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"-..; :-:..:. ;.... /. .... .... ........ ........-..: (" )" ~ . \. September 1 0, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT September 14, 2004 ITEM NO. 5-A REQUEST Approve minutes of August 10,2004 Pre-Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: ~ fI1 Contacfed: Emailed: Date: Staff Initials: Phone: Materials presented at publJc meetings shall become property of the City of MeridIan. (-<-~.. . CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, August 10,2004 at 5:30 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Bill Nary Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discussion of Proposal from Ada County Emeraencv Medical Services: Ken Bowers - Discussed (*15 minutes) 4. Discussion I Presentation on Mayor's Youth Advisory Council: Brandon Berg -- Presented (*10 minutes) 5. Discussion of proposed Solid Waste Committee Resolution: Present on next City Council Meeting (*5 minutes) 6. Discussion of Animal Control Shelter: Animal Adoption Program; Connie Peterson - Volunteer Coordinator (*30 minutes beginning at 6:00 P.M.) Meridian City Pre-Council Agenda - Aug ust 1 at 2004 Page 1 of 2 AU materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for djsabilities related to documents and/or hearings please contact the City Clerkls Office at 888-4433 at teast 48 hours prior to the public meeting. * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - August 10) 2004 Page 2 of 2 AU 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 CJerkls Office at 888-4433 at least 48 hours prior to the public meeting. (. . Meridian City Pre-Council Meetina Auaust10.2004 The Meridian City Pre-Council meeting was called to order at 5:36 P.M. on Tuesday, August 1 0, 2004 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de WeerdJ Bill Nary, Keith Bird, Shaun Wardle and Charlie Rountree. Staff Present: Gary Smith, Anna Canningr Chris Gabbert, Kenny Bowers, Tara Green, Stacy Kilchenmann, Bill Musser, John Shawcroft, Brandon Berg and Will Berg. Item 1. Roll-call Attendance: X Bill Nary X Keith Bird X Shaun Wardle X Charlie Rountree X Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Bird: Mr. President. Nary: Mr. Bird. Bird: I would move that we approve the agenda as published. Wardle: Second. Nary: It's been moved and seconded to adopt the agenda as published. All those in favor, say aye~ ALL AYES. MOTION CARRIED. Item 3. Discussion of Proposal from Ada County Emeraencv Medical Services: Nary: The Chief is here. I think this is prompted by a letter we received about three weeks ago for a proposal. I guess it was a proposal~ I thought we were going to ask them to come too~ Madame Mayor? De Weerd: I had emailed Kenny and I believe I even talked to the Clerk's Office about that. I didn't call. Bowers: I did not either Mr~ President, Madame Mayor and City Council members~ I tried to get a hold of them today and it was too late for them to come tonight, but I can give you kind of highlights of a presentation of what they have (" Meridian City Pre-Couri;L,~ Meeting Aug ust 1 0, 2004 Page 2 of 12 talked about. Several years ago, the Mayor and City Council approached Ada County EMS about bringing over an ambulance and putting it in our area. For some reason we just wasn't able to get together to bring a car over in this area~ After building the new station on Franklin Road, Madame Mayor and myself and several of us sat down with Ada County EMS to discuss bringing the ambulance over and running it out of Station 1 on Franklin Road. It just didnJt serve their purpose at that time. So, here we are three to four years later without an ambulance in our area still. Several weeks ago, Troy Hagen, which is the director now, which took Mike Roberts spot approached us and wanted to meet with us about possibly bringing a car over and putting it in Station 2. The discussions were at that time that I would have to get with the Mayor, the City Council and the Rural Commissioners just to see what their thoughts are in this and if there was still a go on this we would need to an agreement, an MOU or some kind of contract stating what they are going to do in our fire station, what they are going to provide and the whole works. We have discussed about them possibly buying paper works, hand towels, stuff like that when they come over. We do have room for them at Station 2~ We do have the conference room that we could convert over. They would bring their own beds. They would bring their computer. They would put in the phone line so there would not be any expenses to the Meridian Fire Department, per se. Several weeks ago, Troy, Shaun and Mike from Ada County EMS met with Bill Johnson and I and sat down to try to hammer out an MOU for you people to look at. At this time we just received it last night, Bill Johnson said, so I have not got to look at it to see what's all in it. They would like to be at Station 2 because of the response times to that area is the farthest away. They come from St. Luke's or from the Whitney Fire Station on Overland Road or the other car that comes into our area is from Glenwood, so there are quite a few miles to get to this area, so they would like to put like I said a car in Station 2 to cut down that response time. They would like to do that anytime. I mean they are ready to move in today, if possible. I said there was no way without a MOU or a contract. This would be a full-fledged ambulance with a one-person supervisor is what would be with the paramedics. Our discussion then went to the part that our firefighters would be out of service on every call then driving the ambulance to the hospitaL I told them we could not possibly do that at all} so they would have to respond another ambulance to the call for transport. My thoughts of having them in our quarters at this time~ I told them, they really put me in a hard spot now because all of sudden they have showed up after we have discussed about putting on paramedics. Of course, they did not discuss that that was reason they are here, they are here because of the response times. I wanted the City and the Rural Commissioners to have an idea what we have been discussing about, what we have got in our ideas for this. I just didn't want them to show up one day and say hey we are moving in and you guys would sit there with your mouths dropped open like how come or what for? There are many questions that will need to be answered yet. In an MOU of what they are going to pay for, basically, some rules and regulations of what they are going to do during the day. They are going to have to help out with cleaning (...... . f t . Meridian City Pre-Counc.i .\I1eeting August 1 0, 2004 Page 3 of 12 purposes around the fire station. Is there any thoughts or questions on your part? Without seeing an MOU, I realize you can't decide on anything. Nary: Council, do you have any questions? Bird: Mr. President. Nary: Mr. Bird. Bird: I believe we really need to look close at bringing it in, I thinkr for our taxpayers if nothing else, just for the locality of it. Still, I don't think it's something that needs to take place of us hiring paramedics if we get a chance to. Having been able to sit in with the Rural Fire District when this was presented, they - ifs amazing that we have been after them for 1 0 years to get here and all of a sudden they are right here and ready to drive in. Butf they have went under a new administration, too~ Mike Roberts retired and new people are in and on board. That might do it. Butl I think it's something that we definitely need to look into just for our tax payers - the benefit of our tax payers to cover out there on the west side of our district. That's all. That's my main concern is just what our citizens need and I think this is a definite need that we need. Nary: Mr~ Wardle. Wardle: Mr. President~ Chief, you mentioned that this is something that they would like to do right away. Is that correct? Bowers: That is correct. They were ready to move in last month. Wardle: Okay~ My thought process is even though we are hiring paramedicsf we are not going to have them hired and fully trained until, I believe December of next year and so I think something - this is definitely worthwhile and would be a good partnership. Regardless of our timeframe, if we could get a MOUI which my thought would be a year to year understanding so that we could re-evaluate that in our next year. Chief, would you need any additional budget expenditures to make this happen? You mentioned that they are going to cover most of the other costs. Bowers: Yeahr not at this time there would not be any extra expenses at this time~ Mr. President, I would make one thing clear, this would not be just a Meridian ambulance9 I mean, it would have to go to Star if had to go or fill in other places. It would not just stay in Meridian. Rountree: Mr. President Nary: Mr. Rountree. Meridian City Pre-Counc.. Meeting August 10, 2004 Page 4 of 12 Rountree: Chiefr what was the reaction of the Rural Commission? (::: . Bowers: The Rural was that they are interested too because of their response times are way out there. I mean, they are farther than the cities of course and they wanted to look at it very close too and get some kind of a MOU for sure before they move inJ but they were for this too. Rountree: A favorable response? Bowers: Yes. Rountree: Thank you. De Weerd: Mr~ President. Nary: Madame Mayor. De Weerd: The Rural had some of the same concerns we initially did to make sure we had the Memorandum of Understanding, make sure the State knows during our application process that we are pursuing the paramedic firefighters and this shouldn't impede on that progress and that it wouldn't be solely dedicated to Meridian. It is a countywide service, so I know in their other arrangements, however limited those are they haven't had to do the MOU, but we have a comfort level that would be accommodated with an MOU in place. So, I appreciate that Kenny and his staff is moving fOlWard on getting that, but as Councilman Bird has said it is very important that our citizens have that level of service. I know it's been a conversation since I have been on Council that they were going to do that~ So, ifs nice to see and however suspect the timing is that it's actually going to happen. I guess, KennYJ when you have something up did you talk to Mr. Nichols before he left? I am sure you can get it to Chris and his office. Bowers: That's for sure. Mr. President, there are also in their budget they are going to be hiring some new personnel after October and they are going to move into Station 1 0 on Cloverdale and McMillan - Boise Fire Station 1 0 and also if they have enough people that they have hired they would like to possibly go into our Fire Station 3 around the first of the year. But, thafs just speculation at this time because of their budget Nary: Chief, do you have enough direction to go forward from this point? I guess (inaudible) will be waiting on a MOU and we will then have another discussion about that. Bowers: You betcha. As soon as we get the MOU and we will get it shipped over to the two attorneys and we will look through it. (. Meridian City Pre-Council Meeting August 10, 2004 Page 5 of 12 Nary: Great, thanks, Chief. (.~-.~. . Bowers: Thank you very much. Item 4. Discussion I Presentation on Mayor's Youth Advisory Council: De Weerd: Mr. President. Brandon has been in front of us before talking about the Meridian's Promise. Tonight he is here to talk about what he has done informing the Mayor's Youth Council and then before he leaves I would like an opportunity to speak at that pointr too. Nary: Certainly. B. Berg: Thank you, Madame Mayor, Mr. President and members of the Council. This is the second of my large, exciting projects that I got to work on this summer and first I think I just discussed what a Mayor's Youth Advisory Council does and also the current efforts that we have going on at the schools right now in order to get students involved with this and make sure that the program is successful. So, first what exactly does this program do? Last week~ Tammy and I met with members of the Meridian School District, Barbara Leads the Director of Secondary Education and the principals of the area high schools. We talked with them about the benefits of this program so that we can get them on board and we talked about not only the benefits for the adults, but the benefits for youth. Some of the benefits that we see that the city has a vital interest in and the school has a vital interest in is that one of them is that we are able to build relationships that break generational boundaries~ When we youth that come in that are going to be working with the Mayor on issues that are important to them that breaks down that wall that often gets artificially built up that adults donJt want to help youth and the youth are just trouble makers that have nothing to do - those types of stereotypical rotes are really broken down with this type of program. Another thing is that youth feel valued and I think thafs one of the most important things is that this is not just a council that just is like you okay that's nice, you guys talk about things, this is something that I know the Mayor is committed to actually listening to what the youth had to say because we feel that the youth are going to bring ideas and topics for discussion that just are not on our radar screen whatsoever. Things that we just have not mapped out as being on our agenda. That is something that is really important and when we take what the youth have to say, we look at it and it doesnJt necessarily mean that they get everything that they want, but it means that we are going to actually look at the concerns of youth~ Some of the dynamics of the program that we have specifically outlined, make sure that we have a diversity of youth represented. The voting members are going to consist of 15 youths from the area high schools and they - one spot is designated for every high school within the city limits of Meridian and then the rest are at large. So, we will get - make sure that we have representation from every high school. We have been in contact with all of the high schools including the Charter Schools and Cole Valley Christian making (. .. . ( Meridian City Pre..Councu. Meeting August 10, 2004 Page 6 of 12 sure that everyone in our community is rep resented J which I think is really important. The current efforts that we have going on is high school registration is going on right now and we have booths set up at all of the high schools that have these pamphlets and applications available to the youth and their parents. We thought it was a great opportunity for us to get the word out about the program and all of the school principals were very supportive in this effort The second opportunity that I have been discussing with school administrators is the opportunity for the Mayor and members of the Council to go into the schools and talk about civic engagement. They can talk about it a lot on national levels and things like that, but I think that it would be really valuable for this program and for the city as a whole if the Mayor and members of the Council and other reactive members of the community, where do they go in and spend time with the youth in a 20 minute presentation type format where you could talk about the opportunities that do exist for youthf ways that they can be involved and not only that if they are dissatisfied ways that they can change their community~ A real empowerment session, not something that's on the natural scale that seems very distant, but something that's very close, very real. I think that type of connection that can be built really shows that the city cares what the youth thinks and they also care that they are involved in what's going on in our community~ I think that's something that's very important Just to jot down a couple dates that have been thrown around between the different schools - be looking at about the middle of September for possibly doing this - September 13th, 14th, 15th - right around in there. So, clear your schedules and- De Weerd: I don't see any of you writing it down~ B~ Berg: They will look at it in the minutes. I know. That date has been kind of thrown around as those dates as a time when hopefully we can gather, get like the last 20 minutes of one class and the first 20 minutes of the next and get a grouping of students, so we are not in every classroom, but a ton of students will get to hear the message and learn how they can be involved in their community~ I think that's really important to the success of this program. The final thing I want to talk about is exactly - I was hoping we would have an ordinancef but that all got in the shuffle and Tammy will carry on with that once I am gone, but that will be before you. We do have the bylaws written in drafts right now. Joe Barten has worked on those with us as we've put this program together. We have had members of the delegates that we had go to the Idaho Youth Leadership Conference that I talked about that last time that I spoke with you. They have looked over these things, they have given their input and suggestions and the idea of the registration was a suggestion that was made by one of the youth that we target this time and period of registration where all the kids have to flow through the high school as a time to get some attention to this program. So, youth have already greatly contributed to this program being a success and I know we have sign up sheets just to build a general youth database at our (inaudible) as well and I know we already have well over 30 names of those who want to know more about how they can be involved in our community~ ThatJs Meridian City Pre-Council Meeting Aug ust 1 07 2004 Page 7 of 12 only after a day of senior registration. SOl those who on our scale who feel the feast valued and the least connected and ready to move on according to the Search Institute survey that was compiled in 2002, we have 30 of those in our community who want to participate more. So, (look for even larger numbers and really building a base of youth that will be supportive of this~ As you can see in our pamphlet, the general timeJine for this is the applications will be received by September 30th! then we will have a selection committee, which includes the Mayor and a member of the City Councill so if any of you are urging to volunteer some time to look over some applications of very interested youth and then they will be notified and hopefully we will be able to present the Mayor's Youth Advisory Council, hopefully they will all be able to attend the, I believe, the October 31 st City Council meeting. That's kind of our hope, our target date of getting everyone here and so they can be introduced to you and they can get to work on the issues that are important to them. Any questions about the program? Nary: Council, any questions? Rountree: Mr. President. Nary: Mr. Rountree~ Rountree: What kind of response are you getting? B. Berg: Good~ I would say when we are looking to fill 15 - well, let me share with you this anecdote story. The Meridian Medical Arts Charter School, preview the focus of their entire registration. They are going to be broadcasting a Power Point presentation about the Mayor's Youth Advisory Council in their common area where they have - it will be - on an entire wall - they will be broadcasting a presentation about it and as well as probably 50 pamphlets have been handed out and applications have been taken at last that I checked this morning. So, I think the response is really good right now and I think the tours of the schools in September will really help to solidify that There is also the brochure and the application will be available on the City website. That's out of our hands now, so whenever that gets up and running they have all of the information to put up there. I think it's good. There is a lot of information being disseminated to individuals. De Weerd: Mr~ President. Nary: Madame Mayor~ De Weerd: I just wanted to add to that - Brandon's energy and enthusiasm about this seemed contagious. When we met with the principals, they were very enthusiastic and asked some very good questionst but they will certainly be advocates to this pr~gram and supporters of empowering these youth as well. t Meridian City Pre-Council Meeting August 10, 2004 Page 8 of 12 With 30 kids indicating an interest in just one registration for one class level, thatJs a pretty good indication of what kind of interest is being generated and again the principal at the Medical Art's Charter School was just so enthused about it that I think he overwhelmed Brandon with his idea of putting this Power Point up on the wall of the school and being a real avid supporter and already is recruiting the student of his choice to apply and it's been exciting to see just the reaction of several of the people we have talked to and with Joe BortenJs involvement as welL ( Nary: Brandon, you said there was a slot for each of the area high schools.. Does that include the Academy as well? B. Berg: Yes, it does. Nary: Great. B. Berg: We actually - I would say our most active youth that I have worked with this summer has actually been a student at Meridian Academy, who is serving as a secretary for Meridian's Promise~ She has been really great and helpful. Nary: Was it the 13th, 14th and 15th? B. Berg: Yes. Nary: Yeah, I wrote it down. Council, is there any other questions? Bird: I have none. Nary: Brandon, thank you very much. De Weerd: Brandon, we would just like to thank you as the initiating class of the Mayors' summer interns and the tremendous energy you have put into the effort of our youth initiatives. But, you know it's a small token of our appreciation, but I would like to present a plaque to you and thank you for a job well done~ B. Berg: Thank you all very much for the opportunity and allowing the Mayor to have these interns in our office. ifs been an amazing experience~ This project is not dying, hopefully at my school we are going to be developing kind of an institute of politics so that we will be placing students from Lewis & Clark college back in their home communities throughout the northwest. What you have done here hasn't just stayed here; it's spread rather quickly. The department chair at Lewis & Clark for political science is very excited about this opportunity, so one little spark is all that it took and I think that many communities are going to benefit from it So, thank you again. De Weerd: Mr. President. (~.~'..:... . Meridian City Pre...CounclI. Meeting August 10, 2004 Page 9 of 12 tOO .... ~. Nary: Madame Mayor. De Weerd: One last saying is as Brandon wraps up this week, we do have a luncheon on Thursday and that you are all invited too to send of our summer interns. But, also that in the last Executive Board meeting for Meridian}s Promise that the officers even went so far as to ask that Brandon}s email account be kept active so that they can keep in touch with him on their efforts and have a way to kind of still tap into his energy and his ideas and that just speaks volumesl Brandon and to the Council as to how well he has represented our community. Thanks again. Item 5. Discussion of proposed Solid Waste Committee Resolution: Nary: I guess, Council is there any questions about the resolution or the proposal of the Adhoc Advisory Committee and makeup of it? Bird: Mr. President Nary: Mr. Bird. Bird: Reading through it, I - let's get it on the next consent agenda. ItJs very nice. I certainly appreciate it (Inaudible -------). De Weerd: You haven't seen it? Nary: It's a three-year non-permanent adhoc committee with five members which will consist of the Public WorkJs Director designee, Municipal Billings, System supervisor. Planning and Zoning Commission Chairman and addition there is a Council member, a resident or property owner that receives solid waste service will be essentially an advisory committee to meet with your organization to, I guess~ talk about changesl talk about programs and the like. Does that makeup sound appropriate? De Weerd: Mr. President Rountree: Mr. President, I was just going to say that the resolution is very much inline with the way the group was previously organized and functions and we continue to function even though we don}t have the resolution and direction from the city to function that way. But, the group is made up that way, they continue to make recommendations and look at solid waste issues, recycling issues>> public notification issues about issues of pick UPl can weightsJ you name it we have talked about it and I think getting it formalized this way was the appropriate thing to do. ( Meridian City Pre-Council Meeting August 10, 2004 Page 10 of 12 Nary: Great. We will ask to put that on the agenda next week, Mr~ Berg. ( Item 6. Discussion of Animal Control Shelter: Musser: President Nary, Madame Mayor and members of the Council the first thing I have for you at this point is a press reJeasef which was issued out today to our local media resources, which did include the Idaho Statesman, the Valley Times, Channel 6, Channel 7 and Channel12~ The only that was missing out of that was Channel 2 and I do have a copy here for you on what we presented~ The long and short of it in terms of the release was that we initiated a dog adoption program today and we named a volunteer coordinator and that would be Connie Peterson, one of the folks that we'd had contacted us after the initial article in the Statesman and we are subsequently moving forward to put together a volunteer based adoption program for use out at the pound, so that we can expand our avenues on getting dogs out of that area so that we don~t necessarily have to euthanize them and that will be coupled with our current efforts already to foster dogs Dull those dogs that find homes by the constant and continuous efforts of our animal control officers such as Brenda who is in the audience and Leah Osborne who was working today and then also with the rescue organizations that they use for a specific breed of dogs as well. SOl this will just give us one more avenue to be able to move forward in our efforts to take care of dogs here in town. Nary: Council, any discussion? Seems great to me. Madame Mayor, I am sorry. De Weerd: Mr. President I just want to let Brenda know and if she would share it with Leah their love and care of the animals that is very worth noting, they definitely have a love for them~ The statistics you see in the press release is a great testament to how hard they try and get these animals placed and found families for of the (inaudible) that were euthanizedf none of them were healthy dogs. It really shows that their commitment to making sure that the pets are found adequate homes and well taken care of with a shoestring budget and definitely appreciate the efforts that they put into their jobs are kind of over and above. Nary: My only comment, Chiefl too is that ifs nice to see that the folks in our community really stepping up and wanting to be of help and try to help solve a problem and making it a community effort. I think it's great and I appreciate your effort in getting that organized and done so that we took what seemed to be a problem a few weeks ago into really a solution that, I think, is a great opportunity for this connection with the community and I appreciate Ms~ Peterson for wanting to step into that role and the other folks that are also willing to help I think ifs a great testament to them as well. De Weerd: Mr. President. Meridian City Pre...CounclI Meeting August 10, 2004 Page 11 of 12 (... Nary: Madame Mayor. De Weerd: I guess as the Chief and probably Brenda could attest that the few volunteers that actually came out of this effort have a lot of great ideas and a lot of energy and probably similar attitudes towards the whole situation that our animal control officers do, so I Jook forward to seeing the direction that this goes into~ I also had a meeting with Melissa Delaney and Cherie McCandless who are working with our volunteer programs and they are very excited about the potential that's being created in this area as well. So, it sounds like the Chief has quite a qualified team that we should be seeing some exciting things come from them. Musser: Madame Mayor, members of the Council one of the primary focuses that Mrs. Peterson has at this point and she made note of it earlier today during our press conference was to see if one of the first things that she could do is find the funding and resources available to get donations in so we can air condition the pound as well. There was some concerns there about ventilation and also she is setting that one up as one of her priorities in conjunction with establishing the volunteer program for a adoptionsJ most of which would probably be from a calling tree at this point in trying to utilize some of the web-based access that we are going to be seeing coming with our new city web format as well. We are going to try and use the resources that we have available and move forward with that. Rountree: Madame Mayor. I guess this is Mr. President's meeting. Excuse me. Nary: Mr. Rountree. Rountree: I just wanted to echo the president's comments to the Chief and I appreciate your efforts very much. A comment to Brenda that I know how enthusiastic and wrapped up in the love of the animals and the work that she does for the city. I will make one note that we have met this issue, but the real issue is the owners of these animals. Our homeowner's association several months ago asked Brenda to come and talk to us about dogs and dog issues in Meridian and those sorts of things. I got to tell you that if you invite her, have her be your whole meeting because she will take up your evening talking about dogs and what great friends they are. But the kinds of things that folks need to be aware of in taking care of their animals and I would encourage this volunteer group to utilize those resources as best they can and to the extent that you are willing to do that, to get involved in neighborhood associations and get out to the people who are the owners of the animals that we are having to take care of. Butl again, thank you. <' ~.. {< . \, Meridian City Pre...Councu.Meeting August 10, 2004 Page 12 of 12 Nary: Well, since that didn't take nearly as long as we thought it would when we scheduled this two weeks ago, Council, I donJt think we have anything else on our agenda tonight. Bird: Mr. President. Nary: Mr. Bird. Bird: I move we adjourn the Pre-Council. Wardle: Second. Nary: ItJs been moved and seconded to adjourn the Pre-Council meeting of August 10th. All those in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT6:15 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~ ,1'1-, tl+ , \,\~Y;Q~III DATE APPROVED \ \ , A. IfE I, / ,,'l~\~ Of r~i RID 111/1 ~~r~ PQb ~A.. /~ ,$ V o~ fl~ 't; .. Ii' ~ ~ ,0 .$'0 ~ ~ ~ ::: ~ ~ S~ES ED= ~ -y~ ~ ff WilliAM G. BERG, J -:'...~...o Gu A\ 0 ~ ..~'6 '8.,.. 1 $\ 11 ~ ~~ ~>. ;!>~"t ^ ~.. ~~ ~'/. c~o' jo. . ,I \V \,-' ~ .-'<. ...J.uNT -l. 1 \ \. .//"J ", \\" ~ '.\ . ~ I H t n \\ \ \ ('. \.~. . (... ;:~\ . CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, August 10,2004 at 5:30 p.m. City Council Chambers 1. Roll-call Attendance: 1- Shaun Wardle )( Bill Nary --X- Charlie Rountree X Keith Bird . X Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discussion of Proposal from Ada County Emeraencv Medical Services: ( k~~ BIJ1wcl-s) p(tJcuJ,f-.~~ (*15 minutes) 4. Discussion I Presentation on Mayor's Youth Advisory Council: (*10 minutes) (l3raMtn'v' 13~1-fJ) fJre.t:erv-kA/ 5. Discussion of proposed Solid Waste Committee Resolution: (*5 minutes) pre J~-t I tX.. 0Yv ~-(.'tJ1:- Cjiy CtPt(,n ~ Pt ~ 6. Discussion of Animal Control Shelter: ( /!;/-Il fJl<<~f.(J-) (*30 minutes beginning at 6:00 P.M.) ,1t^/h~ Ivl t:tti()fJ'P~ /Jrf!Jrran-.J CPh",,,"e P..eI-f/t,J-~ - V-t1{Wh~ CCQI-?(Inp!v-r- * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. MeridJan City Pre-Council Agenda - August 10f 2004 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. August 6,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT August 10,2004 3 ITEM NO~ REQUEST Discussion of Proposal from Ada County Emergency Medical Services AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached s~~ rS (/ft'S Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian.. ( ( (":. . \. . August 6, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT August 10,2004 ITEM NO. 4 REQUEST Discussion / Presentation on Mayors Youth Advisory Council AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERI DfAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETfLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shaJl become property of the City of Meridian~ (...: C:-.. . Mayor's Youth Advisory Council City of Meridian Tammy de Weerd, Mayor 33 E. Idaho Ave. Meridian, 10 83642 208-888-4433 All aDDlicants must reside within the city limits or the area of impact of the City of Meridian. Return the completed application to Meridian City Hall no later than Thursday" September 30. Please answer all questions. Incomplete applications will not be evaluated. Name: Age: Address: City: Home Phone: State: Zip Code: Cell Phone: Email Address: High School: Grade: School Counselor: Phone: How did you hear about MY AC? What school sanctioned activities are you involved in? (This includes athletics, clubs, advanced courses and other extracurricular activities.) Please include all positions you have held in these organizations as well as any honors or awards you have received. What clubs and activities are you involved in outside of school? (This includes church groups, community organizations, etc.) Please include all positions you have held in these organizations as well as any honors or awards you have received. page 1/2 ~~~~~~ Q) .. ,. 0 :!. 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MAYOR'S YOUTH COUNCIL OF THE CITY OF MERIDIAN, IDAHO (By-laws) WHEREAS the youth of the City of Meridian, Idaho (hereinafter "the Cityn) constitute an underutiJized resource of ideas, knowledge and experience with respect to the City and its affairs; and WHEREAS the Mayor of the City of Meridian (hereinafter Uthe Mayor") desires and seeks input from the youth into the affairs and issue of the City through a Mayor's Youth Advisory Council; and WHEREAS the students of Meridian area high schools are willing to devote their time and energy into improving the City and the community and to encourage local youth to become more familiar with the workings of /.~~~aJ government through education ~ :;:'::}~t::::::.::... .:::-:::---=:.\-:::- and participation through the Mayorts Youth Advj~9~~~~2uncil; ~(.......~...z::~~ .^:t.::~;::: NOW THEREFOREf the Mayor and th~~~,"~ft~~ C~~hcil of the City of Meridian .yFlf0>lttU~~", <:,~\? hereby establish the Mayor's Youth AdvisorX0 ~~oflLJnGJ.lillr9nd adopt the following By-Laws. 6,Bfl;Jm~k~~')4k (t~~1' ,f':RTICL]:;~L .<tNTENT -.~-::.:-"y~ -<<''-=.1' The intent in preparing and ~~0J~tiJJ~~1f these By-Laws is to provide a framework for ~~{jE:\?lt>f organization of the Mayor's Youth Advi~~ry Council, its actions and agenda. It is not the intent of the City, or the officers and members hereinafter described to create a legal entity of any sort including without limitation, a corporation, non-profit corporation, limited liability companYf partnership nor any other business or quasi-public entity~ ARTICLE II. OFFICES The principal location of the Mayor's Youth Advisory Council shall be at the Office of the Mayor, 33 E. Idaho, Meridianf Idaho 83642. The Mayo(s Youth Advisory Council may have such other offices as the Executive Committee may designate or as the business of the Mayor's Youth Advisory Council may require from time to time. BY-LAWS Of the MAYOR'S YO.UTH ADVISORY COUNCIL- page 1 (.'.'~.'.. :. (/'.-:..... . \........ . Section 6. Proxies. At all meetings of members, a member may vote by proxy executed in writing by the member. Such proxy shall be left with the secretary prior to or at the time of the meeting. Section 7. Membership. Membership on the Mayor's Youth Advisory Council shall be comprised of fifteen (15) students who live within the city of Meridian, and which shall be allocated as follows: one student from each of the following seven high schools (Mountain View High School, Meridian Academy, Centennial High School, Meridian Charter High School, Cole Valley Christian High School, Meridian Medical Arts Charter High School, Meridian High School) and eight (8) at-large members who may come from any of the above-referenced high schools. All fifteen (15) members shalf attend all meetings. Section 8: Selection. A selection committee shall choose each fall the membership from applications prepared by interested studen~s~ The selection committee shaH ~~:f:'::::).> ~ -.: ~ ~ consist of six persons: the Mayor, once city coun~jl ~;.~'[1ber, two members of the youth \q~%~~:~~~ '~~~Mlt~. . council, one member of the Meridian Chamber ~~t?~~~rn~Fee, and one at-large Meridian hql!t~'~:':':+l~H\ {~A~t~~~ resident. The term of membership shall rtga:Ir~~t~11l"~~1t!).19year, and no member shall be permitted to remain on the Mayor's J;~klili~~&~~~!s15hy"touncil in excess of three (3) years. .;0;d.... <~~y.~....."!t -:-0~--:;:"}. Section 9. Termination of mem~itship.~0t{\riy1>member of the Mayor's Youth Advisory ~~~~~"f> Jt,Yf Council may resign at any time, pr0~\ip~Jrf: however, that you courtesy and efficiency '0~%n~~y~' purposes, notice of resignation shaH be~ in writing and copies given to the chairperson, the administrative vice principal of the school such resigning member represented and the Mayor. Any member of the Mayo(s Youth Advisory Council shall be deemed to have voluntarily resigned his/her membership automatically upon the occurrence of any of the following: (1) failing to present at any three or more monthly meetings, even if prior notice and reasonable excuses have been provided; (2) failing to be present at any two or more monthly meetings without notice and/or a reasonable written excuse provided to the chairperson prior to the next meeting; (3) failing to be enrolled at his/her respective High School; and (4) failing to maintain good standing at the school in which such member is enrolled; providedJ however, that a graduating senior may retain membership on the Mayor's Youth Advisory Council through August following such BY-LAWS Of the MAYOR'S YOUTH ADVISORY COUNCIL - page 3 (v.~..... c. the principal office at the Mayor's Youth Advisory Councilor at such other place as the Executive Committee may determine. Section 5. Notice. Notice of any additional or special meeting of the Executive Committee shall be given as outlined about in Article I I I, Section 4 of these by-laws. The notice shall specify the purpose of, or business to be transacted at, such a meeting and the agenda thereof. Section 6. Quorum. A majority of the number of executives fixed by these By- Laws (i.e~: two) shall constitute a quorum for the transaction of business at any meeting of the Executive Committee, but if less than such majority is present, the attending executives may adjourn the meeting. Section 7. Election and Term of Office. The executives to be elected by the members shall be elected annually by the members at the first meeting of the school year. Each executive shall hold office until resignation or termination in the manner · · &t> ~~24~M~.~ herein provided. ~{:\, _.P,~~~j~h .::tJt:Y"....r~~> ~:::1::::"} Section 8. Vacancies. Any vacancy <2~~~~jir~~1io\1 the Executive Committee Efh~{gnh0 .~~~ because of resignation, removal, disqualifj.~~a.~,oW@b~~~therwjse shall be filled by secret ballot of a majority of the remaining..0oo~rrf~~rs 'f[;b{~e Mayor's Youth Advisory Council. i~~JfftAL<-{f%qTIlh~ ~sf4n>fu An executive so elected to fill a ~~~ancy~0i0~1~alll9be elected for the unexpired term of the f~:r>;').~ ~01= predecessor in office. ~<~4~ntc 6J'~ 1Vftlithttf Section 9. Powers and Duties. ~v The powers and duties of the several officers shall be as provided from time to time by resolution or directives of the members. In any event, the chairperson shall preside over and conduct all meetings of the Mayor's Youth Advisory Council and of the Executive Committee, determining agendas for the monthly meetings of the Mayor's Youth Advisory Council and the Executive Committee, act as spokesperson for the Mayor's Youth Advisory Council, act as signatory on all documents for which the Mayor's Youth Advisory Council provides authorization to sign, delegate authority to any executive or member of the Mayor's Youth Advisory Council if circumstances so warrant, and act upon any other matters and in the manner authorized by the Mayor's Youth Council. The vice-chairperson shall act in the place of the chairperson upon the chairperson's absence or inability to act as authorized herein, BY-LAWS Of the MAYOR~S YOUTH ADVISORY COUNCIL - page 5 $ (roo ... repeals first be authorized by a two-thirds (2/3) vote of all members of the Mayorfs Youth Advisory Council, and provided further that vote by proxy shall not be permitted. The foregoing By-Laws were regularly adopted at the meeting of the Mayor's Youth Advisory Council, and thereafter ratified at the meeting of the City Council of the City of Meridian held on the _ day of October, 2004~ These By-Laws shall be effective as of the _ day of October, 2004. Executive Committee member Executive Committee member Executive Committeeman BY-LAWS Of the MAYORJS YOUTH ADVISORY COUNCIL - page 7 r~ f' ~ \ t r,.~ (\c --n(\ f\ tY""\ II S , \ r \ ~ Ct t~ ~/."... ,J(,IS t .ra' pLLobl1 ~ ~ 0 l \ ~ (n...'.. - \ ~ \ U\l \ ~ .f. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, August 10,2004 at 5:30 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Bill Nary Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discussion of Proposal from Ada Countv Emeraencv Medical Services: (*15 minutes) 4. Discussion I Presentation on Mayor's Youth Advisory Council: (*10 minutes) _--;,.5. Discussion of proposed Solid Waste Committee Resolution: (*5 minutes) ~ ~: ........... 6. Discussion of Animal Control Shelter: (*30 minutes beginning at 6:00 P.M.) * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - August 1 0, 2004 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabiltties related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the pUblic meeting < ~.... ~<. erldltin:~~j~~ ~'\~~, ~I ;Y Y ~ Qtl'''t r 0 ~'63 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Willianl L. M. Nary I<eitll Bil.d Charles M. Rountree Shalln Wardle CITY DEPARTMENTS Fire 540 E. Fran](]ill Road 888-1234 / fax 895-0390 Pal.!<S & Recreation 11 E. Bower S.tl~eet 888-3579 / fax 898-5501 Planning & Zoning 660 E. Waterto\ver Lane Stli te 202 884-5533 / fax' 888-6854 Poli ce 1401 E. Walertower Lane 888-6678 / fax:.846-73 66 Pllblic W014}<S 660 E. Wa tertower Lane Sllite 200 898-5500 / fax 898-9551 - Building 660 E. Watel~tower Lane Sui te 150 887-2211 / fax 887-1297 - Sevver (WWT_P) 3401 N. Ten Mile Road 888-2191/ fax 884-0744 - WateI' 2235 N 4 W. 8 th Stl~ee t 888-5242/ fax 884-1159 10 i~\H 0 NOTICE OF PRE-COUNCil MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East IdahoJ Meridian, Idaho, on Tuesday, August 10, 2004 at 5:30 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: -- Discussion of Proposal from Ada County Emergency Medical Services - Discussion / Presentation on Mayor's Youth Advisory Council -- Discussion of proposed Solid Waste Committee Resolution - D~cuss~nofAnimaIConuoIShefter The public is welcome to attend the meeting. DATED this 6th of August, 2004. I ... ..:::- :..:: ~~ X~1Ij. .::......... 1;,~~' . .. ..-:' · CITY HALL 33 EAST IDAHO A\fENUE rvlERIDIANJ IDAHO 83642 (208) 888-4433 CJTY CLERK-R-\X 888~4218 HU~[AN RESOURCES _FAX 884-8723 FINi\NCE & UTILITY BILLING -Ff\X 887.4813 MAYOn'S OFFI<:F:- FAX RR4-R 1 f () ( !) ( . . ** TX CO~... ~AT I ON REPORT ** AS OF RUG 06 t 04 1 ~. PAGE. 01 CITY OF MER[DIAN DRTE TIME TO/FROM MODE MIN/SEC PGS CMDU STATUS 10 08/06 18:45 3810160 EC--S B0'38u 001 174 OK 11 00/06 18=46 PUBLIC WORKS EC--S eat 26u 001 174 OK 12 08/06 18:47 12064664405 EC--S 00' 27u 001 174 OK 14 as/a6 18:50 8841159 EC--S 00J:26u 001 174 OK 15 08/06 18:51 2088840744 EC--S 00'26u 001 174 OK 16 08/06 18:52 POLICE DEPT EC--S 00- 26u 001 174 OK 17 08/06 18=53 8985501 EC--S 00' 26 HI 001 174 OK 18 08/06 18:54 LIBRARY EC--S 00'31u 001 1?4 OK 19 08/06 18:55 92083776449 EC--S 00J25U 001 174 OK 20 00/06 18:56 200 388 6924 EC--S 00t32" 001 174 OK 21 08/06 18: S7 2088886854 EC--S 00 I 25~' 001 174 OK 22 08/06 18: 58 208 895 0390 EC--S 00' 26Jt 001 174 OK 23 08/06 18:59 128300e40 G3--S 00t291t 001 174 OK 24 00/06 19: 00 208 387 6393 EC--S ee'26u 001 174 OK 25 08/06 19: 01 ADA CTY DEUELMT EC--S 00t26U 001 174 OJ< 26 00/06 19: 02 8885052 EC--S ea' 26~' 001 174 OK 27 08/06 19:33 CHERRY LANE G3--S 00J 42'" 001 174 OK 28 08/06 19:05 IDAHO ATHLET1C C EC.....-S 00t26'" 001 1?4 OK 29 08/05 19:06 ID PRESS TRIBUNE EC--S 00'25u 0~1 174 OK 30 08/06 19:07 2088886701 EC--S 00t26U 001 174 OK ---------~----~-----------------------------------------~----------------------------------- V \ rase. ~.Xy~ '"f t1.Y \-'V "-" \ \ L 1 "V' \ \. \... ...." \Ll..' ~ J t I .~ ~t(::' 1 '~f~"d: .:~ ~1."~~j~l~ C Tr'l mol ~VJ.~!~(I.iL w 8ric1/iCfn.~~:; .~\ tI)~ \~ 10 tJ jJ b MAYOR Tall,my d~ W~~[d CITY COUNCil... MFMRF.RS Wi llian\ L. M~ Nary Keiu\ BLrd. O1arl(1~ M. Kou II tI\~C S11i:1\arl W:. rdJ~ C1TY DEPARTMENTS Fire :540 E. l:r~n kJ Itl l(nild 888-1234/ fax 895..0390 ParkE &: ReC're~ tion 11 E. Bow~r Street 888-3579 I f~~): Sq8~5S0 I Ptnnnin~ .& 2onin~ 660 EL Watertower L{\lle Suite 202 884-5533/ rGlx. 888-6854 P,,)jcc: 1401 E~ Wa.tertower Lane 8S~.c56761 f;)~ 846...7366 Public WOl.kc; 660 E. Watertower Lalle Suite 200 89S..55CO I it' x 898-9551 iF B II ildlng 660 E. Watc-rtower l;.ne Suite 150 887.:2211/ i~x 887-1297 - Sewer (WWTf') 3401 N. ~rco Mile I~Olid 8S$..2191/ fax 884~0744 .. Wilter 2235 Nt W4 8th Str~~t 888-5242/I:;x SS4-1lS9 ~.~ NOTICE OF PRE~OUNCIL MEETING MERIDIAN CllY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian win hold a Pre-Council Meeting at City Hall. 33 East Idaho. Meridian, Idahot on Tuesday, August 10. 2004 at 5~3D P..M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the foHowing issues: IIJIj ... . - Discussion of Proposal from Ada County /Emergency Medical Services - Discussion / Presentation on Mayor's Youth Advisory Council - Discussion of proposed Solid Waste Committee Resolution -- Discusslon of Animal Control Shefter The public is welcome to attend the meeting. DATED this 6th of August. 