 ft. From the south property line. 46. IB - Maximum building height of building no. 15 (southern most building on modified site plan) of fourteen feet in the rear and twenty feet in the front. 47. IC _ Landscape berm of a minimum of 5 feet high against backside of the most southerly building and to be completed prior to occupancy of Phase II. 48. ID - Internal landscape island planter/buffer of 20 x 180 ft., inside of required landscape buffers. At the south end of Phase I to be temporary bushes and vines that can be removed when a building permit is issued for the buildings in Phase II. 49. IE - Six foot planter on the west end of all east-west oriented internal buildings. 50. IIA _ The west elevations on the interior buildings, shall include a minimum of a three-foot high decorative masonry block wainscot. 51. lIB " Corner treatments shall include a minimum of an 18" square decorative block column rising from the top of the wainscot to the eave. 52. IIC - Building/roof transitions shall include either a "hipped" roof or a change in material building material and color at the gable ends. 53. lID - Roof pitch shall be a minimum as submitted of 1.5/12 on all interior buildings of Phase 1. Roof pitch shall be a minimum of 3/12 on Phase II. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 54. IlIA - Perimeter fencing to be rail fencing. 55. IlIB ~ If necessary, security fencing shall be restricted to black, vinyVplastic coated chain link. Barbed wire shall be strictly prohibited. 56. IV A - No outdoor storage allowed. 57. IVB - Lighting shall be restricted to indirect downward lighting. No free"standing or independent light standards shall be permitted. 58. IVC - Hours of admittance shall not exceed the timeframe from 7 AM to 10 PM. No admittance after 10 PM or before 7 AM shall be allowed. 59. IVD - Landscaping, irrigation and fencing for the entire project shall be put in at the time of construction of Phase I. 60. IVF " Colors shall be earth tone. Woodbridge Community LLC shall have the ability to review and comment on building material and color selections prior to start of construction. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 61. All laterals and waste ways shall be protected and all municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the District shall review drainage plans. The developer shall comply with Idaho Code S 31-3805. 62. If the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, then developer shall coordinate with the Water Superintendent for the District concerning the installation of the pressure system. 63. Fill and return the questionnaire to initiate the process of contractual agreements owner/developer and the District. Additionally, the Applicant shall comply with the following requirements by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 action of the City Council at their September 18, 2001, meeting as follows: 64. Applicant shall extend, at the northwest portion of the property, the Five Mile Creek pathway by connecting it to the Woodbridge Subdivision, and such pathway shall be asphalt. 65. Perimeter landscaping for the project shall be completed with Phase I except for the landscaping immediately west of and adjacent to the Osborne parcel. All landscaping shall be in accordance \vith City ordinance and approved plans. With the construction of a solid wall of buildings on the eastern boundary and there shall be a planting strip beyond that, which would be in accordance with city ordinance. 66. Penna bark shall be allowed on the east side of the property behind the back of the building. 67. Three-rail vinyl fencing shall be installed on the perimeter of the entire property. Black vinyVplastic coated chain link fence shall be installed 30 feet east of the westerly property boundary. Landscaping shall be installed per the approved landscape plan to be submitted as part of the building permit application. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Mixed/Planned Use Development". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975Jl hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.c. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code 9 11-17 ~ 3) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious \vlth and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in the General Retail And Service Commercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code 9 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code 9 1Iw17w6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21,1993, Ord. 629, January 4,1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for development of a storage unit and one office/commercial pad in a C~G zone located at 1975 E. Franldin Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: I. Fencing: The proposed barbed wire fence located along the property line shall be removed or relocated. The Landscape Ordinance prohibits the use of chainlink or cyclone fencing in the required landscape buffer. 2. All perimeter landscaping shall be installed prior to receiving occupancy for the first phase of the development. Landscaping shall be installed as submitted on the landscape plan. 3. The ten-footwwide pathway located adjacent to the Five Mile Creek shall be bonded for or installed prior to occupancy. Location of the pathway shall be coordinated with the Parks Department to ensure connectivity with the rest of the pathway. 4. The dimensions of the monument sign as detailed on the submitted site are in conformance with the sign ordinance. A sign permit for proposed sign the shall be secured from the City prior to installation. 5. A copy of the performance specifications of the irrigation system shall be submitted to the City when the applicant applies for a certificate of zoning compliance. 6. There are no trash enclosures depicted on the site plan. If any trash enclosures are built within the project, they shall comply with the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 guidelines of SSC and the Meridian City Code. 7. Applicant shall specifically state hours of operation for all uses within the facility. Twenty-four-hour operation shall be prohibited. 8. If parcel # 1 is used for outside storage, it shall be improved with a hard surface (asphalt), landscaped, and fully surrounded by a six-foot-high, sight- obscuring fence, outside of landscape buffers. 9. Any modifications to the site plan, including any future development on Lots 1 and 2, shall require approval as a planned developnl.ent under the conditional use process. 10. Sani tary sewer service to this site is shown on the site plan as connecting to an existing 12-inch sewer main in Franklin Road; however there is no sewer in Franklin Road in the location shown. The current location of the City's sewer is approximately 250 feet east of Locust Grove Road. The applicant shall be responsible to construct the sewer mains to and through this proposed development. Project designer to coordinate main sizing and routing with the Public Works Department. 11. Water service to this site shall be via extensions from an existing main in Franldin Road. Applicant shall be responsible to construct the water mains to and through this proposed development. Project designer to coordinate main sizing and routing with the Public Works Department. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. I 2. Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 13.Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 14,A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10~1~91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 15. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section II-13-4.C. 16.All construction shall conform to the requirements of the Americans with Disabilities Act (ADA). The existing structure shall be brought into compliance with all Uniform Codes and ADA. 17. Trash enclosures shall meet the requirements of the Sanitary Service Company's guidelines for location and size. 18.Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. 19.All signage in the proposed project shall be in accordance with the standards set forth in Section 11 ~ 14 of the City of Meridian Zoning and Developm.ent Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 20.Provide five-foot-wide detached sidewalks in accordance with City Ordinance Section 12-5-2.K. 21. Underground, yearwround pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. Adopt the Recommendations of the Ada County Highway District as follows: 22.Dedicate 48 -feet of right-of-way from the centerline of Franklin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 23.Provide a $6,600 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 330"feet) prior to issuance of a building permit. or District approval of a final plat, whichever occurs first. 24.The proposed driveway located approximately 135-feet west of the east property line is approved 'with this application, should this site develop prior to driveway plans being submitted for the Sparrowhawk Subdivision on the north side of Franklin Road. Otherwise, the driveway shall align or offset a minimum of 1 85-feet from any driveways within the Sparrowhawk Subdivision. 25.Pave the driveway its full width of 30 to 35-feet and at least 30-feet into the site beyond the edge of pavement of Franklin Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 26. Only one driveway is approved with this application. Any existing driveway(s) shall be closed using benning, landscaping, curbing, or other method approved by the District. 27.Locate any proposed gated entry a minimum of 50-feet from the new Franklin Road right-of-way. Coordinate the location of any proposed gated entry with District staff. 28.Utility street cuts in pavement less than five years old are not allowed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 unless approved in writing by the District. 29.Any existing irrigation facilities should be relocated outside of the right-of- way. 30. Other than the access point specifically approved with this application (as noted on the submitted site plan), direct lot or parcel access to Franklin Road is prohibited. 31.Applicant shall also comply with all the ACHD's Standard Requirements listed within their June 22 ,200 I letter. Adopt the Recommendations of Southwest District Health Dept. as follows: 32. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 33. Run"off is not to create a mosquito breeding problem. 34. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 35. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Meridian Fire Department as follows: 36. That a fire-flow of 2,500 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 4500 apart at approved locations. 1997 UFC Appendix HI-A 37. Operational fire hydrants and approved access roads are required before combustible construction begins. UFC 901.4.2 & 901.3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 38. An approved temporalY turn-around is required for any dead-ends over 1500 that are created by the Phasing Plan. 39. All turning radii shall be a minimum of 280 inside and & 480 outside. UFC 902.2.2.3 40. A secondary access point will be required for the project. UFC 902.2.1 41. A securi ty gate, if provided, shall be provided with an approved switch to override the gate. The switch shall be in an approved lock box. UFC 902.4 42. Combustible vegetation shall be removed at all times from Phase II of the project. UFCII03.2.4 43. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 44. All Buildings shall comply with the 1997 Uniform Building Code. 45. lA - No building closer than 90 ft. From the south property line. 46. IB - Ma,'Ximum building height of building no. 15 (southern most building on modified site plan) of fourteen feet in the rear and twenty feet in the front. 47. IC - Landscape berm of a minimum of 5 feet high against backside of the most southerly building and to be completed prior to occupancy of Phase II. 48. ID _ Internal landscape island planter/buffer of 20 x 180 ft., inside of required landscape buffers. At the south end of Phase I to be temporary bushes and vines that can be removed when a building is issued for the buildings in Phase II. 49. IE - Six foot planter on the west end of all east-west oriented internal buildings. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 50. IIA ~ The west elevations on the interior buildings, shall include a minimum of a three-foot high decorative masonry block wainscot. 51. lIB - Corner treatments shall include a minimum of an 1811 square decorative block column rising from the top of the wainscot to the eave. 52. IIC - Building/roof transitions shall include either a "hipped" roof or a change in material building material and color at the gable ends. 53. lID - Roof pitch shall be a minimum as submitted of 1.5/12 on all interior buildings of Phase 1. Roof pitch shall be a minimum of 3/12 on Phase II. 54. IlIA - Perimeter fencing to be rail fencing. 55. IIIB - If necessary, security fencing shall be restricted to black, vinyVplastic coated chain link Barbed wire shall be strictly prohibited. 56. IVA - No outdoor storage allowed. 57. IVB - Lighting shall be restricted to indirect downward lighting. No free~standing or independent light standards shall be permitted. 58. IVC - Hours of admittance shall not exceed the timeframe from 7 AM to 10 PM. No admittance after 10 PM or before 7 AM shall be allowed. 59. IVD - Landscaping, irrigation and fencing for the entire project shall be put in at the time of construction of Phase 1. 60. IVF _ Colors shall be earth tone. Woodbridge Community LLC shall have the ability to review and comment on building material and color selections prior to start of construction. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 61. All laterals and waste ways shall be protected and all municipal surface drainage shall be retained on site. If any surface drainage leaves the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 23 site, the District shall review drainage plans. The developer shall comply with Idaho Code 9 31"3805. 