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Home My WebLink About2002-07-02 :.:.",. ~. C,:.~;~ ";{i'~' ~;E.'. ~.. ..~~.~~t~~f~~~~~~ ~~~... ..... ClrfV OF MERIDIAN ,.:....:.:..',...... ..,...,:... .'...,.:.'.... ,.: .:. f, ..:...,., '...2. (' ,......::.'..,..,. '.... ...., .. : ,. CITY COUNCm SPECIAL. MEETING AGENDA ,':'".,. Tu~sday, ..JlIly 2, 2002 at 6:00 p~m. .. City' CoUncil Chambers :': .:..: ... R611~call Attendance: ,> .,... Tammy de Weerd .... Bill Nary Cherie McCandless'" Keith Bird ... Mayor Robert Corrie .......,..,. ....,.,.............,.,.,':.,.... ..'...... Ad0P~i(>rl of the Agenda:<... Discussion of water and sewer latecomer agreements with Sundance Company for Silverstone Subdivision p[oject: ..... ... ,..":..:.:....,..,i ... .'. i...\ ,i'...,.......... .... ..::.'.i< ., ,. .,.... ....:.., .. ..:. ... ", ..'..'.. \,.'....:. ,.. ..... ......','..:........ i. >.>... ,.....,.,... i . . .:.'... ....::.'............ .... .." . .. Meridian Cily Council Special Meeling Agerid~ July 2; 2002 Pagel of Ii All materials presented atpublic meelingifsliall bi:Cilme property of the CilYofMel'idian. Anyone desiring accommOdation for disabilities relatedt()docllmenlsandlor hearings, please contacl the City Clerk's Office at 888-4433 at least 48 hOilisprior lolhe p~blie meeting, ..:. ,.. ...... '.......i .... .....,..<.. . .. . .......,..... >. CITY OF MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Tuesday, July 2, 2002 at 6:00 p.m. City Council Chambers Ron-ca'rndance: . . Tammy de Weerd X' Bill Nary . Cherie McCandless =z= Keith Bird () Mayor Robert Corrie 2. Adoption of the Agenda: ~VI-<..r 1. 3. Discussion of water and sewer latecomer agreements with Sundance Company for Silverstone Subdivision project: .dl'.) C/d f.( e c-U .- Tt;vbCv t-'I~ L 1-/6 -{) 2- ft....fp-. Mcridian City Council Special Meeting Agenda - July 2, 2002 Page I of I All materials prcsented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documcnts andJor hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. July 11, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST July 16,2002 ITEM NO. Approve Minutes from July 2, 2002 City Council Special Meeting 5-8 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMP A MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS ~ ~.fP 11) Date: Phone: Materials presented at public meetings shall become property 01 the City of Meridian. Meridian City Council Special Meeting July 2, 2002 The Special Meeting of the Meridian City Council was called to order at 6:05 P,M. on Tuesday, July 2, 2002, by Council Member Tammy De Weerd. Members Present: Mayor Robert Corrie, Keith Bird, Bill Nary, Cherie McCandless, and Tammy de Weerd. Staff Present: Gary Smith, Brad Watson, Bill Nichols, Tom Kuntz, Mike Worley and Will Berg, Item 1. Roll-call Attendance: x X Tammy de Weerd X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird Item 2. Adoption of the Agenda De Weerd: Thank you. We do have a quorum. I'm sure Mayor Corrie will be joining us shortly. Item number two, Adoption of the Agenda. Do I hear a motion? Bird: Madam President? De Weerd: Mr. Bird. Bird: J move that we adopt the agenda as published, Nary: Second. De Weerd: It's been moved and second to adopt the agenda as presented, All those in favor say aye, All ayes. MOTION CARRI ED Item 3. Discussion of water and sewer latecomer agreements with Sundance Company for Silverstone Subdivision project: De Weerd: Okay. Item number three is the discussion of water and sewer latecomer agreement with Sundance Company for Silverstone. Staff? Watson: Thank you Council President and Council Members. This is a little out of sequence as you're probably aware and if you've read the memo, you kind of understand the background, We've been trying to develop a latecomer's agreement with the Sundance Company and what they're insisting be included in the agreement is different than what we have done with every latecomer agreement in the past. Usually, we bring a signed agreement to you for approval and it's all well and good and it's approved and we move on, This one has some things that have just not been approved Meridian City Council Special Meeting July 2, 2002 Page 2 of 9 before and rather than wasting their time and signing something that doesn't conform to the past and bringing it before you and having it subject to some criticism, I thought we'd just get these questions answered. I'll get on with preparing an agreement. They can get it signed and we'll get it back to you for approval. There are looks like five different questions that I posed in that memo, The first one has to do with eligible cost. Traditionally, we have included only construction, our cost, engineering cost and easement acquisition, although that's somewhat rare. Sundance has submitted-if I can find it here. I think it's on the third sheet back-some other costs, including what they term general conditions and construction manager that amount to about 15% of the total reimbursement amount. They've also included a minimal amount on an architect and then some for testing and inspection. These numbers are very large, This was a large project. They extended sewer. I think the total footage is probably a mile, mile and a quarter, maybe even more than that. It was very deep. It was in Overland Road, went to the Eagle intersection and the total water that they installed, I think, was almost two miles of water all together. So, these costs are high. I did review them and I didn't have anything on file that was comparable in terms of size, depth or difficulty. The unit prices are higher than what we've seen. That's not really the question. The question more has to do with eligible cost, specifically construction management and the architect and the testing and inspection. The ordinance from my reading of it is somewhat ambiguous. Section 94-19, Part A is sort of the introductory paragraph to the reimbursement agreement. It says that the City may enter into an agreement that all or a portion of the costs will be reimbursed. Then in Part 2, it says no reimbursement agreement shall pay to the user extending the line more than 100% of his actual engineering and construction costs, That's where the question lies, De Weerd: Okay. Council, do you have any questions? I guess I do. None of this was talked about prior to the application or going through the process. Is this something that all came up after approval? Watson: Council President De Weerd and Council Members. We-I've had this information for probably-I had preliminary information around the first of the year. Then once they ended up finished construction, final cost. So, yes, these have been in there from the very-well, pretty much since the project has been completed or almost completed. As I said, we've been going around for three or four months on this. If you're talking about when they initially proposed the project, we never got into this detail. I noticed the letter here that they sent today that they gave us a budget last July and I don't have that in my files. Perhaps they did, but at that point, it's merely a budget. Nary: Madam President? De Weerd: Mr. Nary. Nary: Brad, the question I guess I have is-and you're right. I think the ordinance is pretty broad as to what are eligible costs and I understand the reason that you're here is because our interpretation of what that means is what we've used in the past and this is a little different. In Sub-Part B of both the water and the sewer, they're both-both of these are identical aren't they? I mean, when I look at them, they look the same. It's Meridian City Council Special Meeting July 2, 2002 Page 3 of 9 just ones for water and ones for sewer. When it talks about reimbursement from the City, do we have other examples from the City? Have we built any of these and gotten reimbursement? Did we include that type of cost that they're requesting when we do it? Watson: Council member Nary, We have agreements but we've always just included our costs, construction costs and the engineer. We don't have project managers, I'm not sure what they do on a sewer project. I know what the engineer does and maybe our engineer functions as the project manager. I don't have any objection to these costs. The potential pitfall is that people that come in subsequent and hook on and are charged this fee, they want to go through this calculation and find out what they're being charged for, what they're being asked to reimburse. I don't know if I can defend that one way or the other. To answer your question, we don't have- Nary: We just don't have a (inaudible) from the City side. Okay. Bird: Madam President? De Weerd: Mr. Bird. Bird: Brad, I see on this formula that they sent that their architect, engineer, surveying, testing and inspection was 7.5%. I've been checking over what our engineers are charging us on projects and it's running 15-16%. I don't know if these guys did the same thing or if you had some engineering done on it or if they did all of the engineering or- Watson: Councilman Bird, all we did was plan review. Bird: Beg your pardon? Watson: All we did was plan review on this particular project. The White Trunk, I think our engineering, surveying and I guess you would call it construction management, is probably going to run 15% of the total project. Bird: I think that's probably some of the construction manager part of the cost. The general conditions, I don't know what Petra did at that point. I don't know what they call general conditions on that. Also, Brad, you say they did not give you a budget like other states that you can find or recall? Watson: Well, I didn't look for one specifically after I got this late this afternoon but they very well may have given us a budget but really at the time and quite honestly it doesn't mean anything to me when a project is just being proposed. I'm not thinking latecomer. In fact, I'm sure they won't agree but this is about the fastest we've ever even attempted to turn around a latecomer agreement after construction is done, Nichols: Mr. Mayor? Corrie: Mr. Nichols. Meridian City Council Special Meeting July 2,2002 Page 4 of 9 Nichols: Mr. Mayor, if I can ask a question of Brad? Brad, typically, don't we look at the latecomer agreements in terms of the increased capacity to serve other lands? In some of these, are you satisfied with these costs they've listed or tied in to their increasing the capacity of those lines? Watson: Mr, Nichols, this was-I don't know that they increased any capacity. They created some capacity in an area that had zero. The way that these are structured is that the entire benefit area served by that extension is projected and their proportionate flow is taken out of the equation. In other words, they're responsible for their percentage of that total number of units that they would contribute. The remaining costs are divided out over everyone else's projected units of flow, Did I evade your question? Nichols: Brad, what I'm looking at is, if there was nobody upstream from them at all and they just install the line just to serve their project, they would be the only one that would have cost for that project, but when they do something to where additional folks can hook in, like putting in a pipe that's larger in size than what would be required to serve that development or maybe contributing something that's going to increase the City's ability to serve a bigger area. The difference between what it would cost them to serve themselves and what they put in is what's ordinarily looked at for the latecomer. At least, in my mind, that's the concept. They've done something more than what's required for their development and as a result, those that would benefit from being able to use that system, would have to pay a proportionate share of that benefit. Watson: Well, Mr, Nichols, that may be the way it's supposed to work but that isn't the way they've been calculated in the past. It's like when they build the line. There's one big piece of pie. However much flow they have, they're responsible for that slice and the cost associated with that. It may not even be half of an eight-inch line that they would have extended just for themselves. We just take the total number of projected ERU's in that service area or the benefit area and divided by the total number of projected ERU's, generally. If Council would like, I can talk to them and get some more specifics on exactly what general conditions and construction manager consist of and bring that back if- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Yes, I'd like to see Brad work with them. See what that is, Brad, and see if we can't hammer out an agreement that's beneficial to the City and satisfactory to the developer, to the contractor. I would ask them for their budget figures that they gave you July of 2001. Watson: I can certainly look for that. Bird: They should have it on record. Nary: Mr, Mayor? Meridian City Council Special Meeting July 2, 2002 Page 5 of 9 Corrie: Mr, Nary. Nary: Brad, I guess the bottom line-what's-I understand this is different than we have interpreted that ordinance previously. What's your concern about if we were to change that interpretation and going forward? Because it appears, to me, that it's pretty open-ended the way the ordinance is written and what they've asked for isn't outside of what the way the ordinance is written. It's outside of the way we've read it previously, What's your concern if we were to read it the way they're asking? Watson: Councilman Nary and Council members. My only concern, I guess, is the precedent and I guess we don't see many projects this big that would warrant a construction manager. That's the first concern. That's fine if we want to do this for everybody we can do that. Second, is the projects that come in afterward, after this agreement has been executed by the Council and the developers that start questioning, well, I don't know what costs are. Nary: Wouldn't our answer to them be tough luck? Watson: It certainly could be. Although, I'm the one that gets the phone calls. Nary: Or you want to build your own pipe, you can pay $500,000 bucks and build the pipe yourself and serve your property and hook it up to our system but if you want to just hook on, that's the price of this, It's just a precedent concern really, is what it is to you, right? Watson: There's a little bit of concern and I'm trying to kind of stay away from it. There is a little bit of concern on the people that come afterward on the maybe the due process. They're being impacted by a fee that affects the property they intend to develop that they- Nary: Well, they are no matter what cost we associate with it. Their affect is the same as the level of affect that they have is just the higher cost. The fact that they're affected by having a latecomer's agreement, that doesn't change, no matter what. It's just the amount they have to pay. Thank you. Corrie: Mrs. De Weerd. De Weerd: I believe Mr. Nary pretty much covered with (inaudible). Watson: Can I try to get through these others fairly quickly? Okay, Thank you. The interest cost, number two bullet on there, they're requesting reimbursement for interest cost on their construction loan. Again, that something we hadn't done in the past. Item number three, at least in the sewer reimbursement agreement, says a reimbursement agreement may provide for interest to be paid to the sewer user. The way that's been handled in the past is that the fee annually escalates at a predetermined interest rate, That has been our interpretation, not that we pay for their construction loan interest. I guess the key word in there is may and that's the question tonight. Meridian City Council Special Meeting July 2, 2002 Page 6 of 9 De Weerd: Mr. Mayor? Corrie: Mrs. De Weerd, De Weerd: You know, I guess a lot of what this comes down to is and I haven't read our ordinance and how it's worded and how specific it is on what is recouped under the reimbursement and what costs can be reimbursed to the developer and those kinds of things. Is it specific? Do you sit down prior to applications and kind of discuss how these things are assessed or is it just kind of-how do our applicants understand what all these fees are going to be and how our process is and how to interpret our ordinance? Do we have any kind of information that goes into more detail on that? Watson: Council member De Weerd, ordinarily if someone requests a latecomer's agreement, it's usually after the project. What we have done in the past is simply send them a copy of a boilerplate latecomer or maybe an example of one that's already approved. At no time, until they request a latecomer's agreement, do we start going over the details. We don't have enough time in the week, I guess, to go over these until it gets real and we have a real cost to work with. Although, in this case, I did do some preliminary work before the final costs were in, at their request. De Weerd: Is there-is our ordinance not detailed enough to kind of outline what is accept-what is reasonable and what is acceptable in those calculations? Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor and members of the Council. The way I put it is, the ordinance is just right because it gives you unfettered discretion. You don't-you're not forced to say yes to the latecomer agreement and you're not forced to say what is exactly in it. So, you can have some discretion. I think, in fact, you're not required to enter into one. You can tell the developer thank you very much for the increased capacity. I think there may be some fundamental fairness issues with that kind of approach but at least it gives you the ability to tailor to a particular situation. Now, if you want to say we'll only pay part construction costs or we'll only pay x, you could certainly do that. Even if you did that, I still would recommend that you continue discretionary approval of such agreements because there may be reasons down the road that you can't see today where you wouldn't want to require a latecomer reimbursement. De Weerd: But how do you remain fair and consistent if you don't have certain guidelines? Nary: Mr. Mayor and members of the Council. That's why Brad has always approached in the same and always done them the same because that's what the development community has accepted in the past, both from the reimbursement side and from the paying side. Meridian City Council Special Meeting Jury 2, 2002 Page 7 of 9 De Weerd: This just seems like you're opening a Pandora's Box if you deviate from how you traditionally have figured these and are you going to have people coming back saying, well, you didn't do that for me and I want you to recalculate these. You know. Can that happen? Nichols: Mr. Mayor and members of the CouncIl. I don't believe so. Since it's discretionary and since it's a negotiated Item, I don't believe that you're going to have-I mean, you might have folks come back and ask you to reopen it but I don't think that there'd be a basis to do so. Nary: Mr, Mayor? Corrie: Mr. Nary. Nary: Brad, in the information in the memo that we have it says that this hasn't been done in the past. Do you know, has it been asked for in the past and been rejected? Have we had this type of discussion previously or has it always been done at the staff level and no one's ever really pushed the issue about interest or the administrative fees or any of those things? Watson: Councilman Nary and members of the Council. I don't think either Gary or I can ever remember this being requested. These are usually pretty boilerplate and there's nothing much new that pops up. Nary: I guess the only other comment I'd have I think Mr. Nichols is right. There's a lot of discretion here but what they're asking for isn't outside what the ordinance is either. It's just different. I mean, I don't think the ordinance doesn't say they can't get interest. It just says they may. The ordinance doesn't say that the 10% administrative fee isn't their own expense. It just says there's an administrative fee, It doesn't say it has to be charged to the developer. It doesn't mean it can't be charged on top of a 100% reimbursement to them. It doesn't say. Watson: Councilman Nary, Mayor and Council. You're exactly right and I read the same thing that these could be allowable. It's just that it's so different than anything brought before you before. I wanted to not surprise you- Nary: Sure. I agree. Watson: --at approval point. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess-I don't know if we want more information before we try to give some help to Gary and Brad but, I guess my only concern is if-one of these things that benefits the City is having the developers do this and do it this way because we don't have to front the cost to do it. Now, since they haven't asked before and it's not outSide Meridian City Council Special Meeting July 2,2002 Page 8 of 9 of at least what they can ask for, I think at least deserves some discussion about it because what I would feel is that in the future, if I'm a developer I'd say I'm not going to front that cost for you. I'm not going to do that. I'll build the line to serve my needs but I'm not going to build the line to serve anybody else's needs and so what are we going to do. Are we going to have ten sewer lines running down the road so that everybody builds their own capacity and that's it? That doesn't benefit anybody, That rips the road up ten times. We don't want to do that. So, I mean-I think there's obviously some balance we need to find here that's reasonable and fair. It looks like it's a first impression issue that hasn't been addressed before, I don't think we're on dangerous ground at least discussing it and figuring out what's a fair way to resolve it that benefits at least the City and gives Brad and Gary and the Public Works Department some clear direction to tell the other future developments, that this is how we do it. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Yes. We've always basically been boilerplate and finally we got somebody that's got some other idea about latecomer's fee. I agree with Councilman Nary that we certainly need to discuss it and see what is the benefit to the City plus to the developer because at this point right now, we haven't got in place a fee to expand our sewer by ourselves, which I hope we do but hasn't been done. I would hope that we would- these developers would continue to front the money for us and then recoup it through the latecomer's fees. I think we need to work it out for the benefit of the City and the developer. De Weerd: Mr. Mayor? Corrie: Mrs. De Weerd. De Weerd: I guess I would suggest we table this until the 16th giving staff time to work with the developer because there is no doubt that this is a huge benefit to our community. The creation of jobs and the economic advantages that this development is bringing to Meridian is significant. Brad, do you need anything specific from us, other than please get back to the table and try and work this out? Watson: Council member De Weerd, Mayor and Council members. No. I am not the one pushing this schedule. They are. Although, no one is eminently getting ready to hook on to this so I'm not quite sure why, other than just getting housekeeping done. They want it done now. We have Sutherland Farms and EI Dorado coming at a future point. Anyway, I don't need anything. All I need from, I guess, the developer is to talk about what exactly general conditions and construction manager costs are. I've been through this with them many times. De Weerd: I guess I can certainly understand why they would like to do the housekeeping now. I'm kind of like one of those that need the details before I go too much further. I would make a motion to table this to July 16th to allow staff time to work with the developer to bring something back to us at that time that we can talk on. Meridian City Council Special Meeting July 2, 2002 Page 9 of 9 Nary: Second. Corrie: Okay. Motion has been made and second for further discussion to table to July 16, 2002. Any further discussion? Okay. All those in favor of the motion say aye. Opposed, no. All ayes. MOTION CARRI ED Corrie: Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we adjourn from our special meeting. De Weerd: Second. Corrie: Okay. Motion has been made and second. Any further discussion? There is none. All in favor of the motion say aye. Opposed, no. All ayes. Special meeting adjourned at 6:34 P.M. MOTION CARRIED (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: 711b1tJ2- DATE 1\\\\\ltIIIJI11I1 III r.~!::"n I{ "'\\\~l Of fVh....rlID" 1111// " :<.."'\ '-'11,.: 'l fa ~(p~P0R.4.,.('o ATlfSTED: 2 ~ WILLIAM G. BERG, JR., SEAL [') ... -r~ ~-== -::. Q '\: 0.;::- ~"'1"" VST 1Si ' .:t $" -:, v ~ "- 'l// '-1 ~ ,,$' //11 C'OUNr{. \", 111I IIII /flrlllllllll\ CITY OF MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Tuesday, July 2, 2002 at 6:00 p.m. City Council Chambers 1. ROII.ca'rendance: . Tammy de Weerd _ Bill Nary Cherie McCandless ~ Keith Bird () Mayor Robert Corrie 2. Adoption of the Agenda: ~V~ Discussion of water and sewer latecomer agreements with Sundance Company for Silverstone Subdivision project: a/or CrUs re ~ - Tvf.,b0 ?~ 't 7-/6-02 f1"" fp.. 3. Meridian City Council Special Meeting Agenda - July 2, 2002 Page I of I 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. MAYOR Robert D. Corrie ~., . .~~ ~~1 -. ~.- .....;0< '. .:1 ..f\.;.;i4,.~' .'r ~.';'i~,~"l... ~~ /"CITYOP I~~l~u \...../VI erldl(;rr/~~-;j~ ~\~I ~ IDAHO ~ ~ J "'"~('" /- '<V1"..ftl""""'" _\,..~.J"~Q "'~"S;HiC[ i 1903 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-250 I PARKS & RECREATION (208 888-3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500 'Fax 887-1297 BUILDING DEPARTMENT (208) 887.221 [ . Fa.~ 887 -1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF SPECIAL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, July 2, 2002 at 6:00 P.M. The Meridian City Council will discuss water and sewer latecomer agreements with Sundance Company for Silverstone Subdivision project. The public is welcome to attend_ DATED this 24th day of June, 2002, 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 . City Clerk Oftice Fox (208) 888.4218 . Human Resources Fax (208) 884-8723 7- ECEIVE 2 8 2002 CITY OF MERIDIAN CITY CLERK OFF1CF To.: Mayor Corrie & Council Members from: Brad Watson, P.E. 5~0 CC: File, Gary Smith, PE, City Clerk Date: 6/28/2002 Re: Agenda Items for July 2 Special City Council Meeting The Public Works Department is seeking direction from City Council in preparation of water and sewer latecomers agreements for Sundance Development Company for the Silverstone Subdivision project. The applicable ordinance sections are 9-4-19(A), Cooperative and Reimbursement Agreements, and 9-1-13(A), Cooperative or Reimbursement Agreements. A copy of both of those ordinance sections is attached. I have attempted to produce latecomer agreements with Sundance Development Company for the water and sewer lines they constructed as part of the Silverstone Subdivision, It has become evident that the terms and conditions they want included in these agreements have not been included or addressed in any previous latecomer agreement approved by the City Council. Ordinarily, Public Works staff is able to satisfactorily negotiate these agreements with a developer so that a signed agreement is brought before City Council. In this case, however, I do not believe they will sign an agreement that we prepare that conforms to previous practice. Conversely, we are unwilling to prepare an agreement that they will sign that is so different than any other we have prepared and brought before Council. The major issues are: 1) Eligible Costs. You will note from the cost spreadsheets (Table 1) that the cost of this project was, expectedly, very significant. Sundance proposes that their costs for not only design and construction be eligible but that costs for their architect, materials testing and project manager be included. To date we have included only construction, design (including surveying) and easement costs in eligible reimbursement amounts, @ Page 1 2) Interest Costs. Sundance Company is requesting reimbursement of their interest costs during the construction project through the latecomer agreements (see Table 2). Again, this has never been done. They are asking for reimbursement of nearly $35,000 in interest costs from project commencement through September 1, 2002. 3) City Administration Costs. The ordinance provides for the City to collect 10% of all latecomer fees paid by future builders to cover costs of administering the latecomer agreement. This has traditionally meant that 10% of the balance of the latecomer amount owed to the original developer is deducted from the payments to him. However, Sundance believes the principal amount should all be paid to them and that we should add 10% to the required latecomer payments to cover the City's administrative costs. 4) Water Latecomer, The overall benefit area for the water line extension is relatively small compared to the project cost (see Table 3), Consequently, the water latecomer is calculated to be near $1,000 per ERU. 5) Well Site. We are currently constructing Well No, 23 in order to serve this area and this project. The lot is roughly triangular in shape. The total area is 20,848 square feet. Sundance Company is requesting payment of $1 04,240 based on a "discounted" price of $5/s1. It may not be feasible to recover the costs for the well lot through the water latecomer agreement as the service area for the water line is much smaller than what the well will actually serve. If we did attempt to recover this land cost through the water latecomer agreement, the water latecomer fee would increase $323 per ERU, This figure assumes that Silverstone would also be subject to the well lot portion of the latecomer fee. If Silverstone were not subject to the well lot latecomer fee, the total water latecomer fee increases $425. We appreciate the opportunity to discuss these issues with you and welcome your input and direction so that we can finalize these agreements, Thank you 4~ @l Page 2 'i:'" W -oJ co <( t- en 'C <<:I o 0: Q) '5 IV W ~oiJ ...!.'C 0; .c:'i: '$~ ~O ,:&::0 c:S ::;,.- l-CI) t-C l-Q) ~>< ij)W en .5 Q)ctl =:::E!: :::E!:l- IUS >m rr:~ '0 (I) ..... e n. Q) c o .... e CD .2: 00 :E :::J.... Oll.l f!23 .J::ll.l tOO o Z ~ " ~ LO " o;:f LO ~ f"- '$ ~ '$ ~ ';ft, ';ft, ~ r- " " " LO a 0> f"- co ~ LO r--: r--: 0 m 0 ..- r- f"- co LO a a co ..- ~ (T) co a "t "t 0> (T) f"- a ..- f"-- N 0) (0 r-: LO 0 (T) LO "t co. 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(l) iil . ,5 Q) .5 .....cc<t; 2:iil ~Q.)o-:C::lQ.) >(!)C)<(Wool- TABLE .2 Five Mile Sewer Trunk - South of 1-84 Water Main Extensions - Overland & Eagle Roads Silverstone Project - Total Costs Claimed by Sundance Company SEWER WATER Invoiced Amounts: $590,747.00 $242.723 Construction & Engineering $119.454,00 $53.120 Construction Mngr., Architect, Testing A Invoiced Subtotal: $710,201.00 $295,843.00 Interest from date of vendor payments B Interest to 3/31/02: $13,881,00 $5,703 to 3/31102 (esti mated for water - fig u re not given by Sundance) C Subtotal: $724,082.00 $301,546.35 Sum Lines A & B D Interest rate 4/1/02 to 9/30102: 3.000% 3.000% Interest on total project cost (Line C) from 3/31/02 to 9/30/02 E Interest 4/1/02 to 9/30102: $21,722.46 $9,046.39 F Subtotal: $745,804.46 $310,592.74 Sum Lines C & E G City Administration Fee %: 10.0% 10.0% Based on Invoiced Amount Line A H City Administration Fee: $74,580.45 $31,059.27 Total Latecomer Agreement Principal: $820,384.91 $341,652.02 Sum Lines F & H / SILVERSTONE SUBDIVISION LATECOMER AGREEMENT Tables below list latecomer fee per ERU for various calculation methodologies SEWER WATER EliaibJe Costs Construction, Engineerin onl All claimed costs incl. architect, project manager, materials testing All claimed costs plus construction loan interest Eliaible Costs Construction, Engineering only All claimed costs incl. architect, project manager, materials testing All claimed costs plus construction loan interest Calculation Calculation w/o 10% Admin, with 10% Admin. Fee Added Fee Added $426 $469 $493 $542 Calculation Calculation w/o 10% Admin. with 10% Admin. Fee Added Fee Added $915 $1,007 $1,057 $1,163 TABLE 3 9-4-19: COOPERATIVE AND REIMBURSEMENT AGREEMENTS: A Reimbursement To Sewer User: Should a sewer user at his own expense construct an extension to the sewer system in a public right of way or easement with prior approval of the City and in accordance with the standards and designs of the City and which sewer line extension has been determined by the City to be able to benefit properties other than the userts, the sewer user constructing the extension may request that the City enter into an agreement with the user such that all or a portion of the costs of extending the sewer line will be reimbursed to that sewer user from the connection charges collected under Section 9-4-18 of this Chapter from those property owners who will benefit from the sewer line extension and who otherwise have not paid or contributed their proportionate share of the construction costs of that sewer line and who are required to pay the sewer construction equivalency fee. The City shall not be required to enter into such an agreement and whether or not to enter into such an agreement shall be at the sole discretion of the City Council; provided however, that: 1. No reimbursement agreement shall have a duration greater than ten (10) years unless the City is a beneficiary of the agreement. 2. No reimbursement agreement shall pay to the sewer user paying for or constructing a sewer line extension more than one hundred percent (100%) of his actual engineering and construction costs, it being noted that in most cases at least some of the cost would ordinarily be assessed to the sewer user's own property. 3, A reimbursement agreement may provide for interest to be paid to the sewer user, 4. The City may charge and may receive a ten percent (10%) administrative fee for handling the accounting, auditing, and payment of the reimbursement payments made to the sewer user so extending the sewer line and having reached a reimbursement agreement with the City. 5. Allor a part ofthe sewer construction equivalency fee associated with the sewer line constructed and paid pursuant to Section 9-4-18 of this Chapter may be set aside and earmarked for reimbursement pursuant to a reimbursement agreement. 6. The reimbursement agreement shall be personal to the sewer user entering into it and shall not be assigned without the written consent of the City, which consent will not be unreasonably withheld. 7. The agreement will terminate when the user has been fully reimbursed if the agreed upon reimbursement amount is paid prior to the end of the term of the agreement. 8. The agreement shall be binding on the sewer user and his assigns, successors, heirs and executors and may be recorded as an encumbrance against the property of the sewer user. 9. The sewer user shall be required to indemnify and hold the City harmless from any and all liability whatsoever until the sewer line has been accepted for maintenance by the City, 10. Said lines, after acceptance, shall become part of the City sewerage system and be the sole property of the City, B. Reimbursement To City: Where the City constructs a sewer line extension, either on its own or in conjunction with another person or entity, the City may enter into a reimbursement agreement as authorized above such that the City is reimbursed for its costs of construction, engineering, legal costs and interest (Ord, 482,6-16-1987) 9-1-13: COOPERATIVE OR REIMBURSEMENT AGREEMENTS: A. Reimbursement To Water User: Should a water user at his own expense construct an extension to the water system in a public right of way or easement with prior approval of the City and in accordance with the standards and designs ofthe City and which water line extension has been determined by the City to be able to benefit properties other than the user's, the water user constructing the extension may request that the City enter into an agreement with the user such that aU or a portion of the costs of extending the water line will be reimbursed to that water user from the connection charges collected under Section 9-1-12 of this Chapter from those property owners who will benefit from the water line extension and who otherwise have not paid or contributed their proportionate share of the construction costs of that water line and who are required to pay the water construction equivalency fee. The City shall not be required to enter into such an agreement and whether or not to enter into such an agreement shall be at the sole discretion of the City Council; provided however, that: 1. No reimbursement agreement shall have a duration greater than ten (10) years unless the City is a beneficiary of the agreement. 2. No reimbursement agreement shall pay to the water user paying for or constructing a water line extension more than one hundred percent (100%) of his actual engineering and construction costs, it being noted that in most cases at least some of the cost would ordinarily be assessed to the water user's own property, 3. A reimbursement agreement may provide for interest to be paid to the water user. 4, The City may charge and may receive a ten percent (10%) administrative fee for handling the accounting, auditing, and payment of the reimbursement payments made to the water user so extending the water line and having reached a reimbursement agreement with the City. 5. Allor a part of the water construction equivalency fee associated with the water line constructed and paid pursuant to Section 9-1-12 of this Chapter may be set aside and earmarked for reimbursement pursuant to a reimbursement agreement. 6. The reimbursement agreement shall be personal to the water user entering into it and shall not be assigned without the written consent of the City, which consent will not be unreasonably withheld. 7, The agreement will terminate when the user has been fully reimbursed if the agreed upon reimbursement amount is paid prior to the end of the term of the agreement. 8. The agreement shall be binding on the water user and his assigns, successors, heirs, and executors and may be recorded as an encumbrance against the property ofthe water user. 9. The water user shall be required to indemnifY and hold the City harmless from any and all liability whatsoever until the water line has been accepted for maintenance by the City. 10. Said lines, after acceptance, shall become part of the City water system and be the sole property of the City. B. Reimbursement To City: Where the City constructs a water line extension, either on its own or in conjunction with another person or entity, the City may enter into a reimbursement agreement as authorized above such that the City is reimbursed for its costs of construction, engineering, legal costs and interest. (Ord, 483, 6-16-1987) t<Je;,..~? #2-3 S,'le ~ i 1/ 4 I I :::: '0 ) I }CK 4 )HEET 4 CD N8904S'10"W 88.73' ......... f'.... 't- ... N / (01 ..... ~\~ l() E / . en ~I + .--. N E ,S~3()O(),')' 11 "F ( -Illo. c:' i ij ,--.J ,) [-1('8 ru~" \...,uUr IUUI v . '-.J pany ~" 'Jllll. WCir IH [;,Iliidi )) 1<1 v 1 IJOI:;[ II);\H!I :}3i1J9 (2081 322-7300 IJ~ (108) 322-7307 WWWSUJiddll,;eCliCOfil July 2. 200:: iL'AECEIVEl~}; r(J ~_/ City of Meridian Mayor Corrie & Council Members 33 East Idaho Ave. Meridian, ID 83642 1 c; ._? ')nUonL ,.. --" - '- CITY OF MERIDIAN C ITV r:: t=R k' ()1=1="lr r Dear Mayor Corrie & Council Members: Please find a summary of our thoughts and a more definitive breakdown of these summaries throughout the lener I) Sundance gave a budget to the City of Meridian by July, 2001 and prior to all construction starting. We were able to bring all the projects in under budget and the costs in the original budget such as interest and actual direct time by personnel on the project were in the budget from the beginning and delivered to the city in January of 2002. We are sillprised there are issues now on line items when we completed the project in under budget. 2) All costs were very closely reviewed by the Winston Moore organization and they have paid their share (same cOStS as on our request to the city) again confirming the only costs in this project were direct costs, no profit incentives for Sundance. 3) It is not reasonable to require Sundance to subsidize competition by not reimbursing full costs. Why should a competitor come in at a later date and be subsidized by Sundance to provide water and sewer? Project costs, water costs and sewer costs will be increasing and will become more valuable down the road, why would they pay less than initial costs by Sundance plus interest? 