2004. ~} ~ CJTY HALL 33 EAST IDAHO AVENUE ME[HDI^N~ IDAHO 83642 (208) 888-4433 f t. . ** TX CO~. ~1ATjON REPORT ** AS OF AUG 06 J 04 1~.... PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM f1JDE M I WSEC PGS CMon STATUS 02 08/06 17:51 PUBLIC WORKS EC--S 13(3" 21 u 001 172 OK 03 08/06 17: 52 120846644'05 EC-S 0a~21n 001 172 OK 04 08/06 17: 53 8841159 EC--S e0J21" 001 172 OK 05 08/06 17: 54 20088413744 EC~-S 00'21" 001 172 OK 06 00/06 17=55 POLICE DEPT EC--S 00'21" 001 172 OK 07 00/06 17: 56 8985501 EC--S 00t21U 001 172 OK 08 08/06 1?: 56 LIBRARY EC--S eelt 23~t 001 172 OK 09 08/06 17:57 92083776449 EC--S 00' 20n 001 172 OK 10 08/06 17: 58 208 388 6924 EC--S 00'23u 0131 172 OK 11 08/06 17:59 2088886854 EC-S 00t201t 0'01 172 OK 12 00/06 18: 00 2~8 895 0390 EC-S 00t20U eel 172 OK 13 08/06 18=01 128300040 G3--S 1a0 J 26" e01 172 OK 14 00/05 18: 02 200 387 6393 E:C--S 00t 20" 001 172 OK 15 08/06 18: 03 ADA CTY DEVELMT EC--S 00'2@u 001 172 OK 16 08/06 18:04 8885052 EC--S 00~ 21." 001 172 OK 17 08/06 18:05 CHERRY LANE G3--S B0t 39" eal 1?2 OK 18 08/06 18:06 IDAHO ATHLETIC C EC--S 00~20u eal 172 OK 19 08/06 18: 07 I D PRESS TR r ElR'E EC--S 00t21U mal 172 OK 20 08/06 18: 08 2008886701 EC---S 00t21U 0131 172 OK 22 08/06 18:12 3810160 EC-S 00t29t1 001 172 OK --~--~-~~----~~~~~~-~---~~~-~-~-~~~~~-~~-~-~~~~~~~----~-~-~~~~~----~~~~-~-~~~~~~~~----~~~~ p\.ea.&e \JC:S\ ~if PLL\0llC/ ~Ci1~C ~ \ V\ill \J-S ',~ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday. August 10~ 2004 at 5:30 p.m. Cjty Council Chambers 1. J~oll Reali Attendance: Shaun Wardle _ Bill Nary Charlie Rountree _ Keith Bird _ Mayor Tammy de Weerd .'doplion of the Agenda= 2. 3- Discussion of Proposal from Ada County Emeraency Medical :Services: j[*15 minutes) Discussion I Presentation on Mayor's Youth Advisory Council: {.10 minutes) Discussion of proposed Solid Waste COmmittee Resolution: e~5 minute9) 4. .-.,5. .. -; j- .. 6. Discussion of Animal Control Shelter: (.30 minutes beginning at 6:00 P.M..) * Approximate allowable time set for agenda item may change depending on discussion. .. Please use the designated minutes as a guideline only.. Meridian Ctly Pre-Council Agoooa ....August 10,2004 Page 1 of1 AU ma'enok;. PfGAntad at pubUc meetings Q)aU become: ptop"rty of the city of MerJdLln.. AnYOne desiring accommOdation fOf ditu1bfUtiez rolatud to docume..nts and/or hBBri Ild$ ,. pleaGo contact Olo City crer1<B 01I1c0 at 888-4433 at reoGl 4S hours poor tD the pubJfc m&8tins.. t~: t.~ c erldl(;rn~~~le '~-\, . \1 J l )..\HO lY if/ / qUlCE q i 903 MA YOR TalnnlY de Weerd CITY COUNCIL MEIvIBERS Willianl L. M. Nary J<ei tll B i l+d Charles M. ROll n tree 5]10 II n Wardle CITY DEPARTMENTS Fire 540 E4 Franklil1 Road 888-1234 / .fax 895-0390 Pat.ks & Rec.reatioJ1 11. E4 Bower Street 888-3579 / fax 898-5501 Planning & Zoning 660 E4 Watel.tO\Vel. Lane Sll i te 202 884-5533 / fax 888-6854 Police 1401 E. Watel..tOlA'er La11e 888-6678/ fax 846-7366 IJublic W o.rks 660 E4 W a terto\t\rer Larlc Slli te 200 898-5500/ fax 898-9551 - Build ing 660 E. Watel~toWe]~ Lal1e Slli te 150 887-2211 / fax 887-1297 - Sewer (WWTP) 3401 N. Te11 Mile Road 888-2191 / fax 884-0744 M Watel~ 2235 N. W4 8tll Street 888-5242 / fax 884-1159 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idahof on Tuesday, August 10, 2004 at 5:30 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: -- Discussion of Proposal from Ada County Emergency Medical Services -- Discussion / Presentation on Mayor's Youth Advisory Council ~ Discussion of proposed Solid Waste Committee Resolution - Discussion of Animal Control Shelter The public is welcome to attend the meeting. DATED this 6th of August, 2004. -..( ~ =- 7 ~ -0 ~u ".. () .~~. ~"o "&j .1 51. t'~. )~ "/,,/ ":<J ~~,y'"<~~..~:~: /"',/. 001;!\ rv", r , '1.... , ,_..- ~ . 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"Y..~ V ....-..: / .... -..: / -..:..... .... / .... // -..: .... -..: .... :-..:. .... ........ .... ........ -..;-": -:::. .... / ........v ': .... .... .... -..: -..: .... /.... .... :.::- \.... -..:.... :/. -..:.... ....-..:................ .... -..:....-..: ........ .... .... :::: ........ ~ /-...: ......... -..: :-.:. V..../. -..: ........ / -..:........ -..: ....:-....r.- .... .... -..:........ ...."( .... X -..: ': :-.:. / .... .... x/./ ........ w.... ........ ::(.... /.... -..: // .... ~ j" ~ " -..:.... -..: // y'Y::~ ," .... .... ..... -..:-...:......... : .... .... ":--: ........ /. .... -..: -..: ~ ..../ N/ -..: -/ -..: V ..( :--.: .... -..:............. ........ ........: ..... .... .... -..:.... -..: .... ~ ~.... .... .... :::: -...; ..:.:-.:..... -..:..... -..:~-..:~ .... .... .... ....: ....-..:.... -..: :.... --: N.... X N .... / ..... -..::-..: < ~ ( CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, August 10,2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: x X , Shaun Wardle X Bill Nary Charlie ountree ~ Keith Bird Mayor TammytJe Weerd 2. f Itl/l/~ !JltJ Pledge of Allegiance: 3. Community Invocation by Pastor Randy Rodes, with Meridian Vineyard Church: j?r"v;CLLtd- 4. Adoption of the Agenda: approvtZ- 5. Presentation of Environmental Certificate of Recognition Award to Idaho Fleet Service by Mayor De Weerd: fJr(!d~ 6'1 JpJvIl. cJhl\;w~~jJ Consent Agenda: A. Approve Minutes of July 20,2004 City Council Regular Meeting: aplrt::J"<'" B. Approve Minutes of July 27, 2004 City Council Regular Meeting: apprr>V'<-. C. Findings of Fact and Conclusions of Law for Approval: VAC 04-003 Request for a Vacation of utilities, drainage and irrigation easement on the interior lot line of Lots 22 and 23 of Packard Acres Subdivision No.2 by Packard Estates Development, LLC- south of East Ustick Road and east of North Locust Grove Road: ~I'rov<.... D. Findings of Fact and Conclusions of Law for Approval: PFP 04-006 Request for a Preliminary/Final Plat approval for the re- subdivision of Lot 14, Block 1 of Woodside Creek Subdivision No. 1 into two building lots on .32 acres in an R-8 zone for proposed Woodside Creek Subdivision No.2 by Woodside Properties, lLC -1115 North Ten Mile Road: app'1'Pv<-, E. Findings of Fact and Conclusions of Law for Approval: CUP 04-014. Request for a Conditional Use Permit for a Planned Meridian city Council Agenda - August 1011 2004 Page 1 of3 All materials presented at public meetings shall become property of the City of Meridian Anyone desiring accommodation for disabilities related to documents and/or hearing Please contact the City Clerk"s Office at 888-4433 at least 48 hours prior to the PUbliC meeting. 6. Development for modification of an existing CUP in an L-Q zone of Meadowlake VillaGe Continuina Care Retirement Center (CeRe) by Touchmark of the Treasure Valley, LLC - south of East Franklin Road and east of North Eagle Road: 4pfJrc;trJ:..J F. Black Cat Trunk Sewer and Lift Station Project Addendum No. 2: a-pp,.,,-r<- G. Award Contract for Architect for Senior Center Project: atP"~ H. Resolution No. tJ I- - +"1-0 : Street Name Chanae of North Lakes Avenue to N. Lakes Place: Af~6^<--- I. Approve Beer and Wine license Transfer from Bangkok House to Sa Wad Dee Thai Restaurant_-1890 East Fairview Avenue: apprave.-. 7. Department Reports: A. City Council Member - Shaun Wardle 1. Update on Golf Course Standards: p/.t!feh -f~~ B. Finance Department 1. Update on Police Department Property Tax: ~ t9pn~~Je.n~:t<;d- d/JG<<.J r w/~1v I;;fJYLd. a,,-f~rA..e~ Police Department - Chief Musser c. 1. Traffic Safety Commission Recommendations by Captain John Overton: '_ L. ~ ~ V'(, /lLl.. ~-~ ~..r D. Parks and Recreation Department - Doug Strong 1. Discussion of New Fees and Fee Increases: dtT(AAS~ E. Mayor's Office 1. City-wide Strategic Plan: (Items Moved from Consent Agenda) U/J ~ a,{.c.. JV7rh/hd- 8. 9. Approve Amendments for 2004 Fiscal Year Budget: ~Y'lJ'V'~ 10. Approve 2005 Fiscal Year Tentative Budget: ~Y'? V-~ Meridian City Council Agenda - August 10,. 2004 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents and/or hearing Please contact the City Clerk'S Office at 8884433 at least 48 hOUrs prior to the PUbliC meeting. 11. Tabled from August 3, 2004: FP 04-038 Request for Final Plat approval of 30 single-family residential building lots and 5 common lots on 16.4 acres in an R-4 zone for Autumn Faire Crossina Subdivision by Autumn Fairef LLC - south of West Ustick Road and west of North Black Cat Road: alflJYOv~ 12. Tabled from August 3,2004: FP 04-044 Request for Final Plat approval for 5 commercial building lots on 2.88 acres in an L-O zone for lvnnwood Plaza Subdivision by Busterback Development, LLC - north of West Cherry Lane and east of North Ten Mile Road: 4f' f Yo V\(.... 13. FP 04-049 Final Plat approval for 50 single family residential building lots and 15 common lots on 21.16 acres in a R-4 zone for Saauaro Canyon Estates Subdivision No.1 by Farwest, LLC - north of East McMillan Road and east of North Meridian Road: tvp~~ 14. Public Hearing: AZ 04..015 Request for Annexation and Zoning of 1+/- acre from RUT to R-8 zone for proposed Secret Garden Subdivision by Pinnacle Engineers, Inc. - 2490 North Locust Grove: ~-(f-rI~ f-o ~~f'~ -r/F" oil tOr ~V".,c, 15. Public Hearing: PP 04-020 Request for Preliminary Plat approval of 7 residential building lots and 1 other lot on 1 +/- acre in proposed R-8 zone for proposed Secret Garden Subdivision by Pinnacle Engineers, Inc. - 2490 North Locust Grove: e / r J ~ /':_ __ a. tw I're-p~ rl'f..,-.z.. &1""-< rvr~~ 16. Public Hearing: CUP 04-022 Request for Conditional Use Permit for a Planned Development for single-family residential and office in a proposed R-8 zone for proposed Secret Garden Subdivision by Pinnacle Engineers, Inc. - 2490 North Locust Grove: fl to ~p~ ~/~ IoU nrr-W; 17. Public Hearing: AZ 04-013 Request for Annexation and Zoning of 13.5 acres from RUT to C-G zones for Stow-It Storaae Facility by Lyons Development, LLC - southwest corner of Stoddard Road and West Overland Road: afl7rr~1 fo (/Y'ep~ -FIF-f cf,e f,yr-4f'pa;V-~ 18. Public Hearing: CUP 04-017 Request for a Conditional Use Permit for a Planned Development for a storage facility with a caretaker residence and future .office/retail use in a proposed C-G zone for Stow-It Storaqe Facilitv by Lyons Development, LLC - southwest corner of Stoddard Road and West OverlJ:)nd Road: -/3/ ~ I /' ~ /:.J- ~ A?t'"frr~ -h ~p~ TIT- C ~ rrrv ~pv--V4-fL. 19. Ordinance No. () 4 ...../ t9 if 4- : AZ 04-010 Request for Annexation and Zoning of 4.10 acres from RUT to L-O zone for proposed Brockton Subdivision by Confluence Management, L.L.C~ - 3665 North Locust Grove Road: ~pv-#~ Meridian City Council Agenda - August 10, 2004 Page 3 of3 All materials presented at public meetings shall become property of tile City ofMeridialL Anyone desiring accommodation for disabilities related to documents and/or hearing Please contact the City Clerk'S Office at 888-4433 at least 48 hOUrs Prior to the PUbliC meeting. ~r-~. .... ( . . .!~.... . . C:.. . August 20, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT August 24, 2004 ITEM NO. 5~B REQUEST Approve Minutes of August 10; 2004 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRJGA TION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Confacted: Emailed: Dote: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian.. (.. . CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, August 10,2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Bill Nary X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Clark Day 3. Community Invocation by Pastor Randy Rodes, with Meridian Vineyard Church: Provided 4. Adoption of the Agenda: Approve 5. Presentation of Environmental Certificate of Recognition Award to Idaho Fleet Service by Mayor De Weerd: Presented by John Shawcroft 6. Consent Agenda: A. Approve Minutes of July 20, 2004 City Council Regular Meeting: Approve B. Approve Minutes of July 27, 2004 City Council Regular Meeting: Approve c. Findings of Fact and Conclusions of Law for Approval: VAC 04-003 Request for a Vacation of utilities. drainage and irrigation easement on the interior lot line of Lots 22 and 23 of Packard Acres Subdivision No.2 by Packard Estates DevelopmentJ LLC- south of East Ustick Road and east of North Locust Grove Road: Approve D. Findings of Fact and Conclusions of Law for Approval: PFP 04-006 Request for a Preliminary/Final Plat approval for the re- subdivision of Lot 14, Block 1 of Woodside Creek Subdivision No. 1 into two building lots on .32 acres in an R-8 zone for proposed Meridian City COWlcil Agenda - August 10, 2004 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing Please contact the City Clerk'S Office at 8884433 at least 48 hours prior to the PUbliC meeting. () ..^ (" /~/.. . (, Woodside Creek Subdivision No.2 by Woodside Properties, LLC -1115 North Ten Mile Road: Approve E. Findings of Fact and Conclusions of Law for Approval: CUP 04-014 Request for a Conditional Use Permit for a Planned Development for modification of an existing CUP in an L-Q zone of Meadowlake Villaae Continuina Care Retirement Center (CeRC) by Touchmark of the Treasure Valley, LLC - south of East Franklin Road and east of North Eagle Road: Approve F. Black Cat Trunk Sewer and Lift Station Project Addendum No.. 2: Approve G. Award Contract for Architectural Services for Meridian Senior Citizen Center Project (ICDBG-04..111-01-SR): Approve Johnson Architects H. Resolution No. 04-440 Street Name Chanae of North Lakes Avenue to N. lakes Place: Approve I. Approve Beer and Wine license Transfer from Bangkok House to Sa Wad Dee Thai Restaurant_- 1890 East Fairview Avenue: Approve 7. Department Reports: A. City Council Member - Shaun Wardle 1. Update on Golf Course Standards: Presented B. Finance Department 1. Update on Police Department Property Tax: Options Presented - discuss with bond attorney c. Police Department - Chief Musser 1. Traffic Safety Commission Recommendations by Captain John Overton: Approve Recommendations D. Parks and Recreation Department - Doug Strong 1. Discussion of New Fees and Fee Increases: Discussed E. Mayor's Office Meridian City Council Agenda - August 10, 2004 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconnnodation for disabilities related to documents and/or hearing Please contact the City Clerk'S Office at 888-4433 at least 48 hours prior to the PUbliC meeting. ( \. 1. City-wide Strategic Plan: Update 8. (Items Moved from Consent Agenda): Nothing 9. Approve Amendments for 2004 Fiscal Year Budget: Approve 10. Approve 2005 Fiscal Year Tentative Budget: Approve 11. Tabled from August 3, 2004: FP 04-038 Request for Final Plat approval of 30 single-family residential building Jots and 5 common lots on 16.4 acres in an R-4 zone for Autumn Faire Crossina Subdivision by Autumn Faire, LLC - south of West Ustick Road and west of North Black Cat Road: Approve 12. Tabled from August 3,2004: FP 04-044 Request for Final Plat approval for 5 commercial building lots on 2~88 acres in an L-Q zone for lvnnwood Plaza Subdivision by Busterback Developmentl LLC - north of West Cherry Lane and east of North Ten Mile Road: Approve 13. FP 04-049 Final Plat approval for 50 single family residential building lots and 15 common lots on 21.16 acres in a R-4 zone for Saauaro Canyon Estates Subdivision No.1 by Farwest, LLC - north of East McMillan Road and east of North Meridian Road: Approve 14. Public Hearing: AZ 04~015 Request for Annexation and Zoning of 1 +/- acre from RUT to R...8 zone for proposed Secret Garden Subdivision by Pinnacle Engineers, Inc~ - 2490 North Locust Grove: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: PP 04-020 Request for Preliminary Plat approval of 7 residential building lots and 1 other lot on 1 +/- acre in proposed R-8 zone for proposed Secret Garden Subdivision by Pinnacle EngineersJ Inc. - 2490 North Locust Grove: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 16. Public Hearing: CUP 04-022 Request far Conditional Use Permit for a Planned Development for single-family residential and office in a proposed R-8 zone for proposed Secret Garden Subdivision by Pinnacle Engineers, Inc. - 2490 North Locust Grove: Attorney to Prepare Findings of Fact- and Conclusions of Law for Approval 17. Public Hearing: AZ 04~013 Request for Annexation and Zoning of 13.5 acres from RUT to C-G zones for Stow-It ~toraae Facilitv by Lyons Development) LLC - southwest corner of Stoddard Road and West Overland Road: Attorney to Prepare Findings of Fact and Conclusions. of Law for Approval Meridian City Council Agenda - August 10, 2004 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related 10 documents and/or hearing Please contact the City Clerk'S Office at 8884433 at teast48 hours Prior to the PUbliC meeting, ( (...... 18. Public Hearing: CUP 04-017 Request for a Conditional Use Permit for a Planned Development for a storage facility with a caretaker residence and future office/retail use in a proposed C-G zone for Stow-It Storaqe Facility by Lyons Development, LLC - southwest corner of Stoddard Road and West Overland Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 19. Ordinance No. 04-1094 : AZ 04-010 Request for Annexation and Zoning of 4.10 acres from RUT to L-Q zone for proposed Brockton Subdivision by Confluence Managementl L~L.C. - 3665 North Locust Grove Road: Approve Meridian City Council Agenda - August 10, 2004 Page 4 of 4 All materials presented at public meetings shall become property of the City of MeridiatL Anyone desiring accommOdation for disabilities related to documents and/or hearing Please contact the City Clerk'S Office at 888-4433 at least 48 hOurs Prior to the PUbliC meeting. ..; f ~.... . Meridian City Council Meetina AUQust 10, 2004. The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, August 10,2004, by Mayor Tammy de Weerd~ Members Present: Mayor Tammy de Weerd, Charlie Rountree, William Nary, Keith Bird, and Shaun Wardle. Others Present: Chris Gabbert, Will Berg, Anna Canning, Bruce Freckelton, Stacy Kilchenmann, John Shawcroft, Jim Musser, John Overton, Kenny Bowers, Doug Strong, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Bill Nary X Keith Bird Mayor Tammy de Weerd De Weerd: ,Okay. (III go ahead and call the regular City Council meeting to order. Ifs August 10th and it's 7:00 p.m. We will begin with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: lid like to welcome you all here tonight and thank you for coming and joining us. We do have Clark Day from Troop 104, which is sponsored by the LOS church south of the freeway~ He will lead us in the pledge of allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Randy Rodes, with Meridian Vineyard Church: De Weerd: Clark, I would like to thank you with a pin. Thank you. OUf third item on the agenda is our community invocation. Take this time to join us for a moment of silence or meditation. Pastor Rodes with Meridian Vineyard Church is here to lead us in our community invocation. Rodes: Mayor de Weerd and Members of the Council, thank you for this privilege of being here this evening. Let's pray. OUf Father in Heaven, we thank you for the members of this Council, this city government, and for Mayor de Weerd. Lord, your word says that the nations are in your hand and we know that as we think about our nation in these days, that we think about all parts of our government, Lord, and as we think about the Meridian city government tonight, I ask, Father, that you would give them not the wisdom of man as they deal with the issues, but that they would be able to tap into your wisdom as they deal with each issue tonight. We thank you for our Mayor ~-,:..;.~~ ..~. . c... . Meridian City Council August 10, 2004 Page 2 of 43 and her guidance of this city. We pray, oh, God, your blessing not only upon this meeting, but continually upon this growing community and we pray all of this in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Pastor Rodes. I have appreciated the relationship that we have developed with all the faiths in our community and I would like to present you with a City of Meridian pin as well. Thank you. Item No.4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: ML Bird. Bird: I haven't heard any deletions or additions or anything, so I would move that we adopt the agenda as published. Rountree: Second. De Weerd: Okay. It's been moved and seconded to adopt the agenda as published. All those in favor say aye. All ayes. Motion carries~ MOTION CARRI ED: ALL AYES. Item 5: Presentation of Environmental Certificate of Recognition Award to Idaho Fleet Service by Mayor De Weerd: De Weerd: Item No. 5 is an award that we would like to recognize through our wastewater treatment plant. If our wastewater superintendent John Shawcroft would introduce this? Shawcroft: Madam Mayor, Council Members, for the record my name is John Shawcroft and I am the wastewater superintendent for the City of Meridian. Under 40 CFR 403.8, the federal government requires that all wastewater treatment facilities, regardless of state, that they institute a pre-treatment program and pre-treatment means the reduction or elimination of pollutants prior or in lieu of discharging to a wastewater treatment facility. It gives the NPDS holder, which in this case is the City of Meridian, the responsibility for enforcement and implementation of this program. But it gives the business community and industrial users the responsibility for the actual reduction and disposal of those generated wastes that they -- that comes in just for doing business. If a business or an industrial facility meets the requirements of the pre-treatment program, it's like getting a C in school; you are meeting the minimum requirements. But once in awhile we get an industry or a business that comes in and meets not only the minimum requirements of the law or the regulations, but exceeds them and so they get an A in environmental responsibility~ And tonight we are here, hopefully, to -- not hopefully. We are here to give this award -- excuse me -- to Idaho Fleet Services, who is under the Meridian City Council August10t2004 Page 3 of 43 ~;. . . . 1"" (... ., (~'...".:..', . tutorship of Jerry Cripe and Tim Cripe for their practices in pre-treatment, which exceed our requirements and the federal government requirements. De Weerd: Thank you, John. If you will stay there4 Shawcroft: I will. De Weerd: I will tell you a little bit about Idaho Fleet Services and on a personal note as well, since Tim is a Kawanian and this company not only has an A in their environmental responsibility, but they have been a strong member of our community and of leading our youth and I appreciate all of your efforts on the community side as welL But Idaho Fleet Services is environmentally proactive and meets or exceeds City of Meridian pre-treatment requirements~ JFS utilizes secondary containment for stored petroleum products and recycles used antifreeze, oil, and oil filters. IFS pre-treatment efforts using grease interceptors -- and I even know what this stuff is, thafs the exciting stuff -- waste collection drums, spill cleanup with landfill disposal, helps eliminate toxic chemicals from the sewer and thereby aids with the operation of the wastewater treatment facility and, John, perhaps we can also introduce Rusty and Carmen and they can be part of the presentation as well. Shawcroft: Okay. lid like to introduce my pre-treatment manager Carmen Vance and her inspector -- I'm going to call her Rusty Tortorella~ It's not her real name. And if we could get Jerry and Tim to come forward. De Weerd: So, this is in recognition for adopting environmentally friendly practices, equipment, and technology. Congratulations. Cripe: Well, thank you very much. Thatls beautiful. Anyway, we have been at this for 20 years and we have always tried to do our best at taking care of the environment and J think this shows we have done it. Thank you. De Weerd: Thank you, Jerry. Tortorella: J just wanted to say from the inspection point of it, going into Jerry's facility, it's a pleasure~ Hels always very willing to give me the time, take me on tours of his place, and hels proud -- very proud to show me everything he has there~ Never hides anything. Item 6: Consent Agenda: A. Approve Minutes of July 20, 2004 City Council Regular Meeting: B. Approve Minutes of July 27,2004 City Council Regular Meeting: c. Findings of Fact and Conclusions of Law for Approval: VAC 04-003 Request for a Vacation of utilities, drainage and irrigation Meridian City Cou ncil August10t2004 Page 4 of 43 ~(...: (. . , /:.... (, easement on the interior lot line of Lots 22 and 23 of Packard Acres Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Locust Grove Road: D" Findings of Fact and Conclusions of Law for Approval: PFP 04..006 Request for a Preliminary/Final Plat approval for the re- subdivision of Lot 14, Block 1 of Woodside Creek Subdivision No. 1 into two building lots on ~32 acres in an R-B zone for proposed Woodside Creek Subdivision No" 2 by Woodside Properties, LLC - 1115 North Ten Mile Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 04-014 Request for a Conditional Use Permit for a Planned Development for modification of an existing CUP in an L-Q zone of Meadowlake Villaae Continuina Care Retirement Center (CeRe) by Touchmark of the Treasure Valley, LLC - south of East Franklin Road and east of North Eagle Road: F. Black Cat Trunk Sewer and Lift Station Project Addendum No. 2: G. Award Contract for Architectural Services for Meridian Senior Citizen Center Project (ICDBG-04-111-01-SR): H. Resolution No~ 04-440: Street Name ChanQe of North Lakes Avenue to N.. Lakes Place: I. Approve Beer and Wine License Transfer from Bangkok House to Sa Wad Dee Thai Restaurant -1890 East Fairview Avenue: De Weerd: Thank you, Rusty. Well, we appreciate you joining us tonight and allowing us to recognize you in this fashion. Okay. Item No.6 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers and I need the resolution number for Item H. Okay. 04-440 is the resolution number on Item H. Rountree: Second. De Weerd: Okay~ It's been moved and seconded to approve the Consent Agenda with the notation of H, resolution number 04-440. Is there any further discussion? Hearing none, Mr. Clerk, will you call roll. Meridian City Council August10~2004 Page 5 of 43 Roll-Call: Birdf yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 7: Department Reports: A. City Council Member - Shaun Wardle 1. Update on Golf Course Standards: De Weerd: Thank you, Mr. Clerk. Item 7, Department Reports. We will begin with A, Councilman Wardle. Wardle: Thank you, Madam Mayor. This is just a short report, follow up from the meeting we had about the golf course. The Mayor and I have met, along with counsel, with a representative of Cherry Lane Golf Coursef Cherry Lane recreation, and are moving forward in discussing standards and the condition of the course and thafs just my very brief report, unless you have anything to add, Mayor. B. Finance Department 1. Update on Police Department Property Tax: De Weerd: Thank you. Item B is from our finance department. Stacy. Kilchenmann: All ready? I missed the question. Okay. J've had some discussions with Bud Way from Wells Fargo about these different financing options and we, basically, have three options. Option number one is -- well, we have four optjons~ Option number one is to do nothing. Option number two is to call the bonds early. And, then, options one and two that he gave you on the schedule are two different refinancing options. My recommendation would be -- well, the one that makes the most sense, just from a cash flow, is to call the bonds earlier, which means that in 2007 we would call the -- we would call the bonds and the present value of the property tax we pay would actually be less than the property tax -- or the cost loss we get from the present value of financing. But the down side of that is we have to come up with like 2.1 million dollars in cash and if we are saving for a City Hallt that might not be the way we want to spend the cash9 So, between the two refinancing optionsf the difference between them is one option increases the payment per yearJ but keeps the maturity the same. The other option keeps the payment the same, but increases the life of the lease agreement. And if you take -- to really get down to the nuts and bolts of it, if you take the present value of the net difference in the payment to the end of the maturity of the bonds, you have 128,000 dollars -- will be worse off than we are today, but if you look at the property taxf we would pay 276fOOO dollars in property tax to the maturity, so we would be really better off to do the refinancing option number one. And the reason that our payments are higher is because we will have to incur bond issuance costs again, we have to go Meridia n City Cou nci I August 10, 2004 Page 6 of 43 i" t..' through those costs. We have to pay the disclosure agent~ We have to pay the rating agent. We have to pay for the official statement of disclosure. We have to pay attorney fees. Well, that will come to about 43,000 dollars~ But what they have done -- last time we did this we paid those costs outright, but in this schedule they have just rolled those all into the payment, like refinancing your house when they roll the closing costs in~ And the interest is just -- ies a little bit higher than we have now~ So, I guess it really boils down to do you want to keep the cash on hand for the City Hall and, basically, keep the police payments the same as they are -- they go up like four -- 5l0aG -- 8,700 dollars annually or do you want to just call the bonds early and come up with the cash? De Weerd: I guess, Stacy, if we do the refinancing, my only question and is -- and maybe is to the city attorney -- we want to make sure if we do that, we actually will not continue to pay property tax. Kilchenmann: That is a question for the attorney. That would be something for Rick Skinner, because J can't -- both Bud Way and I talked about that and neither one of us can give that final decision, it would have to come from the attorney. If we did do this, though, we need to decide fairly soonf because interest rates are going up and we can -- we are probably locked into this interest rate for about ten days from yesterday. De Weerd: Okay. Well, Stacy, J guess I would ask that you contact Mr~ Skinner and, Chris, if you can touch base with Mr. Nichols and -- so we can get an opinion on that, we can re-discuss it or readdress it next week and give you direction at that time~ Kilchenmann: Okay. Do you have any feeling -- say that the property tax -- that we are fairly guaranteed we are not going to have to pay the property tax, do you have a feeling anyway of which way you would want to go? De Weerd: Council? You have no idea what direction you want to go? Bird: Not at this point. Kilchenmann: Because I would recommend that we finance and keep the cash on hand for the city hall would be my recommendation, so that we don1t have to do -- that way we have the cashf we don't have to go through a finance vehicle like this, we don't have to do judicial review, that kind of thing~ De Weerd: I think probably the answer from the attorney and Mr. Skinner will kind of set the tone for that decision. Kilchenmann: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. (r:.., -/,...-r~.~~ ., (.....: . Meridian City Council August10t2004 Page 7 of 43 Bird: Thafs what J would say, that I -- and, Stacy, I agree with you, that that's probably the best waYt but let's make sure that all the bases are covered before we make a decision on that. Kilchenmann: Okay. Maybe we should have the attorney contact Rick Skinner, in case I -- so it's like attorney to attorney. Bird: Yeah. Bill needs to talk to -- Kilchenmann: And let me know. De Weerd: Okay. Kilchenmann: Okay. De Weerd: Thank you, Stacy. Kilchenmann: Anymore questions on that one? De Weerd: Anything further? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just a question. Is that an action item for Stacy or is that an action item for the Mayor to talk to counsel and have them talk to bond counsel? So, we make sure that it gets done. Is that something Stacy.s going to do or is that -- De Weerd: Ifs something Chris is going to do. Rountree: Chris is going to do? Okay. De Weerd: And, then, the decision ultimately needs to be made next week, yes, to lock in the interest rate if we refinance. Stacy: Yes4 And I will check and make sure that's enough time, since the rates did go up today. But 1111 get back to you tomorrow. c. Police Department - Chief Musser 1. Traffic Safety Commission Recommendations by Captain John Overton: De Weerd: Okay. Thank you, Stacy. Thanks, counsel. Item C is from the police department Captain Overton. ( (, Meridian City Cou nci I August 10, 2004 Page 8 of 43 Overton: Good evening, Madam Mayor, Members of the Council. lid like to start off representing the Meridian Traffic Safety Committee by thanking you once again for updating the traffic ordinance, because in May 18th of this year we were able to get to a quorum, which is the first time in many many months~ UnfortunatelYJ that was the last meeting before the summer hit and we haven't had a quorum since~ But with that being said, we had a lot of projects we are working on in the committee, most of them dealing with engineering aspects or safety aspects on our roads~ In the minutes from the May 18th meeting we mentioned a couple of them that were very pressing with the school year starting. One of those was we were requesting a crosswalk at Black Cat and Moonlake. We have a stretch of Black Cat Road that has no crossing of any kind for students and we have a very large development to the west of Black Cat and all those kids have to cross that street every day to get to Ponderosa Elementary~ Moonlake was the best-decided location and, of course, this is with ACHD in attendance at this meeting~ The second issue we had was the second location, which is a four way stop at Ten Mile and Ustick that currently has no crosswalks in any direction and we wanted two crosswalks in that -- one on the southeast corner of Ten Mile and Ustick -- both of them converging on the southeast corner of Ten Mile and Ustick, one running north- south, one running east-west, so we could get the students again from those two subdivisions safely across the street at a four way stop. Other than those two that we recommended in that May 18th meeting, we have a lot of other projects that we have been working on~ One of the main ones -- and I believe -- even though we did not have a quorum, ACHD is at least telling me they are going to get this done, is we are looking at a four-way stop at East 2nd and Idaho, which is mainly due to pedestrian traffic, not vehicular traffic, but pedestrian traffic in relation to the Boys and Girls Club. We also have a yield sign and not a stop sign at East 3rd and Idaho~ We are trying to get that changed to a stop sign and, hopefully, if the numbers warrant, again, the pedestrian traffic to a four-way stop as well for the Boys and Girls Club. With the school year approaching we are also working very closely on a couple of issues. One would be -- and, again, this is -- we are kind of facilitating this in the committee. The Meridian School District has moved their bus barn over on Franklin Road and they are going to be getting over 200 buses out onto the road between 6:00 and 7:00 o'clock in the morning with no traffic control. Admittedly, they didn't foresee this going to be an issue, but it's apparently going to be one and we are trying to facilitate with ACHD and the school district on a best solution. There isn't one yet on that one. It's probably going to be wait and see how bad the problem is before we get it fixed. The second one is a little higher priority and has to do with getting students safely to the new Sawtooth Middle School that opens this faIL The issue there is the school will open, but most of the students that are going to have to walk to that school that live to the south do not have a safe path to get to that school. The road on Linder is very narrow, you have an irrigation canal crossing, there is no sidewalks, there is no crosswalks at Ustick and Linder, and we are trying tOt again, work as a facilitator with the school district and ACHD on either safety busing and getting this program approved by the State Board of Education or ACHD putting in temporary sidewalks and trying to improve that intersection before school opens. But those we are facilitating. The ones we are really ( Meridian City Council August 10, 2004 Page 9 of 43 asking for your approval on would be the crosswalks at Black Cat and Moonlake and, then, the two at Ten Mile and Ustick to help get the kids across the street safely. De Weerd: And, Captain Overton, at that point, then, I would write a letter to ACHD? Is that the order of things? Overton: That sounds like an excellent order, Madam Mayor. De Weerd: Or you would draft a letter and I would sign it. Overton: I can do that. De Weerd: (kind of like that one better~ Council, I would give an update -- Of, Anna, on the Sawtooth Middle School. They have authorized safety busing on that, as well they are moving forward to paving a temporary sidewalk along the east side of Linder and finding an alternative route to get the kids down Linder and I think they were going to contact Nampa-Meridian and take them down the irrigation canal up to Ustick and1 then, that direction. Gary, is that correct? Okay. And that -- there is a time span before that temporary pathway is going to be put in, because ACHD will have to install it themselves and right now they are doing the chip seal program, so the safety busing will commence when school begins and the path will be done sometime late September, October~ Okay~ Do you have any questions of the Captain regarding the recommendations from the Traffic Safety Committee? Rountree: Madam Mayorf J have no questions in terms of procedure, just consensus from the Council on those recommendations or do you need a motion or-- De Weerd: I will need a motion authorizing me to sign the letter that Captain Overton drafts. Rountree: So moved. Bird: Second. De Weerd: Okay. Jfs been moved and seconded to approve the recommendations from the traffic safety committee and to authorize the Mayor to sign a letter to ACHD. Any further discussion? Mr. Clerkf you may as well call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea~ MOTION CARRIED: ALL AYES. D. Parks and Recreation Department - Doug Strong 1. Discussion of New Fees and Fee Increases: (: Meridian City Council August 10t 2004 Page 10 of 43 De Weerd: Thank you~ Any further questions for Captain Overton regarding the traffic safety items that he has brought up? We appreciate your update and, hopefully, we can all work together with ACHD on the bus garage issue~ Okay~ Item D, Parks and Recreation Department. Mr. Strong. Strong: Thank you, Madam Mayor, Members of the Council. To start with, 1111 refer to a memo from July 16th from Bill Nichols that we will relate to the question of -- regarding fees charged by the Parks and Recreation Department for events like Barn Sour and the in-line skate competition that was held last month, for a category that we refer to in- house as special events. The question was that fees for such events had not been through Council at that point. So, we don't -- we don't currently have a set fee structure for such events, but in Mr~ Nicholsl response, in looking at his recommendation, our intent is to develop a fee schedule for all our fees that we charge in the department and include a generic category for like special event activities that would give a range for when we are creating a special event that a fee could be charged within a range. And bring that forward to the Council for approval, which is typically done annuaJly~ I understand that it's been almost two years since you have had a fee schedule in front of you to approve for our department, so ies time to do it in an update or fee schedule. None of the fees that we have been charging for the typical events that occur year to year have changed, so it would be the addition of these new fees. We will review before we bring a fee schedule forward whether there is any fees that we would be recommending to increase~ At this point we don't anticipate any of that, but we will review that also at that time. Then, during the course of the year the only fees that we probably would probably be bringing back to Council would be if we complete the shelter at Bear Creek Park, as an example, and we are going to reserve that shelter for different groups, we'd have to bring that before you like we did last year with the shelters that we added in this last yearls cycle for your approval and such. So, we are behind on getting that up to date and we need to update it and bring it back to you. And Mr. Nichols' recommendation is a good one and what we will choose to follow if you agree. So, with that I'll stand for questions. De Weerd: Okay. Any questions from Council? I guess, Doug, it's always nice to hear from the recreation program on the upcoming schedule, so ies -- I always found it of interest and that's where we can catch some of these fees, but, Council, there will be occasional events that I guess we could bring them through on an individual basis as the new program comes up~ Mr. Wardle. Wardle: Madam Mayor -- and I believe that's what the department is asking for. With-- on the recreation side) Kathleen is out looking for new activities for Meridian and they donlt always fall into our set fee schedule and so if we could agree that those kinds of activities could be done on a case-by-case basis, it would be beneficial for the department. Nary: Madam Mayor? De Weerd: ML Nary. (, Meridian City Cou ncil August10~2004 Page 11 of 43 Nary: And I would agree -- I would agree with that~ There is a cost, of course, to publishing all of these notices for fees and so, you know, the less you can do the individual ones the better and ies best to do it all at once and to leave that category like you were talking about, about special event type of activitiesf because I know each year some of them are going to change, but that way you wouldn't have to always bring them each individually, so -- butf otherwise, thafs fine. Strong: Madam Mayor, Members of the Council, we know now with this year's history that we have a couple of events that weld like to make annual events, say I think that we can put that in a category that gives, per Mr. Nichols' recommendation, kind of a generic range, jf that's appropriate~ And we will look at that. I think it was a ten-dollar fee, as an example, to participate in the in-line skate competition and whether we want to set a fee like that as a solid fee may be the most appropriate thing for an event of that nature. Or to create a range for other special events that we might create throughout the year that would -- if we -- it can be less than or more than within this range, might -- as we go through the year and have the opportunity to offer the community other activities, to be able to fit that in without coming back with each -- each activity~ In cases like where we are adding a shelter or there is specific things that come up during the course of the year because of the completion of construction or other -- other things that go on in the department that we need to come back with a fee structure, J think it would be appropriate to do that for each of those~ But we will anticipate as much as is possible what will be on the schedule for next year and bring that all in one schedule, so that you can look at them all together and, then, approve them in one resolution. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: And just -- J believe that you will see -- we are anticipating the potential for some events and so that within range you might see things that we haven't done in the city before. Am J correct, Doug? For example, putting together community events, which may require booth space. such as a farmers market or something like that, arrange for that that we can look at year to year, I believe. are some of the ideas we have talked about. Strong: Madam Mayor, we have also in the last month's commission meeting discussed permits for such activities as concessions in parks, amplified sound in parks and, then, a special event permit that a group would want to hold an event in the park, that they would actually come in and get a paper permit and that will be one package of new fees for permitting certain types of events in a parkf which we are getting more requests for, people that want to sell concessions around the event, where they want to hold a special event in the park and there is some additional requirements that go along with that~ The recent in-line skate event that was amplified sound involved that and since we sponsored the event, we didn1t require any kind of permitting for that, but if a group wanted to come in and use the skate park and host an event and have amplified sound, (' ' Meridian City Cou nci I August 10t 2004 Page 12 of 43 there should be a permit for that, so that we can regulate the decibelleveJs around the park and things like that that keep the neighbors happier, so -- and there will be fees attached to those permits. We will bring that forward as well. De Weerd: And you're currently -- is that under development, then? Strong: My request to staff is that we develop this to have it on a Council agenda either in September or October, so it would fit. The best way for us to remember to do this every year is to fit it around the fiscal year cycle, I think~ So, that's what I'm proposing at this point, so that we remember to come back with a new listing of fees or an update of fees at some interval in the year that makes sense to the rest of our budgeting process. De Weerd: Thank you. Any further questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would just encourage that you keep the structure as generic as possible. It doesn1t seem to make sense to me that as you add structures or shelters to parks that you would have to bring those individuals structures to the Council to reestablish a fee. It seems to me a use fee for a park structure could be pretty generic and wouldn't require a specific hearing and that sort of thing, but -- anyway, I'd just encourage you to keep it as generic as you can. As far as the permits go, thatfs -- I think thafs another piece that probably ought to be viewed separately than the fee structure. Strong: Okay. De Weerd: Thank you. Any other questions or comments? Thank you, Doug. Strong: Thank you. E. Mayor's Office 1. City-wide Strategic Plan: De Weerd: Item E is Peggy is still working very diligently to get the city wide strategic plan that -- we had our last plan submitted just yesterday and maybe even this afternoon, so I think I saw them on the photocopier, so I don1t have a report for you all. You will be getting those in your boxes. You should notice in the strategic plan this year we have taken the 13 challenge areas into graded -- a chart on which departments have some responsibility, strong some what -- or some what responsible and those that no one took responsibility for were dropped off the priority list, because they were not priorities at this point and so those have all been integrated into the department strategic plan and you will be getting those, like I said, in your boxes. Anna, do you have anything you would. like to add to that? c..: . Meridian City Council August10t2004 Page 13 of 43 Canning: Madam Mayor, Members of the Council, just a little bit of explanation about those challenge areas. What we discovered when we went to look at our kind of mid year reporting was that in looking forward to this year's strategic plan is that no one had ever gone back to look at those 13 challenge areas and to say, okay, how are we integrating these into our individual plans and that's -- the chart that you will see was a working document, kind of, for us to say, okay, who takes care of this -- you know, either has -- a big part of their job is to take care of this or a little part of their job is to take care of this and, then, in those cases where no one was taking care of it at all, we made sure that it got assigned and put into the individual strategic plan, so it was just -- it was a step that was missing in the previous iterations of the strategic plan that we tried to clean up this time around. De Weerd: And we tried not to assign too many to you all, so we'll see where that all falls out. Any questions? I guess 1111 ask that after you have seen them~ Thank you, Anna. Item 8: (Items Moved from Consent Agenda) De Weerd: There were no items moved from the Consent Agenda. Item 9: Approve Amendments for 2004 Fiscal Year Budget: De Weerd: So, we will move to -- Item 9 is to approve the amendment for 2004 Fiscal Year Budget. Kilchenmann: For the 2004 budget amendment, I put some backup documents in front of you. What I did is because when we do these final notice ones, everything is so rolled up, so the backup documents explode every one of the net numbers, so that the first one that says amendment proposal behind the hearing notice where ies all in red, those are the revenues exploded so you can see the detail that make up each of those net revenue numbers and, then, there is another schedule that just says FY04 budget amendment and those are all the expenses and the capital outlay exploded, because these net numbers hit so many different accounts. And they are all the same items that we talked about last week or the week before and we talked about each individual item4 De Weerd: So, you integrated the list you gave us last week and this is the final -- Kilchenmann: Yes. I think itls more comprehensive. It's easier to read. De Weerd: Okay. Council, do you have any questions on this item? Okay~ Hearing none, do you want to go ahead and move on to the next agenda item? Bird: Madam Mayor? De Weerd: Mr4 Bird. Meridian City Cou ncil AUQust10,2004 Page 14 of 43 (, Bird: Don1t we have to -- I don't think we officially -- do we officially approve this? Berg: Madam Mayor, you need to approve it, so we can publish it -- Bird: Thafs what I mean. Berg: -- and so we have the Public Hearing. Bird: And we do it one at a time. Berg: Yes. They are two separate items. Bird: Okay. Madam Mayor? De Weerd: Mr. Bird. Bird: J would move that we accept the FY04 budget amendment proposal as published. Rountree: Second. De Weerd: Okay. Ifs been moved and seconded to approve the 2004 Fiscal Year Budget Amendment. Any further discussion? Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 10: Approve 2005 Fiscal Year Tentative Budget De Weerd: Thank you. Item 10 is Stacy as well. Kilchenmann: The FY05 Tentative Budget. This is -- again, this is the net roll up of all the individual items that we have discussed. There are two changes since our budget hearing. One of them is the addition of 50,000 dollars for Lochsa Falls, which if there are any questions 1111 refer to Mr. Wardle. Then, we had a miscalculation in rent for Planning and Zoning, which required an addition of 8,000 dollars and Anna is prepared to grovel if necessary on that one. De Weerd: Or you can ask Mr. Wardle as well. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Stacy, those are the only two changes? Meridian City Cou ncH August 10, 2004 Page 15 of 43 ( Kilchenmann: Yes. Wardle: If J could just briefly discuss both of those changes. The first one for Lochsa Falls for 50,000 dollars was discussed in the last parks commission meeting after the budget hearing and so in that -- but in that commission meeting we heard from PAL Soecert who we are partnering with, to develop this park, one of the things became apparent as we had discussed in an earlier Council meeting with regard to the final plat of the property and when the -- essentiallYf curbJ gutter, and sidewalk would be placed on that. As you will remembert the City Council allowed that to be bonded for from the developer1s standpoint and weld decide what to do with it at the city level later~ PAL is prepared to try to open that park by September of 2005 for their playing season and the additional 50,000 dollar expenditure, which is offset by park impact fees, would be for the city to pay for their portion of curb, gutter, and sidewalk. That is not a hard bid number, thafs a budget number, and so that would be the reason ( would request -- or the parks department is requesting the 50,000. De Weerd: I would also add to what Councilman Wardle has said, is this is the same approach we had at Meridian Settlers Park with the partnerships we have there with both Adventure Island Playground and Meridian Youth Baseball. So, this doesn1t deviate from how we have approached any of our other partnerships. Bird: Madam Mayor? De Weerd: ML Bird. Bird: Mr. Wardle, what is the total city impact on Lochsa Falls now? Is it 200JOOO? Wardle: Mr. Bird, J do have current figures. The number 183 from fiscal year -- Kilchenmann: I could go look it up. De Weerd: Mr. Strong, do you know off the top of your head? Bird: Just in -- I think you had 150 for -- it's 200,000 now. And what kind of -- our generic deal, what kind of use are they going to have priority use of the deal for all year or for six months or -- De Weerd: Mr. Wardle. Wardle: Mr~ Bird, we have got right now -- before the Parks and Recreation Commission a draft agreement that's gone back and forth between the attorneys for that -- that agreement with PAL Soccer. To explain a little bit of the urgency, we have not spent the money that you -- that you have discussed from fiscal year 2004 has not been spent, that1s for master planning documents and that will roll over into -- to be able to be spent, but PAL is on a time line now with their fundraising efforts and, obviously, some ...:. ( , Meridia n City Cou nci I August10~2004 Page 16 of 43 of the urgency they have is they need some playing fields for next -- for 2005 and so they are prepared to move forward with their financial contributions and you will see, hopefully, shortly, an agreement that will outline all of those things and I donrt have the specifics for you right now. Bird: Okay. Thank you, Shaun. Appreciate it That's all I had. De Weerd: Thank you. Thank you, Stacy. Ohf Mr. Wardle, did you have something further? Wardle: Just on the other item, Madam Mayorf if-- Kilchenmann: I think we should make her grovel. Nary: That's what I'm thinking, too. De Weerd: She's ready. Wardle: Anna had a miscalculation in her increase of rent and asked me how to proceed. I suggested that she bring something forward to the Council this evening for an amendment for you to look at, so -- Canning: J'IJ go quickly. Our current lease is for 29,000 dollars and itls approximately 1 r800 square feet and I think, in all honesty, that Public Works subsidizes this partially, because I donlt think we are -- well, I mean the building department. Excuse me. Because J think that we are not paying for the portions of the hallway and the common areas that is being -- that are part of the lease agreement and we do pay about 16.50 a square foot and thafs our current lease and the enhancements -- when I originally drafted them, we thought we were going downstairs next to the building department and the space I requested was 8,208 dollars for each new planner, for a total of 16,416 dollars for a lease~ It also had a request for a large copier, since we were getting separated from Public Works. but we later removed that, because of an opportunity upstairs. So, when we were -- when we were looking at going downstairs, I had calculated it at about 2,340 square feet~ That was probably an underestimate. I didn't understand that in these leases you also pay for bathrooms, the hallways, and those areas. So, that was a learning curve on my part for this whole lease thing. The first time I have ever signed a commercial -- or looked at a commercial lease. So, the office upstairs, the insurance agency moved out and so the opportunity came open for the City of Meridian to take over the whole upstairs floor, seemed appropriate, it provides more ability for Planning and Public Works to work with one another and we do go back and forth to one anotherls offices all the time. So, it kept that relationship there. When the lease came in, it had 3,371 square feet on it and I was a little bit floored. I think what happened was my initial calculations were off by about 500 square feet and, then, these common areas added the other 500 square feet and that's where the big discrepancy came through~ I also am asking them to make some tenant improvements upstairs~ They have agreed to do that, so that it will function for my office.. They set the ( ( Meridia n City Cou nci I August 10t 2004 Page 17 of 43 initial price at 16 dollars a square foot for the first six months and, then, going up to 16.50 for the next six months~ So, ies, actually, a better rate than what we are paying now for those new areas~ And so the additional funds I needed are actually 9,400 and I think the number that's in there right now is 8,000, so -- De Weerd: So, you had commercial leasing 101. Canning: Yes, ma'am. The hard way. De Weerd: And I guess I would underscore that the lease -- and this gives a great argument for a new City Hall and the justification for it, but when and if that City Hall project happens, that lease will allow you to move out; correct? Canning: Correct The way ifs written currently J it's kind of a sub set of the original lease, which did have the termination clause if there was a City Hall built~ So, I compared it, knowing now that I donlt know much about these things, I made sure that Gary looked at it for me and he compared it against the lease that was done for the building department and itls the same that was done when the building department expanded into the downstairs area~ Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I believe that lease -- and Gary can say it, but I think they are funded out, aren't they -- funded out leases, if the Council does not fund it the next year, you1re automatically out, so that's something that all municipalities have to enter into, unless you do like we did with the police department, so 11m sure that's the way that itls written, so we are okay there. Canning: Gary has replied in the affirmative to your questions, Mr. Bird. De Weerd: Any other comments or questions from Council? Thank you, Anna, Mr. Wardle~ Anything further? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I got a question for the city clerk. We set -- we need to approve this and send it forward, but we have already set the Public Hearing date, haven't we, of August 24th? Is that what it is? Berg: Madam Mayor, Members of the Councilf we set the date of August 3181. Bird: Oh, the 31st. Okay. (~:".., -. . . c..:... ,",.- Meridian City Cou nd I August 10, 2004 Page 18 of 43 Berg: (III have to look~ I think it1s 6:00 o'clock. Bird: J was just trying to get a Tuesday off. Berg: But that had been set before April 30th. Bird: Yeah. Thafs right. Berg: And we have to approve a tentative budget, so that we can publish it in the newspaper for the Public Hearing to be noticed. De Weerd: And we did have some discussion on that today at the director1s meeting. Since our budget workshop, we thought brevity should be the flavor of that workshop~ They would like to highlight some of the department's accomplishments and milestones met over that budget year, so the budget presentation will include some of those milestones. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: With that I move that we send forward the fiscal year 2005 tentative budget to be published. Rountree: Second. De Weerd: Okay~ It's been moved and seconded to approve the 2005 Fiscal Year Tentative Budget for publishing. ML Wardle. Wardle: Madam Mayor, I just want to check with Stacy that the number for Planning and Zoning is correct at the 9,363 dollars. Kilchenmann: No. The number that's been added is 8,000 dollars, because that was the number we were given last week~ So, I guess Anna will be cutting back someplace. Either that or we will have to do an amendment next year. Bird: Thafs what we will do. De Weerd: Okay. Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea~ MOTION CARRIED: ALL AYES~ ;/ ( .. Meridian City Council August 10t 2004 Page 19 of 43 Item 11: Tabled from August 3,2004: FP 04-038 Request for Final Plat approval of 30 single-family residential building lots and 5 common lots on 16.4 acres in an R-4 zone for Autumn Faire Crossing Subdivision by Autumn Faire, LLC - south of West Ustick Road and west of North Black Cat Road: De Weerd: Item 11 was tabled from August the 3rd, 2004, on FP 04-038. We will start with Anna. Canning: Madam Mayor, Members of the Council. This is a final plat for 30 lots in Tricials Crossing Subdivision, also known as Autumn Faire Crossing Subdivision, so there are two names for this one. I think we recently looked at some of the park issues associated with this. This project is west of Ten Mile between -- and south of Ustick, to refresh your memory. This is the approved preliminary plat. This is the final plat. And as you can tell, they are in substantial compliance with one another. The applicant is in the audience and he's indicated that he is in -- what do I usually say? He's in agreement with the conditions of approval. There we go. Staff is recommending approval of this final plat. De Weerd: Okay. Council, any questions for staff or the applicant? Bird: I have none, Mayor. De Weerd: Okay~ I would entertain a motion on this item, then. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 11, FP 04-038, final plat for Autumn Faire Crossing Subdivision. Rountree: Second. De Weerd: It's been moved and seconded to approve Item 11. Is there any further discussion? Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 12: Tabled from August 3,2004: FP 04-044 Request for Final Plat approval for 5 commercial building lots on 2.88 acres in an L-O zone for Lvnnwood Plaza Subdivision by Busterback Development, LLC - north of West Cherry Lane and east of North Ten Mile Road: ~ ;.:....-. ~ ~: f . (, Meridian City Cou nci I August10~2004 Page 20 of 43 De Weerd: Thank you. Item 12 was tabled from August 3rd for FP 04,044. Anna. Canning: Madam Mayor, Members of the Council. this is a final plat for five commercial building lots~ 11m going to go to the site plan to give you a little better idea of how the property is laying out There is -- there was one challenge with the final plat associated with this~ The preliminary plat showed landscaping within an easement for an irrigation facility on the west side of the property and Nampa-Meridian was not going to allow landscaping within that easement, so we did work with the applicant on an alternative compliance. They have relocated all the trees that would have been located in that easement to the other portions of the property. They will still be able to fit in one little tree right there, because for some reason the easement isn't right there and as part of that alternative compliance they are going to build a new fence for the first two properties, so it will go to about there. The first property, the fence is -- has a varied top to it, so it's not six feet at all height and it also has several knot holes that have fallen out over time and there is a driveway proposed -- a drive-thru facility proposed that would enter this way~ So, we are concerned about lights going through. So, the applicant has agreed to build that fence. And, then, the second residence here doesn't have any fence at all, so they are going to extend a new fence to the edge of that second property. And with the alternative compliance, this plat is in substantial compliance with the approved preliminary plat and staff is recommending approval. I believe that the -- I talked with the applicant earlier today and they are in agreement with the conditions of approval. De Weerd: Okay. Council, any questions? Bird: I have none, Mayor~ De Weerd: Thank you, Anna. Mr. Wardle. Wardle: Madam Mayor, I move that we approve Item No. 12, FP 04-044, final plat for Lynnwood Plaza Subdivision. Bird: Second. De Weerd: Itls been moved and seconded to approve Item 12~ Is there any further discussion? Hearing none, Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 13: FP 04~049 Final Plat approval for 50 single family residential building lots and 15 common lots on 21 ~ 16 acres in a R-4 zone for SaQuaro Canyon Estates Subdivision No.1 by Farwest, LLC - north of East McMillan Road and east of North Meridian Road: ( ( Meridian City Council August10~2004 Page 21 of 43 De Weerd: Item 13 is FP 04-049. Let's start with staff comments. Canning: Madam Mayor, Members of the Council, this is the first final plat to come in for the Saguaro Canyon Estates Subdivjsion~ The plat is the southern most portion of the approved preliminary plat where it connects to Ustick Road -- McMillan Road. Sorry~ And this is the only -- you may remember this discussion from the preliminary plat, but this is the only portion of the property that can -- currently has sewer available to it. They will have to bring in a trunk line from the west to serve the remainder of the property~ The plat includes 50 single-family residential building lots and 15 common lots9 Just to clarify, this is not an open space lot, this is a single family house. They do, however, have significant landscape features coming into the property and, then, up the kind of front collector road in these locations, but that is an existing single family home that will stay there~ The plat is in substantial compliance with the approved preliminary plat and staff is recommending approval of the plat. I did speak to the applicant before the hearing and he has noted that he is in agreement with the conditions of approval and he gave his proxy to Mr. Brown if the Council needs to ask any questionS9 De Weerd: Council, any questions or comments for the applicant? Bird: J have none~ De Weerd: Okay. Mr. Wardle9 Wardle: Madam Mayor, I move that we approve Item No~ 13, FP 04-049, final plat for Saguaro Canyon Estates Subdivision No. 19 Bird: Second. De Weerd: OkaY9 We have a motion to approve Item 13~ Is there any further discussion? Mr~ Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES~ De Weerd: Now, we have entered the Public Hearing part of our agenda9 By ordinance we ask that all those that are wishing to provide testimony on Items 14 through 18, that you are part of a swearing in process, so anyone who would wish to provide testimony, if you will, please, raise your right hand~ Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? if so, answer I will. (Affirmative Answers.) Item 14: Public Hearing: AZ 04-015 Request for Annexation and Zoning of 1 +/- acre from RUT to R-8 zone for proposed Secret Garden Subdivision by Pinnacle Engineers, Inc. - 2490 North Locust Grove: ( , (..... 00, ~.:~.. .. Meridian City Cou nciJ August10~2004 Page 22 of 43 Item 15: Public Hearing: PP 04-020 Request for Preliminary Plat approval of 7 residential building lots and 1 other lot on 1 +/- acre in proposed R-B zone for proposed Secret Garden Subdivision by Pinnacle EngineersJ Inc. - 2490 North Locust Grove: Item 16: Public Hearing: CUP 04-022 Request for Conditional Use Permit for a Planned Development for single-family residential and office in a proposed R-8 zone for proposed Secret Garden Subdivision by Pinnacle Engineers, Inc. - 2490 North Locust Grove: De Weerd: Thank you~ Okay. I will open Items 14, 15, and 16, Public Hearing AZ 04- 015, PP 04-020, and CUP 04-022. We will open these public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is -- it's, actually, a rezoning request, rather than a zoning request, and I will get into more detail on that issue, but the property is an in-fill property. It's a little over an acre in size, located on the east side of Locust Grove Road north of Fairview Avenue. As you can see, it's pretty much surrounded by residential development and there is an existing home on the property. There it is. Sorry. The proposal is to provide -- to have a preliminary plat that divides the property into one office building lot and, then, six residential lots. These would be attached units here. The entrance to the site -- there would be a single entrance, it would come -- this would be a private street to this location and, then, kind of becomes just a hammerhead turnaround for the fire department, so that they can get in and out, as well as trash. So, this portion of it would be built to the standards of a private street. They will be putting a sidewalk -- our private street standards require a sidewalk on two sides~ Staff is in support of the applicant's request to just put a sidewalk on the side nearest the office and forego the sidewalk on this side. The reason staff is supportive of that is they have gone to great extent to preserve some beautiful existing trees on the site and you will see them on the site plan. These are all existing trees that they are keeping. Itl5 such a small project that staff didn't really see any benefit to having a sidewalk in this open space area and it helps to preserve the treeS4 This application also comes forward to you as a planned development and as part of that, the amenities for that planned development; they are proposing 30 percent open space. And, again, that's this large open space area and they are also proposing a picnic table in that area. So, those are the amenities. What they are asking for is three different deviations. One is to reduce the minimum lot size from 4,000 square feet to 3,946. SOl it's a 54 square foot reduction in lot size for the attached residential units. They are also asking for a reduction in frontage from 30 feet -- the smallest that they have is 41 feet. So, again, it was -- as you come in, this becomes kind of part of this private street and so it is providing frontage. It is the hammerhead4 And so the smallest amount of frontage they have on that private street is 31 feet~ And the last request is the reduction in the drive aisle width to reduce it from 24 feet to 20 feet for a private street. What they have is they will have the 20 feet and, then, an additional 20 feet for most areas where -- as kind of a parking apron, .but there will be in most places actually 40 feet of concrete or ;<<: -. .. (,.. , ~ :. .... . ~:: . Meridian City Cou nd I August 10t 2004 Page 23 of 43 asphalt to serve this private road. Did want to point out that we saw a lot of site plans for this -- I think we saw three or four. It was a very tricky site for them to come up with a suitable development and I think the one that you1re seeing tonight by far exceeds the others as far as having -- preserving the existing trees, preserving the home, and providing a nice little residential community~ These are an idea of the attached houses that they are looking at, so they are -- this is the existing home. I think there is a few shots of the existing trees. You can see some of them there~ The Planning Commission did hold a Public Hearing and they have recommended approval of this application with some changes and I will try and go through some of those discussions and changes that were made. Dave McKimmon tepresented the applicant and testified in favor of the application. The key points of discussion were SSG's concern about trash pickup on the site~ They have addressed those concerns. We do have a site plan that's been stamped or signed as approved by SSG. The building material compatibility between the existing brick structure and the new town-homes, at the Planning and Zoning Commission they basically decided that they -- that they'd work to bring the two of them together~ They didn't want to require that the houses be made of brick. There might be some other unifying factors, rather than the brick, that would tie the two together~ And, then, the width and configuration of the private street and internal sidewalk and I tried to layout some of those concerns and the resolution to those already~ The outstanding issues before the Council -- we do need to have a corrected date for the revised plat of July 23rd, 2004. The applicant, I believe, has already submitted the three copies of the revised preliminary plat~ So, I think we are okay there, was my understanding, is that we did not need another revised plat. The other outstanding issues were related to the fire department and the need to add a new fire hydrant and upsize the water lines to eight jnches~ Mr. Hood just wanted to point out that this will remain a condition of the project, even though it is not reflected on the revised plat And, then, on the private street the revised plat noted does not comply with the latter part of site-specific condition number two, the preliminary plat to show a street profile~ And, then, that should be reflected on the revised plat. The rezone notice -- oh~ Okay~ J will do my best here~ This property was actually annexed as part of Chateau Subdivision. The applicant submitted an annexation and zoning request, thinking that it was still county property~ Staff didn't catch that error until late into the process and they decided to take it forward to the Planning and Zoning Commission hearing~ The application form you send out is exactly the same for a rezone as it is for an annexation and zoning~ The procedural requirements are exactly the same for one another, our review criteria is exactly the same for one as it is for the other~ So, there would have been no procedural or evaluation difference whatsoever in how this was done. Their application was for R-8 zoning. It's already zoned R-8, but we did ask them to submit a new annexation request for the office portion~ This office was originally being done as a 20 percent use exception of the planned development We have asked people to, actually, rezone those properties, so that the use is in compliance with the zone and we don't have to keep track of these use exceptions over time, that they have the proper zoning when they need to sell and things like that. So, we asked them to resubmit -- or to submit an application for just that zone and they have done that is my understanding~ So, we have the proper forms in place, we had intended to notice it properly for you all as a rezone, rather than an annexation and zoning. As sometimes is (. [\ (. ' Meridian City Cou nciJ August 10, 2004 Page 24 of 43 the case on these unusual things, we missed it when it actually came time to notice, so we did notice it once again as an annexation and zoning request. However, coordinated with the attorneys office and we still feel that it's appropriate for the City Council to act on this, given that the criteria and the forms are all the same~ And with that I will end staffs presentation. De Weerd: Any questions from Council for staff at this time? Bird: J have none, Mayor. De Weerd: Okay. Is the applicant here? Do you have any comments. If so, you need to step up to the microphone. Please state your name and address. Hobbs: My name is Chris Hobbs, 11m with Pinnacle Engineers at 12552 West Executive. De Weerd: Thank you. Hobbs: And to point out a couple of things. On the unifying features between the new townhomes and the existing house, the -- they are going to update the existing house, the exterior of it, so that it matches the townhomes that are going to be going in there. And also to point out besides the trees that are going to be preserved in the open space, currently there are two access points, there is kind of a circular driveway and it goes in there and so that will also be reduced to that one access point and that's the comments that I have at this time. If you have any questions, I would be happy to -- De Weerd: I guess I just have one. When you said that they were going to update the current home -- Hobbs: Existing home. De Weerd: And, then, you said hopefully. Hobbs: Well, with your approval, of course. De Weerd: Okay. I was just wondering if that was in question. Hobbs: No. De Weerd: Okay~ Thank you. Any questions from Council? Canning: Madam Mayor? De Weerd: Yes, Anna. ( (,... . Meridian Cjty Coundl August 10, 2004 Page 25 of 43 Canning: Itm trying to review that -- that note from Mr. Hood that says we need the applicant to submit three copies of the second revised preliminary plat and I think I was misunderstood and that we do still need to have those copies to reflect those changes~ I can1t find a plat that shows those. De Weerd: SOt the revised plat that you said dated July 23rdt 104, did not have those changes on it? Canning: Correct And it's just for our files we would like a revised one, so that when it comes time to do the final plat, we have the revised drawings~ They are not substantive changes that would affect your approval, at least that would not seem to be, but we just wanted it for our files more. De Weerd: Okay~ Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I have a question for the applicant You have indicated in your presentation or at least the piece that Anna provided for you, an elevation of the possible homes to be built, but there was no indication that that was really what was going to be built there, it was presented as what could be~ Can we get something more definitive from the applicant in terms of the type, size, and quality of the residents that would be built there? Hobbs: At this time money hasn't been spent to design those, because we are still in the application process for the preliminary plat, but that is the intention, that -- the actual lots are a little -- are somewhat narrower than what is shown there, so it would be narrower than that, but that style is the intention. So, I believe more could be provided. So far the money hasntt been spent to do those designs, because we arenft to that point in the application process -- the approval process. Rountree: SOl I guess my question for the record and your response is is that that elevation is a fair representation of -- or a representation of what will eventually be designed and placed on these lots? Hobbs: That is our belief, yes~ Rountree: You also indicated that the existing home would be updated. Hobbs: Yes. Rountree: In my mind that could have been a new sink, but what does that mean in -- Hobbs: Thafs the exterior that would be -- ( ( ., Meridja n City Counci I August 101 2004 Page 26 of 43 Rountree: And what kind of a design criteria are we going to see there? Hobbs: My understanding of the discussion from the Planning and Zoning Commission meeting was that possibly some -- using the mortar design that's more commonly used in more updated commercial buildings and it's going to be -- the intention -- ifs going to be -- the building is going to be used as a real estate office and so especially in the real estate business they need to have that building looking modern. I don't know the exact criteria that will be in place, but -- Rountree: Thank you. De Weerd: Any further questions from Council? Okay~ Thank you. Is there anyone wishing to provide testimony on this application? Staff, do you have any further questions or, applicant, any further comment? Okay. Council? Nary: Madam Mayor? De Weerd: Mr~ Nary. Nary: Anna, could you show the -- show just the locationf that aerial you had? So, the notice -- the issue about the issue of rezone versus annexationf that same annexation notice went out to that 300-foot radius anyway? Canning: Correct. Nary: Okay. And no one came to the Planning and Zoning Commission either; it would appear, to have any objection to this? Canning: No, it wouldn't -- it doesn1t appear that waY4 Nary: OkaY4 Thank you~ Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: A question -- I guess a clarification~ Even though this is an annexation and zoning hearing, the property in question already is annexed into the City of Meridian and zoned an R-8? Canning: Correct Rountree: Thatls correct. My question, I guesst for staff is how do we get a parcel like this sitting out there like that, that was annexed as part of the adjacent subdivision and there was no provision made in the final subdivision plat to make a connection to this ..i (.' Meridian City Council August10t2004 Page 27 of 43 parcel, so it, essentially, looks like ifs an enclave, but is not, and I guess -- you probably can't answer that, because ifs probably happened enough years ago that there really isn't an answer. Canning: Fortunately, yes. It was not on my watch, so I can disclaim any knowledge, but I do want to assure the Council that we are being much more dogmatic, perhaps, about making sure that these existing homes get brought into the subdivision, rather than just (eft as an out parcel and that they are included within the plans for the subdivisions. Rountree: And thafs a perfect seg-way into my comment was I hope it doesn't happen again. Canning: Yes, sir. Duly noted. De Weerd: Yes. But just to note, there is probably more -- Rountree: There is probably a few hanging out there4 De Weerd: -- than just this one out there. Canning: Madam Mayor, Members of the Commission, I was searching through the file, because I thought the Planning and Zoning Commission had added some language about reviewing the materials to be consistent with what was presented. I was confusing it with your next application, but if that is something that the Council is concerned about, that these -- that the houses appear similar to what has been proposed tonight, it helps us if that.s made clear during the hearing and, then, when those plans come through, we are able to -- to look at them a little more closely and make sure that they are as proposed. De Weerd: I guess to also add to that is prior to commercial use or an office use of the house! can a condition like that be put on? Canning: That the applicant submit drawings that compare the look of both of them? Is that -- De Weerd: Uh-huh. Canning: That could certainly -- sounds like would be consistent with what the P&Z discussed that night also. De Weerd: OkaY4 Council, any further questions for staff? Any further comments from the applicant? Okay. I have an open Public Hearing. I would entertain a motion to close 14,15 and 16. Bird: So moved. Meridian City Cou nciJ August10~2004 Page 28 of 43 Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Items 14, 15, and 16~ All those in favor say aye~ All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion or further information needed for Councills consideration? Okay. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr~ Bird. Bird: If we are not all going to speak at once, I move that we approve Item 14, AZ 04- 015, with staff, applicant, and public comment. Wardle: Second. De Weerd: Okay. It's been moved and seconded to approve Item 14~ Chris, do we need to specifically note that it's for a rezone or -- Gabbert: Madam Mayor, Members of the City Council, we addressed this at the Planning and Zoning and, again, it was noticed, in my opinion, incorrectly. We discussed it and, thenJ decided because the zoning and annexation was similar in the notice requirements as we just discussed were the same way, the applicant had complied with the request from Planning and Rezoning and resubmitting and I think it was more of a procedural error on the staff's part for the posting at this hearing, so I think that we can proceed forward, because the procedural requirements were exactly the same. De Weerd: So, the motion should be not for annexation and zoning, but for rezoning? Gabbert: For the rezone~ Bird: So moved. De Weerd: Okay~ Second agree? Wardle: Second agrees. De Weerd: Okay. And do any of the additions for the look need to be put on the rezoning or is that more appropriate in the CUP or preliminary plat? (" ("~" Meridian Cjty Council August10,2Q04 Page 29 of 43 Canning: Madam Mayor, Members of the Council, if you wanted to add conditions regarding the house, the Conditional Use Permit would be the appropriate application. De Weerd: Okay. For the CUP. Okay. Any further discussion? Mr. Clerk, will you call roll ? Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 15. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Item 15, PP 04-020, Secret Garden Subdivision, and to include all staff, applicant, and public comments. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve Item 15. I guess with the revised plat notation of 7/23/04. Bird: Yeah. De Weerd: And the notation from staff that they need another -- Canning: Three copies of the revised plat. De Weerd: Another three copies. Okay. 11m sure the applicant noted that. Any further discussion? Mr. Clerk, will you call roll. Roll-Call: Bird. yea; Rountree, yea; Wardle, yea; Naryt yea. MOTION CARRIED: ALL AYES. De Weerd: Item 16, CUP 04-022. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve Item 16, CUP 04-022 and this is where the existing house, the conditions on the existing house will be added as per staff and also include the applicant and public testimony. (' Meridian City Council August 10t 2004 Page 30 of 43 Wardle: Second. De Weerd: Okay~ Ifs been moved and seconded to approve Item 16~ Mr. Assistant City Attorney, is that enough clarity for you to work with the findings? Gabbert: And this was to include the submission of the comparison between the building materials? De Weerd: Yes. Gabbert That will be fine. De Weerd: Okay. Any further discussion? Mr. Clerk~ Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES~ Item 17: Public Hearing: AZ 04-013 Request for Annexation and Zoning of 13~5 acres from RUT to C-G zones for Stow-It StoraQe Facilitv by Lyons Development, LLC - southwest corner of Stoddard Road and West Overland Road: Item 18: Public Hearing: CUP 04-017 Request for a Conditional Use Permit for a Planned Development for a storage facility with a caretaker residence and future office/retail use in a proposed C-G zone for Stow-It Storaae Facilitv by Lyons Development, LLC - southwest corner of Stoddard Road and West Overland Road: De Weerd: Thank you~ Okay~ Items 17 and 18 are public hearings for AZ 04-013 and CUP 04-017. I will open these two public hearings with staff comments~ Canning: Madam Mayor, Members of the Council, this property is located south of Overland Road and west of Stoddard Road. It was -- a brief history. It was the subject of an application last year that was denied. That application was for a contractor's yard -- that's what it was for -- ohf and a Comprehensive Plan amendment change to allow that use in that area~ The property is currently designated as mixed use on the Comprehensive Plan~ As reference points, this is Bear Creek. This is Queenland Acres~ This is the Idaho Power substation site~ The property is about 13 and a half acres in size and what they are proposing is -- okay. Here we go~ This is an indoor -- an indoor storage facility here. There will be a small office up front where the gates are and above that office will be a caretakerls residence. And, then, you have seven storage buildings, I believe -- five storage buildings~ Excuse me~ Varying in size, but they will kind of funnel traffic down in this direction and, then, kind of looping around in that direction. The applicant has proposed or laid out a possible development of the t.. , (' Meridian City Council August10t2004 Page 31 of 43 remainder of the property. At the corner the idea is to have future retail uses in those -- in those areas to facilitate the mixed-use aspect of the Comprehensive Plan as noted. It is neighborhood mixed use, so small retail uses would be appropriate. The reason that the applicant is not coming forward with full plans at this time is because sewer is not available to the property. What they are proposing is to have a septic tank use for -- as an interim use for the office and the single-family residence on the property. Mini storages, one of those uses that kind of works as a good transition use, because it doesn1t have a lot of service needs, in particularly in reference to sewer. These are the elevations for the storage structures. This is the main office as you enter and, then, you will see the -- kind of the fencing here thafs being proposed. These are the -- they have a full elevation down Stoddard and as you see, they will have a building, you will have a section of fence, you will have building, a section of fence, building, and it -- fairly attractive elevations, actually, for a mini storage facility, to try to carry on some of the character of the Meridian rural character, I suppose. This project does come forward to you with a recommendation for approval from the Planning and Zoning Commission. At the July 15th hearing several people testified. Becky McKay testified in favor of the application. Jackie Reinhart, an adjacent property owner, testified about concerns regarding the landscaping adjacent to her property and the Overland Road access. I can briefly describe that. Idaho Power does have an access agreement along this western border of the property and I believe that the easement is for a full 75 feet. The applicant has been able to work with Idaho Power to provide the landscape buffer in a portion of that easement and, then, still provide them their emergency access~ The plan that went forward to the Planning and Zoning Commission was a little different than this one. It had parking for boats and RV storage in this area. It has been modified, so ifs just the emergency -- or the temporary access or the access for the Idaho Power substation in this area and, then, we have got the landscape buffer there. Shane Hodgekiss testified with concerns regarding sewer service in the area and, then, again, access to Overland Road and landscaping. And Garrett Harwell, a nearby property owner, testified about the submitted elevations along Stoddard Road and I did show those to you~ The Commission discussion focused on sewer serviceability, access points to Overland Road, and as noted before they do have -- this is their primary access to Overland Road for the project. And, then, the Idaho Power Company easement to the west and the landscaping within the easement. The amenities and elevations and overall design of the site. Do we have -- we don't have the amenities. The original application did not propose amenities. The applicant has come up with an amenity for the intersection at Overland and Stoddard that would provide I think a six foot fountain with some seating areas along here, so it would provide' kind of a landscape amenity to the future neighborhood center or -- that's envisioned in this area. The key Commission changes to the staff recommendation, there were five of them. They included requiring a two foot wide landscape buffer to the west, as noted before. And coordinating materials to be used with the adjacent property owner. Approving the amenities presented by the applicant at the Public Hearing. And limiting the hours of operation within the development from 7:00 a.m. to 10:00 p.m. And the applicant in their letter, you will notice, that that is the one issue that they have raised. They have asked that the City Council, instead, change those hours of operation from 6:00 a.m" to 1 0:00 p.m., so that is the one concern that the applicant has with the conditions of Meridia n City Cou nci I August10t2004 Page 32 of 43 /.. \..~ approval as stated~ There is an outstanding issue before the City Council in that the Hardin Drain -- the application has asked for a waiver of the standard to tile that irrigation ditch. Ifs here at the south end of the property. They have a berm and, then, the storage units on the other side of that drain. That is something that needs to specifically be granted by the City Council. And, thenf did just want to point out that it is unusual for staff to be recommending that the applicant be allowed to use a temporary septic system for the office and the residence~ The condition has also been left fairly open to allow them, if they choose, to put in a grinder and a pump station to pump it to a nearby line~ Itls left open at this point~ Okay~ Finally, the applicant has submitted copies of a revised site plan and landscape plan reflecting the changes requested by the Commission and that's what you1re seeing tonight~ Staff is supportive of the revised plans and the date on those is 7/30/04, so we need to change the date of the preliminary plat. Currently it is May 11th and that should be July 30th, and that date can be found on item number three, page three, of the CU conditions, if that helps. With that I will end staffs presentation. De Weerd: Council, any questions for staff at this time? Bird: I have none, Mayor. De Weerd: Okay. Would the applicant like to come forward? Were you sworn in? McKay: No, ma'am. J was late. De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? McKay: Yes, it is. De Weerd: Thank you. McKay: Becky, McKay, Engineering Solutions, 150 East Aikens, Suite B, Eagle. 11m representing the applicant in this application~ As Anna indicated, this property is currently owned by Idaho Power. They purchased the entire parcel, which includes what you see to the south, in order to construct a substation. An application did come before you last year concerning that. The major concerns were, obviously, the esthetics and the particular useJ the contractor's yard, the elevation of Overland sitting kind of high and looking down into the property, because it does slope toward that Hardin Drain. When the applicant brought this project to me, one of the things that I stressed to him was the fact that we do have a Meridian community park on the east side of Stoddard Road just south of this property and that, obviously, the esthetics of this corridor along Stoddard Road are going to be important and to construct sayan average mini storage facility that appears to be like just a straight wall along Stoddard would not be recommended, that I believe the City Council would like to see something more than that. So, what they came up with -- we have got 25 feet of landscaping along Stoddard, 30 feet of landscaping along Overland Road~ ACHD will require that we Meridian City Council August10~2004 Page 33 of 43 (.,. :.