62. If the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, then developer shall coordinate with the Water Superintendent for the District concerning the installation of the pressure system. 63. Fill and return the questionnaire to initiate the process of contractual agreements O\~ner/developer and the District. Additionally, the Applicant shall comply with the following requirements by action of the City Council at their September 18, 2001, meeting as follows: 64. Applicant shall extend, at the northwest portion of the property, the Five Mile Creek pathway by connecting it to the Woodbridge Subdivision, and such pathway shall be asphalt. 65. Perimeter landscaping for the project shall be completed vvith Phase I except for the landscaping immediately west of and adjacent to the Osborne parcel. All landscaping shall be in accordance with City ordinance and approved plans. With the construction of a solid wall of buildings on the eastern boundary and there shall be a planting strip beyond that, which would be in accordance with city ordinance. 66. Penna bark shall be allowed on the east side of the property behind the back of the building. 67. Three-rail vinyl fencing shall be installed on the perimeter of the entire property. Black vinyVplastic coated chain link fence shall be installed 30 feet east of the westerly property boundary. Landscaping shall be installed per the approved landscape plan to be submitted as part of the building permit application. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 24 shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 967-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of ;tIOvel?Y~ 2001. ROLL CALL: 7~ COUNCILMAN RON ANDERSON VOTED ~tA..- COUNCILMAN KEITH BIRD VOTED ~ar COUNCILWOMAN TAMMY deWEERD VOTED mJ.-t~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 25 COUNCILWOMAN CHERIE McCANDLESS VOTED ~tL...- IvIAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: /(-7-{!)( MOTION: ;;()"\ APPROVED:~ DISAPPROVED:_ Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. Z:\ W or k\M\1Vlerid i an\Merid ian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 26 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09/18/0 I Revised 11-02-01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR FRANKLIN MINI STORAGE AND ONE OFFICE/COMMERCIAL PAD IN PROPOSED C-G ZONE, LOCATED AT 1975 E. FRANKLIN ROAD, MERIDIAN, IDAHO Case No. CUP-OI-024 ORDER GRANTING CONDITIONAL USE PERMIT RON OSBORNE, APPLICANT 1. This matter coming before the City Council on the 18th day of September, 2001, under the provisions of Meridian City Code 9 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for development of a storage unit and one office/commercial pad in a C-G zone located at 1975 E. Franldin Road, Meridian, Idaho, subject to the following conditions of use ORDER CONDITIONAL USE PERMIT (CUP-01-024) - I and development: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 1. Fencing: The proposed barbed wire fence located along the property line shall be removed or relocated. The Landscape Ordinance prohibits the use of chainlink or cyclone fencing in the required landscape buffer. 2. All perimeter landscaping shall be installed prior to receiving occupancy for the first phase of the development. Landscaping shall be installed as submitted on the landscape plan. 3. The ten-foot-wide pathway located adjacent to the Five Mile Creek shall be bonded for or installed prior to occupancy. Location of the pathway shall be coordinated with the Parks Department to ensure connectivity with the rest of the pathway. 4. The dimensions of the monument sign as detailed on the submitted site are in conformance with the sign ordinance. A sign permit for proposed sign the shall be secured from the City prior to installation. 5. A copy of the performance specifications of the irrigation system shall be submitted to the City when the applicant applies for a certificate of zoning compliance. 6. There are no trash enclosures depicted on the site plan. If any trash enclosures are built within the project, they shall comply with the guidelines of SSC and the Meridian City Code. 7. Applicant shall specifically state hours of operation for all uses within the facility. Twenty-four-hour operation shall be prohibited. 8. If parcel # 1 is used for outside storage, it shall be improved with a hard surface (asphalt), landscaped, and fully surrounded by a six-foot-high, sight-obscuring fence, outside of landscape buffers. 9. Any modifications to the site plan, including any future development on Lots 1 and 2, shall require approval as a planned development under the ORDER CONDITIONAL USE PERMIT (CUP-OI-024) -2 conditional use process. 10. Sanitary sewer service to this site is shown on the site plan as connecting to an existing 12-inch sewer main in Franklin Road; however there is no sewer in Franldin Road in the location shovvn. The current location of the City's sewer is approximately 250 feet east of Locust Grove Road. The applicant shall be responsible to construct the sewer mains to and through this proposed development. Project designer to coordinate main sizing and routing with the Public Works Department. 11. Water service to this site shall be via extensions from an existing main in Franldin Road. Applicant shall be responsible to construct the water mains to and through this proposed development. Project designer to coordinate main sizing and routing with the Public Works Department. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. 12. Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 13. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13A.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 14. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parldng areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources ORDER CONDITIONAL USE PERMIT (CUP-O 1-024) - 3 regarding Shallow Injection Wells. 15. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 16. All construction shall conform to the requirements of the Americans with Disabilities Act (ADA). The existing structure shall be brought into compliance with all Uniform Codes and ADA. 17. Trash enclosures shall meet the requirements of the Sanitary Service Company's guidelines for location and size. 18. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. 19. All signage in the proposed project shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 20. Provide five-foot-wide detached sidewalks in accordance vvith City Ordinance Section 12-5-2.K. 21. Underground, year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. Adopt the Recommendations of the Ada County Highway District as follows: 22. Dedicate 48 -feet of right-of-way from the centerline of Franldin Road abutting the parcel by means of recordation of a final subdivision plat or ORDER CONDITIONAL USE PERMIT (CUP-OI-024) -4 execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 23. Provide a $6,600 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Franldin Road abutting the parcel (approximately 330-feet) prior to issuance of a building permit. or District approval of a final plat, whichever occurs first. 24. The proposed driveway located approximately 135-feet west of the east property line is approved with this application, should this site develop prior to driveway plans being submitted for the Sparrowhawk Subdivision on the north side of Franldin Road. Otherwise, the driveway shall align or offset a minimum of 1 85-feet from any driveways within the Sparrowhawk Subdivision. 25. Pave the driveway its full width of 30 to 35-feet and at least 30-feet into the site beyond the edge of pavement of Franklin Road and install pavement tapers with I5-foot radii abutting the existing roadway edge. 26. Only one driveway is approved with this application. Any existing driveway(s) shall be closed using berming, landscaping, curbing, or other method approved by the District. 27. Locate any proposed gated entry a minimum of 50~feet from the new Franldin Road right-of-way. Coordinate the location of any proposed gated entry with District staff. 28. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 29. Any existing irrigation facilities should be relocated outside of the right- of-way. 30. Other than the access point specifically approved with this application (as noted on the submitted site plan), direct lot or parcel access to Franldin Road is prohibited. 31. Applicant shall also comply with all the ACHD's Standard Requirements listed within their June 22 ,2001 letter. ORDER CONDITIONAL USE PERMIT (CUP-OI-024) - 5 Adopt the Recommendations of Southwest District Health Dept. as follows: 32. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 33. Run-off is not to create a mosquito breeding problem. 34. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 35. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Meridian Fire Department as follows: 36. That a fire-flow of 2,500 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 4500 apart at approved locations. 1997 UFC Appendix HI-A 37. Operational fire hydrants and approved access roads are required before combustible construction begins. UFC 901.4.2 & 901.3 38. An approved temporary turn-around is required for any dead-ends over 1500 that are created by the Phasing Plan. 39. All turning radii shall be a minimum of 280 inside and & 480 outside. UFC 902.2.2.3 40. A secondary access point will be required for the project. UFC 902.2.1 41. A security gate, if provided, shall be provided with an approved switch to override the gate. The switch shall be in an approved lock box. UFC 902.4 ORDER CONDITIONAL USE PERMIT (CUP-OI-024) - 6 42. Combustible vegetation shall be removed at all times from Phase II of the project. UFCII03.2.4 43. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 44. All Buildings shall comply with the 1997 Uniform Building Code. 45. lA - No building closer than 90 ft. From the south property line. 46. IB - Maximum building height of building no. 15 (southern most building on modified site plan) of fourteen feet in the rear and twenty feet in the front. 47. IC - Landscape berm of a minimum of 5 feet high against backside of the most southerly building and to be completed prior to occupancy of Phase II. 48. ID - Internal landscape island planter/buffer of 20 x 180 ft., inside of required landscape buffers. At the south end of Phase I to be temporary bushes and vines that can be removed when a building permit is issued for the buildings in Phase II. 49. IE - Six foot planter on the west end of all east-west oriented internal buildings. 50. IIA - The west elevations on the interior buildings, shall include a minimum of a three-foot high decorative masonry block wainscot. 51. lIB - Corner treatments shall include a minimum of an 1811 square decorative block column rising from the top of the wainscot to the eave. 52. IIC - Building/roof transitions shall include either a "hipped" roof or a change in material building material and color at the gable ends. 53. lID - Roof pitch shall be a ITtinimum as submitted of 1.5/12 on all interior buildings of Phase 1. Roof pitch shall be a minimum of 3/12 on Phase II. ORDER CONDITIONAL USE PERMIT (CUP-O 1-024) - 7 54. IlIA - Perimeter fencing to be rail fencing. 55. IIIB - If necessary, security fencing shall be restricted to black, vinyVplastic coated chain link. Barbed wire shall be strictly prohibited. 56. IVA - No outdoor storage allowed. 57. IVB - Lighting shall be restricted to indirect downward lighting. No free-standing or independent light standards shall be permitted. 58. IVe - Hours of admittance shall not exceed the timeframe from 7 AM to 10 PM. No admittance after 10 PM or before 7AM shall be allowed. 59. IVD - Landscaping, irrigation and fencing for the entire project shall be put in at the time of construction of Phase 1. 60. IVF - Colors shall be earth tone. Woodbridge Community LLC shall have the ability to review and comment on building material and color selections prior to start of construction. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 61. All laterals and waste ways shall be protected and all municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the District shall review drainage plans. The developer shall comply with Idaho Code ~ 31-3805. 62. If the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, then developer shall coordinate with the Water Superintendent for the District concerning the installation of the pressure system. 63. Fill and return the questionnaire to initiate the process of contractual agreements owner/developer and the District. Additionally, the Applicant shall comply with the following requirements by action of the City Council at their September 18, 2001, meeting as follows: ORDER CONDITIONAL USE PERMIT (CUP-OI-024) - 8 64. Applicant shall extend, at the northwest portion of the property, the Five Mile Creek pathway by connecting it to the Woodbridge Subdivision, and such pathway shall be asphalt. 65. Perimeter landscaping for the project shall be completed with Phase I except for the landscaping immediately west of and adjacent to the Osborne parcel. All landscaping shall be in accordance with City ordinance and approved plans. With the construction of a solid wall of buildings on the eastern boundary and there shall be a planting strip beyond that, which would be in accordance with city ordinance. 66. Penna bark shall be allowed on the east side of the property behind the back of the building. 67. Three-rail vinyl fencing shall be installed on the perimeter of the entire property. Black vinyl/plastic coated chain link fence shall be installed 30 feet east of the westerly property boundary. Landscaping shall be installed per the approved landscape plan to be submitted as part of the building permit application. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code 9 11-17-8, a copy of which is attached to this permit. ORDER CONDITIONAL USE PERMIT (CUP-OI-024) -9 By action of the City Council at its regular meeting held on the 7~ day of Mt-"e In~ ,2001. Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ByJb~jJ~1 (j City Clerk Z:\Work\M\Meridian\Meridian I 5360M\Franklin Mini Storage AZO 1-0 II ORDER CONDITIONAL USE PERMIT (CUP-O 1-024) - 10 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A NEW DRIVE~ TI-lItOUGH WINDOW FORAN EXISTING MOXIE JAVA COFFEE SHOP IN A C-G ZONE LOCATED AT THE FRED MEYER SHOPPING CENTER ON FARIVEW AVENUE, MERIDIAN, IDAHO A VEST LIMITED PARTNERSHIP C/O DAKOTA COMPANY DEVELOPMENT APPLICANT. C/C 10-16-01 Case No. CUP-OI-026 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on October 2, 2001 and continued until October 16, 2001, at the hour of 6:30 p.m., at Meridian City HaU, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Larry Durkin, and appearing and testifying with comments/concerns or in opposition were: Police Chief Richard M. Worley, Josh Vanderbloug, and Jonathan Scott, and the City Council having duly considered the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING CONDITIONAL USE PERMIT AVEST LIJVllTED PARTNERSHIP ClO DAKOT/\ COMPANY! MOXIE JAVA! (CUP-Ol-026) - 1 evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following denial of the Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 2, 2001 and continued until October 16, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the October 2, 2001 and continued until October 16, 2001, public hearing; and the applicant, affected property ovvners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING CONDITIONAL USE PERMIT A VEST LIMITED PARTNERSHIP CIO DAKOTA COMPANY I MOXIE JAVA I (CUP.Ol.026) - 2 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code s67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The property is located at the Fred Meyer Shopping Center on Fairview Avenue, Meridian, Idaho. 4. The owner of record of the subject property is Avest Limited Partnership, Boise, Idaho. 5. Applicant is owner of record. 6. The subject property is currently zoned C-G. The zoning district of C~G is defined within the City of Meridian Zoning and Development Ordinance, Section 11- 7-2. 7. The proposed application requests a conditional use permit for an additional drive-through window for an existing coffee shop. The C~G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 8. The Meridian City Council recognizes that the proposed application is in compliance .with the Meridian Comprehensive Plan. 9. The use proposed within the subject application will in fact, constitute a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING CONDITIONAL USE PERMIT A VEST LIMITED PARTNERSHIP Cia DAKOTA COMPANY I MOXIE JAVA I (CUP-OI-026) - 3 conditional use as determined by City Ordinance. 9. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles II and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 10. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 1 0.1 The subject property is designated on the "Generalized Land Use Map" as "Mixed/Planned Use Development". 11 < The use proposed within the subject application will be hazardous and will be disturbing to existing or future neighboring uses. 12. The use proposed within the subject application will be served adequately by centr~d public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 13. The use proposed within the subject application will involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to persons, property or the general welfare by reason of excessive production of traffic, but no excessive noise, smoke, fumes, glare or odors. 14. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING CONDITIONAL USE PERMIT A VEST LIMITED PARTNERSHIP C/O DAKOTA COMPANY I MOXIE JAVA I (CUP-OI-026) - 4 15. The proposed use, along with the existing heavy traffic in the general area, would add to the traffic concerns and public safety. 16. The proposed use would be incompatible with the existing businesses. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.c. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67- 6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, tvleridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING CONDITIONAL USE PERMIT A VEST LIMITED PARTNERSHIP C/O DAKOTA COMPANY I MOXIE JAVA I (CUP-OI-026) - 5 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17-3) a. Will, in fact, constitute a conditional use as determined by City policy; b. vVill be harmonious vvith and in accordance with the Comprehensive Plan and this Ordinance; c. \iVill be designed, constructed, operated and maintained to be hamlonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. \iVill not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. \rVill not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general \velfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. \t\Till have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and i. \iVill not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in a General Retail and Service Commercial District (C-G), a public hearing shall be conducted with notice to be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING CONDITIONAL USE PERMIT AVEST LIMITED PARTNERSHIP ClO DAKOTA COMPANY I MOXIE JAVA I (CUP-OI-026) - 6 published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter IS of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING CONDITIONAL USE PERMIT AvEST LIMITED PARTNERSHIP CIO DAKOTA COMPANY I MOXIE JAVA I (CUP-OI-026) - 7 D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is denied a conditional use permit specifically due to the fact that the proposed use, along with the existing heavy traffic in the general area, would add to the traffic concerns and public safety, and would be an incompatible use. 2. That the City Attorney draft an Order of Denial of Application for Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING CONDITIONAL USE PERMIT A VEST LIMITED PARTNERSHIP ClO DAKOTA COMPANY / MOXIE JAVA / (CUP-OI-026) - 8 Zoning Department, the Public Works Department and any affected party requesting notice. 3. In order to obtain approval of the requested drive through, the applicant will have to propose a different design that will eliminate the potentially hazardous intersection vvith the existing drive through lane that serves the TCBY business on the west end of the building. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which lllay be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 7-f!1- day of ;(/& V~ InM'L--, 2001. ROLL CALL: COUNCILMAN RON ANDERSON VOTED tf-e Iv COUNCILMAN KEITH BIRD VOTED ;{lay., VOTED IlIosv COUNCILWOMAN TAJ\1l\1Y deWEERD FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING CONDITIONAL USE PERlvlIT AVEST LIMITED PARTNERSHIP C/O DAKOTA COMPANY I MOXIE JAVA I (CUP-OI-026) - 9 COUNCILWOMAN CHERIE McCANDLESS VOTED* MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED-==- DATED: //- 7-0/ MOTION: ~ APPROVED:~.. DISAPPROVED:_ Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. BY~ jb~ ,~ lty Clerk ' Dated: Z:\Work\MIMeridian\Meridian 15360M\Moxie Java CUP01-026 DeniallCUPdENJALFindings01026.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING CONDITIONAL USE PERMIT A VEST LIMITED PARTNERSHIP CIO DAKOTA COMPANY I MOXIE JAVA I (CUP-OJ -026) - 10 BEFORE THE MERIDIAN CITY COUNCIL C/C 10/16/01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A NEW DRIVE-THROUGH WINDOW FORAN EXISTING MOXIE JAVA COFFEE SHOP LOCATED IN A C~G ZONE LOCATED AT THE FRED MEYER SHOPPING CENTER ON FAIRVIEW AVENUE, MERIDIAN, IDAHO CUP-OI-026 ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY: AVEST LIMITED PARTNERSHIP C/O DAKOTA COMPANY APPLICANT. The above entitled conditional use permit application having come before the City Council on October 2, 2001 and continued until the 16th day of October, 2001, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:30 o'clock. p.m., and the Council having received the record of this matter from the Planning and Zoning Commission including the Planning and Zoning Commission's Recommendation to City Council, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Larry Durldn, and appearing and testifying with comments/concerns or in opposition were: Police Chief Richard M. Worley, Josh Vanderbloug, and ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY AVEST, LLP - MOXIE JAVA/ (CUP-OI-026) - 1 Jonathan Scott, and the Council having duly considered the matter makes the following Findings of Fact and Conclusions of Law and Decision and Order. FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629 - January 4, 1994 and Maps. 2. 5taffhas complied with the requirements of r.c. s 67-6509 and 67- 6512 and 88 11-2-416 E and 11-2-418 E. ORDER OF DENIAL OF APPLICATION NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF PACT AND CONCLUSIONS OP LAW, AND GOOD CAUSE APPEARlNG, the above named applicant is denied a conditional use permit specifically due to the fact that the proposed use, along with the existing heavy traffic in the general area, would add to the traffic concerns and public safety, and would be an incompatible use. This application is therefore denied. The City Council of the City of Meridian hereby adopts and approves this Decision and Order of Denial. ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY AVEST, LLP - MOXIE JAVA/ (CUP-OI-026) - 2 . -;~ Dated thIS ~ day of ;{/; Ve huO.ei- , 2001. DECISION OF DENIAL ROLL CALL: COUNCILMAN ANDERSON VOTED~CZ- COUNCILMAN BUill VOTED 1Va:J- VOTED fJ6u~ COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 11-7-0( VOTED_ MOTION: ~ APPROVED' ____ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By:JI~~&-?-9 City Clerk f Dated: \\N P A NTS40 POOSER YER Z\ W ork\M\Meridian\Meridian 153 6DM\Moxie Java curD 1-026 Den i a i\FFCLO~d CUP Den i aID ID26.doc ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY AVEST, LLP - MOXIE JAVA/ (CUpwOlw026) - 3 page 1 ot 1 Will Berg From: TdeWeercl@aol.com Sent: Monday, November 05, 2001 2:44 AM To: bergw@cLmeridian.id.us Subject: City Council Meeting - Nov. 7 NOVembL(-;,lCO, l-tem NO- 3- r-: NOV 5 To: Mayor Corrie & City Council Members, Subj: Moxie Java drive through request. Agenda Item 3.f I wanted to ask the City Council to delay acting on agenda item 3F untill can be there to be a part of the discussion. As you all know, the applicant has asked for reconsideration. The Council has worked to avoid reconsiderations of any kind, however, I believe that action on this CUP was premature. I would like to discuss this and the options we have to limit the presentation and discussion to two basic items: an actual proposal to turn the drive to the east; and elaborate on a condition the attorney suggested to pull the CUP if the drive through is deemed hazardous. This is private property and a permitted use. While I feel strongly that safety comes first and we should not approve an alternative proposal without seeing it, I do believe as strongly in property rights, consistency, and a fair hearing without having to refile and pay new fees to see a second option. Thank you in advance for your consideration. 11/5/2001 November 2, 2001 MERIDIAN CITY COUNCIL MEETING November 7,2001 APPLICANT Agreement ITEM NO. 3 -}-\ REQUEST Mutual Aid Agreement - Between US Bureau of Land Mngmnl. USDA Forest Service-Boise Nalional Forest, Idaho Dept of Lands, Ada County EMS, Boise Fire Dept, Caldwell Are Dept, Eagle Fire District, Kuna Are Districl Middleton Fire District, N. Ada County Fire/Rescue District, Star Fire District, Whitney Fire District, Meridian Fire/Rural District AGENCY See attached Agreement CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS ,. rr(J \r() V' Y OU\,~ Contacted: Date: Phone: MaterIals presented at public meetIngs shall become property of the CIty of MeridIan, Meridian Fire Department 540 E. Franklin Road Meridian, 1083642 208-888-1234 Fax 208-895-0390 Mem To: From: Mayor Robert Corrie, City Council, City Clerk Will Berg, Rural Fire Commissioners Chief Ken W. Bowers m. 1 0/31/01 Date: Re: Mutual Aid Agreement This Mutual Aid Agreement is through Ada City' County Emergency Management, which Doug Hardman is in charge of. Doug needed an Agreement to be able to work with and get added resources in the event of a wildland fire in Ada County. This Agreement needs to be renewed every five (5) years. Both City and Rural Legal Departments have checked this over and have no problem with the wording. We would like to have the City Council approve this with the Mayor to sign and the clerk to attest. If you have any questions, please contact me. Ken W. Bowers, Chief Meridian Fire Department . Page 1 FS # 0 l-MU-ll 040215-079 MUTUAL AID AGREEMENT PARTICIPATING PARTIES This agreement is made and entered into this ~ day of October 2001 by and between the US Bureau of Land Management, USDA Forest Service-Boise National Forest, Idaho Department of Lands, Ada County Emergency Medical Services, Boise Fire Department, Caldwell Fire Department, Eagle Fire District, Kuna Fire District, Meridian City Fire/Rural District, Middleton Fire District, North Ada County Fire and Rescue District, Star Fire District, and Whitney Fire District. PURPOSE It is possible that an incident could occur within the boundaries of any of the parties which would be of such magnitude that it would require more personnel, skills, and/or equipment than any individual party could reasonably provide; and The parties have determined that it is in the best interest of each of the parties and the citizens whom they serve to provide for additional personnel, equipment and supplies in the event of an incident which requires more personnel and/or equipment than an individual party could reasonably provide; and It is desirable that resources and facilities of the federal government, state government, local fire districts and departments, and other public agencies, be made available to prevent and combat wildfires; and It is necessary and desirable that an appropriate agreement be executed for the interchange of such mutual aid. AUTHORlTIES This Mutual Aid Agreement is authorized under: Cooperative Fire Protection Agreement, R.4#27-CA-96-011, 3/29/96. Idaho State Code, Chapter 10, Section 46-1014. Cooperative Forestry Assistance Act of 1978 (16 USC 2101 (note)). Reciprocal Fire Protection Act of 1955 (42 USC 1856). Public Law 94-148 (16 USC 565a-1-3). Taylor Grazing Act of1934 (43 USC 315). Federal Land Policy & Management Act of 1976 (43 USC 1701). Granger-Thye Act of 1950 (16 USC 572). Section 501, Economy Act of 1932 (31 USC 586) as amended. Idaho State Disaster Preparedness Act, Section 46-1001. Idaho Forestry Act, Title 38-Chapter 1 (Idaho Code). Ada County Local Emergency Planning Committee (LEPC). Mutual Aid Agreement 10/15/2001 Page 1 FS # Ol-MU-l1040215-079 DURATION AND MODlFICA TION The term of this Agreement shall commence on the date the last party signs below and shall remain in effect for five (5) years from that date. A review of this Agreement will be conducted every five years for appropriateness and modified or renewed for a period of not more than five (5) years from the date the last party signs the modification or renewal. However, any party to this agreement may withdraw from it at any time by giving thirty (30) days written notice to the other parties. Amendments or modifications to this agreement may be made upon written agreement of all parties. .AREAS OF AGREEMENT 1. The parties to this agreement shall develop an operating plan known as a Ada County Wildfire Contingency Plan providing for the effective mobilization and utilization of its resources to manage wildfires. Such plan shall list the resources and services that can be made available by the parties to this agreement and shall indicate the method and manner by which such resources and services can be utilized by the other parties. 