4) The 10% administrative cost that the city needs to pass on for the administration of the late comer fees is reasonable. It is unreasonable to assume that it would be a selling cost on expense to Sundance. The purpose of the late comer fee is to allow people at a later date to come in and pay their fair share of costs for the right to use those facilities. The city';:; IOO/;} administrative fee would be part of those costs and seems very reasonable. If the city required Sundance to pay the] 00/0 administrati\ie fee, the cost of the administrative fee would be greater than all of Sllndance' s percentage of sewer and water costs. rhis is an unfair burden. Thank you for your letter dated June 28, 2002 going to the City Council for clarification on how to proceed with the sewer and water late comer fee agreements. The issues you have in your letter are costs presented to the city prior to construction by Sundance. The line items do not include any profit or overhead. The only costs incurred in these requested expenses are the actual cash costs spent by Sundance without any mark up. That was our agreement from the onset. I think it's very important that a developer such as Sundance does not have to subsidize their competition or someone else that may be in the impacted areas. Interest on money and the personnel costs on these projects are costs that are incurred by independent business people on a daily basis. It's very important to understand that there also were some construction cost savings we attained over public work bids where those responsibilities are placed on to the subcontractors. As you know when the city does a project the city has personnel working and those costs come out of public budgets and the costs of the money is withstood by somebody other than the actual payee. In summary, the position of Sun dance is interest costs and the personnel costs working on the project on their actual time, which was exactly related to their efforts on the project, need to be reimbursed. Emphasizing that we at Sundance have not added in any profit. This is a direct cost reimbursement only. Thank you. S incerel y. THE SUNDANCE COMPANY I' / . .rc1-""'~ ...-.......~-~ .."A 1'/----'. I. ..- i Ryan Anderson cc: Brad Watson Sharon Smith From: Sent: To: Cc: Subject: Brad Watson [watsonb@cLmeridian.id.us] Monday, June 24, 20023:09 PM Will Berg (E-mail); Sharon Smith (E-mail); Anita Overlin (E-mail) Gary July 2 Council Meeting - Silverstone Latecomer Agreements Will, Sharon and Anita, I have been in the process of trying to prepare water and sewer latecomer agreements for Sundance Company for the Silverstone Subdivision project. There are a handful issues I need to discuss with the Council due to Sundance's requests/demands that do not match past latecomer agreements approved by the City. I would request that an item titled IlDiscussion of Water and Sewer Latecomer Agreements for Sundance Co. - Silverstone Subdivision" be placed on the agenda. If that is OK, I will prepare a detailed question/issue list along with supporting documentation for inclusion in the Council packets and turn it into the Clerk's office on Thursday. Thank you, Brad Brad Watson, P.E. City Engineer Meridian Public Works Department 660 E. Watertower Ln., Suite 660 Meridian, ID 83642 (208)898-5500 (208)887-1297 fax watsonb@meridiancity.org 1 Anita Overlin From: Brad Watson [watsonb@cLmeridian.id.us] Sent: Monday, June 24, 2002 3:09 PM To: Will Berg (E-mail); Sharon Smith (E-mail); Anita Overlin (E-mail) Cc: Gary Subject: July 2 Council Meeting - Silverstone Latecomer Agreements Will, Sharon and Anita, I have been in the process of trying to prepare water and sewer latecomer agreements for Sundance Company for the Silverstone Subdivision project. There are a handful issues I need to discuss with the Council due to Sundance's requests/demands that do not match past latecomer agreements approved by the City. I would request that an item titled "Discussion of Water and Sewer Latecomer Agreements for Sundance Co. - Silverstone Subdivision" be placed on the agenda. If that is OK, I will prepare a detailed question/issue list along with supporting documentation for inclusion in the Council packets and turn it into the Clerk's office on Thursday, Thank you, Brad Brad Watson, P,E. City Engineer Meridian Public Works Department 660 E. Watertower Ln" Suite 660 Meridian, I D 83642 (208)898-5500 (208)887-1297 fax watsonb@meridiancitv.on:! NUl \ ;; ,'{)Orc ~ 0u(j/c-'~7 ~ da~ tL; Sharon Smith From: Sent: To: Cc: Subject: Brad Watson [watsonb@cLmeridian,id.us] Monday, June 24,20023:09 PM Will Berg (E-mail); Sharon Smith (E-mail); Anita Overlin (E-mail) Gary July 2 Council Meeting - Silverstone Latecomer Agreements WiII, Sharon and Anita, I have been in the process of trying to prepare water and sewer latecomer agreements for Sundance Company for the Silverstone Subdivision project. There are a handful issues I need to discuss with the Council due to Sundance's requests/demands that do not match past latecomer agreements approved by the City. I would request that an item titled IlDiscussion of Water and Sewer Latecomer Agreements for Sundance Co. - Silverstone Subdivision" be placed on the agenda. If that is OK, I will prepare a detailed question/issue list along with supporting documentation for inclusion in the Council packets and turn it into the Clerk's office on Thursday. Thank you/ Brad Brad Watson, P.E. City Engineer Meridian Public Works Department 660 E. Watertower Ln., Suite 660 Meridian, ID 83642 (208)898-5500 (208)887-1297 fax watsonb@meridiancity.org 1 i \ ?Lt~e. ?01;-t ~y <PVt~ Vlo-ti~ -Lho./Yl)c8! CITY OF MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Tuesday, July 2,2002 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Discussion of water and sewer latecomer agreements with Sundance Company for Silverstone Subdivision project: Meridian City Council Special Meeting Agenda - July 2, 2002 Page I of] All materials presented at public meetings shall become property ofthe 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. ** TX CONF I Ri ( j REPORT ** RS OF JUN 28 '02 14:4I<L. 'RGE.01 CITY OF MERID[RN DFlTE TIME TO/FROM MODE MIN/SEC PGS CMDIl STATUS 01 06/28 14:17 92083776449 EC--S 0121'2121" 001 179 OK 02 06/28 14:18 200 388 6924 EC--S 1<10'19" 001 179 OK 1<13 1<16/28 14:19 888 6854 EC--S 1<1121'2121" 001 179 OK 1<14 1216/28 14'20 2083757154 EC--S 121121'2121" 001 179 OK 0S 06/28 14:20 89512139121 EC--S 121121'2121" 001 179 OK 06 06/28 14:22 208 387 6393 EC--S 00' 21" 01211 179 OK IJ7 IJ6/28 14:22 RDR CTY DEUELMT G3--S 0IJ'38" 001 179 OK 08 06/28 14:23 CHERIE MCCANDLES EC--S 00'22" 001 179 OK 09 1216/28 14:24 CHERRY LANE EC--S 00'19" 001 179 OK 10 06/28 14:25 POST OFFICE EC--S 00'24" 001 179 OK 11 06/28 14:26 208 888 1983 G3--S 00'27" 001 179 OK 12 06/28 14:27 Walter R Johnson EC--S 13121'20" 001 179 OK 13 1<16/28 14:28 [D PRESS TRIBUNE EC--S 0121'2(:1" 001 179 OK 14 06/28 14:29 200 888 6700 EC--S 1<10'21<1" 001 179 OK 15 1<16/28 14:33 3811<1160 EC--S 1<10' 24" 001 179 OK 16 1<16/28 14'40 CHFlMBER-COMMERCE ----5 00'1313" 1<100 179 BUSY TH[S DOCUMENT IS STILL IN MEMORY ----------------------------------------------------------~--------------------~------------ ?k~e. 1>o%i ~r ~!Jl~ Vlah~ -1ho.tl1Jc.s! CITY OF MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Tuesday, July 2, 2002 at 6:00 p,m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ Bill Nary Cherie McCandless Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Discussion of water and sewer latecomer agreements with Sundance Company for Silverstone Subdivision project: M<tidi.. Cil)l Cou..il Spo<iat "f."ing "s<nd<-luly 2, 2002 PoE<lor! All maLaiob llt<=Idl.1 public "'.OliRg:tShlIIl btoolllc JlIOIICl1YoflheCky of Maid;'.. Anyone daUing Kc.ommod:1rion (Of d..i.s::II.bm~ic:sfclata::llo wctlmec.ts ondlor hto.rinas. p[d'I.S-c CO(l~oC( lbe C~t)' Citric's Office at.8U-I433 at ro:azE 48 hours prior to the-public ml;:~iJ1g. ( ** TX CONF I RMAT I L. ,~EPORT ** AS OF , \ JUN 28 '132 14:_. PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 26 06/28 14:11 PUBLIC WORKS 27 06/28 14:122088881193 28 136/28 14:13 8841159 29 06/28 14:14 20888413744 313 06/28 14:15 2088845077 31 136/28 14:15 208 898 5501 32 06/28 14:16 LIBRARY MODE MIN/SEC PGS CMDlI STATUS UF--S 00'11" 1301 179 OK EC--S 00'20" 001 179 OK EC--S 00'21" 0131 179 OK EC--S 00'20" 001 179 OK EC--S 00'21" 001 179 OK EC--S 00' 19" 001 179 OK EC--S 00' 19" 001 179 OK -~---------------------------------------~-~----------------------------------------------~- ?k~e.. 1>0%1:. foy 1>Uc~ v'lo-hce. __rho.~~! CITY OF MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Tuesday, July 2, 2002 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ Bill Nary Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Discussion of water and sewer latecomer agreements with Sundanee Company for Silverstone Subdivision project: Meridi.n City COijncil S~.l MeCling Agcn<la- )ijly 2, 2002 Fot" I of I Al11l1ll1ori.b prexnled at public meetillpsball become I'fopc;ny oflh. Cily ofMoridJan. AnyoM desiring Bccommodation for disBhiJilioo roJrstcd 10 doeume.1S and/or ll<:lllin8S, pl"",. eonlllel lb. CiCy CI....k'$Offi~ 018884433 Bt lensI48 hours prillr to the pUblic meClins- i ** TX CONF I RMATl O!'. .,,,,:PORT ** ( AS OF JUL 15 '02 0~.20 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 04 07/15 09:20 Laurel MODE MIN/SEC PGS CMDij STATUS EC--S 00' 21" 001 179 OK -------------~-~---------------------------------------------------------------~------------ 'Pk~e- rvo~-t Jor 1>(;d?-k Vlo+tce. .-1'hCLtYl}c8! CITY OF MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Tuesday, July 2, 2002 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ Bill Nary Cherie McCandless Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Discussion of water and sewer latecomer agreements with Sundance Company for Silverstone Subdivision project: Meridill1 Cily Co~neil Special Mecti~S Agem!a.-July 2, 2002 Poge I cf I All matcnals "",=tod al public me..i~gs shalllx:come propg'tY oflhc City cf Maidion. /l.nyone desiring Iteommodarion f... dis.!l.bilit;". rtllltod fa iIoeume<lts luuVor henrings. pi case eonlnct the Cil)' Cleric's Office 118884433 atletlSI 4g houn prior to the JlUblit meoting. MAYOR Robert D. Corrie " ~o:!'. .~ Jt~--, " ~,,...,,,,~'J(.I . f . ;t".~ -'f'" 1>... ~ '" "-F~ 'j' ffl'. ~... 'J J' ~ P /' CITY OF &~1ttQ.., VYL erldl{;rn--1r;~\ ~ IDAHO J} ~ y "'<$'0,0 /- 'N~ (: l:'i ,~Q'"CE : 1903 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-2501 PARKS & RECREATION (208 888-3579' F:Jx 898-5501 PUBLIC WORKS (208) 898-5500 'Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887.1297 PLANNING AND ZONING (208) 884-5533 . F:Jx 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF SPECIAL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, July 2, 2002 at 6:00 P.M. The Meridian City Council will discuss water and sewer latecomer agreements with Sundance Company for Silverstone Subdivision project. The public is welcome to attend. - - 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 . City Clerk Ofnce Fax (208) 888-4218 . Human Resources Fax (208) 884.8723 MAYOR Robert D. Corrie "f'+~~.{~~~ ~- ,,'mt:;~ ,Ii: clfe;;dl;:-~ '\ ~ IDAHO ;f ~. ~ c>'iv Q7 ~!1"~'S1H[[ i 1903 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-250 I PARKS & RECREATION (208 888-3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500 'Fax 887-1297 BUILDING DEPARTMENT (208) 887-221 J . Fax 887-1297 PLANNING AND ZONING (208) 884.5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M, Nary Cherie McCandless Keith Bird NOTICE OF SPECIAL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, July 2, 2002 at 6:00 P.M. The Meridian City Council will discuss water and sewer latecomer agreements with Sundance Company for Silverstone Subdivision project. The public is welcome to attend. DATED this 24th day of June, 2002. 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (108) 888-4433' Fax (208) 887-4813 . City Clerk Ortiec Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 ? Le.ccsc ?os--t ~(I?tA.bUl.-1U>+ia "". -rhevn f;-&/ MAYOR Robert D, Corrie . .~ ~ .:t.'1'~~ ); ~ AA-~-. f\ 'I' cMe;;dl;~kJ~ '\ ~ IDAHO i~ .>. /y ~o- 0. /" ""~'l.~q,"Ct , \ 1903 LEGAL DEPARTMENT (203) 233-2499 . Fax 233-2501 PARKS & RECREAT[ON (208 888-3579 . Fax 398-5501 PUBLIC WORKS (203) 393-5500 -Pax 887-[297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd Wil]iam L. M. Nary Cherie McCand]ess Keith Bird NOTICE OF SPECIAL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, Jury 2, 2002 at 6:00 P.M. The Meridian City Council will discuss water and sewer latecomer agreements with Sundance Company for Silverstone Subdivision project. The public is welcome to attend. DATED this 24th day of June, 2002. \\\\111111111/// \\\\ M /11 "'\1 of ERI.'D 1/1/ " -i", ~ III " ~, 0 -1.14. -c.. :;:' (j o?oP R4): 'V ~ ::: _.....0 ('0 -;. ~ ~ ~ - - - - - - ~ SEAL ~ '(...- &::: -;"-G'(I "Qi 0:: ~ "'6 '8r 1Si . ~ .:f "// 'AI ,0~ ,'" / ^ ~ ,'\: tIll ....'OU..,;'! 1 ,..." '1/; ,'" ... ..L\\\ .11 t.: u!: t 1 ~ '\ ~ \ \ 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888.4433. Fux (208) 887-48]3 . City Clerk Office Fux (208) 888-4218 . Humun Resources Fux (208) 884-8723 ** TX CONFIRMATION REPORT ** 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 24 26 32 DATE TIME TO/FROM 06/25 09:13 PUBLIC WORKS 06/25 09:14 2088881193 06/25 09:15 8841159 06/25 09:16 2088840744 06/25 09:18 208 898 5501 06/25 09:19 LIBRARY 06/25 09:20 92083776449 06/25 09:21 208 388 6924 06/25 09:21 888 6854 06/25 09:23 8950390 06/25 09:24 208 387 6393 06/25 09:25 ADA CTY DEUELMT 06/25 09:26 CHERIE MCCANDLES 06/25 09:27 CHERRY LANE 06/25 09:28 POST OFFICE 06/25 09:29 208 888 1983 06/25 09:30 Walter R Johnson 06/25 09:31 208 467 9562 06/25 09:32 208 888 6700 06/25 09:36 3810160 06/25 09:40 2083757154 06/25 09:48 Laurel AS OF JUN 25 '02 09:48 PAGE. 01 MODE UF--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S EC--S EC--S EC--S CITY OF MERIDIAN MIN/SEC PGS 00' 14" 001 00'21" 001 00'23" 001 00'23" 001 00'23" 001 00'26" 001 00'21" 001 00'25" 001 00'23" 001 00'23" 001 00'23" 001 00'39" 001 00'26" 001 00'25" 001 00'31" 001 00'29" 001 00'22" 001 00'26" 001 00'22" 001 00'32" 001 00'22" 001 00'23" 001 CMDj:t 149 149 149 149 149 149 149 149 149 149 149 149 149 149 149 149 149 149 149 149 149 149 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK -------------------------------------------------------------------------------------------- ?LeCtSe- ?OS-t -:fu( Jl~~ 11Jrl-ice - ThM1/:-&/ 'r~~...i~; LEGAL DEPARTMENT ,f ..~~.~ . (208) 288-2499' Fal( 28S.2501 ~-~I!t.?';,'I,~ ~ CITY OF .ilit~I~ti[ PARKS & RECREATION ''-<:-;rP "',. (208888.3579. Fax 89B-5501 erzdian J'/ ",:, PUBLIC WORKS I j ~; (208) 898-5500 'Fad87-121)7 IDAHO y .} BUILDING DEPARTMENT ,d. (208) 887.2211. Pal( 887.1297 ,v ~.cc PLANNING AND ZONING , 19bJ (208) 884-5533 . Fax 888.6&54 MAYOR Raben D. COI'I'ie CITY COUNCIL MEMBERS Tommy dcWccrd Willinm L. M. Nary Cherie McCandless Keith Bird NOTICE OF SPECIAL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, July 2, 2002 at 6:00 P.M. The Meridian City Council will discuss MAYOR Robert D. Corrie , ~I. :~ l"~~ .~;'r~'ff:!i~~.. .~ ~--J; =:?;~r~ ~ olfe;;;;i;~~; '\ IDAHO i ,/ QrNCE . \1903 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-250 I PARKS & RECREATION (208888-3579' Fax 898-5501 PUBLIC WORKS (208) 898-5500 'Fax 887-1297 BUILDING DEPARTMENT (208) 887-221 I . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd Willlam L. M. Nary Cherie McCandless Keith Bird NOTICE OF SPECIAL JOINT WORKSHOP MERIDIAN CITY COUNCIL & ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the Commissioners of the Ada County Highway District will hold a Special Joint Workshop at Ada County Highway Districts Office, 318 East 37th Street, Garden City, Idaho, on Monday, July 1,2002 at 12:00 noon. They will be discussing planning and servicing issues and items concerning both agencies. The public is welcome to attend. DATED this 24th day of June, 2002, \\\\\\\llltlll/IJIII dt 4 ~ ,\\\\ of ME:~ ""f ~. ~ ,\ ...c:"\ '10, "... " ~ " '"'1. 'l f' (j ~(pfWOFlA,7"~ '1- "\ WILLIAM G. BERG, JR. CI CLERK ~ - - - ~ ; - - - - -p C? 2 -;. (/Q C5 ~ %;'0 OSr 1 Si ." ~;f '/ AI ......~ " ...... C \v " ......,; OU."~T'{' \\\' 'I,. . . \ \ \ \ 'IJ!!'~:':!1 ~;~~\\\ 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433' Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resource.~ Fnx f:?:O!n RR4-R7~, ( AGENDA JOINT MEETING - CITY OF MERIDIAN/ACHD COMMISSION JULY 1, 2002 - 12:00 NOON ACHD AUDITORIUM, 318 E. 37TH STREET GARDEN CITY Update on Locust Grove Overpass ACHD (Spickelmier) II Update on Overland Road Project, east of ACHD (Spickelmier) Meridian Road to east of Eagle Road III Other Projects Currently Underway or about to ACHD (Levihn) Begin in Meridian IV North Meridian Planning Study ACHD (Richardson) Elected Officials V Other (time permitting) 2 WilI Berg From: Sent: To: Subject: Susan Slaughter [Sslaughter@achd,ada.id.us] Thursday, June 27,200210:10 AM bergw@cLmeridian.id,us RE: Joint Meeting 1iifDl.. .................. U The Commissioners wanted to add the North Meridian Area Planning study. See attached agenda. Meridian City Joint Meeting Ag... See you on Monday. Susan >>> "Will Berg" <bergw@cLmeridian.id.us> 06/25/02 OB: 30AM >>> After the City Council meeting last night, I asked a few people for some items and this is what I received: - update on the Locust Grove Overpass Project - update on the Overland Road Project update on the project in progress or beginning in the Meridian area thanks . Will -----Original Message----- From: Susan Slaughter [mailto:Sslaughter@achd.ada.id.us] Sent: Monday, June 24, 2002 10:05 AM To: bergw@ci.meridian.id.us Subject: RE: Joint Meeting Great - I'll hear from you after the council meeting. S, >>> "Will Berg" <bergw@ci.meridian.id.us> 06/24/02 10:02AM >>> Yes as far as I know. I don't have any agenda items yet. We have a City Council meeting tonight so I will ask if they have any items for discussion. Thanks. . . Will -----Original Message----- From: Susan Slaughter [mailto:Sslaughter@achd.ada.id.us] Sent: Monday, June 24, 2002 8:05 AM To: bergw@ci.meridian.id.us Subject: Joint Meeting Are we still on for next Monday, July I? Do you have any items for the agenda? Susan 1 ( ( Meridian Projects - Current FYWP July 1,2002 Following is a list of project and scheduled construction year for projects in the FYWP: Roadways Eagle, Victory/Overland Franklin, ~Eagle/Cloverdale Franklin, Main/~Eagle Linder, FranklinlUstick Locust Grove, FranklinlFairview Locust Grove, Overpass/Franklin Locust Grove, Overpass McMillan, Eagle/Sportsplex Merdian Area Arterials Overland, Meridian/Eagle Overland, Eagle/Cloverdale Overland, Linder/Meridian Ten Mile, CherrylUstick Ten Mile, Franklin/Pine Ten Mile, Pine/Cherry Intersecti 0 n s Main/WaltmanlMelidian/Central Fairview & Cloverdale Fairview & Hickory Overland & Locust Grove Overland & Meridian Pine & Linder Victory & Cloverdale Victory & Eagle Q:\PJan&Program\JVleridian\02-06 Meridian Projects.doc FYPD FY07 FY04 FY07 FY 06 FY 05 FY 06 ITD in PD, FY08 = earliest available? FY06 FYPD PY03 FY06 FY 07 FYOS FY07 FY06 FY04 FYPD FY07 FY 03 (with roadway project) FY07 FY 07 FY05 FY05 J..il .. G!~d18j "":.9 ULllilWJ~J JII. t~ _ !!i~~ '~~lJIDl1W 'ri0ill.1 .)~ f !~;~I' ;'~ fW1.........~. rn ,,.In.I k~lillilJJj ~ 1. Economic Study in the Works by ACHDIWGI . This is the second phase of the WGI traffic study conducted by ACHD. The purpose is to evaluate the right-of-way and improvement costs to upgrade the roadways in the NMAP. Study is currently in "draft" form, while waiting for recommendations from Plan. + Right-of-Way is expected to total almost 100 acres at $0.83 per square foot. . Capital Improvements: New construction and right-of-way = $74.6 million + System Improvements: increase service capacity only = $34.9 million + System Improvements are impact fee eligible. Estimates of $15 to $30 million in general impact fee revenue. Depends on uses, and individual assessments, due to location near the state highway system. 2. ACHD Concerns Regarding "Draft" North Meridian Plan . Black Cat Road: The study assumes that Black Cat will be designated as the north-south highway connecting SH-20/26 to 1-84. This assumption is not based on any study, and in the end will be determined by environmental studies and federal funding. ACHD is acquiring right-of-way for 5-lanes on both Ten Mile Road and Black Cat Road, and recommends that this assumption not be inCluded in the NMAP. . Creation of a new Impact Fee Benefit Zone: A new zone could create a "hardship" for the City of Meridian and would require significant input from City leaders. There are many existing roadways outside of the NMAP that are in need of widening, and this proposal would take impact fee funding away from other roadways in the City. . Partnerships?? Innovative ideas?? Funding?? 3. What's Next? . ACHD will refine the Economic Study to reflect updated recommendations on lane widths, . ACHD will determine what has been approved in NMAP since Summer of 2001. . NMAP Transportation Workshop on July 11th at 1 :30 PM in ACHD Auditorium, hosted by Mike Wardle. MAYOR Rohert D, Corrie 'r~~J~~~;~ A . ~ <::l'fX j!: cUe;;d,;;:t; ,\, ,~ IDAHO / A Y y~ ('" /- "/ "f.~R ;o.l 0 "'~'jSI~CE ! 1903 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-250 I PARKS & RECREATION (208888-3579 - Fax 898-5501 PUBLIC WORKS (208) 898-5500 -Fax 887-1297 BUILDiNG DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 - Fax 888.6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF SPECIAL JOINT WORKSHOP MERIDIAN CITY COUNCIL & ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the Commissioners of the Ada County Highway District will hold a Special Joint Workshop at Ada County Highway Districts Office, 318 East 37th Street, Garden City, Idaho, on Monday, July 1, 2002 at 12:00 noon, They will be discussing planning and servicing issues and items concerning both agencies. The public is welcome to attend. DATED this 24th day of June, 2002. """"u",,,,,, ~ 4 ~ \\\ f Mr:- /1/ ~ "" --{ 0 t:.:.Fi/o 1111 v if' / ~ ",~ '4. ~ ~ / () ~c,oWOR",.(!() '1- '\ WilLIAM G, BERG. JRCI~ClERK - - - - ~ ; - OJ 2 - Q "C!:i 0 ~ %"YO ve, 15\ . ~! ....... ':</ ^~ " /.... C \v " 1"'111/, OI.1,\JTi . \\\\\\' o/I!!};:!i :!~;'1\\ 33 EAST IDAHO · MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 . City Clerk Ofl1ce Fax (208) 888-4218 . 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I I ~ ..: ~ l{J "'d'<JO/J~"'13 ,J~ \.'1"'...... ~~~~ ~~~~ :b~!::l::- o:~i!::: ~"'g;~ ' ';tS!......l;l ~~~?l~ V)C:i....o ~u..~~~ -~L1f.u~ ~o:~~;:: ~~~~~ ~<>~~"l s~'--<;j'{ ........~:5iS ~M~~ oj ~ ~ ... ~fii Gi!j12 S~ i5'S~tu~~ :t~~i!:~>; a:~~~~~ ~~~~~~ ~5\1~~~ ~;;;it<!~O': . "8~8"-~~ -'8 \/~..~ ~tJ~"'l;lli;eJ &1 i----"";-:c((t:'- ...;~~~il:~1i; ~ ~ ~ ~ Vl ~ Vl <>: ... '" a.. ... 1'1 cr: 00 I"i w ..!. ... "- :z > + 0 Ocr: ~ ;:; WW '" wO I- ;:: ~OVl V1 w z<;(o :> 00<( ?; utro z wcr: 0 D>W ;:: wo> <r ~tro '" w<.;ltr Z cr:1-<.;I 5 I-Vl I- u. Vl:J Vl Wu 0:0 ::l a..-, u 0 i:n -' l"- N d ~ :z .::1 I- l~ a. ll) <T o ;:: <T 9 .. .". ., I 0- f- V1 I :::; (i) z 8f-o f-oz o<~ ;rf--::<: <t;~e-. ~1S:~ .....<1)~ zc.. <w c::-Cl e-- 10 .~~~ i1;';~ g ~~~~ :J~i~ ~~~.... I I I , r~~ "N 11" ~~ ~:i " ~ ! ~ ~ ~ ~ ~ I~ I" !!! I~ :~ 1:i ZW :;: l '" I'tI;I ./:'i'WI;' llJ~r.f;;I.f~\1 '\lJJ..LO 1./ uo~ 'III i .11l,:';; \ D~l) ~,"ti \ ~ OUj,*,;I-.J;Q \CCV:l-...OII 0 0 ~~ l-)\ ~ 'J;w \ II! I "\!""J 'II j ......~. -s, f.r' ?'~\. ...~~ ACHQ. ""- 318 East 37th Street - Garden City 1083711 387-6100 - Phone ...... Name Title Ext Cell Phone . q6fiiii"li~'~ic:jr1 !David E. Wynkoop President ;Dave Bivens 1 sl Vice President iJudy Peavey-Derr 2nd Vice President !Susan S. Eastlake Commissioner Sherry R. Huber pommissioner ; 110! =?ft~J !J Schweitzer Director ! 1101 JSusan Slaughter Senior Administrative Assistant i 110! 1 e(l~iJB;R~i~m~Ws5i~;'!;s;a~~2;(;J:jl;.;!'!nj;;:3~;~&:Jj!!2!~I:I1W;~S0;;!~!;~;lfiW:!f0i~B!;ii~1FI:~ 'Craig Quintana Public Relations Officer ; 1071 890-1725 I :Christy Foltz-Ahlrichs Public Relations Specialist 11081 841-4594J eiaHrIRg(erggF~mmm!gl'g9~t'E~tim~6g;;:!0!;;lW~1~J~1;ii0J;jfy;;'0j!01Ji~&IT;;;;~~l;i JKatey Levihn PPC Coordinator 1091! [Don Kostelec Transportation Program Planner i 234: [Barbara Kerbs Secretary ! 119! : i3'it@l"e:S:sn~ii~1J?Q~;f:~f~!J;1:1!;itV!][W;~;~II;I*~:TI~if;fg0~!~;B:I~lW~v~ iLarry Sale ,Business Relations Manager 11181 i g:~-g~I~~J~f~D;~.~Z-t,~:~_::1.:~:i!:\~!R%J~~~*I*~j~~~0~gffr:*~lf~~!JillI}1lIJ~~~t%%~ifiJITi1fWfii~~t;;~t~~?;M~1~jJ:!~~~r@~IB.~~;{lil~i% 1112! 1 1141 11301 ! -- 'A~~pGijtlngd~i;i~;i~!;'!;!;~'i:!;(,~j;fu!!;!;!,1j;;(:;;;;';Br6~:0;::(1!N0!'li~;~~iTI~'),';1)!;*N,;!\!I;;j))!;;!;!;!I(;%i:%;~~~~iW;1 !~ichael L, Brokaw ManagerfTreasurer 1 122! j' iNina Barton Assistant Manager I 1231 , :Pat Heckmann .Budget Analyst i 127i Ipeggy Smith Administrative Assistant , 1251 ,-' IKen Cooney Data/Cost Accounting/Payroll i 128: !Jenn Humphries IAdministrative Clerk 1121 i [Angie Merrill 'Payables i 1241 iDarJil Young 'Receivables 11261 ISue Fisher :Receptionist i 1011 iCh'fistine Boyles :Administrative Clerk 11021 t~f~'fm7iti9tlY~Y1;tEi!M)@j'ffiiIi;~I~~g;~~~i~k;~li~i~!WjJ!~i..i~1 iSteve Gifford Information Systems Coordinator 11151 861-35151 [Vic Dumatol :Personal Computer Specialist i 1161 1 '. !Eleanor Vonberg ;Database Prog rammer i 131 i .g~'8gHipm~nVlfgfffi~t[6fi'!Sy~t1l:rn1(GJ. !Julie Brown ,GIS Coordinator [Chuck Spencer :GIS Analyst :Steve Willer GIS Analyst ,- . !Sharon Anderson 'GIS Analyst !Diane Rausch :GIS Technician I 2441 H[jw"'aH1~~sQG!r[g.51"B;~i!'0::'i\T:j1i;;~;;!j{~)!ik!l:10!!!;~!;rkf!,~g?ti;Wi;!;:f;;;[)fiV0!w!;'i:~i.1:~~I~;1%;11i;ii;;~ (Shari Knauss Personnel Coordinator 105 IKellie Larson ,Personnel Tech i 1061 'w.~a.~_ ~~ Rosenlund PE 'Assistant Manager i 1451 794-1361 I Ipat Birkinbine 'Administrative Assistant 1141! ! iAshley Newsom 'Administrative Clerk 11431 I !General Counsel iBarbara Beehner-Kane ;Sr. Staff Attorney Tuesday, July 02, 2002 11 :28:01 AM 387-6391 - Electronic FAX 345-7650 - Hard-copy FAX e-mail: tellus@achd.ada.id.us Web Site: www.achd.ada.id.us Name Tille Ext Cell Phone j:1Mi1li~(IQf!{lfeQQg"l~~~~;5Ki1m;iis~:'!IT'ili~;i!ij0;11~~)~FIITi~ Mike Viflnave PE "iTraffic Engin~eri~gS~p~rvi~~~ '" 146: 794~1362 Shawn Martin PE Traffic Design Engineer 1541 794-1369 ,Craig Herndon EIT Assistant Traffic Engineer 144: John Wasson Assistant Traffic Engineer 151, 794-1360 -Bryan Huey :Designer 147: >Tom Satorie ,Traffic Analyst 1501 794-1352 :Sue Alex Traffic Analyst 149! Jacque Shrader Traffic Tech 1481 794-1358 :Norman Sullivan ,Traffic Tech 1521 794-1368 Jeremy Tutly Traffic Tech 1521 I7at(j7;!Q~~~~[f[1)Y~~3]Z-.ji9m~:;{X;3~I~2;111~I;~~8%~:iliI;':j)m IBernie Valentine 'Superintendent 1921 Kathy Allen Clerk/Dispatcher 191 i ;Gary Dalton Electronic Specialist 194: Chris Smith ,Electronic Specialist 193! Rock Ware iSignaf Inspector 2001 841-3779 'Tony Kinch .Signal Shop Crew Chief 199! !Juan Oleaga ,Signal Construction Crew Chief 2011 890-8853. :Dennis Frank :Sign Crew Chief 2031 iRon Sperl !Sign Crew 2041 IMike Fowler IPaint Crew Chief 212! 859-0182, ,Mike Welch 'Paint Crew 2131 ;ON-CALL NUMBER I 890-9729. ICenter Bay , 2071 iBack Bay '.2081 iWOOd Shop , 2091 'Lunch Room, ' 2061 q'~();Q\~&6:~'gi!~11't1fi;13J7~~~';;~W\~lf%;~~$&~~~~~~5j!j ,Jim Larsen iTraffic Operations Engineer 1961 794-1364 i Mike Boydstun ;Assistant Traffic Ops Engineer 1971 794-1367 i :Wendi Tillman jTMC Specialist 1981 794-1365! ~o":"" F iCatherine Sanchez :Commuteride Coordinator 866-15151 iCecelia Hockett :Commuteride Service Rep 871-7665 j !Kevin Nye !Employer Assistance Rep 1651 869-1300 I :Jarred Blankenship ;Employer Assistance Rep 1671 866-5500! iSusan Kyle IAdministrative Clerk 1661 863-8903 I !LUCY Brown jStudent Helper 1611 863-89081 ,Diane Baconguis :Student Helper 1631 863-8909! WbI!!.J~w~\Jt~;_ .Ri!]fj'tKQ~*~~YZ;~]l;!~y~fR;pm:~fftr~~ffil!:f3jbi;i~~~ti6,1]~ti!!F'~~:~~t~6"~g~,,tg;;]l{%0%jli !Manager 1851 ,Nan Hills Administrative Assistant 1731 IKaren Pennoyer Account Clerk 2711 'Debbie Brown !Administrative Clerk 1721 ,olivia Cunningham !Student Helper 1701 IKristieAgbeko !Contract He:~er ~.. ... ~7ol_ ~_ I Pe:~[~~~ffft3,~!~~;t~~~$3931F!0'j00!~i~i!z';@;~j;j~';~ :Gary Inselman ISupervisor 1801 850-0309: 'Kehdall Kemmer PE ,Transportation Engineer 1831 IShelly Reynolds iSenior Development Analyst 1761 ,Scott Rudel iDevelopment Analyst 1811 iDennis Cline ISenior Development Analyst 184! . RI~nnmgJ!!~~YIt[8,zt~}iZ~@m{~3!'lt;;;;;;;;ff;;0;;YJ8';I~t;f:ii;1~1~~i~1Wij :Christy Richardson iSupervisor 1781 ' Page 1 .<::;;~-~\ '~'I\CHD .... J ~ .- 318 East 37th Street - Garden City ID 83714 . 387 -6100 - Phone \ Name Title Ex! Cell Phone Name Andrea Tuning Principal Development Analyst 177' Jerry Hopkins Joyce Newton Development Analyst 171 Phil Rittenhouse Craig C. Hood Development Analyst 1741 ,Dennis Meredith . i{f~~t2;;f~W~y':''J.\.;.i~87}6279}?'~A)('3~1~3~[j:..~}j;1;'";J87;1?;TT:::1~~?'rZf;:U!jj:l~:i}.'jj.:;'1 !Richard Ross Randy Lane Supervisor 272' 890-3254. Regina Cunningham Marilyn Adarbeh RW Specialist 276: 867-2644 : Gail Struhs Mike Churella RW Agent 274: 371-3070' Zq7f~il'gctoiSTIr1: '7"':'~'\7;;'1;;!0j7j:1;:El:.:::71::7:;:T:"'"'TT:;:;:7G77E:t;::~;:;;] Kathy Smith RW Agent 275i 867-2346 . Larry Zurek ==~=~~:,^:rlf;~:~==~. ~~::~::~;~~:an L. Kent Brown PE Manager 222! 867-3104. Jim Pickard Dorrell R Hansen PE Assistant Manager 223i 850-5030 : Steve Walker Misty Perry Administrative Assistant 221 I Jon Thompson Qimiie~:;:"""'::;:"';':'" ........:.:.:: ......... .... "-"X:;:;';,?::.;.;,..:, ,:. '.,.. '.' ....Sl;;!.:;j.::h:1::;~i;jJH Marco Piva Chuck Rinaldi Utility Coordinator 2581 866-2057 ' ,Ed Merrill Jason Madenford Utility Specialist 259' 866-2600, -- - Garrick Nelson Student Helper 265, 310 724-2680 .Desi~H':';.38726225'li94-2~92Demgn'fiei(fP!170W:j:jT'T'::';jj:'.iSl;::;f~:I;W;\l iDennis Alloway Senior Engineering Tech 311 724-3202 Steve Spickelmier Supervisor 227: 794-27001 'Lawrence Korgan Senior Engineering Tech 312! 724-2480 Tracey Flores ,Secretary 225i 'Ryan Fisher Lab Tech ' 313: Dale Kuperus PE Design Engineer 2291 794-2696 i ~~;:'l._ o a rrin Carroll Desig n Ag reemen t Ad m i n istrator 235, M~();;A.drri.r l'i'3r:.:11'>~~~7iG3.Z(}i?t~~)'?:f,~:'frjii0f,H.iii'l;lEi;!;i'.' ...... .;. 3;i:i,::j!,ii.'i~'12j'iiW]:i!:!ii;j.jt~il:,1 Beverly Hopkins ,Senior Designer 231! ,Errol Morgan Manager ; 322: 861-4845 i Jeremy Andree Designer 232: ,Derrick Morris Assistant Manager 323! 484-7097 ' Ramon Wells .CAD Operator . 233: , !Jeannette O'Dell Administrative Assistant 321, I SilrveyAEi)::iiiC',''''i'!!'''7:.. . ...!....,._..._...~. !.~i7:,i;i.:...,...... . . .;c7.::::;g;i0.iii~~;m2;::i Ni~(j}{ifi?a~'dams]'3?3P'}A[aIllSEzi87=632siTFAg'387~328;;;;:~:.;:J;i~~1 Steve Padoris Survey Coordinator 2451 794-2695 :Randy Noble Superintendent 3271 484-0390; Aaron Bell Survey Party Chief 246: 794-26931 IKaren Arnold Clerk/Dispatcher : 3261 'John Fisher Instrument Operator 246, 794-2694: ~~'Qerotl.i1fMarliig'iiment:~;:~~S:\m,}i;'~:i:.~ii:iT:S)}i,!:i !~''''iC::J''::ie?e::-'J<mG::l Ri~~S~inn.~r Survey Technician 246: .George AltonSr Pavement Management Tech 330i Andy Conner ,Student Helper 246, 'Mike Cleveland Pavement Management Tech ; 3311 Oiainag'e:i;T,J; . ......'. .....::;7;;i::;::.s::8)!:;]Ei]~ IEric Droz .Student Helper I 330. Art Jenkins PE Civil Engineer 252:631-2241i~1I[tmlin0Wd~;r;;cr,~Ylrg5igf5'i~0"W;:;:';;:., .' ....;;;:';i;i;};;1!trmY};:};;~(?"j Charlene Glass Secretary 251., :Chuck Lakey 'Utility/Concrete Crew Chief ; 3321 484-0394 , Ross Oyen Assistant Civil Engineer 256: 869-8705 i :Jeff Brockett Drainage Crew Chief 333. 484-0393! Erica Anderson Maguire Stormwater Quality Coordinator 254; ,Kevin Barton Broom Crew Chief 337, 484-0397 ' Tom DWon 'Stormwater Quality Specialist II ,2631 484-5286 i IJim Michaelson Grade Crew Chief 336i 859-5406 i .Monica LoweStormwater Quality Specialist I 255, 861-18641 iON-CALL NUMBER i 848-03981 'Rachel Lawrence is tormwater Quality Specia list I 260i~Qruri?iiQ;~.mr~:$h:9PY~1lillIrng;;:P;~[([~[8i;634o'3)[,,'-;;li;;',':,F;1:;8'1;;J;g':i;~mYi'i Dana Novak iStormwater Quality Specialist I 261: , IRon Archuleta :Shop Foreman 341!: 'Heather Johns :Stormwater Quality Specialist I 2641 794-68921 'Arvin Cunningham Weld Shop 344; 484-0413 i !Rebecca Repp .Student Helper 268i! :Mike Adams Yardman, 346: 866-2625 i q6r;sWGtfiC;o:';[:!:rr~87~62"8i.i";;FAX'j381;:628~;:;;J:J::;"';:,j;u;r.;;:. Ti';;;;EiliIT;i;;)if~3";~%i;:;f;~~ IS hop Bay Phone '.'.....,..............:'......._......'............"...:...;:....:;...".,.i:......:.....3..:..::.....;.:.4..:.,..:..:..,..".2...:.....,........,.::...:.......'..........;.:.'.:~.........~,:......_....,.......:'.,:.,..............:'...................................i..'...,..........................:...,.....:....'.................1' .John Edney Supervisor : 2831 724-3172IPd~~uf~[Q;J\tl[ill;s.;~;Stiif~rrrif;fiW:ffi;i7);1;138:ff:i:i'; .. .. . . Belinda Mcllhargey Secretary 2821 I ;Shop Area I 3401 I Administrative Clerk 2841 ! :Training Room i 339: ! pr.ojeaTrislfe'Cto~~Fs:;;..":....:: .;:.:......m;::;y.0'..8f2?;2;;;1TI;s:::;'s"i';:rtf;~~~;f0'ii1W0Vij~I&'q;BY'rafKC:ThYE;tdij'e'f;{449'~lgIoy~.rcm);{i:;.38!:6350:;::FA?<;3[7]~g4f0:;B;:j :Jeff Bowman :Construction Coordinator 290i 724-3217 i iDuane Hays ,Superintendent . 3521 869-7637 Breege Orth Contract Administrator 291 I iToni Kingsley ,Clerk/Dispatcher . 351! 'Angel Yo u ho use Student Helper : 291' l\r1'J:o;F{~FiiI;.;gT9~rdale;s.c;eW;~W;:;i;:;;[R;:;;;:;::@{;'...;'.;": ;:;V:::';T:?:~";';:.i;:~I;ff.;"f?:;::;1 iDave Longenecker .Resident Project Rep 2921 724"3320. [Jerry Mooney IPatch Crew Chief : 355: 484-0417! 'Marvin Buster Resident Project Rep ,2931 724-27361 ISteve Adams :Patch Crew 484-04181 ;Scott Wasson 'Resident Project Rep 294. 724-2471 i !Gilbert Tuning Utility Crew Chief 3561 484-04141 'AI Busche Resident Project Rep 295: 724-3215! .Scott Frisbie Drains & Utilities : 484-0416 i :Bill Thompson ,Resident Project Rep 296i 724-3037 i iDon Shaw Drains & Utilities 484"04151 ;Scott Chambers iResident Project Rep 2971 724-3106! IDoug Brodhecker ,Lead Arborist . 484-03831 ~H~~)y(~tgijZ~_E[~g!I~:[e'~:~l[~J;.;:.][~;:IT}JRlt;::rilis;~lt<j:':i!3:[~~~~JZF%ff~~~;U iJoe Stutzman iGrade Crew Chief ' 3531 484-03881 Tuesday, July 02, 2002 11 :28:02 AM Page 2 Title Subdivision/Bridge Coordinator Subdivision/Bridge Inspector Subdivision/Bridge Inspector Subdivision/Bridge Inspector Subdivision/Bridge Inspector Subdivision/Bridge Inspector 387-6391 - Electronic FAX 345-7650 - Hard-copy FAX e-mail: teJlus@achd.ada.id.us Web Site: www.achd.ada.id.us Ext Cell Phone 300, 724.3608 2981 724-3751 306: 724-3723 305i 724-3796 2801 724-3582 2801 724-4597 Permit Inspection Coordinator Clerk/Dispatcher Zone Inspector Zone Inspector Zone Inspector Zone Inspector Zone Inspector Zone Inspector . 3081 724-3173 281, 301 724-3193 302 724"2761 303: 724-3379 304; 724-3304 297' 724-3178 301' 724-2508' ,.J~~-3:: ~f-f. "'~1":;i;~~ . ACHQ. 318 East 37th Street - Garden City ID 8371f 387-6100 - Phone ..... Name Tille Ext Cell Phone Name rsm Kennedy lGrade Crew i 484-0387 ! .M~p',!;tlu:~I~9'lgX!f~ill"~.)E:q~rpm~Qt!~:e:f,~m:::~~jKwj'lf.:I'~f~~'" ,Jeff Storkan IEquipment Services I 3601 484-0384 :M~:p;~:aM~J;{~'9~fltP_~1~1!Ii,[~:"~.Q9Pii~~t~r~$~~~~lri1t.~.~tt1~~iiwii?~~t~ ~ Jerry Trowbridge iTireman ~~ !M:~g;RufartG'l6.v~r[ai~:~!i31'iITlffi)9JlB~1;~~~~:*if~;'~I~t~;;B:~&;M~ij*;;i;;iiJ\it<<.~Vj1J Tony Wallace Carpenter's Shop ! 3651 841-3469 Lunch Room 3631 Tuesday, July 02, 2002 11 :28:02 AM Title 387.6391 - Electronic FAX 345-7650 - Hard-copy FAX e-mail: tellus@achd.ada.id.us Web Site: www.achd.ada.id.us Ext Cell Phone Page 3 PUBLIC MEETING SIGN-IN SHEET ~ DATE /kt.?Yt-d' air I ;;?V(:J II 20 0 2- AGENCY/COMMITTEE ~-J.. Wifl.../cd"l1-d?p -C/i:; Co~~ I N-<::-f/0 (~rvv/dJ/~J AGENCY /tum ;r~Hj) TELEPHONE 3g 7-?/() cr 3'&1-101 d3 A- HJ:) fJ L H r:::> S1.tG ~ ~V) 377 -- ~ y I ~ /VIP h't! [~ /JIlt nt/11M.. 2 .2-9': 8~ t- 550IJ ~ '-(-553'5 { ** TX CONFIRMA,.uN REPORT ** (. AS OF JUN 26 '0~ ~B:47 PAGE. 1211 CITY OF MERID IAN 03 08 DATE TIME TO/FROM MODE MIN/SEC PGS 06/26 08:33 CHERIE MCCANDLES EC--S 1210'27" 001 06/26 08: 47 POLICE DEPT ----S 121121' 0121" 000 THIS DOCUMENT IS STILL IN MEMORY CMDIt STATUS 15121 OK 15121 BUSY -----------------------------------------------------------~--~----------------------------- MAYOR Ro~ D. Corri~ Puase ?oz>t fOr 1>~~{ic no13ce. '.'~ ~ otGrldl~~~ '\ ~ ID^H[) l~ ), . b.Y .'" ~~~lJj.:r ; 1iO~ crry COUNC1L MEMBERS T~mmy deWeerd Willi~m L. M. Nary Cherie McCnndlcss Keilh Bil'Q 1hMltS/ LEGAL DEPARTMENT POS} 288-2499 . F~x 25g.250] PARKS &: RECREATION 1208888.3579. Fox a98-5501 PUBLIC WORKS (208) 89&-5500 'F.x 887.1297 BUILDING DEPARTMENT (208} 887.2211' FaxSS7.1297 PLANNING AND ZONING (208) SS4-ss33 . Fox 888.G854 NOTICE OF SPECIAL JOINT WORKSHOP MERIDIAN CITY COUNCIL & ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the Commissioners of the Ada County Highway District will hold a Special Joint Workshop at Ada County Highway Districts Office, 318 East 37th Street, Garden City, Idaho, on Monday, July 1,2002 at 12:00 noon. They will be The public is welcome to attend. discussing planning and servicing issues and items concerning both agencies. DATED this 24th day of June, 2002. """"",,,,,,,,,, h ~ ", Of M~". "~ ~- 4 ,,\ -. 'Jf/I' I~I " ::\... .....I..t. I~ /" (} ..(",o\'l?Clrl.i.l{:; "t- \ WILLIAM G. BERG, JR. CJ~CLERK :: ~ 0 -:. ~ ~ - ~ - - - - - - - - 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (:l08) 8SB-4J33. F~x (208) 887.4813 . City Clerk Office F~x (208) 888-4218 . HUllum Re~ource~ F~. CWB) 884.8723 MAYOR Robert D. Corrie ? Le( Se ry 0 s+ f; r 1l1Jo{ic n o( . '!t - 'Til:rtlfl:~: ~_-;..c,;,..rJ;r1: 'j! . r"4'tjj :0i: 1"/. cMe;;di;n~ '\ IDAHO IY .., y ~.0~^, Q./. ""t~/tf/ol._,","" ...,...\\f~ ..~.Ij~ffj ~Mlr-s/ CITY COUNCIL MEMBERS Tammy deWeerd William L. M, Nary Cherie McCandless Keith Bird LEGAL DEPARTMENT (208) 288-2499 . Fax 288.250 I PARKS & RECREATION (208888.3579' Fax 898.550] PUBLIC WORKS (208) 898-5500 'Fax 887.1297 BUILDING DEPARTMENT (208) 887-22] I' Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 NOTICE OF SPECIAL JOINT WORKSHOP MERIDIAN CITY COUNCIL & ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the Commissioners of the Ada County Highway District will hold a Special Joint Workshop at Ada County Highway Districts Office, 318 East 37th Street, Garden City, Idaho, on Monday, July 1, 2002 at 12:00 noon. They will be discussing planning and servicing issues and items concerning both agencies. The public is welcome to attend. DATED this 24th day of June, 2002. '''''''''''''''''' ~ 4 ~ \\\ ..: Mr::n It, ~ ,,\\ ~I Or- '-T"(1f\ '1'1 . ~ " ~, v4. "" t: / c} #,o""DI<4~o 'l- '\ WilLIAM G. BERG, JR. "Cr~ClERK ~ - ~ ~ - - - - 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433' Fax (208) 887-4813 . City Clerk Onice Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 r ** TX CONFlf,:;,. ,ION REPORT ** AS OF I-~ JUN 25 '02(~_'48 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 21 06/25 09:33 3810160 22 06~25 09:34 PUBLIC WORKS 23 06~25 09:35 2088881193 25 06/25 09:39 2088840744 27 06~25 09:42 208 898 5501 28 06~25 09:43 LIBRARY 29 06/25 09:44 92083776449 30 06/25 09:45 208 388 6924 31 06/25 09:47 888 6854 MODE MIN/SEC PGS CMD~ STATUS EC--S 00' 34" 001 150 OK UF--S 00' 14" 001 150 OK EC--S 00'23" 001 150 OK EC--S 00'23" 001 150 OK EC--S 00'22" 001 150 OK EC--S 00'27" 001 150 OK EC--S 00'23" 001 150 OK EC--S 00'27" 001 150 OK EC--S 00'23" 001 150 OK --~-------------------------------------------~-----------------------------~--------------- j)ut<se ?O~t.j;( rp~&{ic noh'C! ~Mtr.s/ MAYOR Rcb/:rt D. Corrie '" '..r::: A" ~ ~ /' ~'TY Or L'i~ _ ~ _. r . '-/VL erldian "".r:. ~\'~I ~ IDAHO Jf f .'" -t. ~; ~i~~ LJ;:CAl. DEPARTMENT (208) 28B-24~9 ' Fa 288-250 I PARKS &: RECREATION (208888.3579 ' Fa g~s.sSO I PUBLIC WORKS (20B) 898-5500 'F.. 887.1297 8UILDlNG DEPARTMENT (108) B87-211l . FH 887.1297 PLANNING AND ZON]NG (208) 884-SS:l3 . Fox 888.G854 CITY COUNCIL MEMBERS Tommy deWeetd Willbm L. M, N:J.ry ell.lie McCandless Keith Bil'd NOTICE OF SPECIAL JOINT WORKSHOP MERIDIAN CITY COUNCIL & ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the Commissioners of the Ada County Highway District will hold a Special Joint Workshop at Ada County Highway Districts Office, 318 East 37th Street, Garden City, Idaho, on Monday. July 1, 2002 at 12:0D noon. They will be discussing planning and servicing issues and items concerning both agencies. The public is welcome to attend. 33 EAST IOAHO . MERIDIAN. IDAHO 83642 (208) 888M33' F~x (208) 887-4813 . Chy Clerk Oflicc F:lX (208) BB8-4218 . Humnn Rcsoutt;cS Fix (208) S84.8723 ff ** TX CONF\ ,HON REPORT *'" AS OF JUN 25 '02 CITY OF MERIDIAN 01 02 04 05 06 07 08 09 10 11 12 13 14 15 D~TE TIME TO/FROM MODE MIN/SEC PGS 06/25 09: 49 2083757154 EC--S 00'24" 001 06/25 09: 50 Laur-e I EC--S 00'24" 001 06/2509:532083876393 EC--S 00'22" 001 06/25 09: 54 ADA CTY DEVELMT G3--S ee' 41" eel 06/2509'55 CHERRY LANE EC--S 00'28" 001 06/25 09' 56 POST OFF]CE EC--S e0'33" eel 136/25139:58 208888 1983 G3--S 013'30" 001 06/25 09:59 Walter- R Johnson EC--S 00'24" 001 06/25 09:59 2138 467 9562 EC--S e0'27" 1301 06/25 le:ee 2e8 888 6700 EC--S 00'23" e131 06/25 10:134 8841159 EC--S e0'24" 13131 06/25 10:06 8956390 EC--S 00'23" 001 06/25 1121: 16 POll CE DEPT ----5 0121' 1210" 12112113 06/25 10:16 CHERIE MCCANDl.ES ----S G0'0e" 000 THIS DOCUMENT ]5 STILL IN MEMORY MAYOR Roberl D. COlTie iJuose ?o'2>t -F>r 1lfMic noh'Cl. 'rd~ ~~ /UTYor' ~~ \.....NL erldian ~-'~; '\ k IDAHO / ~ ~f' ~:~ii~ CITY COUNCIL MEMBERS Tommy deWeord WllIlom L. M. N:uy Cherie MeCon~lcll Kcilh Bird ~o PAGE. el eMDl! 15121 150 15e 15e 15e 150 150 1513 1513 150 150 150 150 150 STATUS OK OK OK OK OK OK OK OK OK OK OK OK BUSY BUSY 1]., M1- t. S / LEGAl. DEPARTM~NT (20$) 288-24M. Fo, 268.25UI PARKS & RECREA.TION (208 8SS.mO . F,. aQS-~501 PUBLlC WORKS (208) 898-5500 'Fo. 887.1297 BUILDING DEPARTMENT [208) 881.2211 ' Fox S87-1297 PLANNING AND ZONING (208) 88~55:;; , F,. 888.68$4 NOTICE OF SPECIAL JOINT WORKSHOP MERIDIAN CITY COUNCIL & ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS NOTICE IS HEREBY GIVEN that the City Councll of the City of Meridian and the Commissioners oflhe Ada County Highway District will hold a Special Joint Workshop at Ada County Highway Districts Office, 318 East 37th Street, Garden City, Idaho, on Monday, July 1, 2002 at 12:00 noon. They will be discussing planning and servicing issues and items concerning both agencies. The public is welcome to attend. 