-. , ~~...~.. .. c..:... ' construct curb, gutter, and sidewalk and pavement widening on Stoddard or trust fund for those improvements~ Overland Road will be constructing sidewalk and they have also given us the option of trust funding for that, since Overland is scheduled for a five lane rebuild in 2007~ This is a multi-phased mini storage facility. This is a climate controlled building and the office would be on the ground floor~ Also in that office would be some retail, which would be packing supplies, tape, ropes, bungee cords, those items that people would purchase in order to move their goods. Above that office would be an apartment and that would be the caretaker for this facility. As Anna indicated, itls mixed use neighborhood, therefore, we felt that incorporating some different components into this was important, in my past experience with Mr~ Nary, so we laid out this corner here, interconnecting with this access, showing like a future retail or office. In the development agreement this would not be developable until such time as the Black Cat Trunk heads out and crosses the freeway and goes in a southeasterly direction~ But we did want to give the staff a layout and Ada County Highway District, so that they could see how this interfaced with the project and where those access points were located~ We have a right-in, right-out here and, then, we have a right-in, right-out there and, then, a full access within the interconnection here and a full access here on Stoddard Road. 11m having mechanical difficulties here~ This kind of gives you an idea -- one thing I wanted the architect to provide me was some good elevations to give the Council an idea of what that Stoddard Road corridor and that Overland Road corridor would look like~ This particular elevation here is the office andJ then, the apartment above and, thenf you see the gate~ It's very rural. Cute~ It has the little cupola, it's got a little clock, and, then, on the elevation of Stoddard, even though this is one building, by oscillating those roofs and bringing them flat here, it makes the appearance that it is not one solid building~ So, we had the architect spend an immense amount of time trying to demonstrate to the Council that the character and quality of this facility would compliment this Stoddard Road corridor~ And he sent these drawings, we got these this morning. These are computer generated and they give you, instead of just that one dimensional look, a multi-dimensional look and you can see here how those buildings work and here is the flat roof and, then, the trusses there~ And that gives it an oscillation and gives it a far more curb appeal than you would normally see with a mini storage faciljty~ As far as the amenity, it was hard to come up with an amenity~ We had to think about it for a while. And, then, one day when I was driving by Applebees over at Glenwood and State, I realized if this type of-- De Weerd: If you want to give that to Anna, she can put in on -- McKay: This type of feature would, obviously, compliment that intersection, so when someone is coming west on Overland and turns onto Stoddard, they would see that fountain feature, the stamped colored concrete around it, just as the drawing shows, and, then, we put some park benches on each side of it and, then, the other thing that we proposed was along the Stoddard corridor, if somebody.s walking down the sidewalk. say towards the park, we would put some little enclaves of landscaping and usually some landscape rocks and, then, put some benches there to promote pedestrian friendly interconnection in that corridor. We did have a neighborhood meeting. We did not have a lot of people that came to that neighbor meeting. One of ~~:~ ~ . Meridian City Council August10t2004 Page 34 of 43 the people that did show up were the Reinharts. They are directly to the west of us and their main concern was, obviouslYf that we provide landscaping on our western boundary andt two, that we coordinate fencing. Originally at the Planning and Zoning Commission meeting they thought that they wanted vinyl fencing, but another site meeting with them last week, Mr. Reinhart indicates they are going to build a riding arena, personal riding arena, so they may need something, obviously, more sturdy than vinyl, more, you know, like pole fencing or something along that line, which still could fit in with the character of this facility, being kind of rural in nature. My client did an extensive market research and there are no facilities, storage facilities, south of the interstate, with the exception of that Old Valley Storage out on Highway 69. But no new facilities, which have, you know, all the new electronic equipment and so forth as far as monitoring the merchandise that they have stored there, plus the climate controlled building. We feel that for a mixed neighborhood usef this will, obviously, service subdivisions such as Bear Creek, providing storage for recreational vehicles. That's typically the number one thing we see in these storage facilities~ This will be the third one that I have worked on~ I have done Cloverdale Storage and, then, Ten Mile Mini Storage and if you drive through there it just shocks me the size of the motor homes that are in these facilities~ People spend a lot of money on their recreational vehicles and they, obviously, want to keep them in a safe area where they are covered and so that they are protected from the weather and so forth. There is central water out at this facility~ We did design it with two access points, so it would meet the fire department requirements~ It also has the radiuses to meet fire department requirements~ And the only other issue is the issue of sewer and in my past conversations with the staff there were two options, since, obviouslYf the Black Cat sewer does not exist at this time~ One, to have a septic system approved by Central District Health for the office and apartment Ort two, to have like a grinder pump, as you would have in a basement of a home and pump into the manhole that is in Overland Road that services Western Electronjcs~ So, there are a couple of options. In the development agreement, obviously, the rest of the property would be un-developable until such time as that sewer was constructed. The other things I noticed in the staff report, there was no reference to the easement~ I believe on your facilities plan the trunk is supposed to go parallel with that Hardin Drain, so I believe that there should be some condition stating that an easement, obviously, to facilitate that sewer extension through this property in the future is taken care of and not -- you don1t have to deal with it after the fact when these buildings are built. Across the street to the north you have got that industrial area, Western Electronics, DBSI. DBSI testified at our last hearing. Their only concern was the esthetics along Overland, that we would provide landscaping, that we wouldn1t have just gravel, that this would be a top-notch facility~ We have got commercial kitty-corner, C-G and C-2 over there in the Boondocks facility and, then, to the east of us, even though we have single-family dwellings along that area, they are designated for future commercial uses. I feel this is a pretty good fit. They are low traffic generators~ They don't generate a lot of sewer, they don't have peak hours like other facilities, and to propose any residential next to that substation would be a mistake and Idaho Power -- one of the things that they stress to us was they don't -- did not want any residential component in this -- on this parcel. Do you have any questions? (. J. Meridian City Council August10~2004 Page 35 of 43 De Weerd: Council -- Charlie? Rountree: Madam Mayor, our plat shows an RV dump station. Speak to us about that McKay: The architect placed that on there. I did not discuss that with staff, nor have we got the consent of staff for that. Obviously, that would put more of a strain on the system that's out there, so I guess Bruce should probably speak to that. It may be inappropriate until such time as that trunk goes out there. Freckleton: Madam Mayor, Members of the Council) Commissioner -- or, excuse me, Councilor Rountree. Sorry. Used to that I do believe that it would be inappropriate at this time and it should be added as a condition that the RV dump wouldn1t be approved until such time that the sewer was through there. Bird: Madam Mayor? De Weerd: Thank you, Bruce~ Mr. Bird. Bird: I agree wholeheartedly, but I think it1s something that I like left in there once the sewer comes through, because it is nice to have for people that park their RVs in that, but there is absolutely no way you can activate that right now until you get the sewer coming through there. De Weerd: Mr. Nary? Nary: Becky, since this is a single building heref this is that one you were showing this elevation along Stoddard? McKay: Yes, sir. Nary: SOf this is the one that has the graduated altered roof-line along that? McKay: Yes, sir. Nary: Well, not having been a fan of the last proposal, I think this is a much more significant improvement. ) think it really is -- it really is a lot better use than what we have seen previously. And I donlt think I have seen that type of design before. McKay: It's really revolutionary, as far as I'm concerned. The esthetics of it are far superior to any of the other buildings that I have ever come across. Wardle: Madam Mayor? De Weerd: Mr. Wardle~ Meridian City Council August 10t 2004 Page 36 of 43 (/m.. ': ' , . Wardle: Becky, I have a question about the hours of operation. I was just reading through the Planning and Zoning minutes at the end of the conversation they added a paragraph 22 with the hours of operation and staff answered 7:00 a.m. to 10:00 o'clock p.m., I think. It's your recommendation to move that from 6:00 a.m~ to 1 0:00 p.m? McKay: Yes, sir. Wardle: And the reasoning would be -- McKay: Well, after thinking about that, it kind of -- the time -- we didnlt really discuss that prior to the Planning and Zoning Commission meeting, but, then, after thinking about it, the client said if someone is going to go say hunting, for example, and needs to get their RV, guys usually take off really early to go hunting. See, us women, we donlt want to be going until 9:00 or 10:00. But men, you know, they are out there at 6:00 o'clock getting their RV heading out and so the client, after calling around and checking, researching other facilities, he found that most of them opened at 6:00 a.m. Wardle: Thank you. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: A question for Becky. On these photos, give me a sense of scale~ We donft have any scale on the elevations. What are you talking height-wise? McKay: I don't think hels got any scale on the structures. You can see -- this is the office~ It's, obviously t a two story and you can see comparing the building here to that, these all appear to be within that single story range. Weld have to scale this, because he doesn't have any dimensions here. Oh, wait He does. Midpoint roof, 24 feet ten inches there. This one is 19 feet. Rountree: Consistent with residential~ McKay: Yes~ Yes~ Rountree: Okay. McKay: And this would be a multi-phased project~ They would be building it in phases~ The perimeter would be built first and the office for the facility. De Weerd: So, you would do the full landscaping on the piece of property? McKay: Yes. Yes. De Weerd: And in front of the future office? C'"'" .. , (.....-:.. " Meridian City Council August10~2004 Page 37 of 43 McKay: Yes. Yeah~ They would be building -- I think we had this as phase one and, then, this here he had as phase one. Establishing the access points and the preliminary landscaping~ I guess thafs one thing that was not discussed at the Planning and Zoning Commission is this landscaping here. Obviously, the Council would want to see that installed. De Weerd: That and the -- McKay: And the plaza at the corner. Rountree: Thafs the amenity. Canning: Madam Mayor, Members of the Council, that was the understanding of staff is that all the perimeter would be done. De Weerd: I didn't think it would hurt to ask, just to make it clear. And on your plat or -- well, yeah, on the plat you would show the easement for sewer -- for future sewer and Public Works is good with -- Canning: Madam Mayor, there is no plat, so the applicant would just have to grant an easement in favor of the city. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: They have got the existing 50-foot wide irrigation easement~ I wonder when we did Idaho Power substation, if there is an easement incorporated in this 60-foot wide for the sewer, because we usually stay right -- our sewers usually run right along the drain there if it's possible at all and -- Canning: Madam Mayor, Members of the Council, the Idaho Power substation was approved through the county, not through th'8 city. Bird: Oh, that's right~ They did that. Canning: And it was not platted either~ So, typically, Ada County would probably not have asked for an easement for City of Meridian, so I don't think we have one. Bird: Then a follow up for Bruce, Madam Mayor, if possible~ It's 60 feet for an irrigation easement, is that normal or would that -- could that include also an easement for the -- the sewer? How much easement do we need for a sewer like that, Bruce? Freckleton: Madam Mayor, Council, the 60 feet for that size facility is probably pretty standard~ There is not currently an existing easement down through there~ We would I:;, .:.. , Meridian City Cou nciJ August10t2004 Page 38 of 43 be looking for probably a 20-foot wide permanent easement andt then, we would want some temporary construction easement that would overlap that, probably to a width of 30 feet, that would go away once the sewer is built, so we would end up with 20 feet and, you1re correct, we have several of these that are incorporated within that 60 feet. So, it's just something that we are going to have to work through with the applicant and the Nampa-Meridian Irrigation District. Bird: Follow up again. And this could be shown on the final plat as it comes throughf jf it -- or the preliminary plat or would we -- would be have it on any of the plats on there? Freckleton: Councilman Bird, there is no plat on this. De Weerd: But in the site plan. Freckleton: In the site it would be shown, yes. Correct. De Weerd: And does it need to be in the development agreement? Freckleton: Staffs not recommending a development agreement on this. There would be -- the easement documents would, actually, be separate documents that would be negotiated and would be recorded documents. De Weerd: Okay. Canning: Madam Mayor, apparently I misinformed Bruce. I didn't think we were having a development agreement, because we have the Conditional Use Permit, but the applicant is indicating that her understanding is that there will be a development agreement. McKay: My understanding from Mr. Hood, who wrote our staff report, that we would have a development agreement, especially stipulating that this was un-developable until such time as that sewer becomes available. Canning: That's right Jfs actually a non-development agreement on the remainder. McKay: Yeah. So, ifs a development agreement that -- so, you could include a condition in there providing for that easement in the event the property did change hands or whatever. Freckleton: Madam Mayor, Members of the Council, the staff report as written, we did include on there, as part of condition number tenf under Conditional Use Permit, that the applicant shall coordinate with the Public Works Department the provisions for any required sewer easement adjacent to the Hardin Drain. So, we did have it in there as a condition and Becky and J have talked about it numerous times, so I don1t foresee that there would be any problem at all. ( r ., ( . Meridian City Council August10~2004 Page 39 of 43 De Weerd: Okay. Okay. Anything further for the applicant at this time? Thank you, Becky. McKay: Thank you. De Weerd: Okay. Is there anyone else who would like to provide testimony on this application? No? Okay. Okay. Council, any further comments, information needed? Anna? Canning: Madam Mayor, Members of the Council, I did want to make one comment in reference to the changed time request. The way the site is designed, the noise is really going to be buffered by the site itself. This building will act to block this way and these - - each subsequent building kind of blocks this way and there is not activity areas here. This was just the access for Idaho Power that uses that on a very occasional basis. So, it is kind of designed to keep the noise -- a structure with a bunch of stuff in it -- stored in it, will make a very good sound buffer for the uses that are occurring internal to the site~ De Weerd: Thank you. Okay. Council? Nary: Madam Mayor? De Weerd: Yes. Nary: But, Anna, isn't there the folks that are right on the western side of that -- that boundary right there? Canning: They would be affected by people turning in that small portion of the area right there, but, really, everything else is -- once they get into this area, the sound will be absorbed by those two buildings. It would really just be that turning movement there~ Nary: And ( don't think the hours really -- I mean one hour is not that significant of a difference either, but I just wanted to be sure. Thank you. De Weerd: Okay. If there is no further testimony from the public, any further questions from Council? I would entertain a motion to close the Public Hearing. Bird: So moved. De Weerd: Do you have any further comment? McKay: The Hardin Drain, I didn1t -- I guess I really didn't address that. The reason we are asking for a waiver to pipe itJ because there is no ditch safety issue when 11m between a substation and a mini storage and so J didnlt -- I didn't see that it would benefit anything and there is no residential adjoining it, at least where we are. So, that was our justification. Ifs a lot of money. ( r- M erjd ian City Council August10F2004 Page 40 of 43 Bird: Madam Mayor? De Weerd: ML Bird. Bird: Becky, can you tell me what size pipe would that take to -- McKay: I believe a 36-inch was constructed through Bear Creek and that's because the Hardin Drain ran diagonally where the community park was going to be designed, so they had to pipe it. De Weerd: Okay. Any further questions? Mr. Wardle. Wardle: Madam Mayor, hearing no more public comment, I move we close the Public Hearing. Bird: Second. De Weerd: Ifs been moved and seconded to close the public hearings on Items 17 and 18. Is that the motion? Wardle: Yes. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES~ De Weerd: Discussion? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I have got a question for somebody. Which -- where would we -- the tiling of the drainage, would that be under the -- the annexation or would it be under conditional use? Mr. Attorney? Canning: Madam Mayor, Members of the Council, Councilmember Bird, that should probably be tied to the CU~ I think ifs the site development that triggers the need to tile the drains, so that would come under the conditional use. Bird: Okay. Nary: Madam Mayor? De Weerd: Yes, Mr~ Nary. Meridian City Council August 10, 2004 Page 41 of 43 i.. (:... .., /~. ( Nary: I just wanted one other comment, too. J think the amenity is very nice. It will be an enhancement to that corner and once that commercial site is able to be developed, I think that will be a nice enhancement to that whole spot~ But I really -- I really think that whole Jook along Stoddard is going to be improved tremendously~ So, I think it looks really good. Bird: Madam Mayor? De Weerd: Yesf Mr. Bird~ Bird: I would, too, agree with Councilman Nary, seeing how J sat through the last one that come through us and this is a beautiful project. It's going to really add to the area out there. Certainly appreciate it. Madam Mayor? De Weerd: Mr. Bird. Bird: If we have no more discussion, I would move that we approve AZ 04-013, with conditions of stafff applicant, and public testimony. Wardle: Second. De Weerd: It's been moved and seconded to approve Item 17. Is there any further discussions? Okay~ Mr~ Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea~ MOTION CARRIED: ALL AYES. De Weerd: Thank you~ Item 18. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CUP 04-017 and do not require the tiling of the drain and for the applicant and staff to workout the sewer easement with this and that the RV dump will not be activated until the Black Cat sewer is activated out there and -- I'm activating a lot of stuff -- oh, and the times -- yeah. The time from 6:00 a.m. to 1 0:00 p.m~ Wardle: Second. Bird: Thank you, Shaun. Canning: Madam Mayor? M erid ian City Council August 101 2004 Page 42 of 43 De Weerd: Yes, Anna~ Canning: And does the maker of the motion acknowledge that that site plan is dated July 30th, 2004? Bird: Yes. Canning: Thank you. Wardle: Second agrees. De Weerd: Okay~ Is there any further discussion, clarification, or anything else? Okay. Mr. Clerk, will you call roll? Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 19: Ordinance No. 04-1094 : AZ 04-010 Request for Annexation and Zoning of 4.1 0 acres from RUT to L-O zone for proposed Brockton Subdivision by Confluence Management, L.L.C. - 3665 North Locust Grove Road: De Weerd: Okay~ Thank your Mr. Clerk. Item 19 is Ordinance No. 04-1 094 for AZ 04- 01 o. Mr. Clerk, will you, please, read this item by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1094, an Ordinance finding that Herbert C. and Cynthia K. Lee, the owners of certain real property generally located on the west side of Locust Grove Road, approximately one quarter of a mile north of Ustick Road, within Section 31, Township 4 North, Range 1 East, Meridian} Idaho, to be known as Brockton Subdivision and which lies contiguous and/or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and having made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Limited Office District (L-O) 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. De Weerd: Thank you, Mr. Clerk. You have heard this ordinance by title only. Is there anyone who would like to hear it read in its entirety? Seeing no one, Council? ( ( , Merid ian Cjty Council August10t2004 Page 43 of 43 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 19, Ordinance No. 04-1 094, with suspension of ru les. Bird: Second. De Weerd: It's been moved and seconded to approve Ordinance No. 04-1094. Is there any further discussion? Hearing none, Mr~ Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES~ De Weerd: Council, do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: It's been moved and seconded to adjourn. All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:05 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) 8 I 24-, 0 ~ \,~h),&TE APPROVED ,\\\'\ 1 JIll/I \" ~ hnfl"'"' " ", or W'.{;tlt:r~o rI~,.1 ,,' .4 ~ ~1f7..>? JI " ,~, ~-;l4 ~ $"- v ~~, ~,"4 ~ ~ · ,,l::J i ~() \~ ~ ff ~ ~ ~ ~ ~ ~ ~ ~ - ~ ATTEST: /~ (- (.. . August 6, 2004 MERIDIAN CITY COUNCIL MEEfING APPLICANT August 10,2004 ITEM NO. 5 REQUEST Presentation of Environmental Certificate of Recognition Award to Idaho Fleet Service by Mayor De Weerd AGENCY COMMENTS CITY CLERK: CITY ENGINEER~ CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: It>~ ~~~ YjUV Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. //. { August 6,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT August 1 0, 2004 ITEM NO. to REQUEST Discussion of Animal Control Shelter AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CJTY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: · SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: ~ r 'f9 ut Vtl Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Merjdian~ A ~ I ~' ."Fjfft ' _"r. ;' c:rn~ cw.' ,:'. ~-. ......;.... _: ...\ . .' ~'~..i.. erl Ian ,~~ ) ~ IDAHO f { ( Med ia Release Meridian Police Department August 10, 2004 FOR IMMEDIATE RELEASE Contact: Wm. (Bill) Musser Chief of Police (208) 846-7370 {i ~U G ~ n 20 (l J R 1 tJ, Ui CITY 0 F I\ffiRIDl1?J~ DOG ADOPTION PROGRAM INITIATED AND A COORDINATOR NAMED On July 26, 2004 the Idaho Statesman ran an article regarding Meridian's struggles with a growing dog population. In response to the article a number of citizens called in wanting to donate their time to help with establishing an adoption program. As a result today the Meridian Police Department is announcing that in partnership with the community, we are establishing an adoption program for unclaimed dogs impounded by Meridian Animal Control officers. Connie Petersen has graciously stepped forward and offered to coordinate volunteer efforts and establish an adoption program for the City of Meridian. While the current policy of euthanizing dogs has caused some concern within the community, I would like to set the record straight~ Since the first of the year through to July 27,2004 the Meridian Police Department has impounded a total of268 dogs. Of the 268 dogs a total of211 or 79% were returned to their owners. Of the remaining 21 % only 8 dogs were euthanized by Meridian Animal Control officers -' less than 3% overall A total of7 dogs were in the pound at the time of the article and the remaining 42 dogs had been fostered out, rescued, or taken to the Canyon County Animal Shelter. No other euthanasia has taken place since the article. The City of Meridian has only been euthanizing unclaimed, sick or injured dogs since the first of June. We are not euthanizing an average of three dogs a week. The Meridian Animal Control officers work very hard to return impounded dogs to their owners, place them in foster care or with rescue groups. We are excited about the potential to further increase the number of dogs we can return of find homes for and further reduce the need to euthanize. The involvement of people like Connie Petersen, Janet Gordon, and Beth Arnau: who recently attended a meeting at the Police Department to help establish a volunteer based adoption program, makes it obvious that we will have a successful program. We are asking for those who wish to volunteer or contribute to the process to please contact Connie Petersen at the Meridian Police Department at 846-7300 to leave a message or emaiI her at mpd@meridiancity.org. <end> page 1 Of I August 6, 2004 MERIDIAN CITY COUNCil MEETING August 1 0, 2004 APPLICANT Packard Estates Development I LLC ITEM NO. VAC 04-003 lo-~ REQUEST Findings - Request for a Vacation of utilities, drainage and irrigation easement on the interior lot line of Lots 22 and 23 of Packard Acres Subdivision No.. 2 - south of East Ustick Road and east of North Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: See attached Findings -r9 M Contacted: Emailed: Date: /" .{J Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. C.: ......... . .r, <>};-:1 (~~ 1[;1 l~ "l:l-~--~ 1 -r~1~ /'~~ J1 · ~~ ~~1 r \. fl l LJ (.. . ';J ,-A V..L.J - \f ~ . ~ II ~ ~r.~ 0 ~:: ~r-o $-t l-:-:: t } tJ ."J if. /~ ~U&f ~ -::;. ~~... ..;,:..o..rn V ~ Interoffice (~ity Of Ivleridia:n C~ity Cler}{ Office MEMORANDUM To: William G~ Berg, Jr~ From: Wm. F. Nichols Subject: Packard Acres Subdivision No.2 / V AC-04-003 Date: July 28,2004 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION, for vacation of easements for Lots 22 and 23, ,Block 2, for Packard Acres Subdivisi.on No.2, located in the northeast comer of the subdivision, Meridian, Idaho. These Findings will need to be placed upon an upcQ,ming Council agenda for their approval. lfCouncil approves the Findings, then please send conformed copies to the Ada County Highway District, the Applicant, Planning and Zoning, Public Works, City Attorney, and any affected perSQ,ns who placed a request. If you have any questions please advise. z:\ Work\M\Meridian\Meridian 1 5360l\A\.Packard Acres Subdivision No.2 V AC-04-003\Clerk V AC l1r 07 28 04.doc ( (~ 't7 7 ADA COUNTY RECORDER J~ DAVID NAVARRO BOISE IDAHO 08/20/04 01:34 PM DEPUTY Joan n e Hooper 1111 RECORDED-REQUEST OF 111111111111111111111111111111111 MERIAN CITY 104107405 AMOUNT ~OO BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR ) VACATION OF UTILITIES, DRAINAGE AND) IRRIGATION EASEMENTS ON LOTS 22 AND) 23, BLOCK 2 OF PACKARD ACRES ) SUBDIVISION NO. 2, LOCATED IN THE ) NORTHEAST CORNER OF THE ) SUBDIVISION, MERI.DIAN, IDAHO ) ) PACKARD ESTATES DEVELOPMENT, LLC, ) ) AP,PLICANT. ) ) C/C 07 /27 /04 CASE NO. VAC-04-003 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION OF EASEMENTS This matter coming on regularly before the City Council at its regular 'meeting held on July 27,2004, at tIle ho'ur of7:00 p~m~, and Brad Watso,n of the Public Works Department, appeared and testified at the hearing, and the Council having received. the record from the Planning and Zoning Commissio.u and its recommendations to the City Council, and no objection having been received makes the following Findings of Fact and Decision and Order. STATEMENT OF LEGAL AUTHORITY AND JURISDICTION CONCLUSIONS OF LAW 1. Easements shall be vacated in the same manner as streets~ {I. C ~ S 50-1325} ~ Findings of Fact and Conclusions of Law and Order of Vacation for Packard Acres Subdivision No.2 - V AC-04-003 PAGE 1 OF 7 ~.~.. . .. (. ' /~...... { ... 2~ When a county or highway district desires the abandonment or vacation of any highway, public street or public right-of-way which was accepted as part of a platted subdivision said abandonment or vacation shall be accomplished pursuant to the provisions of Chapter 13, Title 50 Idaho Code {I.C. 9 40-203 (6)}~ 3~ Any person, firm, association, corporation or other legally recognized form of business desiring to vacate a part of a plat which is inside the boundaries of any City must petition the City Council to vacate. Any person, persons, firm, association, corporation or other legally recognized fo:rm of business desiring to vacate a plat or any part thereofwhich is inside or within one (1) mile of the boundaries of any city must petition the city council to vacate. Such petition shall set forth .particular circumstances of the requests to vacate; contain a legal description of the platted area or property to be vacated; the ,names of tIle persons affected thereby, and said petitio,n shall be filed with the city clerk. Written notice of public hearing on said petition shall be given, by certified mail with return receipt, at least ten (1 0) days prior to the date of public hearing to all property owners witl1in three hundred feet (300') of the boundaries of the area described in the ,petition. Such notice of public hearing shall also be published once a week for two (2) successive weeks in the official newspaper of tIle city, the last of which shall be 'not less than seven (7) days prior to the date of said, hearing; provided, however, that in a proceeding as to the vacation of all or a portion of a cemetery 'plat where there has been n,Q interment, or in the case of a cemetery being within three hundred feet (300') of another plat for which a vacation is SQ'Ugllt, publication of the notice of hearing shall be the only required notice as to the property owners in the cemetery. When the procedures set forth herein ,have been fulfilled, the city council may grant the request to vacate with such restrictions as they deem necessary in the public interest. In the case of easements granted for gas, sewer, water, telephone, cable television, power, drainage, and slope purposes, public notice of intent to vacate is not required~ Vacation of these easements shall occur upo,n the recordin,g of the .new or amended plat, provided that all affected easement holders 'have been notified by certified mail, return receipt requested, of the proposed vacation and have agreed to the same in writing. {I~C. 9 50-1306A (1), (2), (3) and (5)} 4~ Pursuant to Meridian City Code gg 12-10-1 A and Band 12-10-2 A and B it provides as follows: 12-10-1 APPLICATION PROCEDURE: 1 ~ Application: Any:property owner desiring to vacate an existing subdivision, public rigllt of way or easement shall complete and file an application with the Administrator. These provisions shall not apply to the widening of any street Findings of Fact and Conclusions of Law and Order of Vacation for Packard Acres Subdivision No.2 - V AC-04-003 PAGE 2 OF 7 ( C:.. ~,' which is shown on this Comprehensive Development Plan, or the dedicatio.n of streets, rights of way or easements to be shown on a recorded subdivision. 2. Administrator Action: U,pon receipt of the completed application, the Administrator shall affix the date of application acceptance thereon. The Administrator shall place the application on the agenda for consideration at the next regular .meeting of the Commission which is held not less than fifteen (15) days after said date of acceptance. 12-10-2 COMMISSION AND COUNCIL ACTION: A. Commission Recommendation: The Commission shall review the request and all agency responses and. make a recommendation to the Council for either an approval, conditio.nal approval, or de.nial. 2. Council Action: 1. Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date for a public l1earing and give such public notice as required by law. The Councillnay approve, deny or .modify the application. Whenever public rights-of-way or lands are vacated, tIle Council shall provide adjacent pro:perty ow.ners with a quit-claim deed for the vacated rights of way in such proportions as are prescribed 'by law. 2. Street Improvements; Bond: When considering an application for dedication procedures, the Council may approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication. of land, the owner shall furnish to the Council a deed describing and conveying such lands to be recorded with the County Recorder. FINDINGS OF FACT 1. Packard Estates Development, LLC, filed a petition for the vacation of the existing ten (10) foot utilities, drainage and irrigation easement that lies on the interior lot line between Lots 22 and 23, Block 2 of Packard Acres No.2. This is the standard easement, five (5) feet on either side of an interior lot line, which is created via recorded final plats. The easement is no longer needed in this location as it is no longer adjacent to a platted lot line. It now runs through the middle of Lot 23, Block 2 and must be vacated before any building permits can be issued for Findings of Fact and Conclusions of Law and Order of Vacation for Packard Acres Subdivision No. 2 - V AC-04-003 PAGE 3 OF? (.... , this lot. The Public Works Department has confirmed that there are no existing utilities within the subject easement to be vacated. The legal description of the existing ten (10) foot utilities, drainage and. irrigation easement, and which are the subject of this petition, is: The five (5) foot utilities, drainage and irrigation easement that is on either side of the interior lot line between Lots 22 and 23, Block 2 of Packard Acres Subdivision No.2. 2. The particular circumstances of the requested vacation is: The vacation of tIle easements are n,Q longer needed in this location as it is no longer adjacent to a platted lot line. It now .runs through the middle of Lot 23, Block 2 and must be vacated before any building permits can be issued for this lot The Public Works Department has confirmed that there are no existing utilities within the subject easement to be vacated~ The subject lots are in the northeast comer of the subdivisio'n and were both affected by a Lot Line Adjustment (LLA) that was signed by the City Engineer in May 2004 and recorded as Instrument No. 10406768 on May 18, 2004. The purpose of the LLA was to create two lots which the developer believed were more balanced in area and size and, therefore, more marketable. The Record of Survey also slightly adjusted the lot line between ,Lots 23 and 24, Block 2. 3. Written notice of the public hearing of this petition was given by certified mail with return receipt at least ten (10) days prior to the date of the public 'hearing to all property owners within three hundred feet (300') of the 'boundaries of tIle area described in the petition, and such notice was also published once a week for two (2) successive weeks in the Idaho Statesman with the last publication which was not less than seven (7) days prior to the hearing. 4. All publication costs have been paid by the petitioner. 5. The vacation is necessary and 'must be vacated before any building permits can be issued for this lot. 6. The applicant shall be required to comply with the following Recommendations: Planning and Zoning Department: 1. Prior to issuance of a Certificate of Occupancy on Lots 22 or 23, Block 2 of Packard Acres No~ 2, the Ap,plicant shall sublnit evidence tllat the requested vacation has been approved .by all required agencies and Findings of Fact and Conclusions of Law and Order of Vacation for ,Packard Acres Subdivisio.n No.2 - V AC-04-003 PAGE 4 OF 7 t.:.., '. authorities~ Letters of relinquishment shall be provided from utility companies, as required by the Public Works Department 2. Prior to issuance of a Certificate of Occu.pancy on Lots 22 or 23, Block 2, a new P.UDI easement shall be ,prepared and submitted, to the City Engineer to be located five (5) feet either side ofth,e adjusted interior lot line between Lots 22 and 23, ,Block 2 of Packard Acres No.2. DECISION AND ORDER OF VACATION OF EASEMENTS NOW, THEREFORE, BASED U,PON THE ABOVE AND FOREGOING STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND STATEM,ENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION, the City Council does hereby ORDER and this does ORDER that: 1. The legal description of the existing ten (10) foot utilities, drainage and irrigation easements, and which are the su'bject of this petition, and located on the interior lot line between Lots 22 and 23, Bloc'k 2 of Packard Acres No.2, Meridian, Idaho, and is hereby vacated: T,he five (5) foot utilities, drainage and irrigation easement that is on either side of the interior lot line between Lots 22 and 23, Block 2 of Packard Acres Subdivision No. 2~ 2. The petition for the vacation of easements for the existing ten (10) foot utilities, drainage and irrigation easement that lies on the interior lot line between Lots 22 and 23, Block 2 of Packard Acres No.2, are hereby granted. 3. The City Clerk shall cause a copy of this order to be served upon the affected utility holders, and the petitioner, Public Works, Planning and Zoning Departments, and the City Attorney' s office~ 4~ TIle City Clerk shall cause a certified copy of this order to be recorded with the Ada County Recorders office. Findings of Fact and Conclusions of Law and Order of Vacation for Packard Acres Subdivision No~ 2 - V AC-04-003 PAGES OF? <' t.., t. . . NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY T AIGNGS ANALYSIS The Applicant is h.ereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521. An affected person being a person WIlD has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, see.k 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 IO~day of r- , 2004. ROLL CA,LL: COUNCILMAN WARDLE COUNCILMAN NARY COUNCILMAN ROUNTREE COUNCILMAN BIRD MAYOR TAMMY de WEERD TIE BREAKER) DATED: ~ 't/ - p Findings of Fact and Conclusions of Law and Order of Vacation for Packard Acres Subdivision No. 2 - V AC-04-003 PAGE 6 OF 7 (:' (~...<~...'," '~ Attest: REi l\ L ~ ~rii.. f!? ::: Wi lam G. Berg, Jr., City Clerk ~ 1'() GUs/1S\' ~j v..:f!~.f ~ ~ a ~tc- ~ Copy served upon Applicant, the PI~ieMftflZ'uh.lng])epartment, Public Works Departme.nt · ' ..llHn ntU(ft and CIty Attorney. DATED: ?; -l t-04- STATE OF IDAHO, ) : 58. County of Ada. ) On this IO+hdaYOf tl t{$w- f- , 2004, before me, the undersigned, a Notary Public in and for said State, perso IIy appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I .have hereunto set my hand and affixed my official seal the day and year first above written. "",,'I'II".,.~~#. ~..'t. :\.CE L. 8 ~....4P. ....,.. ....+ ......... 4t-./'; ~.,# ...~ "\ ~ r o. O. ..,. ~ , '.f ... ~ ~ .. ~OT AI{J ~ ': :.. "", i ..... ~: Co ' is Ion Expires: (/ - ';ltJ () 7 : . ~ ~ : · .,p _.'C.Ci. al Z:\Work\M\MeridiiP\Me~ian UBi~cb&d A~ Subdivision No.2 V AC-04~003\FfCIOrdVacUtiHtyDrainageAndInigatioI1Easelnts 07 28 -~ . .. 04.doc ~ ~ .0 .0- (') ~ ....,., -r{ ~ ...."...... .v: ,~ '-""'#: lJ 0 F \U ~ ~", ~'. . ~~, ~MJj". k ~a'I" (SEAL) Findings of Fact and Conclusions of Law and Order of Vacation for Packard Acres Subdivision No.2 - V AC-04-003 PAGE 7 OF 7 /~. ( ,.. e' August 6, 2004 PFP 04-006 MERIDIAN CITY COUNCIL MEETING August 1 0, 2004 APPLICANT Woodside Properties, LLC ITEM NO. lo- D REQUEST Findings - Request for a Preliminary I Rnal Plat approval for the re-subdivision of lot 14, Block 1 of Woodside Creek Subdivision No.1 into two building lots on .32 acres in an R-8 zone for Woodside Creek Subdivision No.2 - 1115 North Ten Mile Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: See attached Findings yJ-/ Contacted: Emailed: vJ0 Date: $/ q tOL1 Staff Initials~ ,0 Materials presented at public meetings shall become property of the City of Meridian.. <: ., (,.r.'.~D E~ C l4' ~l~. ~\ r-R ~lJ!f) .. .'... .d- \., 4 1.2; V.JL.A ~ u- a:t ~~ t) A^O j [~. 0 ~ j J~ ..; f. I t~ ~) ~~! ~ b ~ '" U ~ Interoffi.ce C;'ity Of I\leridiml (;it:v CIerIz Office MEMORANDUM To: William G. Berg, Jr. From: Wm~ F~ Nichols Subject: Woodside Creek Subdivision No.2 By: Woodside Properties, :LLC File No. P:FP-04-006 - Findings of Fact and Conclusions of Law and Order of Conditional Approval of Preliminary/Fi nal Plat Date: July 28,2004 Will: Regarding the above referenced matter, please find enclosed tIle original of tIle FINDINGS OF FACT AND CONCLUSIONS OF ,LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM.INARY/FINAL PLAT, for approval and signature by the Mayor and yourself~ Please serve a conformed co.py of the FINDINGS upon tIle a:pplicant, with a Certificate of Service in the file, and conformed copies to the PlalIDing and Zoning Departm,ent, Public Works, and tIle City Attorney~ If you have any q.uestions please give me a call. Z;\Work\M\Mcridian\Meridian I 5360M\Woodside Creek Subdivision No.2 PFP-04-006\Bel'g PFP MEMO 07 28 04.dcc {~.' (.. . BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST ) FOR PRELIMINARY/FINAL PLAT FOR ) RE-SUBDIVISION OF LOT 14, BLOCK 1 OF ) WOODSIDE CREEK S.UBDIVISION NO.1) INTO TWO BUILDING LOTS ON .32 ACRES ) IN A R-8 ZONE LOCAT.ED AT 1115 NORTH ) TEN MILE ROAD, M,ERIDIAN, IDAHO ) ) ) ) ) ) ) ) ) ) WOODSIDE PROPERTIES, LLC, APPLICANT. C/C 07/27/04 CASE NO. PFP-04-006 FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/F,INAL PLAT The above entitled matter coming on regularly for public l1earing before the City Council on May 4,2004, and Anna Borchers Canning Planning Director, a.ppeared and testified at the hearing, and the City Council having received a report from Wendy Kirkpatrick for the Planning and Zoning Department and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having su.bmitted the Plat Drawing described as follows, "PRELIMINARY PLAT WOODSIDE CREEK SUBDIVISION NO.2, A RESUBDIVISION OF LOT 14, BLOCK 1 OF WOODSIDE CREEK SUBDIVISION NO. 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT - WOO:DSI.DE CREEK SUBDIVISION NO~ 2 - (PFP-04-006) PAGE 1 OF 9 /~ (...., (:'..:..., . LYING INNE ~ OF THE SE ~ OFNE ~ OF SECTION 10, T.3N., R.IW., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 04/06/05 KDH (notation: this should be an 04 year), STAMPED DATE: APR 09 2004, HANDWRITTEN DATE: 4/9/04, DWG No. 40307, SHEET: 1 OF 2 PREPLAT, \40307-PRE.DWG, WOODSIDE PROPERTIES LLC JEFFREY A. WOOD - DEVELOPER, BRIGGS ENGINEERING INC. ATTN. KENT BROWN - PLANNER", Briggs Engineering, Inc. submitted for preliminary/final plat approval, and which ,preliminary/final plat application is herein received and adjudged by the City Council, pursuant to Meridian City Code, Section 12-3. Therefore the City Council makes tIle following findings: FINDINGS OF FACT I. That the proposed d.evelopment is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Amended Compreh,ensive Plan Generalized Lan,d Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned R-8 (Mediu.m Density Residential District), and requires co,nnection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2 D] 2~ The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6,2002, Resolution No. 02-382. It is found that the subdivision to be in conformance with the Comprehensive Plan. The Future Land Use Map designates the pro,perty as Medium Density Resid,entiaL Existing zoning on the property is Medium Density Residential (R-8). The subject plat is intended for residential development in compliance with the COffi.prehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT - WOODSIDE CREEK SUBDIVISION NO.2 - (PFP-04-006) .PAGE 2 OF 9 ( (: 3~ It is found that public services are available to accommodate the proposed develo.pment All adjacent public roadways have been completed and accepted by ACHD4 Water and sewer services to both lots will be installed as part of the original subdivision improvements along the proposed lot line within an existing utility easement and have been accepted by the Public Works Department The applicant has been working with the Public Works Department to facilitate this lot split. 4~ It is found that the subdivision will not require the expenditure of capital improvement funds~ All required will be installed per the previous plat requirements~ The develo.per has already financed the extensio'n of sewer, water, utilities and pressurized irrigation to serve the project The primary .public costs to serve the future residents will be fire and :police servlces~ 54 It is found that the development will not require major expenditures for providing supporting services~ The developer has already financed the extension of sewer, water, utilities and pressurized inigation to serve the project The ,primary public costs to serve the future residents will be fire and police services. 64 Staff is not aware of any health, safety or environmental problems associated with this subdivision. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code, Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT - WOO.DSIDE CREEK SUBDIVISION NO.2 - (PFP-04-006) PAGE 3 OF 9 (/": ., IT IS HEREBY ORDERED AND THIS DOES ORDER 1 ~ The Preliminary/Final Plat of the applicant as evidenced by "PRELIMINA.R Y PLAT WOODSIDE CREEK SUBDIVISION NO~ 2, A RESUBDIVISION OF LOT 14, BLOCK 1 OF WOODSIDE CREEK SUBDIVISION NO. 1 LYING IN NE ~ OF TH,E SE 'l4 O.F NE X OF SECTION 10, T~3N., R~lW., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 04/06/05 KDH (notation: this should .be an 04 year), STAMPED DATE: APR 09 2004, HANDWRITTEN DATE: 4/9/04, DWG No. 40307, SHEET: 1 OF 2 PREPLAT, \40307- PRE.DWG, WOODSIDE PROPERTIES LLC JEFFREY A. WOOD - DEVELOPER, BRIGGS ENGINEERING INC. A TIN. KENT BROWN - PLANNER", has been submitted for preliminary/final plat. 2. The conditions of Staff pertaining to the Preliminary/Final Plat comments are as set fortl1 in the Memorandum to the Mayor and City Council from Wendy Kirkpatrick for Planning and Zoning Department, and Bruce ,Freckleton, Engineering Technician III, dated: Transmittal Date: P & Z Hearing Date: June 3,2004, listing 6 Site Specific Comments- Preliminary/Final Plat which consists of four pages, and which are listed below, along with. tIle additional requirem,ents from the City Council from their meeting of July 27,2004, and tIle requireme.nts are as follows, to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS - PRELIMINARY/FINAL PLAT 1. All landscaping will be required per the approved .plans on the original plat (FP-04-014.) The house currently located on .proposed lots 19 and 20 must be relocated outside of the required landscape buffer as required by the Woodside Creek final plat Any incomplete FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT - WOODSIDE CREEK SUBDIVISION NO.2 - (PF.P-04-006) PAGE 4 OF 9 ( .' ~.(,/'-,:.....-.... . (........ landscaping shall be bonded for prior to signature on the final plat. 2.. Sanitary sewer and water service to this development shall be via service line extensions fro,m the existing City of Meridian mains adjacent to the project. 3. Pressurized irrigation within this develo,pment will be from the existing system that will be installed as part of Woodside Creek 'No.1. 4. This application is subject to the conditions of approval for the original plat (FP-04-014.) 5. Show a common drive for lots 19 and, 20 on the plat 6. Graphically depict 5-foot wide public utility, drainage and irrigation easements along the north side of Lot 20, and the west side of Lot 19, as these are side lot lines adjacent to the previously platted lots. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. Woodside Creek Subdivision phase 2 is proposing to access the public roadway system through Woodside Creek Subdivision phase 1. Woodsi.de Creek Subdivision (phase 1) has not completed the roadway improvelnents therefore Woodside Creek Subdivision p.hase 2 does not have access to the public roadway system at this time. Due to the fact that Woodside Creek Subdivision phase 1 has not completed the roadway improvements, Woodside Creek Subdivision phase 2, preliminary plat shall he approved contingent upon the improvements within Woodside Creek Subdivision p.hase 1 being constructed or a financial surety in place for the construction of the roadways prior to tIle signature of the final .plat for Woodside Creek Subdivision phase 2. 2.. Other tllan the access point(s) specifically approved with this application, direct lot or parcel access to Ten Mile Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 3. Com,ply with all Standard Conditions of ApprovaL Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APP.ROV AL OF PRELIMmARYIFINAL PLAT - WOODSIDE CREEK SUBDIVISION NOc 2 - (PFP-04-006) PAGE 5 OF 9 (.,... ' ('/~....',. 2~ All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer~ 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construct.ion of the proposed develop,ment Contact Construction Services at 387-6280 (with, file number) for details~ 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and constructio.u shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Stan.dards and ap,proved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho sllall pre.pare and certify all improvement plans. 6~ Th,e applicant sIlalI submit revised plans for staff ~pproval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and :property development shall be in conformance with all applicable req'uirements oftl1e Ada County Highway District prior to District ap'proval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County :Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities dalnaged by the applicant The ap,plicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The ap,plicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are comprom.ised during any .phase of construction. 10. No change in the terms and conditions of this approval s.hall be valid unless they are in writing and signed by the applicant or the applicant's autllorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway D istri ct. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the a.pplicant to comply with all rules, regulations, ordinances, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF P.RELIMINARYIFINAL PLAT - WOO.DSIDE CREEK SUBDIVISION NO.2 - (PFP-04-006) PAGE 6 OF 9 (U:... ..' (:...... plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or oth,er legal relief is granted pursuant to the law in effect at the time th.e change in use is sought. c. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Tllis project was discussed at the May21, 2004 co:mments meeting. This project l1as no fire department concerns. D. Adopt the Recommendations of Central District Health Dept as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. 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. 3. Run-off is ,not to create a mosquito breeding problem~ 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent im,pact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater dis.posal and design a stormwater management system tllat prevents groundwater and surface water degradation. E. Adopt the Recommendations ofNampa Meridian Irrigation District as follows: 1~ The District has no objections to the re-subdivision of Lot 14, Block 1 of Woodside Creek Subdivision No~ 1 into 2 building lots for proposed Woodside Creek Subdivision No.2 provided all storm drainage is retained on, site. 2. If any surface drainage leaves the site, the District requires a Land Use Change Application be filed for review prior to final platting. 3. All laterals and waste ways must be protected~ The develo,per must comply with Idaho Code 31-3805~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT - WOODSIDE CREEK SUBDIVISION NO~ 2 - (PFP-04-006) PAGE70F9 . . c.. . .. , (:.... .:. 4. NMID recommends that irrigation water be made available to all developments within the N amp a & Meridian Irrigation District. F. Adopt the action of the City Council taken at their July 27, 2004 Ineeting as follows: 1. The Developer shall remove the existing 110use to provide for the appropriate lot spli t 34 The final plat upon which there is contained the Certification and signature of tIle City Clerk and the City Engineer verifying that the ,plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; .b4 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and, required on-site im:provements; and NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY T A IaN GS ANALYSIS T,he Applicant is here.by notified that ,pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twe.nty-eigllt (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time .period within which a Petition for Judicial Review may be filed4 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 may be adversely affected by this decision may, within twenty- FINDING.S OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL P'LAT ~ WOODSIDE C,REEK SUBDIVISION. NO~ 2 - (PFP-04-006) PAGE 8 OF 9 /~ { ( eight (28) days after the date of this decision and order, seek a judicial review as provided .by Cha:pter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on tIle /cfi?- day of ~ , 2004. Attest: By: Tammy de W Mayor, Ci ,\,HUII rl flUI \"' ,\ \~~ 0 f AtiEP:;': II /// ~' ~' t~<..)~<J . /...;... ~ (.i Or\POF? -{ , r,.v ~ ~ ,0 l ~I I ~ ~ ~ ,,~~ () ~ g ~ = S Ell. IJ :: _ 7~ ~?_ ~ *'€9 Qu '-E5 t') ~~ ~ ~ 8: lS\ l ~~~ .:.-" ~~ ~$' ~".t OOU'tlrT'l \\) "............ "II 5 'V & 1 f \ \ \ Copy served upon Applicant, tIle PlanningJ~lfJL!0nll\'gDepartment, Public Works Department and City Attorney. Dated: ~- \3 -04 Z:\Work\M\Melidinn\Meridian 15360M\Woodside Creek Subdivision No.2 PFP-04-006\PFP FtC Is. doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APP.ROV AL OF P.RELIMINAR Y /FINAL PLAT - WOODSIDE CREEK SUBDIVISION NO. 2 - (PFP-04-006) PAGE 9 O.F 9 ( August 6, 2004 CUP 04-014 MERIDIAN CITY COUNCIL MEEfING August 1 0, 2004 APPLICANT Touchmark of the Treasure Valley, LLC ITEM NO. to · E REQUEST Findings - Request for a Conditional Use Permit for a Planned Development for modification of an existing CUP in an l....O zone for Meadowlake Village Continuing Care Retirement Center (CeRe) - south of East Franklin Road and east of North Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: See attached findings VVf~ Contacted: Emailed: Date:<b~ ,;QlJ\ Staff Initials: Phone: ~~t~ ~q7Da Materials presented at public meetings shall become property of the City of Meridian.. (,. . !~;j J }l {/'<..-: ::~ p J-s-\\V1n "<-~~ l ~.~,.....~t" ~ &1 % ti-1 ~ v. w J_l '-/ ~~J ~ .. JLJi DJ interoffice MEMORANDUM JUL 2 9 2004 City Of rVIeridiax1 (~ity C"ierJc Office To: William G. Berg, Jr. From: William F. Nichols Subject: BY: TOUCHMARK OF THE T.R.EASURE VALLEY, LLC FOR CONDITIONAL .USE PERMIT FOR A PLANNED DEVELOPMENT FOR MODIFICATION OF AN EXISTING CUP .FOR MEA.DOW LAKE VILLAGE CONTINUING CARE RETIREMENT CENTE.R (CeRe) IN AN L-O ZONE CUP -04-0 14 File No.: Date: July 29, 2004 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent Agenda for Council discussion and decision. If you should. have any questions please give m.e a call. Z:\Work\M\Meridian\Meridian I 5360M\Meadowlake Village Continuing Care Retirclnent Center (CCRC) CUP~04- o 14\C IkLtrCUPffcls&Order.doc c /~:".'" .. ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 07/27/04 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) DEVELOPM:ENT FOR ) MODIFICATION OF AN EXISTING ) CONDITIONAL USE PERMIT IN ) AN L-O ZONE FOR ) MEADOWLAKE VILLAGE ) CONTINUING CARE ) RETIREMENT CENTER (CeRe), ) LOCA TEDIN THE CENTER OF ) MEADOW LAKE VILLAGE, ) SO.UTH OF FRANKLIN ROAD, ) APPROXIMATELY Y2 MILE EAST ) OF EAGLE ROAD, MERIDIAN, ) IDAHO ) ) TOUCHMARK OF THE ) TREASURE VALLEY, LLC ) APPLICANT ) ) Case No. CUP-04-014 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITION"AL USE PERMIT The above entitled conditional use pe.rmit applicatio.n having come before the City Council on July 27,2004, at the hour of7:00 p."m~, at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Borchers Canning for the Planning and Zoning Department, and Mark Mitchell, appeared and testified, and" the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by tIle Planning and Zoning Commission who co.uducted a public hearing and the Council having heard and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF20 .:. Y-.'-. . c..: .. 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 Ord.er 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 July 27, 2004, before the City Council, the first publication appearing and writte.n notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boun.daries 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 tllan one wee.k before said hearing and tIle 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 July 27, 2004, public hearings; and tIle applicant, affected pro.perty owners, and government subdivisions providing services within the .planningjurisdiction of the City of Meridian, having been given full opportunity to express comments and sub.mit evidence~ 2. There has .been compliance with all notice and hearing requirements set forth in Idallo Code g67-6509, 6512, and Meridian City Code 99 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. This proposed development request is in an L-Q zone and by reason of the provisions of the Meridian City Code ~ 11-17-4, a public hearing was required before the City Council on this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 20 (~.:...... : \...: : 4. The property is located in the center of Meadow Lake Village, south of Franklin Road, approximately ~ mile east of Eagle Road, Meridian, Idaho. 5. The owner of record of the subject .property is Touchmark of the Treasure Valley, LLC, 5150 SW Griffith Drive, Beaverton, Oregon 97005. 6. The Applicant is Touchmark of the Treasure Valley, d.b.a. Meadow Lake Village, 3805 E. Franklin. Road, Meridian, Idaho 83642. 7. The subject .property is currently zo.ned L-O. TIle zoning district ofL-O 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 a planned development to :modify an existing conditional use permit for the Continuing Care Retirement Center (CeRe) and. related facilities. The pro.posed modification was deemed significant enough to require that a new Conditional Use Permit be obtained for the use requ.ested by the Applicant. 9. The .proposed application is in compliance with the Meridian Comprehensive Plan, wl1ich designates tIle subject property as Mixed-Use Community. '10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. 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 establis.hing the Impact Area Boundary. 12~ Giving due consideration to tIle comment received from the governmental subdivisions providing services in the City of Meridian .planningjurisdiction public facilities and .FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORD.E.R GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 20 (.. . (' '\ services required .by the :proposed development will not impose expense upon the public if the following conditions of development are im.posed and the following is also fou.ud 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: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: PLANNING & ZONING (P&Z) / PUBLIC WORKS 1. The maximum building height (at tIle peak) for this project shall be as follows: Building Senior Apartments Assisted. Living Facility Lodge Clock Tower Maximum Peak .Height 55' 41 ' 46' 67' 2. Parking is approved as depicted on the site plan, as follows: · Senior Apartments: 1 underground space per unit · Assisted Living Facility: 41 spaces · Lodge: 60 spaces, plus 6 at service entrance Minor modifications can be made, if necessary, during the CZC process as long as the overall parking ratios remain constant 3. Setbacks are approved as depicted on the site plan (AI.l dated 4_15.04)~ The minimum setback shall.be 5 feet and the project layout shall remain in substantial compliance with the approved site .plan. 4. All surface parking sIlal] conform to tIle minimum dimensions per ordinanceof9' x 19' with 25' wide drive aisles. Structured parking stalls beneath the Senior Apartments may reduce the width of the drive aisle one foot to 24'. 5. The landscaping is approved per the landscape plans (sheets LI.O-Ll ~4) dated 4.12.04. All street trees shall be deciduous species, as show.n; conifers will be allowed internally as shown. The proposed shift of9 trees from the perimeter to the interior, as detailed on sheet L 1.0 is also ap.proved. FIN.DINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 20 6. This conditional use permit shall be subject to the expiration provisions set forth in MCC Il- l 7 -4.B. 7. Applicant must comply with the conditions of the annexation, plat, planned developme.nt, and development agreement for Touchmark Living Centers. 8. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does .not spillover onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 9. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Signs shall conform to the requirements of the Planned Sign Program approved for Meadow Lake Village on 11/27 /02 and as S"ubmitted with the application. The two proposed 4x6 monument signs shall be located outside of tIle 40' x 40' sig"ht triangles at the intersections4 10. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 11. 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, 1 0-1-91) for all off-street parking areas. Storm water treatment and disposal must be design.ed in accordance with Department of Environmental Qual ity 1997 publication Catalog of S tonn. Water Best Management Practices for Idaho Cities and Cou.nties and City of Meridian standards and policies. Off-site disposal into surface water:is prohibited unless the jurisdiction wl1ich has authority over the receiving stream provides written authorization prior to development plan approvaL The applicant is responsible for filing all necessary ap"plications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 12. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development A temporary Certificate of Occupancy maybe obtained by providing surety to the City in the form ofa letter of credit or cash in the amount of 11 0% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any req"uest for temporary occupancy. 13. Sanitary sewer and water service sllall"be via exi sting service lines in Meadow Lake Village that will be extended as part of this proposed development. Applicant shall coordinate size and routing with the Public Works Department. 14~ Underground year-round pressurized irrigation must be provided (from an existing system) to all landscape areas on this site. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 20 ( \. FIRE DEPARTMENT 1. Applicant shall meet with the Fire Marshall to discuss the aerial fire apparatus access roads per Section D 1 05 of the International Fire Code prior to final approval of the ap.plication. 2. Project shall comply with NFP A and IFe requirements for underground parking, which may require that underground parking areas include fire s.prinklers. Coordinate with Fire Marshall, Joe Silva. 3. Final A.pproval of the fire hydrant locations shall be by the Meridian Fire Department a. Fire Hydrants shall have the 4 yz" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it c. Fire hydrant markers shall be provided per P.ublic .W orks spec. d. Locations with fire hydrants shall have the curb .painted red 1 0' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets witllin 1 0' . 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads s.hal} have a turning radius of 28' inside and 48' outside radius. 6~ Provide a 20' wide Fire Lane for all internal & external roadways. 7 · Operational fire hydrants and te.mporary or permanent street signs are required before combustible construction begins. 8. The roadways shall be built to Ada County Higllway Standards and shall.have a clear driving surface, available at all times, w.hich is 20' wide" Streets with less than a 29' street width shaIl11ave no parking. Streets with less than 33' shall have parking only on one side. 9. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 20 ( /" [\... . 10. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service tIle proposed .project Fire hydrants shall be placed an average of300' apart 11. The .proposed m.ulti-family project has an estimated 344 units at build out. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Gro.up our requests for service are projected to reach 2800 in the year 2005 and 3800 by tIle year 2010. 12. Maintain a separation of 5' from the building to the dumpster enclosure. 13. Provide a Knoxbox entry system for the complex. 14. The first digit of the Apartment/Office Suite shall correspond to the floor level. 15. Fire Sprinklers will be required for all buildings associated with this project. 16. No Parking signs and painted curbs will.be required for all Fire Lanes. 17. Provide exterior egress lighting as required by the International Building & Fire Codes~ 18. Please contact the Fire Marshall at 888-1234 to work specific issues associated with this project. POLICE D_EP ARTMENT COMMENT: 1. The Police Departm.ent has no concerns related to the site design submitted with the application. SANITARY SERVICES CORP. COMMENT: 1. Please contact Bill Gregory at sse (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate ofzo.ning compliance application. B. Adopt the Recommendations of ACHD as follows: 1. Comply with the conditions of approval for MCUP03-005 (Meadow Lake Village). FIN.DINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL .USE PERMIT PAGE 7 OF 20 (: (/..... ....... c. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. A Land Use Change application .must be filed with the District prior to final platting. 2. All laterals and waste ways m.ust be .protected. The easement for the Chaffin. Drain must be protected. Any encroachment will require a license agreement prior to construction..\ 3. All municipal surface drainage .must be retained on site.. If any municipal drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. 13 · There are no significant or scenic features, or no significant existing trees, of major importance that affect the consideration oftllis application.. 14. It is found that the subject property is large enough to accommodate tIle requested use and all other required features. As part of the planned development, the applicant is requesting approval of parking scenario proposed, as follows: The senior apartment units will be served by underground parking with an approximate ratio of one space per unit. The assisted living facility will be served .by 41 parking spaces (which is a ratio of one space per eacll 1 ~ 5 units). The lodge will be served by 60 spaces in the front and an additional 6 spaces at the service entrance (Wl1ich is a ratio of approximately one space per 450 square feet). Standard ordinan.ce parking requirements for "convalescent or nursing home, rest .home, and similar uses" is 1 space per 5 beds. This standard is actually far exceeded by tIle proposal for the assisted livi.ng facility. Standard ordinance for apartments/multi-family dwellings is 2 spaces per unit This standard would be cut in l1alffor the senior apartments. The lodge/common building is not s.pelled out by ordinance and would fall un.der 11-13-5 .B. 7, which states, "for uses .not listed in. this section, parking spaces shall be provided on the same basis as the most similar listed use. It is proposed that the proj eet will su.Pport all of the pro,posed parking ratios, as they are based FIN.DINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 20 \.. on the applicant's experience with similar .projects in other areas. 15. The current Compre.hensive Plan Land Use Map designates the property as Mixed-Use - Community. It is found that the proposed ceRe .uses are harmonious with and in accordance with the Comprehensive Plan~ The overall project was approved as a conditional use for planned development in order to allow reduced setbacks and multiple buildings on a single lot. T.he current proposal is also a planned development to modify the original layout and to provide detailed approval of both phases. The project will meet the minimum requirements of the MCC with all the conditions are complied with. This proposal is in complian.ce with the mixed use policies in Chapter 7 (pp.97-98), The purpose of the mixed use d.esignation in the Comprehensive Plan "is to identify key areas which are either in.fill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design o.pportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility~ Thus the flexibility requested through the Planned Development is in harmony with tIle intent of tIle Comprehensive Plan designation. 16. It is found that the proposed CeRe will not adversely change the existing (mixed use) or intended (mixed use) character of the general vicinity~ The proposed project boundary is surrounded on all sides by other property owned by Touchmark for the Meadow Lake Village project and is in harmony with the approved conceptual plan for the project~ Any impacts of the CeRe will likely be restricted to existing and future phases of the Meadow Lake Village project itself. 17~ It is not anticipated that the proposed CeRe will adversely affect adjacent properties due to the fact that the proposed CeRe is central to and completely surrounded by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 20 (/.. ~.~ f . T~:-. Meadow .Lake Village project Any impacts of the CeRe will likely be restricted to existing and future :phases of th.e Meadow Lake Village .project itself 18. It is found that the .proposed development can be adequately served by the essential pu.b lie services and facilities~ City water and sewer mains have been constructed within the Meadow Lake Village project and will be extended as part of this proposed development Drainage will be retained on site. Trash enclosures have been provid.ed on-site for refuse disposal. The applicant needs to coordinate with the Fire Department regarding the fire lanes. 19. It is found that the proposed CeRe will not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. All required improvements, including landscaping, paving, parking, installation of services and roads, etc. will be paid for by the developer. The primary :public costs to serve the project will be for fire and police services. 20. It is found that no excessive traffic, smo.ke, fumes, glare or odors should result from the proposed medical office .use. ACHD approved the project on 6/12/04 at stafflevel and references the ACHD Commission's prior approval of the overall.project on 4/8/03. 21. It is fo.und that the proposed .use will not create significant interference with any traffic on the surrounding public streets. Refer to the ACHD co.mme.nts for additional detail o.n tllis project. As noted above in paragraph 20, ACHD did approve the project on 6/12/04. 22. It is found that there are no natural or scenic features of major importance which will be lost through the development of the subject property~ CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers con.ferred upon it by the "Local FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 20 { /~...... t ...: Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Ch~pter 65, Title 67, Idaho Code (I.e. ~67-6503). 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, Cllapter 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 conditio.ns 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 tIle duty and responsibility to review the facts and circumstances of each application for special use permit to determine p.rior to granting the same that th.e evident.ial sllowing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, ope.n spaces, .parking, landscaping and other features as may be required .by this Ordinance; b~ That the pro.posed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will.be compatible with other uses in the general neighborhood and with the existing or intended character of the genera] vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed~ will not adversely affect other property in the vicinity; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT _PAGE 11 OF 20 //~.. .. <-. . ..;~~........... . (:-.- e~ That the proposed use will be served adequately by essential public facilities and services such as highways, streets, sc.hooIs, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f~ That the proposed. use will not create excessive additional cost for public facilities and services and. will not be detrimental to the econ.omic welfare of the community; g. That the .proposed use will not involve activities or 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. That the proposed use will h.ave vehicular approaches to the .property Wl1ich shall be so designed as not to create interference with traffic o.n surrounding public streets; and i. That the proposed use will not result in the destructio.n, loss or damage of a .natural, scenic or historic feature considered to be of major importance~ 5. Prior to granting a conditional use permit in the Limited Office District (L-O) a public l1earing 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 S 11-17-5 City of Meridian Zoning and Develo.pment 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 sllalI 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 tIle 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 20 .../ r: ~ . (:..... (~;'-~. .. 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 Ida.ho State law. (Meridian City Code 9 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 developme.nt; B. Control tIle sequence and timing of development; c. Control the duration of develop.ment; D~ Assure that the development is maintained property; E~ Designate the exact location and nature of the development; F. Require the provision for D.n-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 A.mended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 20 /-~.~-.-. ~ . (:,... (:::.:. . Order that: 1. That tIle above named applicant is granted a conditional use permit for a planned. development to modify an existing conditional use permit for the Continuing Care Retireme.nt Center (CeRe) and related facilities, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: PLANNING & ZONING (P&Z) / PUBLIC WORKS 1. The maximum building height (at the peak) for this project shall be as follows: Building Senior Apartm.ents Assisted Living Facility Lodge Clock Tower Maximum .Peak .Height 55' 41 ' 46' 67' 2~ Parking is approved as depicted on the site plan, as follows: · Senior Apartments: 1 underground space per unit. · Assisted Living Facility: 41 spaces · Lodge: 60 spaces, .plus 6 at service entrance Minor modi fications can .be mad.e, if necessary, during the CZC process as long as the overall parking ratios remain constant 3. Setbacks are approved as depicted on the site plan (AI.l dated 4.15.04). The minimum setback shall be 5 feet and the project layout shall re.main in substantial compliance with the approved site plan. 4~ All surface parking shall conform to the minimum dimensions per ordinance of9' x 19' with 25' wide drive aisles~ Structured parking stalls beneath the Senior Apartments may reduce tIle width of the drive aisle one foot to 24'. 5. The landscapin.g is a.pproved per the landscape .plans (sheets Ll..O-Ll.4) dated 4.12.04~ All street trees shall be deciduous species, as shown; conifers will .be allowed internally as shown. TIle proposed. shift of9 trees from the perimeter to the interior, as detailed on sheet L 1 ~O is also approved~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE P.ERMIT PAGE 14 OF 20 (.,y..,. ..... . /"'-':":~"" . (,,::...... .. 6~ This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17-4.B~ 7. Applicant .must comply with the conditions of the annexation, plat, .planned development, and development agreement for Touchmark Living Centers. 8. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that tIle light does not spillover o.nto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 9. All signage shall be in accordance with tIle standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage.is subject to design review and shall require separate permits~ Signs shall conform to the requirements of the Planned Sign Program approved for Meadow Lake Village on 11/27/02 and as submitted with the application. The two proposed 4x6 monument signs shall be located outside of tIle 40' x 40' sight triangles at the intersections. 1 O. All construction and site im.provements shall conform to the requirements of the Americans with Disabi.lities Act and the ado.pted building and fire codes. 11. A drainage plan designed by a State of Idaho licensed arcl1itect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. Stonn 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 surface water :is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan ap.provaI. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 12. Certi.ficate of Occupancy: All required ilnprovements must be complete prior to obtaining a Certificate of Occupancy for the proposed development A temporary Certificate ofOccupancy:maybe obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 11 0% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A .bid must accompany any request for temporary occupancy. 13 ~ Sanitary sewer and water service shall be via existing service lines in Meadow Lake Village that will be extended as part of this proposed develo.pment Applicant shall coordinate size and routing with the Public Works Department FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 20 ( (~.~... . 14. Underground year-round pressurized irrigation must be provided (from an existing system) to all landscape areas o.n this site. FIRE DEPARTMENT 1. Applicant s.halI meet with the Fire Marshall to discuss the aerial fire apparatus access roads per Section D 1 05 of the International Fire Code prior to final ap.provaI of the application~ 2. Project shall comply with NFP A and IFe requirements for underground parking, which may require that underground parking areas include fire sprinklers. Coordinate with Fire Marshall, Joe Silva. 3. a. b. c~ d. e. f. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. Fire Hydrants shall have the 4 ~" outlet face tIle main street or parking lot aisle. The Fire :hydrant shall not face a street which does not l1ave addresses on it Fire hydrant markers shall be provided. per Public Works spec. Locations with fire hydrants shall have the curb painted red 1 0' to eacll sid.e of the hydrant location~ Fire Hydrants shall be placed on comers. Fire l1ydrants shall not have any vertical obstructions to outlets within 1 0' ~ The phasing plan may require that any roadway greater than 150' in length that is not provi.ded witll an outlet shall be required to have an approved tu.m around. 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 6. Provide a 20' wide Fire Lane for all internal & external roadways. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide.. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 9. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 20 .r....-....... . . ( (~~y... 1 o~ Commercial and office occupancies will require a fire-flow co.nsistent with the International Fire Code to service the proposed project. .Fire hydrants shall be .placed an average of300' apart. ll~ The proposed multi-family project has an estimated 344 units at build out The Meridian Fire .Department has experienced 2397 responses in the year 2003. According to a repo.rt completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010~ 12~ Maintain a separation of 5' from the building to the d.umpster enclosure~ 13 ~ Provide a Knoxbox entry system for the cOl~.plex~ 14. T.he first digit of the Apartment/Office Suite shall correspond to the floor level. 15~ Fire Sprinklers will be required for all buildings associated with this project. 16~ No Parking signs and painted curbs will be required for all Fire Lanes. 17. Provide exterior egress lighting as required by the International Building & Fire Codes. 18. Please contact the Fire Marshall at 888-1234 to work specific issues associated with this project POLICE DEPARTMENT COMMENT: 1. T.he Police Department has no concerns related to the site design submitted with the application~ SANITARY SERVICES CORP. COMMENT: 1 ~ Please contact Bill Gregory at sse (888-3999) for detailed review of your proposal and submit starn.perl (approved) plans with your certificate of zoning compliance application~ B. Adopt the Recommendations of ACHD as follows: 1. Comply with the conditions of approval for MCUP03-005 (Meadow Lake Village). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 20 (: ~"":. (~~~.. .. -:..~~........ . c. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. A Land Use Change application must be filed with the .District prior to final platting. 2. All laterals and waste ways must be protected~ The easement for the Chaffin Drain must be protected. Any encroachment will require a license agree.ment prior to construction. \ 3~ All municipal surface drainage must be retained on site. If any municipal drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idah.o Code 31-3805. 2. The conditions shall be reviewable by the Council.pursuant to Meridian City Code ~ 11-17-9. 3. The above conditions are concluded to .be reasonable and the applicant shall meet such requirements as a condition of a.pproval of the application for a conditional use permit 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordan.ce with this Decision, which sllalI 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 EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit sllall be valid for a :maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must comme.nce the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the co.uditions of approval, acquire .building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building constructio.n. The ap.plicant FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE P.ERMIT PAGE 18 OF 20 (..: .... (~.~.... .. ...-:-.; . . b.as specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date s.pecified for the project is exceeded, the conditional use application. shall become null and void. However, the applicant may submit an ap.plication for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of tIle project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period~ For projects with multiple phases, the eighteen (.18) month deadline shall apply to tIle first phase~ In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4~B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idallo Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an. interest in real property which may be adversely affected by tIle issuance or denial of tIle FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 20 (... (.: conditional use permit ap.proval 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 ( tJ tr~ day of 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED F VOTED ~6t/ VOTED ~ VOT.ED ~'V VOTE:O ~ COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) DATED: ~~/&-f?4- . MOTION: APPROVED: DISAPPROVED: Attest: SEAL ~ ~ q,'" ~ 1 Iiam G. Berg, Jr., City lerk ~ 70 uSr 151," *' j ~ ~ ~ ,~ · . ~;//I OOlJNT'l \'0 "....~. . Copy served u.pon ApplIcant, Planning af{d/Z9J111l~,t\ep'artment, PublIC Works Depa ent and the City Attorney. Dated: ~-13-01 ()1 .~ By: . l U . City Clerk's Office Z~\ Work\M\Meridian\Meridian 15360:M\Meadowlake Village Continuing Care Retirement Center (CeRe) CUP-04-0 14\FfClsCUP04-0 14.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 20 ( BEFORE T.RE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 07/27/04 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) DEVELOPMENT FOR A PLANNED ) DEVELOPMENT FOR ) MODIFICA TION OF AN EXISTING ) CONDITIONAL USE PERMIT IN ) ANL-Q ZONE FOR ) MEADOWLAKE VILLAGE ) CONTINUING CARE ) .RETIREMENT CENTER (CeRe), ) LOCATED IN THE CENTER OF ) M.EADOW LAKE VILLAGE, ) SOUTH OF FRANKLIN ROAD, ) APPROXIMATELY ~ MILE EAST ) OF EAGLE ROAD, MERIDIAN, ) IDAHO ) ) TOUCHMARK OF THE ) TREASURE VALLEY, LLC, ) ) APPLICANT ) ) Case No. CUP-04-014 ORDER GRANTING CONDITIONAL USE PERMIT ]. This matter coming before the City Council on July 27, 2004, under the provisions of Meridian City Code S 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 a planned ORDER CONDITIONAL USE PERMIT (CUP-04-014) PAGE 1 OF8 (~..'::.:..:..: development to modify an existing conditional use permit for the Continuing Care Retirement Center (CeRe) and related facilities, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and .Engineering staff as foUows: P.LANNING & ZONING (P&Z) / PUBLIC WORKS 1 ~ The maximum buildin.g height (at the peak) for this project shall be as follows: Building Senior Apartments Assisted Living Facility Lodge Clock Tower Maximum Peak Height 55' 41 ' 46' 67' 2. .Parking is approved as depicted on the site plan, as follows: · Senior Apartments: 1 underground space per unit. · Assisted Living Facility: 41 spaces · Lodge: 60 spaces, plus 6 at service entrance Minor modifications can be made, if necessary, during the CZC process as long as tIle overall parking ratios remain constant 3. Setbacks are approved as depicted on the site plan (AI.l dated 4.15.04). The minimum setback shall be 5 feet and the project layout shall remain in substantial compliance with the approved site plan. 4. All surface parking sIlall conform to the minimum dimensions per ordinance of9' x 19' with 25' wide drive aisles. Structured parking stalls beneath the Senior Apartments may reduce the width of the drive aisle one foot to 24'. 5. The landscaping is approved per tIle landscape plans (sheets LI "O-Ll.4) dated 4.12.04~ All street trees s.hall be deciduous species, as shown; conifers will be allowed internally as shown. The proposed shift of9 trees from the perimeter to the interior, as detailed on sheet L 1.0 is also ap.proved. 6. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4~B. ORDER CONDITIONAL USE PERMIT (CUP-04-014) PAGE 2 O.F 8 c 7. Applicant must comply with the conditions of the annexation, plat, planned development, and develo.pment agreement for Touchmark Living Centers. 8. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spillover onto adjacent properties orright-of-way~ All parking lot lighting shall be in accordance with Ordinance 11- 13 -4C. 9. All signage shall be in accordance with the standards set fortl1 in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and. shall require separate permits. Signs shall conform to the requirem.ents of the Planned Sign Program approved for Meadow Lake Village on 11/27 /02 and as submitted with the application. The two proposed. 4x6 monument signs shall be located outside of the 40' x 40' sight triangles at the intersectionS4 10.. All construction and site improveme.nts shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 11. 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 Qu.ality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Count.ies and City of Meridian standards and policies. Off...site dis.posaI into surface water is .prohibited unless the jurisdiction which l1as 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 Wells4 12~ Certificate of Occupancy: All req.uired improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed. development A temporary Certificate of Occupancy may be obtained. by providing surety to tIle City in the form of a letter of credit or cash in the amo.unt of 11 0% of the cost of the required improveme.nts (including paving, striping, landscaping, and inigation). A bid must accompany any request for temporary occupancy. 13.. Sanitary sewer and water service shall be via existing service lines in Meadow Lake Village that will be extended as part of this proposed development.. Applicant shall coordinate size and routing with the Public Works Department. 14. Underground year-round pressurized irrigation must be provided (from an existing system) to all landscape areas on this site~ ORDER CONDITIONAL USE PERMIT (CUP-04-014) PAGE 3 OF 8 FIRE DEP ARTM.ENT 1. Applicant shall meet with the Fire Marshall to discuss the aerial fire apparatus access roads per Section D 1 05 of the International Fire Code prior to final approval of the application. 2~ Project shall comply with N.FP A and IFe requirements for underground parking, which may require that .underground parking areas include fire sprinklers. Coordinate with Fire Marshall, Joe Silva. 3~ Final Approval of the fire hydrant locations shall be by the Meridian Fire Department a. Fire Hydrants shall have the 4 ~" outlet face the main street or .parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided .per Public .Works spec~ d. Locations wit11 fire hydrants shall have the curb painted red 1 0' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical o.bstructions to outlets witllin 10'. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to 11ave an approved turn around. 5. All entrance and internal roads sllall have a turning radius of 28' inside and 48' outside radius~ 6. Provide a 20' wide Fire Lane for all internal & external roadways. 7 · Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. The roadways shall be .built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than. a 29' street width shall have .no parking~ Streets with less than 33' shall l1ave parking only on one side. 9~ Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. ORDER CONDITIONAL USE PERMIT (CUP-04-014) PAGE40F8 1 o. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service tIle proposed project. Fire hydrants shall be placed an average of300' apart. 11. The proposed multi-family project has an estimated 344 units at build out The .Meridian Fire Department l1as experienced 2397 responses in the year 2003. According to a report co~pleted by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010~ 12. Maintain a separation of 5' from the building to the dum:pster enclosure. 13. Provide a Knoxbox entry system for the complex. 14. The first digit of the Apartment/Office Suite shall correspond to the floor level. 15. Fire Sprinklers will be required for all buildings associated with this project 16. No Parking signs and painted curbs will be required for all Fire Lanes. 17. .Provide exterior egress lighting as required .by the International B.uilding & Fire Codes~ 18. Please contact the Fire Marshall at 888-1234 to work specific issues associated with this project POLICE DEP A.RTMENT COMMENT: 1. The Police Department has no concerns related to the site design submitted with tIle application. SANITARY S:ERVICES CORP. COMMENT: 1. Please contact Bill Gregory at sse (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance ap.plication. B. Adopt the Recommendations of ACHD as follows: 1. Comply with the conditions of approval for MCU:P03-005 (Meadow Lake Village). ORDERCONDITIONALUSEPERNUT (CUP-04-014) PAGE 5 OF 8 r=^... (........ (. ~~ c. Adopt the Recommendations of the N ampa & Meridian Irrigation District as follows: 1. A Land Use Change application must be filed with the .District prior to final platting. 2. All laterals and waste ways must be protected. The easement for the Chaffin Drain must be protected. Any encroachment will require a license agreement prior to construction.