2. Each party to this agreement agrees to furnish those resources and services to the other party(s) as necessary to assist in preventing and combating wildfires in accordance with the adopted Ada County Wildfire Contingency Plan. 3. It is understood that unless the Ada County Wildfire Contingency Plan dictates otherwise all services and/or resources provided under the terms of this Mutual Aid Agreement are furnished and/or supplied voluntarily and at the discretion of the furnishing agency. The furnishing agency shall have the primary interest of protecting the welfare of its own constituency and does not assume any responsibility or liabilities in not providing resources and/or services to other parties of this agreement. 4. It is understood that the agreements entered into here and the corresponding Ada County Wildfire Contingency Plan shall not supplant pre-existing mutual aid agreements nor deny the right of any party to negotiate supplemental mutual aid agreements. 5. Mutual aid extended pursuant to this agreement shall be furnished in accordance with the provisions of Title 46, Chapter 10, Section 46-1014; Title 31, Chapter 14, Sections 31-1430, 31-1430A; as well as other provisions oflaw. 6. The parties hereby agree to bear any and all costs and liabilities arising from their obligations under this agreement to the extent they are legally obligated to do so pursuant to the Federal Tort Claims Act, 28 U.S.C. 267, et seq., or applicable State law. 7. The Requesting Party shall first call the party nearest to the wildfire incident unless the specified resources of a more distant party are required. The Responding Party will furnish personnel and equipment as requested and as available, and/or impose a mileage limitation from the Responding Party's District Boundary. Mutual Aid Agreement 10/15/2001 Page 2 FS # 0 l-MU-ll 040215.079 8. It shall be the responsibility of the Requesting Party to release the resources loaned by the Responding Party in a timely manner so as to ensure that the resources loaned by the Responding Party are not needlessly detained. If appropriate, a time limitation as to number of hours spent on any wildfire incident may be imposed. 9. The qualifications of fire suppression personnel, minimum requirements for personal protective equipment, and fire suppression equipment performance standards will be identified in an Ada County Wildfire Contingency Plan by the parties to this agreement in accordance with their respective standards. The Fire Chief of the Responding Party will send only those personnel that meet the identified qualifications, requirements, and standards. 10. Except as otherwise specified, the Requesting Party shall not be liable for any compensation to the Responding Party for the loan of any equipment or personneL 11. Parties to this Agreement are not obligated to make expenditures of funds or reimbursements of expenditures under terms of this Agreement unless such funds are appropriated for that purpose by the Congress of the United States of America, by the State ofIdaho, by the County of Ada, by the Gity of Boise, the City of Caldwell, the City of Meridian and the Governing Board of Fire Commissioners, and/or by the Governing Board of Fire Commissioners of Eagle, Kuna, Middleton Board of Fire Commissioners, Meridian, North Ada County, Star, and Whitney Fire Districts. 12. The Ada County Wildfire Contingency Plan will be prepared and used to define (and update) specific operating procedures prior to each fire season. DEFINITIONS RESPONDING PARTY: Any party to this Agreement who has been requested by another party to this Agreement to furnish, loan, and dispatch resources such as equipment and personnel under the terms of this Agreement. In no event shall any liability be imposed or attached to a Responding Party for failure to furnish any resource. If the parties respond independently (without request), all elements of this Agreement are assmned to be in effect. REQUESTING PARTY: Any party to this Agreement who has a wildfire incident within the boundaries of its district or corporate limits, and such wildfire incident requires more resources than said party can reasonably provide itself and said party requests of another party to this Agreement to furnish, loan, and dispatch additional resources to aid said party. GROSS NEGLIGENCE: An extreme departure from the course of action to be expected of a reasonably prudent person, all circumstances being considered, and accompanied by a reckless, deliberate, or wanton disregard for the foreseeable consequences of the act. Mutual Aid Agreement 10/15/2001 Page 3 FS # 01-MU-II040215-079 IN WITNESS WHEREOF, the parties hereto have executed this Mutual Aid Agreement. Meridian City Fire Mayor, City of Meridian Date: Meridian Rural Fire District Meridian Fire Commission Chairman Date: Mutual Aid Agreement 10/15/2001 Page 8 November 2,2001 MERIDIAN CITY COUNCIL MEETING APPLICANT November 7, 2001 ITEM NO. 3-K REQUEST Sanitary Sewer and Water Easement Agreement with Sf. Luke's Regional Medical Center, LTD for Touchmark Living Center Proiect AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SmLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached vj/ tv9ffD Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. NOV SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ..J1Z day of ~ 2001 between ST. LUKES REGIONAL MEDICAL CENTER LTD. , the parties of the first part, and hereinafter called the Grantors, and the City of Me lid ian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitmy sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessaty to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitmy sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the sole and limited purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee~ it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there after the date of this easement which is in violation of this easement. Sanitary Sewer and Water Main Easement sewerwaterease# l.doc Page I 090 1- THE GRANTORS hereby covenant and agree that after the date of this easement they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. resident ST A TE OF IDAHO ) ) ss County of Ada ) On this 7tJIh day of tJc# /;?r , 2001, before me, the undersigned, a Notmy Public in and for said State, personally appeared Gary Fletcher , known or identified to me to be the ExecutiveVice-President, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. Residing at ~0 Commission Expires: ~ . /7 :2tJtl Y Sanitary Sewer and Water Main Easement sewerwaterease# l.doc Page 2 090 I - GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Sanitary Sewer and Water Main Easement sewerwaterease# I.doc Page 3 090 1- Exhibit" A" City of Meridian Sanitary Sewer and Water Easement Commencing at the Northwest corner of Section 16, T.3N., R.I E., B.M., thence Soo30' 52"E 1331.39 feet along the West line of said Section 16 to a point; Thence S89035'25"E 1011.32 feet to the Southeast corner of Montvue Park Subdivision; Thence N0020' 17"W 2.21 feet along the east line of Montvue Park Subdivision to a point on the North line of the South Yz of the NW Y4 of said section 16; Thence S89026' II "E 344.09 feet along said north line to the Real Point of Beginning of this description; Thence S89026' II"E 32.19 feet to a point; Thence S06050'24"W 30.18 feet to a point; Thence S89026' 11"E 395.88 feet to a point; Thence S44054'04"E 28.52 feet to a point; Thence N89026' 11"W 418.40 feet to a point; Thence S06050'24"W 77.13 feet to a point; Thence N89035'25"W 32.20 feet to a point; Thence N06050'24"E 127.52 feet to the Real Point of Beginning of this description. 090 I /Lukessse.doc / / / / /:)01 / / / ~ / / .;:-<vQ:- / 'v / .<:::-o~ / / (j"?- / //~ / / / / ;" / ~/~-L__ ( EXHIBIT "BA GRANTOR: ST. LUKES REGIONAL MEDiCAL CENTER, L TO. 190 E. BANNOCK STREET BOISE, IDAHO, 83702 ~~ PARCEL 8 ROS NO. 5306 PARCEL 1 ROS NO. 5306 BRIGGS ENGINEERING, INC. (~) ENGlNEDlS PUNHERS Sl.IRI'EYORS 1600 II, 0IUIlJ/.I0 ROID . 00lSE. l\Im 83705 . (roa).l#-97oo 11>000 ~ ... ""f porI1oo _, oIloI nol bo uood on any ProJocl 0<' _ of Ihlo Projocl ~ by _ __ hmI &w. ~ no. MERIDIAN DESIGN PARCEL 7 ROS NO. 15306 S 89'26'11" E 32.19' S 06'50'24" W 30.18' 20' 18 I ~ I I 50' "[0 ~ PARCEL 3 ROS NO. 5306 [ I I [ [ I I [ I I I [20' I I ____ [ I '"1~ I I I I [ [ I I S 44'54'04" E 28.52' AND WATER REVISION SHEET 1 OF 1 0901 EXHIBIT CitY of Meridian Public Works Dept. NOV - 2 2001 City Of Meridian City Clerk Office To: Mayor Corrie From:Gary D. Smith, PE cc: file Date: 11/01/01 Re: Water & Sewer Easements for Touchmark Living Center Mayor: Attached are two (2) water and sewer easements, in favor of the City of Meridian, needing City Council approval. One is from uSt. Luke's Regional Medical Center, LTD." and the other from "Touchmark of the Treasure Valley, LLC." These easements contain water and sewer lines, to be owned and maintained by the City, extended from the St. Luke's project to the Touchmark project. I would appreciate it if you could place these easements on the next available City Council agenda for City Council approval. I assume these could be placed on the Consent Agenda and pulled off if you or the Council have any questions. Public Works Department recommends Council approval of each of these easements. Tha1; GaryO Fromtherleskof... Gary D. Smith, PE Public Works Director Meridian Public Works Depa.rl::me:nt 660 E Watertower lane, Suite 200 Meridian, Idaho 83642 CD Page 1 (208) 898-5500 Fax: (208) 887-1297 November 2, 2001 MERIDIAN CITY COUNCIL MEETING APPliCANT November 7,2001 ITEM NO. 3-L REQUEST Sanitary Sewer and Water Easement Agreement with Touchmark of Treasure Valley LLC for Touchmark Living Center Project AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POliCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached ~ Mr Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. NDV SANIT ARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~t- day of O~, 2001 between TOUCHMARK OF THE TREASURE VALLEY LLC , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE A TT ACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee: it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Page I 090 [. sewerwaterease#2.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or Howers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they wi lJ warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first pmi have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: )~jJ.~9 Werner G. Nistler, .II'., ~resident STATE OF OREGON ) ) ss County of Washington) On this Z 1- day of ({) vfober , 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared Werner G. Nistler Jr. , known or identified to me to be the President, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. As' ~ OFFICIAL SEAL V~ r-- THERESA M. GATES ., NOTARVPUBUC.QREGON NOTARY PUB~C r. O:ON COMMISSION NO. 348889 MVCOMMISSION EXPIRES AUG. 14, 2005 Residing at f'/rkqfni!IvJa.A (!