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) SS8-4J33 . Fox (20S) 8B7.4B13 . City Clerk Ortl.. Fax (208) 8SS-4218 . Human R.,ourm Fa. (20B) SS4-S7~3 t \ ** TX CONFIRMA1.~ REPORT ** f AS OF JUL 03 '02 15:1210 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 11 07/03 14:59 208884512177 MODE MIN/SEC PGS CMD~ STATUS EC--S 121121'24" 001 150 OK -~~--------------------~---------------------------------~-------------~----------~--------- MAYOR RoheTl D. Con-it ~ UO se ? 0 z>t 10 r 1lf-~{ic n ot-lce. ~. f"'-cJ1 . . .7''::'ii] 4:',"1!;':''';~ 'f. ~ P /" L:ITY UF i'l~~~" '_ '" L/VLeridian JY \ ID^HO i ~, .Y '" "" CITY COUNCIL MEMBERS T~mmy deWeerd WiJli~m L, M, Nary Chetie M cCondlcss Keith Bird 1), Cl/Yt t S / LEGAL DEPARTMENT (208) 288-2499 . F~x 2Sg.250 I PARKS &: RECREATION (208 888.3579 . Fox ~98.550 I PUBLIC WORKS (20S) 89B.5S00 'Fox 887.1297 BUIL.DING DEPARTMENT (208) 887.2211 . F~~ SS7.]2n PLANNING AND ZONING (208) 8S4-5533 . Fox 888.G854 NOTICE OF SPECIAL JOINT WORKSHOP MERIDIAN CITY COUNCIL & ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the Commissioners of the Ada County Highway District will hold a Special Joint Workshop at Ada County Highway Districts Office, 318 East 37th Street, Garden City, Idaho, on Monday, July 1,2002 at 12:00 noon. They will be The public is welcome to attend. discussing planning and servicing issues and items concerning both agencies. DATED this 24th day of June, 2002. \\\\\,"111111/111'1 ~ ~ ""':, Of MEITI,,'IIIII Y:"// . A ~ ":<..' <.14 I.. ~/d f' c> ..c,o~ClI:47(c:; 't- \. WILLIAM G. BERG, JR. Cl CLERK ~ ~ a ~ = g - 33 EAST IDAHO. MF..RrDIAN, IDAHO 83642 (208) 888-4J33 . F~x (208) 887.48 t3 . City Clerk Ollicc F:lx (208) 868-4218 . Humnn Resources F:l~ (208) 884.8723 i .:: :. .. . :: .. . .... . ..: :.. :.......: .... .... .. :... . . : .: ... .. . . .:... .. : :.. : .:.... .....: .: .. .. ..:.. . :... . :<. :...: ... .:.. : ... .....:: .. .... ..... ....:.. .:... < :: .... . . 2. .... 3; ..::....: .:: ... . .. :.:. Adop~i(:m of.the Ag~l1da: ....:....i...:::.....:.....:.:........:..:.:..:..:: :..: ..:.:..::..:"...... ... :::.:: .:.. ....'::: CohsenfAgel'lda: ::..: ..... :....:.:.....:.."..:. .::'.:.:...::::.::: App[ov~"mJnutes from ApRrRYf:! ii ......:...:.:':i...:.:.::..:......:...:.:.:.....:....:.:::... L. .::.:.. .:...:.... Approve minutes from June 11, 2002 Qity Council Regular \!Vorkshop:iApprove..ii ........: ......:...::... Approve mihUtes from June 18,2002 City CoUncil Regular Meeting: Approve c< .:....:......:.::.::.: .:. D.ApprOVeiminutes from June 24, \lVqrkshop: Approve::...:. ::. [)~~E:!JgpmenfAgreement: AZ 01-021 Req uest for annexation and zoning of 4.83acresfrOmiRUTt6R.i.8zones.fOr PfOposedBerkelev SQuareSUbdivisioO'by Wardle and Associates:jc 10.25 North Ten MiI.~ Road: Approve ... .... ...:.:. 1. ..... < . . ....... .:.... .:: ... ....:.. :.. ...:.. .. . . ........:::....:. ..: ...: ::.:.:.. I :....:. ..ii:.......:....... : ... :::. "i.ii. ...... .... ~. 0 ... CDI]?"\) qF MERI:g~~:i:: :.:..:.: 2~".. .:....:.:.i :.. CITY cOUNCIli.REGUL.AR MEE'[ING :...:.. :...::... J\~ENP~ :..:....ii ...:..:..:. .::.. : TUe-sdCiY' July 2,2002; at6:30 p.rt.'. :........: ~<.::::...........:: . ::::::i..:.... ..:" ::::....::...:: :....L.:. ....:.::Ci~/C()lJncil ChamberS :. :...:......i>~7 7' .: .....:. RolI.;call -Attendance:.. 80 8 :::. 0 X:tcimmv:de Weerd i X X Cherie MCCafldless": x X Mayor Robert Corrie :..:... ..: . . .. .. . ... ... : ...::. . .: .. .... ..:.. ... .:: ..: .: ii .:: . . .. .: Bill Nary, Keith Bird :. .:.:.. .:. : .. ii .:....:: ... ..... .... .... A; ..... ..... June 4; 2002 CiWCounCilBegUlar Meeting: :::.:. ...:.::. B. . . c. . ii 2002 Qity CouncifSpecial Joint :.: .: .::.:.... E F. Development Agreement: AZ 027P06 RequestJorannexatibn and zon ingofi76.16.:acresifrom Rum to R2.8:zonesiforiPX9Posed HeritaQeCommonsibv BrightoriiCbrporation...;west side" of North L.6CUst(3rov~ROad between East McMillah Road and East UstiCk '3pad:iiApprove . Development Agreement: AZ 02-002 l3~quesf for annexation and zoningofSI81"acresifrorhiRUT10iRl40.zoneSJoLproposed.Cooper CanvonSubdivisionby \lVih:twoodQevelopment,I..L.C 2eastof NOrth L.OCUst GloveR6adiandsoUthbf EastVVilsOn L.ane:: Approve < ~~. 08 8 : :...::. :.:....:. Meridian City CouncilAgendll" July 2,200il-'~ge for 4: ....... All materials presented at pubI ic meetings shall beCOme proPerty of the C ity orMeriditn~ Anyone desiring accommodation [oI-disabilities related to documents and/or hearing ........ ........ ...... >> please contaefthe City Clerk's Office at 8884433 at least 48 hours priilI-tothe public meeting ... .........:..... .... ..: G. ...:.. . ... .:.:. ...... ........ ... ... .... <, .. .....:. . .. ...... .... ....... ........... ... ... ... ..:. ... ::.. . ..... . .... ....... . . .. ........ :.: ..: ::. ....... .: . ... .......... ..... ..: . .... .. '. ... . ... .....:. .... . . ... ... ... .. ...... .. .:..: . .... .. ....... .. ... ......... .... ... -::',;_.-,--'_..', .-.':: > ... ... ...ii . :.... .. ..:... : .. .i.. ...... ..... :. ... .:. :.... :.:..... .... ....... .... ........ ....... ....... ...... ........ ......:...6; ........:.... .. c' ........: ..:. :..... .:. ... .:....... ..:.. .. :..... ::. ... :..... ..... .:.. ...:...i.' 1m <;:':'..:.. .. ........./i... ....> ........... ..:... i .. .......... ............ ......... ......... .:. .........:. ........i ......................... .......... ......... ......... ......... /.. i .......... .:...... ...... ,ii", ...........ii./.. ....... ....:..... .:......Yi (It~rnsMovedfromConsentAge-~~a):.l1othihg ..........i ......... iY ::.::.:i....:.......................:.:.......:.. ....:....::..:........::..... .....:...:....:...:...::..:.:::..:....:...::.:...:..::....::::::....:. ........ .:::.': ...:.. .:..... ........... ..::::..: . ..:..j.:.L?....:;: ..i. :....:...... .:.. .. Tabledfrorn\June24,2002: LeasE:! Agreement with ChamberofCommeI'Ce:/ .........:. Approye ......... )) :...........ii)ii/....... ......:........ ....... ..........)) <.i" ......... ./:::: :......i::.::...::. : .......:.:.....:::.:..: ::..i.....:.. i..:..: ..::...:.::i.:i:....:..:..../.i ..:......: :...:..:::... .:... .:.:..::'-.::.:i.:::i.': .:: ...i . ..... ResolhtihnNo.:i"02~378: AdOption o.f Strategic Plan. of the CiW()f M .'d'i, .......:.. ..... . )i\i Y erl: 1::t1'1:~pprC?yei.. ..:......... .......... ......... ......... .~)....ii .............. "i.i"i i(;.~ritirn.Jed P~bli8...garingJrom June 4, 2002:iPropOsed Comprehgl'lsivg iParks ~Qd ReCreatiohSv~t13mElnd ACtion Plan:Col'1ti.nueto AugustS, .2092---i .......... /i"/"Yii.i .. ...........i i i:. ............... ............i..ii......i........... :.;2....i.. ... ........:.....: .............i:....: ... Ordinance No. 02-959 : AZ 011021 RequestiJor annexation ahd.iol1ingOf4.83 acres frOm/RUT t&Ri8zone.~ for\proposed Berkeley SQuareiSubdivision bY Wardleahd A!;sOciates +..1 Q25NOdh Ten Mile R.:"':"'d ,":. A . ... ...:.::.. ...:.: "::.i:... . ,. oa I;.. ~g.rgX7.i)) ............iii ........... ...............i :::...:.-..::. .:::/:.... :.../...:.... .:.c.: ..:...:: . :.:.. :.c. .... .... .. ..... .... :.... .. .: . . .: . 7i... ~. .' .......... 8. ....: ....... :.:. 9. ..... ....... ..' .. ....:.: ...... . i .....: ... ... .. . ....:. .. . ....... ." .... .. .. .:..... ':. . .... :...:... ..:: ::... ) ..... :. ::. 16. . . .. . .... .. ... ..... .... : ..: ...... ...17; . ...... ..:... .... .. .... . . ..:' ..18. .... i 19. .... .:: 20. . ... ... .:. . ::. . . ... . . .. .. .... .. ....... ........ .... :.... . ... 21. ........ .... ..::.. . :. . ..... .....: ...... . ..:: .... .. . . . ..: . .. . . ..... :..: .... ....... ...... ... .:...:.... ...... .... ... ..... :..... > ..... ....: ... ..... .... :... ... .. .. ..:.. ...... . ,.... .................................. ....... .)) ), ) .:...: ..... (::. ..); ....~.....::.....:..:..,..... FR..02-008 Request forFinal Plat approval of?8~ingIe family lots,S officei'" lotsiahd1 o Other} lots6rfi38. 6S.acresii n"an R-4i.zol'1ei fOri Bridaetower CrossinaSUbdivision NO:2byPrimelahd Developmenf2 east of N: Ten MileRoad ahdsbuthgf\iY. McMillal'lR6ad: Appr:C?yf:!...................../ ..................ii ....::..: ..:...:.::..:.......:...::....:.............. FP 62L009.I3~questfbEEirlal Plat approvalof57buHdiog lots cil'ld 5 other lots.0615.8 acres.iriariR-8 zonefor Suhdarice SubdivisiOn"Noi1 bYVoigt DevelopmenfS/easrOf N. Meridian ROadahdh6rth of E Ustick Road: Approve.:.:::..:...........:. ..::: ..:.....: .....:...... .i:.i.i...ii.....i........... ...1.L..:.:...... FR02L010RequestforFinalPlatapproval of 82 building lots and 18 other lots."-oI'129}11}actes in"'aih Ri.4zone fOr Cedar Springs SUbdivision Noj"'1by J~UAB Engineers northwest corner of W. UstickROad ~d N: Meridiah Road: Appr()y~ ..~....:~.:..:.:..:::.::.... .::: Public Hearil'1g: AZ02~008 Request for annexation and zoning qf5 acreS.. fromiRUmtOL.70 zonesfOftheprqposed IiDS"Stake!Centel'.byi Lombard COnrad Architects+./2515W.UstiCkROad:"Attorney t6Prepar~ Fiijctihgs ofFactsandConclusio.ns OfL.awfor APPr:qy~l. ....... ":. Public Hearirig: CUP 0220.11 ReqUesff6r a Conditional Useperr'Tlit fOra sports bar with pool tables"ahdibigiscreen... TV~s..in.ian""'0~mzoneiJor BlumacsSportSBar by Michael McGUilihessS"70.6East First/Street (N. MaiihSfreet):iAttorneyto Prepare-Findings of FactS and Conclusions of Law for Qenial '..... .::......:.:.. :. PUblic Hearing: CUP 02~015 Request for a Conditibnal Use Permit to renovate.existihgoffice.and ConventionCehter int6a private Jr.lSf: High SpQcjOfforColeValleyiChristiah"Churct1Pby/Jeffrev L."King/S..200. East GarltohAvenue:"-Attorneyto Prepare Firidings of Facts and ConclUSions of L.a"".fOt~ppr()yal ......i: ...... Public Heafing: VAR 02~008 Request for a VarianCe to add one additionalisignion ailargeimedicaldidic.ahdradi610gy centerbuilding~y Imaaina Center RadioloaistS".q. 2929 East Magip\liew Drive:iAttorney to Prepare Findings of Fiictsand ConClusions of liawfor Denial .. .. ................ 22. .... .. ... .. .... : . .:.. . .. :. . :. .... .. .. . . ... .... ...:. ....... .. Meridian City CourlcilAgcl1da - July 2, 2002 Page 4 oC 4/ii ...... .... All materials prescnted at public meetings shall becomc propcrty oCtile City of Meridian. < <Anyoncdesiring accommodation Cor disabilities related to documents and/or hearing<; please contact the City Clerk's Office at 888.,4433 at leasl48 hours prior to the publicn.le~tillg.ii ...... . .. :... .......:. ...... .. ..... ..... .. .. ..:. ... . ... : . :3. :." .: ....: .. ........i :: . ...... ...... .......::..... .... \i< .. .. ... : . eIT"\? OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 2, 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: )( Tammy de Weerd ----K- Bill Nary X Cherie McCandless + Keith Bird -X- Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. B. C. D. Approve minutes from June 4,2002 City Council Regular Meeting: ~I/<- Approve minutes from June 11, 2002 City Council Regular WorkshoP:~v..<- Approve minutes from June 18, 2002 City Council Regular Meeting: o/P'rtJv~ Approve minutes from June 24, 2002 City Council Special Joint Workshop: ~&f/\.e...; Development Agreement: AZ 01-021 Request for annexation and zoning of 4.83 acres from RUT to R-8 zones for proposed Berkeley Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: o/jIY'OVUZ-- Development Agreement: AZ 02-006 Request for annexation and zoning of 76.16 acres from RUT to R-8 zones for proposed Heritaae Commons by Brighton Corporation - west side of North L.ocust Grove Road between East McMillan Road and East Ustick Road: ?~)'(9~~ Development Agreement: AZ 02-002 Request for annexation and zoning of 5.81 acres from RUT to R-40. zones for proposed Cooper Canyon Subdivision by Wildwood Development, L.L.C - east of North L.ocust Grove Road and south of East Wilson L.ane: ~ V'(.... Meridian City Council Agenda - July 2, 2002 Page 1 of 4 All malerials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to docu ments and/or hearing please contact the City Clerk's Office at 8884433 at Jeast48 hours prior to the public meeting. E. F. G. 4. H. Findings of Facts and Conclusions of Law: AZ. 02e003 Request for annexation and zoning of 3.84 acres from R-1 to R-8 zones for proposed Amberstone Subdivision by Jim Jewett - south of West Cherry Lane and south of North Summertree Way: a~v<e..-- I. Findings of Facts and Conclusions of Law: PP 02-002 Request for Preliminary Plat approval of 19 building lots and 2 other lots on 3.84 acres in a proposed R-8 zone for proposed Amberstone Subdivision by Jim Jewett - south of West Cherry L.ane and south of North Summertree Way: ap(Jn:lV"Jt../ J. Findings of Facts and Conclusions of Law: AZ02-009 Request for annexation and zoning of 1.0.0 acre from RUT to L.-O zones for the proposed Meridian Fire Department Locust Grove Substation property by the City of Meridian - 3545 North L.ocust Grove Road: PLtpnYVift-/ K. Findings of Facts and Conclusions of Law: AZ 02-005 Request for annexation and zoning of 196.20. acres from RT to R-4 zones for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: Izt-UG ~/ ( I1zvrrfl- 6 tJ-( ~2- L. Findings of Facts and Conclusions of Law: PP 02-006 Request for Preliminary Plat approval of 455 single-family lots, 38 common lots and 1 other lot on 190.47 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: n 6/ e ?U~ '/ ITu-J If-I I- 6.(1 I '2-(7192- M. Findings of Facts and Conclusions of Law: CUP 02-006 Request for a Conditional Use Permit for a Planned Unit Development consisting of 353 buildable lots and 31 common lots on 138.88 acres for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: ..;a61e ?~ 7 /In.f~.f- 6 ~ ( Z-C1 (.> 2- Approve Bills: ?V~vce--- Department Reports 5. A. Meridian Police Department - Chief Worley 6. 1. Janitorial Service Bid Award d"jPl'nJr/€ a(/(.I~d A7 C!lea/L t F/l.eJir.- Ca'l.pCfs (Items Moved from Consent Agenda) - h-ofhn:y Meridian City Council Agenda - July 2,2002 Page 2 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 888-4433 at least 48 hours prior to the public meeting. 7. 8. 9. 10. 11. 12. 13. 14. Tabled from June 24, 2002: Lease Agreement with Chamber of Commerce: ~ ~ Resolution No.: t/ 2. ....... :3 7 f3 : Adoption of Strate~ic Plan of the City of Meridian: a-?J?)'^<:/VU- Continued Public Hearing from June 4, 2002: Proposed Comprehensive Parks and Recreation System and Action PlaIr /l;..tffHt,.r-l- /~ ~ 2- ~ C?0'v~ t-v /7f/Ct [;:r 1 ~ Ordinance No. () 2- - cf '7 r : AZ 01-021 Request for annexation and zoning of 4.83 acres from RUT to R-8 zones for proposed Berkelev Square Subdivision by Wardle and Associates - 10.25 North Ten Mile Road: o/fIyYl(r"V Ordinance No. tJ 2- -- q bO : AZ 02-006 Request for annexation and zoning of 76.16 acres from RUT to R-8 zones for proposed Heritage Commons by Brighton Corporation - west side of North L.ocust Grove Road between East McMillan Road and East Ustick Road: ~~ft/ . Ordinance No. cJ 2- - 9 b / AZ 02-002 Request for annexation and zoning of 5.81 acres from RUT to R-4o. zones for proposed Cooper Canyon Subdivision by Wildwood Development, L.L.C - east of North L.ocust Grove Road and south of East Wilson L.ane: ordina~.~ tJ '2- - tJ 6- 2- AZ 02-007 Request for annexation and zoning of 40. acres from RUT to R-4 zones for proposed Marlin Subdivision by Winston Moore - north of 1-84 and east of South Under Road: . rvvuV ordina~No. 02- - 963 AZ 01-025 Request for annexation and zoning of 7.83 acres from R-1 to C-G zones for proposed Silverstone Corporate Center Phase II by Sundance Investments - southeast corner of South Eagle Road and East Overland Road: ~Vt..e..-' FP 02-007 Request for Final Plat approval of 14 building lots on 20.95 acres in C-C and C-G zones for Silverstone Subdivision Phase 2 by The Sundance Company - southeast corner of South Eagle Road and East Overland Road: t:V7~v.e- FP 02-008 Request for Final Plat approval of 58 single family lots, 5 office lots and 10. other lots on 38.65 acres in an R-4 zone for Bridgetower Crossin~ Subdivision No.2 by Primeland Development- east of N. Ten Mile Road and south ofW. McMillan Road: ~ V/.-L.- 15. 16. Meridian City Council Agenda - July 2, 2002 Page 3 of 4 All materials presented at public meetings shall become property <lfthe City of Meridian. Anyone desiring accommodation for disabilities related to docu menls and/or hearing please contact the City Clerk '5 Office at 888-4433 at least 48 hours prior to the public meeting, 17. 18. 19. 20. 21. 22. FP 02-009 Request for Final Plat approval of 57 building lots and 5 othef lots on 15.8 acres in an R-8 zone for Sundance Subdivision No. 1 by Voigt Development - east of N. Meridian Road and north of E. Ustick Road: ~p~V'.e- FP 02-010 Request for Final Plat approval of 82 building lots and 18 other lots on 29.11 acres in an R-4 zone for Cedar Springs Subdivision No. 1 by J-U-B Engineers - northwest corner of W. Ustick Road and N. Meridian Road: titpJ7rP V'R-' Public Hearing: AZ. 02-008 Request for annexation and zoning of 5 acres from RUT to L.-O zones for the proposed LDS Stake Center by L.ombard Confad Architects - 2515 W. Ustick Road: tft-/'~:J /0 jJ/'.efJ/vtC ";;//1 e/~ !rn-afl}?Y1Ov~ Public Hearing: CUP 02-011 Request fOf a Conditional Use Permit for a sports bar with pool tables and big screen lV's in an 0- T zone for Blumacs Sports Bar by Michael McGuinness - 706 East First Street (N. Main Street): "I. / ~ a/~ '-/r?fJl?Zj?/vU:--flr;:;IJ/..! ~ ~~ Public Hearing( CUP 02-015 Request for a Conditional Use Permit to renovate existing office and Convention Center into a private JrJ Sr. High School for Cole Vallev Christian Church by Jeffrey L King - 20.0. East carlto~~;~ f.c ptPjJ~ ,fY~ I elt -h-v /rjPj'/YVvd Public Hearing: VAR 02-008 Request for a Variance to add one additional sign on a large medical clinic and radiology center building by Imaaing Center Radiologists -- 2929 East Magic View Drive: ar/-n.A...e;; to fJ;1eftvUL- ~/~ -I elf kn- cUru~d.J Meridian City Council Agenda - July 2, 2002 Page 4 of 4 All materials presented at public meetings shall become property ofthc 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. July 11, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT July 16, 2002 ITEM NO. S - f!-. REQUEST Approve Minutes from July 2, 2002 City Council Regular 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: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: () ~rJL/ Mf Contacted: Date: Phone: Materials presented at public meetings shall become property ofthe CiIy of MeridIan. Meridian City Council Regular Meeting July 2. 2002 The regular meeting of the Meridian City Council was called to order at 6:35 P.M., Tuesday, July 2, 2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie McCandless and William Nary. Others Present: Bill Nichols, Gary Smith, Brad Watson, Mike Worley, Will Berg, Ken Bowers, Tom Kuntz, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: All right. I will open the regular meeting of the Meridian City Council, Tuesday, July the 2nd at 6:35 p.m. and please have roll-call attendance, please, Mr. Clerk. Item 2: Adoption of the Agenda: Corrie: Okay. Thank you. Item No.2 is Adoption of the Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would -~ as we got a verbal, I would ask the developer, the developer's representative to come up. Items K, L, and M on the Consent Agenda has been asked to be tabled to July 16th. With that change I would move that we adopt the Agenda as published. McCandless: Second. Corrie: Okay. Motion has been made and seconded to adopt the Agenda, except for the K, L, and M be tabled to 7/16/02. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: AL.L AYES. Item 3: Consent Agenda: A. Approve minutes from June 4, 2002 City Council Regular Meeting: Approve B. Approve minutes from June 11, 2002 City Council Regular Workshop: Approve Meridian City Council Meeting July 2, 2002 Page 2 of 65 C. Approve minutes from June 18, 2002 City Council Regular Meeting: Approve D. Approve minutes from June 24, 2002 City Council Special Joint Workshop: Approve E. Development Agreement: AZ 01-021 Request for annexation and zoning of 4.83 acres from RUT to R-8 zones for proposed Berkeley Square Subdivision by Wardle and Associates - 10.25 North Ten Mile Road: Approve F. Development Agreement: AZ 02-006 Request for annexation and zoning of 76.16 acres from RUT to R-8 zones for proposed Heritage Commons by Brighton Corporation - west side of North L.ocust Grove Road between East McMillan Road and East Ustick Road: Approve G. Development Agreement: AZ 02-002 Request for annexation and zoning of 5.81 acres from RUT to R-40 zones for proposed Cooper Canyon Subdivision by Wildwood Development, LLC - east of North Locust Grove Road and south of East Wilson L.ane: Approve H. Findings of Facts and Conclusions of Law: AZ 02-003 Request for annexation and zoning of 3.84 acres from R-1 to R-8 zones for proposed Amberstone Subdivision by Jim Jewett - south of West Cherry Lane and south of North Summertree Way: Approve I. Findings of Facts and Conclusions of Law: PP 02-002 Request for Preliminary Plat approval of 19 building lots and 2 other lots on 3.84 acres in a proposed R-8 zone for proposed Amberstone Subdivision by Jim Jewett - south of West Cherry Lane and south of North Summertree Way: Approve J. Findings of Facts and Conclusions of Law: AZ02-009 Request for annexation and zoning of 1.00 acre from RUT to L-O zones for the proposed Meridian Fire Department Locust Grove Substation property by the City of Meridian - 3545 North Locust Grove Road: Approve K. Findings of Facts and Conclusions of Law: AZ 02-005 Request for annexation and zoning of 196,20 acres from RT to R-4 zones for proposed Tuscany Lakes Subdivision by Gem Park \I Partnership - west of South Eagle Road and south of East Victory Road: Table until August 6, 2002 L. Findings of Facts and Conclusions of Law: PP 02-006 Request for Preliminary Plat approval of 455 single-family lots, 38 common lots and 1 other lot on 190.47 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: Table until August 6,2002 Meridian City Council Meeting July 2, 2002 Page 3 of 65 M. Findings of Facts and Conclusions of Law: CUP 02-006 Request for a Conditional Use Permit for a Planned Unit Development consisting of 353 buildable lots and 31 common lots on 138.88 acres for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: Table until August 6, 2002 Corrie: Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Council, should we have the developer publicly come up and request these -- Nary: Probably would be better. Bird: I believe Kent Brown is here representing the developers. He has requested privately to remove K, L., and M. If he would come up publicly and ask that, I would certainly appreciate it. Corrie: Mr. Brown. Brown: We'd like to work with the Highway District on the Dartmore section. If we could have probably three weeks, instead of a couple, give us time to deal with them and we probably have to go before their commission, because we do have an approved staff report. De Weerd: So the first meeting in August? August 6th? Brown: That would be -- Bird: Thank you. With that, Mr. Mayor, with your permission, I would move that we approve the Consent Agenda with the tabling of Items K, L, and M to August 6th, 20.02. De Weerd: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Nary, aye. Corrie: Okay. All ayes. Motion is carried. MOTION CARRIED: AL.L. AYES. Item 4: Approve Bills: Corrie: Item NO.4 is approval of the bills. Motion to approve the bills. Meridian City Council Meeting July 2, 2002 Page 4 of 65 De Weerd: I have got a copy of them. Corrie: Do you want to table those? De Weerd: Mr. Mayor, I move to approve the bills to be paid, Bird: Second. Corrie: All right. Motion has been made and seconded to pay the bills. Any further discussion? All those in favor say aye. Opposed no. Motion is carried. MOTION CARRIED: AL.L AYES. Item 5: Department Reports A. Meridian Police Department - Chief Worley 1. Janitorial Service Bid Award: Approve award to Clean & fresh Carpets Corrie: We will need to have a little talk on that, Mr. Clerk. Department Reports. First, Meridian Police Department, Chief Worley, janitorial service bid award. Worley: Thank you, Mr. Mayor, Members of the Council. Due to the increase size of the new Meridian Police Department, we went out to an open bid for janitorial services for the remainder of this year and for next fiscal year. We had five responsive bidders. The lowest bidder was Clean and Fresh Carpets in the amount $2,259.0.0. per month and that to be covered as the residual expenses for remainder of this year and then we have an enhancement in the amount of 30,0.0.0 dollars in next year's budget for the increased janitorial. This was the low bidder, so I would request Council approval and for the Mayor to sign and the Clerk to attest the contract with Clean and Fresh Carpets from July 15th of this year to September 30th, 2003. Corrie: Council, any discussion? Questions? Hearing none, I'll entertain a motion on the requested motion. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval Clean and fresh Carpets as the low bid for the cleaning and janitorial service for the Meridian Police Department agreement for the -- looks like a bid amount of $2,259 per month, for the Mayor to sign and the Clerk to attest to said agreement. Bird: Second. Meridian City Council Meeting July 2, 2002 Page 5 of 65 Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none. All those in favor of the motion say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: ALL. AYES. Item 6: (Items Moved from Consent Agenda) Corrie: No items were removed from the Consent Agenda. Item 7: Tabled from June 24, 2002: Lease Agreement with Chamber of Commerce: Corrie: Item No.7 is tabled from June the 24th, 2002. This is a lease agreement with the Chamber of Commerce. Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, Joe Borton, Chamber President, is here with some of his board members as you requested they be. The Chamber lease of the Chamber building site in Storey Park has been subject to renegotiations for longer than anybody really cares to admit and there is some final items that need to be cleared up with regard to that and Mr. Kuntz and I, in discussing those items in correspondence that went to Mr. Borton, just need some clarification as to the respective intent in what's been done before. So Mr. Borton -- I believe you have in your materials -- and may not -- it shouldn't be on the CD ROM, but a hard copy, of a letter from Mr. Borton dated July 1 st, which addresses the issues that -- in the lease agreement that the Chamber signed there was -- there were some things deleted and some things added and just to review those, there was a provision under use of premises which required the city to maintain landscaping and watering of the premises, which would essentially be anything outside of the Chamber building and there is -- so we need some discussion on that, maybe clarify that in terms of what does that mean with regard to flower beds or shrubbery, There was a right of inspection paragraph that was removed, but that right of inspection paragraph was a carry over from the prior lease. It looked to be boilerplate language that came over from a lease where someone would be leasing the building, as opposed to just leasing the land. So perhaps that doesn't need to be in there. There was also a deletion of a portion of a default paragraph regarding nonpayment and since this is a relatively small lease, which has all of the lease payments made up front, that's, in my estimation, not a major issue. The lease is for 50 years and at the end of that time if we renegotiate a new lease, we can deal with any issues regarding nonpayment or whatever at that time, if any of us are still here. Those are really the only things that I think need to be discussed. There is also an issue raised by Mr. Kuntz with regard to snow removal and what the parties expectations were regarding that. Corrie: Okay. Nichols: I don't think I have left anything out. If I have, Mr. Borton can tell me. Borton: Thank you, Mr. Mayor, Members of the Council, you haven't left anything out. The letter from July 1 st tried to address some of those concerns. Meridian Cily Council Meeting July 2, 2002 Page 6 of 65 Corrie: Name for the record, please. Borton: Oh. Joe Borton. My address? Corrie: Thank you. 1 DDS White Lily in Meridian. De Weerd: I think he should be sworn. Borton: Let the record reflect that Councilwoman de Weerd is being difficult. The only issue that -- two of the issues, one of them brand new, at least to me. I talked with Terry briefly, is the issue of snow removal. The other one that I didn't think -- it never appeared to be one that was still up in the air was the issue of landscape maintenance, the watering and maintaining the landscape. It's always been our impression that the city -- city property directs the landscaping and with our talks with Tom and Elroy was going to water it and maintain it. They are set up now I believe now where it's on the city's irrigation system, so I'm kind of in the dark. With regards to shrubberies and flowers, whether that's going to be something separate that the Chamber is going to maintain, it's kind of new to me to hear something like that. There is a comment that it's a gray area and I just don't know really where the line would be drawn who waters the rhododendrons, but not the evergreen shrubs and whatnot. It was our understanding -- and Teri Sackman can comment on that as well -- that the city's master plan with regards to landscaping for Storey Park would contain landscaping the park in or around the Chamber building and that would be maintained by the city and controlled by the city. So that's our understanding and that's the insertional language in the lease, which is approved by our board. So if there is any further questions on that-- Corrie: I guess, Joe, you want the city to put the flowers in and keep it up? I think before the Chamber put some flowers in and we watered them or -- I don't know. That was what Tom was wondering is if you put the flowers in, do you want us to take care of them or do you want us to put the flowers in -- just as a gray zone for him and if you want him to do it all, he'll do it all, or if you want to do part of it, you can do part of it. So that was where his confusion was coming in. Borton: Okay. Mr. Mayor and Members of the Council, one of the things -- Tom's been pretty cooperative in trying to get our input as to the landscaping plan and it went as far as the Chamber being willing in our solicitation efforts for building fund to also solicit funds for planting material, things of that nature. We haven't done that, because we wanted to hear, really, what the parks grand plan was. If the Chamber wanted to make it gravel and asphalt all around, that probably wouldn't fit. So we have been pretty cooperative throughout. The Chamber's involvement through Tom's direction would be to assist in obtaining materials, if we are going to be out there and help plant them, we can do a planting party or whatnot, we will do that, but from thereon aftelWards it would be the city's responsibility to maintain, alter, or amend as they see fit. Corrie: Tom -- oh, you're here. I'm sorry. You're here and so am I now. Tom. Kuntz: Mr. Mayor and Council, just to clarify a couple of things. I don't think the grounds maintenance pertaining to turf, trees, and irrigation systems has ever been an issue, nor is it an issue in this case with the parks department. The issue is if the Chamber is Meridian City Council Meeting July 2, 2002 Page 7 of 65 requesting a higher level of landscaping directly adjacent to their building, to the sides and right in front where the walkway is and stuff, we are willing to help plant that and cooperate with the Chamber to make that happen, but to maintain those flower beds is a level of service that is higher than we would provide if it were a normal park setting and there is a cost that goes along with that as far as staff time to maintain the flower beds and shrub beds and so I guess the issue with our department is what level of service does the Chamber want to see directly in front of their building and I'm talking about right in front of the front windows, that type of thing. It's a level of service that we are not prepared at this time to maintain with extra -- without extraordinary costs being incurred by the parks department. So maybe if we could address that issue first and then come back to the snow removal and upkeep of the parking lot. You know, over a 50 year period there will need to be some sealing done, some restriping of lines and that type of thing, and, really, all we are looking for is direction from the City Council. We will do whatever the Council requests us to do. Sackman: Mr. Mayor, Teri Sackman, 2551 Misty Drive. You want to swear me in, Tammy? I can speak to the landscaping directly. Following the ribbon cutting for the new playground in Storey Park I met with Elroy and he basically -- we did a walk around the building, I said what are you thinking, we were both thinking the same thing, [ow maintenance sod, trees. He had one area where he had suggested that he would like to put in bushes and flowers, but I'm not sure whether that was the final plan or not. The parking lot has some bushes and flowers at the moment. At that time basically I gave -- told Elroy the position of the Chamber board is that since the parks department will be putting their landscaping and maintaining it, that whatever the parks department wanted to do was fine with the Chamber board. So if -- so whether or not we put bushes in, [ guess, is -- according to the Chamber board, is up to the parks department staff. There is one area right in front of our building that faces the parking lot. There has been some talk about putting in -- putting our pavers back in as a patio and if we do that, my verbal agreement with Elroy is that the park staff would not be expected to do that, it will either be an Eag[e Scout project or we will contract that out, but as far as the rest of the landscaping, that will be up to the park staff and [ guess that probably answers those questions for you. Oh, I will also mention that I have contacted Du-Rite Nursery and Victory Greens, both who have indicated an interest in doing some donation of plants and/or sod. As soon as Elroy gets with them with a plan, they will tell us what they will be able to donate, so -- Kuntz: Mayor and Council, just to clarify Teri's comments. It sounds like the Chamber is willing to go along with us with our landscaping plans with the understanding that there will be a low level of maintenance required for those items. Sackman: That is correct. You want to talk parking now? Borton: With regards to the snow removal. Kuntz: Two issues on the parking, Council and Mayor. One is on snow removal in the -- the parking lot area in the past we have not done snow removal in the parking lot, because the park technically is not being used during snow season. We do maintain sidewalks, however, because we have the equipment necessary to do that. There may be an opportunity this year at budget time to add a cab over our piece of equipment that Meridian City Council Meeting July 2, 2002 Page 8 of 65 we would use for snow removal and we would certainly be willing to provide that service as part of our normal snow clean up in that park. But that would be one issue. And then the other one would be as far as sealing the parking lot and restriping it, because that will need that -- that asphalt need that over a 50 year period of time. De Weerd: How about insulated coveralls? Nary: I was thinking the exact same thing. Corrie: Could be a cold winter. Okay, De Weerd: Mr. Mayor? Corrie: Ms. de Weerd. De Weerd: Joe, I think the reason we asked you to be here is there were a couple of changes with no cover letter explaining the changes when we got it back and so it was felt that we would like to just hear your comments and I don't think anyone on the Council addressed any concern on maintenance and neither did our staff. So it was just to get some clarity on that -- on the couple of items that our city attorney pointed out and we appreciate you and your board members being here. Borton: Not a problem. Corrie: Okay. Any other comments? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Joe, in your letter you had one concern of when the parking lot was going and the public restrooms were going to open. Borton: Absolutely. Bird: Do we have a date on them, Tom, on the public restrooms? Huff: Mr. Bird? Bird: Yes. Huff: On the public restrooms I think the only thing we are waiting for on those is the partition doors. During construction there was a couple of changes made and so the once that we did get or were going to end up with did not fit, so we sent those back -- Tom I believe we sent those back to get those made to fit those openings and we expect those pretty soon. I should have heard something yesterday about that, but I didn't get the message when they would be here. The rest of the bathroom is done and they are basically functional, there is just no privacy doors on them. Otherwise, they work fine. As far as -- what was the other question? About parking lot? Paving? What Meridian City Council Meeting July 2, 2002 Page 9 of 65 I'm facing there is during the construction we had a main irrigation line fail one evening. We rerouted that so it would no longer be under the parking lot surface. What we experienced there over the next few days, we just filled that whole thing up with water and we let it sit for, you know, as long as we could and we thought we could start to work it and there is really a good base under there, it was really hard, and it has a little bit of clay and rock and stuff in it, but now that it's saturated it's dry time is really really slow and we tried to get it to where we could plumb it -- or I mean pave it last week, but it was still pumping in certain sections and the paving company would not warranty it if we did it that way. So my guess is that we are going to start using that pretty soon as a gravel base and if it takes -- I took an estimate from them to do excavation and some map work down in there and some fill and redo that and they wanted 5,00.0. dollars and I won't do it. And so if it has to sit three weeks to dry out, it will sit three weeks and then we can pave it and I'll get them to warranty it before they do. Whatever equipment -- we took some heavy equipment on it and there is about three little areas out there that we are pumping that they wanted me to sign off and at the time Tom and I talked about it, we decided not to do it and then -- but it will be usable, it will just be that gravel base until it finally dries out and then we will pave it. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: So, in other words, our public restrooms, because of the non-privacy, are not open for the public? Huff: That's the only reason they are not open at this point. Bird: So our participants in the playground and stuff have no place to go to any restrooms in the park? Huff: We have some portables out there and we still have the other restrooms available. There is some further away and we just point people in that direction. But as soon as those are here and Tom gets those in, we will open those right up. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Can you put some kind of temporary sign on the Chamber building or where your bathrooms would be to kind of direct them where the other bathrooms are and that they have portables to use in the meantime or where the permanent facilities are? Kuntz: Mayor and Council, we have actually ordered a permanent sign that will go on the side of the building, so if you are in the shelter area, you will be able to visually see the sign with an arrow pointing to the bathrooms. In the meantime, we are supposed to have portables out there and if they are not out there or they are not in a location where they are readily visible, we will make sure they get moved before the Fourth of July, so that they are there. Meridian City Council Meeting July 2, 2002 Page 10 of 65 De Weerd: That would be good. Huff: Yeah. We will have -- you know, we get a lot of people in there on the Fourth and so we have portables coming back in tomorrow and they will be up close to the Chamber of Commerce building and -- but very accessible and then the other bathrooms on the other side will be open, too. We will have that covered for the weekend. De Weerd: Okay. Huff: Sorry about the slowness on the parking lot. It was just one night of a mess and just couldn't -- Corrie: Any other questions? Comments? Bird: I have none. Corrie: Okay. What's the recommendation of Council on this lease? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I believe that we have, according to Mr. Borton's letter with our attorney, we have worked out the wording in a couple areas that was questionable; am I correct? Am I correct? Corrie: L.ooking at the two attorneys. Nichols: Mr. Mayor and Members of the Council, I think you need to -- it sounds to me like basically what you're saying and what the Chamber and the parks department is saying, the existing language that is in the lease that's signed is adequate with regard to maintaining landscaping and irrigating landscaping at the Chamber building. I mean that's what I gleaned out of -- Corrie: You got it. Nichols: The issue of snow removal, well, you haven't told us -- Tom has told us that he hasn't removed snow from the parking lot in previous years and the lease is silent as to snow removal from the parking lot and the record would say -- I mean not that we get -- you know, it's not North Dakota, but if you want the parks department to remove snow from the Chamber parking lot, we need to write it into the lease. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Although I haven't heard about the covered cab, I do remember when we purchased some equipment, they said we could get a blade on it for snow removal, so I Meridian City Council Meeling July 2, 2002 Page 11 of 65 don't think that should be an issue. I think the city could probably take care of all the snow that this area gets. Borton: Mr. Mayor? Corrie: Joe. Borton: Members of the Council, that snow removal could also be accounted for under the general maintenance of the property and premises, not unlike needing to mow the yard when the grass is long or pull the weeds, the removal of snow from the premises as well, so perhaps the language that's in there covers that contingency whenever it does arise. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Not to beat this horse to death any further, but I mean it is a park, it is open, I mean I don't think it matters if it's winter, I have seen kids in there playing in the wintertime and we have one less road to remove snow on in there now, so I don't see any reason we can't get it done. So I'm satisfied. I think Council member de Weerd was correct, Joe. I think the reason we just asked this, because if your letter had previously come we probably would have been fine, So I think it's fine. Corrie: Okay. Nichols: Mr. Mayor, then, it sounds to me that what you need to do is approve the lease as it's already signed, then. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd approve the lease with the Chamber of Commerce of Meridian as presented and signed by the Chamber. McCandless: Second. Corrie: Motion has been made and seconded. Any other discussion? Borton: Mr. Mayor, Members of the Council? Corrie: Joe. Borton: Just for the record to be clear, there is $14.0.0 remaining on the lease. We do have a check, which we can't present until tomorrow. So we will put it in the mail. Just to let you know. Nary: Thanks for bringing it up. Meridian City Council Meeting July 2, 2002 Page 12 of 65 Corrie: Since it's coming from the attorney we will accept that. De Weerd: I'm glad you did that before we voted. Bird: Yeah. Corrie: Any other discussion? Okay. All those in favor of the motion say aye. Opposed no. All ayes. Thank you, Joe. MOTION CARRIED: ALL. AYES. Item 8: Resolution No.: City of Meridian: Adoption of Strategic Plan of the Corrie: Item NO.8 is a resolution, adoption of the Strategic Plan of the City of Meridian. Resolution No. 02-378. Okay. If you would, please, read the Resolution by title only, please. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance -- or, excuse me, Resolution No. 02-378, a Resolution of the Mayor and City Council of the City of Meridian to provide for findings and to establish a comprehensive strategic plan for the City of Meridian providing for clear insight regarding the major challenges facing the city, providing for goals, objectives, major initiatives, and anticipated actions established by each city department and providing an effective date. Corrie: Okay. You have heard the Resolution No. 0.2-378 read by Title only. Is there anyone from the audience that would like to have it read it its entirety? Okay. Council, any discussion on Resolution 0.2-378? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I don't know. I think this resolution says a great deal as to the commitment from the City of Meridian and the elected officials to create a vision for our community and a deep commitment to public service and customer service to our public. It sets out a vision as to the direction that we would like to see this community proceed and we have great involvement of our city employees. It also identifies the key issues and challenges that are facing this community and the decision makers. So it is a first step to kind of set a direction and a vision to where we want to go and this is a real exciting opportunity to share this to the community. So I would invite anyone interested in seeing this document to certainly come by City Hall and get a better idea of some of the things that face each of our individual departments, as well as the direction that we see the city going in the next -- in the years to come. So I just -- we had great participation and it's, indeed, a pleasure to see this document come in front of us and its adoption, so -- Nary: Mr. Mayor? Meridian City Council Meeting July 2, 2002 Page 13 of 65 Corrie: Mr. Nary. Nary: I just wanted one follow-up comment to that, too, as well. I think it's not just the vision and direction from the Mayor and the Council, but I think it's the same commitment and vision from the departments as well and I think that's something that we haven't had in the past and it's something that we have a unified front in trying to go forward in the future and I think that's a real positive from the departments as well and I would agree with Counsel Member de Weerd, I think everybody that lives here should want to take a look at that and see what our vision is and where we think the city is going to be, De Weerd: Mr. Mayor? Corrie: Mrs. de Wee rd. De Weerd: We did have an executive summary to this. Is that something we can post on our web site? Corrie: I think so. We can put the whole plan on. De Weerd: Well, if that could be done, I would like to see the -- direct staff to see that that happens. Corrie: Okay. Any other discussion? Okay. Hearing none, I'll entertain a motion on the resolution. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we approve Resolution No. 02-378, adoption of the Strategic Plan of the City of Meridian. Nary: Second. Corrie: Okay. Motion has been made and seconded to approve Resolution No. 0.2-378, the Strategic Plan of the City of Meridian. Further discussion? Hearing none, all those in favor of the motion say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: AL.L. AYES. Item 9: Continued Public Hearing from June 4, 2002: Proposed Comprehensive Parks and Recreation System and Action Plan: Corrie: No. 9 is a continued Public Hearing from June the 4th, 20.02, proposed Comprehensive Parks and Recreation System and Action Plan. I believe, Tom, you did send us a letter that you wanted to have that continued to the 17th of August? Bird: 13th. Meridian City Council Meeting July 2, 2002 Page 14 of 65 Corrie: 19th? De Weerd: 13th. Corrie: 13th of August. Is that correct? Kuntz: Yes, Mayor. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd move that we continue the Public Hearing for the Comprehensive Parks and Recreation Action Plan until August 13th, 2002. De Weerd: Second. Corrie: Okay. Any other discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Isn't that still our workshop? So are we going to have a Public Hearing on that day? De Weerd: Oh, no. Corrie: No. Nary: So we want it on the 27th? De Weerd: The 6th or the 20th. Nary: The 27th is still a non land use, so I don't know if we wanted to do it there, before we actually change it. Corrie: The 6th, Tom? Ku ntz: Please. Bird: I would change that motion to August 6th, 2002. De Weerd: Second would concur. Corrie: Okay. The motion has been changed until -- changed to August the 6th, 200.2. Approval of the second. Any further discussion? All those in favor of the motion say aye. Meridian City Council Meeting July 2, 2002 Page 15 of 65 Opposed no. The Public Hearing on the proposed Comprehensive Parks and Recreation System and Action Plan will be the August the 6th, 2002, meeting. MOTION CARRIED: AL.L AYES. Item 10: Ordinance No. : AZ 01-021 Request for annexation and zoning of 4.83 acres from RUT to R-8 zones for proposed Berkeley Square Subdivision by Wardle and Associates - 10.25 North Ten Mile Road: Corrie: Item No. 10 is an Ordinance and that would be 02-959. This is a request for annexation and zoning of 4.83 acres from RUT to an R-8 zone in proposed Berkeley Square Subdivision by Wardle and Associates, 1025 North Ten Mile Road. Mr. Clerk, if you would read Ordinance No. 02-959 by title only at this time. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 0.2-959. An Ordinance finding that certain land owned by Jake Centers to be known as Berkeley Square Subdivision located at 1025 North Ten Mile Road and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner has made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Medium Density Residential District (R-8) 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 area to be annexed to 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. Corrie: Okay. You have heard the reading of Ordinance No. 02-959 by the Berkeley Square Subdivision by title only. Is there anyone from the audience that would like to have it read in its entirety? Okay. Council, I'll entertain a motion on Ordinance No. 02- 959. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of Ordinance No. 02-959, request for annexation and zoning of 4.83 acres from RUT to R-8 for proposed Berkeley Square and to waive the reading of the rules, pursuant to the Idaho Code. McCandless: Second. Corrie: Motion has been made and seconded to approve Ordinance No. 02-959 with suspension of rules. Any further discussion? Hearing none, roll-call vote, Mr. Clerk. Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Nary, aye. Meridian City Council Meeting July 2, 2002 Page 16 of 65 Corrie: All ayes. The Ordinance is approved. MOTION CARRIED: ALL. AYES. Item 11: Ordinance No. : AZ 02-006 Request for annexation and zoning of 76.16 acres from RUT to R-8 zones for proposed Heritage Commons by Brighton Corporation - west side of North Locust Grove Road between East McMillan Road and East Ustick Road: Corrie: Next on the agenda is Item No. 11, Ordinance No. 02-960.. This is a request for annexation and zon ing of 76.16 acres from RUT to R-8 zone for the proposed Heritage Commons by Brighton Corporation, west side of North L.ocust Grove Road between East McMillan Road and East Ustick Road. So at this time I would like to have the Clerk read Ordinance No. 02-960 by title only, please. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 0.2-960. An Ordinance finding that certain land to be known as Heritage Commons located on the west side of Locust Grove Road between East McMillan Road and East Ustick Roads, owned by Eugene Quenzer and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner has made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Medium Density Residential District (R-8) 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 area to be annexed to 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. Corrie: Okay. You have heard the reading of Ordinance No. 02-960, Heritage Commons, by title only. Is there anyone from the audience that would like to have it read in its entirety? Hearing none, I will entertain a motion from the Council on Ordinance No. 02-960. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve Ordinance No. 02-960, request for annexation and zoning of 76.16 acres from RUT to R-8 zone from the proposed Heritage Commons, with suspension of rules pursuant to state code, Nary: Second. Corrie: Okay. Motion has been made to accept Ordinance No. 0.2-960. with suspension of rules. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Meridian City Council Meeting July 2, 2002 Page 17 of 65 Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Nary, aye. Corrie: All ayes. Motion is approved on Ordinance No. 02-960. MOTION CARRIED: AL.L. AYES. Item 12: Ordinance No. : AZ 02-002 Request for annexation and zoning of 5.81 acres from RUT to R-40 zones for proposed Cooper Canyon Subdivision by Wildwood Development, LL.C - east of North L.ocust Grove Road and south of East Wilson L.ane: Corrie: Next is Ordinance No. 02-961. This is a request for annexation and zoning of 5,81 acres from RUT to R-40 zone from proposed Cooper Canyon Subdivision by Wildwood Development, LL.C, east of North L.ocust Grove Road and south of East Wilson L.ane. At this time I'd like to have the City Clerk read Ordinance No. 02-961 by title only, please. Berg: Thank you, Mr. Mayor and Members of the Council. Ordinance No. 0.2-961. An Ordinance finding that certain land owned by Lawrence Tuckness Trust of Meridian to be known as Cooper Canyon Subdivision, located east of L.ocust Grove Road and south of East Wilson Lane and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner has made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated High Density Residential District (R-40) 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 area 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. Corrie: Okay. You have heard the reading of Ordinance No. 02-961 by title only. Is there anyone from the audience that would like to have it read in its entirety? Hearing none, I will entertain a motion, Council, on Ordinance No. 0.2-961. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve Ordinance No. 0.2-961, request for annexation and zoning of 5.81 acres from RUT to R-40 zones for proposed Cooper Canyon Subdivision with suspension of rules. Nary: Second. Meridian City Council Meeting July 2, 2002 Page 18 of 65 Corrie: Okay, Motion has been made and seconded to approve Ordinance No. 02-961 with suspension of rules. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Nary, aye, Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL. AYES. Item 13: Ordinance No. : AZ 02-007 Request for annexation and zoning of 40 acres from RUT to R-4 zones for proposed Marlin Subdivision by Winston Moore - north of 1-84 and east of South Linder Road: Corrie: Item No. 13 is Ordinance No. 02-962. This is a request for annexation and zoning of 40 acres from RUT to an R-4 zone for proposed Marlin Subdivision by Winston Moore, north of 1-84 and east of South Linder Road. At this time I would like to have the City Clerk read Ordinance No. 02-962 by title only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 02-962. An Ordinance finding that certain land to be known as Marlin Subdivision located north of 1- 84 and east of South Linder Road and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner is Kimball Properties, Limited Partnership, and Winston Moore have made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated L.ow Density Residential District (R-4) 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. Corrie: Okay. You have heard the reading of Ordinance No. 02-962, request for annexation of Marlin Subdivision. Is there anybody from the audience that would like to have it read in its entirety? Okay. Hearing none, I will entertain a motion from Council. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move the approval of Item -- or Ordinance No. 02-962, request for annexation and zoning of 40. acres from RUT to an R-4 zone for proposed Marlin Subdivision by Winston Moore, including the summary that was attached as well and to waive the reading of the rules pursuant to Idaho Code. McCandless: Second. Meridian City Council Meeting July 2,2002 Page 19 of 65 Corrie: Okay. Motion has been made and seconded to approve Ordinance No. 0.2-962 with suspension of rules. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Nary, aye. Corrie: All ayes. Ordinance No. 02-962 is approved. MOTION CARRIED: ALL. AYES. Item 14: Ordinance No. : AZ 01-025 Request for annexation and zoning of 7.83 acres from R-1 to C-G zones for proposed Silverstone Corporate Center Phase II by Sundance Investments - southeast corner of South Eagle Road and East Overland Road: Corrie: Item No. 14 is Ordinance No. 02-963, This is a request for annexation and zoning of 7,83 acres from R-1 to C-G zones for proposed Silverstone Corporate Center Phase II by Sundance Investments, southeast corner of South Eagle Road and East Overland Road. At this time I would like to have the City Clerk read Ordinance No. 02- 964 by title only. Berg: Thank you, Mr. Mayor and Members of the Council. Ordinance No. 0.2-963. An Ordinance finding that certain land to be known as Silverstone Corporate Center Phase II, located at the southeast corner of East Overland Road and South Eagle Road and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner has made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated General Retail and Service Commercial District (C-G) and declaring that said land by proper legal description as described below be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders or parts thereof in conflict herewith and directing the clty 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. Corrie: Okay. You have heard the reading of Ordinance No. 02-963, request for annexation of Silverstone Corporate Center Phase II by title only. Anyone from the audience that would like to have it read in its entirety? Hearing none, I'll entertain a motion from the Council. De Weerd: Mr. Mayor? Corrie: Mrs. de Wee rd. De Weerd: I move we approve Ordinance No. 0.2-963, request for annexation and zoning of 7.83 acres from R-1 to C-G zones for the proposed Silverstone Corporate Meridian City Council Meeling July 2, 2002 Page 20 of 65 Center Phase II by suspension of rules pursuant to state code and ask the Mayor to Sign and the Clerk to attest. Bird: Second. Corrie: Motion has been made and seconded. Any further discussion? Roll-call -- or, excuse. Mr. Berg, roll-call vote. Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Nary, aye. Corrie: All ayes. Ordinance No. 02-963 is approved. MOTION CARRIED: ALL. AYES. Item 15: FP 02-007 Request for Final Plat approval of 14 building lots on 20.95 acres in C-C and C-G zones for Silverstone Subdivision Phase 2 by The Sundance Company - southeast corner of South Eagle Road and East Overland Road: Corrie: Item 15. This is a request for final plat approval of 14 building lots on 20.95 acres in C-C and C-G zones for Silverstone Subdivision Phase II by the Sundance Company, southeast corner of South Eagle Road and East Overland Road. At this time we will have staff comments, please. Stiles: Mr. Mayor and Council, this is for an addition to the Silverstone Subdivision Phase I that is located just north of the Ridenbaugh Canal, east of Eagle Road. They have amended their development agreement to include this property and it will be subject to all the terms as the conditional use that were approved in the previous phase. You have our comments that are dated June 24th, 2002. There is one item that is not shown on the plat now that we have requested. It would be a turnaround at the end of Copper Point -- in this area here. We have asked that that be done outside of the platting process, so that they can eliminate that at a future time when this property and the roadway is extended to the east. Staff would recommend approval of this development with all staff and agency requirements. Corrie: Any question of staff from Council? Is the representative of Silverstone Subdivision here this evening? Name and address, please, for the record. Larsen: Mr. Mayor, my name is Cornell L.arsen. Address 210 Murray Street, Garden City. Corrie: Do you have anything to add to the final plat request? L.arsen: We had nothing to add to it. We did have one question regarding one of the fire department's comments. On Lot No. 11 he made a comment, which is Item No. 10., on Joseph Silva's letter to the Planning and Zoning Commission dated July 1 st. His letter requested a second access required to that lot. We have two accesses planned in the road improvements. One would be on the west boundary and one would be on the east boundary. Just wanted to let Council know that we had already looked at that. Meridian City Council Meeting July 2, 2002 Page 21 of 65 Corrie: Chief, do you have any comments? Bowers: No. Corrie: Okay. Council, any comment? Bird: I have none, Corrie: Thank you very much. Okay. I'll entertain a motion on the request for final flat of Silverstone Subdivision Phase II. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for final plat of 14 building lots on 20.95 acres in a C-C and C-G zones Silverstone Subdivision Phase II, to ask the attorney to draw up Findings of Facts and Conclusions of L.aw and Decision and Order, to include all staff comments. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the final plat in the motion. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Nary, aye. Corrie: All ayes. Request for final plat is approved. MOTION CARRIED: ALL AYES. Item 16: FP 02-008 Request for Final Plat approval of 58 single family lots, 5 office lots and 10 other lots on 38.65 acres in an R-4 zone for Bridgetower Crossing Subdivision No.2 by Primeland Development - east of N. Ten Mile Road and south of W. McMillan Road: Corrie: Item No. 16, a request for final plat approval of 58 single family lots, five office lots, and ten other lots on 38.65 acres in an R-4 zone for Bridgetower Crossing Subdivision NO.2 by Primeland Development, east of North Ten Mile Road and south of West McMillan Road. At this time I'll invite staff's comments first. Stiles: Mr. Mayor and Council, this property includes two areas of the Bridgetower Crossing plat. The overall plan would show in this area over on Ten Mile. They have made the addition. They have slightly increased the phase line in order to accommodate the well lot that the city has requested in this phase of the development. The applicant has submitted a response to our comments, which we received today. I think I'm probably going to have to look over one of these about the micropath. Perhaps Ms. Bowcutt could help. The item regarding the bike path on Bell Tower Drive, the bike Meridian City Council Meeling July 2, 2002 Page 22 of 65 lanes, the applicant has indicated that she has spoken with the Ada County Highway District and they are not opposed to that and the applicant will provide four foot bike lanes on each side of Bell Tower Drive. Under Item 10 of the staff's requirements we had requested the micropath to continue north, That would extend -- this was a condition of the preliminary plat that the bike -- or the pathway would extend not only to and through to the office uses, but the pathway was also to be extended through this common area to connect with the pathway in Bell Tower Drive. I believe that's what that comment is referring to. The applicant has proposed not to improve a landscape lot. Excuse me. The applicant is proposing that the landscaping not be continued from this point on until the adjacent development is developed in a contiguous phase at a later date. They are proposing to resubdivide that as part of a future submittal. Staff had questioned the change of the policy of the Ada County Highway District and the City of Meridian's requirement to have a 48 foot right of way dedicated from center line on all section line roads and the applicant indicated that ACHD is now requiring only 40 feet of right of way is needed if the sidewalk is constructed outside of the right of way in the landscape buffer. We would approve of that change and ask that that condition be modified to reflect that only a 40 foot right of way on Ten Mile Road is required. The applicant is correct in the reference to Block 5 in Item No. 15 being incorrect. It should read Block 6. As the applicant has agreed with all other terms and conditions of the staff comments, we would ask that the plat be approved with all staff and agency conditions as amended. Corrie: Questions or comments of staff? Corrie: Okay. Is the representative of Bridgetower Crossing Subdivision here tonight? Name and address, please. Bowcutt: Becky Bowcutt. 1100 East Valley High, Eagle. Corrie: Okay. Do you agree with staff comments? Bowcutt: Yes. I agree with staff's comments. I just wanted to make a clarification for the record on the landscape lot. If you look at the final plat submitted, we are making a connection in order to comply with the contiguous and successive clause in your ordinance and then the Ada County engineers requirement that our phases be contiguous in order to utilize the same subdivision name. So when Shari was explaining to you what we would not landscape even though we are platting it is what you see there. That's a landscape lot. It matches what was approved in the preliminary plat. It will be replatted as we plat the collector, which will be in our third and next phase. But we don't want to landscape it, because it will just get tore up. So it's just to meet the intent of the ordinance and state law according to John Priester. Corrie: Thank you. Questions and comments for the developer? Okay. I will entertain a motion, then, on the request for final plat approval of Council. Nary: Mr. Mayor? Corrie: Mr. Nary. Meridian City Council Meeting July 2, 2002 Page 23 of 65 Nary: Just a question. Shari, so do we need to amend some of the conditions, then, to meet that need that the developer has requested or is it adequate the way it's written? Stiles: The way the staff comments are currently written? Nary: Yes. Do we need to amend one of these in regards to that issue, so that we can get that in our findings? I'm looking at No. 10 and I think that's that pathway. Maybe I'm misreading that. No. 11 talks about the planting plan is approved as submitted. I just want -- you know, I just want to I guess get some direction to our counsel as to what the findings should reflect. Stiles: Ten is fine as written. I think the applicant just wanted a clarification on that for the micropath. Nary: And then eleven it talks about proposing not to improve any of that, so that language probably is okay? Stiles: Yes. Whatever the Council would like to do on that. Nary: I mean if we are okay with the idea of not landscaping it, the language in 11 is probably enough. Stiles: Yes. Nary: Okay. Stiles: And the only other changes would be on No. 14. That should be deleted, apparently. If you approve the 40 foot right of way, staff does recommend that that be deleted. Nary: Or we could just delete the second sentence. Stiles: Yes. Nary: Okay. De Weerd: Mr. Mayor? Corrie: Just a moment. Nary: Is that it? Stiles: And then 15, to change the Block 5 to Block 6. Corrie: Okay. Mrs. de Weerd. De Weerd: Well, just on No. 14, instead of deleting the second sentence, I would like it -- it can be 40 feet, as long as -- provided there is a detached sidewalk. You know, Meridian City Council Meeting July 2, 2002 Page 24 of 65 because they could go 40 feet and put a sidewalk next to it and it kind of doesn't go with the intent of the motion. Corrie: Okay. Any other discussion? I'll entertain a motion from whoever wants to make it. Mrs. de Weerd? De Weerd: Mr. Mayor, I move that we approve the request for final plat of 58 single family lots, five office lots, and ten other lots on 38.65 five acres in an R-4 zone for Bridgetower Crossing Subdivision No.2, with the changes as discussed on No. 14, just adding a sentence that -- well, deleting the -- no. I don't want to delete that. Just adding to the first sentence provided for the detached sidewalk. No. And then deleting the second sentence. And then on item -- Nary: Fifteen. De Weerd: -- fifteen to correct the block. Nary: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Roll-call vote, Mr. Berg. Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Nary, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: AL.L. AYES. Item 17: FP 02-009 Request for Final Plat approval of 57 building lots and 5 other lots on 15.8 acres in an R-8 zone for Sundance Subdivision NO.1 by Voigt Development - east of N. Meridian Road and north of E. Ustick Road: Corrie: Item No. 17 is a request for final plat approval of 57 building lots and five other lots on 15.8 acres in an R-8 zone for Sundance Subdivision No. 1 by Voigt Development, east of North Meridian Road and north of East Ustick Road. Staff comments on Item 17. Stiles: Mr. Mayor and Council, this is for the property directly east of the New Meridian Settler's Park. I have just spoken with the applicant's representative. They are in agreement with all of the requirements as listed in our staff report of June 24, 2002. The applicant's representative did indicate an error in our report on page two, paragraph nine, under site specific. It should read professional land -- or professional engineer, instead of professional land surveyor. With that exception, we would ask that this final plat be approved with all staff and agency conditions. Corrie: Okay. Any questions, discussion of staff? Bird: I have none. Meridian City Council MeeUng July 2, 2002 Page 25 of 65 Corrie: Is the applicant here this evening? Name and address for the record, please. Arnold: Mr. Mayor and Members of the City Council, for the record Steve Arnold. I'm with Briggs Engineering, 1800 West Overland Road. Corrie: Do you have any comments on the staff report? Arnold: Other than the change on Site Specific NO.9. Corrie: Okay. Any questions? All right. I will entertain a motion on the request for the final plat of Sundance Subdivision NO.1. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move the approval of FP 0.2-009, request for final plat approval of 57 building lots and five other lots on 15.8 acres in an R-8 zone for Sundance Subd ivision No.1, pursuant to all staff comments with the amendment to Item 9 to reflect a professional engineer, not land surveyor, and for our counsel to prepare Findings of Facts and Conclusions of Law and Decision and Order. McCandless: Second. Corrie: Okay. Motion has been made and seconded with corrections. Any further discussion? Hearing none, roll-call vote. Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Nary, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL. AYES. Item 18= FP 02-010 Request for Final Plat approval of 82 build ing lots and 18 other lots on 29.11 acres in an R-4 zone for Cedar Springs Subdivision No.1 by J-U-B Engineers - northwest corner of W. Ustick Road and N. Meridian Road: Corrie: Item 18 is a request for final plat approval of 82 building lots and 18 other lots on 29.11 acres in an R-4 zone Cedar Springs Subdivision No. 1 by JUB Engineers, northwest corner of West Ustick Road and North Meridian Road. Staff comments. Stiles: Mr. Mayor and Council, this is the first phase of the approximately 100 acre subdivision surrounding the Meridian Settler's Park on Meridian and Ustick Road. I have talked to the applicant's representative tonight and would ask that you turn to page one of the staff comments or scroll to the page one. The application summary, although that's not going to be in the findings, we do have an error on the second bullet. That second bullet item should be replaced -- or, I'm sorry, deleted. We were looking at Meridian City Council Meeting July 2, 2002 Page 26 of 65 another version of the plat and that was not -- that was not shown as an open space lot in the approved preliminary plat. On page -- that was page one. I'm sorry. That was page one of the comments. Page two of the comments, under site specific requirements, Item 3 should be deleted. It also is regarding that lot which is located here on the plat. The very first version of the preliminary plat did show this as a larger drainage lot, landscaped lot, open space lot, and that has been approved differently on the preliminary plat that came before Council. Item No. 6 under Site Specific Requirements, the applicant's engineer had brought to our attention that the 25 in the first line should be changed to 100.. ACHD's requirement is to design the drainage areas to insure that water is retained only during 100 year storm events. The applicant's engineer also has been in discussion with the Settler's Irrigation District. They are not allowing the White Drain to be tiled in this location. The applicant's engineer had verbally requested a waiver of tiling of the White Drain and staff would recommend approval of that waiver. So under general requirements on page three, we would recommend that the Item No.1, after natural waterways, insert with the exception of the White Drain. With that we would recommend approval with the conditions as amended and with all agency conditions. Corrie: Okay. Council comments? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mrs. Stiles, on No.1 0 of the Site Specific Requirements has that determined by land surveyor again. Is that okay or should that be engineer? Stiles; It should be engineer. Thank you. Nary: Thank you. Corrie: Okay. Any other questions? Okay. Is the developer here this evening? Give your name and address for the record. Lee: My name is Gary L.ee with JUB Engineers, 250 South Beachwood, Boise. Representing Hal Murdock on this application. Corrie: Any other comments other than what staff has made? L.ee: I had one comment on the letter from Chief Silva from the fire department. I forgot to review that with Shari, but under his Item 10 it talks about the landscape island that's located off of North Meridian Road and enters our project, I think Baskin Street. He wanted us to move that landscape island back ten feet to allow for turning movements of his fire truck. I checked those this afternoon and we meet their requirements of the radius as indicated in Item 5 of his letter. So I'd like to have the opportunity to talk to Chief Silva about that issue and resolve it to his satisfaction. All other items on the site specific recommendation from Shari -- Corrie: Okay. Council have any questions? Meridian City Council Meeting July 2, 2002 Page 27 of 65 Nary: Mr. Mayor? Corrie: Mr. Nary, Nary: So, Mr. L.ee, should we delay this, then, to allow you the opportunity to do that? Lee: Well, I would prefer not. I'd like to get approval and proceed. We have got our plans about ready to go and start construction. I don't know if there is anyway to move this in that -- that item with the fire department. Nary: If we were to make the condition on the fire department's letter that the landscape island located on the entrance off of North Meridian Road would be required to be pursuant to Item 5, shall have a radii within 28 feet inside, 48 outside, that's the one you're saying it already meets that? L.ee: Correct. Nary: So if we just say 10 basically has to comply with five, that's probably fine? Lee: I think so. Nary: Chief, are you okay with that? Corrie: Chief? Bowers: Mayor Corrie and City Council Members, yes, that will be fine. Corrie: Thank you. Nichols: Mr. Mayor? Corrie: Yes, Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, if I could suggest that we simply insert at the beginning of Item 10. something that says unless the plat complies with the required radius in -- the radii I should say on Item 5 of the fire department letter -- in other words, if they comply, fine. If not, then they have to move it. Corrie: Was there a staff -- further staff comment? Stiles: Mr. Mayor and Council, the parks director has indicated that he had written a letter -- I'm sorry. It's not this one. It's one that's already done. Never mind. It was for a different project. Corrie: Okay. Thank you. Any other discussion? I'll entertain a motion, then, on the request for final plat on Cedar Springs Subdivision No.1. Nary: Mr. Mayor? Meridian City Council Meeting July 2, 2002 Page 28 of 65 Corrie: Mr. Nary. Nary: I guess two things to all the folks who came the public hearings. This is the last one of these. The public hearings are next. We don't have anymore of this stuff, so we will be done with this in just a second. But I would move the approval of FP 02-0.10, request for final plat approval of 82 building lots and 18 other lots on 29.11 acres in an R-4 zone for Cedar Springs Subdivision No.1 pursuant to the staff comments with the following correction: For Site Specific Requirement No.6, that 25 be corrected to 10.0 year storm event. On page one, the second bullet on the application summary regarding L.ot 2, Block 14, be deleted; that item Site Specific Requirement No. 10. be corrected, that it be a professional engineer, not land surveyor, and that No. 10 of the fire department comments be amended to reflect what Mr. Nichols said -- and I can't remember, I didn't write it down, but it be compliant -- No. 10. be compliant with No. 5 and that it be consistent for the landscape island and I think that is all the corrections that we had. So we get counsel to prepare Findings of Facts and Conclusions of Law and Decision and Order. Bird: Second. Stiles: Mr. Mayor. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: There are two items. Delete No.3 on page two and on page three, No.1, add with the exception of the White Drain. Nary: Oh. You're right. I'm sorry. You're right. No.1, exception of the White Drain and delete which one? Three? Oh, you're right. Delete No.3. I'm sorry. Delete No.3, the Site Specific Requirements that related to the other bullet and that are reflected in -- is there a specific one that reflected in the White Drain. NO.1 of general requirements. After natural waterways to reflect with the exception of the White Drain. Corrie: Thank you, De Weerd: Second agrees? Bird: Yes. Second agrees. Corrie: Okay. That being stated in the motion, any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Nary, aye. Corrie: All ayes. Request for final plat is approved. MOTION CARRI ED: AL.L. AYES, Meridian City Council Meeting July 2,2002 Page 29 of 65 Item 19: Public Hearing: AZ 02-008 Request for annexation and zoning of 5 acres from RUT to L.-Q zones for the proposed LDS Stake Center by Lombard Conrad Architects - 2515 W. Ustick Road: Corrie: Item No. 19 now. We'll get into the public hearings section. Does Council want any recess before we start? Okay. We'll keep going then. Item No. 19 is a Public Hearing, request for annexation and zoning of five acres from RUT to L.-O zone for the proposed L.DS Stake Center by L.ombard Conrad Architects, 2515 West Ustick Road. At this time I will open the Public Hearing and have staff's comments first. Stiles: Mr. Mayor and Council, this property on Ustick Road is surrounded on three sides by residential development. The application for an L-O zone allows for an LOS Stake Center to be built on the land. There would be no Conditional Use Permit required for the stake center as proposed, but any other uses besides the L.OS Stake Center would require processing through a conditional use process. The property is immediately south of what will become office lots in Sridgetower Crossing Subdivision here and they will come in for a certificate of zoning compliance to make sure they comply with our landscaping and other ordinances. Staff recommends approval of this application for annexation and zoning with all staff and agency requirements. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I don't know if this question is for Shari or our attorney, but if it's designated for single family housing residential on your Comprehensive Plan, would it not require a Comprehensive Plan change if you change it to L-O? Stiles: Do you have a copy of the staff's report on this that shows the Comprehensive Plan policies? Actually, there aren't any proposed in this -- in this annexation and zoning findings -- or the comments. It does have a staff analysis that's listed on pages two, three, and four of the comments that does show what needs to be found by the Council in order to approve an annexation and zoning. We have several churches within the area of impact that have come in either under an L-O or come in under a residential zone with a Conditional Use Permit, but we feel that the quasi-public nature of a church facility to support the surrounding residential uses is a compatible use and we have recommended approval of this church with an L.-O zone, only with the condition that no other uses will be allowed unless they have a Conditional Use Permit. So it will be restricted to the church, unless it comes back before Council. Their other option would be to come in with an R-8 zone and get a conditional use. De Weerd: Why is a church a conditional use in residential? Stiles: We have had -- well, that's in our zoning schedule of use control. Problems we have had in the past are people operating churches out of their homes that are disturbing to the adjacent residential uses. Meridian City Council Meeting July 2, 2002 Page 30 of 65 Corrie: Did that answer your question? Okay. Okay. Anything else? Staff? Anything else? Okay. Okay. What we are going to be doing, this is a Public Hearing, we'll allow five minutes for the applicant to give their comments and then we will go after the five minutes is up to individual people talking, three minutes a piece, both for and against and then any questions that come up for the applicant from the audience, their testimony will have five minutes to answer those questions. So at this time I would like to invite the applicant to come forward on this request for annexation and zoning of the L.DS Stake Center. Raise your right hand, please. Is the testimony you're about to give the whole truth and nothing but the truth, so help you God? Bennion: Yes. Corrie: Name and address for the record, please. Bennion: Mr. Mayor, my name is Brian Bennion with Lombard Conrad Architects, 1221 Shoreline L.ane, Boise. We agree with all staff level and agency recommendations on this annexation and rezone of this property. Corrie: Okay. Thank you. We have one signed up for this. Brian -- that was him. I'm sorry. Thank you. Anyone else from the public that would like to issue testimony on the LDS Stake Center application? Okay. Hearing none, Council, any questions under the open forum? Okay. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess I don't -- I understood what Mrs. Stiles stated about -- and I am seeing the same thing in the staff report about the zone, but I guess I'm just a little concerned and maybe that was Council Member de Weerd's concern as well in setting that precedent of simply glossing over our Comprehensive Plan and annexing this inconsistent with the plan with maybe not some finding that we have to have -- and, I don't know, I looked through the plan briefly, but maybe Mr. Nichols can assist us here. Do we just need to have some findings to simply change it without having a comp plan amendment or something like that? Would that be adequate do you think? Nichols: Councilman Nary, Mayor, and Members of the Council, the way the Idaho Supreme Court has interpreted a comprehensive plan and its legal effect, it's intended as a guide, but not a legally controlling document in the same way that the zoning ordinance is and so at least as I read those decisions you can make a specific finding that as recommended in the staff report, that there is no additional level of protection or incompatibility of this particular use with those residential areas designated in a plan and so reflected in the findings, so that you don't -- it's not required to have a full formal map change and, again, maybe it's a matter of degree, but I think this particular one is not so different in degree from what's allowed in residential neighborhoods compared to something that might be a commercial business that's, you know, open from 7:00. until 11 :00 at night seven days a week type thing. Nary: Thank you. ( Meridian City Council Meellng July 2, 2002 Page 31 of 65 De Weerd: Mr. Mayor? Corrie: Mrs. de Wee rd. De Weerd: I guess I have a concern. As much public participation as we had in our Comprehensive Plan, you know, that we would be doing this and I appreciate staff trying to find eligible ways of approaching these kind of applications, but we all know in the past church applications have been an issue with neighbors because of the height of their buildings and it's not like a residential coming in, because they are higher than a two story home or that kind of thing. So this is trying to supercede the Public Hearing requirement for a Conditional Use Permit. But, you know, I guess I can see it both ways. You know, we don't want set a precedence that our comp plan map is so easily changed so that someone or -- differs from what it reflects, because we want to ease the process, so they don't have to go through a Conditional Use Permit. I just am uncertain as to the precedence that we are setting with this. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess one thing we can consider, this is approvable under the existing Comprehensive Plan, the '93 plan, and we haven't -- we have orally approved the new 2002 plan, but we haven't implemented it yet and also the ordinances that are going to be subsequent to that. Maybe this is an issue that we can address there, so that we aren't -- because I agree with what you're saying. [ don't want to start this trend simply just for the ease and convenience of what makes sense and I agree with you that the staff did a good job in finding something that makes a lot of sense to do, but it may not always make a lot of sense to do and we may not have the reason to be able to deny it in the future if we are not careful or at least consider that, but we can resolve that in the new plan with the ordinances that need to follow that and maybe that will resolve that issue with that, so -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: We did do the same thing with -- to an L.-Q back in 1999 as stated here and that's -- I was probably -- I guess I was the only one on here, but I agree with the Councilman Nary, we have not adopted the new one. I like the idea of not having to go through a Conditional Use Permit and I question on some of the churches if they are any higher than some of the houses, so I would agree with the staff on this. Corrie: All right. Thank you, Mr. Bird. Any other comments? Okay. No other comments, I will entertain a motion to close the Public Hearing. Bird: So moved. De Weerd: Second. Meridian City Council Meeting July 2, 2002 Page 32 of 65 Corrie: Motion has been made and seconded to close the Public Hearing on the LOS Stake Center request for annexation and zoning. Any other discussion? All those in favor of the motion say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: AL.L AYES. Corrie: Discussion? Comments? De Weerd: Mr. Mayor? Corrie: Mrs. de Wee rd. De Weerd: I don't have a problem with this application and appreciate Councilman Nary's comments. I would ask that staff make sure to address this as we move forward with the new Comprehensive Plan and how we can best deal with items like this without compromising our Comprehensive Plan or the intent of it. So with that I guess I will make a motion to approve the request for annexation and zoning of five acres from RUT to L-O zones for the proposed L.DS Stake Center and ask the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order and to include all staff comments. Bird: I will second. Corrie: Motion has been made and seconded. Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Just to ask if the maker of the motion and second would include that the Findings of Fact reflected this change and that's consistent with our '99 finding with the previous stake center and that it reflect the change as necessary for the Comprehensive Plan, so it's clear that we did discuss it, did make that contemplated change, and did allow for the particular type of use in this zone. De Weerd: Good thing our stenographer is getting that comment. I would move that that be adopted into my motion. Bird: Second agrees. De Weerd: I'm not going to repeat it, though. Corrie: Okay. The adoption will be included in the motion. Any further discussion? Roll- call vote, Mr. Berg. Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Nary, aye. Corrie: All ayes. Motion for annexation and zoning has been approved. Meridian City Council Meeting July 2, 2002 Page 33 of 65 Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Could we take a ten minute recess? Corrie: You certainly may. Bird: I would move that we do. Corrie: All right. Then we will reconvene at 8:15 in the Public Hearing on Item No. 20.. (Recess. ) RECONVENED AT 8:20 P.M. Item 20: Public Hearing: CUP 02-011 Request for a Conditional Use Permit for a sports bar with pool tables and big screen TV's in an 0- T zone for Blumacs Sports Bar by Michael McGuinness - 70.6 East First Street (N. Main Street): Corrie: I will reconvene the recess back on the scheduled Public Hearing. This is -- Item No. 20. is a Public Hearing, request for a Conditional Use Permit for a sports bar with pool tables and big screen TVs in an O-T zone for Blumacs Sports Bar by Michael McGuinness, 706 East First Street, North Main Street. So at this time I will open the Public Hearing and I -- before I do, again, the same rules apply to this one. The developer or the applicant will have five minutes and then each of the people that signed up has three minutes and if you are signed up you still have a chance to testify and then after the for and against are finished, then the applicant can answer any questions for five minutes and then it will be the end. Okay. I will open the Public Hearing, then, and request staffs comments first. Stiles: Mr. Mayor and Council, this is for the property on Main Street in Meridian. It is located adjacent to Harry's Bar and Grill. Across the street here is the Farmers and Merchants Bank. There is the -- let's see, There is another bank here and then we have the -- down on Idaho we have the Heritage Building. Generations Plaza would be just north of this site plan. The old Intermountain Outdoor Sports that is currently being housed, it has residents and offices. There is -- this is a parking lot behind the existing building here. This is all really one building, all attached. They have -- oh. And the bank is here, too. Then there is the Motown Bar and also across the street -- or across the alley from Motown is the 127 Club. Thank you. The staff did not recommend approval of this application due to complaints that we have already had about the existing bars in the area. There is also -- we also didn't feel it met -- at least the staffs vision and we hope the city's vision of what we would expect on the entryway into our city on this entryway corridor. In the recommendation -- the Planning and Zoning Commission did recommend approval of it. I didn't notice in the recommendations where they put a restriction on the operation of the bar. I believe in the minutes of the meeting it indicated that they couldn't open no earlier than 3:00 p.m, and that I don't see in the Meridian City Council Meeting July 2, 2002 Page 34 of 65 recommendations. Staff is still not in favor of this application and would ask that you listen to the testimony of the public in making your decision whether to approve this application. That's aliI have. Thanks. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mrs. Stiles, on the staff report it indicates that the Idaho statute prohibits the retail sale of liquor by the drink if it's within 300. feet of a church, unless it's approved by the governing board. Stiles: Yes. Nary: Does it list any findings we need to find to do that? Stiles: It doesn't. Nary: Any criteria at all? Stiles: It doesn't. Nary: Do you know or did you have an opportunity to look -- I mean I'm going to assume that the bar that's immediately next door is within 300 feet as well. Did you find in the prior application for that bar if that was an issue was that discussed? Stiles: That bar probably existed before I was born even. I don't know how long that's been there. But it's been there for a long time. Used to be the War Eagle or -- what was the -- Keith would know. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: That was originally Pat's Cafe and it become a bar in the late '7o.s, early '80.s, I believe, and went on. I'm sure they are 300 feet away from them. Their entrance door is 300 feet away from the church. Probably not the church property, but the building for the church. Corrie: Okay. Any other questions of staff at this point? All right. This is a Public Hearing and we invite the applicant to start first. Is the applicant here this evening or their representative? Raise your right hand, please. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? McGuinness: Yes. Corrie: Name and address for the record, please. Meridian City Council Meeling July 2, 2002 Page 35 of 65 McGuinness: Mr. Mayor, Council Members, my name is Mike McGuinness, 3872 Moscovy Way, Boise, Idaho. I would just like to say that as a businessman I'm not lethargic in my demeanor. I take care of business. I'd like to open up an upscale place. Go in and bring back the bar to some of its original likeness as to take up the carpet, bring back the hardwood floors, put in some HD TV, make it a very upscale place, a place that you would be proud of and my bartenders are quite inept at taking care of business. We don't let people leave drunk. We don't serve people drunk. We are there to be good a neighbor. I'm a family man and I respect everyone else. And I think that I could coexist with the community. I'd like to add I have no intentions of putting a stage in. I have no intentions of putting dancing girls in. That's the least of my thoughts. As far as maybe an answer to that liquor license, I know that the restaurants, the Italian restaurant across the street from the church, they put in a liquor license within the law and they are within 300 feet of the church, certainly. So I mean it's been done before and another issue seems to be the parking, but I have agreed not open until 3:00 o'clock and anytime after 6:00 o'clock it seems that there is plenty of parking there. I believe it's the Smoky Mountain or the Rocky Mountain Pizza has opened up and the occupancy in there is 1 DO and they don't have one parking space. But they seem to do a good business and downtown seems to thrive. I don't see how a sports bar is going to affect the community in a non-family oriented way. Edwards Theaters, the other business up there, the next to the largest business in that complex is a sports bar and they seem to coexists very well. There is no problems. There is probably more problems with the kids than there is with the bar. And I'd like to open up a place that when you walk in there you say, wow, this is what we have needed. It's going to be a fine place. I'm going to spend some money if I'm permitted to go in there and I plan to take care of business. I have been in compliance with the Meridian Comprehensive Plan. The P&Z unanimously voted me in, but there were some concerns from the residents. I have a couple letters here that I'd like to address on -- and that seems to be their issue also, the girls, which I don't have any intention of putting girls in there. I own one and that's plenty. I don't ever plan to own another one. And then another one with someone that's a partial owner in one of the properties has complained about drunks passed out behind the building, had to escort some of his personnel to their vehicles. Broken beer bottles. Late night arguments. Indecent exposure. Public urination. Etc. etc. I put this application in in March and I have been over here all the time day and night, different times, different days. I have yet to see anyone passed out in the alley. I see very little litter. It seems like the bar owners are taking care of business. Maybe at one time this was a problem or maybe it's happened once, but I don't see that it happens on a regular basis. And then he goes on -- I just think this individual is real naive and ill-informed about opening up a restaurant. I don't plan to open up a restaurant. I have spoken with the Mexican restaurant across the street and they have agreed to deliver. And on about nudity, I don't -- you know, I have never owned a nude bar, don't care to. The only dealings I have with nudity is taking a shower. But that's pretty much it. You know, I can only do my utmost to make sure that I'm a good citizen and a good neighbor. I mean I plan to police the area and I plan to go out there. I'm not an absentee owner. I go in, I open up, I'm there to close every single night, unless I go on vacation, but 99 percent of the time I'm there. I take care of business. Like I say, I want to be a good neighbor. Thank you for your time, Mayor, City Council Members. Corrie: Thank you. Okay. What we will do is we will start with those who are in favor of the sports bar testifying first and then those who are against. So I have signed up two ( Meridian City Council Meeting July 2, 2002 Page 36 of 65 besides Mike. Dolores -- I'm sorry if I -- Lisby? Okay. Some of the names I can't quite read, but yours I can. So thank you. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Lisby: Yes. Corrie: Your name and address, please, for the record. Lisby: My name is Dolores Lisby. I'm owner of said property. My address is 4240 Meadow Brook Drive, Meridian. Said property, number one, with the city ordinance is Old Town. Number one, no nudity, no girls of such would be allowed. Period. Also I will have written up by an attorney that no such thing -- that anything that would go against the city's laws, nothing like would be allowed. He will be -- also put in my papers that he will sign that he will keep the property clean, neat, hose down the front sidewalk if need be, keep it clean at all times. Also with the parking lot that belongs -- that would belong to him at that time, I own a parking lot that's in the back that holds 13 spaces. Right now I have had difficulty leasing the place because of the other bars. It's just about to the point that I'm not going to be able to lease this place unless it does go to a bar. The parking spaces have been taken even though there are signs up there that it's private parking for 706 East First. They are taken anyhow. I have not had anyone towed, just because it is vacant. But it has been a problem, because everybody in town uses my parking lot. Attorneys. Other bars. Other businesses. I have sat out there day and night and watched who does go and where they go. I don't want anyone in there unless they are going to be the very best. I've always been very particular about my places that I lease and I will be there watching. Is there any questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mrs. Lisby -- and I don't know if you know this, maybe Mr. McGuinness. How many employees or personnel are going to be working for that bar? Lisby: I'm not sure. How many -- Corrie: We need to get it on the record. McGuinness: Council Members, there will probably be one to two bartenders on at a time. No more than that. Nary: What I want to know is how many people on your staff, waitresses-- McGuinness: Total? Nary: Yes. How many people are going to use those 13 parking spaces? McGuinness: At one time? Nary: Yes. Meridian City Council MeeUng July 2, 2002 Page 37 of 65 McGuinness: Two. Nary: You're only going to have two people running this bar at time of the day or night? McGuinness: Uh-huh. Nary: No waitresses? McGuinness: Well, the two bartenders serve as a waitress. It's not that big of a place. It's only -- it's probably only 2,0.00 square feet that's usable. Nary: So you're not going to have any waitresses, you're going to have two bartenders, and that's it? McGuinness: They serve as waitresses. Nary: So no manager on the site or is there parking for -- McGuinness: That's me. Nary: So there is three of you? McGuinness: I can park anywhere. I don't need to park in back. I'm not going to argue over parking spaces if someone's parked there and using another facility. I don't find that -- Nary: Under our ordinances we normally require that you provide adequate parking for your staff, as well as patrons. In the minutes from the Planning and Zoning they only discussed the parking spaces in relation to your patrons, not in relation to your staff as well, so that's why I want to know. I understand you can park anywhere and it sounds to me from what Mrs. Lisby said other people have parked there. But I don't care about that. Our ordinance says we need to address it in relation to your staff and whether or not it's adequate for the staff there, as well as the patrons of the place. So is three people all that you're going to have on the staff at anyone time? McGuinness: The answer to your question, during the week, the week day, one bartender. One bartender can handle it. On the weekends probably two and myself. Nary: So two or three people generally at the most would be all you have and you have no intention of hiring waitresses, at least at this point? McGuinness: No. Nary: Okay. Thank you. McGuinness: Thank you. Meridian City Council Meeting July 2, 2002 Page 38 of 65 Lisby: Mayor Corrie and Council, the highway department has said that there will be a maximum, but probably less than ten cars more than what we have there right now and also the city police say that they'd rather have all the bars in one place anyhow, because it's easier to take care of, so -- Corrie: Okay. Thank you. Don? Don: No comment. Corrie: Okay. Thank you, Don. Okay. Mike, you have already -- you're the applicant, so -- all right. Anyone else on testimony in favor of the sports bar? Okay. Now we will start for those against. Art. Are you here? Art? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Ortman: Yes. Corrie: State you name and address, please. Ortman: Art Ortman. I own one-third ownership in 720 North Main Street, which is the old Intermountain Arms building, and I direct Sun America Securities, which is a neighbor there. Does the City of Meridian desire a fourth bar within one within square block in the downtown and the core of the old town? Per one property member and a potential neighbor, I say no. For a number of reasons. First, from the economic reasons. One of the Planning and Zoning members stated that there is an economic benefit to have someone in place at this location and paying taxes. This is agreed. This, however, does not consider some hidden costs. The National Institute for Alcohol Abuse and Alcoholism in January 190.1 -- 200.1 stated: During the past two decades five major studies have been estimated that the economic cost of alcohol abuse in the United States during -- using the cost of illness approach, it concluded that in 1998 the overall economic cost of alcohol abuse was 185 billion dollars per year, of which 18 percent of those -- of this burden was born by the cities and the states that the bars are in. That means Meridian, Idaho. The question really is can the City of Meridian afford a fourth bar within one square block in the downtown area and in the core of the old town? From a social reason standpoint, that same National Institution of Alcohol Abuse and Alcoholism on April 2, '0.1, a review of 121 studies concluded that research has shown that even low blood alcohol concentrations impairs driving skills and increases crash risk. While for many states the blood alcohol concentration, BAC, is .10, it is considered -- that is considered enabled to drive safely, the United States is the only industrial nation to have a BAC limit this high. A large variety of research over many years has already shown that impairment of tasks necessary to drive safely begins at level as low as .05. What is the city saying to the general public if it allows a fourth bar within a one square block in the downtown and the core of old town? What's the increased risk that we are putting our town into by adding a fourth bar? That same national institution stated that -- that basically 29 percent of male drivers involved in fatal motor vehicle crashes had a BAC of .0.1 percent or greater. Basically, a fourth bar means greater risk in our community. Is it worth the risk? Corrie: Thank you. Appreciate it. Meridian City Council Meeting July 2, 2002 Page 39 of 65 Nary: Mr. Mayor? Corrie: Art, we have a question. Council has a question. Mr. Nary. Nary: Mr. Ortman, just so I understand what you're saying, I mean they can put a fourth bar somewhere else. I guess I'm not sure -- I'm not clear on your argument that why having it on the same block would be any different than having it in a different location. Or why that's any different than the stores that sell alcohol or the state liquor store or anywhere else, based on what you have stated. I guess I'm not clear on -- Ortman: Well, there were a number of other things that I was -- time wouldn't allow me to address. But the concept of a fourth bar in a central area to me says a lot about the community and the people coming into the community and what we are inviting to come into the community. Just one extra bar means one extra measure of risk that the community assumes through a loss of income through extra taxes, but through also a risk hazard that's affected. Nary: Thank you. Corrie: Linda Rupe. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Rupe: Yes, it is. Corrie: Name and address for the record, please. Rupe: Linda Rupe. 1422 North Rutledge, Meridian, Idaho. May I give a handout to the members? Nary: Sure. Rupe: Thank you. Mr. Mayor and Council, in the interest of time I'm basically going to read what I have prepared here, so that I could get through it quickly and not get sidetracked. I am the owner of Water and Wood and I am the president of the Meridian Merchant's Association and I am here tonight speaking basically on behalf of the Meridian Merchant's Association. I'm also a member of the board of directors for the Meridian Development Corporation, but I am not necessarily speaking on behalf of them. The first thing that I would like to address is the parking problems According to Fire Marshall Joe Silva, occupancy of a retail restaurant-bar type building is one person per 15 square feet. The main floor of the building at 70.6 Main where Blumacs is proposed is 2,400. square feet. According to the fire marshall's formula the occupancy for that building, assuming that they are only using the main floor and not the basement, is 160 people. At half capacity that would be 80. people in the bar. Assuming that there are two people per car, because rarely does a carload of six people show up to a bar, it's usually one, two, maybe three people in a car. Assuming two people per car, that's 40 cars that are looking for parking with the only 12 spaces available -- and there are only 12 spaces available, that's 28 cars that are still needing parking. At full capacity, which is very possible for a Friday and Saturday night or maybe a Monday night during football season, the numbers are significantly higher. We are looking at 160 people. At Meridian City Council Meeting July 2, 2002 Page 40 of 65 two people per car, that's 80 cars using that building, with 12 spaces supplied, that leaves 68 cars in need of parking. The parking in downtown is already stretched to capacity and a business that brings in as many cars as a bar would not be conducive to the area. Until some parking garages are built in the area, a busy bar would create even more difficulty for the businesses that are already existing in the downtown area. In addition to the parking problems, I feel that another bar on the same block would create an over-saturation of bars in that area. There are already problems in the area with businesses finding litter, vomit, and vandalism as they arrive to work in the morning. Another bar in the same area will surely increase the likelihood of those incidents. The bars that are currently on that block are bars that do not allow family accessibility. They are basically over 21 type bars, which is not, again, conducive to the family atmosphere that we are hoping for the downtown Meridian area. Allowing another bar in that area would surely decrease the ability to attract and anchor business to the downtown area if it were saturated with this type of bars. In addition, I feel that Blumacs, even though they are not going to have bikini dancing, is likely to attract the same type of clientele with the same expectations as their Boise location, simply because of the name that they are using, which is not what we want to for downtown Meridian. After examining the code that defines adult entertainment, I see that it is quite liberal, that waitresses could be very scantily clad and still be within code. Once this business is open it would be very difficult to shut it down for overstepping the adult entertainment line, simply because the code is so liberal. Attached I have included that code and I hope that you will take a look at Chapter 10, Section 3-10.-1, Paragraph C. It is very informative. Corrie: Your three minutes are up. Rupe: All right. Corrie: Thank you for your -- Rupe: Thank you. I hope that Council will deny this application. Thank you, Corrie: Thank you. Nary: Mr. Mayor? Corrie: Linda, we have a question for you. It's not on your three -- Rupe: Oh, I'm sorry. Certainly. Corrie: Mr. Nary. Nary: Ms. Rupe, if this was -- tell me how this would be different if this was Red L.obster or this was a very popular restaurant that was going to bring in a hundred people a night? What is the difference? Rupe: I believe that a business of that type would be more conducive to the family atmosphere that we are hoping for for the downtown Meridian area. We would like to have a pedestrian friendly area where families come down and enjoy the downtown Meridian City Council Meeling July 2, 2002 Page 41 of 65 area and I don't believe that this type of a business would be conducive to that atmosphere. Nary: Thank you. Corrie: Any questions? Rupe: Any other questions? Thank you. Corrie: Thank you. Terry Smith. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Smith: Yes. Corrie: Name and address, please, for the record. Smith: My name is Terry P. Smith, 713 East Kingsford Drive, Meridian. I am testifying as a citizen and not representing any organization or employer. Like so many Meridian citizens I care a lot about the future of the community and of downtown. That's why I have served as chairman of several downtown projects. I support both new and existing businesses of all types in downtown, wanting all empty buildings and lease spaces filed with thriving, successful enterprises. I do feel, however, that this application presents real concerns pertaining to parking, same type of business saturation, community image, and a negative impact on the adjoining property owners. The following comment should not be considered criticism of the existing businesses, nor of the applicant or the property owner. I have not met either. I recognize that club owners don't have control of their patrons activities after leaving their establishments, but the circumstances I will describe are conditions that occur when there is a saturation of certain types of businesses in one area. During my 24 years of working in this block, the patrons of nearby entertainment beverage clubs have created the following challenges. Number one. Since downtown parking is limited, the parking lots of neighboring businesses are filled with patrons. Number two. A high volume of litter trash is left in the streets and close by parking lots beer bottles, shot glasses, broken glass, vomit, drug paraphernalia, sex paraphernalia and so on. It is necessary for business owners and their employees to pick up this litter each weekday day morning. Repair and replacement of vandalized property is an expense to other businesses. Property owner's -- shrubs pulled up by the roots, tree limbs broken, glass doors broken one time. Windows broken out. Destruction of parking lot signs. Number four. Abandoned vehicles have been removed from nearby businesses before being able to conduct business on weekday mornings. Number five. The image of downtown is damaged with the concentration of certain types of businesses. Number six. Inappropriate actions by patrons, such as public urination and sexual acts occurring on neighboring business properties. Because of the saturation of this type of business in the area and my other concerns, I ask the City Council to deny this application. Corrie: Thank you. Any questions from staff? Excuse me. From Council. Okay. We have Fred. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Meridian City Councll Meeting July 2, 2002 Page 42 of 65 Knehans: Yes, it is. Corrie: Name and address for the record. Knehans: My name is Fred Knehans. I live at 3994 Sharonham Drive in Boise, Idaho. I am here representing Farmers and Merchants State Bank. Farmer and Merchants State Bank is requesting your denial of the Conditional Use Permit for the Blumacs Sports Bar at 706 East First Street, Meridian. Some of our primary reasons and concerns is the limited parking space available for the establishment, the number of patrons, the overflow parking that is going to overflow into our parking lots. We don't feel that it is appropriate, whether it is our establishment or another business establishment in downtown Meridian, I realize that they put in -- and we realize there is restrictions on the time in which they can be open, but it's still going to be put a burden on the other businesses to help provide parking after our business is shut down. We have to maintain those parking facilities, we are going to have to be the ones that come in at 7:00, 7:30 in the morning and clean up the garbage left behind in the parking lots and it does happen. There are a number of occasions, even with the existing establishments that are in this core area, that we get complaints from people trying to use our night drop where cars are parked in the drive-up lanes and blocked to where people can't get to our night drop. On the way over here tonight there were a couple of cars parked in one of our drive-up lanes that were across the street of one of the other establishments. This goes on and on and on. I don't care whether it is this establishment, a Red L.obster, or whatever, I think if a business is going to come in it has to meet the parking requirements imposed by the city ordinances and if they are going to have enough patrons there that there are some 20 to 60 cars that they are parking spaces short, they need to come up with some alternatives for places for their patrons to park, other than in other business's parking facilities. Thank you, Mr. Mayor and Members of the Council. Are there any questions? Corrie: Okay. Thank you. Is there anyone else who would like to issue testimony here tonight? Okay. Council, any questions on the Public Hearing that you would like to -- okay. The applicant has five minutes to reply to some of the questions and concerns they have. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Before Mr. McGuinness starts I did have I guess two questions. One, it seems to me it's clear from the staff comments and from the discussions at the Planning and Zoning level that the parking is compliant with the city code; is that right, Mrs. Stiles? The parking amount that's available for this business is compliant with what the code requires? Stiles: The code requires one for 200 and they do have one per 20.0 if they don't use the other level. Nary: And one for 20.0. square feet, that includes patrons, as well as staff? Meridian City Council Meeting July 2, 2002 Page 43 of 65 Stiles: Yes. Nary: But if it's a 2,400. square foot place, they need 12 spaces and he has two staff there, they're short one, aren't they? Stiles: They have 13 spaces. Nary: Right. They have to have 12 spaces for 2,400 square feet, so it doesn't matter jf they have two or three staff people on, that leaves only nine spaces for patrons, that's okay? Stiles: I don't believe it addresses the employees at all. Nary: It just says 12 total -- 12 for the 2,400. Stiles: One for 200. Nary: Okay. And I don't know if Chief Worley can answer this. I did see a comment in here from the Planning and Zoning Commission and discussion that it is the police -- I guess opinion that having an extra bar on that block is not a service issue problem. And maybe, Chief, if you could address -- downtown Boise at 6th and Main gets a whole lot of press and they have a whole lot of bars on one block and I wonder -- I guess the comment was that it concentrates in one place, but we really don't have bars all concentrated in place anyway, so I wasn't clear about why that was the comment. Worley: Mr. Mayor and Members of the Council, Mr. Nary, just from a patrol standpoint, there is some advantage to not having people getting in cars driving, to have some concentration of that type of business in one place and certainly it does generate its own kind of problems as Boise has seen from 6th and Main. I guess to address some of the specific problems, I'd like to either turn the time over now or at the Council and Mayor's pleasure to Sergeant Steve Bradley, who has worked night shift for quite sometime actually dealing with any problems that we have in that area. Nary: And maybe now, that way Mr. McGuinness can have some time to rebut that as well if he has some response to that. That might be the easiest way to go. Corrie: Why don't we -- Mike, let's let him talk and then you can rebut that. Worley: Okay. Sergeant Bradley. Corrie: L.et the record show that all the staff is automatically sworn in to tell the truth, so your job depends on it, so -- Bradley: I do a Jot of that. Corrie: Thank you. Bradley: As far as the area that we are talking about, because of the concentration of the bars in that one area, we do give extra patrol on -- generally starting Thursday night Meridian City Council Meeting July 2, 2002 Page 44 of 65 through Sunday night. We do encounter all of the problems that Mr. Smith alluded to and the gentleman from the bank. All of that information is accurate. Generally speaking, we are able to get in and stop problems quicker and keep things smaller in nature and that's why we don't have the press that 6th and Main has. We don't allow the large gatherings to get going and get people fired up before we are in there to break it up. We have problems in other bars and other parts of the city. I do believe that if this is granted we are probably going to see an increase for calls down in there. That's just the way it is. They are going to have one more place that they can go to if they get kicked out of the 127 Club, they can walk down the alley and go to Harry's, if they get kicked out of Harry's, they are going to have the Blumacs to go to. So it's going to generate more problems for the police, but at the same time we are going to be able to jump on it maybe a little quicker than if it was, you know, out on the west side of town somewhere. Did that help? Nary: Thank you. Corrie: Thank you. Any other questions? All right. Thank you very much. Corrie: Okay. Mike. McGuinness: I'd just like to comment that there were seven liquor licenses given out this year in Meridian. So Meridian is growing and you have to grow with the times and I mean it's not -- the population of Meridian is no longer 6,000, it's 35,0.0.0. and in ten years it will be over 50.,0.00 and with growth you have problems and I don't intend to be a problem. I want to be a good neighbor. I want to come in there and run a good place. I want to have a place where when you walk in there you say, wow, this is what we need. The sports enthusiast will love this place, I guarantee it. It's a place I want to open and I want to do a good job of it. That's alii have. Thank you for your time, Mayor and City Council Members Corrie: Thank you. Council, any other questions on the Public Hearing? Okay. Hearing none, I will entertain a motion to the close the Public Hearing. McCandless: So moved. Nary: Second. Corrie: Motion has been made and seconded to close the Public Hearing on the request for a Conditional Use Permit for Blumacs Sports Bar. Any further discussion? All those in favor of the motion say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: AL.L AYES. Corrie: Staff comments, discussion? Or excuse me. Council. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting July 2, 2002 Page 45 of 65 Bird: I have heard people say that a restaurant and bar parkingwise is about the same. I disagree to the fact that usually a restaurant likes to move the people in and out in an hour, hour and a half. Very rarely when you go to a bar you're going to be there that short of a time. You're usually there for the evening. So there is a difference there. You're moving parking and also I don't know too many restaurants that people get drunk and unruly. I think that we got a real problem with parking downtown. I understand where the owners of these lots are coming from, have to pick up the mess after people have spent the night in any bar. I also agree with Linda that -- that the ordinance -- or the adult entertainment, Chapter 10, can be -- is pretty liberal and could be taken to mean a lot of different ways and you can start out as a sports bar, if it's not successful, then you start looking for things to get the public in there and stuff, so I have a real problem passing on this. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I will throw in my two cents worth. This is a conditional use and in Old Town we kind of look for the conditional use so that you look at the fit and you're not looking at minimum requirements, you're trying to see how it will all fit together with a vision and how you would like your community to grow and [ think it first started with Generations Plaza and the vision of creating a community that's pedestrian friendly, that's family oriented, and that is a nitch and there is a place for drinking establishments. I do believe that there would be a saturation and certainly minimally they are meeting our minimum parking requirements, but when you seek a Conditional Use Permit, that doesn't mean you -- the minimum is the only thing you look at and we do have a parking issue downtown. You shouldn't rely on the establishments to not only clean up after your patrons, but to form partnerships to work in a cooperative nature. I agree, too, with the idea of the image and what kind of statement we are making by having four bars in one square block. That would be a concern to me. And I guess with the 300 feet of a church, the Idaho state code I believe rarely states that you need to state a compelling reason to allow this kind of an establishment and I just haven't heard that tonight. There is no compelling reason to add a fourth bar in that area and I don't know what it would accomplish. I do have concern with the vacancy and I think that as we move forward, Generations Plaza has stimulated some economic growth, it has stimulated interest in our Old Town area and hopefully those vacancies will start filling as people buy into the vision of what is it you're trying to do in your Old Town area. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: In reading the minutes of the Planning and Zoning Commission and Mr. McGuinness did cite that as another reason to approve this, but in reading the comments from the Commissioners, they were troubled, as it appears that we are here as well, and, in fact, there was a comment here of wanting to forward it without any recommendation at all and they are realizing that they really can't do that and they would have to make one, but they had the same concerns, but they recognize that the issue about the church was not theirs to make, it was ours. I would agree with Meridian City Council Meeting July 2, 2002 Page 46 of 65 Councilwoman de Weerd that I am concerned that we have no real finding as to why we would allow a single use bar only. I understand the differences between a restaurant and a bar and I don't see that. I do see that with Piasano's, if that's what the discussion was. I would see that with Smoky Mountain Pizza if that was the discussion. I wasn't here then. But I am here now and I don't see any reason to have a single use bar. If this was a food establishment with a bar as a portion of it, it would be less concerning to me. I understand the public's concern because of the name of this place, but the nature of the patrons of this bar is not the issue, the issue is that that's all it is. It's just a bar. It doesn't have food, it has a delivery service for food. That's not food. If it's not available it's not going to be used. And I don't think that's really an appropriate use for this area. I think it is incompatible with -- I think the parking is a problem. It's not only this building's problem, it is a problem there for all of us, but it doesn't mean that we need to ignore the problem and simply say, well, it's already a problem, let's leave it go. I don't think that's the right way to do this. I can't find any compelling reason to allow a bar within 300 feet of a church, that's two religious places that are near this, I don't find any compelling reason that this is compatible with the neighbors just because there is other bars. I am concerned about having four bars in one block. I think it's a problem that we are going to have a year from now when somebody else wants to buy that -- one of those buildings to put another bar in there. I think at some point we have to say we don't want that. We want something that's more compatible with a restaurant bar type of atmosphere and not just a bar. That's all this is. It sounds like a very nice bar and if it was in a different spot maybe it would be different, but where it's at and what it is doesn't appear compatible to me under our ordinance and it doesn't appear to have any compelling reason to ignore the state statutes. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I agree with nearly everything that's been said here, particularly when Mr. Bird was talking about the difference between bars and restaurants. There have been a number of liquor licenses given out for Meridian, but most of them have been eating establishments and they don't, like Mr. Bird said, go in there and spend the evening, they go in there for an hour, hour and a half and have dinner and leave and so it's quite different and I, too, don't see the reason for bars -- four of them in one square block. I just don't see it. I don't see the image that it would give our community and I, for one, will also vote against it. Corrie: Okay. That being said, I will entertain a motion on the request for a Conditional Use Permit for a sports bar by Blumacs Sports Bar by Michael McGuinness. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we have the attorney draw up the Findings of Facts and Conclusions of L.aw and Decision and Order on the Conditional Use Permit for a sports bar in an 0- T zone for Blumacs Sports Bar by Michael McGuinness in denial. Meridian City Council Meeting July 2, 2002 Page 47 of 65 De Weerd: Second. Corrie: Okay. Motion has been made and seconded for denial of the request for Conditional Use Permit on Blumacs Sports Bar. Any further comments? De Weerd: Mr. Mayor? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I was just going to ask for -- if we could -- to assist Mr. Nichols in that, that we clarify that we found no reason to overlook the state statute or grant that in light of the state statute that prohibits bars within 300 feet of churches and that we also under our own ordinance can't find any compatibility under the conditional use requirements for Meridian City Code 11-17-3 Subsection -- Subsection 0 regarding past service existing in future neighboring uses -- I don't know if there is anything else Councilman Bird would like, at least -- Bird: I would agree to that, Mr. Nary. De Weerd: Second concurs. Corrie: Second agrees as well. Bird: Motion maker agrees. Corrie: Okay. Any further discussion? Okay. Roll-call vote, Mr. Berg. Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Nary, aye. Corrie: All ayes. Motion to deny is approved. MOTION CARRIED: AL.L AYES. Item 21: Public Hearing: CUP 02-015 Request for a Conditional Use Permit to renovate existing office and Convention Center into a private Jr./ Sr. High School for Cole Valley Christian Church by Jeffrey L.. King - 200. East Carlton Avenue: Corrie: Item No. 21 is a Public Hearing. This is a request for a Conditional Use Permit to renovate an existing office and convention center into a private junior/senior high school for Cole Valley Christian Church by Jeffrey L. King, 20.0. East Carlton Avenue. At this time I will open the Public Hearing on the request for a Conditional Use Permit and have staff's comments first. Stiles: Mr, Mayor and Council, this is for the property that currently houses the Meridian Office and Convention Center. There exists the office building here, the Apostolic Church is adjacent to the office building in this location. They have -- in the back area Meridian City Council Meeting July 2, 2002 Page 48 of 65 mostly is a parking area at this time. There are also some old -- I believe they were bus barns of some type that the owners of the property had made some improvements to, but were not allowed to occupy. Corrie: Shari, sorry to interrupt you, but Mrs. de Weerd had a question. De Weerd: Mr. Mayor, I just wanted to ask the Council to vote on whether I could participate in this. I do attend Cole Community Church and so I just wanted to make sure that was out on the table and have you make a ruling if I can participate. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Other than your attendance, you don't receive any other benefit, you don't attend the school, I take it? De Weerd: I might need to, but -- Bird: I see no problem with it. Nary: I have no objection. Corrie: Mrs. McCandless. McCandless: No. De Weerd: Thank you. I just wanted to make sure that-- Corrie: Okay. You may proceed, Shari. Thank you. Shari: The church is proposing to turn the building into a combination junior/senior high school. Part of the office use will remain until they have settled whatever leases that remain on the project. In the future they would like to build a gymnasium in the back portion, the northerly portion of the property currently where the old bus barns or storage sheds were. They would remove those buildings. They would improve the site with landscaping and a sidewalk along East 2 1/2 Street. I'd just like to mention a couple of the recommendations in the -- what the Planning and Zoning Commission had. The applicant has submitted some documentation on the parking spaces that are required. Their calculations show that they would need to have 160. spaces and they currently are providing 159 spaces. They are working on the cross-access agreement -- cross- parking agreement with the Apostolic Church and I believe members of that -- the pastor from that church is here tonight and may be able to testify on whether that agreement will be approved. On page two of the recommendations, under two I'm not sure from the information that I have seen whether any signage was presented and perhaps they could elaborate on that during the Public Hearing. Under item three, line two should be changed to read: An additional 33 possibly available -- add possibly between 33 and available, depending on what is found tonight. The sentence in bold -- the first sentence in bold under Item three, I would ask that that be changed to read: Meridian City Council Meeling July 2, 2002 Page 49 of 65 Applicant must obtain a variance prior to applying for a certificate of zoning compliance for the gym. Applicant's failure to obtain a variance will result in down-sizing or elimination of the gym. And the applicant is aware that they -- in order to provide -- have that additional building, they would not be able to meet the parking requirements. We have also discussed possibJe restriction on functions in the two buildings, so that there wasn't a major function going on in the classroom areas, in the auditorium, and the gym at the same time, so that they would be able to provide enough parking for the function. Also, the applicant's Jetter dated June 26, 200.2, from Mr. Jerry Van Engen or Thornton, Oliver, Keller, in the calculations they have proposed for the office in the high school and senior high school and the auditorium, I would ask that those specific numbers not be included in the findings, so that will give them the opportunity to modify space within the building as they see fit. They may turn larger classrooms into two classrooms or something like that. I just hate to get down to specifics like that in the findings, because it makes it very different for staff to not make them go back through a conditional use process. So if it could just state that the application is approved for a junior and senior high school with an auditorium and that staff will monitor the parking requirements to insure that they comply with the ordinance. On item six, page three, just a little background on the pressurized irrigation system. I'm not sure what's there could be considered a pressurized irrigation system. It had not functioned very well in the past. I don't know if they got that working or not. It was not really a pressurized irrigation system, it was a bubbler system, I think the applicant is aware of that, and will need modification. Also during the initial approval of the Meridian Office and Convention Center, the -- I believe they are plum trees that are located around the perimeter of the site. The applicant at that time had assured us that the trees would be sprayed on a yearly basis to prevent the production of fruit. That has never been done and every spring and summer there is an unsightly mess and I believe a safety hazard from the falling fruit and also the children walking home from school enjoy throwing those at the building and windows. So we'd ask that they, please, make sure that that fruit production is put to an end. Under eight, the handicapped parking, J'm not sure whether the applicant's architect is here tonight just to verify they meet the requirements of the Americans with Disabilities Act. This would also be met simply by his stamping of the proposed plans, because as an architect he is signifying by that stamp that the property or the plans are in compliance with all applicable codes. Here are the elevations of the building they are proposing. I believe this is the new gym. Showing the existing building. With the requested changes and clarification by the applicant, we would ask that this application be approved with the amendments stated and with all other staff and agency requirements. Thank you. Corrie: Thank you, Shari. Any Council questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mrs. Stiles, in looking at the recommendations from the Planning and Zoning Commission, I notice that there was statements, there is some boJded and some -- there are some that are bolded and italicized. Why is that? Are those -- which is the -- is that clarifying what the Planning and Zoning Commission was trying to say or is that something different than what they intended? I mean I just didn't know. Meridian City Council Meeling July 2, 2002 Page 50 of 65 Stiles: I'm sorry, I couldn't answer that. I don't know if Bill knows. Nichols: Mr. Mayor, Members of the Council, sometimes items are bolded in a recommendation in order to highlight things that have to be addressed at the Council level. For example, in item number one on the trash enclosure it highlights that there has to be some agreement about the dimensions on the trash enclosures, which apparently was not done at the Planning Commission level and in item three it references the issue with regard to the parking spaces. I don't know why -- the bolding on the end of item three may relate to the applicant needs to address that cross-parking agreement. Down in item nine it asks for a revised elevation plan and so -- and, again, that comes out of the discussion at the Planning Commission level with regard to the -- as I read the minutes, the plainness of the building as it -- its apparent construction. So I believe, Councilman Nary, Members of the Council, that it's intended by those bolded portions to try to highlight things that need to be considered or addressed at the Council level. Nary: Thank you. De Weerd: That's appreciated. Corrie: Okay. Any other questions? Okay. Is the applicant here? We need to start with the applicant this evening. King: Jeffrey King. Corrie: Give your address and then -- King: CTA Architects Engineers, 1185 Grove Street, Boise. Corrie: Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? King: So help me, God. Corrie: Thank you. King: As far as a lot of these issues, the bolding that you're seeing was actually from the Planning and Zoning meeting. We have actually addressed 90. percent of these issues and we resubmitted to Planning and Zoning. For example, on the trash enclosure we did submit a revised site plan and the building elevations that showed that proposed trash enclosure. The signage -- the intent is to utilize the existing monument sign. If you -- yeah. In the lower right-hand corner -- go back. There is an existing monument sign right on the corner, that would be the southeast -- or the southwest corner of the property. The school would utilize that existing monument sign. As far as the parking goes, as indicated at this point in time when the school moves into the building it will be adequate parking for the school. It's only when we get into construction on the gymnasium that we run into some problems with the parking. The intent would be at the Meridian City Council Meeting July 2,2002 Page 51 of 65 time or prior to construction of the gymnasium that issue would be addressed. I think that's everything. Corrie: Okay. King: Also here is Jerry Van Engen and he can also address a little bit on the parking. Corrie: Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Van Engen: It is. Corrie: Name and address for the record. Van Engen: My name is Jerry Van Engen. I'm with Thornton, Oliver, Keller Commercial. I'm the agent for the buyer in this transaction and my address is 250 South 5th Street in Boise. I wrote Mayor Corrie and the Council a letter in conjunction with Steve Siddoway at Planning and Zoning, because we would have a hard time accepting the initial language of the findings of Planning and Zoning as far as parking, because it stated that we needed to apply for a variance at this time in order to get the conditional use approval. Since then we have coordinated with Planning and Zoning to change the wording, so that they are agreeable to the idea of us addressing the parking variance when it's needed. The reason I'd like to talk to you a little bit more about that is because parking is such a hot issue for one thing, especially downtown. The other thing is is that initially, as my letter states, we are requiring 160 parking spaces and that includes the parking required for three tenants, which we intend to keep for the near term future. Alliance Title occupies about 8,0.00 square feet, DMV has a couple thousand feet and Sweetwater Community Church has a couple thousand feet. We'd like to keep those tenants and over time, as those leases come up, we hope to grow into that space. Because of that, the numbers of parking required is kind of a moving target, because office requires one for 400 -- one parking space for 400 square feet. A junior high is required two per classroom and senior highs require ten per classroom. So what parking requirement we are going to need in two years when we kick DMV out and take that room over and make it into two junior high classrooms and one senior high classroom or some other combination will have to be dealt with at that time. It would be very difficult for us or anybody else to forecast that. Because of that Shari Stiles has agreed that it's probably better to look at those parking issues with CVC at the time of requirement, as opposed to doing it now and that's why we are requesting the change in the item number three. Corrie: Okay. Questions? Thank you. Okay. Thank you. We have a few people that are testifying or at least they are signed up that they were for this. Art Ortman. Give your -- you have already testified. You're okay. Name and address, please. Ortman: Yes. Art Ortman, Sun America Securities, 720 East Main Street -- North Main Street here in Meridian. Just one comment, since I was so negative from the other standpoint. I know these people, because I am the financial advisor for the school in terms of retirement planning for each of the teachers and the staff, as well as the church, and in comparison with what's potentially being brought into our community, this Meridian City Council Meeling July 2, 2002 Page 52 of 65 is the highest standard in terms of quality people and it will be a privilege for Meridian to have them and their -- have them come into play here, not only for the teachers, as well as for the administration, but also for the parents. Highest of quality people. Corrie: Okay. Thank you. John Mascroft? Mascroft: John Mascroft. Pastor of Apostolic Chu rch, 1153 East 2 1/2 Street. Corrie: Thank you. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Mascroft: Yes. Just going back and looking at a couple things. We are trying to work some things out as far as parking issues, things like that. I think one of the concerns we do have as a church there would be -- one of the issues would be if they do later on say, for example, go for the -- they will need parking for the gymnasium. We would be very much concerned about the liability of them crossing our property with the children going across and busses going across, unless a cross-access agreement parking was all taken care of. Possibly parking on our lot all the time also. These things can be worked out, but I don't -- I did want you to be aware of the liability aspect and things like that. And it's also something that would have to be approved by the church membership. Corrie: Thank you. George? Okay. Rod Riedinger? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Riedinger: Yes, it is. Corrie: Name and address for the record, please. Riedinger: My name is Rod Riedinger, 680 West Applegate here in Meridian. Is that it? I'm part of that church. I have been a part of it for nine years. I'm excited about it and I would rather see a church group of people come in, rather than a bar. I'm for it. Corrie: All right. Thank you. Mark Wood. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Wood: So help me God. Corrie: Thank you. Wood: I'm Mark Wood, 3537 North Cole Road, Boise, Idaho. Superintendent Cole Valley Christian Schools and pastor of Cole Community Church. I'm catching my breath, because the last time I raised my hand like that I ended up in San Antonio, Texas, in boot camp. You look a lot better than my Dl did. Corrie: Thank you. Wood: Obviously, I support moving in the high school in Meridian for lots of reasons. It's a positive for us, because of the community of Meridian, the closeness to the interstate, the fact that it was a school, it's part of the historic district, we really look forward to that. Meridian City Council Meeting July 2, 2002 Page 53 of 65 I have met twice -- three times already with John and some of his elders and the secretary. We truly also want the cross-parking, cross-access agreement. We do want to be good neighbors. We have never been a landlord before, so we are working with your church, with our elder staff and administrators, and also with the management company that's currently in the building for the transition for those companies there is almost seamless and we can have the school, they can have the business and we all just get along. Thank you. Corrie: Thank you. All right. The next one is Casey Smith or Cassie? C.Smith: Cassie Jones. Corrie: I'm sorry. All right. Sorry, Ms. Jones. Byron Smith? B.Smith: No comment. Corrie: Is there anyone else that would like to issue testimony? All right. Council -- you can have a rebuttal, but there isn't any against it and I didn't see anybody here, so, Council, any questions from the Public Hearing people? Okay. Then I will entertain a motion to close the Public Hearing at this point. Bird: So moved. McCandless: Second. Corrie: Motion has been made and seconded to close the Public Hearing on Item 21. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: AL.L. AYES. Corrie: Discussion? Okay. No further discussion? I will entertain a motion on the req u est. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve the Conditional Use Permit to renovate an existing office and convention center into a private junior/senior high school for Cole Valley Christian Church by Jeffrey L. King, 200 East Carlton Avenue, Meridian, Idaho, and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order and include all staff comments as noted with the recommendations. Nary: Second. Corrie: Okay. Motion has been made and seconded to approve the request for Conditional Use Permit. Is there any further discussion? Nary: Mr. Mayor? Meridian City Council Meeting July 2, 2002 Page 54 of 65 Corrie: Mr. Nary. Nary: Now I haven't lived here as long as Mr. Bird, but I do think it would be nice to see that used as a school again. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I agree with it. The only thing I -- the only thing I'm sorry is that back in '87 or '88 or '86, whenever they condemned it, the city didn't buy it for city hall. Corrie: Any further comment? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I think we do need to amend Item No.3 on page two of the findings to reflect the conversation about parking and add the appropriate language that it would require possibly an additional 33 units from -- Bird: It's in the staff comments. De Weerd: And that it be timed by the renovation or the addition of the gym, rather than now. Nary: I would concur. Bird: Motion maker -- Corrie: All right. Bird: -- agrees. Corrie: Okay. Any further discussion? Hearing none, roll-call vote, Mr. Clerk. Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Nary, aye. Corrie: All ayes. Motion for request for Conditional Use Permit is approved. MOTION CARRIED: ALL. AYES. Item 22: Public Hearing: VAR 02-008 Request for a Variance to add one additional sign on a large medical clinic and radiology center building by Imaging Center Radiologists -- 2929 East Magic View Drive: Meridian City Council Meeting July 2, 2002 Page 55 of 65 Corrie: The last item on the agenda is a Public Hearing for a request for a variance to add one additional sign on a large medical clinic and radiology center building by Imaging Center Radiologists, 2929 East Magic View Drive. At this time I will open the Public Hearing and ask for staff comments first. Stiles: Mr. Mayor and Council, this property is located out on East Magic View Drive, this particular land doesn't show the whole property. It would be, actually, extending all the way to Magic View Drive. The existing building currently has a sign on the east face of the building. The applicant is requesting an additional wall sign on the southern end of the east face to accommodate people coming to their offices from -- on South Allen Street, so they can more easily be routed to the building. Staff could not find reason for granting the variance. There are many different alternatives that they could pursue to meet the ordinance requirements. The sign that's existing here on the east side on the northern portion of the building can be relocated to the north side of the building, which would allow them to have the wall sign on this end of the building. There is -- in the sign ordinance it does restrict them to one wall sign. Also they have available to them the option of a freestanding sign both on Magic View Drive and on Allen Street that will allow visibility from both directions. Also they would be allowed per the sign ordinance to install directional signage on their property that would also guide vehicles and people back to their development. For those reasons, the fact that they can meet the sign ordinance and that there didn't appear to be any hardship, staff recommends denial of this application. Thank you. Corrie: Okay. Questions from Council? Bird: I have none. Corrie: Okay. Is the applicant here this evening? It's a Public Hearing and they will be first. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Keeble: Yes. I swear. Corrie: Name and address, please, for the record. Keeble: Jason Keeble. I'm with Cook Design studio in Boise and I'm here on behalf of Intermountain Medical Imaging to try to get approval for this variance that's on the sign. Right now you have a -- we have a sign on the northeast elevation of this building. You can only see that from coming down Allen Street and Meadow View at that corner. We would like to establish another sign down here on the southeast so people can see it coming onto Eagle Road, they can see this building, but it needs to be identified pretty quickly so they can at least route themselves to Meadow View that they didn't have to sit there and look for street signs. Eagle Road is somewhat busy. I think this will alleviate great confusion. I have got some pictures here if you guys would like to see them. The northeast elevation here is the sign. They have a lab that's parked here, which we can't relocate the sign to this side without -- it wouldn't do any good, because when you're down the street with the trailer there, it would be at such an angle that it wouldn't have any bearing on any traffic going this way. This is the view from Eagle Road to the building. If the sign was allowed it would make easy identification for that Meridian City Council Meeting July 2, 2002 Page 56 of 65 building. Staff requested that monument signs be put up, but I think the codes allow for only a four foot high monument sign, which you can see some cars are parked along the side of the street and that would -- actually, from this distance it wouldn't be very recognizable, so that's why we'd like to put the other sign down here on the bottom on the southeast. Any questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Keeble, I heard you address the one monument sign, but there also talks about a sign on the north side of the building, as well as a monument sign -- is that Magic View you said would not work? Keeble: Yes. This is Magic View. Nary: Okay. So they also suggested a freestanding sign on Allen Street. So tell me why those won't work. Keeble: Yes. Well, they would be small. From this point up here you could barely see it, but the sign here is actually for people on Eagle Road to make a quick identification on the building, because they will have to maneuver across to get to Meadow Valley and it just alleviates them from figuring out, you know, which direction to go to. Nary: But, Mr. Keeble, it says that you could put a sign on the north side of your building, so it would be visible from the freeway -- Keeble: No. There is a building -- there is a building right here, which takes away the view of this building or this sign. The only time you can see the sign is if you come down Allen Street crossing Meadow View. So you can't see these two signs at one time at any one point. The building has such a long elevation that esthetically it works well with just two signs on each side. Any monument signage, the codes I think like are like four foot high, so from a distance up here where the road is it wouldn't be as visible for clients as would two big signs. Nary: But wouldn't it be visible -- I mean big signs are always going to be visible, I agree with that, but isn't it going to be visible from the street? I mean the address is going to be either Magic View or Allen Street, which are on that street. Can you see them? Keeble: Well, not really. The only time you can see -- the only sign you see, actually, from Meadow View is the north one and if that was changed to the north elevation, you wouldn't see it at all. This one faces -- Nary: Well, you can leave one there. Keeble: Yeah. Yeah. We could. If we didn't have this one down here, it would -- it wouldn't have any identification on site, because this building covers the view of the other side. Do you see what I'm saying? Meridian City Council Meeting July 2, 2002 Page 57 of 65 Nary: Uh-huh. Okay. De Weerd: Why not in that grassy setback? Keeble: Right here? De Weerd: Yeah. Or towards the corner, anywhere in that area. Keeble: Well, like I say,if it was a monument sign, you would have people coming in this direction that need to find it and it's a small -- the code would only allow for a four foot high monument sign, so if the people are there, they have actually already found it. It's just for visibility from Eagle Road for them to see that sign, because this building here blocks the other sign view. If it was -- if the whole building was in view, then it wouldn't be a problem, but since it's split by this building and from Eagle Road it would just make it a lot quicker for people to identify it. De Weerd: Is that an empty lot that we are looking at over -- or over? Keeble: Yeah. Jackson's. De Weerd: So when they build that you won't be able to see your sign on -- Keeble: Well, it depends on what they build, I guess. It's probably more parking, but 1-- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Was that building built when this lot was platted; do you know? Keeble: Actually, I don't know. You'd have to speak to Karen Noyes, she's an associate. Nary: Do you know how long the building has been there? Keeble: This one? Nary: Yes. Keeble: They just had it built, I believe. Nary: How long has the business been there? Keeble: Well, they just moved in. I think they had it built for that purpose. Nary: So when they built it, they knew the configuration of this lot, they knew that when they designed the building on the lot and now they want to put the signs in a different spot and they need a variance for it. Is that basically it in a nutshell? Keeble: Well, I think they had planned for those signs to be there originally. Meridian City Council Meeting July 2, 2002 Page 58 of 65 Nary: Planned for the signs under the variance or planned for the signs that they put on the building? Keeble: Well, planned for the signs that -- before this -- we didn't know this would be a problem. I think the code had just been changed, so -- Nary: Well, except, Mr. Keeble, the code was changed over a year ago. I thought you just said they just built that. Keeble: Well, recently, but -- Corrie: Okay. If you'd like come up, Karen. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Noyes: Yes. Corrie: Name and address, please. Noyes: Karen Noyes. I live at 472 North Waterfront Way, Boise, Idaho. I'd like to answer your question to start. The building was just built and completed. We opened up for business June 3rd of this year. When we designed the building and the layout, even the signs -- if you were able to see the actual pictures, you would see that we actually have lights there ready to light up the sign, until we realized we needed permits. We hadn't done our homework very well. So that's why we are here trying to get a variance permit, because we realize we are not going to fit into what you guys have designed. So that's how we got here. The reason we feel it's not necessary -- that we want another sign is not necessarily the approach from Allen Street or from the East Magic View, the sign we have on the eastern end of that elevation is good for Magic View. Magic View, as you know, cross-sects with Eagle Road. We sit back about two blocks off of Eagle Road on Magic View Drive. Our building mainly faces South Allen, but we do have a Magic View Drive address. So that's what we have for our clients who come in, we give them that address. As they maneuver down Eagle Road -- we realized this, again, as we were building just how busy Eagle Road is. Meridian is growing, we are part of your community, we enjoy being here, but the fact is Eagle Road is a scary place. It's -- I believe, if I have my facts straight with the research we have done, it's not a city road, it's really a highway is what I understand, which is why speed and -- so we are kind of learning a whole lot. But as we try to tell our patients, okay, this is how you get to us and we are trying to describe to them where Magic View Drive is, it's a very small sign, just like a neighborhood street sign. That's great when you're going perhaps 25 or 35 miles an hour in a residential or other districts, but when you're going 55 and you're negotiating and you're hoping to God that you can cross lanes of traffic, it gets a little scary. That is why I guess we are looking at trying to have a quick identification of the building. If you were to drive down Eagle Road, as you get off of [-84, you cannot see the existing sign until you're either at Magic View and by then you better know it's there or you have to go down to the stop light. The stop light does not have a clear sign. It does have a private lane, St. L.uke's L.ane, which we do tell them that, but right now, even talking to the city, it hasn't really determined what is that road there that we ask them to turn on. So whether they are coming southbound on Eagle Road and we are Meridian City Council Meeting July 2,2002 Page 59 of 65 trying to get them to know where to come and what -- because people do have visual contact no matter address you give them or coming off 1-84 going northbound, we are trying to give them a visual. That's our thought. It's -- in your ordinance I thought it was great, because you wrote you want it to be convenient for the citizen, you want to keep citizen's safe. That was two of your main issues on the very first of your sign ordinance. That's all we are talking about. It is a scary road, there is nothing we can do about it, except to try to make people lives easier and if you can get a visual, sometimes you see that before you see numbers on a house or a building. I respect your ordinance, I think it's great. Sitting here all night long listening to all the different ramifications, things you don't normally think about, I'd just like you to consider that. I think we come into Meridian and we built a very nice facility, we are going to keep it up, we are a medical facility, so we take care of patients, so maybe the safety of people is kind of hot on my mind, but I just -- I don't know. I worry about people and there is nothing we can do about the traffic, can't change that, so I'm saying one more sign, it's a very pleasing, esthetic sign, it's a real, you know, illuminated sign, I think it fits very well within your planning and your future planning. I will invite you to take a walk out there. I don't know if the staff had an opportunity to do that, but that's my plea for another sign and the reasons why. Any questions? Corrie: Karen, would it help if ACHO -- I won't say ACHO. But East Magic View Orive had a bigger sign, so they could see that where they turn? Noyes: It sure wouldn't hurt. I talked to some very nice people at the ACHO and the City of Meridian and there seems to be a little confusion about it. You know, that would probably help. It won't help our situation with not doing our homework soon enough and literally having lights up and -- you know, there would be take down limits. So if we want to talk about what's bad for us, yeah, we have to take it down, we are going to have to reface it, we have got a sign made -- it's not your fault, you know, we should have done things differently and, unfortunately, that one small thing we dropped the ball on. So it's less about that and more about -- I don't think it would be a burden on Meridian, I don't think it would be esthetically bad for any of our neighbors, I don't think it would be offensive. Corrie: Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Can you get the picture back up? I want -- the sign that's on the southeast side of the building that your -- it's on the northeast now and where you want to relocate the second, down on the southeast. What they got is a -- is this -- well, I can't remember who occupies this building here. And right across the street is the Lincoln Plaza and Mountain West Bank across Allen Street. This sign you're wanting to put down here, you feel is going to give you exposure to Eagle Road when you got the Jackson's, you got the two medical buildings, they are two stories, but there is the two -- Noyes: I do firmly believe that -- it's been three months since this place has been being built and I go out there -- it was weekly and then daily and now we are out there, it Meridian City Council Meeting July 2, 2002 Page 60 of 65 became our reality, not only, you know, the speed of what was going on on that site, but how quickly you have to identify where you're going and it's not -- I think Magic View is a whole other -- the sign, that's a whole other thing that I would love to see, because it's little, but the other thing is you can see it, even with the two story large -- there is two different buildings in front of us that are St. L.uke's Professional Buildings -- Bird: Yeah. They are the medical buildings. Noyes: You can see them. But that's the problem is with just the one you're either at Magic View or you're beyond it and then if you don't know, okay, now I got to go down to the light and turn, which there is an unidentified road, we don't know what to put on a map. So we have got all sorts of issues. We are thinking we can't wait for lots of things like that to really happen, we want people to see us, know where to find us, so we can serve them a little better, rather than making -- from what I hear we are losing customers, because they go, forget it, we are not going to Meridian. We don't want that to happen. That's bad for all of us. De Weerd: So you're not going to put it on the carport, you're going to put it out on the end of the building here? Is that where you have got the lights and stuff set up there? Noyes: Yes, sir. So it really is on opposite expanses of the building. The entire -- they are at opposite -- total opposite ends. Bird: You have quite a few elderly patients coming to that? Noyes: Absolutely. Bird: That definitely is -- this is Hubble's building right here? Isn't that Hubble Engineering? Noyes: There is -- Bird: Hubble Homes. Noyes: Yes. Bird: And Jackson's sits right here. Corrie: Okay. Any other questions? Okay. Thank you. Is there anyone else from the public that would like to issue testimony at this time? Okay. Council? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Shari, that building -- I mean I realize that we didn't plan the building or didn't put it out there. As the young lady says, that they might have made a wrong choice or something, but they do have a lot of elderly patients. It's an imaging building, as I understand, and you and I both know if you can't see something out there in that traffic, Meridian City Council Meeting July 2, 2002 Page 61 of 65 you might be over to Overland Road trying to get off before you realize that you have missed the deal. I agree, I don't want to go against the ordinance, but I think this one -- I think this is basically, in my viewpoint, this is a safety issue with the traffic congestion you have got out there, so people do see the building and know where they are going. I threw that out while it's still public, so you could reply to me. Stiles: Mayor and Council, Councilman Bird, I don't necessarily disagree with that. I would kind of hope that people aren't looking around for a sign while they are on Eagle Road. It's a big enough mess out there as it is and I'm not sure that at a distance roughly equivalent from out the front door here down to East 2nd Street where the police is, how visible that would be. Bird: I don't disagree with you, Shari. I understand that. It's a long ways. I question -- as I said, I question whether you get between -- how much you're going to see of it with the two two-story buildings out there that -- that Shari's put up that are Jackson's and -- Jackson's has semis sitting in there in their back lot a lot of times with trailers and stuff, so I don't know how good of visibility you're going to have from Eagle, but it's definitely better than what they have got right now. I doubt if you would see anything, because you have got Magic View or Allen Street before you can see that sign. Stiles: Mr. Mayor, Council Members, I would ask that if you are going to consider the wall sign, that there be some concession made by the applicant that at least they forego their ability to put freestanding signs in addition to that. I know -- I know it's not much, but they do -- are allowed quite a few additional signs beyond what they have now and, you know, another way to look at this particular case, if they had happened to sublease portions of that building, perhaps divide it into four or five office buildings, they would be allowed to have a sign on each -- over each doorway. You know, it doesn't change the ordinance, it doesn't change what they need approved in order to get a variance, but I mean I can see -- I can see both ways. I can see some flaws in the sign ordinance, but we have to live with what we have, so-- De Weerd: Mr. Mayor? Nary: I know the Public Hearing is still open, but I guess what I have a concern with is about a month ago we had a very similar situation. We had a platted lot that was behind a building that wanted to have an off-premise sign so you could find it and we denied it, because our ordinance doesn't give that flexibility to that degree and we discussed it at the time of saying we need to revisit our ordinance and this is another example. But I can't make these findings. These findings say we have to find a hardship and the hardship here is partly because they designed their building without reading the sign ordinance. That's not our fault. They say in their application nothing prevents compliance with this ordinance. I have a hard time saying that we can deny a bucket in Meridian at Main Street and then we can deny this other gentleman out on Fairview to have something and here the applicant is saying we can comply, we just would like something different and suggests it. I just don't see how we can do that. We do need to revisit our ordinance. I think that's probably clear. And I think Mrs. Stiles has brought up a good suggestion that if we are looking at a variance, then instead of having a bigger sign, we need to look at whether or not two wall signs is a better fit. But I don't know how we make this finding based upon their request that says they can comply and there Meridian City Council Meeling July 2, 2002 Page 62 of 65 is no special circumstances. The circumstance is created by the applicant. So I know we are not really in the discussion stage, but I don't know how we can make these findings. We need to maybe revisit our ordinance and do that, but there are two intersections that can be found without the sign, one has a stop light and one doesn't. People can find this. There has been no testimony by the applicant that they have even tried these alternatives and not been able to come back -- and come back and show that there is a need. They haven't even done it. It's just a hoped. They just perceive this and I don't see how we can make these findings based on their perception and still stand by the other decisions we have made in the last three months. So since the Public Hearing is open, I guess you can comment. But I just don't see how we can do that. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: Even listening to Mr. Nary, I still can't see why a variance in this particular case can't be granted and maybe we do need to visit the ordinance again, but it seems to me to move a sign on a building, so that you could see it from a greater distance to make it easier for the patients to come in, I agree with Mr, Bird. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: They can do that. They can move the sign. They can't have two on the same wall. That's part of the problem. They could move it. Corrie: That was my question. Can they move the sign without a variance? Stiles: Yes. Corrie: That would -- Bird: Or they could do it for associates, they could split and they got a north entry and an east entry and put a sign over each one. If they split the building up they could have a sign over every door, so -- Corrie: Okay. Anybody got any other questions that needs to be in the Public Hearing to the applicant? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move we close the Public Hearing. Bird: I second it. Meridian City Council Meeling July 2, 2002 Page 63 of 65 Corrie: Okay. Motion has been made and seconded to close the Public Hearing. Any further discussion? All in favor say aye. Opposed no? Motion passed. MOTION CARRIED: AL.L. AYES. Corrie: Now any other comments for the record that hasn't already been said? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I know that our P&Z Commission is starting to get to some of our ordinances. This might be something that they can take a look at, some of the flaws or the areas that we continue to have requests for variances, if they can evaluate our ordinance and see where we might need to tweak some areas or your staff, I don't know what kind of time they have, but if you can either have your staff address that, Shari, or ask that P&Z Commission consider updating or evaluating our sign ordinance, I think with the number of variance requests it certainly would be warranted. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Also, while we look at that, get some people that put some signs up and do it on the -- looking at them, too, instead of when we draft it we left out the people that put the signs on. De Weerd: No, we didn't. Bird: Okay. Corrie: Okay. Any further comments? Hearing none, I'll entertain a motion on the request for a variance. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'm going to move that we deny VAR 02-0.08, request for variance to add one additional sign on a large medical clinic and radiologist center building by Imaging Center Radiologists at 2929 East Magic View Drive, that our counsel prepare Findings of Fact and Conclusions of L.aw and Decision and Order pursuant to the staff findings and recommendations in the staff report and that there is not findings that we can make in relation to 11-18-1 of the Meridian City Code, Subsections A and B, that compliance with the code cannot be accomplished with the allowed signage for this building. De Weerd: Second. Meridian City Council Meeting July 2, 2002 Page 64 of 65 Corrie: Motion has been made and seconded. Is there any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: Bird, nay; de Weerd, aye; McCandless, nay; Nary, aye. Corrie: For the applicant, [ hear what you're saying, [ do agree that you need some signage there, because people have trouble seeing. However, I do agree with Mr. Nary that you need to try something a little different, move the signs around first, then if that doesn't work, then I think you might have grounds for a variance. At this time I must agree with Mr. Nary, that we don't have the proper grounds for a variance at this time, so with that being said, I would suggest that you try to move the signage around, see if it works, if it doesn't, then let's try it again. So I'm going to vote aye for the motion and ask that you do that. MOTION CARRIED: TWO AYES, TWO NAYS. Corrie: Also before we quit, I would like to thank Mike Brokaw of ACHD. Mike, I apologize, but we should have done this when everybody was in this room here, but we do appreciate ACHD and you being here. Do you have -- would you like to introduce the lady next to you? (Introduction made.) Corrie: Okay. Welcome both of you and we will be seeing you again and thank you very much. Council, that concludes the agenda items. Is there any housekeeping things that we need to take up? De Weerd: Mr. Mayor? Corrie: Mrs. de Wee rd. De Weerd: Next week we have our City Council workshop on July 9th. We will start with an executive session at 5:00 o'clock and then at 6:30 we will -- pardon? Corrie: The reason for it is personnel. De Weerd: And then the workshop will be held at Storey Park starting at 6:30.. We will have the Planning and Zoning Commission and the Parks Commission join us for a tour following a brief workshop, again, to probably get an update and then an introduction from the parks director and the Commission members to introduce the tour itself. It will be a potluck barbecue. We are in charge -- I understand that Will will coordinate some beverages, but if each Council member and Mayor would bring a bag of chips, that would satisfy our requirements for the potluck. Corrie: One bag of chips apiece? Nary: Is it 5:00 o'clock? Meridian City Council Meeting July 2, 2002 Page 65 of 65 De Weerd: 5:00 o'clock for executive session, 6:30 for a workshop. The P&Z Commission is bringing deserts. The Parks Commission is in charge of side dishes and condiments. The Parks Department is coordinating the barbecue and paper goods and certainly the appropriate staff, Planning and Zoning Administrator, Will, Bill -- Will, Bill and anyone else that rhymes. Frank, you're certainly welcome to join us. You won't even have to bring anything. McCandless: Mr. Mayor? Corrie: Yes, Mrs. McCandless. McCandless: On the 13th? De Weerd: July 9th. McCandless: Oh July, 9th. Okay. That's no problem then. De Weerd: Just to remind you, the 17th of July as well for our volunteer appreciation barbecue. McCandless: But I can't come to that. That's what I was worried about, because I've got -- I'm going to be gone the 16th and 17th anyway. Nary: Could we adjourn so we don't have to keep track of the minutes. Corrie: Okay. Motion been made and seconded to adjourn. I didn't get a second. Nary: I think Mrs. McCandless seconded it. McCandless: Second. Corrie: Okay. All those in favor say aye. MOTION CARRIED: ALL AYES. Corrie: Okay. Meeting adjourned at ten minutes after 10:00.. MEETING ADJOURNED AT 10:10 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ATTESTED: (3) t i '\v V\..hI'\ G" \ /.-;2 - () d-, / Item Packet Pickup ~/W 1 j)~=- " ~~ V'--- 0170 eDJ]1ZJ \ I) It/ {..l.~"" l"-\-o..O' ~ C~VY\C_h~.-=== K;; ~~bv Jv- ftJ!7-V 11 ',20 1"- ~ \, / CC()tlc./ ; ~ vv'\-'-t6tA ,~ ~W /b..~ :)V- F 'IS- '\AJII f COL~ VA4-.s( 2.\-\iZ\?T1A.~ ~] _lL /' .0;; 4:-4f) h j{J ~ D6-~l>rmAf~$ fVJt./#S'J'lIV r't- 42- IJ ~CJ;}J 11 II 1/ If :tlS Ai? v ~ 'I VM >;fvYu :Jl- il;. (1/,.Lt'lj il'-/~a~ /Zr't/'!: 5S~ L03 ~~ &vol~ '~wkj17! 1-l-o~ f.'c:nJ ~ .0iwmae.s -1>>1. iitl~ f)-I-DZ 1:( 0 ~ JNft;;/i-mOOKJT.tjcN f-t]t:O(L4L+f'I>>C1fr{~ J.~e~Gl;f;:. 7-{ 02- j;'J:10 dLfi) ;;~~c. leA Aet-l::r <J-;:;;/ f3/{JuAUr7-/-()~1 ~S5 ~).; IL . I () . ----- 'D aC/c.. IJ.o-u _v ~.O{M t7Y.J /1 h00 'O/Je.1 (, dtt4~ 7 ~ f-() 2 "/.'4 '(" ~ , V I ~ ORl(;lNAL .' .1h- THIS LEASE made this Ji day of June, 2002, between the CITY OF MERIDIAN, a municipal corporation (hereinafter referred to as "City"), and the MERIDIAN CHAMBER OF COMMERCE, INC., an Idaho corporation (hereinafter referred to as"Lessee"): I GRANT OF LEASE: DESCRIPTION OF PROPERTY: DURATION OF LEASE That in consideration ,of:the rents, and conditions on the part ofthe Lessee to be paid, kept, and performed as hereinafter mentioned, City hereby agrees to lease to Lessee a certain parcel of real property situated.in Stor~y Park, located in the City of Meridian, Ada County, State of Idaho, said parcel is more particularlYidescribed in Exhibit A which is attached hereto and incorporated by this reference. To have andito hold the said parcel ot"ground unto the use of said Lessee, its successors and assigns, for the term of fifty (50) years beginning on the date of these presents. The City covenants that upon the expiration of said term at 50 years it will negotiate for another lease of said premises. II RENT Lessee agrees to pay the City as rent for said premises One and nol1 00 Dollars ($1.00) per year. All fifty (50) years of this lease term have been paid for in full by the Jessee as of the date this Lease is executed. III PUBLIC RESTROOMS The Chamber of Commerce building contains two public restrooms with exterior entrances. Additionally, this portion of the Chamber of Commerce building, which contains the two public restrooms, has been paid for by the City and said portion of the building is City owned property. City agrees to assume total responsibility for furnishing and maintaining the plumbing and electrical bathroom fixtures, supplies, including paying for the sewer, water, electric, and natural gas charges and assessments as they relate to the public restrooms. IV TAXES, SPECIAL ASSESSMENTS, AND PUBLIC SERVICE CHARGES Lessee agrees to pay all taxes and assessments, general and special, and all other impositions, ordinary, of every kind and nature whatsoever, levied or assessed upon the building or improvements at any time situated on the leased parcel during the tern of the lease. Any such taxes or assessments pertaining to the public restrooms shall be the responsibility of the Lessor. Furthermore, Lessee shall pay for all user charges associated with the structure, except those that relate to the public restrooms. and which restrooms are City owned and referenced in paragraph III above. The City shall pay, by a separate billing to the property, the utilities that are furnished to that portion of the building. including any power, natural gas, and water and sewer hookup. '-- V CONDEMNATION OF LEASED PROPERTY The parties by this provision provide for the contingency that the premises or a portion thereof could be taken by a public authority under the power of eminent domain during the term of this lease. With respect to the compensation recovered upon a.ny such taking, the parties agree that all compensation for the reduced value of or the loss of the fee title to the land the City's interest in the leasehold created by this lease and all othercompensatjon except that hereafter specifically assigned to the Lessee shall be the property of the City; and that compensation for the reduced value of or the loss of the improvements, including the building (except for the publlc restrooms which are not property of the Lessee). located on the leased premises, the Lessee's moving expenses, the Lessee's loss of busines~, and the depreciation of the Lessee's stock and fixtures shall be the property of the Lessee. . VI USE OF PREMISES The parties acknowledge that the City is leasing the described parcel to Lessee to allow Lessee to use the premises as the location for the office of the Meridian Chamber of Commerce. lnc, and Lessee's related activities, Lessee shall also be entitled to operate a visitor's center on said premises. In the eve.nt Lessee shall cease to use the leased premises for a Chamber of Commerce office, such shall constitute a default of this Lease and shall entitle the City to terminate this lease and pursue any remedy herein provided. Lessee shaH make no unlawful use of the leased premises, nor shall Lessee perform any acts or carry on any practices upon the premises which may injure the enjoyment of the surrounding park or be a nuisance or menace to the City ,or patrons or Storey Park. The City shall maintain, at no cost to the lessee, the landscaping and watering of the premises. VII INSURANCE A. Liabilitv Insurance. The Lessee shall at all times keep enforced a standard insurance policy insuring the City and the Lessee against public liability on or in any way connected with the premises with the limits of liability, in 'those amounts as currently set forth in the Idaho Tort Claims ;Act, or in such amounts as.may'hereafter be set forth by said Act during the term of this lease. Lessee further agrees to prav.ide City with written proof of insurance at least annually, or upon the reasonable request of City. Insurance for the restrooms shall be maintained by the City. B. Lessee to Indemnify City: Lessee agrees to indemnify and hold City harmless for any damages or claims which arise out of the Lessee's use or occupancy or the leased premises, exclusive of the public restrooms. LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -2- ....,-- .! C. Fire Insurance. The Lessee shall at. all times dur,ng the term of this lease carry and keep in force a standard fire insurance policy insuring the premises for the full insurable value hereof with extended coverage. Insurance for the restrooms shall be maintained by the City. VIII QUIET ENJOYMENT The City warrants and agrees that it holds merchantable title to the premises, and that it shall defend lessee's peaceful possession of the premises during the term of the lease against all interruptions by the City or any person claiming under the City unless this lease is terminated for the default of the Lessee. IX CITY'S DEFAULT If the City shall default in performing any of the provisions of this lease to be performed by it, the Lessee shall not pursue any available remedies (except to secure an order or judgment of court restraining or enjoining each such default) until the Lessee shall notify the City thereof specifying each such default. .If the City fails to correct each said specified default within ninety (90) days after service of such notice, the Lessee may, without further notice, terminate this Lease and pursue any other remedy now.or hereinafter provided. by. law, no remedy being exclusive. X LESSEE'S DEFAULT If the. Lessee shall default in performing any of the provisions of this lease to be performed by the Lessee,.the City shall not pursue any available remedies (except to secure an order or judgment of court restraining or enjoining each such default) until the City shall notify the Lessee thereof specifying each such default. A. Acts of Default. The following, but not limited to the following, eventualities shall be acts of default by Lessee, upon occurrence of which City shall have the right to declare this lease immediately terminated with the consequences herein provided: (1) Failure to comply with any other provision hereof within ninety days following written notice of default given by City, which said notice of default shall specify the matter in default; (2) Abandonment of the premises by Lessee; or (3) Commencement of any proceedings to declare Lessee a bankrupt, or for relief under any of the Chapters of the Bankruptcy Act. whether voluntary or involuntary, or the appointment of any receiver or trustee of the assets of Lessee situated in or upon the leased premises, or the seizure of all or any substantial portion afthe assets of Lessee in or upon the leased premises under any levy of attachment or execution which shall not have been released within thirty (30) LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -3- ':10.,_'. ...' . days after the date thereof. B. Remedies Upon Default. If the Lessee fails to correct each such specified default within ninety (90) days after service .of such notice, the City may, without further notice, immediately correct the specified defaults, in which case the cost thereof to the City shall be deemed to be additional rent, shall be immediately due without further notice of default, and the City may institute all necessary proceedings to collect the same, and pursue any oth.er remedy now or hereinafter provided by law, no remedy being exclusive. XI TRANSFER BY LESSEE PROHIBITED The Lessee shall not sell or contract to sell or assign or contract to assign this lease or sublet or part with possession of ' the premises or any part thereof, or otherwise transfer or hypothecate or assign as security or pledge or otherwise encumber the Lessee's interest in this lease or in the premises or any part thereof. It is agreed the reason and justificati,on for the above restriction on alienation and transfer is reasonable and the City would not lease this property to any entity other tban Lessee for any use other than that stated in ,this lease. Any violation of the provisions of this paragraph,by the Lessee shall constitute a default by the Lessee .entitling the City to pursue any remedy herein provided for the default of the Lessee. XII ENFORCEMENT EXPENSE If any court action is brought to enforce any of the provisions of this lease, the losing party shall pay to the prevailing party a reasonable attorney's fee in such action. XIII ALL MODIFICATIONS TO BE WRITTEN No modification of this lease nor any waiver of a provision hereof shall be of any force or effect unless the same is in writing and signed by the parties hereto. XIV NOTICES All notices required or permitted to be given hereunder shall be in writing and shall be sent postage prepaid by United States registered mail, return receipt requested. A notice mailed and addressed to the address set opposite the signature hereto of the party for whom the notice is intended, shall be deemed served and conclusively presumed to have been received the day after it is mailed, Any party may, by written notice given as herein provided, change the address for notices to be sent to such party. LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -4- .........-~.' ... } xv TIME OF ESSENCE Time and prompt performance of each provision of this lease is of the essence. XVI WAIVER Waiver by one party of one or more defaults in performance of any provision herein contained to be performed by the other party shall not waive the provision. itself or any subsequent defaulUn performance thereof or the. provisions of this paragraph. XVII GOVERNING LAW All questions relating to the construction and validity of this lease agreement shall be determined in accordance with the laws of the State of Idaho. XVIII INTERPRETATIONS The underlined paragraph headings used herein are for convenience only, are not a part of this lease, and shall not be used in construing it. This lease is executed in several counterparts and each counterpart shall be deemed an original for all purposes, Each provision of this lease to be performed by the Lessee shall be construed to be both a covenant and a condition. The term "person" shall include all legal entities, including, but not" limited to, person, partnership, corporation; trust, e;;tate, association, or governmental unit. Singular terms used herein which relate to the City or to the Lessee shall be read as if written in the plural when the context so requires or permits. XIX . BINDING EFFECT The agreements herein contained shall be binding upon, apply and inure to the City's and the Lessee's respective heirs, executors, administrators, successors and assigns. xx EFFECTIVE DATE Effective date means the date that this lease agreement is dated above and is the date on which it will take effect regardless of whether the parties hereto signed it before or after such date. LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -5- ~- .. IN WITNESS WHEREOF, the parties have subscribed their names and have set their s~als on the day and year first above written. CITY OF MERIDIAN, IDAHO 33 E. Idaho Street Meridian, Idaho 83642 ATTE$T ATTE.ST: J ph W. Borton President ' By: LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -6- ---.........""'" :t' 8T ATE OF IDAHO, : 55 County of Ada On the~~ay .of M~fore me, the undersigned, a Notary Public in and for said State, personally appeared JOSEPH W, BORTON and, known to. me to be the President of the Meridian Chamber of Commerce, Inc., the persons whose names are subscribed to the within and foregoing .instrument and acknowledged to me that they executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written.. (SEAL) ~",\\~\""111111111. 11.~~~~ '{ 5. JEP801!~L.. ~ ........... 'iT -~_ ;:: C:I .0 o. ~ ;:. .. I.. ~ ~ .. o'fARY.. 'S. : : t\ ~*: - . .. - =*: ... ::: - .,. . .... ~ . ~C . ~ * ... PUBLl. .. ~ ~ ~. .~ $ ~~. .'. *' ~ .~.""."...:~ ~ ~/I. "fA1Eor\\l~*''i: 1111111I11I1\\\\\\\ STATE OF IDAHO, ~~d~, Residing a~~ ....j~A-U Commission Expires: #() ~ / S- -07- : ss County of Ada . ) (I.~ J~ On the ~~day of March, the undersigned, a Notary Public in and for said State, personally appeared ROBERT C. CORRIE and WILLIAM G. BER~, JR., known to me to be the President and City Clerk of the City of'Meridian, the persons whose names are subscr.ibed to the within and ~ . foregoing instrument-and acknowledged to me that they executed the same on behalf of said City. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written, (SEAL) ........ ...ON S-M;. .~~oT~f.;:.. :":>/ \ . · l I · . . ,: . , . ~ \ /. .... .. '.. h.~.J"~~",. .cP ...~";:'~ . ...~.,.:;,,---.;n .. ........iSOF lJ-':.+ .......... ~.uy\~~ Notary Public for Idaho , { n _ Residing at: AJ.o..., Cetv~ cJO\.C<..{Il..Q Commission Expires: 4 - :J- <6- 0 '5 LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -7- ~ ~~ -//' :,,: . .1 I : I I I.. I) r 0 i.. .._ ._........_....._.._.._.__ D(lte...__.....__.By..._.__..:.. Sheet..___.._...Of...___ De~r.'(ip-tl0~ fov ko:< oP I.'( p~r"ud.. Ob m~~..q.l""M- ~ ~pt/\-C; $; \,,,,a .{of' d "VI 1~..L NW Y4 N w.JI4, J $'ec. log. 1': 3. u.) I1.J E. M{Yld l~ I A~GI. c.otArl-l"1 ) 1:"0 ,,-to ,I lJ".is pavu..l ot PVT'feA~ ~ W\ove. pMh ~lA.{A"'1 d.t!.t:..\~d as \ .[;lLuws: tCt'"'r\""""r...",r.I"':'3- 0.1"" f\..J. $-H.-ho~ Co~'o'\.(\V 'f{lWl.v.....-.,. -/1...t.. n4....1kWfsr CAV'VUiY' db $.(.e-ho~ , & I -r. 3 rJ.,J 1(.. E. ) 6.M. 1 Ad. A Co~ '?J j ~u... eas~'d ~3 -11..4.. Yl.or~' btOlAl'lli""d t~ vb sa..~d. S~c:h(....,.,~ls;() sa.~d. 1.~ ~J I -fkt. l.tM.ivd~ o!. :JvUM.k~. R.Ot1 J, afPn1'L~A~tq I.ost) ~t: -h (I p~rl ' ~u.. SpkituA.tu 4p~VIJ'/.'tl\M(J.ttl-. 4~ 1Jut ~. po~T ~~~ ~ ~~Sf!e-b.o;' ~ish~a. .-1 -d. s"llf POIr\t" ~h" *" ~AL.por"rof"t6::;/,,,,1. cf> on,.tl.\ ~ ~k. F u. tv...d- yn tLur'{ ~A j ~ wtS~~, "If pCAAt.U.tl wi~ -hv. v~ ~ ~c.c...J 100 t,-uf +0 'p('J~J ~ S o~.hl.l.\,~ cafPY1r't~oi11.u 11> 0 tut ~ () prj.........:r vb tM.ttA~tc.fuM. Lvi.k.. ""- ~ ., ..( - - -4 nON-lo.LO~ . wlshvt~ ~CAiU. rlUtf'Wd C4.v\.b j ~tA. S()(..\4\...R.o.$~^~;l nOAthu1 / o..Lnf ~ .ll,ti~h~1 ColfLc.u.U. ro4~w~ ~ Q'PPvn.\~a.ti.la t-qo ~ -\0 .. 1Iu. ~EAA. POl\''''\"" oF' ~t#6h'~l-V'\~ J Covnpv'ls.n, ap~W'J:\~l)~ Y3 4C~J Vile W. 0 '{ t~. , . ~ I , ;1 I I I 1;1 i' ;j 'I II P ! il II It I! ;~ r ,. " " Exh~bit: 1 J '.jj .. . .L1>1 r L E _ 5 ro <:;;0, ~ \l.,.\ -A J 0 J.)c:O II ~ ...... ;: IS" - - ~ -.....: ~ , ~ l.-iJ l.I\ ...... ~ \S:) oe:; o ....... -,l. ..:t <s o ~ . .. ~ ~ ~ .~ ....:::: ~\ ~::::J ~ It ~ ,.. I . "" c:.!1If. o .... \S). .- 0 -00- d:) _"",( 4i ~ ~u '--- . s:> o S<",I-: 17{ (q SU : -f 60 --- to 3~ zoo~ r 5'0 . t7?r .,......::........ ..- -~. -_.....-..~: ~ .:-.... L IUU u, II ""~Ullo' VcUlt:iy 33 E. Idaho ( Meridian, Idaho 83642 868-4433 t All claims aod re[~mod goods ~ UST be accompanlod by this bill. C000654 "A. " .. ."' ,. '." ........ . <. . ,. ,"... ..... .-, ... - .. MERIDIAN CHAMBER OF COMMERCE P.O. BOX 7 MERIDIAN. 10. 63680 (208)888-2617 PAY TO THE Meridian City ORDER OF TAX ....--,." n"-', IDAHO INO~P~KO~HT BANK MERIOIAN OFFfCE MERIO'AN. IDAHO B:lB4~ . . f I ! ", i' ~. . f 1 i } l~ ,.., .1. ~. ~ f I 1 .., i~ )., ~ j. ~ / ; ~ r \ r " f ~ 1 L !. I I ; ! ,.. ! J.....: . _._. _....__.. .__,_" 6209 92-373/1231 05 71212002 ."'14 DO $ , Meridian City Fourteen and 00/100""'***"''''.'''.****.********'''.......****..*** .*******...****.********.*.****....***......**.......***.. DOLLARS MEMO Balance of Lease lJIOO b 20 q II- I: ~ 2 ~ ~ 0 3. ? 3. 2 I: 0 SOD 0 . . ~ SOli- ....' .. ., _~."..n"_ . .>. ~ _ ...____-"..... qHub of Treasure Valley. 33 E. Idaho Meridian, Idaho 83642 888-4433 ~9 All claims and flillurf'.ed goods. C000654 J. MERIDIAN CHAMBER OF COMMERCE P.O. BOX 7 MERIOIAN. 10. 83580 (206)888-2817 Meridian City Ba.lail cc of Lease MEMO PAY TO THE Meridian City ORDER OF r-rtr ill> I r " i 1 . '. IDAHO lNr;laPENOENT SANK MERIDIAN OFFICE MEiRIOIJ&N, IDAHO 63642 I:. I t L r 1- { 1. , r. ~ r . \ ~ : " r r f. ..' j { 1. I . f ;., . ,-- - ... .....--.. .~-..". 6209 92-313/1231 05 712/2002 '"* 14.00 $ Fourteen and 0011 00"'*** ******"'" ****..***** ,,**"''''****.''''''''' u * *...."''''. * .",..", ",..*>io. >10 * *"'*... ."'** *****>io******".. .***......**...*.. DOLLARS u'OOf; 209111 -: ~ 2 j ~O 37321: 05000 It 1 ~ SOU. Meridian City Council Meeting June 24. 2002 Page 30 of32 Corrie: Okay. Motion has been made and second with the suspension of the rules. Any further discussion? Okay. Roll call vote, Mr. Berg. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. MOTION CARRIED Corrie: With that, we wilt have Item number ii-C. I would like to tell the Council or ask the Council or tell you or whatever the verbiage is, I'd like to have a pre-Council meeting next on the second of July at 6:00. Brad Watson wants to meet with you about this latecomers discussion of Water and Sewer latecomers agreement with Sundance Company. He said he figured that 30 minutes would do it. Is that correct, Brad? Watson: Yes. Corrie: Then we can go about the regular meeting on time. I did put that on the second of July at 6:00 so we can (inaudible) 30 minutes earlier to hear that. Bird: That's good. Corrie: We have some discussion that needs to be handled with the Council. 11-C. Lease Agreement with Chamber of Commerce: Corrie: Okay. The next item is 11-C, which is the lease agreement with the Chamber of Commerce. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we go into the Executive Session as per Idaho State Code 67- 2345 (c) regarding the contract. McCandless: Second. . Corrie: Okay. Motion has been made and second. Roll call vote, Mr. Berg. Roll Call: Bird, aye; Nary. aye; de Weerd, aye; McCandless, aye. All ayes. MOTION CARRIED Corrie: Mr. Bird, who all do you want here? Just the four of us and the attorney? Bird: The four of us and Attorney Nichols. (Executive Session) Meridian City Council Meeling June 24, 2002 Page 31 of32 Corrie: ('II entertain a motion to come out of Executive Session. Bird: So moved. Nary: Second. Corrie: Okay. Motion has been made and second. All those in favor say aye. Okay. Let the record show that no decisions were made other than what will be done in open public meetings. CounciJ- Bird: Mr, Mayor? Corrie: Mr. Bird. Bird: On this lease with the Meridian Chamber of Commerce, there has been a, J glless, a couple of changes unbeknownst to the City that was sent to us signed by the President of the Chamber and approved by their board. We had sent them over an exhibit that we would agree with and asked them to look it over and see if they agreed with it. At this time, I would move that we table this lease agreement and that our attorney get with the President of the Chamber of Commerce and a couple of their board members and ask them to come to the Juty 2nd meeting so we can discuss the changes that were made by them on this lease agreement. De Weerd: That was a long one. Nary: Was that a motion? Bird: That was a motion. De Weerd: Second. Corrie: Motion has been made and second. All those in favor say aye. All ayes. Now you can have a discussion on that. That concludes our agenda. I will entertain a motion-Oh, don't forget the first of January we have a meeting with the ACHD and City Council- De Weerd: January? Corrie: I'm going to be the only one there so make that a notice. De Weerd: Happy New Years. Corrie: Happy New Year, Mayor. Bird: You mean we don't have to come to any more meetings? Meridian City Council Meeting July 2. 2002 Page 5 of 65 Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none. All those in favor of the motion say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: (Items Moved from Consent Agenda) Corrie: No items were removed from the Consent Agenda. Item 7: Tabled from June 24,2002: Lease Agreement with Chamber of Commerce: Corrie: Item No.7 is tabled from June the 24th, 2002. This is a lease agreement with the Chamber of Commerce. Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, Joe Borton, Chamber President, is here with some of his board members as you requested they be. The Chamber lease of the Chamber building site in Storey Park has been subject to renegotiations for longer than anybody really cares to admit and there is some final items that need to be cleared up with regard to that and Mr. Kuntz and I, in discussing those items in correspondence that went to Mr. Borton, just need some clarification as to the respective intent in what's been done before. So Mr. Borton -- [ believe you have in your materials - and may not -- it shouldn't be on the CD ROM, but a hard copy, of a letter from Mr. Borton dated July 1 st, which addresses the issues that -- in the lease agreement that the Chamber signed there was ~~ there were some things deleted and some things added and just to review those, there was a provision under use of premises which required the city to maintain landscaping and watering of the premises, which would essentially be anything outside of the Chamber building and there is -- so we need some discussion on that, maybe clarify that in terms of what does that mean with regard to flower beds or shrubbery. There was a right of inspection paragraph that was removed, but that right of inspection paragraph was a carry over from the prior lease. It looked to be boilerplate language that came over from a lease where someone would be leasing the building, as opposed to just leasing the land. So perhaps that doesn't need to be in' there. There was also a. deletion of a portion of a default paragraph regarding nonpayment and since this is a relatively small lease, which has all of the lease payments made up front, that's, in my estimation, not a major issue. The lease is for 50 years and at the end of that time jf we renegotiate a new lease, we can deal with any issues regarding nonpayment or whatever at that time, if any of us are still here. Those are really the only things that I think need to be discussed. There is also an issue raised by Mr. Kuntz with regard to snow removal and what the parties expectations were regarding that. Corrie: Okay. Nichols: I don't think I have left anything out. If I have, Mr. Borton can tell me. Borton: Thank you, Mr. Mayor, Members of the Council, you haven't left anything out. The letter from July 1 st tried to address some of those concerns. Meridian City Council Meeting July 2, 2002 Page 6 of 65 Corrie: Name for the record, please. Borton: Oh. Joe Borton. My address? Corrie: Thank you. 1005 White Lily in Meridian. De Weerd: I think he should be sworn. Borton: Let the record reflect that Councilwoman de Weerd is being difficult. The only issue that M~ two of the issues, one of them brand new, at least to me. I talked with Terry briefly, is the issue of snow removal. The other one that I didn't think -- it never appeared to be one that was still up in the air was the issue of landscape maintenance, the watering and maintaining the landscape. It's always been our impression that the city u city property directs the landscaping and with our talks with Tom and Elroy was going to water it and maintain it. They are set up now I believe now where it's on the city's irrigation system, so I'm kind of in the dark. With regards to shrubberies and fJowers, whether that's going to be something separate that the Chamber is going to maintain, it's kind of new to me to hear something like that. There is a comment that it's a gray area and I just don't know really where the line would be drawn who waters the rhododendrons, but not the evergreen shrubs and whatnot. It was our understanding n and Teri Sackman can comment on that as well - that the city's master plan with regards to landscaping for Storey Park would contain landscaping the park in or around the Chamber building and that would be maintained by the city and controlled by the city. So that's our understanding and that's the insertional language in the lease, which is approved by our board. So if there is any further questions on that-- Corrie: I guess, Joe, you want the city to put the flowers in and keep it up? I think before the Chamber put some flowers in and we watered them or -- I don't know. That was what Tom was wondering is if you put the flowers in, do you want us to take care of them or do you want us to put the flowers in u just as a gray zone for him and if you want him to do it all, he'll do it all, or if you want to do part of it, you can do part of it. So that was where his confusion was coming in. Borton: Okay. Mr. Mayor and Members of the Council, one of the things M_ Tom's been pretty cooperative in trying to get our input as to the landscaping plan and it went as far as the Chamber being willing in our solicitation efforts for building fund to also solicit funds for planting material, things of that nature. We haven't done that, because we wanted to hear, really, what the parks grand plan was. If the Chamber wanted to make it gravel and asphalt all around, that probably wouldn't fit. So we have been pretty cooperative throughout. The Chamber's involvement through Tom's direction would be to assist in obtaining materials, if we are going to be out there and help plant them, we can do a planting party or whatnot, we will do that, but from thereon aftelWards it would be the city's responsibility to maintain, alter, or amend as they see fit. Corrie: Tom M_ oh, you're here. I'm sorry. You're here and so am I now. Tom, Kuntz: Mr. Mayor and Council, just to clarify a couple of things. I don't think the grounds maintenance pertaining to turf, trees, and irrigation systems has ever been an issue, nor is ita n issue in t his case with the parks department. The issue is if the Chamber is Meridian City CouncU Meeling July 2, 2002 page 7 of 65 requesting a higher level of landscaping directly adjacent to their building, to the sides and right in front where the walkway is and stuff, we are Willing to help plant that and cooperate with the Chamber to make that happen, but to maintain those flower beds is a leve! of service that is higher than we would provide if it were a normal park setting and there is a cost that goes along with that as far as staff time to maintain the flower beds and shrub beds and sol guess the issue with 0 ur department is w hat level 0 f service does the Chamber want to see directly in front of their buildIng and I'm talking about right in front of the front windows, that type of thing. It's a level of service that we are not prepared at this time to maintain with extra - without extraordinary costs being incurred by the parks department. So maybe if we could address that iS'sue first and then come back to the snow removal and upkeep of the parking lot. You know, over a 50 year period there will need to be some sealing done, some restriping of fines and that type of thing, and, really, all we are looking for is direction from the City Council. We will do whatever the Council requests us to do, Sackman: Mr. Mayor, Ted Sackman. 2551 Misty Drive. You want to swear me in, Tammy? I can speak to the landscaping directly. Following the ribbon cutting for the new playground in Storey Park I met with Elroy and he basically w_ we did a walk around the building, I said what are you thinking, we were both thinking the same thing, low maintenance sod, trees. He had one area where he had suggested that he would like to put in bushes and flowers, but I'm not sure whether that was the final plan or not. The parking lot has some bushes and flowers at the moment. At that time basically I gave~- told Elroy the position of the Chamber board is that since the parks department will be putting their landscaping and maintaining it, that whatever the parks department wanted to do was fine with the Chamber board. So if -- so whether or not we put bushes in, I guess, is ~- according to the Chamber board, is up to the parks department staff. There is one area right in front of our building that faces the parking lot. There has been some talk about putting in -- putting our pavers back in as a patio and if we do that, my verba! agreement with Elroy is that the park staff would not be expected to do that, it will either be an Eagle Scout project or we will contract that out, but as far as the rest of the landscaping, that will be up to the park staff and I guess that probably answers those questions for you. Oh, I will also mention that I have contacted Du-Rite Nursery and Victory Greens, both who have indicated an interest in doing some donation of plants and/or sod. As soon as Elroy gets with them with a plan, they will tell us what they will be able to donate, so - Kuntz: Mayor and Council, just to cfarify Teri's comments. It sounds like the Chamber is willing to go along with us with our landscaping plans with the understanding that there will be a low level of maintenance required for those Items. Sackman: That is correct. You want to talk parking now? Borton: With regards to the snow removal. Kuntz: Two issues on the parking, Council and Mayor. One is on snow removal in the ~- the parking lot area in the past we have not done snow removal in the parking lot, because the park technically is not being used during snow season. We do maintain sidewalks, however, because we have the equipment necessary to do that. There may be an opportunity this year at budget time to add a cab over our piece of equipment that Meridian Cily Council Meeting July 2. 2002 Page 8 of 65 we would use for snow removal and we would certainly be willing to provide that service as part of our normal snow clean up in that park. But that would be one issue. And then the other one would be as far as sealing the p~rking lot and restriping it, because that will need that -- that asphalt need that over a 50 year period of ~ime. De Weerd: How about insulated coveraHs? Nary: I was thinking the exact same thing. Corrie: Could be a cold winter. Okay. De Weerd: Mr. Mayor? Corrie: Ms. de Weerd. De Weerd: Joe, I think the reason we asked you to be here is there were a couple of changes with no cover letter explaining the changes when we got it back and so it was felt that we would like to just hear your comments and I don't think anyone on the Council addressed any concern on maintenance and neither did our staff. So it was just to get some clarity on that - on the couple of items that our city attorney pointed out and we appreciate you and your board members being here. Borton: Not a problem. Corrie: Okay. Any other comments? Bird: Mr. Mayor? Corrie: Me Bird. Bird: Joe, in your letter you had one concern of when the parking lot was going and the public restrooms were going to open. . Borton: Absolutely. Bird: Do we have a date on them. Tom, on the public restrooms? Huff: Mr. Bird? Bird: Yes. Huff: On the public restrooms I think the only thing we are waiting for on those is the partition doors. During construction there was a couple of changes made and so the once that we did get or were going to end up with did not fit, so we sent those back -~ Tom I believe we sent those back to get those made to fit those openings and we expect those pretty soon. I should have heard something yesterday about that, but I didn't get the message when they would be here. The rest of the bathroom is done and they a fe basically functional, there is just no privacy doors on them. Otherwise, they work fine. As far as ~- what was the other question? About parking lot? Paving? What ..,. Meridian City Council Meellng July 2. 