\ 3. All municipal surface drainage must be retained on site. If any municipal drainage leaves the site, the N amp a & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirem.ents as a condition of approval of the a,pplication 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 ~ I 1-17-8, a co.py of which is attached to this permit NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE P.ERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eigllteen (18) mO.nths unless otherwise approved 'by the council. Du.ring this time, the .permit holder must commence the use as permitted in accordance with the conditions of ap.'proval, satisfy the requirements set forth in the conditions of ap.proval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In tllis context "structures" shall include sewer and water lines, streets or building constru.ction. The ap.plicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an ORDER CONDITIONAL USE PERMIT (CUP-04-014) PAGE 6 OF 8 (. application for a time extension on the project for city council review. The ap.plication for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project :For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase~ In the event that the development is made in successive contiguous segments or m.ultiple phases, such .phases shall be constructed within successive intervals of one year from the original date of approval by the council. If tIle successive phases are not submitted witllin D.ne year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF .FINAL ACTION AND RIG.HT TO REGULATORY TAKINGS ANALYSIS TIle A.p.plicant is hereby notified that pursuant to Idaho Code 67-8003, the Ow.ner .may request a regulatory taking analysis. Such request must .be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue~ A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, p.ursuant to Idaho Code ~ 67-6521 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. ORD.ER CONDITIONAL USE PERMIT (CUP-04-014) PAGE 7 OF 8 (. . By action of the City Council at its regular meeting held on the I () I!l- day of sT- , 2004. Attest: 1: arrUtl \i 'll e I>>; , '\'\~f Of it4.Eftl^ II //1 " ;t ~ Vi " ~ ~ "' ~.A. ~ ~"() o~POR~h "V ~ ~ ~o <-<'0 ~ ~ ~ ~ ~ = SEAL _"'?~ & ~ ~ .-~~ "q; 0 ~ ~ -?~ ~:r 1Si t X'.$ ~ ~ 'S:>~ v-~ ~;/II/ICOUm'l f :\\\'\"" Copy served upon Ap.plicant, tIle Planning ~6!dl~"-l11g\Department, Public Works Department and City Attorney. By: )J City Clerk's Office Dated: ~ - '3 -04 Z:\Work\M\tvIeridian\Meridian 15360M\Mcadowlake Village Continuing Care Relirement Center (CCRe) CUP~04-014\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-04..014) PAGE 8 OF8 ( :... August 6,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT August 10,2004 ITEM NO. (0 - F REQUEST Black Cat Trunk Sewer and Lift Station Project Addendum No.2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~ 01 Confacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ('.~...... .('n... : ~~ r ,~ ~ 8~ 5 v.\ ~r; ~ ~'~~'\ '1;.:.~ i: u ~V h.~ td ~/..... ~ ~ -r.;:...~ ..~ 1:'... J-=:-..~ So,iIIi r.. :t..::t :.~ ' ~rL~ '~, LUl JUL 3 0 2004 City of Meridian City Clerk Office To: William Berg, Jr~; Tara Green -From: Clint Dolsby, P.E., Staff Engineer CC: Brad Watson, P.E~r City Engineer Date: 7/30/2004 Re: Proposed Agenda Item for August 1 0, 2004 City Council Meeting The Public Works Department respectfully requests the following item be placed on the August 10 City Council agenda, under Consent Agendaf for Council's consideration: Black Cat Trunk Sewer and Lift Station Proiect Addendum No.2. JUS Engineers, Inc. has submitted a task order, scope of work, and budget for this design project They propose to complete the work for $14,448. This is an extension of the agreement between the City of Meridian and JUS Engineersf Inc. approved by City Council on the 28th of January, 2003 for the Black Cat Trunk Sewer and Lift Station Project. This project consists of engineering services for the design and construction documents for the landscaping and irrigation plan for the Black Cat Lift Station site and the preliminary and detailed design of the sewer on Pine Avenue east of Ten Mile Road within the proposed limits of ACHD's Ten Mile Road Widening Project No~504003. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Black Cat Trunk Sewer and Lift Station Project Addendum No.2 with JUB Engineers, Inc. for $14,448 and authorize the Mayor to sign it. Thank you for your consideration~ Please contact me if you have any questions regarding any of these items. ED Page 1 ~ r J.U-B } ~ (" ( J-U-B ENGINEERS, Inc. 250 S. Beechwood Avenue, Suite 201 · Boise) idaho 83709-0944 . Telephone (208) 376-7330 . FAX (208) 323-9336 AUTHORIZATION FOR ADDITIONAL SERVICES - NO.2 CLIENT: CITY OF MERIDIAN PROJECT NAME: BLACK CAT LIFT STATION AND PRESSURE SEWER J-U-B Project Number: 11873 The following additional items of work on the project referenced above have been or will be provided by J-U-B ENGINEERS, Inc. These additional services are a supplement to the scope of services contained in J-U-BJs existing Agreement for Engineering Services for this project approved bv City Councif on January 28.2003. Additional Services: As described in Attachments uA-1 u and uA-2" J-U-B ENGINEERS, .Inc~ was verbally authorized to provide these services by: n/a Name n/a Date Unless otherwise noted below, J-U-B ENGINEERS, Inc~ will provide these additional services on a time and materials basis, using the Firm's standard billing rates, or jf applicable, the billing rates established in the initial Agreement for Engineering Services. Other Basis for Payment As outlined in Attachments uA-1 ft and "A-2u Dated this day of , 200~. CITY OF MERIDIAN Print or Type Client N J-U~B ENGINEERS, Inc. SEAL y & 2 -;. V-Q ,OJ 0::: . ~ "'-^ us! 1Si ~ ,>:' $ iI" V t~~ "'" ~'l-;.~? '0..- ~ .. ~ ~ ~\(.".:~ r I . ~ ~~ ~;\ t ~ i' \....... Black Cat Lift Station Et Trunk Sewer ~ Authorization YcitlAda:aloha!,SeNices No. 2 .:..... __ ..t", By: page 1 J-l!I-B ENGINEERS) Inc. j" \ Attachment fA-1' - 11873 CITY OF MERIDIAN - BLACK CAT TRUNK SEWER AND LIFT STATION AUTHORIZATION FOR ADDITIONAL SERVICES NO.2 ATTACHMENT "A-1" J-U-B ENGINEERS, Inc., Project No. 11873 Lift Station Landscaping and Irrigation Plan SECTION 1 - PROJECT UNDERSTANDING Overview This addendum adds the design and preparation of construction documents of Landscaping and landscaping irrigation facilities for the Lift station site. This work will be completed by a subconsultant (The Land Group) and incorporated into the Black Cat Lift Station Project. The contract amount in the original agreement for Task Item 8.6 4tLift Station Additional Services" will be adjusted for the additional work as described below. SECTION 2 - CITY RESPONSIBiliTIES As described in the original agreement. SECTION 3 - SCOPE OF ADDITIONAL SERVICES TO BE COMPLETED Services to be Performed bv J-U-B: Add the following to Task 8..6 Additional Services in the Original Agreement.. 8.6.(. ... LandscaDin~ and Irrif!ation Plan J-UwB shall contract with a subconsultant ("The Land Group") for the design of landscaping and related irrigation systems for the Lift Station site. The scope of services from the subconsultant are attached and incorporated hereto. SECTION 4 - FEE SCHEDULE Basis of Fee and BillfnQ Schedule The CITY shall pay J-U-B for its services and reimbursabLe expenses as follows: · Lift Station Landscaping Design and Plan To ifJcorporate Task B.6.C, the contract amount will be adjusted as folLows: Original Contract Amount n......Un.u.~.. .....~u...............................~..".II....".~......"..n.... $ 33,662 Addendum No,,2, Attachment A-1, on a time and materials basis....".... u............"....... $2,400 Adjusted Contract Amount, time and mate ri als basis esti mated at ~"...n.. II. .".... II .. $ 3 6,062 Black Cat Lift Station &. Trunk Sewer - Authorization for Additional Services NO.2 page 2 J~lJ-B ENGINEERS, Inc. /~.:.'-.. . (~ . (. .. . 't. :.. :. .. .. Attachment (A-2' - 11873 CITY OF MERIDIAN - BLACK CAT TRUNK SEWER AND LIFT STATION AUTHORIZATION FOR ADDITIONAL SERVICES NO. 2 ATTACHMENT "A-2" J-U-B ENGINEERS, Inc., Project No. 11873 PINE AVE. INTERCEPTOR SEWER EXTENSION SECTION 1 - PROJECT UNDERSTANDING Overview The City intends to construct sewer on Pine Avenue east of Ten Mile Road within the proposed limits of ACHD's Ten Mile Road Widening Project No.504003. Pine Road will be reconstructed approximately 555 feet some time in the fall of 2006. The proposed sewer will connect to the existing manhole located in the intersection of Pine Avenue and Ten Mile Road. AU work will be in the public ROW. For the purpose of developing this scope of services, it is assumed that this extension will be a joint project between the City and ACHD, and independent project from any of projects associated with the Black Cat Trunk sewer. This amendment provides for engineering services for the aforementioned work and supplements the original agreement~ SECTION 2 - CITY RESPONSIBILITIES · Provide an ACHD liaison to assist in the coordination of the project and resolution of joint agency policy issues that may arise. · Provide a liaison to coordinate with private developer(s) and affected landowners. · Provide relevant record drawings in the subject area. · Coordinate improvements with pending private development. · Provide timely reviews and input as project progresses. SECTION 3 - SCOPE OF ADDITIONAL SERVICES TO BE COMPLETED J-U-B shall furnish services specifically limited to the following at an assumed level of effort depicted on Attachment B-2 and described herein: Task 1- Pine Road Interceptor Sewer: Research, Field Survey, and Control A. Research, controL, topographic survey and mapping will be completed full width on Pine Avenue from the Ten Mile Road intersection east approximately 600 feet~ Survey criteria will be per the methodoLogy identified in the original agreement, and as identified herein. It is intended that the vertical datum will be NA VO 88. ACHD will be contacted for determination of their datum basis. If ACHD is not on the NAVD 88 datum, then J-U-B and the City will review and make a joint decision on selecting the datum used for the final construction plans. Black Cat Lift Station Et Trunk Sewer - Authorization for Additional Services No.2 PQ2e 3 J-U-B ENGINEERS, Inc. ~.(:. . (. I~ l~. Attachment lA..2' - 11873 Task 2 - Preliminary and Final Design A. A preliminary design of the Pine Road interceptor will be prepared for review and approval.. Design considerations will include the folLowing: a.. Interceptor Sizing: The master plans sizing of the sewer will be reviewed with the 2003 Sewer Master Plan. 2003 Sewer Model will be run to confirm flows and line sizing from service areas 176, 181, and 450.. b. Vertical alignment consideration wiU include: 1) Review of invert proposed by the 2003 Sewer Master Plan; 2) Ability to intercept flows from the Mashers Farm Lift Station; 3) Ability to intercept flows from the temporary Uft station located in Morning Glory No.1 Subdivision. 4) Clearance beLow the proposed 48" culvert (Ten Mile Stub Drain); 5) Review of impacts from possible re-routing of the interceptor west of Ten Mile Road. e. Horizontal corridors will be based on the City's and ACHD requirements, and to provide clearances from known existing utillties and proposed ACHD facilities. d.. J-U-B will develop preliminary plan and profile exhibits and meet with the City to determine a preferred alignment. B. Final design wilL be completed on the preferred alignment and final construction plans prepared per the methodologies in the original agreement. Proposed roadway improvements as provided by ACHD, will be referenced on the Plans as provided by ACHD. C.. Technical Specifications will be prepared using ISPWC and special provisions if required. D. Quantities will be determined and a recommended bid form prepared. E. An opinion of probable construction cost will be prepared.. F.. Upon 90% completion of the plans and technicaL specifications, J..U-B shall submit review submittals to ACHD, DEQ, NMID, and the City.. DEQ checklists will be prepared as required. G. A senior J-U-B staff engineer will conduct an in-house quality control and constructability review of the construction pLans and technical specific~tions. H. J-U-B shall incorporate all appropriate revisions as suggested by the City and the permitting agencies in the final set of plans and specifications. Fifteen (15) sets will contract documents will be prepared for incorporation into the ACHD project. Task 3 - Proiect Meetin~s, A~ency Coordination and Permittint;! A~ J-U-B will attend meetings with the City on an as-needed basis throughout the project. B.. Agency coordination and permitting is anticipated to include the following tasks: 1. ACHD will be contacted and coordinated throughout the project to obtain pertinent roadway designs and plans. 2~ NMJD will be coordinated with and a license agreement prepared for the Ten Mile Stub Drain Crossing. For the purpose of estimating fees, one (1) legal description is assumed will be required for submittal with the license agreement request~ Black Cat Lift Station Et. Trunk Sewer R Authorization tor Additional Services No.2 page 4 J-U-B ENGINEERS, Inc. (" (" Attachment {A-2 i .. 11873 SECTION 4 - FEE SCHEDULE Basis of Fee and BillinQ Schedule The CITY shall pay J..U-B for its services and reimbursable expenses as follows: · T as ks 1 and 2 0 n a l u m p sum bas is of ................ u . .. . n .. .. .. .. . .. .. .. .. . . .. .. " .. " " .. .. .. .. .. " " .. .. .. . u ... " .. n . u .. H " .. . .. .. " ... $ 8, 9 DB · Task 3 on a time and materials basis, with an estimated budget of ......."............"......."........."................ $3, 140 The basis for calculation of fees is presented in Attachment "B-2". \ \Boisefiles\Public\ProjectManagers\PHK\ 11 873-Black Cat\ 11873-PM\Contract and Billing\addendum no.2~doc Black Cat Lift Station 8: Trunk Sewer - Authorization for Additional Services No.2 page 5 ~~ (fJC/) ="" ~(JJ ~ OJ :J a. ~!'r fA. * wco ~Co ~o o CO ( a .-JI., (n o a (.n :.~. ~t;} 00 c.no-. en c [II -f o -i > r (,J) -0 mt~ ~~ 2. 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[ ~ ~ o ~ 01 o ~ Ul a Co ~ -.L o tn o 0 0 p ~ <.n (.r, ....-i. ~ ~ 0 000 0 ~ kl N~~ a. ~ . l\). ....... ~ en U1 01 c.ntn CJ1U10l..J.. ~ ..t.J t .0 00 ,,~ Ultn 00 (no. o o (:R .......:4 ~ NA -...Itn c:a W .YJ f:h CD A <.nUl '.lW w <.n ....;L W 01 o o .u:J CJ1 m U1 .t:. o 0, a 0-. a ~ ()1: o ~ -J.. en ....I... a h> (Jl 00 ~tn o en -fI) -69 -(R -.&J <:R _....Jt. ~ ~ ~ -En {R: ~ if) C')~~aCJl......l.-...JN~Ocn l\JQ:)cnaOlO~U1t'Vt\.)a wm~A~O>O'lNOlOCD ~p ~~ a en ( :~ 1~; !;N !" !l a. .: ::t~i !<I ~. i~ ~l ~ l~ ~cn: 1:31 ~~j ~ [w~ ~Cf) i1 :-...~: ~.... : H~(;) ffY U .j;lll lij~ ~ CD < (ji~ :=;:0 ~o::c :TIamc; m --CD O:fii~k8 cnOmg.@ ffi[f~~ -of ^ ::T a. 0" ~d~b'~ f=-g~2.< (J) r.p m Q. ~ o o o 00 ~ ~~ 00 -.l.tno, o o ~ tn o N Ul -Jr. 0, -l. U, .&J -EF; ~ iIi ..~ ~ ""WOOl OlW..J...t:. I'Jmcoc.n oUt tr.J N C11 ~ 1~ I:~ ! >i:~ ~ -r ,;1;3 o. ./n (fJ ;0;: ~ r~ ~?<: : ::J :f l.a rr ~. ?~:.. :.:-.: ~ n~Ht1 fItW Mm.rr (/~~~.~~ {~~:} .: ~:~?:; m 3 "'C 0-- CD fI) :c o ~ '< -0 ~ ::0 OJ: CD ~ :' ,,;; :.1 ;; :,;:; '" ~~~. ~ ~ ::,~;!~ 00 CnOl =- .:.:..:-:- ~ :~ tt i1l~ .:~( :.~ :EA: ~ ;:~ ~; :::-;:~ !t: t) :H!:~i:.(, :.~ :lr~l!:I o (n-. a C,n-l. ~I:il!~ ~g:'-l ~ S~ - ,..,.. A =2!., ~ . ~ ~ ~i :: : ::. :.~ :.":~ . . ~; .: ~ . :~: ~ .~ ~ ~~ .~1: ~~T~ )>)>(') -Ie"" -;-1-1 >~-< (")00 :C;:o" SN~ m)>m ~::!~ 00 rjj2:; ~-n:Z : 0 I -:::oDJ r-)>. )>0> OJen 0-" ;U:j(") )>O~ ZZ-f 0)>--1 mr:::o Ocnc Cmz .....:::0" -C<cn Som mm~ ZOOm -Iz;c co)::- !!J~z )> I 0 i=:Ec: z" m--i )>cn <;! f11-1 20 --12 m ;::0 o m " ~ o ::0 en m ~ m ::0 I' f t I . (f.~. (.. ...... , .." AIa-"" ,,~ ., THE LAND GROUP, INC. .-\pril 27, 2004 J-U-B Engineers~ [nc. attn: Nate Runyan 250 S. Beechwood Ave. Suite 20] Boise~ [D 83709 Re: Fee Proposal Meridian Black Cat Lift Station Dear Nate: \Ve are pleased to submit this proposal for professional services in connection with the project referenced above. The following reviews the type and scope of services provided and the fees required for completion. Tllis proposal is based on the project information received April 22, 2004. SCOPE OF SERVICES A. D ESI G N DE VELO PMENT .. ......... u... u ....... ..... ...u..... u...... ......... .u.... u ..._..... u ........u -u..... $250.00 The Land Group shaH prepare a Landscape Plan to define the character and essentials of the project. This phase is very important to communicate and combine all input from the owner's program elements and design criteria. This Landscape plan shall include all landscape elements including trees, shrubs and ground covers. This accurate plan is to be reviewed and commented on by the owners and other govemmen.tal agencies. These drawings will further be utilized as base sheets to the Construction Documentation. B.. CO NSTRUCTIO N DOCU1VIENT A TIO N .u........ ..-.......................~....t>.............u...u.u.u. $ I ,650..00 The Land Group will develop working dfa~ings and technical sections of specifications to construct work related to landscape and irrigation. In developing working dra \vings and specifications, The Land Group shall coordinate its serv'ices with those of other con su I tant s. C., ADD I T ION ~~ L \V 0 RK .............. - · .. .. .... ... ... - .. .. · .. -.. · .. to ...... to. .. ...... .. .. .. . .. . .... . ....... .. .. .. . . .. ... . .. .. .. .. .. ........ ..... . .... .... .. .. . _. .... .. . _ _ " .. $5 0 0 .. 0 0 The Land Group will include the \vark related to landscape and irrigation in the conlnlon area bet\veen Black Cat Road and the Lift Station Site in the \.vorking dra\\,..ings. CONSTRUCTlON DOCUI\1EN.r,;\-rION SCtiEDlJLE The Land Group \vil1 provide the tollotving: ~$r L,IJJd${'llfJr _.Irl...hiJtourr' · P/II/Jllinot: .. C:irii l~fI.:!.iJ'rrrhl.v.. .. C.f)(/ C/;/fFJi' 1:'II.~jJJrr-rJ/I.!!, c:--- Jrr;L:!.:JlilJII . GrdpJ,/( (:rJ/IIII//l/fIJ'{II/lJll ..J (12 F. $. h 0 n. n r j n.:. S U j r l.: l () (J .. E ~ltrJ {:'" _ J II.. h II N '\ r. I tL . D 'H\ 1... . j ~ 1\ ,,,. I . _ ~ _ . .. . _ II. ~ ('. . /.... t.:. ] · LANDSCAPE PLAN AND DET AlLS Provide landscape design including specific plant material, planting topsoil, layout, plant sizes'and construction detaiIsT Verify City landscape standards and requirements. 2~ IRRIGATION PLAN AND DET AlLS Provide irrigation design for all landscape areas including details from mainline point-of- connection. Irrigatipn design to include head layout and/or drip irrigation layout, lateral Jines & zoning, valve placement, mainline and control wire routing, controllers, along with all necessary schedules and legends. 3. SPECIFICATIONS The Land Group will provide project technical specifications for sections connected to working drawings above~ .FEE COST Des ign D ev el 0 p men t - .....ot........................... "" ... olio..... ......................... ............. It. *........ ......................!II.... "". $250.. 00 Co n stru c ti 0 n Documents -................. ..."'.... '" ............... ......... .... ......................... ..... ...................... $ I ,650.00 Ad d iti 0 n al Work,;... ...~.......................*. "'......... ................ ......... ..... ............................................ II............... "'....... ...... $500.00 Fees .for Professional Services shall be billed monthly for progress payment based upon percentage of work completed. .D. SERVICES NOT INCLUDED 1. Soil Testing 2. Geotechnical investigation report and field observations. 3 ~ Design revisions after approval to proceed with construction documents. If design revisions are requested) The Land Group will perform the revision after receiving written authorization. 4. Design of site signage, lighting, sculpture or water fountains. 5. Site retaining walls or stairways. 6. Gas, electrical, cable television and telephone service design. 7. Full-time construction observations services, testing and construction staking. E. ASSrnvtPTIONS The assumptions listed below were fundamental in determining the appropriate fee for the scope of work proposed in this section. Significant deviations from these assumptions could materially impact the actual fee incurred under the above scope~ The assumptions include: I. Prior to the actual b~ginning ofworkT City of Meridian Public Works and The Land. Group wiUjointly define the extent of the Scope of Work and standards to be utilized for the duration of the project 2. Completion of inqividual tasks wilJ take place in an orderly fashion~ Submittals required by the Owners will respect a time table jointly established with The Land 'I: .. ( ;" f F Group prior to the beginning of work. 3. Prior to the beginning of work the following will be made available to The Land Group: a. Base topographic mapping~ including boundary survey in an Autocad fannat. b_ Approved Site Plan in an Autocad format. F. ADDITIONAL SERVICES When specifically requested] work not described above shall be performed as additional services. This work may include, but is not limited to: I. Making revisions in drawings, specifications or other documents, or preparing change order documents, when such revisions are due to causes beyond the control of our finn. 2. Design revisions after securing Owner approvals to proceed. If design revisions are requested, The Land Group will perform the additional services after receiving written authorization. 3. Providing additional site observations. 46 Preparation of record drawings or transferring as-built blueprint information to the original drawings. 5~ Providing any other services not specifically included in this proposal. G. REIMBURSABLE EXPENSES The following costs shall be reimbursed at cost plus 10% and are not included in the Fee for Professional Services: 1 A Cost of models, special renderings, promotional photography, special process printing, special equipment, special printed reports or publications, maps and documents. 2. Photographic services, film and processing. 3. Cost of copies of drawings, reports and visual images; xerography and photographic reproduction of drawings and other documents furnished or prepared in connection with the work of this contract~ 46 Cost of commercial carrier and public transportation:. lodging, car rental and parking, subsistence and out-of-pocket "expenses_ Private automobile travel at $O~3 I per mile. 5~ Cost of postage and shipping expenses other than first class mail. 6. Long distance telephone telegraph charges. 7. Electronic data processing. 8. Fees for additional special consultants retained w"ith the approval of Client. H. COMPENSATION FOR ADDITIONAL SERVICES Compensation for additional services shall be on a time and expense basis in accordance with the following: PRlNCIP AL LANDSCAPE ARCHITECT.. H.... ..n.......... u... u+ _........ u....u $95600 per hour PRO JEeT !vi Ai"\,[ A G ER/D E S I G N ER H.' · · · · · · · · · · · . . + -- · . . . . . . . " .. _ . __ ~ . . . _ . _ . . . . . . . . . . . . h $ 8 5 _ 00 per hour , ... ( ('.'.. ... : PRODUCTION MANAGER/CAD 0 q... q~- -... _ ..~_... ._. __....... _... _.. _... n.~ u.. _ _&0 $65_00 per hour CLERl CAL · · - - .. - · .. -- H - - · ~ -. · - ~. - -- · - · L - - - · · - · -- . . -- - . ow · n · q. . -. +. _ . . . _ _ . _ __ .. __. q . . _ .. . & + H u + L . __ $35_ 00 per hOll r I. STATEMENTS Fees for Professional Services shall be billed monthly for progress payment based upon percentage of work complete. Reimbursable Costs shall be billed with fee invoices. J. TERMINATION It is understood that these services may be terminated upon 1 0 days written notice for good reason by either party. In this event, The Land -Group shall be compensated for all work perfoffiled prior to date of termination at the rates set forth above. K. REVOCATION This proposal shall be considered revo"ked if acceptance is not received within 90 days of the date hereof STANDARD OF CAREl CONSTRUCTION CHANGES The Land Group, Inc~ will follow the professional standards of care expected of a landscape architect licensed and practicing in the State of Idaho~ The owner acknowledges that in the perfonnance of seroices] as defined in this agreement, the landscape architect and his consultants are expected to meet the standard of care as defined by the State of Idaho. The owner acknowledges that this standard of care does not imply or represent that the contract documents produced by the landscape architect and his consultants will be I 00% free from inconsistencies, conflicts, or discrepancies and does not guarantee that 1 00% of the elements of the project are included~ The owner understands that since the landscape architect and his consultants can not produce 100% accurate documents, that construction changes will occur and the changes may cost above the original contract price between the owner and the contractor. These changes are in addition to any changes required due to unseen or hidden conditions, changes in the codes or regulations and any owner directed changes. The owner will establish a construction contingency to fund construction changes. All costs or credits associated with construction changes will be handled by a modification to the original contract between the owner and the contractor. Nate) thank you for the opportunity to work with you on this project. We are confident in OUf abilities to provide you with the high quality, timely design solutions that you require. We would be pleased to answer questions YOll may ~ave or to clarify the various points above. If this proposal meets with your approval, please sign below and return one copy for OUf files. Sincerely, T Company ~;-- "--+-~~n ~ ~ y c ......... ~ ~~~ ~-~ ~ ---""IiiiIl -, .........."zt.,.. ---.--.-- ~r~'\~ ~... -~ ....~ .... ~ -=-~ ~"''''.. , '(..c ~ .. + /-':"..... (:.: ('-.'.:. . By Title e t-'f , Date ~ll ~l()~ ( ( August 6,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT August 10,2004 lo-G ITEM NO. REQUEST Award Contract for Architect for Senior Center Project AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: EmaUed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridlan~ (... RECEIVED AUG - 9 200i; City of Meridian City Clerk Office MEMORANDUM To: Mayor and City Council Members From: William G~ Berg, Jt:, City Clerk Date: Monday, August 9, 2004 RE: ICDBG-04-111-01-SR Meridian Senior Citizen Center Architect Selection ~ The City of Meridian received four proposals for architectural services for the Meridian Senior Citizen Center Project. They are Johnson Architects, CSHQA, Olson & Associates and Cole & Poe Architects. After reviewing the applications / proposals for architectural services, the special MSCCGP committee recommends to the City Council to select Johnson Architects, PC, 440 E. Corporate Drive #102, Meridian, Idaho 83642 to provide the architectural services. //~ III" (.:.... ." (" CITY OF lVlERIDIAN REQUEST FOR PROPOSALS FOR ARCHITECTURAL & CONSTRUCTION MANAGEMENT SERVICES The City ofMeridia~ Idaho is requesting proposals from qualified consultants to provide architectural and construction management services for rehabilitation of the Meridian Senior Citizen Center. Those services will include preliminary drawings, cost estimates, and final design. Proposals are submitted to the City of Meridian, City Clerks Office, 33 East Idaho Avenue, Meridian, Idaho 83642 no later than by 5:00 pm MST on Monday, June 21, 2004. The City of Meridian has applied for federal assistance to fund the project in partnership with the Meridian Senior Citizens. Proposals will be evaluated and ranked on the following criteria. The maximum point value of each criterion is shown in the parentheses: 1 ) Capability 2) Relevant Project Experience 3) Qualifications of Project Team 4) Project Approach and Schedule 5) Committee Interview (optional) 6) Completeness of Proposal 10% 20% 20% 20% 20% 10% Six original copies of the proposal must be submitted~ More specific project information may be obtained by contacting the City of Meridian, City Clerks Office, 33 East Idaho Avenue, Meridian, Idaho 83642 or by contacting William G. Berg, IrA, City Clerk, at (208) 888-4433. The City of Meridian reserves the right to reject any or all proposals and to award the contract for the project in sole judgement of the City, best meets the City's selection criteria. DATED this 1st day of June, 2004. Attested: C~rk SEAL ~ \~ [t) ~ ~,~ D ~ ~ c...Q "Qi (l ~ ~]10 uSr ~~S\ ' ~... ....~ '"/// ~ f\ f5X"- ~~ ~ /// -au [-r" " 1/ > ~ ~ i ,f \\' 1/; \ \ \ / J 1 : i.~ J r i \ i H \ \ \ Publishing Dates: June 7th and 14tl\ 2004 ( August 6,2004 MERIDIAN CITY COUNCIL MEEfING APPLICANT August 10,2004 ITEM NO. lo- , REQUEST Approve Beer and Wine license Transfer from Bangkok House to Sa Wad Dee Thai Restaurant - 1890 East Fairview Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: See attached vV Contacted: Emailed: Date: Staff Inifials: Phone: Materials presented at public: meetings shall become property of the City of Meridian. August 61 2004 Department Reports MERIDIAN CITY COUNCIL MEETING August 1 0, 2004 APPLICANT City Council Member -- Shoun Wardle ITEM NO. REQUEST Update on Golf Course Standards AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: ~ ~V\ vu) Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of MeridIan.. C... ... \ August 6, 2004 Department Reports MERIDIAN CITY COUNCIL MEETING August 10,2004 APPLICANT Finance Department ITEM NO. 1-- 6. r REQUEST Update on Police Department Properly Tax AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEFT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: tv · - ~ v-rv f1)vJ ~ ) ~rv VJ' Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. (.:~.. }:~. ... . . (-.'. August 6,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Police Department Department Reports August 10,2004 ITEM NO. 1- - L, - , REQUEST Traffic Safety Commission Recommendation by Captain John Overton AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUllOfNG DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~~ j\t~ /J vtf1" f (tV ~ .,-r' tivJrf j1or1 {J/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings sholl become property of the City of Meridian.. ( t ~. August 61 2004 Department Reports MERIDIAN CITY COUNCIL MEETING August 1 0, 2004 APPLICANT Parks & Rec Department -- Doug Strong ITEM NO. t ~ O. I REQUESf Discussion of New Fees and Fee Increases AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Message .l:'age 1 or k ( Will Berg From: Bill Nichols [wfn@WHITEPETERSON.com] Sent: Friday, July 16, 2004 3:43 PM To: Will Bergl Cc: Doug Strong (E-maiO; Stacy Kilchenmann Subject: Parks and recreation fees Confidentiality Notice: This email message may contain confidential and privileged information exempt from disclosure under applicable law. If you have received this message by mistake, please notify us immediately by replying to this message or telephoning USf and do not reviewf disclose, copy, or distribute this message. Thank you. William F. Nichols WHITE PETERSON~ Attorneys at Law 5700 East Franklinf Suite 200 Nampa~ Idaho 83687 (208) 466-9272 Fax (208) 466-4405 E-Mail: wfn@whitepeterso n ~ com Will You have asked for an opinion on the new fees charged by the Parks and Recreation Dept for events like the tlBarn Sour" and the In Line Skate Competition. Idaho Code 83=1311A reads as follows: 63-131IA. ADVERTISEMENT OF AND HEARING ON FEE INCREASES~ No taxing district may make a decision approving a fee increase that exceeds one hundred five per cent (105%) of the amount of the fee last collected or a decision imposing a new fee, unless it first holds a hearing upon such proposed fee increase or fee imposition at a regular or special meeting of the district's governing body and after it gives public notice of such hearing in the manner provided in this section. Any taxing district that is required to hold a hearing and give public notice of the hearing as provided in this section, and which fails to do so, shall have the validity of all or a portion of the fee increase that it collects be voidable4 The taxing district shall give public notice of its intent to make a decision on a proposed fee increase, that exceeds one hundred five per cent (1 05%) of the amount of fees last collected prior to such decision, or a decision to impose a new fee by giving public notice either by advertising in at least one (1) newspaper as defined in section 60-106, Idaho Code, or by holding three (3) public meetings in three (3) different locations in the district or by a single mailing notice to all district residents, providing that the same information is given and providing the meeting shall be held not less than seven (7) days after mailing of the notice.. An advertisement used to satisfy the requirements of this section shall be run once each week for the two (2) weeks preceding the week during which the hearing required by this section will be held. The advertisement shall state that the taxing district will meet on a certain day, time and plac~ fixed in the advertisement, for the purpose of hearing public comments regarding any proposed fee increase beyond the limits prescribed by this section, or imposition of a new fee and to 8/1 0/2004 Message t'age ~ or L ( explain the reasons for such action. ( As you can see, the statute generally requires that new fees be approved by the City Council, after a public hearing, before they are imposed" Failure to do so makes the "validity of all or a portion of the fee increase that it collects be voidable." Thus. if someone wanted to, the new fees could be challenged. If challenged, a judge could determine the fees were void. As a practical matter, no one is likely to challenge a $10 entry fee. A practical solution is for the Parks Dept to develop a proposed fee schedule that has generic fee categories which can then be published, discussed at a public hearing and adopted by resolution. The fees would be reviewed annually. Bill N. 8/1 0/2004 /:~.. . \..: (' August 6, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Mayorls Office REQUEST City-wide Strategic Plan Department Reports August lOr 2004 ITEM NO. 1-E-1 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public mee"ngs shall become property of the City of Meridian.. ( August 6, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT August 10,2004 ITEM NO. q REQUEST Approve Amendments for 2004 Fiscal Year Budget AGENCY COMMENTS CITY CLERK~ CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. c CITY of MERIDIAN FY2004 BUDGET AMENDMENT PROPOSAL REVENUES FY2004 Orig i na I Budget FY2004 Amendment FY2004 Amended Budget GENERAL FUND Property Tax revenu e Other Sources Special Services - Community Planning & Deveropmen Park 1m pact revenues Fire Truck Fund revenues TOTAL GENERAL FUND REVENUES use of Park Impact fund balance use of Fire Truck fund balance use of General fund balance use of Special Service fund balance TOTAL GENERAL FUND APPROPRIATION CAPITAL IMPROVEMENT FUND TOTAL CAPITAL IMPROVEMENT FUND ENTERPRISE FUND Water & Wastewater revenues 12,843,314 560,000 13,403,314 use of Enterprise fund balance 14t756,448 (74,568) 14,681t880 TOTAL ENTERPRISE FUND 27,599,762 485,432 I 28,085,194 I ~~~~n~m ;.~~I~..I EXPENDITURES GENERAL FUND Personnel & Operating Administrative Offices Admin carry-forward appropriation Police Department Fire Department Parks Department Special Services - Community Planning & DeveJopmen TOTAL GENERAL FUND OPERATIONS Capital Outlay Admjnistrative Offices Police Department Pori ce carry-forward appropriation Fire Department Fire carry-forward appropriation Parks Department Parks carry-forward appropriation Special Services - Community PJanning & Developmen addition to Special Svc reserved fund balance add ilian to unreserved fund balance TOTAL GENERAL FUND CAPITAL OUTLAY TOTAL GENERAL FUND EXPENDITURES CAPITAL IMPROVEMENT FUND Personnel & Operating Administrative Offices Capita I Outlay Current Year Capital Expenditures addition to Reserved Fund Balance CAPITAL IMPROVEMENT FUND TOTAL EXPENDITURES ENTERPRISE FUND Perso n nel & Operating Water Department Wastewater Treatment prant TOTAL ENTERPRISE FUND OPERATIONS Capital Outlay 6.858,490 5,069,605 2}069t215 13,997 ,31 0 671,000 290,300 1 .638.892 16t597,502 SOt 000 Original Budget 1 .509,427 1 ,255,391 5t755,314 3t 119.546 795.667 1 ,826,419 141261,764 46,260 232.122 408 tBOO 39 t500 624J260 7 42,000 4,050 238,746 2f335.738 16,597,502 50tOOO 50,000 3,911 ,548 4 813 732 8, 725.280 (337 t 188) 1 t552tOOO 366J 000 1 0 t 000 1,590,812 I 1 .400 (10,000) 799 t 548 2,381,760 I 847,548 I 6,8581490 4.732i417 31621 ,215 366tOOO 1 0 000 15,588, 122 I 672,400 280,300 1 t638.892 799 548 18,979,262 I 897.548 I (200,596) 1 .308t831 - 1 ,255.391 76.493 51831 ,807 34,905 3J154.451 26. 162 821,829 542.065 2 368J484 479,029 14,740,793 (30.250) 16,01 0 - 232,122 - 27 t413 4361213 391500 75, 124 699t384 7 42,000 2,710 6,760 1 .806~ 77 4 2,045,520 20,961 20 961 1 ,902, 732 4,238.470 2,381 ~ 760 18,979,262 5 tOaD 5.000 50tOOO 842t 548 842,548 847,,548 897 ,548 288,775 4~200. 323 196,657 5 010 389 485.432 9,21 0, 712 Water Department 3,294.680 - 3,294,680 Water carry-fol\Vard appropriation 1 ,5661872 - 1 ,5661872 Wastewater Treatment Plant 11, 111 t 180 - 111 111 1 180 WWTP carry-forward approprjation 2,901 t750 - 2,9011750 addition to Enterprise fund balance - - TOTAL ENTERPRISE FUND CAPITAL OUTLAY 18,874t482 - 181874)482 TOTAL ENTERPRISE FUND EXPENDITURES 27,599t762 485,432 28,085,194 8/1 0/2004 AMENDMENT FY2004Budget Notice ( /~. ( CITY of MERIDIAN FY2004 BUDGET AMENDMENT PROPOSAL FY2004 REVENUES Original Budget Amendment FY2004 FY2004 Amended Budget GENERAL FUND Property Tax revenue Increase inspection revenue to coyer opticOlll purchases rccl~lsS llnpact rc\)cnuc to 07 frOJll 0 1 fee lass i [ltcrest rc\:-cn uc to 0 7 ~llld 08 fi}r rest rictcd fu Jtds 3JllClld f{)r VI:ST GrJllt rc\~enuc am end for FE MA grant for Fi re Prevention Safe House Other Sources increase BuHding residential permit revenue increase Bui Iding com m ercial permit revenue increase Plu m bing perm i t revenue increase Mechanica I permit rave nue increase E r ectrical permit revenue increase Fire I nspection revenue reclass interest to Capital Improvement Fund Special Services - Community Planning & Development reclass of impact revenue from General Fund reclass of interest revenue from General Fund Park Impact revenues reclass of interest reven ue from General Fund FireTruck Fund revenues TOTAL GENERAL FUND REVENUES 6,858,490 5,069,605 2J069,215 13,997,310 extra fund s needed to Purchase Borup property reel ass of interest revenue from General Fund use of Park Impact fund balance 671.000 reclass interest reven ue from General Fund which decreases the amt needed from fund ba lance use of FireTruck fund balance 290,300 use of General fund balance 1 ,638,892 transfer of Special Service FY03 fund balance to Capital Improvement Fund use of Special Service fund balance TOTAL GENERAL FUND APPROPRIATION 16,597,502 CAPITAL IMPROVEMENT FUND reclass of interest revenue from Special Services transfer of Special Service FY03 fund balance to Capital Improvement Fund TOTAL CAPITAL IMPROVEMENT FUND 50,000 ENTERPRISE FUND increase water meter reven ues increase Water Latecom er revenue increase WWTP Latecom er revenue Water & Wastewater revenues net change after increasing revenues and expenditures use of Enterprise fund balance TOTAL ENTERPRISE FUND 6,858.490 2,500 (350,000) (26tOOO) 6tS92 29~420 (337t 188) 4,732,417 1 ~OOOtOOO 150,000 200 ~ 000 100JOOO 1 00,000 50,000 (48,000) 1 ,552,000 3,621 ,215 350 t 000 16~OOO 366,000 366,000 101000 10,000 10tOOO 3,181,624 15,588,122 17 ,400 (16~OOO) 1,400 672,400 (10tOGO) (1 0,000) 280,300 1 ,638,892 799 ~ 548 799,548 799.548 4, 763,520 18,979,262 48 t 000 799 t548 847,548 897,548 60,000 250,000 250,000 12,843J314 560,000 13,403,314 (74,568) 14,756.448 (74,568) 14.681.880 27,599,762 410,864 28,085,194 ~TOTA::..:;i::~ ...-- 8/1 0/2004 AMENDMENT FY2004changes ( / \.,' . FY04 BUDGET AMENDMENT GENERAL FUND A DMINISTRA TION- PERSONNEL AND OPERA TlNG DEBIT CREDIT USE OF MERIT MONEY FOR MERIT Council Budget Personnel $215.710 USE FY04 MERIT MONEY FOR OTHER PURPOSES Mayor Operating Intern Operating $1,950 IT Intern Operating $1,000 Economic Dev Specialist Operating $2,615 HR Longevity Awards Operating $3,000 Mayor Office Unemployment Personnel $10JOOO Mayor Office File Management Serv Operating $2*000 Council Chamber Speaker Timer Operating $1,500 USE OF MERIT MONEY FOR MERIT Personnel $7) 105 PURCHASE MAYOR CAR Council Consulting Operating $14,750 Mayor Vehicle MainUFuel Operating $1.500 CllY CLERK WAGES TO CONTRACT LABOR FOR TEMP Salary Savings Personnel $41550 Contract Labor $4,550 MAYOR WAGES TO CONTRACT LABOR FOR TEMP Safary Savings Personnel $2~885 Contract Labor $2,885 PURCHASE PARKS SNOWPLOW Other Govern Build Ma int Operating $806 $38,105 $238.701 f -$200 .5961 ADMIN/STRA TION~ CAPITAL DUTLA Y Mayors Car Mayor Capital Outlay Capital Outlay $13J250 TRANSFER CENTENNIAL PARK PROJECT FROM ADMIN TO PARKS Capital Outfay $45t 000 ECONOMIC DEVELOPMENT SPECIALIST Capital Outlay $1 ~500 TOTAL $14~750 $45.000 I ~$30,250 1 POLICE w OPERA TlNG AND PERSONNEL AND OPERA TING USE OF MERIT MONEY FOR MERIT Personnel $62t339 BULLET PROOF VEST REPLACEMENT Operating $ 7 J 960 USE OF MERIT MONEY FOR OTHER PURPOSES J ntern $600 Unemployment $6,400 SHARE OF SNOW PLOW PURCHASE Operating $806 TOTAL $77J299 $806 J $76.4931 {-" \ ..... ....... . (- i. t..~ . SPECIAL SERVICES PERSONNEL AND OPERA TING INCREASE BUILDING INSPECTOR COST Mechanical J nspector Operating $50 ~OOO Electrical Inspector $60.000 Building rnspector $275,000 PJumbing Inspector $70JOOO Fire Inspector $50tOOO MOVE P/Z DIRECTOR FROM FY05 BUDGET REQUEST TO FY04 BUDGET Sarary and Benefits Personnel $161115 Operating Operating $1 J268 USE MERIT MONEY FOR ECONOMIC DEVELOPMENT CONTRACT Personnel $8~ 750 Operating $8t 750 P/Z TRAFFIC STUDY WITH ACHD Operating $30 tOOO Employee Education Reimbursement Operating $1 i 000 P/Z Intern Personnel $600 INTEREST REVENUE FROM 58 FUND TO CJP FUND Operating $11J919 TOTAL $562t 733 $20t6691 $542t064i 58 - CAPITAL OUTLA Y FY05 Planner Moved To FY04 Capital $2k 71 0 $217101 TRANSFER TO CAPITAL IMPROVEMENT FUND Anticipated Surplus in FY04 $1JOO7J226 FY03 End Barance Transfer $799J 548 $1J806,7741 $1 t806.774J CIP INVESTMENT ADVISOR FEE I nvestment Fees Operating $5tOOO $5.000 I FY03 TRANSFER IN FROM 58 FUND $799.548 $48tOOO $0 $847~5481 R$847,S48I ENTERPRISE FUND INCREASE BUDGET FOR NEW WATER METERS Cost to Buy Meters ...~. ... f}.. . \.. . INCREASE LATECOMER REVENUE AND LATECOMER EXPENSE MERIT MONEY NOT USED Operating Operating f:..:~.-... ~~,... ... $60~ 000 $500 ~OOO $3k750 S78t318 $78t318f" " $485*4321 $563~ 750 August 6,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT August 10,2004 ITEM NO. --10 REQUEST Approve 2005 Fiscal Year Tentative Budget AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: yY Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shaJl become property of the City of Meridian. r"" C CITY of MERIDIAN \ FY200S TENTATIVE BUDGET FY2003 FY2004 FY2005 Actual Budget Proposed REVENUES Reven ues Revenues Revenues GENERAL FUND Property Tax revenue 61091 , 150 6~85B~490 7,756t619 Other Sources 4,501 t 116 5.069.605 5~548,664 Special Services - Community Planning & Development 2,464J537 2~O691215 2,460t800 Park Impact revenues 658J117 713tOOO FireTruck Fund revenue 25 028 4000 GENERAL FUND REVENUES 13,739.948 13,997,310 161483,083 use of Park Impact Fund Balance 126,690 6711000 53~300 use of Park Impact Fund balance for carryforward 720tOOO use of FireTruck Fund balance 126.112 290 t300 use of General Fund balance 1 861000 use of General Fund balance for carryforward 1 638 892 1 624 393 TOTAL GENERAL FUND 131992,749 16,597,502 19,066.776 CAPITAL IMPROVEMENT FUND TOTAL CAPJTAllMPROVEMENT FUND 645,41 0 50,000 79.800 ENTERPRISE FUND Water & Wastewater revenues 13~322~911 12tB43.314 15t 153t484 use of Enterprise Fund balance 13,768t294 use of Enterprise Fund balance for carryforward 14 756 448 12 660 820 TOTAL ENTERPRISE FUND 13,322,911 27,599.762 41;582,598 Actual Budget Proposed EXPENDITURES Expend itures Expenditu res Expenditures GENERAL FUND Personnel & Operati ng Administrative Offices 1 .694.370 1 t509 ~427 1 ,372t855 Adm in carry...foMard appropriation 1 t255.391 1 t3341393 Police Department 4t619,621 5~ 755,314 613321012 Fire Department 2.255,326 3,119.546 3,288.294 Parks Department 641 ,233 795~667 916~397 Spe_cial Services - Community Planning & Development 1 647 121 1 826 419 2 309 207 TOT AL GENERAL FUND OPERA liONS 10.857,671 14,2611 764 15t553.158 Capital Outlay Administrative Offices 14~842 461260 5t46O Police Department 2741952 2321 122 312t045 Police carry..forward appropriation - Fire Department 208.426 40Bt800 1 t 135.330 Fire carry-forward appropriation 39t5OO - Parks Department 8131572 624.260 893,300 Parks carry~forward appropriation 742,000 1 ,01 O~OOO Special Services.. Community Pfanni ng & Development 17 t869 4 J050 73.61 0 addition to Spec Svc reserved fund balance 799~547 238,746 771983 addition to unreserved fund balance 11005,870 5.890 TOTAL GENERAL FUND CAPITAL OUTLAY 3.135.078 2,335. 738 31513,618 TOTAL GENERAL FUND EXPENDITU RES 13.992,749 16.5971502 19,066. n7 CAPITAL IMPROVEMENT FUND Person nel & Operating Administrative Offices 5.000 Capital Outlay Administrative & Parks 180t304 50,000 74,800 Addition to Reserved Fund Balance 465t 1 06 CAPITAL IMPROVEMENT FUND TOTAL EXPENDITURES 645;410 50,000 79.800 ENTERPRISE FUND Personnel & Operating Water Department 3~233.889 3t911 .548 4,755,645 Waler carry-forvvard appropriation 125,000 Wastewater Treatment Plant 4.305tS03 4,813.732 5,256,373 WWTP carrv~folW8rd appropriation 47 000 TOTAL ENTERPRISE FUND OPERATIONS 7 ;539,392 8,725t280 10.184,018 Capital Outlay Water Department 1 ~ 192t595 3t294.680 4t393t620 Water carry-folWard appropriation 1 t566.872 3t330t820 Wastewater Treatment Plant 31190t690 11 ~ 111 t 180 14,516t 140 WWTP carry...foMard appropriation 2~901 J750 9, 158~OOO Enterprise addition to Fund Balance 1 400 234 ..... TOTAL ENTERPRISE FUND CAPITAL OUTLAY 5.783,518 18,874,482 311398t580 TOTAL ENTERPRISE FUND EXPENDITURES 13.322,911 27,599,762 41,582,598 :::l~~:~1::~::(~;::~::::\::::~:!:2:471~2&:i~; ~:ti[~':,Iit:::ij':'~?tn)I729~~:1:'74:r II 8/1012004 FY05 hearing notice August 6,2004 MERIDIAN CITY COUNCIL MEETING August 1 0, 2004 APPLICANT Confluence Management, LLC ITEM NO. AZ 04-010 \9 REQUEST Ordinance - Request for Annexation and Zoning of 4.10 acres from RUT to L-O zones for proposed Brockton Subdivision - 3665 North Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: Contacted: Emailed: Date: Staff Initials: Phone: MaterIals presented at public meetings shall become property of the City of MeridIan. (: ... I \,. 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~ 04- I (J q +- , passed by tIle City Council of the City of Meridian., on the I 0 1); day of / .f . , 2004, is a true and correct copy of the original of said document which is in the care, stody and control qfth6IQit}';..!tl k f 1 C.. fM "d" \\\ ~.... ~ ~r- .// Cler 0 t le Ity 0 efl Ian.. ,,\\ ~J Or ~\A.t:.:l;:{}" ////,.. ~....' .~,. _ f~ ~ ......' 0' ,.. <. P 0 t:t ~ , ,1;.,.. '- u~ .. f ~ /:. ~ .2 ,c, . <-'0 ~ ~ ~ ~ ~ ~ ~ ~ - Q~~~ .~~ I u ,........ ~ ...... ~......1 -.:J' c') ~ .r &: D.... ~ Q, ,C!i o-f ~"o Var 1 s\ t ~ $' ........ :..,(! of) ~ ,v ////'IIJ;OUN1'l · \\\\\,',...... STATE OF IDAHO, ) II.... i;. i ~ \ii\\\' : SS~ County of Ada, ) On this lot"" day of {tlAgusl- , in the year ~OOt{ , before me, cJCtt\.