()~ Commission Expires: Iftq. /4/ Sanitary Sewer and Water Main Easement sewerwaterease#2. d oc Page 2 0901- GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Sanitary Sewer and Water Main Easement sewerwaterease#2.doc Page 3 0901- Exhibit "A" City of Meridian Sanitary Sewer and Water Easement Easement No, 1 Commencing at the Northwest corner of Section 16, T.3N., R.1E., B.M., thence Soo30'52"E 1331.39 feet along the West line of said Section 16 to a point; Thence S89035'25"E 1011.32 feet to the Southeast corner of Montvue Park Subdivision; Thence Noo20' 17"W 2.21 feet along the east line of Montvue Park Subdivision to a point on the North line ofthe South ~ of the NW Y4 of said section 16; Thence S89026' II "E 344.09 feet along said north line to the Real Point of Beginning of this description; Thence S89026' I1"E 32.19 feet to a point; Thence N06050'24"E 39.01 feet to a point; Thence N89026' I1"W 32.19 feet to a point; Thence S06050'24"W 39.01 feet to the Real Point of Beginning of this description. City of Meridian Sanitary Sewer Easement Easement No.2 Commencing at the Northwest corner of Section 16, T.3N., R.I E., B.M., thence Soo30' 52"E 1331.39 feet along the West line of said Section 16 to a point; Thence S89035'25"E 1011.32 feet to the Southeast comer of Montvue Park Subdivision; Thence Noo20' 17"W 2.21 feet along the east line of Montvue Park Subdivision to a point on the North line of the South ~ of the NW l;4 of said section 16; Thence S89026' 11 "E 738.37 feet along said north line; Thence S44054'04"E 42.77 feet to the Real Point of Beginning ofthis description; Thence S44054'04"E 28.52 feet to a point; Thence S89026' Il"E 370.56 feet to a point; Thence N0033' 49"E 20.00 feet to a point; Thence N89026' 11 "W 390.89 feet to the Real Point of Beginning of this description. C:\2000\09\090] \Correspondence\Out-going\Exhibit A.doc I J I I /~ / I // I /<)v. / / <v<<:- / / 'v~ m / o~ / ~ / ~ / / ~G /// '/ // / / / / -L/~1__ EXHIBIT "B'; ~ : *~ - ~ PARCEL 8 ROS NO. 5306 PARCEL 1 ROS NO. 5306 BRIGGS ENGINEERING, INC. (~) ENGINEERS PlNflERS SUlMYORS lllOO W. IMlW<<I RMJ ' oca. I\IHllllJ705 ' (2OI3)J~4-9700 Thooo m!nqo, ex ""1 pc<tIoo _. ,""" nolbo uood DESIGN on ony ""')oct Of -..... 01 Ws ""';oct D>eepl by -.. "11- tn.m 1lW~, k><. PARCEL 7 ROS NO. 5306 N 89'26"'" W 32.19' GRANTOR: TOUCHMARK OF THE TREASURE VALLEY, LLC 5150 SW GRJFFTH DRIVE BEAVERTON, OREGON 97005 S 44'54'04. E 28.52' PARCEL 3 m ROS NO. 5306 ~ EASEMENT NO. 2 20' ~ ~ (.<) ;I: ~ --- REVISION SHEET 1 OF 1 EXHIBIT RECEIVED NOV - 2 2001 City Of Meridian City Clerk Office m To: Mayor Corrie From: Gary O. Smith, PE CC: file Date: 11/01/01 Re: Water & Sewer Easements for T ouch mark Living Center Mayor: Attached are two (2) water and sewer easements, in favor of the City of Meridian, needing City Council approval. One is from "St. Luke's Regional Medical Center, L TO." and the other from "Touchmark of the Treasure Valley, LLC." These easements contain water and sewer lines, to be owned and maintained by the City, extended from the St. Luke's project to the Touchmark project. I would appreciate it if you could place -these easements on the next available City Council agenda for City Council approval. I assume these could be placed on the Consent Agenda and pulled off if you or the Council have any questions. Public Works Deparbnent recommends Council approval of each of these easements. Tha13 Gary 0- From the deskof... Gu:y D. Smith, PE Public Works Director Meridian Public Works Department 660 E. Watertower l.ane,Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 887-1297 OCT 3 To: Mayor & Council From:Gary D. Smith, PE . ~"\ cc: file, Cily Clerk, Cily Attom~ Date: 10/30/01 Re: City of Meridian Transportation Task Force Committee COMPASS is requesting that we submit our list of prioritized transportation projects to them no later than November 15, 2001 so that the projects can be considered for inclusion into the Transportation Improvement Program (TIP). In that regard, I have asked Mayor Corrie to place this item on the November 7, 2001 Council agenda. Attached, for your reference, is another copy of the "draft" report that I submitted to you in early October. Since that time, I have received information from Katey Levihn, at ACHD, that answers questions the committee posed to her at our meeting in September. I am attaching a copy of her response to our questions for your review. I would appreciate it if you could review all of this material and act on the Committee's prioritized listing of transportation projects at your meeting on November 7 so we can meet COMPASS's deadline. If you have any questions or need other information please let me know. Thanks for your help in this matter. RegardS~fi1 . Ga;v' 0 From the desk of... Gary D. Smith,. FE Public Works Director Meridian Public Works Departznent 660 E Waterlower l..anes Suite 200 Meridian,. Idaho 83642 .. Page 1 (.DB) 898-5500 Fax: (.DB) 887-1297 C') c: :;c: c: ca a:: ~ .0 ;t c; .~ B .~ ::c ("I') 0\ ~ t--:! ""1"<nOO:'OO\::;\O<nMgN\O ":t 0'1 ~ \O~ :!-<nt--8-o\OOS<n""1"M8-NV lTl 0\ ~ ~~I NI ~~~:+~~~II ~ vS \0 0\ ~ ""1" \OS M<n :! \0\0 t-- t--3NOOVMN<n-< r-- 0\ ~ \0 ~ t-<nO\MN €~~::;:::: ......00 0\ 00 0'1 ~ €::::~~~ -OO€~ 0'1 0\ ~ :=:O\~MM::::N\O€S g t--<i]NM.",..OJ")\Ot'--t'--t'--OOO\ONMM....... N 8lZl g ......("'1 ("'I M""1"<n\Ot'--OOO\O-N MV OJ") \0 N ~ 0=:: 8 .",.. t.J 00 ~ ~ ~ ~ e. ~ ~g t .,8 ~ & ]~ ~ ro~' r: ~ ~ ] ..:.: ,S 8 (3 R ~ 5 ~ ~Q).g ~.g ~ ~ ~ 5 .~ -tj 5 ~ ~ ~. a ~ -: ] e ::> ~ ~ ~ ~n:S ] ~ ;>- ~ ] a ~ ~ 'So ~ E"-!;; u IS .9 a B '; (;'... 0 II 'g ~ B a:g a ~ ih B .,g :; ~ ~ ~ ~ B .5 ~ .~ ~ ~ a ~ ~ B ::5 ] ~ ~ .g B ~ ~ ] - ~ j U ..... ~ ~ 6 fa u.i ~ 0.. u.i E; E 0 ;a i '1:: -tj I 0. u.l u.l ,S ..:.: @:=: ~ ~ B .... B .S :: ~ .~ B B '.g B ;:: Q) 'ct1 :; c:; '5,~ ~ '-!;; ] -6 <t: .9 @ ~ '~ OJ) @: ti t; ] ~ ~ ~ 5b 'S ~ -a :; ~ S .g j ~ ~ ~ ;:: ~ .5 '0 ::;l ~ ~ ::=E -a 5 ~ ::;l .~ t> j ~; ~ ~ ~ r;) ~ ~ ~ ~ ~ e ~ ~ ~ ~ ~ ~ :~ ~ ~ .,8 ~ ~ ~ ~ ~ .~ Q) ~ e ~ ~ ~s~~~~s~~oo~o~~Da6~s~ctI~~s~~ujau] ,g ] ~;a t ;E ri5 en ~ e < ti ~ :; ~ ~ ti ;a 0 ~ ~ r; b ;E ~"e ~ g ~ E';a ~ ca ~ l e ~ ] 5 ~ ~ ~.E.5 g ~ : ~ c:z ~ ~ ~ ] ~ ]1 ~ 5.~ ~ l ~ ~ ~ ~ 13 ,~ Q) ~ ~ ~ :;; ~ .S ~ ~ .; ~ :; ~ u fa u ~ Q) .3 ~ ~ e; 8 t Ci ~ 2 ~ ~ ~ ~ u ~ ~ :S:OS:S:OS 1i 1 ~ E ~:a:a ~ @ 'fi ~ :a ] "t:I o.:a :a ] ~ E r- ~ .~ e :a ~ ~ =s ~ ~~~~~~~~]~~68~8~~~8~~86a5~~]~68~ ~ t I i ~ :f fL ~ Last printed 10104/01 9:57 AM OCT 3 MEMORANDUM September 13, 2001 TO: Honorable Mayor and City Council From: Gary Smith, PE RE: Meridian Transportation Task Force Committee - Annual Meeting Dear Mayor & Council: This Committee met the evening of September 12, 2001 at your Public Works Department for about 3.5 hours to discuss transportation related projects in and around Meridian. The Committee reviewed our needs and the project priority list that was developed last year (2000) by this Committee. This Committee consists of people from a broad spectrum of occupations and agency representations and those attending are listed on the following page. The Committee had a very good discussion concerning our transportation needs with comments from all in attendance, The following pages generally represent the discussions of the committee members during this meeting. This information is being presented to you for your review and subsequent action. If you approve this Committee's prioritization recommendation, I will then transmit it to COMPASS for their prioritization into the State of Idaho - Transportation Improvement Program (TIP). AIi Bonakdar, at COMPASS, needs to receive our prioritization no later than November 15, 2001 so that he can compile the information he receives from all Ada County cities to present to the State and to ACHD for development of their 5MYear Work Program. If you have any questions please don't hesitate to call on me. Sincerely, Gary lQ)fFl ?u CITY OF MERIDIAN TRANSPORTATION TASK FORCE COMMITTEE MEMBERS September 12, 2001 Rich Allison (Citizen) 916 E, 1st St.; Meridian 83642 888-33490N) AIi Bonakdar (COMPASS) 413 W, Idaho, Ste. 100; 83702 345-5274 0N) Boise Keith Borup (P&Z) 2090 E. Freedom Lane; 83642 884-1092 0N) Meridian Brad Hawkins-Clark 660 E. Watertower Ln., Suite 202 83642 884-5533 0N) (City P & Z) Meridian Jonathan Hennings (ITD) P.O. Box 8028; Boise 83707 334-8978 0/'1) Katey Levihn (ACHD) 318 E. 37th; Boise 83714 387-61090/'1) Pamela Lowe (lTD) P.O. Box 8028; Boise 83707 334-8303 (W) (Eric Shannon) Cherie McCandless P.O. Box 1132; Meridian 83680 888-4753 (H) (City Council Member) Malcolm MacCoy (Citizen) 1024 E. Dominica Dr.; Meridian 83642 887-7611 (H) Gary Smith (City Pub.Wks.) 660 E, Watertower Ln., Suite 200; 83642 887-2211 0N) , Meridian Terry Smith (Citizen) 713 E. Kingsford; Meridian 83642 888-6801 (H) MERIDIAN TRANSPORTATION TASK FORCE COMMITTEE TRANSPORTATION ITEMS DISCUSSED September 12, 2001 Gary Smith called the meeting to order at 6:35 PM and thanked everyone for coming, Everyone in attendance introduced himself or herself and told who they were representing. The following projects, generally from past meeting(s), were reviewed with agency and individual comments: Waltman Lane' E.1Sl , Meridian Road I Central Drive Intersection. Katey Levihn reviewed that construction for Overland Road is being moved up one year and, because of available funds, construction for this intersection could possibly be delayed from last year's projection of FY 2004 to FY 2005. She handed out traffic count data for this intersection that was requested at our last meeting. No one could remember what the design of the intersection looked like so Katey will have a copy of the plan sent to Gary Smith for distribution to this committee, There was general feeling that this intersection needs to be maintained at its present level of construction by FY 2004. Park and Ride Lots. The Overland/Eagle Road lot is constructed, The Overland Rd.lHwy. 69 lot is under construction and is to be completed by November 15, 2001. The roadway from Overland into the lot is to be complete by September 30, 2001, There was discussion about west-bound traffic on Overland Road being able to access the Jot because of the si nificant s ackin of west-bound traffic at the Overrand/Hwy.69 intersectio . Katey will look into this and report back. Storm Water Orainaae Control. ACHD has retained Civil Survey Consultants, lnc, to complete a drainage study for the North Meridian area as well as other areas in Meridian, The North Meridian area report is complete and Katey said a copy has been sent to Meridian City Engineer. Katey will find a copy of the Old Towne Drainage study for us that was also done by Civil Survey, With the National Pollution Discharge Elimination System (NPDES) permitting process taking effect for storm water discharge, alternative methods of storm water disposal with grassy swale treatment will probably be applicable. Perhaps we need to look at non-curb/gutter street secti~~s ~..educe oint a dlischarges of run-off, A pilot project or two of non-curb/gutter has been built in ~'_~ ) Five Mile Creek Pathway. This project is complete! Interchange Beautification. Again this year, discussion took place on filing an application for federal "STpMEnhancement" funds to beautify the Meridian and Eagle Road Interchanges, with emphasis on Meridian Road, As discussed at our last meeting, if we file an application we need to have a plan prepared and be prepared to enter into a maintenance agreement with lTD. Aoolications are due Februarv 16. The application takes a lot of work. This application submittal would be for a construction project for FY 2004, Committee wants to move forward with an application to see what happens. We have received a copy of an application submitted by Caldwell to give us an idea of what our application needs to look like. This application will need the approval of our City Parks Department along with City Council, Local participation is required and the amount of participation depends on the amount of the grant. Maximum amoun . QQO with a 10% local match. The local match can be cash or in-lieu of cash. rad Hawkins-Clark, M~) CPlannlng & Zoning Department, will do some researc as to the cost to prepare an application5~ Functional Classification Map. Brad Hawkins-Clark has sent comments on our roadway classification to Charles Trainor at COMPASS. According to Ali Bonakdar, the COMPASS Board of Directors will act on changes to the Functional Classification Map in November 2001. Overlav Proiects. Pine Avenue. This improvement, from Eagle Road east and west, will be developer driven because of the present development activity. ACHD has purchased some right of way and the property owner south of Blue Cross (Elixir) is interested in the process to sell right of way for their half of the roadway. Katey will check with ACHD right of way to see if Elixir has entered into any agreement with ACHD to purchase right of way. ACHD lists these as "projects" but has no control over development activities. To keep these developer driven "projects" on the horizon, the current Five Year Work Program shows Preliminary Engineering (PE) for FY2000 for the section from Eagle to Locust Grove, securing right of way (RNV) in FY2002 and construction in FY2003. The section from Eagle to CloverdaJe secures RIW in FY 2002 with construction in FY 200;3. ACHD needs to work with the development community to get this length of roadway built from Nola to Cloverdale. This is a good example of a public/private partnership project. Thanks to ACHD and ITD District III, the Pine / Eagle Road intersection signalization project will be constructed this year as a change order to the Franklin Road / Eagle Road intersection improvement project. To further facilitate east-west traffic movement, we also need to emphasize the Pine Street improvement from E.1 51 to Nola. ;.v\tltL ..Jo JV.!1 ~ 11 VlA-1J' Speed limits. ~ aYJ ~. .~" tu wiil 11m- ~j' / f\tl H\ \A!f v.... The Cit:{Trnffic Safety CommissiOriwm continue to monitor comments about city speed limits, Police Chief, City Engineer and ACHD Traffic Engineer are on this committee. The installation of the signal at Pine and Eagle will help control speed on Eagle Road. The speed on Eagle is seriously high and Chief Gordon has said more and more injury accidents are occurring. Photo enforcement of speed is a proposed law being sent to the legislature this year with support from ACHD and the Police Chiefs Association. Traffic Calmina Devices. ACHD has a procedure set up to handle requests for traffic calming devices. Neighborhood Enhancement funds, for local roads, can be used for traffic calming, sidewalks and drainage. Darrin Carroll was referenced as a contact person at ACHD for information and application under the Neighborhood Enhancement program. No requests have been made to our Traffic Safety Commission for these devices. 1-84 Interchanae at Ten Mile Road. This improvement still ranks high in priority to provide Interstate access for North Meridian residents, Overpasses at Linder and Locust Grove Roads are also of major interest to connect the southerly areas of growth with Meridian's core area. Results of the ITD sponsored Interstate Corridor Study have been distributed to Meridian Mayor and Council for review. The 1-84 Corridor Study has been completed and the Treasure Valley Transportation Team recommendations for improvements to this corridor will be presented to the COMPASS Board of Directors in the next month. A large developer is forming some plans for development in the Ten Mile Road area between 1-84 and Franklin Road. Apparently this developer has funds available to contribute to the cost of constructing the Ten Mile Road Interchange. ACHD and ITD are aware of this. We have been told in the past that ITD looks more favorably to building projects that have some local funding of some type involved and this interchange could move up to number 1 on the State's priority list. Locust Grove Road OverDass. ACHD has selected a consulting engineer to design this overpass and the length of Locust Grove Road from Overland to Franklin Road. ACHD has committed $750,000 for the design, which is scheduled to be complete by July, 2002 with the Locust Grove & Overland intersection completing first to match the timing of the two-mile segment of Overland; the local portion north of the overpass and the overpass itself are second in time and priority to this intersection. Right of way might be purchased during FY 2002 which would allow construction in FY 2003 or 2004, but only if ITD can move up the federal funds. ITD currently has the overpass in PD. City of Meridian has committed up to $1.8 Million for acquisition of right of way. ITD has committed $2.7 Million of Interstate Maintenance Funds with an additional $2.5 Million from STP-Urban funding. This project will include improvement of Locust Grove Road and probable signalization of Locust Grove intersections with Franklin and Overland Roads. A review of the "draft" Memorandum of Understanding (MOU) needs to be completed by City of Meridian legal department answering to what the City right of way dollars will apply. Katey says RMI donations must meet Federal-Aid rules. She has a listing of the conditions for the donations, ACHD cannot accept a donation until the environmental work is done. A question was asked if developer dedicated RMI could count as City contribution; and the answer is, it could only if it was not right of way normally required from developers. Overland Road (S.H. 69 to Eaale Road). This project has been moved up by ACHD to substantial completion in FY 2003 to coincide with opening of the new high school. This is an extremely tight schedule and ACHD is doing everything it can to meet this deadline; however, any unforeseen occurrence might cause this schedule to slip. HDR Engineering is the consultant on this project. Irrigation crossings will have to start no later than March 2003. The Overland / S.H. 69 intersection will have two temporary north-bound right turn lanes until ACHD & ITD agree on parameters for this intersection and then program it for construction. Moving up this project and Franklin Road has apparently caused a shortage of approximately $1 million to projects scheduled for Meridian and there is a high probability that this may cause the Waltman I Meridian I E.1 sl intersection project to be delayed to FY 2005. ACHO has responded to last years Committee comments and moved this project up in the schedule. Overland is placed ahead of Franklin Road as requested and both roadways are now programmed to be constructed in two-mile lengths over approximately 14 months for each roadway length. Franklin Road. This project is scheduled for construction in FY 2004. Irrigation crossings will be started no later than March 2004, Again, moving this project up in the schedule along with Overland Road, will most likely impact the timing for improvement of the Waltman / Meridian / E.1 st. Street intersection. ACHD has indicated that Franklin will be improved from E.1st to Eagle as requested by this committee at last years meeting, The intersection at E.1 sl needs to provide a turning radius for north-bound truck traffic turning east. ACHD's 5-Year plan says there will be a fully improved intersection at Franklin and E.1 SI, Sianalization. . 1-84 East-Bound Off Ramp at Meridian Road: With a $25,000 donation each from United Heritage and the Central Valley Corporate Park developer (R.T. Nahas Co.), ITD moved forward with design of this signal and expects the project to be under construction by December 2001 or January 2002. This project will also include pavement replacement from Overland to the overpass. Committee appreciates ITO's response to relieve a night- marish intersection for traffic turning movements at most times of the day. + Fire Station at Franklin Road &Ten Mile Road: Signalization needs to be provided to provide safe exit of emergency vehicles from the fire stations, ACHD has evaluated the Franklin Road site and has responded with a letter to Mayor Corrie as to what they can do with associated costs. Because design needs to be completed for Franklin Road, ACHD is proposing to locate a temporary fire station signal at the fire station driveway in FY 2002 using salvaged signal materials at a cost of $35,000. A permanent installation will be made at the intersection of Stratford and Franklin with the Franklin Road improvement project, now programmed for FY 2004. ACHD will allow use of salvaged material at Ten Mile Road station. City is expected to pay the material cost of $35-40,000 and ACHD will install the signal. . Eric Shannon discussed the interest in signalizing the east-bound 1-84 off-ramp at Eagle Road. . Discussion took place about coordination of signal light timing in Meridian and whether or not the radio transmission tower at ACHD was no Ie of tran mittin /receivin si nals from Meridian area for manipulation of signal timi g. Katey will research to see the status of this. . Discussion took place about timing of signals at Cherry Lane/E.151 and Cherry Lane/Meridian Road. Also, there et-ef.-iAt est in providing protected left turns for north-south traffic on Meridian Roa . Katey will investigate, Audit of Impact Fees I Proiect. Considerable discussion again took place concerning the requested ACHD audit showing a comparison of Impact Fees collected from Meridian and money spent on roadway improvement projects in our zone for the past 5-year8. Collected fees must be spent within 5 years in the zone collected. Cherie McCandless commented that ACHD has provided some information however, it wasn't what the City Council President had requested. Committee re u aiA-;--tlla's ditinformatio ed to the City and this Commi atey will send audit data Gary Smith for distribution to this comml ee an our a or and Coun Miscellaneous Comments. . Committee still feels we need to have a mile of arterial road built each year to facilitate traffic movements to and from the rapid residential and commercial growth in our area. We are still behind. . Status of replacing the Meridian Road Interchange. It doesn't look good because the Sufficiency Rating is a little over 70, even though it can be classified as functionally obsolete because of a lateral clearance restriction with an interstate travel lane. If additional lanes are added to 1-84 to the west, this structure will need to be replaced. The deck continues to deteriorate and again this summer was patched with new concrete and additional reinforcing steel. . Committee is appreciative to ACHO for moving the construction of Overland Road, Locust Grove to Eagle, up two years to help with increased traffic from Overland Road development and construction of the new High School. Committee is also appreciative to ACHO for moving the construction of Franklin Road up one year to facilitate east-west movement of traffic, especially during peak traffic at early morning and evening. ,~~ -/111 · Committee requests that ACHD submit a roadwa next 5 years. . Committee discussed the need for a right turn lane of north-bound traffic on E. 1 st at Franklin Road. This would also need to facilitate right turn truck traffic, which presently turns into opposing lanes on Franklin to complete their turning movement. Storey Park land would need to be dedicated to ACHD for the lane and relocation of the signal pole. This intersection improvement should be part of the Franklin Road rebuild project, if not sooner. . The Committee is appreciative to ITO for their help in moving forward to design and contract for the installation of the traffic signal on SH 69 at the east-bound 1-84 off-ramp. We are all convinced this will be a tremendous help in traffic movements at this location. Committee is also very appreciative for the financial support of United Heritage and the developer of the Central Valley Corporate Park (R.T. Nahas Co.) to help facilitate the upgrade of this intersection. . Committee recommends, and agrees, that this planning meeting be scheduled during the work-day next year. COMPASS representative has graciously offered the use of their conference room, with refreshments, for this meeting. CITY OF MERIDIAN 2001 TRANSPORTATION RELATED PROJECTS (Priority Based Listina) 1. Signalization. 1-84 East-Bound Off Ramo at Meridian Road is presently scheduled for construction in early FY 2002 (December 2001- January 2002). This project must be constructed. The lack of signal here is causing severe congestion, which must be mitigated. 2. Locust Grove Road Overpass, A Consulting Engineer has been retained by ACHD for design of this project. ACHD is funding the design $750,000 and a significant portion of the construction costs. Meridian is funding up to $1,8 Million for acquisition of right of way. ITD funds $2.7 Million of Interstate Maintenance money, and $2,5 Million from STP-Urban, Design should be complete by July of 2002, Right of way purchases 2002-2003, Construct 2003 or 2004. ACHD feels the importance of this project to move it fOlWard from FY 2006 in their Five Year Work Program. ***Committee also recognizes the high importance of the foot-noted projects on the following page, including the Ten Mile Road Interchange and the Linder Road Overpass. These projects were also rated very high by the Mayor's AdHoc Transportation Committee several years ago. 3. Rebuild Overland Road from Meridian to Eagle Road, HOR Engineering has been hired by ACHD to update the design plans for this project and ACHD has reprogrammed construction of this length of roadway from FY 2005 to FY 2003. 4. Rebuild Franklin Road from E.1st to Eagle Road; concurrently rebuild Locust Grove from Pine to Franklin Road. ACHD has $3.1 Million for purchase of right of way for this rebuild. ACHD needs to start railroad approval for a new crossing of Locust Grove Road. The existing railroad crossing of Nola Road will probably need to be closed. Pressure for improvement of Franklin will increase with construction of Locust Grove Road and Overpass, Improvement of the Franklin Road I E.1SI. Street intersection for north-bound right turn truck traffic needs to be included in this project.. as-meve . . . I n th of Franklin R ocust Grove, Franklin to Fairview, is currently programmed or construction in FY 2005. !et :;J- . \ 1Jf\ 5. Rebuild Meridian Road from Cherry Lane to Franklin Road to 3-lanes and preserve and support the gO-foot wide right of way. 6. Rebuild Linder Road from Franklin north to Cherry Lane. The critical length of this roadway is from Franklin Road to Pine Ave. Presently, for the one mile length of road, design is scheduled in FY 2005; RNV in FY 2006 and construction in FY 2007. Committee requests that the critical length be moved up in construction. 7. Rebuild Ten Mile Road from Franklin to Ustick. Present 5-year ACHD Work Program breaks this project into 3 pieces: Franklin to Pine - PO; Pine to Cherry Lane - FY 2004 to 2006; Cherry Lane to Ustick - FY 2003 to 2005. 8. Franklin Road Fire Station Emergency Exit Signal: A temporary signal will be installed by ACHD in FY 2002 with permanent installation in FY 2004 to allow safe movement of emergency vehicles from the station. 9. Ten Mile Road Fire Station Emergency Exit Signal: This station is now constructed and ACHD has agreed to design and install this signal at such time as the City of Meridian will purchase the materials. Again, safety of exiting emergency vehicles is at issue. 10, Synchronization of Traffic Signals: ACHD has completed cabling however, an extension is needed to their radio wave receiving/transmitting tower at their headquarters. This sync project has been going on for a number of years. It has become a mandatory item to provide control of signals at peak traffic movement times, Of significance is signal control along E. 15t Street at Pine and Idaho and along Cherry Lane at E.1 5t Street and Meridian Road. 11, Construct Intersection Improvements at Waltman Lane, Meridian Road, E.15t St., and Central Drive, Continued commercial development in Central Valley Corporate Park and west of Meridian Road is cause for congestion at this intersection, Because the construction of Overland and Franklin Roads has been moved up ACHD advises it is probable that funding for this intersection improvement will be delayed to FY 2005. 12. Rebuild Pine Avenue from Nola to E.1st Street. 13. Rebuild Locust Grove Road from Ustick to Chinden. 14. Overlay E.3rO Streetfrom Franklin Road to Pine, including railroad crossing improvement, to relieve truck traffic through Meridian on E.151 Street. 15. Construct a curvilinear connection of E.3rO to E. 2 % Street at Carlton, which will facilitate traffic movement, with appropriate signalization, on E. 3rd from Franklin to Fairview Avenue. 