~c.e. L ~ S~~:...\-'" () , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified. to me to be tIle City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the saIne 011 behalf of the City of Meridian. (SEAL) ...,s .'.."'" ,.. """" ~..' :\,C'E. L. 8 A_ ##.- ,..~ ~ ..... .0. c ".[../" ')... #'" ~ ''''',,_ o. ~~"# .. , 00 ~ ~ . ~ : i ~OTAJ(}--. ~ -: . ~ G . : * : -... : * E - e . . \ \ ~lJBL\C I i ~ ..^ &I -. ~ v)> ... .. (.) i' ~#..# ~ l'. ......... ~~ ."",.. 4'(1+. 1i 0 F l\) ,~" 'if.."'......... ." ~,\,~"1. Co Z:\ Work\M\Meridian\MeridiaJl I 5360M'Brockton Subdivision AZ..04-O I 0 PP-Q4-Q] 3 CUP-Q4-Q 12\CcrtificatioJ10fClerkOrdrdoc CERTI.FICA TION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-04-0 1 0 ('.~...~. (.. WHITE PETERSON ATTO.RNEYS AT LAW KEV IN D IN [US JULlE KLE1N fiSCHER CHRISTOPHER D4 GABBERT WM. F. GlGRAY! III T. GUVHALL\M.. JILL s. I~IOl.[NKA JOHN R. KORMAN1K * WlLLIA~{ A. MORRO\V WJLL.IAl\{ F. NICHOLS .. CANYON PARK A.r .rJ~E IDAHO CENTER 5700 E. FRANKLIN RD." SUJTE 200 NAMPA~ IDAHO 83687..790 I TEL (208) 466-9272 FAX (208) 4664405 C!-IR1STO P~I ER S.. NY E PH lLl P A4 P EYERS ON l~ODD A~ ROSSMAN TERRENCE R. WHlTE *** * Also adlnitted ill CA .* Also adlnitted ill OR ... Also adlnitted ill W A July 21, 2004 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idall0 83642 Re: Ordinance No. 04- I {J q ~ , (Herbert C. and Cynthia A. Lee) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office 11as prepared a sununarizatiol1 of the ordinance providing for all mmexation and Z0ni11g ordinance for Herbert C. and Cynthia A~ Lee, pursuant to the City's action. I do hereby advise tIle City, and make this statelnent, tllat said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. Y au are hereby directed to file this statement with the ordinance, pursuant to the provisions of Idaho Code S 50-901(A). Enclosure Z:\Work\M\Meridian\Meridian I 5360M'Brockton Subdivision AZ-04-010 PP-04..()13 CUP-04-012\Berg SUIn Ord Ur 07 21 04.dcc c.. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 04- PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land owned by Herbert C. and Cynthia A. Lee, to be known as Brockton Subdivision, consisting of 4.1 0 acres and COlTI1TIOnly located on the west side of Locust Grove Road, approxitnately Y4 of a mile north of Us tick Road, within Section 31, Township 4 North, Range 1 East, Meridian, Idaho, more palticularly described as follows: Lee:al Description A parcel of land located in the Northeast Y4 of the Southeast 1;4 of Section 31, T.4N., R. IE., B.M., Ada County, Id.aho, more particularly described as follows: Commencil1g at the Southeast corner of said. Section 31, from Wl1ich the ~ corl1er common to Section 32 and the said Section 31 bears North 00031 '06" East, 2658.96 feet; Thence North 00031 '06" East, 1329.48 feet to the Soutlll/16 corner, the REAL POINT OF BEGINNING. Thence North 89046'28" West, 353.93 feet Thence North OQ029'49"East, 500.70 feet to a point on the East boundary of Quenzer Conunons Subdivision No.1, as same is recorded in Book 85 of Plats at page 9511, records of Ada County, Idaho; Thence North 89005' 19" East, 354.22 feet to a point on the east line of said Northeast Y4 of the Southeast ~; Thence South 00031 '06" West along said east line, 507.73 feet to the Point of Beginning. Containing 4.1 0 acres, ITIOre or less. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idall0~ This ordinance shall become effective on the IOIE day of I- , 2Q,Ot~.p, 1!: ~:".f! ~fr 1 y of Meridian \ ,~ Mayor and City Council ~:=~J-..',:: ;~\~I~ I ~ By: William G. Berg, Jr., City Cler~ 7c;; LV::: ~ Q.I ~ -"\ 0 ~ ~.-,O VSr 1S\ 11 ~', ~ First Reading: 5 -,I ~P4- ~1-~/ ~ a ~~:~..'"," Adopted after first reading by suspensioi{/gt~~t~l~\'r:~g\allOwed pursuant to Idaho Code 50-902: YES ((' NO Second Reading: Third Reading: .",---- Z:\ Work\M\Meridian\McridiaJl I 5360M\Brockton SubdivisiO[l AZ-04-0 I 0 I)P-Q4-Q 13 CUP-04-Q 12\SUMANNEXZONGORD.doc ~ ADA COUNTY RECORDER J~ DAVID NAVARRO BOISE IDAHO 08/20/04 Ot34 PM DEPUTY Joanne Hooper RECORDED - REQUEST OF MERIAN CITY A MOUNT .00 6 1111111111111111111111111111111111111 1041074137 CITY OF MERIDIAN ORDINANCE NO. 04- I tJ q ~ AN ORDINANCE FINDING THAT, HERBERT C. AND CYNTHIA A. LEE, THE OWNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF LOCUST GROVE ROAD, APPROXIMATELY Y4 OF A MILE NORTH OF USTICK ROAD, WITHIN SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO, TO BE KNOWN AS BROCKTON SUBDIVISION AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; HA VE MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LIMITED OFFICE DISTRICT (L-O); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A P ART 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 1~O 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 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 followlllg described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a writtel1 request for annexation to the City of Meridian, Id.aho, by the owners of said Property, to-wit: LEGAL DESCRIPTION A parcel oflaJ.ld located in the Northeast 'l4 of the Southeast ~ of Section 31, T~4N~, R. IE., B.M., Ada County, Idaho, more particularly described as follows; ANNEXATION AND ZONING ORDINANCE (AZ-04-010) - 1 ( .(:~ ( Commencing at the Southeast corner of said Sectiol1 31, from which the ~ corner common to Section 32 and the said Section 31 bears North 00031 '06" East, 2658.96 feet; Thence North 00031 '06" East, 1329.48 feet to the Soutl11/16 corner, the REAL POINT OF BEGINNING. Thence North 89046'28" West, 353.93 feet Thence North OQo29'49"East, 500.70 feet to a point on the East boundary of Quenzer Commons Subdivision No.1, as same is recorded in Book 85 of Plats at page 9511, records of Ada County, Idaho; Thence N Ortll 89005' 19" East, 354.22 feet to a point on the east line of said Northeast ~ of the Southeast ~; Thence Soutll 00031 ' 06" West along said east line, 507. 73 feet to the Point of Beginning. Containing 4.10 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of tIle City of Meridiall, Ada COUl1ty, Idaho. SECTION 3: Tllat the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Limited Office District (L-O)~ SECTION 4: That tIle City Engineer is hereby directed to alter all use 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: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and. effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following the days following the effective date of tllis ordillance, duly file a certified copy of this ordinance and a map ANNEXATION AND ZONING ORDIN.ANCE (AZ-04-010) - 2 ( /"". (., 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 oflda110, 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 ~50-223~ PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this J , 2004. / ()~ day of ~ OVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this I tJ ~ day of F .J- , 2004. \ \\tlUII II \\\\\\Ot::. 't:.A~ II{/I~ ..... .... '\ _ t "I · l..,- Dx · 11'..... v ~'""\ ~1./~ ........ A TTES T: $' (j~~ ;?~?OR~ ~ r/ ~;. '" 00 rct"o ~ ~ ~ ::-~ ~ ~ .... .....- :: SEAL :: " f:'J ~.~ - O)'~ ~ Qu "~9 g ~ rsr 1 si ~ ~~..~.. ~/ ~ ~"\ ,.....,.... ///.11 COU'h~l.'!. \\\' III , · ~ \ \\ First Reading: g ~ I ~() 4- 'o-,_",.~ "~". ~\,\\ Adopted after first readil1g by suspension of the Rule as allowed. pursuant to Ida110 Code 50- 902 Yes: X- No: Second Reading: --- Third Reading: --- ANNEXATION AND ZONING ORDINANCE (AZ-04-010) - 3 ( ('. STATE OF IDAHO,) : SSa County of Ada ) ~ Irfb\ On this I u day of ,2004, before me, the undersigned, a Notary Public in and for said State, personally peared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, IdallO, and who executed tIle within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have llereunto set my lland and affixed my official seal the day and year first above written. "",". ..":1..,1. ~,~ '( CE L ......., ..' :t\ ). · 3 A..... 4f~ .."fIf ,~ ........... "I7~ ~ :: o. -.. :.;. \. : I t\OTAh ..~ 'S. - '* . ...'( L ~ .. : 0 ~ 0 : . It ~e-.. c . = \-P :*: ~ ~ C/BLIC'po S \ :,>.. eo. , $ "'*."1;-.;.......... ~O ~~ lI#,.".. OF 11> pr. I-'~" :,-,....1. '.11'." Z:\ Work\M\Meridian\Meridian 15360M'Brockton SlJbdivisioll AZM04-Q 1 0 PPwQ4..0 13 CUP-04~O 12\1\ZOrd.doc (SEAL) ANNEXATION AN.O ZONING ORDIN.ANCE (AZ-04-010) - 4 :' ,! \.:. .. ~.t f:' .:/':''-Y"h.. Y. i...,......: :: .:. . : N 8W05'19- E 354.22' : / /777/777/77 77/ /1 v/~/~/~//~////> A ~v~/~/~//~///~/~~~ ~//~/~//~///~////y~ ~E~~/~//~///~/~/1 /1~< ~s ~/: ////~/~/~/_ i ~. ~/ /:://///~/~//./~.~ //-// // // // / ~~ 0 ./. // ///~/~/~/~/ a: : /~/~/~/~/~ ~~ ~ V /~/~/~/~/~/~v . (.? ~. ~/~/~/~/~/~/I I ~ /~/~/~/~/~//;~ 9 ~ ~ ~ -~~--~.~ ~~-~. / . ./ / //J.LL. U ~ ./ /~ /1 Z ./' i\iJA (~C)(j!\fTY N .46'28- W · 353.93' ~ REAL POINT ~ ~ OF B~GINNING < .~ ::J~ c....... (~I <: ~~( ~~ (::1 a -q: cc I ~~ ~I ci N ~. 31 2 6 5 - ~r-d,yt,~ P /1---/ {)? SCALE 1.=100' DWG.DATE 03/22/04 bkb PROJ. NO. 401 06 SHEET BROCKTON SUBDIVISION PROPOSED ANNEXATION WGINEERING OLUTIONSLlP 1 OF 1 LOCATED IN THE NE 1/4 OF THE SE 1/4 SECTION 31. T.4N., R.E., S.M. MERIDIAN, ADA COUNTYt IDAHO 150 E. AIKENS STREETt SUITE B EAGLE, IDAHO 8361 6 Phone (208) 938-0980 FOX (208) 938-0941 401 06-ANX. DWG (.. ..: .... . .......... .. ......SEP.2.2..2004.......... .......... BEFORE THE MERIDIAN CITy.........:: .:.: ::......:.:.::.::.::...::.........Clty.Clerk. Office. ... ...... .....: ...... ...... IN THE MATTER OF THE APPLICATION OF AUTUMN FAIRE, LLC FOR APPROVAL OF 30 SINGLE-FAMILY RESID ENTIAL BUILDING LOTS AN:O 5 COMMON LOTS ON 16.4 ACRES IN AN R-4 ZONE LOCATED SOUTH OF WEST USTICK ROAD AND WEST OF NORTH BLACK CA T ROAD IN A PART OF THE NE .~ OF T:HE T.3N., R.IW., SECTION 4 ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter co.ming .before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on August 10,2004, and the Council finding that th.e Administrative Review is complete from So.nya Allen, Assistant City Planner for the Planning and Zoning Department, and John Boyd, Engin.eering Tec.hnician II for the Public Works Department, dated: Hearing Date: August 10, 2004, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING TRICIA'S CROSSING SUBDNISION LOCATED IN A PART OF THE NE ~ OF THE T.3N., R.l W., SECTION 4, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004, MY0802002.DWG ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AUTUMN F A IRE CROSSING SUBDIVISION/ (FP-04-038) page 1 of5 05/05/04, SHEET 1 OF 2, HANDWRITTEN DATE: OS/27 /04, EARL, MASON, AND STANFIELD", AUTUMN FAIR.E, LLC, Develo.per, is Conditionally Approved subject to those conditions of Staff comme.nts as set forth in tIle Memorandum to the Mayor and City Council from Sonya Allen Assistant City Planner for the Planning and Zoning Department and John Boyd, Engineering Technician II for tIle Pu.blic Works Department, dated: Hearing Date: August 10, 2004, listing 21 SITE SPECIFIC REQUIREMENTS/FINAL P.LA T and 8 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the comments from the Meridian Fire D~partment, a true and correct copy of whicl1 is attached 11ereto marked Exhibit "B" and co.nsisting of 2 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council ta.ken at their August 1. 0, 2004 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the ap.propriate entities are submitted, they can approve this proposal for central sewage and central water; that plans .must .be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and ce.ntral water; that run-offis not to create a mosquito breeding .problem; and it is suggested that the stormwater be pretreated thro.ugh a grassy swale prior to discharge to the subsurface to prevent im.pact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AUTUMN F AIRE CROSSING SUBDIVISION/ (FP-04-038) page 2 of5 (" disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environme.ntal Quality, July 1997. 2. Stormwater Best Management .Practices Guidebook~ Prepared by City of Boise Public Warks Department, May 2000~ 1 ~2 Ad.opt the recommendation of the Settlers Irrigation District as follows: All irrigation/drainage facilities along with tl1eir easements must .be protected and continue to function. The facility is the Johnson Lateral #65. A Land Use Change Application must be on file prior to any ap.provals~ A license agreelne.nt MUST be signed and recorded prior to construction of any S.I.D. facilities. Any changes to the existing irrigation system such as relocation, tiling, and. landscaping must he ap.proved by Settlers Irrigation District. All Storm drainage must be retained on-site. 2. The final plat upon which there is contained the Certificatio.n and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City E.ngineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing tIle completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS ORDE.R OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AUTUMN FAIRE CROSSING SUBDMSION/ (FP-04-038) page 3 of5 (" ~.~.~...~. . (.. . The Applicant is hereby.notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not lTIOre than twenty-eight (28) days after the final decision concerning the matter at issue~ A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final actio.n of the governin.g body of the City of Meridian, .pursuant to Idallo Code ~ 67-6521. An affected :perso.n being a person who has an interest .in real property which may be adversely affected by thi s decision may, within twenty-eight (28) days after tIle date of this decision and order, seek a judicial revi ew as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the _\ ()~ day of A 2004~ Attest: \\\lUlI IHI1/11 \\\\ f~" 11'1 ~'\..f 0 IiW~/" 1//.1 ,\;. ~ ~ V.ld J"l"' ~... c} ~()b ~ - 11; ~ ~ GO -.Vi~ ~ ~ ~ 0 ~ ~ ~ = = SEAL ~u. # f ~ ~ .-4}.t- "0 ... ~ <" -<ij 1 $1 ' ~ $' ~,. ~ (:) tf- . ", "".1'.1'.1 .CoUNT'! f \ " ~' 1"1"1// L. \\,\\ I~~n~n In\\\' ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AUTUMN FAlRE CROSSING SUBDIVISION/ (FP-04-038) page 4 Of 5 /"(....."~ " t..: r"-:--"" " (: . Copy served upon Applicant, the Planning and Zoning De.partment, Pu.blic Warks Department, and City Attorney. By: City Clerk's Office Dated; q .. 24 .. 04 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AUTUMN FAIRE CROSSING SUBDIVISION/ (FP-04-038) page 5 of5 ( . oJ J" MAYOR Tammy de Weerd Ian ./z.p 11 I ID/\HO lY ~y LEGAL DEPARTMENT (208) 466-9272 0 Fax 466-4405 PUBLIC WORKS BUtLDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONrNG DEPARTMENT (208) 884-5533 · FAX 888-6854 CJTY COUNCIL MEMBERS Keith Bird WUliam L.M. Nary Shaun Wa rdle Cha rr es M. Rountree STAFF REPORT: Hearing Date: July 6, 2004 To: Mayor and City Council (ill Sonya Allen, Assistant City Planner 0 John Boyd, Engineerin.g Tech~ II ?)i!6 Tricia's Crossing Subdivision (FKA Autttmn Faire Crossing Subdivision) From: Re: Final Plat approval of Thirty (30) Single-Family Residential Building Lots and Five (5) Common Lots on 16.4 Acres in an R-4 Zone, by Conger Management Group (File No. FP-04-038)~ We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Conger Management Group, has applied for Final Plat approval of 30 single- family residential building lots and 5 common lots on 16~4 acres of land for Tricia's Crossing Suhdivision~ The zoning designation for the proposed subdivision is R-4 (Low Density Residential). This subdivision will l1ave a gross density of 1.83 d..u~/acre~ Tricia's Crossing Subdivision is located ap.proximately ~ mile south of w~ Ustick Road and ~ mile west ofN. Black Cat Road, in the NE ~ of Section 4, T~3N~, R.IW. The common area lots within the subdivision consist of landscape, open space, drainage, and :pathway lots. The pressurized irrigation system within this development is to be owned an.d. maintained by the N amp a Meridian Irrigation District. The submitted final plat substantially complies with the approved preliminary plat. The approved preliminary plat shows two stub streets to the south, two lot widths apart, which were originally intended to connect to a subdivisio.n that was in process at the same time but denied. Since the subdivision to the south was never approved, there is no reason for the two stubs to remain, thus the applicant l1as revised the plat to show only one stub. Staffhas no objection to tllis change~ Staff recommends approval of the final plat with the co:mments and conditions stated in this report. FP-04-038 Exhibit "A~~ Tricias crOSSing Sub.FPodoc ( ( Mayor & City Council Hearing Date: July 6,2004 Page 2 SITE SPECIFIC COMMENTS / FINAL PLAT 1. Applicant is to meet all terms of the ap.proved developme.nt agreement (Inst. No. 101092115) and preliminary plat (PP-OO-023). 2. Fencing must be in compliance with MCC 12-4-1 O~ 3 · The landscape plan shall be revised as follows; a. Include landscaping in compliance witll MCC 12-13 for Lot 6, Block 4. Also show contours for the drainage swale on this lot. Swale must be in compliance with MCC 12-13-14. 4. TIle ap.plicant has indicated that Nampa/Meridian Irrigation District will own and maintain the pressure irrigation system within this develop.ment. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required.. If a single-.point connection is utilized, the developer shall .be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 5. Street signs are to be in place, water system sllall be ~p.proved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including perimeter fencing, irrigation, and. landscaping shall be installed and approved. prior to obtaining certificates of occupancy. A letter of credit or cash surety in tIle amount of 11 0% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc., prior to signature on the final plat 5. Municipal water service to this site shall be via main line extensions froIn mains installed adjacent to the :property. Applicant will be responsible to construct the water mains to and through this proposed develo.pment, thereby making them available to adjacent properties. Subdivision. designer to coordinate main sizing and routi.ng with the Public Works Department. Applicant shall execute City of Meridian standard fo.rms of easements, for any mains that are required to provide service. 6. Sanitary sewer service to this development will be via a temporary lift station. The applicant .must execute a lift station operations and maintenance agreement prior to final plat signature. Applicant will be respo.nsible to construct lateral sewer mains to and through this proposed development Subdivision designer to coordinate main sizing and routing with the Public Works Department. 7. Applicant shall be required to pay Public WO.l~ks development plan review, and construction inspection fees, as determined. during the plan review process, prior to signature on the final plat :per .Resolution 02-374. FP-04-038 Exhibit "A~~ Tricias crOSSing Sub.FP.doc ( (:~.... : Mayor & City Council Hearing Date: July 6, 2004 Page 3 8. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed. 24 hours for all storms up to and including a 1 aD-year storm event. 9. Ap.plicant shall submit a License Agreement with NMID for the encroachment of the Safford Lateral and Sky .Pilot Drain prior to th.e City Council meeting. 10. Applicant shall submit a FINAL street name approval letter from the Ada County Street Name Committee prior to signature on the final :plat by tIle Meridian City Engineer. 11~ The island at tIle entryway to the subdivision on N. Dayside Ave. does not show a lot or block num.ber associated with it. Please .provid.e this information. 12. Sign the Certificate of Owners and. notarize the accom.panying Acknowledgment (S.heet 2 of the final plat). 13. Ad.d or revise the following notes on the face of tIle plat: a. Notes #4 and #14 refer to the same Idaho Code~ Please delete one of them and renumber the notes accordingly. b~ Note #11: Please add the recorded instrument number for the license agreelnent on the Sky Pilot Drain. c. Note #12: Please add the recorded instrum.ent number for the license agreement on the Safford Lateral 14. Public Rights-of-Way easement dimensio.ns are not indicated on the plat~ Please dimension the easements or ad.d a note addressing this. 15. Side lot line easement dimensions are not indicated. on the plat Please dimension the easements or add a note addressing this. Please add, "unless otherwise dimensio.ned" on your callouts for these easements. 169 Please increase the width of the Public Utilities, Drainage and Irrigation Easement to (24') twe.nty four-feet across the southerly .boundary (also the subdivision boundary) of Lots 1-4, Block 2 and Lot 1, Block 3. This area has pressurized irrigation transmission mains within it. 179 Please increase the width of the Public Utilities, Drainage and Irrigation Easement to (23') twenty three-feet across the nOltheasterly boundaries (also the subdivision boundary) of Lots 2-7, Block 1. This area has pressurized irrigation transmission mains within it. 18~ Provide an easement adequate to cover the pressurized irrigation and gravity irrigation transmission mains that are to be constructed at an angle in the southwesterly corn.er of Lot 5, Block 2. FP-04-038 Exhibit "A" Tricias crOSSing Sub.FP.doc Mayor & City Council Hearing Date: July 6, 2004 Page 4 (...... ... 1"" t, 19. Please increase the width of the Public Utilities, Drainage and Inigation Easement to (8') eight feet across the westerly side of Lot 4, Block 2. This area has a gravity irrigation transmission main within it 20~ Please increase the width of the Public Utilities, Drainage and Irrigation Easement to (8') eight feet across the southwesterly side of Lot 9, Block 2. This area has a pressurized irrigation transmission main within it. 21. Staff s failure to cite specific ordinance provisions, or terms of the approved preliminary plat does not relieve the Applicant of respo.nsibility for compliance. GENERAL REQUIREMENTS 1. Any tree over 4" in caliper that is removed frO.ffi the property shall be replaced by installing additional trees) being the equivalent number of caliper inches of trees that were removed~ Required landscaping trees will not be considered as replacement trees for those trees that have to .be removed. 2. AI} irrigation ditclles, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjace.nt and contigu.ous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be ~.pproved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to tIle Public Works Department. If lateral users association approval ca.n't be obtained, plans will be reviewed and ap.proved by the Meridian City Engineer prior to final plat signature 3. Any existing domestic wells and/or septic systems within t]lis project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8~ Wells may be .used for non-domestic purposes such as landsc~pe irrigation. 4. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Publi.c Works Department All streetlights shall be installed at subdivider's ex.pense. Typical Iocatio.ns are at street intersections and/or fire hydrants~ Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public .Works Department prior commencing installations~ 5. Compaction test results must be su.bmitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill :materiaL 6~ Applicant's engineer will be required to submit a signed, stalnped statement certifying tl1at all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. FP -04-038 Exhibit "A~~ Tricias crOSSing Sub.FP .doc (. Mayor & City Council Hearing Date: July 6, 2004 Page 5 7. Coordinate fire hydrant placement with the City of Meridian Pu.blic Works Department 8. Developer shall coordinate mailbox locations with the Meridian Post Office. STAFF RECOMM.ENDA TION Staffrecom.mends approval of tIle final plat with the a.bove stated comments and. conditions. FP -04-038 EXJlibit '~A" Tricias crOSSing SuboFPodoc ~ ~'r~~\ \f \ t \: DE \\/ EE.ft. () ('fHJNf II. ~f E~> t BE RS \ \/ J t ll.~~~1 l.~ ~ i\1 ~ N .\R ,. K E l'fI f B J f< i) C i-L\IU J F ~ I. RCl{)Nl R r [. Sn.\UN \V AHDLE ( RI ~RAJ. FIRF ('OMl\HS~!ON9.RS RI( :I-L~RD GftEENr "rf~~f~r\ \~ l [1(1 J f"[ {)N .A.. '.,. C <.- F~~1:.~~}~i~~ ( . h t .. i~ f../<<w-. .._~--Jt, e 1.'1d,a-ll.. .. . ~!(; ~. ~ KEN \\! ~ B()\\( [I{~ Drill ll'l CHIEF - FIRE PRE v fl'.f"1 [0\ J ()S r. r~ II S J ( . \: :\ DFP! rfY CI-JU~F - TRAfNr\:q BJI.l. JfJlfNS()N 5,,10 East Franklin Ruad ~Jeridian. 10 f\3642 (2(JS) 888~ 12 3~J Fn\ (208) 895-0390 ,~ .~ 'f"" ~ t (. ~ t-..,. l' l' ~... ......~ r.;IERI DI 111:-J C.rT~{ / RU.HAL FI HE DEPAR:CrilEt'.IT '. . ..: . .' . .' '.' '. ......... ~. . .. ....:..... '. ~ "": .' . . . .... . . .' .' .'. '. '.' '. . .' .' .' . . . . .' . . .: ..... .: . . .:. . '.. ~ . . .' . . .. ". . ..:.... June 21, 2003 "f"~.'? .~l'<.~~~ . ./. ](~(:;; .'l. . '\JT l.:.;j"'.:' ,.~.. .'.J TO: Mayor De \Veerd & Meridian City Council .H.J f\J .2 3 2"004. FROM: Joseph Silva, .Deputy Chief: Fire Prevention ~. ... ~ ).. \:" (.} f .\/i.c; ') d ~ .> . ~.....' ~ t. \.' {" ~ ~ f . (' k (") r '"1.1 ~ ..:. SUBJEC~r: Autunul Faire Crossing FP 04-038 TIle following will be the requirenlcnts and/or concerns to .provide minimum levels of fire protection for the proposed project l~ One and two faluily dwellings \vill require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix .D 2. Acceptance of the \vater supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shan be by the Meridian Fire .Department a~ Fire Hydrants shall have the 4 ~') outlet face the Inain street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant nlarkcrs shaH .be provided per Public Works spec~ d. Locations \v-ith fire hydrants shall have the curb painted red 1 0' to each side of the hydrant location. c. Fire I-Iydrants shall be placed on corners~ [ Fire hydrants sllall not have any vertical obstructions to outlets within I 0'. 4~ The phasing plan may require that any road\vay greater than 150' in length that is not provided with an outlet shall be required to have an turn-around. 5. All entrance atld internal roads sha"ll have a turning radius of28' inside radius and 48 'outside radius. f:xhlbil ttB~ (~.~.... (..::.. . 6~ Operational fire hydrants and tClnporary or pennanent street signs are required before cOInbuslibJe construction begins. 7~ To increase emergency access to the site a minimum oft\vo points of access wilJ be required for any portion of the project, which serves more than 50 homes. TIle applicant shall .provide a stub street to the property to the (\vestleastlnorthlsouth). The 1:\vo entrances shall be separated by no less than ~ the diagonal measurement of the project 8. All portions of the buildings located on tius project must be \vithin 150' of a paved surface as Jneasured around the perimeter of the building. f.~~xllil)il t_1 ~ f. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08/1 0104 IN THE MATTER OF THE REQUEST ) FOR CONDITIONAL USE PERMIT ) APPROVAL FOR A SINGLE FAMILY ) RESIDENTIAL AND O.F.FICE USES ) IN A PROPOSED R-8 ZONE FOR ) SECRET GARDEN SUBDIVISION ) ) ) Case No. CUP-04-022 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PINNACLE ENGINEERS, INC., Applicant The above entitled conditional use .permit applicatio.n l1aving corne before the City Council on August 10,2004, at the hour of7:00 :p.ill.., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and AlUla Canning and Chris Hobbs, appeared and testified, and the City Council having duly considered the evidence and tIle record in this matter and the Recom.mendations to City Council issued by the Planning and Zoning Commission who cond.u.cted 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 followin.g Findings of Fact, Conclusions of .Law and. Decision and Order to-wit: FINDINGS OF FACT 1. The property is approximately 1.11 acres in size and is located at the half mile between Fairview Avenue and U stick Road on the east side of .Locust Grove Road, within Section 5, Tow.nship 3 North, Range 1 East. 2. Oliver Cleaver and Debbie A. Cleaver are the current property owners and Oliver Cleaver has provided notarized conse.nt for the subject application. 39 T.he Applicant is Pinnacle Engineers, Inc. 4. The subject property is currently zoned R-8 and contains an existing residence and au t bui I dings. FIN.DINGS OF FACT AND CONCLUSIONS OF LAW AND DEeIS.ION AND ORDER GRANTING COND:lTIONAL USE PERMIT SECRET GARDEN SUBDIVISION; CASE NO. CUP-04-022 PAGE 1 OF 7 5~ The Applicant requests the property be zoned L-O (0.21 acres) and R-8 (0.89 acres), which is existing~ 6. The property which is the subject of this application is within the Area ofhn.pact of the City of Meridian. 7. The Applicant requests the Conditional Use Permit for a Planned Development consisting of one office building and six ( 6) single-family tow.nhomes. The Planned Residential Development designatio.n 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 Planning and Zoning Commissio.n recognizes that the :proposed. application is in compliance with the Meridian Comprehensive Plan~ 9. The use proposed which is the subject of this will, in fact, constitute a conditional use as determined by City policy. The City Council of the City of Meridian hereby approves tIle requested Conditional Use Permit as req.uested by the Applicant for the property described in the applicatio.n, subject to the following: A. Adopt the Conditions and Recomnlendations of the Meridian Planning & Zoning and Public Works Departments, as follows: 1 ~ Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. The application is approved for tIle following deviations from tIle Zoning and Subdivision Ordinance: Lot Size- City R -8 Requirement 4,000 sq.ft (attached). Red.ueed Lot Sizes 3,946 sq. ft. (attached) Lot Frontage- City R-8 Requirement 40'minimum Reduced Frontage 31' minimum Private Streets- City Width Requirement 24' minimum. width; sidewalks on both sides Reduced Private Street Standards 20' minimum width (in hammerl1ead); sidewalks on D.ne side (no s/w in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SECRET GARDEN SUBDIVISION; CASE NO. CUP-04-022 PAGE20F7 f"~. ( c. ... hammerhead) 3. All development shall com:ply with the Americans with Disabilities Act and the Fair Housing Act. 4. No .building permits for new construction s.halI be issued within the develo.pment until a Final Plat has .been record.ed for the subdivision. B. Adopt the R.ecommendations of the Meridian Parks Department as follows: 1. Standard for Mitigation of trees: TIle standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Constru.ction: The standard established in the City of Meridian :Landscape Ordinance will be followed. C. Adopt the Recommendations of Nampa Meridian Irrigation District as follows: 1. If any surface drainage leaves the site, Applicant s.hall apply for a land use c]lange application prior to final platting. 2. All laterals and. waste ways .must be protected. 3. TIle Developer m.ust comply with Idah.o Code 31- 3805. 4. NMID recommends that irrigatio.n water be made available to all developments within the Nampa & Meridian Irrigation District D. Adopt the action of tIle City council taken at their August 10, 2004 meeting, as follows: For Clarification: 1. Prior to commercial or office use of the existing 110use , the applicant shall submit drawings t]lat compare the look of the townhom.es to be built to the look and conditio.u of the existing house, including the submission of a cOffi.parison between building materials. 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: FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTI.NG CONDITIONAL USE PERlVllT SECRET GARDEN SUBDIVISION; CASE NO. CUP-04-022 PAGE 3 OF 7 ( c. That the above named applicant is granted a conditional.use permit for a Planned Develop.ment for Single-Family Residential and Office Uses in a Proposed R-8 Zone, for Secret Garden Subdivision located at the halflnile between Fairview Avenue and Ustick Road on tIle east side of Locust Grove Road, within Sectio.n 5, Township 3 North, Range 1 East Meridian, Idaho, subject to tIle following conditions of use and developme.nt: A. Adopt the Conditions and Recommendations of the Meridian Planning & Zoning and Public Works Departments, as follows: 1. Applicant shall meet all of the requirements of the preliminary.plat as a condition of the Conditio.ual Use Permit 2. The ap.plication is approved for the following deviations from the Zo.ning and Subdivision. Ordinance: Lot Size- City R -8 Requirement 4,000 sq.ft (attached). Reduced Lot Sizes 3,946 sq. ft. (attached) Lot Frontage- City R-8 Requirement 40'm.inimum Red.uced Frontage 31 ' minimum Private Streets- City Width Requirement 24' minimum width; sidewalks on both sides Reduced Private Street Standards 20' .minimum width (in hammerhead); sidewalks on one side (no s/w in hammerhead) 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 4. N.o .building permits for new construction shall be issued within the development until a Final Plat has been recorded for the subdivision~ B. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Standard for Mitigation of trees: TIle standard establis.hed in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: TIle standard established in the City of Meridian Landscape Ordinance will be followed. FINDINGS OF FACT AND CONCLUSIONS OF LAW ANn DECISION AND ORDER GRANTING CONDITIONAL USE P.ERMIT SECRET GARDEN SUBDIVISION; CASE NO. CUP-04-022 PAGE 4 OF 7 j" ( ( c. Adopt the Recommendations ofNampa .Meridian Irrigation District as follows: 1. If any surface drainage leaves the site, Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. The Developer must comply with Idallo Code 31-3805. 4. NMID recommends that irrigation water be made available to all developments within the N ampa & Meridian Irrigation District. D. Adopt th.e action of the City council taken at their August 10, 2004 meeting, as follows: For Clarification: 1. Prior to com.mercia] or office .use of the existing house , the applicant shall submit drawings that compare the look of the townhomes to be built to the look and conditio.u of the existing house, including the submission of a comparison between building materials. NOTIC.E OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT .DURATION Please take notice that the conditional.use permit s.hall be .valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit .holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of ap.provaI, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the ap.plication and to the commission and council a construction schedule and completion date for the project If the com.pletion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on. the project for city council review. TIle application for time extensio.n shall be submitted at least thirty (30) days prior to the deadline for completion of the FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SECRET GARDEN SUBDIVISION; CASE NO.- CUP-04-022 PAGE 5 OF 7 (' ... . project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period~ For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such .phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified tllat pursuant to Idallo Cod.e 67 -8003, the Owner may request a regulatory taking analysis. Suc.h request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue~ A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial :Review may be filed. Please take notice that this is a final action of tIle governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521 an affected .person being a person wh.o has an interest in real pro.perty which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eigl1t (28) days after the date of this decision and order seek a judicial review as .provided by Chapter 52, Title 67, Idaho Code4 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SECRET GARDEN SUBDIVISION; CASE NO. CUP-04-022 PAGE 6 OF 7 / ( -,1""h By action of the City Co.uncil at its regular meeting held on the T day of -.Scptem beY' ,2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED tje~ COUNCILMAN BILL NARY VOTED LJ~~ COUNCILMAN CHARLIE ROUNTREE VOTED lj(~ COUNCILMAN KEITH BIRD VOTED MAYOR TAMMY de WEERD (TIE .BREAKER) DATED: q-t~O~ VOTED ----' MOTION: APPROVED: X DISAPPROVED: \\\1"'1 II '-tIll/ \\\, r: UJ::b~~'11 Attest: ~,~~~ .Or ~-.. rv, ~~tI~ ~ c} :r\poFL1 -y;.z, ~ ,$ ~00 ~o % " ~ , ~ ~ ~ ~ ~ = = ~ ~ O'. ~ William. G. Berg, Jr., City erk ~ ~ lln ,ClJ · ~O ~ ~.<:) 1..) ~ 1S1' , ~- ~ ~~ ~ ~~ ~~ Copy served upon Ap~licant, Planning a3it'c@~eR{1ftn1-ent, Public Works Department and the CIty Attorney. ~ -lnl ult' By: City Clerk's Office Dated:~ ~ d 4-04 z:\ W ork\M\M eJ;dian\M eridian I5360t\1\Secrct Garden\SecGardFFC La RD-CUP-04~022.dfX FINDINGS OF FACT AND CONCLUSIONS OF LA\V AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SECRET GARDEN SUBDIVISION; CASE NO. CUP-04-022 PAGE 7 OF 7 ( .. ('.<-.. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C-08/10/04 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT APPROVAL OF 7 BUILDING ) LOTS AND 1 OTHER LOT ON 1.11 ) ACREAS IN A PROPOSED R-8 ZONE ) FOR SECRET GARDEN SUBDIVISION) ) ) Case No. PP-04-020 FINDINGS OF FACT AND CONCLUSIONS OF LA WAND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PINNACLE ENGINEERS, INC. Applicant The above entitled matter coming on regularly for public hearing before the City Council on August 10,2004, and Anna CalUling, and Chris Hobbs, ~ppeared and testified, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the revised preliminary plat of Secret Garden Subdivision submitted for preliminary plat approval and which revised preliminary plat for approval application :is l1erein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. The property is approximately 1.11 acres in size and is located. at the half mile between Fairview Avenue and Ustick Road on the east side of Locust Grove Road, within Section 5, Township 3 North, Range 1 East 2. Oliver Cleaver and Debbie A. Cleaver are the current property owners and Oliver Cleaver has provided notarized consent for the subject application. 3 . The Ap.plicant is Pinnacle Engineers, Inc. 4. The subject pro.perty is currently zoned R-8 and contains an existing residence and outbui ldings. .FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPRQV AL OF PRELIMlNARY PLAT SECRET GARDEN SUBDIVISION ~ CASE NO. PP 04-020 PAGE 1 OF 13 (. . 5~ The Applicant requests the property be zoned. L-Q (0.21 acres) and R-8 (0.89 acres), which is existing. 6. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 7. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the 2002 Meridian Comprehensive Plan. 8. The Applicant proposes to develop the subject .property in the following manner: create one(l) new office lot, six (6) townhome lots and one (1) cormTIon lot. The City Council of the City of Meridian hereby approves the requested revised Preliminary Plat as req.uested by the Applicant for the .property described in the ap.plication, subject to the following: A. Adopt the Co.mments and Reconunendations of the Meridian Planning & Zoning and Engineering Departments as follows: 1. Per MCC 11-9-1, Lot 1, Block 1 shall be enlarged to meet the minimum L-O lot size of7,000 sq.uare feet and to comply with the minimum five (5) side building setback (for south side)~ 2. Per MCC 12-6-2.A.6.c, construct a 24 foot wide :private street, designed to ACHD standards, from the property line east at least 90 feet into the site. A minim.urn 5-foot wide sidewalk shall be constructed on the north side of the private street adjace.nt to the office building. Also construct the 20- foot wide l1ammerhead drive surface to ACHD street constru.ction standards. Submit a street profile of the new private street and show said profile on the revised Preliminary Plat. 3~ The developer shall .be responsible to ensure at least one new, 2" caliper tree is planted in the rear yards of Lots 3 - 8. The required landscaping and irrigation system shall be installed prior to the issuance of a Certificate of Occupancy for any building on any lot created. by the subdivision. Landscaping and fencing :must be bonded for _ prior to applying for building permits. 4. Sanitary sewer and municipal water service to this site shall be via new main extensions from the existing mains adjacent to the property. Subdivision designer to coordinate main sizing and routing with the Pu.blic Works Department. Cover over the sanitary sewer shall be no less that three-feet from finish grade to the top of pipe. Applicant shall execute City of Meridian standard form of easements, for any mains that are required to provide service4 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SECRET GARDEN SUBDIVISlON -- CASE NO. PP 04-020 PAGE 2 OF 13 ( ;"" " \. . .. . 5. The applicant has indicated that the pressurized irrigation systeln within this development is to be owned and maintained by the Nampa & Meridian Irrigation District Underground year-round pressurized irrigation must .be provided to all lots within this development The City of Meridian requires that .pressurized irrigation systems be supplied by a year-round source of water. The applicant shall be required to utilize any existing surface or well water for tIle .primary source. If a surface or well source is not available, a single-.point connection to tIle municipal water system shall be required. If a single-point connection is utilized, tIle developer shall be responsible for the payment of assessments for the co.mmon areas prior to signature o.n the final.plat by the Meridian City Engineer. 6. There is no master street drainage plan included with this application. Please su.bmit final groundwater/soils monitoring data as prepared by a soils scientist with tile final plat. Any drainage areas (detention/retention basins) .must be designed to ensure that water will percolate or discharge within a period of time .not to exceed 24 hours for all storms up to and including a I DO-year storm event Side slopes within drainage areas shall not exceed 3: 1. The .project engineer should .pay close attention to the results offield studies determining the groundwater, soil type & and characteristics during the design and construction phases. GENERAL COMMENTS (preliminarv plat) 1. Please submit a copy of the Ada County Street Name CommitteeJs final ap.provaI letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Depart.ment. 3~ A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc.., prior to signature on the final plat 4. Applicant shall be required to pay Public Works development .plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 5. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Warks Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to tIle area being FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELI1v1INAR Y PLAT SECREf GARDEN SUBDMSION - CASE NO~ PP 04-020 PAGE 3 OF 13 ( c::.....: . .. subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be ap.proved by tIle appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department 7. Any existing domestic wells and/or septic systems within tllis project will have to be rem.oved from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation~ 8. Any drainage areas (dete.nsion/retension basins) must be designed to ensure tllat water :is retained only during 1 aD-year storm eve.nts, and for a period of time not to exceed 24 hours. Side slopes witllin drainage areas shall not exceed 3; 1. 9. Graphically de.pict any FEMA flood .plain boundaries. Note restrictions associated with the flood zone on the face of the preliminary plat. 1 O~ Performance s.pecificatio.ns for the common area pressurized irrigatio.n system s.hall be submitted with each Final Plat application. 11. Staffs failure to cite specific ordinance provisions does not relieve the Applicant of responsibility for compliance. B. Ado.pt the Meridian Fire Department Recommendations as follows: 1. Upsize the proposed 6" water line to 8" and provide fire hydrants at the "T" intersection within the project. 2. One and two family dwellings will require a fire-flow of 1,000 gallons .per minute available for duration of2 hours to service the entire project Fire hydrants shall .be placed an average of 400' apart. International Fire Code Appendix D 3. Acceptance of the water supply for fire protection will be by the Meridian Water D~partment. 4~ Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a~ Fire Hydrants shall have the 4 ~" outlet face the main street or parking lot aisle~ b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Pu.blic W arks spec~ d~ Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location~ e~ Fire Hydrants shall be placed on comers~ f. Fire hydrants shall not have any vertical obstructions to outlets within 1 0' ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SECRET GARDEN SUBDMSION - CASE NO. PP O~020 PAGE 4 OF 13 f~ /'- ~. .. \,. {~ . l: 5. All entrance and internal roads shall :have a turning radius 0[28' inside and 48' outside radius. 6. Provide a 20' wide Fire Lane for all internal & external roadways. 7 · Building setbacks shall be per the B.uilding Code for one and two story constru.ction. 8. Maintain a separation of 5' from tIle building to the dumpster enclosure. 9. Paint the curb red and provide signage ''No Parkil1g Fire Lane". 10. All portions of the buildings located on this project must be within 150' ofa paved surface. 11. No Parking signs and painted curbs will be required for all Fire Lanes. CI Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved. for central sewage & central water after w.ritten approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be su.b.mitted to and approved by the Idaho Department of Healtll & Welfare, Division of Environmental Quality. 3. Run-offis not to create a mosquito breeding .problem. 4. Stormwater shall be pretreated througll a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 51 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~ D. Adopt the Recommendations ofNampa Meridian Irrigation Distri.ct as follows: 1. ~ If any surface drainage leaves the site, A.pplicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected~ 3~ The Developer must comply witll Idaho Code 31-3805. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVA.L OF P.RELIl\JIlNARY PLAT SECREr GARDEN SUBDIVISION ~ CASE NO~ PP 04-020 PAGE 5 OF 13 t ( (... ~ 4~ NMID recommends that inigation water be made available to all developments within the N ampa & Meridian Irri.gation District E. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Standard for Mitigation of trees: The standard establislled in the City of Meridian Landsc~pe Ordinance will be followed. 