16. Interchange Beautification. Provided support is available from City Council and Parks Department, ask ITD to be a sponsor of this project to facilitate its funding, Requirements for this project are previously outlined in this report. *** The fOllowina are footnotes to the above listed prioritization. a. Committee understands and supports that the Ten Mile Road Interchange is a part of the ITD Corridor Study, which has now been completed. We understand that prioritization of interchanges is addressed by this study, which will be presented to the COMPASS Board of Directors in October 2001 for their action and that this location has a good priority basis. For this reason this project is not currently shown on our priority list. b. Committee understands and supports that in addition to the Locust Grove Road Overpass, the Linder Road Overpass is necessary to provide adequate passage of vehicles from North Meridian to South Meridian. c. Committee understands and supports that the existing Meridian Road Interchange structure needs to be replaced with a wider structure providing added traffic lanes and pedestrian crossing and allowing the Interstate to be widened. Reportedly this structure has a relatively high Sufficiency Rating placing it Iowan the list of critical bridges for replacement. Committee requests a copy of the bridge inspection document and sufficiency rating (SR) to 10 understand why the SR is as high as it is. We also understand that this structure will need to be replaced when additional Interstate lane(s) are added from this point west. [Qj 11 Ada County Highway District Judy Peavey-Derr, President Dave Bivens, 1 st Vice President Sherry R. Huber, 2nd Vice President Susan S. Eastlake, Commissioner David E, Wynkoop, Commissioner 318 East 37th Street Garden City 10 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-mail: tellus@ACHD.ada.id.us October 24, 2001 City of Meridian Meridian Public Works Department 660 East Watertower Lane, Suite 200 Meridian, Idaho 83642 Attn: Mr. Gary D. Smith, P.E. Public Works Director Su bject: Responses to Questions of Transportation Task Force TIP/FYWP Annual Update Meeting of September 12,2001 Dear Gary: This letter is to respond to questions asked of ACHD during the subject meeting. The responses are listed in the order of your draft meeting minutes, 1. Waltman/East 1sl/Meridian/Centrallntersection: Attached is a rough draft sketch of the intersection (Att. A). It is currently programmed for design this FY2002, after which an engineered drawing will be available. 2. Meridian Park & Ride Lot on Overland/Eagle: We have noted the potential conflict between the widening of this intersection with the Overland work planned for construction in FY2003, and will have our design team look into the situation to avoid traffic backing up on Overland that would block ingress or egress from the park and ride lot. 3. FY2002 Overlay Projects: The list is attached as a copy of an e-mail (AtL B) that is the best information we have. It appears there are only two projects that are all or partially in the Meridian area: #3, Linder Road, 500' south of Chinden to 3500' north of Chinden; and #6, Linder Road from Lake Hazel to Amity. 4. Pine Avenue Extension: We have secured the required right of way from Developer Diversified (Elixir) at the time the Blue Cross property was developed and, recently, tor the Eagle & Pine intersection. The right of way secured for the Pine Extension extends just over 370 lineal feet west from Eagle Road. The Eagle & Pine intersection is currently being constructed and should be completed by the end of November 2001. Other property for the extension of Pine Avenue will be acquired as development occurs. 5. Locust Grove Overpass and Meridian's $1.8 Million Contribution: Our right-of-way department met with Councilman Keith Byrd and he verbally agreed that ACHD should do the work of right-ot-way acquisition due to the complexity of the process when Federal Aid is involved. The restrictions and/or conditions on donated right-of-way were also discussed with Councilman Byrd. Your attorney, Mr. Nichols, has been in contact with our attorney, Ms. Barbara Beehner-Kane, regarding completion of Q:\Plan&ProgramITIP\Responses to Meridian TTF Meeling of Sepl12 2001,doc Page 1 of 3 the MOU on this subject. We hope to finalize the MOU in the near future and appreciate the City of Meridian's timely cooperation. 6. Signal Light Timing in Meridian: I have spoken with our Traffic Operations Division and they have been looking into the synchronization of lights along: a, Fairview: These lights are synchronized as much as possible given current conditions. However, these lights are not connected as we do have the infrastructure (cable and conduit) installed between East 1 sl and Eagle. We are hoping to take care of some of the infrastructure through the development process, b. Cherry Lane & East 1st and Cherry Lane & Meridian Road: These two signals are linked. However, because of their close spacing (approximately 300 feet) and heavy turn movements at both intersections, these are difficult to time. They are currently times as best as can be managed under the circumstances. c, Providing protected left turns for north-south traffic on Meridian Road: ACHD agrees this is most likely needed. One signal already provides this. Of the other two signals, Meridian & Cherry Lane is one that we are currently taking turn counts on and, once the results are collected and analyzed, we most likely will install a protected-permissive signal. Meridian & Pine is next on our list for this type of study. Please continue to inform us if you see needed improvements. 7, Master Synchronization Control: You asked if our tower had been extended high enough to be able to use our system to monitor and control signal in Meridian. Our Traffic Operations Division reports that the tower will not be extended as it would have required doubling the height. However, we are in the process of getting a transponder installed at the Ada County Sheriff's tower (on Meridian Road south of Amity) that should improve this situation considerably. We are currently in the selection process for a contractor to do the work that, hopefully, will be completed early in 2002. 8. Impact Fees: You requested a listing of impact fees collected and expended in the Meridian area since inception of the project, including what projects had been impact fee eligible and had therefore been partially paid for by impact fees, This listing is attached (Att. C). 9. Grassy Swales In Lieu of Curbs & Gutters: Our Drainage Division informs me that it would entertain this idea on local streets provided that Meridian is willing to enter into an agreement whereby routine maintenance (mowing of grass, watering, etc,) are taken over by the City and/or landowners. There are also some development issues that would need to be addressed if the City seriously wanted this option considered. Please contact our Mr, Art Jenkins, Drainage Supervisor, at 387 -6252 if you wish to pursue th is, 10. County Section Line Road Intersections Lighting: You are to provide us a list of requested locations after checking with the Meridian School District and we will then respond as to whether or not the mechanism to install the lights is in place as lighting is generally not an ACHD item. The locations will need to be considered on a case-by-case basis to determine eligibility, installation cost and maintenance cost responsibilities, A copy a letter to Idaho Power, reflecting the division of responsibilities between ACHD and Ada County under our school bus stop light program, is attached to give you an idea of the type of division we would probably require (AU. D). 11. Truck Route Study: A copy of this study is attached (Att. E). This preliminary work was done in 1999 and then stalled because of the non-adoption of an ordinance by the local jurisdictions, Please note that ACHD has no regulatory authority to enforce a designated truck route, and the City of Meridian would need to adopt an ordinance in order to enforce such a designation. Should you desire to further pursue this issue, please contact our Mr. Joe Rosenlund, Assistant Manager of Traffic Services, at 387-6145. 12. Roadway Maintenance Plan for Meridian: ACHD schedules its chip seals on a nine-year rotating basis. Attached is a map (Att. F) with the last year the areas were chip sealed, so that you can predict when the next maintenance will be done. We will also maintain gravel roads and alleys, and plan to pave one or two as yet unspecified alleys in the Meridian area, Other than that, we perform maintenance on an as-needed basis. Q;IPlan&Program\TIP\Responses to Meridian TTF Meeting of Sept 12 2001.doc Page 2 of 3 13, Right Turn Lane for Northbound East 1st Traffic Onto Eastbound Franklin Road: I have passed on this request to our design and traffic operations divisions who will determine if this can be included with the Franklin Road project when it is constructed in FY2004, We understand the City of Meridian and/or its Parks department may have property that could be donated to ACHD for this purpose. Please inform us if the City of Meridian intends to donate property to us by contacting Mr. Randy Lane, Right-of-Way Supervisor, at 387-6272. I trust this adequately responds to your questions. If not, or If you have additional questfons, please call me at 387-6109. Thank you for your time in assembling your request list thIS year. We look forward to receiving it before November 15, 2001, approved and sIgned by your City Council, so that it can be reviewed for possible inclUSIon in this year's Five Year Work Program update. i71Y L[~ih~ PPC Supervisor AU.: A. Sketch, East 1st/Waltman/Meridian/Centrallntersection B. E-mail of 10/22/01 regarding FY2002 Overlays C, 10-Year Impact Fee Chronology for Meridian Area D. Maintenance Agreement with Ada County re School Bus Lighting E, Truck Route Study F, Chip Seal Program Cc: COMPASS - AIi Bonakdar Kent Brown Dorrell Hansen Steve Spickelmier Terry Little Joe Rosenlund Jim Larsen Art Jenkins Errol Morgan Diane Kushlan Randy Lane Q:\Plan&Program\TIP\Responses to Meridian TIF Meeting of Sepl12 2001.doc Page 3 of 3 -% ~ <0 '~ q~/)~- ~, /'_ '? -n. ~~.s/ .~ ~0 ~ J ~~ ~ ~ ~ ?- ~ v \:\ \1J (/ Itrr ~ A I PILJ'( I of- 2. to-.2~-Dl - ;;:Cl &11 >l- / J,.} t+-... JL.--w /J1J.-; - ~..ft. ~ ,-'A~ );>0~~V;; " ) Q-l~ " : ~. ""'~", ~~~ di'ft~~/r'~' :t1 0- w'2.W " fA?q1 s1-oi" t l-ijkt::;> , , 131f ~^ decfl UleW {~ 1\...€.J-V 111~ri cJlA.^ I'\. lo..:., IV " -\.. :f1: ~ ='\ Q. \ :':i... &: II v [~','. .inrl ~ ~ 1"... ~ .:1r -.:st. '.') is- (~ if? q ~/ );t~ ?? /":-' { c "'{ i-f )../1 Cj"l / ~/p,- ... .' , ~ :s -(2 ~. '"\~ ~ '1 f II ~ - n ~ h+J ,A I P6-~< M 2 /0' 2 ~ ..6 ) . s;.. '~'P' ~~ ~ t; ~ ~ ~c ~ ~ ~ . ~ ~ tl . ,,"'-l. ct~ ,- ~--2 ~~;- -~1 ~ i--u ~ o / E 1.(~Clo ;:::;; '-;.. c- ~ ~'~~ ~~ ~t-" ~i~ ~ !\' (i' 9'0-"___ -'" k ' D~^\Y YO -~ ~ hl; S" U-\i) \t"~.. From: To: Date: Subject: Steve Spickelmier Errol Morgan; J Schweitzer; Kent Brown; Terry Little 10/22/01 9:33AM FY 01/02 County Wide Overlays Project NO.802024 ATTACHED IS A UPDATED LIST OF OVERLAYS FOR THIS YEAR. THE TEN MILE CREEK PROJECT IS IN THE FEDERAL AID PROGRAM AND M&O HAS ADVISED ME THAT THE JOPLIN ROAD ALTERNATE WERE O/L'D RECENTLY BY M&O. **TEN MILE WAS REPLACED WITH BARKER COLE TO PLEASANT VALLEY AND THE ALTERNATE ROAD WILL NOW BE FORREY RD. KUNA MORA TO KING Following is the list of projects for this years county wide overlay program. All roads except Linder will receive a minimum 2 inch overlay with fabric. The Shoshone Street sections will have some roto-mill work. The work along Linder will most likely have turn lanes added at State Street and at Chinden on both the north and south legs if it can be done without a need for R/W. Additionally, Linder will be excavated to a depth of approximately 27 inches to rebuild the base and be repaved because of the increased truck loading that is tearing up the pavement. Shoshone Street Shoshone Street Linder Road Linder Road Eagle Road Linder Road 7 ** Barker Road 8 Green Lane Ridgewood Drive 10 Kuna Cave Rd 11 McDermott Rd 12 Swan Falls Rd Overland to Kootenai Kootenai to Rose Hill 500 ft south of Chinden to 3500 ft north of Chinden except Chinden 500 ft south of State to 500 ft north of State except State Kuna to Deer Flat Lake Hazel to Amity Cole to Pleasant Valley McDermott to Black Cat Columbia to Lake Hazel Robinson to 2 miles East Columbia to Amity Top of Bluff above Swan Falls Dam (sub-station) to 2 miles North A ** Forrey Road Alternates: A portion or all of these roads will be added as an additive alternate if the bids for the above sections come in under the budget amount. Kuna Mora to King cc: Chuck Rinaldi; Dorrell Hansen; Duane Hays; George Alton; Joe Rosenlund; John Edney; Randy Noble i I~ Ii ~ '~! [ I!, ; i '~II I ! Iii At,S3 ~ I~ ! } I ~ ,. .[ i ~ If.l : I !~'!~ ' ; ~ ig ~ ~ : '0 :~I~i~j I~ ~ h~'2j ~ ~ I~!e ~ ~ i!~ !iO!O ~~.~-'~ [ i J ~fj ~~i I : : ,'" :~ji~ ~I~ I~ &:~ I~ ~ ~i~,!~ ~ ~~I~I;~ ~~I~li: ~Itt ~ ~ I I; I~ i~ ~I~ 10 1~1~!~i~ I~!~ ~ i ~3 q; : ~ iii ~I; ~!o i~ire !e R :9 ~ i~ ~- ~ ~ I i 2 ~i~ " ~I~I~ ~;~I~ ~ ~I~ ~ *I~: ~i2-i~ l~ '0 i~ Ii S~im ~ 5l )5 ;!~i~ ~:o ~~!~ ~j '~ ~ ~ ~ ~ '~ I~ 1 · ~ :.r .~ ~ I~ ~ ~ ~ .~ ] e I ~j ~ II' I;;; 1m. I~ ; : ~ !~ I::; I I] 'u : i I~ : ~ !~ I 1 ~ II I ~ I ig i; I I I~ I~ I ;;; llHH ~ ii ! i <:i ! ~ ~ ! i ~- ;; t i :1 I ; ! I: , r: 1 I~ ~, ~ .~ : i ~ ~ I ~ i ] ~ ~! I; : !1 j I 5 i- ) i .,f 'i i' II! i : ! :1 I~ ~g: , ~I I~ ii' ! ~: >- Ada Counl'fJJtffhwa'f (J)ijlricl July 21,1999 318 East 37lll Street Garden City, Idaho 83714-6499 Phone (208) 387-6100 Fax (208) 387-639] E-mail: tellus(cU.achd.ada.id.us ftTT bl Paje jot I /0 -.2J -0 I Sherry R, Huber, President Judy Peavey-Den, Vice President Marlyss Meyer Routson, Secretary Dave Bivens, Commissioner Susan S. Eastlake, Commissioner Kristi Pardue Idaho Power Company P.O. Box 70 Boise, ID 83707 RE: School Bus Stop Street Lights Dear Kristi: A second prioritized list of school bus stop street lights has been compiled for installation this year. Ada County Highway District will pay for all installation costs, Ada County will then assume ownership of the installed components, and pay for the maintenance and operation of the lights. This procedure follows the same policy used to install the first list earlier this year. The list of potential installation sites is attached. ACHD has a maximum of $25,000 remaining in the current fiscal year budget for installation of school bus stop lights. All engineering fees and other costs are to be included in this sum. It is understood that all of the lights on the list cannot be installed for this amount. The list is in order of priority, Please work your way down the list, installing as many of the lights as possible, in keeping with the $25,000 budget limit. Any deviation from this prioritized list must be approved by ACHD. Please use metal poles and "shoebox" heads in locations that have' curb, gutter and sidewalk. In other locations, use "cobra" heads and wooden poles. It is understood that all lights affixed to poles currently owned by Idaho Power must be rented. Please address all questions regarding the installation of these school bus stop lights to Mark Clough, ACHD Assistant Traffic Engineer, at 387-6151. Sincerely, Terry Little, r.E. Traffic Department Manager Ada County Commissioners ACHD Commissioners Jerry Nyman, ACHD Director /1/ r &;;. r /!6-C J g /J /? II ~D)Z3. 0) fida L~unt'JJVi hwa'J' ='-.JiJtricf Sherry R. Huber, President Judy Peavey-Derr, Vice President Marlyss Meyer Routson, Secretary Dave Bivens, Commissioner Susan S, Eastlake, Commissioner 318 East 37th Street Garden City, Idaho 83714-6499 Phone (208) 387-6100 Fax (208) 387-6391 E-mail: tellus@achd.ada.id.us September 16, 1999 Truck Route System 1. The truck route system was approved in August of 1999 as a pilot program within the urban areas of Boise and Garden City. In the future, it may be expanded to include additional parts or all of Ada County. The countywide truck route network is proposed for planning purposes but route signing is not being proposed at this time. The need for a truck route system was identified in a transportation planning study completed by ACHD in 1995 and was officially identified in the 1996 Long Range Transportation Plan of the Ada Plmming Association. 2. ACHD established a steering committee to provide direction in the development of truck routes. Representatives of the following entities were invited to be a part of the process: the Ada Plmming Association, Idaho Trucking Association, Idaho Transportation Department, police, and city planning departments. The steering committee developed the basic concepts that were presented to the public. Four public involvement meetings were held. 3. ACI-ID, in consultation with the cities, has identified and approved the truck routes; ACHD will be responsible for the placement and installation of all truck route signs. 4. Each city will be responsible for developing an ordinance to prohibit through truck traffic on non-truck route streets where restriction is necessary and feasible. ACHD will install the signs that prohibit through truck traffic. 5. Discussions has been held with the City of Boise and Garden City to have the necessary ordinances passed to provide the legal basis for enforcement. The cities will be encouraged to use 26,000 Gross Vehicle Weight Rating (GVWR) as the limit on residential arterial and residential collector streets where restriction are placed. Using the GVWR allows law enforcement officers to enforce the ordinances without having to weigh the vehicle. 6. While the typical restriction for residential arterial and residential collector streets will be 26,000 GVWR, local streets may have a more restrictive limit. Many streets already have a 5-ton limit. !J7I.EJ f~'5~ 2 cr{' z )0) 2~Jol 7. A truck route system will not prevent the necessary pick up and delivery operations of a truck within a neighborhood. The truck routing and supplementary prohibition signing will apply only to through trucks. 8. The purpose of the truck route system is to guide truck drivers to the most appropriate routes when they are not engaged in a pick-up or delivery activity in the immediate area. The purpose ofthe prohibition signing is to allow enforcement on streets that are inappropriate for significant truck volume. 9. Trucks/vehicles under 26,000 GVWR will not be directed to stay on the truck route system. This allows a typical step side delivery vehicle to operate without being restricted to the truck route system, 10. Prior to the opening of the Curtis Road extension, an alternative truck route to Curtis Road was established via Fairview, Orchard and Chinden. This is the only truck route currently posted in Ada County. 11, There will be a public hearing on the truck route system on August 11, 1999. This hearing will be held in the auditorium of the ACHD building located at 318 East 37th Street, Garden City beginning at 7:00 PM. 12, Considering the existing weight limit signs on some Ada County roads, the proposed truck route policy will result in five types of roads in Ada County. a. Roads designated as truck routes. b. Roads with no designation, which allows but does not encourage, truck traffic. This category is applied to streets that either do not have any significant through truck traffic or that because of their location in the roadway network, must serve through trucks, Roads (typically residential arterials or collectors) that prohibit all through trucks rated at or greater than 26,000 GVWR. d. Local roads that have specific limitations more restrictive than 26,000 GVWR, such as a maximum weight limit of 5 tons. This applies only to through trucks. e. Roads that have restrictions due to structural deficiencies, such as a weak bridge. 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( t.- O) en >, (J) o :r: o ;: /JrrE,P&lJ~ ?ofg )0-23 -...c?~ ~ (.) ::1 L- I-- -cE Cl) Cl) en... o CJ) c..~ 0(1) L-C) Q.s:; I -- en+-' 0") ~ ~ ~ ~ :J ., t E ~ 2r ~1n W>' OW2 ~~~ ~ l[) <C U5 +-' en 0.. :;::<: ~ ~ ~ Ifrr Ey/& .e..~.~ ,u..-2..3-Q / . r' ~ ,. ~ (2 rt / .Ada County Hii:,.....vay District Seal Coat Areas '(9 Year Schedule) '~ J I , I -_.~":':~..~ Projected Local Road . 1?5~ 01 November 2,2001 Department Reports MERIDIAN CITY COUNCIL MEETING November 7, 2001 APPLICANT Public Work's Department -- Gary Smith ITEM NO. 4 - A - 2- REQUEST Grit Basin, UV Disinfection and Effluent Disposal Project - Addendum No. 1 to Agmt for Professional Services AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached !: Y. /}' tl~~ lFU1Vl PcP/ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. RECEIVED NOV = 1 To: Mayor and Council /5J //'1 ./ !From: Brad Watson, P.E. /7 "" ec: File, Gary Smith, PE, City Clerk's Office Date: 11/01/01 He: Proposed Agenda Items for November 7 City Council Meeting The Public Works Department respectfully requests the following item be placed on the November 7 City Council agenda, under Public Works' Department Reports, for Council's consideration: 1) Grit Basin UV Disinfection and Effluent Disposal Praiect - Addendum No.1 to Aoreement for Professional Services. The existing project will add a second grit basin, additional ultra-violet disinfection and parallel outfall piping to Five Mile Creek. This addendum covers the addition of a non-potable (plant) water pump station and associated piping and electrical modifications. Keller Associates will include this additional work into the plans and specifications for the rest of the Grit Basin, UV Disinfection project expected to be bid in December. The agreement addendum will add a lump sum amount of $9,000 to the design (Task 1), $1,000 to Construction Administration Services (Task 2), and a time and material, not-to...exceed amount of $2,600 to Additional Services (Task 3). The revised Agreement totals would be : Task 1 Basic Enoineerino Services (Lumo Sum) Original $81,210.00 Addendum $9 000.00 New Total $90,210.00 Tasks 2 & 3 Construction Admin. & Additional Services IT & M Not-to Exceed) Original Addendum New Total From the desk of... $44,040.00 $3600.00 $47,640.00 Brad Watson,P.E. City Engineer Meridian Public Works Department 200 E. Carllon St., Suite 100 Meridian, Idaho 83642.2600 ., Page 1 (208) 887-2211 Fax: (208) 887.1297 watsonb@ci,meridian.id.us Recommended Council Action: Accept Addendum No. ito the agreement for WWTP Grit Basin, UV and Effluent Disposal Project, to include the non-potable water system improvements to Keller Associates, Inc. in the added lump sum amount of $9,000.00 for design, and an added time and material basis not-to- exceed amount of $3,600.00 for additional services listed and described in the Agreement Addendum No.1 and authorize the Mayor to sign and City Clerk to attest the Agreement Addendum. Thank you once again for your consideration, Please contact me if you have any questions about this project. ED Page 2 ADDENDUM NO.1 TO AGREEMENT FOR ENGINEERING SERVICES for Design and Construction Administration of Grit Removal, UV and Effluent Disposal Facilities Dated May 15,2001 between KELLER ASSOCIATES, INC. and CITY OF MERIDIAN, IDAHO INTRODUCTION This addendum will expand the original engineering Scope of Work. This increase in engineering services is required because of the additional engineering efforts needed in order to complete the design and construction supervision of the recommended Meridian Treatment Plant Non-Potable Water System Improvements. SCOPE OF WORK MODIFICATIONS The following additions have been requested which have required additional engineering effort and will be additions to items as defined in Attachment A, City of Meridian Design of Grit Removal, UV Disinfection and Effluent Disposal Facilities, Section II - Basic Engineering Services, Section B - Design. The following shall be added to the Design Scope of Work: · Non-Potable Water System: The Consultant will complete the design of the non-potable water system improvements at the Meridian Wastewater Treatment Plant as defined in the October, 2001 draft of the City of Meridian Non-Potable Water System Improvement Study performed by Corolla Engineers. These water system improvements will include the design of a new submersible non-potable water pump station, and various piping and valving changes in the existing non- potable water pumping facilities. It does not include yard piping additions referred to as "long-term improvements" in the predesign report. This design effort shall include all electrical engineering services, required pumps, piping, valving, and water pumping facility controls. This Scope of Work modification will also include additional services necessary for Construction Administration Services and Additional Engineering Services as described in Section II - Construction Administration Services and Section IV - Additional Engineering Services as defined below: · The Consultant shall add the Construction Administrative Services necessary to complete the review of submittals and the construction supervision of the non-potable water system improvements that are described previously in this addendum, · The Consultant shall also provide the Additional Services necessary for inspection, surveying, record drawings, and final start-up and closeout of the non-potable water system facilities, ENGINEERING COMPENSA TION MODIFICATIONS The Engineering Services compensation fees as defined in Attachment B, Section I - Basic Engineer Services, Section II - Construction Administration Services, and Section III - Additional Services, shall be increased and modified as described herein. The increase in the Engineering Services budgets for each tasks is summarized below in the attached table. Original Addendum Revised Scope of Work Item: Contract Fees: No.1 Increase: Contract Fees: I - Basic Engineering Services: A. Pre-Design Consideration $5,276 0 $5,276 B. Design $67,350 $9,000 $76,350 C. Bidding Assistance $8,584 0 $8,584 II - Construction Administration Services: A. Consultant Services $39,496 $1,000 $40,496 III - Additional Services: A. Inspection $24,960 $400 $25,360 B. Surveying $384 $0 $384 C. Record Drawings $1,712 $400 $2,] 12 D. Equipment Data $832 0 $832 E. PLC Programming $6,400 $1,000 $7,400 F. Final Start-Up $4,856 $800 $5,656 G. Contractor Prequalifications Any other additional services will also be provided on an houdy rate basis as requested by the Owner. SUMMARY All other terms of the Agreement for Engineering Services dated May 15, 2001, shall remain unchanged. As compensation for the Additional Engineering work, the original contract fees shall be amended as follows: o Basic Engineering Services Fee Budget shall be increased from $81,210 to $90,210, o Construction Administrative Services Fee Budget shall be increased from $39,496 to $40,496. o The Additional Engineering Services Fee Budget shall be increased from $44,404 to $47,004. In witness thereof, the parties hereto have executed or caused to be executed by their duly authorized officials this Addendum No. I to the Agreement in duplicate on the respective dates indicated below. CITY OF MERIDIAN, IDAHO By: KELLER ASSOCIATES, INC. By: :/ t:~..j I.:ti~ ~"? /James L. Keller Title: Title: President Attested: Attested: Title: By:..Q~ ?no '><:7~ Dennis M. Suihkonen Title: Senior Eneineer By: Date: Date: /0/80/01 KELLER ASSOCIATES, INC. TITLE CODE BILLING RATES January 1, 2001 -- Personnel Hourly Rate Principal: Jim Keller, P,E. $110.00 Project Managers: Rod Linja, P,E, $105.00 Dennis Suihkonen, P,E. $105.00 Susan Burnham, P,E. $96.00 Chief Engineer: David Kinzer, P.E, $105.00 Electrical Engineer: Rosemary Regner, P.E. $60,00 Project Engineers: Donn Carnahan, P,E. $79.00 Jim Mullen, r.E. $79,00 Ryan Adelman, P.E. $67.00 Bryan Phinney, E.I.T. $67.00 F. $61,00 Imn~<: K I p.c1 <:r1P F $61.00 Ross Erickson, E.I.T. $61.00 Grant Sanders, E.I.T. $61.00 Marla Vik, E.I.T. $61.00 Designers: Ian Crane $53.00 Alan Jones $53.00 T cch n icians/l nspection $48,00 Drafting $45.00 Clerical $40,00 Two-Man Survey Crew $85.00 Three-Man Survey Crew $105.00 Mileage Cost $O.3l/mile [01014/1/01-557