2. Standard Plan for Protectio.n of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. F. · Adopt the Recommen.dations of the Sanitary Service Company as follows: 1. Please contact Bill Gregory at sse (888-3999) for detailed review of your proposal prior to the public hearing. There is a concern that the required modifications may significantly impact your site design and may require a revised site plan. If the site plan is revised, contact the planner assigned to the project immediately to discuss the changes and how to proceed with the revised site plan. 2. sse will not provide trash pick-up services utilizing the common driveway. Prior to release of.building permits for homes tl1at take access from the common driveway, the developer shall install a concrete .pad at the end of the common drive no .more than five (5) feet behind the sidewalk. The pad sIlal1 be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. Receptacles shall be placed on tIle co.ncrete pad on collection day in a manner that does not cause a nuisance. G. Adopt the action of the City Council taken at their August 10,2004 .meeting as follows: For clarification: 1. The corrected date of the revised plat is July 23, 2004~ 2~ The revised plat shall require addition of a new fire hydrant and an upsize of water lines to 8". 3. The revised plan shall re.flect a street profile. 4~ Applicant shall submit tlrree copies of tIle second revised .preliminary plat to reflect the above changes. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code 9 12-3-5 and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDIT.l0NAL APPROVAL OF PRELIMlNAR Y PLAT SECRET GARDEN SUBDrvlSION - CASE NO. PP 04~020 PAGE 6 OF 13 c based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDE:RED AND T.HIS DOES ORDER 1. The revised Preliminary Plat of the applicant as evidenced by having submitted the revised preliminary plat of SECRET GARDEN SUBDIVISION, dated July 23,2004, is hereby conditionally approved; and 2~ The conditions of approval are as follows to-wit: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: 1. Per MCC 11-9-1, Lot 1, Block 1 shall be enlarged to meet the .minimum .L-O lot size of7,000 square feet and to com.ply with the minimum five (5) side building setback (for south side). 2. Per MCC 12-6-2..A.6.c, construct a 24 foot wide private street, designed to ACHD standards, from the property line east at least 90 feet into tIle site. A minimum 5-foot wide sidewalk shall be constructed on the north side of the private street adjacent to the office building. Also construct the 20-foot wide hammerhead drive surface to ACHD street construction standards. Submit a street profile of tIle new private street and show said. profile on the revised Preliminary Plat 3. The developer shall be responsible to ensure at least one new, 2" caliper tree is planted in the rear yards of Lots 3 - 8. The required landscaping and irrigation system shall be installed prior to the issuance of a Certificate of Occupancy for any building on any lot created by the subdivision. Landscaping and fencing must be bonded for prior to a:pplying for .building permits. 4. Sanitary sewer a.nd municipal water service to this site shall be via new main extensions from the existing mains adjacent to the property. Subdivision designer to coordinate main sizing and routing with the Public Works Departnlent. Cover over the sanitary sewer shall be no less tllat three-feet from finish grade to the top ofpipe. _ Applicant shall execute City of Meridian standard form of easements, for any mains that are required to provide service~ 5~ The applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained .by the Nam.pa & Meridian Irrigation District. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The ap.plicant shall be required to utilize any existing surface or well water for the primary source.. If a surface or FI.NDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SECRET GARDEN SUBDIVISION -- CASE NO~ PP 04-020 PAGE 7 O.F 13 (~.'^....:.... ~J f t, well source is not available, a single-point connection to the munici.pal water system shall be required. If a single-point connection is utilized, tIle developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 6. There is no master street drainage :plan included with this application. Please submit final groundwater/soils monitoring data as .prepared by a soils scientist with the final plat. Any drainage areas (detention/retention basins) .must be designed to ensure that water will percolate or discharge within a .period of time not to exceed 24 hours for all stonns up to and in.cluding a 1 DO-year storm event. Side slopes within drainage areas shall not exceed 3: 1. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and cllaracteristics during the design and construction phases. GENERAL COMMENTS (preliminarv ~lat) 1. Please submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision .name, and tIle lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3 · A letter of credit or cash surety in the amount of 11 0% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc.., prior to signature on the final plat. 4. A.pplicant shall be required to .pay Public Works development plan review, and construction inspection fees, as determined during the plan review :process, prior to signature on the final.plat per Resolution 02-374. 5. Two-hundred-fifty an.d one-hu.ndred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense.. Typical locations are at street intersections and/or fire hydrants. 6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contigu.ous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be ap.proved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 7. Any existing domestic wells and/or septic systems within this project will have to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SECRET GARDEN SUBDlVlSlON - CASE NO. PP 04-020 PAGE 8 OF 13 ~ .. ( be removed from their domestic service per City Ordinan.ce Sections 9-1-4 and 9-4-8~ Wells may be used for non-domestic purposes such as landscape irrigatio.n. 8~ Any drainage areas (detensionlretension basins) m.ust be designed to ensure that water is retained only during I DO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. 9. Gra.phica]Iy depict any FEMA flood plain .boundaries. Note restrictions associated with the flood zone on the face of tIle :preliminary plat 10. Performance specifications for the cornmon area pressurized irrigation system shall be submitted with each Final Plat application. 11. Staffs failure to cite specific ordinance provisions does not relieve the Applicant of responsibility for compliance. B. Adopt the Meridian Fire Department Recommendations as follows: 1. Upsize the proposed 6" water line to 8" and provide fire hydrants at the "T" intersection within the project. 2. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code A:ppendix D 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have tIle 4 ~" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street Wl1ich does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations witll fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 5. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 6. Provide a 20' wide Fire Lan.e for all internal & external roadways. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM lNAR Y PLAT SECRET GARDEN SUBDIVISION - CASE NO. PP 04..020 PAGE 9 OF 13 7. Building setbacks shall be per the Building Code for one and two story constructi on. 8. Maintain a separation of5' from tIle building to the dumpster enclosure. 9. Paint the curb red and provide signage "No .Parking Fire Lane". 1 o. All portions of the buildings located on this project must be within 150' of a paved surface. 11. No Parking signs and painted. curbs will be required for all Fire Lanes. c. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must .be sublnitted to and approved. by the Idaho Department of Health & Welfare, Division of Environmental Quality~ 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall.be pretreated tlrrough a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of tIle subject project shall obtain current best .management practices for stormwater disposal and design a stormwater manage.ment system that prevents groundwater and. surface water degradation. D. Adopt the Recommendations ofNampa Meridian Irrigation District as follows: 1. If any surface drainage leaves tIle site, Applicant shall apply for a land use cl1ange application prior to final platting. 2. All laterals and waste ways must be protected. 3~ The Developer must comply with Idaho Code 31-3805. 4. NMID recommends that irrigation water be mad.e available to all developments within the N ampa & Meridian Irrigation District. E. Adopt the Recommendations of the Meridian Parks Department as follows: FINDINGS OF FACT AND CONCLUS IONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELlMlNARY PLAT SECRET GARDEN SUBDIVISION ~ CASE NO. PP 04-020 PAGE 10 OF 13 1. Standard for Mitigation of trees: T.he standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. F~ Ado.pt the Recommendations of the Sanitary Service Co.mpany as follows: 1. Please contact Bill Gregory at sse (888-3999) for detailed review of your .proposal prior to the public hearing. There is a concern that the required modifications may significantly impact your site design and may require a revised site plan. If the site plan is revised, contact the planner assigned to the project immediately to discuss the changes and how to proceed witll the revised site plan. 2. sse will not provide trash pick-up services utilizing the common driveway. Prior to release of building permits for homes that take access from the common driveway, the develo.per shall install a concrete pad at the end of the common drive no more than. five (5) feet be.hind. the sidewalk. The .pad shall.be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. .Receptacles shall be placed on the concrete pad on collection day in a manner that does not cause a nuisance. G. Adopt the action of the City Council taken at their August 10, 20041neeting as follows: For clarification: 1. The corrected date of the revised plat is July 23, 2004. 2. The revised plat shall require addition of a new fire hydrant and an upsize of water lines to 8". 3 · The revised plan shall reflect a street profile. 4. Applicant shall submit three copies of the second revised preliminary plat to reflect the above cllanges. F.INDINGS OF FACT AND CONCLUSIONS OF .LA W AND ORDER OF CONDITIONAL APPROVAL OF PRELllvllNAR Y PLAT SECRET GARDEN SUBDIV.ISION - CASE NO. PP 04-020 PAGE 11 OF 13 ( (.-"u.. {' The revised plat of SECRET GARDEN SUB.DNISION, dated July 23, 2004, and stamped: , and stamped: RECENED , CITY OF MERIDIAN CITY CLERK OFFICE, is hereby approved~ NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis.. Such request must be in writing, and must be filed with the City Clerk not more tllan twenty-eight (28) days after the final decision co.ncerning the matter at issue~ A request for a regulatory takings analysis will toll the time .period witllin whicl1 a Petition for Judicial Review tnay be filed. Please take notice that this is a final action of the governing body of tIle City of Meridian, pursuant to Idaho Code S 67-6521~ An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within. twenty- eigl1t (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 I~\h day of SCp\ ,mbcr , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED L~ COUNCILMAN BILL NARY VOTED COUNCILMAN CHARLIE ROUNTREE VOTED \ l~ vQ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SECRET GARDEN SUBDlVISION - CASE NO. pp 04~020 PAGE 12 OF 13 COUNCILMAN KEITH BIRD VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED ---- Attest: \\\\\11111 UIIIIII \\\, "c: UJ:'h.. 'II. ~,\ '" V' -V1"-Tf/!H :~JJ'~ ~ ~6~ :"'fA.. ~ ~ .V ~ ..~ 1"i$; ~ .~ ~ ~ ~ ~ ~ ~ ~ ~ SEAL ~ ~ &- ~ t4? ~/~ "q, ~O 2 ~'a -l:)~r 1$1 · . I'_>"-f ....//)-// ~ CQu~ ~'.v.. .-" Copy served upon Applicant, The Pla'ffnujg:f-ln9i~oning Departm.ent, Pu.blic Works Department and City Attorney. By: City Clerk's Office Dated: C\ - 2- 4-04 z:\ Work\M\Melidian\Meridian 15360M\Secret Garden\SecGardFFCLORD-PP04-020.doo FfNDINGS O.F FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIl\1IN AR Y PLAT SECRET GARDEN SUBDIVISION ~ CASE NO~ PP 04-020 PAGE 13 OF 13 {~"'d. . ( .BEFORE THE MERIDIAN CITY COUNCIL C/C 08/10/04 IN THE MA TTER OF THE REQUEST FOR REZONING OF 11.1 ) ACRES .FROM RUT TO R-8 FOR ) SECRET GARDEN SUBDIVISION ) ) ) ) ) Case No. AZ-04-015 FINDINGS OF FACT, CONCLUSIONS O.F LAW AND ORDER AND DECISION GRANTING APPLICATION FOR REZONING PINNACLE ENGINEERS, INC. Applicant The above entitled rezoning application l1aving come on for public l1earing on August 1 0, 2004, at the hour of7:00 .p.m., and Anna Canning, and Chris Hobbs, ~ppeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following :Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. T.here has been compliance with all notice and hearing requirements set forth in Idal10 Code SS 67-6509 and 67-6511, and Meridian City Code ~~ 11-15-5 and 11-16-1. 2. The 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 Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution. No. 02-382, and maps and th.e ordinance Establishing the 1m.pact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND O.RDER GRANTING APPLICATION FOR REZONING; SECRET GARDEN SUBDIVISION - AZ 04-015 PAGE 1 OF 8 (.., . . f.~.~'-... . . f:.:...... .' 3 · The property is approximately 1.11 acres in size and is located at the half mile .between Fairview Avenue and Ustick Road on the east side of Locust Grove Road, within Section 5, Township 3 North, Range 1 East. 4. Oliver Cleaver and Debbie A. Cleaver are the current property owners and Oliver Cleaver l1as provid.ed notarized consent for the subject application. 5. The Applicant is Pinnacle Engineers, Inc. 6. The subject property is currently zoned R-8 and contains an existing residence and outbuildings. 7. The Applicant requests the property be zoned L-Q (0.21 acres) and R-8 (0.89 acres), which is existing. 8. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 9. The entire parcel of the property is included. within the Meridian Urban Service Planning Area as defined in the 2002 .Meridian Comprehensive Plan. 10. The Applicant pro.poses to develo.p the subject property in the following manner: convert the residence to an office building and construct six (6) town homes. 11. The A.pplicant requ.ests a rezone of a portion of the subject real property to L-O which is consistent with the Meridian Comprel1ensive Plan Future Land Use Map, wl1ich designates the subject .property as Medium Density Residential (w.hich allows up to 20% of the reside.ntial area to be used as non-residential under a Planned Development). 12. Tllere are no significant or scenic features of major importance that affect the consideration of this application. FINDINGS OF .FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION .FOR REZONING; S.EC.RET GARDEN SUBDIVISION - AZ 04-015 PAGE 2 OF 8 ( The City Council of the City of Meridian hereby approves the requested Rezoning as requested by the Applicant and as amended by a subsequ.ent Rezone application for the property described in the application, subject to the following: A. Adopt the Comments of the Meridian Planning & Zoning and Public Warks Departments as follows: REZONE COMMENTS 1 ~ The revised rezone legal description, stamped .by Land Surveyor Kevin N. Sorensen, correctly describes the L-O zone portion of the site (Lot 1, Block 1) and is approved herewith. TIle portion of the site to be rezoned from R-8 to L-O is ap.proximately 12,620 square feet 2. The requested zoning designation ofL-O is com.patible with the City of Meridian's Zoning Ordinance. 3. The subject pro.perty is within the Urban Service Planning Area. Essential City services are available to the subject property~ 4.. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517~ Wells may be used for non-domestic purposes such as landscape irrigation. B. The Applicant shall also comply with the conditions and requirements of the corresponding ord.ers for applications for this project, which are Preliminary Plat - PP-04-020, and Conditional Use Permit - CUP-04-022, which orders are hereby incorporated herein by this .FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR .REZONING; SECRET GARDEN SUBDIVISION - AZ 04-015 PAGE 3 OF 8 reference as though fully set forth. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2~ The City of Meridian has exercised its authority and responsibility as .provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan. City of Meridian adopted August 6,2002, Resolution .No~ 02-382. 3 ~ The proj eet fa llows tIle pertinent provisions of tile Ci ty of Meridian Comprehensive Plan that are applicable to this Application. 4 ~ T.he zoning of (R -8) Medium Density Residential is defined. in the Zoning Ordinance at ~ 11-7-2 D as follows: (R-8) Medium Density Residential District: TIle pUIpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwellin.g units per acre. This District delineates those areas w.here such development .has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to .permit the co.nversion of large homes into two-family dwellings in well-established. neighborhoods of comparable land use~ Connection to the Municipal water and sewer systems of the City is required. 5~ The zoning of(L-O) Limited Office is defined in the Zoning Ordinance in the Zoning Ordinance at 9 11-7-2 G as follows: L-Q _ _ District: The purpose of the L-O district is to permit the establishment of groupings ofprofessio.nal, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses~ Research uses shall not involve heavy testing operations of any kind or .product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this .FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORD.ER GRANTING APPLICATION FOR REZONING; SEC.RET GARDEN SUBDIVISION - AZ 04-015 PAGE 4 OF 8 district The L-O district is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the municipal water and sewer system of the city is a requirement in this distri ct. 6. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON T-HE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for rezoning of approximately 0.290 acres to (L-O) Limited Office is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for rezoning of 0.290 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of tIle City of Meridian Resolution No. 158 3 ~ Developer shall be required to meet the conditions set forth and in the event tIle conditions herein are not met by the Developer that the pro.perty shall be subject to de-annexation, with the City of Meridian, which provides for the following conditio.ns of development, to-wit: A. Adopt the Comments of the Meridian Planning & Zo.ning and Public Works Departments as follows: REZONE COMMENTS 1. The revised rezon.e legal description, stamped by Land Surveyor Kevin N. Sorensen, FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR REZONING; SECRET GARDEN SUBDIVISION - AZ 04-0 15 PAGE 5 OF 8 (/~..,... !:o"~o (.:... ... . correctly describes the L-Q zone portion of the site (Lot 1, Block 1) and is ~pproved herewith9 The portio.n of the site to be rezoned from R-8 to L-Q is approximately 12,620 square feet 2. The requested zoning d.esignation ofL-O is compatible with the City of Meridian's Zoning Ordinance. 3. The subject .property is within the Urban Service Planning Area. Essential City services are available to the subject .property. 49 Any existing domestic wells and/or septic systems within this project wiIlllave to .be removed from their domestic service per City Ordinance Section 5-7 -51 7 . Wells may be used for non-domestic purposes such as landscape irrigation. B. The A.pplicant shall also conlply with the conditions and requirements of the corresponding orders for applications for tllis project, which are Preliminary Plat - .PP-04-020, and Conditional Use Permit - C.UP-04-022, which orders are hereby incorporated herein by this reference as tll0Ugh fully set forth. C. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the rezoning designation of the real property which is the subject of the application to (L-o) Limited Office an.d (R -8) Medium Density Residential District, and Meridian City Code ~ 11- 7 -2. D. Subsequent to the passage of the Ordinance .provided for in section C of this Order the engineering staff of the Public Works Department shall prepare the appropriate map.ping changes of the official boundaries and zoning maps as provided in Meridian City Cod.e ~ 11- 21-1 in accordance with the provisions of the annexation and zoning ordinan.ce. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APP.LICATION FOR REZONING; SECRET GARD.EN SUBDIVISION - AZ 04-015 PAGoE 6 OF 8 c NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANAL YSIS The Applicant is hereby notified that :pursuant to Idallo Code 67-8003, the Owner may request a regulatory taking analysis~ Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerni.ng the matter at issue~ A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed.4 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected. by t11is decision may, within twenty-eight (28) days after the date of this d.ecision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code~ .-:1 1 h By action of the City Council at its regular meeting .held on the ~ l day of Se~~\DY\bcv , 2004. ROL.L CALL COUNCILMAN SHAUN WARDLE VOTED !V^- I COUNCILMAN BILL NARY VOTED ~lC\- u COUNCILMAN CHARLIE ROUNTREE VOTED ~'-- o COUNCILMAN KEITH BIRD V OTE.D ., )JJ/JJ / \ ~0 FINDINGS OF FACT AND CONCLUSIONS OF .LA W AND DECISION AND ORDER GRANTING APPLICATION FOR REZONING; SECRET GARDEN SUBDIVISION - AZ 04-015 PAGE 7 OF 8 MAYOR TAMMY de WEERD (TIE BREAKER) DATED: q--7~()4 VOTED - MOTION: APPROVED: X DISAPPROVED: Attest: ~~~ By: 41cuul City Clerk's Office Dated: q. 24..04 Z;\ Work\M\Meridian\Meridian I 5360M\Sccret Garden\SccGardAZFFCWRD AZ-04-Q I S.da: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR REZONING; SECRET GARDEN SUBDIVISION - AZ 04-015 PAGE 8 OF 8 I. . . ** TX CONF\~ . . ..~TION REPORT ** AS OF RUG 06 t 04... . ~ ..J = 29 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 21 08/06 18:10 PUBLIC WORKS EC--S 01 ) 00" 1303 173 OK 23 08/06 18=13 12084664405 EC--S 01; 02J' 1303 173 OK 24 08/06 18:14 8841159 EC--S 01 ' 01 'I 003 173 OK 2S 08/06 18=16 2088840744 EC--S 01' 00'" 003 173 OK 26 08/06 18:17 POLICE DEPT EC--S 131 ' 01" 003 173 OK 27 08/06 18:19 8985501 EC--S 01 t 00Jt 0133 173 OK 28 08/06 18:20 LIBRARY EC--S 01 jI 18J' 003 173 OK 29 00/06 18: 22 r DAHO STATESMAN EC--S 01 t 00" 1303 173 OK 30 08/06 18: 24 208 388 6924 EC--S 01 J: 19 ,. 003 173 OK 31 08/06 18: 26 2088886854 EC--S 01' '00,t ee3 173 OK 32 08/06 18:27 ALL AMERICAN INS EC--S 131 ' 01" 003 173 OK -------------------------------------------------------------------------------------------- t\~"C.- ~OS.\- ~O( \-lLL\c\r~ l'l&t(G - \V\.(lyt& ~~J CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA TuesdaYJI August 10, 2004 at 7:00 p.m. City Council Chambers 1. !rtoll..call Attendance: _ Shaun Wardle _ Bill Nary Charlie Rountree K13ith Bird - _ Mayor Tammy de Weerd 2" lPledge of AlIegiance: 3.. tCommunity Invocation by Pastor Randy RodesJ with Meridian '''Ineyard Church: 4. ,~doption of the Agenda: 5. IPresentation of Environmental Certificate of Recognition Award to Ildaho Fleet Service by Mayor De Woord: · 6. {Consent Agenda: IA. Approve Minutes of July 20, 2004 City Council ReguJar Meeting: IS" Approve Minutes of July 27, 2004 City Council Regular Meeting: ~~. Findings of Fact and Conclusions of Law for Approval: VAC 04..Q03 Request for a Vacation of utilities, drainage and irrigation easement on the interior lot line of Lots 22 and 23 of Pa~kard Acres Subdivision No. 2'1lby Packard Estates Development, LLC - south of East Ustick Road and east of North locust Grove Road: ID~ Findings of Fact and Conclusions of Law for Approval: PFP 04-006 Request for a Preliminary/Final Plat approval for the rew subdivision of Lot 141 Block 1 of Woodside Creek Subdivision No. 1 into two building lots on .32 acres in an R-8 zone for proposed Woodside Creek SubdivJsion No~ 2 by Woodside Properues. LLC - 1115 North Ten Mile Road: tE~ Findings of Fact and Conclusions of Law for Approval: CUP 04...014 Request for a Conditional Use Permit for a Planned MtrldiM Cily Counoil ~ - AnguR 10. :2004 PD", 1 of.3 AJI malcriaJ, pI'CImtcd All pubNc mcdinsn rrha1I bcoxnc property aflhc. City ofMeri:di.arL AJlyone duiring ucommodalion for diJabilitiu rI]1:ted to doOJrnMI'lS sndlor hnri'08 pl~~u contact 'Ihc City Clttk/s om cc .at 888-4433 :Ii leut 4'8 how1 pric.-lo the :PUb lie meet igg.. . . f:' t<" f . . ** TX CONFI~ ~.J ION REPORT ** F=iS OF AUG 06 '04\'.~._.'50 PAGE.. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDi; STATUS 01 08/06 18:29 208 895 0390 EC--S 01' 00" 003 173 OK 132 08/06 18:31 128300040 G3--S 011 18'1 003 173 OK 03 08/136 18:32 208 387 6393 EC--S 01' 00" 003 173 OK 04 08/06 18:34 ADA CTY DEUELMT EC--S 01 t 00tj 0133 173 OK 05 08/06 18:36 8885052 EC--S 01 J e0t' 003 173 OK 06 08/06 18:37 CHERRY LANE G3--S 02' 01" 003 173 OK 07 08/06 18:40 IDAHO ATHLETIC C EC--S 01100" 003 173 OK 08 08/06 18:41 ID PRESS TRIBUNE EC--S 01 '00't 003 173 OK 09 08/06 18:43 2088886701 EC--S 01'00n 003 173 OK 13 08/06 18:48 3810160 EC--S 01 '43" 00:3 173 OK -------------------------------------------------------------------------------------------- ~\t(kS-c... VOs-\- kO( r'LL'd.~~ N&\(G - \ V\.{l\'\t~r ~J CITY OF MERIDIAN CITY COUNCIL REGULAR MEEnNG AGENDA Tuesday, August 10. 2004 at 7:00 p.m. City Council Chambers 1.. IRolJ ...call Attendance: Shaun Wardle _ Bill Nary CharJie Rountree K-eith Bird - _ Mayor Tammy de Weerd 2. JPledge of Allegiance: 3.. Community Invocation by Pastor Randy Rodes, with Meridian '\/Ineyard Church: 4" rA.doption of the Agenda: 5. l?resentation of Environmental Certificate of Recognition Award to ~daho Fleet Service by Mayor De Weerd: · 6. Consent Agenda: I". Approve Minutes of July 20, 2004 City Council Regular Meeting: IB~ Approve Minutes of July 27, 2004 City Council Regular Meeting: Ie:. FIndings of Fact and Conclusions of Law for Approval: VAC 04-003 Request for a Vacation of utilitiesl drainage and irrigati on easement on the interior lot line of Lots 22 and 23 of Packard Acres Subdivision No.. 2 by Packard Estates Development. LLC - south of East Ustick Road and east of North Locust Grove Road: ID.. Findings of Fact and Conclusions of Law for Approval: PFP 04..006 Request for a Preliminary/Final Plat approval for the re- subdivision of Lot 14, Block 1 of Woodside Creek Subdivision No. 1 into lwo building lots on ..32 acres in an R-8 zone for proposed Woodside Creek Sobdivjsion No~ 2 by Woodside Properties, LLC - 1115 North Ten Mile Road: IE. Findings of Fact and Conclusions of law for Approval: CUP 04..014 Request for a Conditional Use Permit for a Planned MttidiM City Council Aga:ad.o - Augug 1 o~ 2004 Pnto 1 or 3 .4Ul ma1cria1o prcscnkd:at public meetings ~ become property otlbe City ofMeridiaD. AnyOf\C cluiring .lCCOltI1lOdacion for disab il Riel r!J IVXI 10 d(,OJ.marJ!$ aruilor heariD8 pleau coatDct the- City Clc:lkt3 Office at 888-4433 m. J cum 48 hours Prior to lhc publit: IDCc:tirJ& · 6. V\ t(\S G PCI ~~ +- ~)"( PLL\ot \ G N Dt. {( L -l)..cr.. \\.\S~ \) \, \:..... CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, August 10J 2004 at 1:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Bill Nary Charlie Rountree K:eith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Randy Rodes, with Meridian Vineyard Church: 4. Adoption of the Agenda: 5. Presentation of Environmental Certificate of Recognition Award to Idaho Fleet Service by Mayor De Weerd: Consent Agenda: A. Approve Minutes of July 20, 2004 City Council Regular Meeting: B. Approve Minutes of July 27, 2004 City Council Regufar Meeting: ell findings of Fact and Conclusions of Law for Approval: VAC 04-003 Request for a Vacation of utilities, drainage and irrigation easement on the interior lot line of Lots 22 and 23 of Packard Acres Subdivision No.2 by Packard Estates Development, LLC- south of East Ustick Road and east of North Locust Grove Road: D. Findings of Fact and Conclusions of Law for Approval: PFP 04-006 Request for a Preliminary/Final Plat approval for the re- subdivision of Lot 14, Block 1 of Woodside Creek Subdivision No. 1 into two building lots on .32 acres in an R-8 zone for proposed Woodside Creek Subdivision No.2 by Woodside PropertiesJ LlC - 1115 North Ten Mile Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 04-014 Request for a Conditional Use Permit for a Planned Meridian city Council Agenda - August 10, 2004 Page 1 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing Please contact the City Clerk'S Office at 8884433 at least 48 hours prior to the PUbliC meeting. (/. ;:.. (. Development for modification of an existing CUP in an L-O zone of Meadowlake Villaae ContinuinQ Care Retirement Center {CeRCI by Touchmark of the Treasure Valley, LLC - south of East Franklin Road and east of North Eagle Road: F. Black Cat Trunk Sewer and lift Station Project Addendum No. 2: G. Award Contract for Architect for Senior Center Project: H. Resolution No. : Street Name Chance of North lakes Avenue to N. lakes Place:. 01:.1- I. Approve Beer and Wine license Transfer from Bangkok House to Sa Wad Dee Thai Restaurant_-1890 East Fairview Avenue: 7. Department Reports: A. City Council Member - Shaun Wardle 1. Update on Golf Course Standards: B. finance Department ~~~ 1. Update on Police Department Property Tax: C. Police Department - Chief Musser 1. Traffic Safety Commission Recommendations by Captain John Overton: D. Parks and Recreation Department - Doug Strong 1. Discussion of New Fees and Fee Increases: E. Mayors Office 1. City-wide Strategic Plan: 8. (Items Moved from Consent Agenda) 9. Approve Amendments for 2004 Fiscal Year Budget: 10. Approve 2005 Fiscal Year Tentative Budget: Meridian City Council Agenda - August 10, 2004 Page 2 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommOdation for disabilities related to documents aod/or hearing Please contact the City Clerk"s Office at 888-4433 at least 48 hours Prior to the PUbliC meeting. (r (~.~~,., .. 11. Tabled from August 3, 2004: FP 04-038 Request for Final Plat approval of 30 single...family residential building lots and 5 common lots on 16.4 acres in an R-4 zone for Autumn. Faire Crossina Subdivision by Autumn Faire, LLC - south of West Ustick Road and west of North Black Cat Road: 12. Tabled from August 3, 2004: FP 04-044 Request for Final Plat approval for 5 commercial building lots on 2~88 acres in an L-O zone for lvnnwood Plaza Subdivision by Busterback Developmentr LLC - north of West Cherry Lane and east of North Ten Mile Road: 13. FP 04-049 Final Plat approval for 50 single family residential bLlilding lots and 15 common lots on 21 ~ 16 acres in a R-4 zOIJ~ for Saguaro Canyon Estates Subdivision No.1 by Farwest, LLC - north of East McMillan Road and east of North Meridian Road: 14. Public Hearing: AZ 04-015 Request for Annexation and Zoning of 1+/- acre from RUT to R-8 zone for proposed Secret Garden Subdivision by Pinnacle Engineers, Inc. - 2490 North Locust Grove: 16. 15. Public Hearing: PP 04-020 Request for Preliminary Plat approval of 7 residential building lots and 1 other lot on 1 +/- acre in proposed R-8 zone for proposed Secret Garden Subdivision by Pinnacle Engineers, Inc. - 24!=lO North Locust Grove: P~blic Hearing: CUP 04-022 Request for Conditional Use Permit for a Planned Development for single-family residential and office in a proposed R-8 zone for proposed Secret Garden Subdivision by Pinnacle Engineers, Inc~ - 2490 North Locust Grove: ~.......:....... 17. Public Hearing: AZ 04-013 Request for Annexation and Zoning of 13~5 acres from RUT to C-G zones for Stow-It Storaae Facility by Lyons Development, LLC - southwest corner of Stoddard Road and West Overland Road: 18. Public Hearing: CUP 04.017 Request for a Conditional Use Permit for a Planned Development for a storage facility with a caretaker residence and future office/retail use in a proposed C-G zone for Stow-It Storaae Facility by Lyons DevelopmentJ LLC - southwest corner of Stoddard Road and West Overland Road: 19. Ordinance No. : AZ 04--010 Request for Annexation and Zoning of 4~ 10 acres from RUT to L-Q zone for proposed Brockton Subdivision by Confluence Management, L.L.C. - 3665 North Locust Grove Road: Meridian City Council Agenda - August lO~ 2004 Page 3 of3 All materials presented at public meetings shall beconle property of the City of Meridian. Anyone desiring acconnnodation for disabilities related to documents and! or hearing Please contact the City Clerk'S Office at 888-4433 at least 48 hOUrs Prior to the PUbliC meeting~ ../:.~... . I~ ** TX CONFIL... i--ION REPORT ** { . AS OF RUG 11 t 04 ~... .....J,. 41 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDJ:t STATUS 01 08/11 16=17 208 895 0390 EC--S 01' 04" 003 2133 OK 02 08/11 16=19 128300040 G3--S 01 J 23'1 003 203 OK 03 08/11 16:21 208 387 6393 EC--S 01 J 041' 003 2133 OK 04 08/11 16:22 ADA cry DEUELMT EC--S 01" 05 ,. 003 203 OK 0S 08/11 16:25 IDAHO ATHLETIC C EC--S 01104'. 003 203 OK 06 08/11 16:27 ID PRESS TRIBUNE EC--S 01 f 0S" 003 203 OK 07 08/11 16:29 2088886701 EC--S 01' 05'. 003 203 OK 09 08/11 16:36 8885052 EC--S 01' 05J' 1303 203 OK 10 08/11 16=38 CHERRY LANE G3--5 02104" 003 203 OK -------------------------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA 16 TuesdaYII August 10. 2004 at 7:00 p.m. City Council Chambers RolI~all Attendance: Shaun Wardle ~ Bin Nary CharJi~ ~ountree ~ Keith Bird Mayor Tammy De Weerd Pledge of Allegiance: (' I tfVl/~ .2)4., Community Invocation by Pastor Randy Rodes, with Meridian Vineyard Church: ,PrpY-i'c4.d- Adoption of the Agenda: tyJproVIl!.- Presentation of Environmental Certificate of Recognition Award to Idaho Fleet Service by Mayor De Weerd: r: fJreL~ 6':) JpIvA cJhlf,M/~-r"" Consent Agenda: 2. 3. 4. 5. 6~ A. Approve Minut~s of July 20. 2004 City Council Regular Meeting: aPlrtP"<" B. Approve Minutes of July 27, 2004 City Council Regular Meeting: "PfroLl"<- ~ Findings of Fact and Conclusions of law for Approval: V AC 04-003 Request for a Vacation of utilitiesr drainage and irrigation easement on the interior lot line of lots 22 and 23 of Packard Acres Subdivision No.2 by Packard Estates Development, LLC _ south of East Ustick Road and east of North locust Grove Road: W?Pre' Y"C.- D. Findings of Fact and Conclusions of Law for Approval: PFP 04-006 Request for a Preliminary/Final Plat approval for the re- subdivision of Lot 14, Block 1 of Woodside Creek Subdivision No. 1 into two building lots on ~32 acres in an R-B zone for proposed Woodside Cre~k Subdivision No.2 by Woodside Properties, LlC -1115 North Ten Mile Road: ~f>>'"6V<- E.. Findings of Fact and Conclusions of Law for Approval: CUP 044114 Request for a Conditional Use Pennit for a Planned Mttidiad. city Council .t\eflnq oM Au pt. ] OJ 20M ~ 1 Clr~ AlI.mJUriAls ptOIICD!Cd III flU bUc m<<1iag.& eha1l btcomC' property of the City 0 r Mt:ridiaa.. Aa)"OD.o daliriD! Dceonno&dion foro disabilities roWed to doaunoru andIcr beari~ p"''' OODtIc; lb. CRY CIS". Office Il 388-4433 Dtleut 48 boww prier to !he publiC mr:etmg. /"".~^. .. {. .. ** TX CONF~l ~ .. ,. --t T 1 ON REPORT ** ;r . (- i=6 OF RUG 11 ' 04..... .-.J: l? PAGE ~ 131 C[TY OF MERIDl~N 21 22 23 24 25 27 28 29 30 31 32 DATE TIME TO/FROM 08/11 15=54 3810160 08/11 15:58 PUBLIC WORKS 08/11 15:59 12084664405 08/11 16:02 8841159 08/11 16=04 2088840744 08/11 16:07 POLICE DEPT 08/11 16:08 8985501 08/11 16:10 LIBRARY 08/11 16:12 92083776449 08/11 16:13 208 388 6924 08/11 16:15 2088886854 CMDh STATUS 203 OK 203 OK 203 OK 203 OK 203 OK 203 OK 203 OK 203 OK 203 OK 203 OK 203 OK MODE EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S MIN/SEC PGS 01 t 50" 003 131' 0SJJ 003 1211 i 06J' 003 01 t 135" 003 .01 '04.J 003 01 t 05" 003 01 J 03,t 003 01 t 26"" 003 01 f 134" 003 01 ' 25't 003 01 t 051' 003 -----------------~-------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA 1. Tuesday, August 10, 2004 at 7:00 p..m. City Council Chambers RolIMcall Attendance: Shaun Wardle 1- Bill Nary Charli~~ountrea ~ Keith Bird Mayor Tammy Cle Weerd Pledge of Allegiance: (' I ~/~ .2) ""!J Community Invocation by Pastor Randy Rodes, with Meridian Vineyard Church: I'rQV7(;k:,d- Adoption of the Agenda: ty.),/"IJ V41:- Presentation of Envjron menta I Certificate of Recognition Award to Idaho Fleet Service by Mayor De Weerd: r jJ rt d.wvk.t;( /; ':J Jp!t,h dklf,....,r (.,;W.r.ft Consent Agenda: A. Approve Minutes of July 20, 2004 Ctty Council Regular Meeting: apfJ rD ~<.... B.. Approve Minutes of July 27, 2004 City Council Regular Meeting: Cf. Pf ro '""<- C" Findings of Fact and Conclusions of law for Approval: V AC 04-003 Request for a Vacation of utilities. drainage and irrigation easement on the interior lot line of lots 22 and 23 of Packard Acres Subdivision No.2 by Packard Estates Developmentt LLC _ south of East Ustick Road and east of North locust Grove Road: W?Pr&i'V"C- D~ Findings of Fact and Conclusions of Law for Approval: PFP 04-006 Request for a Preliminary/Final Plat approval for the re. subdivision of Lot 14, Block 1 of Woodside Creek Subdivision No. 1 into two building lots on .32 acres in an R-8 zone for proposed Woodside Creek Subdivision No.2 by Woodside Propertiest LLC - 1115 North Ten Mile Road: P?' P'V<- E. Findings of Fact and ConclusIons of law for Approval: CUP 04-014 Request for a Conditional Use Pennil for a Planned Mtri.di:aaCityCOW'Icil ~- Au6UM 10.2004 P.l of) AlI.lD.lIIa'iIb ptCJcm.od at publil;:' mcctiDo c.haU b<<omc property oftbo City of'Maidiu.. AnyoDtl de.irinB lK:Coramodaticn for diabiJitiC$ related to dommenb and/or hearing plftse- 00ft'IXt the cny Clerk'" omCt at 888--44JJ OJ. leut 4B houm prier to 'the pubJic lKctiug. 2. 3. 4. 5. 6. NOTICE OF REGULAR MEETING MERIDIAN HISTORIC PRESERVATION COMMISSION NOTICE IS HEREBY GIVEN that the Meridian Historic Preservation Commission (HPC) will hold its Regular Monthly Meeting at City Hall, 33 East Idaho Avenue, Meridian, Idaho on Thursday, August 5th, 2004 at 5:30 PM. The HPC will meet to discuss the following items: ~ review of FY2005 budget - discussion of properties for the National Register of Historic Places "W review of FY2004 available funding - other business. The public is welcomed to attend. ~ \ .,\'1 u~ \ \ I It 1I1111i \\~' r: !\.ftr-- '/- ..,,<,,\~~ OC lilh::fi>!Dl/.II//.... ,.... . ", ~.A. /"'/ ..:...,' (j o~POR~ ').. · IF ~ -< r'~ BE ~ City Clerk - City of Meridia'\ . 7vQ ~ctJ& f -~:-:', 70 vSr 15\ ' ~ $ "'.... ~ ~ ~ ,...... .~, : Co J lMT'/ ~ ,,-,,- The HPC regular meetings are scheduled for the first Thursday of each rTiCuilt~~~1;ii~\:'\\\\\'\ 5:30 pm. DATED this 3rd day of August, 2004. '.... t ~ ~/ ~ .WiHiam G. Berg, Jr. Meridian Historic Preservation Commission - August 5, 2004 All materials presented at public meetings shall become property of the Meridian Historic Preservation Commissjon~ Anyone desiring accommodation for disabilities related to documents and I or hearings, please contact the City Clerk'S Office at 888-4433 at least 48 hours Prior to the PUbliC meetinQ4 f< . ~~: . (..... . MERIDIAN HISTORIC PRESERVATION COMMISSION REGULAR MEETING AGENDA Thursday, August 5,2004, at 5:30 p.m. @ Meridian City Hall - Mayor's Conference Room 33 East Idaho Avenue - Meridian, Idaho 1. Roll-call Attendance: Frank Thomason Walter Lindgren Tom Hammond Carol Harms staff - Brad Hawkins-Clark 2. Review of FY2005 Budget: 3. Discussion of Properties for the National Register of Historic Places 4. Review FY2004 available funding I discuss methods of obtaining ISHS fundi ng 5. Reminder of Next Meeting - Thursday, September 2,2004: Meridian Historic Preservation Commission Meeting - August 5~ 2004 Page 1 of 1 AU materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and I or hearings. please contact the City Clerk1ls Office at 888-4433 at least 48 hours pnorto the PUbliC meeting. ( r ** TX CONFIRMhlluN REPORT ** (" AS OF AUG 03 ' 04. J."7: 34 PAGE.. 01 CITY OF MERIDIAN DRTE TIME TO/FROM MODE MIN/SEC PGS CMDtt STATUS 131 08/03 17:19 IDAHO ATHLETIC C EC--S 001221J 001 129 OK 132 08/03 17:20 ID PRESS TRIBUNE EC--S 00' 23" 001 129 OK 03 08/03 17:21 2088886701 EC--S 013' 22ft 001 129 OK 04 08/03 17:34 CHERRY LANE ----5 00- 00J' 000 129 BUSY THIS DOCUMENT IS STILL IN MEMORY .t'\ CtlSt: ro~ t- tcY rub\ \ c. \'10"\ \ L L. - ,y ~ ~ ~\~' NOTICE OF REGULAR MEETING MERIDIAN HISTORIC PRESERV A liON COMMISSION NOTICE IS HEREBY GIVEN that the Meridian Historic Preservation Commission (HPC) will hold its Regular Monthly Meeting at City HaJJ. 33 East Idaho Avenue. Merjdjan~ Idaho on Thursday, August 5th. 2004 at 5:30 PM.. The HPC wiU meet to discuss the foil owing items: - review of FY2005 budget -- discussion of properties for the National Register of Historic Places - review of FY2004 available funding - other business. The public is welcomed to attend~ \' ,,",I 'HUI~'/lJJJIJ ~,'. . Of ~IiEf?!D.'r/~", DATED this 3rd day of August, 2004.;. ......'"'..d"" ~po~... ~;~~ ~~ lYo rl~ . ~ -. [t"l~ WC~ WIlliam G. Berg. JL ~ 'sMl ~ City Clerk - City of Meridian."'?G n..~ 2 ~ Q "'~ 0 ~ ..~~."o "sr i$1 · ~ ~ ......" -1 a ..p ~ "\,....~" The HPC reguJar meetings are scheduled for the first Thursday of each ri1i3Gl~~~\\~\\"\'" 5:30 prn. Meridian Histone Preservation Commission - August 5, 2004 AU materials presented at public meetings shaJl become property of the Meridian Historic Preservation commission. AnYOne deSiring aCCOmmOdatiOn for diSabilities related to documents and I or healingsf Please contact the City Cletkts Office at 8Sf3..4433 at least 48 hOUrs Prior to the PUbliC meeting. /.. r PAGE~01 ** TX CDNF.. . T I ON REPORT ** AS OF RUG 03 t 04 1 \.. CITY OF MERlDIAN DATE TIME TO/FROM MODE M I N/SEC PGS CMD~ STATUS 13 08/03 16:56 3810160 EC--S 00' 32~H 001 129 OK 14 08/03 16:57 PUBLIC WORKS EC--S 0et22U 001 129 OK 15 08/03 16:58 12084664405 EC--5 00'23u 001 129 OK 17 08/03 17=00 8841159 EC--S 00'22u 001 129 OK 19 08/03 17: 132 2008840744 EC--S 00t22U 0131 129 OK 20 08/~3 17: 04 POL I CE DEPT EC--S 001 22t~ 001 129 OK 22 08/03 17: 06 8985501 EC--S enZJ" 22 'U 001 129 OK 23 08/03 1?: 07 LIBRARY EC--S 00 t= 26 l~ 001 129 OK 24 08/03 17:08 92083776449 EC--S 00f22'u 001 129 OK 25 08/03 17:09 208 388 6924 EC--S 00' 25tl 001 129 OK 26 08/03 17:11 2088886854 EC--S 00'22n 001 129 OK 27 08/03 17:12 208 895 0390 EC--S 00-22u 001 129 OK 28 08/03 17:13 128300040 G3--S 0al2Su 001 129 OK 30 08/03 17:15 208 387 6393 EC--S 00123u 001 129 OK 31 08/03 17: 16 ADA CTV DEUELMT EC--S 00.22t, 001 129 OK 32 08/03 17: 17 8885052 EC--S 00j 23t~ '001 129 OK y\eu.st: roSt t!Y Yub\" G \'JOl \ tC - ,y \LJ.-V \..l..-X ~\.1 NOTICE OF REGULAR MEETING MERIDJAN HISTORIC PRESERVATION COMMISSION NOTICE JS HEREBY GIVEN that the Meridian Historic Preservation Commission (HPC) will hold its Regular Monthly Meeting at City Hall. 33 East Idaho Avenuel Meridian, Idaho on Thursday. August 5th, 2004 at 5:30 PM. The HPC win meet to discuss the following items: - review of FY200S budget - discussion of properties for the Natjonal Register of Histodc Places -- review of FY2004 avaHabJe funding -w other business.. The public is welcomed to attend. DATED this 3rd day of AugustJ 2004. ~~. Meridian Histone Preservation Commission - August 5t 2004 AU materials presented at public meetings shaff became property of the Meridian Historic P rese rvat io n Com m issi 0 n. Anyone desiring aCCOmmOdatiOn for diSabilities related to documents and J or hearings. Please contact the City Clerk'S Office at 888-4433 at reast 48 hOUrs Prior to the PUbliC meeting. ( ** TX CONFIRM~~10N REPORT ** (. . AS OF AUG 03 ' 04.. .J.6: 43 PAGE A 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD" STATUS 29 08/03 16:40 PUBLIC WORKS EC--S 00'20t, 001 128 DOKK EC S ~~j 21 JJ 001 128 30 08/03 16=41 12084664405 -- ~~ OK 31 08/03 16: 42 2088840744 EC--S 00' 21" 001 128 EC S 00' 21" 1301 128 OK 32 08/03 16:43 POLICE DEPT -- _____________________ ----------------------------------------------------------------------- r)lt(1Sc PJst fer Publ \c l\Jotltc- , 1 J MERIDIAN HISTORIC PRESERVATION COMMISSION REGULAR MEETING AGENDA Thursday, August 5, 2004, at 5;30 p.mll @ Meridian City Hall - Mayor's Conference Room 33 East Idaho Avenue - Meridian, Idaho 1. lRoJl..call Attendance: ~_ Frank Thomason _ Walter Lindgren _ Tom Hammond Carol Harms staff - Brad Hawkins-Clark 2.. I~evjew of FY200S Budget: 3. Discussion of Properties for the National Register of Historic Places 4_ Review FY2004 available funding I discuss methods of obtaining ISHS funding Sit Reminder of Next Meeting - Thursday, September 2, 2004: Merjdian Historic Preservation Commission Meeting - August 5. 2004 Page 1 of 1 ,(\I) rruueriafs ptesented at publfc meetings shall become property of the City of Merid;an. AnYOne deSiring accommOdation for disabIlities related to documents and I or heanngsJ Please contact the City Crer1<s Office at 888-4433 at least 48 hours Prior to the PUbliC meeting. ~.~"-': "". t04 1('-. <- ** TX C[J'{:.:~ .~T ION REPORT ** RS OF RUG 03 PAGE.0! C1 TY OF MERIDIAN DATE TiME TO/FROM MODE M I N/SEC PGS CMD~ STATUS 01 08/03 16: 44 8985501 EC--S OOtlSn 001 128 OK 02 08/03 16: 44 LIBRARY EC--S OOJ21" 001 128 OK 03 08/03 16: 45 I DAHD STATESMAN EC--S 00' 20~' eel 128 OK 04 08/03 16:46 208 388 6924 EC--S OOt 21.t 001 128 OK 05 08/03 16:47 2088886854 EC--S OO'21u eEll 128 OK 06 00/03 16:48 208 895 0390 EC--S 00' 20f~ e01 128 OK 07 08/03 16: 49 128300040 G3--S 00' 251t 001 128 OK 08 08/03 16:50 208 387 6393 EC--S 00' 19,J 001 128 OK 09 08/03 16=51 ADA CTY DEUELMT EC--S OO~20u 001 128 OK 10 08/03 16:52 8885052 EC--S 00'20n 001 128 OK 11 08/83 16:54 ID PRESS TRIBUNE EC--S OOj19:1:1 1301 128 OK 12 08/03 16:55 20SS8B6?01 EC--S 00' 20" 001 128 OK 16 08/133 16:59 3810160 EC--S OOt28" 001 128 OK 18 08/03 17:01 8841159 EC--S OOt 20u '001 128 OK 21 08/03 17:05 IDAHO RTHlETIC C EC--S 00t 20u 001 128 OK 29 00/03 17: 14 CHERRY LANE ----S 00' 00 J:~ 000 128 BUSY IHIS DOCUMENT IS STILL IN MEMORY [Jlcasc pos-t fer PUbllC f\Jot\CG-~~l MERIDIAN HISTORIC PRESERV A liON COMMISSION REGUlAR MEETING AGENDA Thursday, August 5, 2004, at 5:30 p.m. @ Meridian City Hall- Mayors Conference Room 33 East Idaho Avenue"' Meridian. Idaho 1. lRolI-.call Attendance: ._ Frank Thomason ._ Walter Lindgren ____ Tom Hammond _ Carol Harms _ staff - Brad Hawkins....CJark 2.. j~evjew of FY200S Budget: 3~ Djsctlssion of Properties for the National Register of Historic Places 4~ ~evi~w FY2004 available funding I discuss methods of obtaining ISHS funding 5. f~eminder of Next Meeting - Thursday, September 2, 2004: Merldia~ HiStoric Preservation Commission Meeting - August 5. 2004 Page 1 of 1 ,I\1J !Ntenafs presented at PUbliC meetingS Shall become property of the City Of Meridian Anyone desu'ing ~ccommodation for disabUlties retsted to documents and I or hearings~ pJease ~ntact the City Clerk'S Office at 8884433 at least 48 hOOfS Prior to the PUbliC meetIng,