2002 Page 9 of 65 I'm facing there Is during the construction we had a main irrigation line fail one evening. We rerouted that so it would no longer be under the parking lot surface. What we experienced there over the next few days, we just filled that whole thing up with water and we let it sit for, you know, as long as we could and we thought we could start to work it and there is reaUy a good base under there, it was really hard, and it has a little bit of clay and rock and stuff in it, but now that it's saturated it's dry time is really really slow and we tried to get it to where we could plumb it -- or I mean pave it last week, but it was still pumping in certain sections and the paving company would not warranty it if we did it that way. So my guess is that we are going to start using that pretty soon as a gravel base and if it takes - I took an estimate from them to do excavation and some map work down in there and some fill and redo that and they wanted 5,000 dollars and 1 won't do it. And so if it has to sit three weeks to dry out, it will sit three weeks and then we can pave it and I'll get them to warranty it before they do. Whatever equipment -- we took some heavy equipment on it and there is about three little areas out there that we are pumping that they wanted me to sign off and at the time Tom and J talked about it, we decided not to do it and then -~ but it will be usable, it will just be that gravel base until it finaHy dries out and then we will pave it. Bird; Mr. Mayor? Corrie: Mr. Bird, Bird: So, in other words, our public restrooms, because of the non-privacy, are not open for the public? Huff: That's the only reason they are not open at this point. Bird: So our participants in the playground and stuff have no place to go to any restrooms in the park? Huff: We have some portables out there and we still have the other restrooms available. There is some further away and we just point people in that direction. But as soon as those are here and Tom gets those in, we will open those right up. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Can you put some kind of temporary sign on the Chamber building or where your bathrooms would be to kind of direct them where the other bathrooms are and that they have portables to use in the meantime or where the permanent facilities are? Kuntz: Mayor and Council, we have actually ordered a permanent sign that will go on the side of the building, so if you are in the shelter area, you will be able to visually see the sign w[th an arrow pointing to the bathrooms. In the meantime, we are supposed to have portables out there and if they are not out there or they are not in a location where they are readily visible, we will make sure they get moved before the Fourth of July, so that they are there. Meridian City Councll Meeting July 2\ 2002 Page 10 of 65 De Weerd: That would be good, Huff: Yeah. We will have -- you know, we get a lot of people in there on the Fourth and so we have portables coming back in tomorrow and they will be up close to the Chamber of Commerce building and -- but very accessible and then the other bathrooms on the other side will be open, too. We will have that covered for the weekend. De Weerd: Okay. Huff: Sorry about the slowness on the parking lot. It was just one night of a mess and just couldn't -- Corrie: Any other questions? Comments? Bird: j have none. Corrie: Okay, What's the recommendation of Council on this lease? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I believe that we have, according to Mr. Borton's letter with our attorney, we have worked out the wording in a couple areas that was questionable; am I correct? Am I correct? Corrie: Looking at the two attorneys. Nichols: Mr. Mayor and Members of the Council, I think you need to - It sounds to me like basically what you're saying and what the Chamber and the parks department is saying, the existing language that is in the lease that's signed is adequate with regard to maintaining landscaping and irrigating landscaping at the Chamber building. I mean thalls what I gleaned out of -- Corrie: You got it Nichols: The issue of snow removal, well, you haven't told us -- Tom has told us that he hasn't removed snow from the parking lot in previous years and the lease is silent as to snow removal from the parking lot and the record would say -- I mean not that we get - you know, it's not North Dakota, but if you want the parks department to remove snow from the Chamber parking lot, we need to write it into the lease. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Although I haven't heard about the covered cab, I do remember when we purchased some equipment, they said we could get a blade on it for snow removal, so I Meridian City Councjl MeeUng Juty 2, 2002 Page I] of 65 don't think that should be an issue, I think the city could probably take care of all the snow that this area gets. Borton: Mr. Mayor? Corrie: Joe. Borton: Members of the Council, that snow removal could also be accounted for under the general maintenance of the property and premises, not unlike needing to mow the yard when the grass is long or pull the weeds, the removal of snow from the premises as well, so perhaps the language that's in there covers that contingency whenever it does arise. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Not to beat this horse to death any further, but I mean it is a park, it is open, 1 mean I don't think it matters if it's winter, I have seen kids in there playing in the wintertime and we have one less road to remove snow on in there now, so I don't see any reason we can't get it done. So I'm satisfied. [ think Councilmember de Weerd was correct, Joe. J think the reason we just asked this, because if your letter had previously come we probably would have been fine. So [ think it's fine. Corrie: Okay. Nichols: Mr. Mayor, then, it sounds to me that what you need to do is approve the lease as it's already signed, then. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd approve the lease with the Chamber of Commerce of Meridian as presented and signed by the Chamber. McCandless: Second, Corrie: Motion has been made and seconded. Any other discussion? Borton: Mr. Mayor, Members of the CouncH? Corrie: Joe. Borton: Just for the record to be clear, there is $14.00 remaining on the lease. We do have a check, which we can't present until tomorrow. So we will put it in the mail. Just to let you know. Nary: Thanks for bringing it up. LA Meridian City Council Meeling July 2, 2002 Page 12 of 6S ~orrie: Since it's coming from the attorney we will accept that. De Weerd: I'm glad you did that before we voted. Bird: Yeah. Corrie: Any other drscussion? Okay. All those in favor of the motion say aye. Opposed no. All ayes. Thank you, Joe. MOTION CARRIED: ALL AYES. Item 8: Resolution No.: City of Meridian: : Adoption of Strateaic Plan of the Corrie: Item No.8 is a resolution, adoption of the Strategic Plan of the City of Meridian. Resolution No. 02-378. Okay. If you would, please, read the Resolution by title only, please. Berg: Thank you, Mr. Mayor. Members of the Council. Ordinance -- or, excuse me, Resolution No. 02-378, a Resolution of the Mayor and City Council of the City of Meridian to provide for findings and to establish a comprehensive strategic plan for the City of Meridian providing for clear insight regarding the major challenges facing the city, providing for goals. objectives, major initiatives, and anticipated actions established by each city department and providing an effective date. Corrie: Okay. You have heard the Resolution No. 02-378 read by Title only. Is there anyone from the audience that would like to have it read it its entirety? Okay. Council, any discussion on Resolution 02-378? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: j don't know. I think this resolution says a great deal as to the commitment from the City of Meridian and the elected officials to create a vision for our community and a deep commitment to public service and customer service to our public. It sets out a vision as to the direction that we would like to see this community proceed and we have great involvement of our city employees. It also identifies the key issues and challenges that are facing this community and the decision makers. So it is a first step to kind of set a direction and a vision to where we want to go and this is a real exciting opportunity to share this to the community. So I would invite anyone interested in seeing this document to certainly come by City Hall and get a better idea of some of the things that face each of our individual departments, as well as the direction that we see the city going in the next -. in the years to come. So I just - we had great participation and it's, indeed, a pleasure to see this document come in front of us and its adoption, so -- Nary: Mr. Mayor? AD,~ COU~!TY RECClROER j :',;\'li; II "'.'~P""'~ . ~ ~ . i. ,~,_~ ~ .~:\' ~ ~ : ~ ., -J M. : . ~ I.... -.. ~ j.: " 0 - "D\ RECORDED"R~Q~::ST OF r Co r- \I\r\.\'} - r: ::- ! I_~'~,",y ~~ 2p:'l2J1 ," ~~I!l'')''') vII L. L hI J . J.) I ''!{)....33 . 10~lii:' 92 :... MERIDIAN CITY DEVELOPMENT AGREEMENT PARTIES: I. 2. 3. City of Meridian Eugene Quenzer, Ovvner Brighton Corporation, Developer, Developer THIS DEVELOP^1ENT AGREEMENT (this "Agreement"), is made and entered into this f'J1'!!. day of J WYo-L , 2002, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and EUGENE QUENZER, hereinafter called "OWNER", whose address is 4020 N. Black Cat Road, Meridian, Idaho 83642, and BRIGHTON CORPORATION, hereinafter called "DEVELOPER", whose address is 12426 W. Explorer Drive, Suite 220, Boise, Idaho 83713. 1. RECITALS: 1.1 WHEREAS, "Owner" is the sole ovvner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.c. s67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner" or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15 -12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner" and "Developer" have submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of (R-B) Medium Density Residential District, (Municipal Code of the City of Meridian); and DEVELOPMENT AGREEMENT CAZ-02-006) - 1 1.5 WHEREAS, "Owner" and "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Properti' held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the ~ day of da~, 2002, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the UFindings" require the "Owner" and "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" and JlDEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner" and "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by DEVELOPMENT AGREEMENT (AZ-02-006) - 2 the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property ovvners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title II and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the follovving words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER": means and refers to Eugene Quenzer, whose address is 4020 N. Black Cat Road, Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property" . 3.3 "DEVELOPER": means and refers to Brighton Corporation, whose address is 12426 W. Explorer Drive, Suite 220, Boise, Idaho 83713, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". DEVELOP1vIENT AGREEMENT (AZ-02-006) - 3 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City'''s Zoning Ordinance codified at Meridian City Code Section 11-7-2 (D) which are herein specified as follows; Construction and development of 2 73 residential building lots and 1 7 other lots. Development shall be consistent with the Meridian Comprehensive Plan Generalized Lane Use Map which designates the property as Single Family Residential, and go through the planned development process and as conditional uses. 4.2 . No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owneru and "Developer" are not required to submit to "City" an application for conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: A. "Owner" and "Developeru shall develop the "PropertyU in accordance with the following special conditions: DEVELOPMENT AGREEMENT (AZ-02-006) - 4 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Ovvner" and"Developer" or "Owner" and "Developer'''s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in r.c. s 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner" and " Developer " consent upon default to the de- annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide vvritten notice of any failure to comply with this Agreement to "Ovvner" and "Developer" and if the "Owner" and "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner" and "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner" and"Developer", "Ovvner" and "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be DEVELOPMENT AGREEMENT (AZ-02-006) - 5 modified or terminated by the "City" upon compliance 'with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner" and "Developer" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. II. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner" and "Developer'''s cost, and submit proof of such recording to "O"vner" and "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "city" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner" and "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty DEVELOPMENT AGREEMENT (AZ-02-006) - 6 (30) day period, if the defaulting parry shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" and "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code S 12M5-3, to insure that installation of the improvements, which the "O"vner" and "Developer" agrees to provide, if required by the "city". 15. CERTIFICATE OF OCCUPANCY: The "Owner" and "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner" and "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. DEVELOPMENT AGREEMENT (AZ-02-006) - 7 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER: do City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Eugene Quenzer 4020 N. Black Cat Road Meridian, Idaho 83642 with copy to: DEVELOPER: City Clerk City of Meridian 33 E. Idaho Ave. Meridian,ID 83642 Brighton Corporation 12426 W. Explorer Drive, Suite 220 Boise, Idaho 83713 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto aclmowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. DEVELOPMENT AGREEMENT (AZ-02-006) - 8 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the ovvner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor ovvner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner" and "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "O"vner" and "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or DEVELOPMENT AGREEMENT (AZ-02-006) - 9 amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "property" and execution of the Mayor and City Clerk. ... DEVELOPMENT AGREEMENT (AZ-02-006) - 10 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER: BRIGHTON CORPORATION, DEVELOPER By:jp~7Au~ r ' Attest: BY: \\\\\\lU 111111/1 \\\ f Me:- 1/1 ,,\' _I 0 c.RII"' 11/// ~' ~"'\ vl.4 /'/ $ a c,o"r-poR.1); 11,;~. g ~ <to S ;: ~ BY, = = . % "'vQ/o 0 ~.' ~"'1<::) v 0 ::- Attest: ~'// ~ .....\' .'~ "c \V .... ~ """ O(J~IT~. ".,.., ~:64,9. CITY OF MERIDIAN OBERT D. CORRIE /}-p J?'YO~e7L bJ C-}t/ C~~ 7-2- -f} '2- DEVELOPMENT AGREEMENT (AZ-02-006) - 11 STATE OF IDAHO) :ss COUNTY OF ADA) ,i . On this /'3 vilv day of I J/l12( . , in the year 2002, before me, ~-b/cc~ 1-\. l-b~'-I'-L..v a Notary Public, personally appear~gene Quenzer, known or identified to me to be the persons who executed the instrument and acknowledged to me that he executed t ai~ '7 ~cCA A. ~~. / ~. ""OTIUt~:\~' ( ~a;v._1/-0 (S ) _0_ *>> Np~a. ublic~r I~ho \ .PlfBL'\C j ResIdmg at~f /t! ~ \, tP;. ",I W'~o ~ Commission e ires: #~ "',pol; ~ l'. .,1...... \,--y ~+~ II OF \'P ~....DDd1 STATE OF IDAHO) :ss COUNTY OF ADA) On thO /L/tiv day of VLjltL , in the year 2002, before me, .f.:)tCc:>l'-.... A. 1~,\...J\ru:J a Notary Public, personally appeared i (~ 0 \ \J V V\ kn'Le3.-and known or identified to me to be the (rLQ...,s..L.A--E.yJ and of Brighton Corporation, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said corporation. / .' ~~.~ /) .~, ~. ~OT~r f \ I k! t~i/!/ d '~hv- ) ClZlG_ g * :: INot'ary Public for Idaho . ..-'1./ ,f '\. .PrTBL'\C! j Residingat:h?/l.~id/~~ ~.d,,~U \~1'; OOoO..;{.ij Commission exp{res: //J....& ,o:<.t1,t1j ~Qe!.~ DEVELOPMENT AGREEMENT (AZ-02-006) - 12 STATE OF IDAHO ) :ss County of Ada ) n '(\.d --, 7 On this L- - day of J-t,Ll<.-x , in the year 2002, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Ber~alow or identified to me to be the Mayor and Clerk., respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and aclalowledged to me that such City executed the same. (SEAL) ........ ...ON S .... :~OT~'~. :c,/ ~ \ ~ ~ / \ . W l I II . \ I a ,. \ I : " \ !bm;C ' .. ... ,p',... :\l ..~' .. .. ..' . +.~,.,;:,--~-rt"\ . ...~.[l:OF 11-'.. .......... % 0fL<<1 8nc--t?0 Notary Public for Idaho Commission expires: t-t - 2~ -0 S Z:\Work\M\Meridian\rvleridian I 5360rvNieritage Commons AZ02-006 PP02-007 CUP02-007\DevelopAgr.doc , DEVELOPMENT AGREEMENT (AZ-02-006) - 13 EXHIBIT A Legal Description Of Propertv A parcel ofland located in the E Yz of Section 31, T. 4 N., R. IE., RM., Ada County, Idaho, more particularly described as follows: Commencing at the V4 section corner common to Sections 31 and 32 of said T. 4 N., R. 1 E., said point being on the centerline of North Locust Grove Road, also said point being the REAL POINT OF BEGINNING; Thence South 00031 '35" West, 671.76 feet on the section line common to said Sections 31 and 32; Thence South 89005'24" West, 354.28 feet on the northerly boundary of Parcel B of Record of Survey Number 909, recorded as Instrument Number 8632832 of Ada County Records; Thence South 00030' 18" West, 650.71 feet (formerly described as South 0005'29" East, 650.20 feet) on the westerly boundary of Parcels A and B of said Record of Survey Number 909, to a point on the southerly boundary line of the N Yz of the SE V4 of said Section 31; Thence North 89046'10" West, 2290.20 feet on the southerly boundary line of said N Y2 of the SE Y4 of Section 31, to the southwest corner of said N Yz of the SE Y4; Thence North 00045'41" East, 1329.43 feet on the north-south mid-section line of said Section 31, to the center Y4 section corner of said Sections 31; Thence North 00041 '44" East, 21.70 feet (formerly described as North, 20 feet, more or less) on the north-south mid-section line of said Section 31, to a point on the centerline of an irrigation ditch; Thence South 89015'54" East, 1320.85 feet (formerly described as Southeasterly, 1320 feet, more or less) on the now partially obliterated centerline of an irrigation ditch to a point on the westerly boundary line of the SE Y4 of the NE Y4 of said Section 31, said point being on the centerline of an existing irrigation ditch; Thence South 08035'27" West, 10.00 feet (formerly described as South 10 feet, more or less) on the westerly boundary line of said SE Y4 of the NE Y4, to the southwest comer of said SE Y4 of the NE V4; Thence South 89046'21" East, 1317.76 feet (formerly described as North 89037'08" East, 1320.14 feet) on the east-west mid-section line of said Section 31, to the real point of beginning. Containing 75.78 acres more or less. DEVELOPMENT AGREEMENT (AZ-02-006) - 14 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ.02.006) . 15 BEFORE THE MERIDIA1~ CITY COUNCIL cle 05-21-02 IN THE MATTER OF THE ) APPLICATION OF BRIGHTON ) CORPORA TION, THE ) APPLICATION FOR Al'fNEXATION ) AND ZONING OF 76.16 ACRES ) FOR PROPOSED HERITAGE ) COMMONS, LOCATED ON THE ) WEST SIDE OF N. LOCUST ) GROVE ROAD BETWEEN E. ) MCMILLAN ROAD AND E. ) USTICK ROAD, MERIDIAN, ) IDAHO ) Case No. AZ-02-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on May 21, 2002, at the hour of 6:30 p.m., and Brad Hawkins-Clark Planner II for the Planning and Zoning Department, and David Turnbull, Beverly Donahue, Joe Silva - Fire Marshall, Mike Wardle, Gary Smith - Public Works Director, Herb Lee, Paul Spirk, C.L. Johnson, Jake Centers, appeared 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. There has been compliance with all notice and hearing requirements set forth in Idaho Code 9 67-6509 and 67-6511, and Meridian City Code 9 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivisions and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006) development ordinances codified at Titles 11 and i2, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject to the application for annexation and zoning is described in the application, and is approximately 76.16 acres in size, is located on the west side ofN. Locust Grove Road between E. McMillan Road and E. Ustick Road, all within the Area ofImpact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is Eugene Quenzer of Meridian, Idaho; and the applicant is Brighton Corporation of Boise, Idaho. 5. The property is presently zoned by Ada County as RUT, and consists of agricultural land. 6. The Applicant requests the property be zoned as R-8, with the intent to develop 273 residential building lots and 17 other lots, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 7. The subject property is bordered to the north, south and west by Ada County zoned properties, and to the east by Meridian Charter High School, zoned R-4. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. The City Council recognizes the concerns ofMr. and Mrs. Young dated March 11,2002, Jim Moyer dated AprilS, 2002, Leon Johnson dated April 9, 2002, and an undated FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERlTAGE COMMONS (AZ-02-006 ) letter from Michael and Beverly Donahue. 10. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Any existing domestic wells andlor septic systems within this project shall 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. 2. A Development Agreement shall be required as part of this annexation request. 3. The City Council further recognize the clarification ofthe applicant in respect to Staff's comment Ron page 5 of their April 16 Memorandum as follows: There will be some disruption during construction, but applicant shall work with the neighbors to minimize the impact. The ingress/egress easement is non-exclusive, and applicant shall retain the right to use and improve it. Adopt the Recommendations of the ACHD as follows: 1. Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the par- cel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 2. Construct the main entrance, East Heritage Place, intersecting Locust Grove Road, located approximately 580-feet south of the north property line with 21-foot street sections on either side of the center medians, as proposed. The medians shall be constructed a minimum of 4- feet wide (maximum 12-feet wide) to total a minimum of a IOO-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the medians. 3. Construct a 5-foot wide detached concrete sidewalk on Locust Grove Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. lfthe sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006) 4. Construct the following roadways as 29-foot street section with curb, gutter and a separated 4-foot wide concrete sidewalk within 50-feet of right-of-way, as proposed. Parking shall be allowed on both sides of these roadways contingent upon review and approval from the appropriate Fire Department. a) North Heritage Common Avenue: Village Common Street to Herons Crossing Drive, b) North Heritage Woods Avenue: Village Common Street to Herons Crossing Drive, c) North Heritage Park Way: Legacy Crossing Drive to Herons Crossing Drive, d) North Heritage Green Way: All segments, e) North Heritage Crossing Way: Legacy Crossing Drive to Herons Crossing Drive, f) East Heritage Street Heritage Parkway to Heritage Crossing Way and Legacy Crossing Drive to Legacy Common Avenue, g) North Legacy Common Avenue: All segments, h) East Truth Street: Legacy Common Avenue to Legacy Woods Avenue, i) East Trust Street: Legacy Common Avenue to Legacy Woods Avenue, j) North Legacy Woods Avenue. All segments. 5. Construct the following roadways as 33-foot street sections within 50-feet of right-of-way contingent upon review and approval from the appropriate Fire Department, as proposed. North Heritage Common Avenue Heritage Street to Legacy Crossing Drive, East Legacy Crossing Drive: All segments, East Tradition Street: All segments, North Heritage Woods Avenue: south of Legacy Crossing Drive. 6. Construct the following street sections as 36-foot street sections with curb, gutter and 5- foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. a) East Herons Crossing Drive: Heritage Crossing Way to the north property line, b) East Vestige Drive: All segments c) Ashton Street: Legacy Woods Avenue to the west property line. 7. Construct six stub streets, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006 ) a. North Heritage Woods Avenue is proposed to stub to the south property line approximately 390-feet west of the east property. b. North Heritage Green Way is proposed to stub to the south property line approximately l,030-feet west of the east property line. c. East Traditions Street is proposed to stub to the west property line approximately 130-feet north of the south property line and stubbing to the west property line. d. East Ashton Street is proposed to stub to the west property line approximately 850- feet north of the south property line. e. North Legacy Woods Avenue is proposed to stub to the north property line approximately 130-feet east of the west property line. f. North Legacy Common Avenue is proposed to stub to the north property line approximately 420-feet east of the west property line. 8. Provide a paved temporary turnaround at the end of North Heritage Green Way and North Legacy Woods Avenue with a temporary easement provided to the District and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 9. Construct East Vestige Drive intersecting Locust Grove and the north property line, as one- half ofa 36-foot street section plus 12-feet of additional pavement, with curb, gutter and S-foot wide concrete sidewalk within 42-feet of right-of-way, as proposed. 10. Construct five alleys within the proposed project within a minimum of 16-feet of right- of- way, as proposed. a. The first proposed alley is proposed to connect North Heritage Common Avenue with North Heritage Woods Avenue. b. The second proposed alley is proposed to connect North Heritage Woods Avenue with North Heritage Park Way. c. The third proposed alley is proposed to connect North Heritage Common Avenue with North Heritage Woods Avenue. d. The fourth and the fifth proposed alleys are proposed to connect North Heritage Woods Avenue and North Heritage Park Way. 11. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 12. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 13. Any existing irrigation facilities shall be relocated outside of the right-of-way. FINDINGS OF PACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION PORANNEXATION AND ZONINGIHERITAGE COMMONS (AZ-02-006) 14. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 15. Other than the public streets specifically approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 16. Comply with all of ACHD's Standard Requirements listed in their report dated May 10, 2002. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 4. Final approval for fire hydrant location shall be by the Meridian Fire Department. 5. All turning radii shall be a minimum of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. 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 a turnaround. 8. The Meridian Fire Department requests strict application ofthe Uniform Building Code for sideyard setbacks in Blocks 7, 8, 11, 12 with no variances to limit the potential fire spread from building to building in those blocks. 9. The alleys in Blocks 7,8, 11, 12 be signed on each end stating "Fire Lane No Parking". 10. The driveway leading to the two lots on E. Heron Crossing Dr. at Heritage Green Way shall be 20' with no parking. 11. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. la, and all sub-parts, the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERlTAGE COMNIONS (AZ-02-006) economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 12. It is also found that the development considerations as referenced in Finding No. 10 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. It is found that the proposed uses will create additional traffic, especially on Locust Grove ~d Ustick Roads. However, staff does not believe that the increase in traffil? will be excessive. Staff does not anticipate that the proposed development will generate traffic, noise, smoke, odors or other nuisances that would be detrimental to the general welfare of the surrounding area. 13. It is found that the zoning of the subject real property as Medium Density Residential District (R-8) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 14. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; it is found that the two proposed approaches on Locust Grove Road should not appreciably interfere with traffic FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIHERlTAGE COMMONS (AZ~02-006) on the surrounding streets. The north approach, E. Heron's Crossing drive, is an existing private road and the develper must not interfere with this ingress/egress easement that serves the existing property owners to the north. Should the new roadway be designed and constructed in such a way as to protect these o\Xmers, the future roadway should actually improve the accessibility and traffic flow on E. Heron's Crossing since it will be a wider street and be paved 15. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: Goals Section: Goal 3, Goal 4, Goal 8, Goal 9 Economic Development: 1.1, 1.3, 1.5. 3.1U. 3.2U Land Use: 1.lOU, 2.IU, 2.4U, 4.3U, 5.9. 5.12, 5.13 Community Desi~n: 1.3, 1.4, 2.1U, 2.3U, 6.2U 6.11 U Transportation Chapter: 1.19U, 1.18 16. The property can be physically serviced with City water, but sewer service is dependent upon the extension of the White Drain Trunk. which is slated for construction this year. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006) property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. 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 Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions ofthe City of Meridian Comprehensive Plan and are applicable to this Application: 4.A Goals Section: Goal 3, Goal 4, Goal 8, Goal 9 Economic Development: 1.1, 1.3, 1.5, 3.1U, 3.2U Land Use: 1. IOU, 2.1U, 2.4U, 4.3U, 5.9, 5.12, 5.13 Community Desi~n: 1.3, 1.4,2.1 U, 2.3U, 6.2U 6.11 U Transportation Cha~ter: 1. 19U, 1.18 5. The zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at S 11-7"2 D as follows: (R-8) Medium Densitv Residential District: The purpose oftheR-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIHERITAGE COMMONS (AZ-02-006 ) is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion 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. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt VS. The City ofIdaho Falls, 105 Idaho 65,665 P2d 1075 (1983). 7. The development ofthe annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance ofthe City of Meridian. 8. 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 NO'V, THEREFORE, BASED UPON THE 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 annexation and zoning of approximately 76.16 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of76.16 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 the City of Meridian Resolution No. 158. The legal description FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIHERlTAGE COMMONS (AZ-02-006) for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de- annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staffas follows: 1. Any existing domestic wells and/or septic systems within this project shall 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. 2. A Development Agreement shall be required as part of this annexation request. 3. The City Council further recognize the clarification ofthe applicant in respect to Staffs comment H.on page 5 of their April 16 Memorandum as follows: There will be some disruption during construction, but applicant shall work with the neighbors to minimize the impact. The ingress/egress easement is non-exclusive, and applicant shall retain the right to use and improve it. Adopt the Recommendations of the ACHD as follows: 1. Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 2. Construct the main entrance, East Heritage Place, intersecting Locust Grove Road, located approximately 580- feet south 0 f the north property line with 21- foot street sections on either side of the center medians, as proposed. The medians shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum of a 1 DO-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the medians. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERlTAGE COMMONS (AZ-02-006) 3. Construct a 5-foot wide detached concrete sidewalk on Locust Grove Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 4. Construct the following roadways as 29-foot street section with curb, gutter and a separated 4-foot wide concrete sidewalk within 50-feet of right-of-way, as proposed. Parking shall be allowed on both sides of these roadways contingent upon review and approval from the appropriate Fire Department. a) North Heritage Common Avenue: Village Common Street to Herons Crossing Drive, b) North Heritage Woods Avenue: Village Common Street to Herons Crossing Drive, c) North Heritage Park Way: Legacy Crossing Drive to Herons Crossing Drive, d) North Heritage Green Way: All segments, e) North Heritage Crossing Way: Legacy Crossing Drive to Herons Crossing Drive, f) East Heritage Street: Heritage Parkway to Heritage Crossing Way and Legacy Crossing Drive to Legacy Common Avenue, g) North Legacy Common Avenue: All segments, h) East Truth Street: Legacy Common Avenue to Legacy Woods Avenue, i) East Trust Street: Legacy Common Avenue to Legacy Woods Avenue, j) North Legacy Woods Avenue. All segments. 5. Construct the following roadways as 33-foot street sections within 50-feet of right-of-way contingent upon review and approval from the appropriate Fire Department, as proposed. North Heritage Common Avenue Heritage Street to Legacy Crossing Drive, East Legacy Crossing Drive: All segments, East Tradition Street: All segments, North Heritage Woods Avenue: south of Legacy Crossing Drive. 6. Construct the following street sections as 36-foot street sections with curb, gutter and 5- foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. a) East Herons Crossing Drive: Heritage Crossing Way to the north property line, b) East Vestige Drive: All segments c) Ashton Street: Legacy Woods Avenue to the west property line. 7. Construct six stub streets, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006) a. North Heritage Woods Avenue is proposed to stub to the south property line approximately 390-feet west ofthe east property. b. North Heritage Green Way is proposed to stub to the south property line approximately l,030-feet west of the east property line. c. East Traditions Street is proposed to stub to the west property line approximately DO-feet north of the south property line and stubbing to the west property line. d. East Ashton Street is proposed to stub to the west property line approximately 850- feet north of the south property line. e. North Legacy Woods Avenue is proposed to stub to the north property line approximately 130-feet east of the west property line. f. North Legacy Common A venue is proposed to stub to the north property line approximately 420-feet east of the west property line. 8. Provide a paved temporary turnaround at the end of North Heritage Green Way and North Legacy Woods Avenue with a temporary easement provided to the District and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff 9. Construct East Vestige Drive intersecting Locust Grove and the north property line, as one- half of a 36-foot street section plus 12-feet of additional pavement, with curb, gutter and 5-foot wide concrete sidewalk within 42-feet of right-of-way, as proposed. 10. Construct five alleys within the proposed project within a minimum of 16-feet of right- of- way, as proposed. a. The first proposed alley is proposed to connect North Heritage Common Avenue with North Heritage Woods Avenue. b. The second proposed alley is proposed to connect North Heritage Woods Avenue with North Heritage Park Way. c. The third proposed alley is proposed to connect North Heritage Common Avenue with North Heritage Woods Avenue. d. The fourth and the fifth proposed alleys are proposed to connect North Heritage Woods Avenue and North Heritage Park Way. 11. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 12. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 13. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERlTAGE COMMONS (AZ-02-006 ) 14. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 15. Other than the public streets specifically approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 16. Comply with all of ACED's Standard Requirements listed in their report dated May 10, 2002. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. ." 2. Operational fire hydrants and temporary or permanent street signs are required pefore combustible construction begins. 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 4. Final approval for fire hydrant location shall be by the Meridian Fire Department. 5. All turning radii shall be a minimum of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. 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 a turnaround. 8. The Meridian Fire Department requests strict application of the Uniform Building Code for sideyard setbacks in Blocks 7, 8, 11, 12 with no variances to limit the potential fire spread from building to building in those blocks. 9. The alleys in Blocks 7, 8, 11, 12 be signed on each end stating "Fire Lane No Parking". 10. The driveway leading to the two lots on E. Heron Crossing Dr. at Heritage Green Way shall be 20' with no parking. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006) subject of the application to (R-8) Medium Density Residential District, and Meridian City Code 9 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code 9 11-21.1 in accordance with the provisions ofthe annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code 9 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who 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 J~ 46. day of ,2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED~ VOTED ~A....- VOTED ~A..., COUNCILWOMAN TAMMY deWEERD COUNCIL WOMAN CHERIE Mc CANDLESS COUNCILMAN VVILLIAM L.M. NARY VOTED$~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED - FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006 ) Copy served upon Applicant, the Planning and Zoning Department, Public Works qep.<l.-,('m-t and the City Attorney. '\'\\\~~\ Of MfF/;;:',,/, " ~, V/ /... ./ c} c,ofl.poR.4 /"; '-11- ~~ [-f ~ % DATED: b - f-CJ 1- MOTION: APPROVED: ~ISAPPROVED: ByJl~,4~~ted City Clerk f 6 - ,f -0 Z- 7; [':J:::- :;. '0 C)o:::: Z:\Work\M\Meridian\Meridian I 5360M\Heritage Commons AZ02-006 PP02-007 CUP02-007\AZFfCl&Order.aac ;"/\ (;8.... ... '\ 0 f . -::. v I 15 \ . ~... ~....,;' ;.y ~ ...:~..... //" 00.' ",_...... 0 ."" ~/.. . - -' ,\ " .. \\ \ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERlTAGE COMMONS (AZ-02~006 ) BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR AMBERSTONE SUBDIVISION, LOCATED SOUTH OF W. CHERRY LANE AND SOUTH OF N. SUMMERTREE WAY, MERIDIAN, IDAHO BY: JIM JEWETT, APPLICANT CIC 06/18/02 ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-02-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on June 4, 2002, and Brad Hawkins-Clark and David McKinnon, Planners for the Planning and Zoning Department, and Anna Powell, appeared and testified, and the City Council having received a report from David McKinnon Planner II 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 submitted the "PRELIMINARY PLAT FOR: AMBERSTONE SUBDIVISION, PRELIMINARY PLAT JIM JEWETT ADA COUNTY, ID., A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, DATE: MARCH 22, 2002, RECEIVED MAR 29 2002 CITY OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT AMBERS TONE SUBDIVISION 1 (PP-02-002) 1 MERIDIAN CITY CLERK OFFICE, DRAWN BY: D.A.C. & J.L.N., JOB NO: DAC - 121301, SHEET NO. Cl, APPLICANT AMBERSTONE DEVELOPMENT, LLC", Jim Jewett submitted for preliminary plat approval and which preliminary plat for approval application is herein 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. That the proposed development 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 Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned (R-8) Medium Density Residential, and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 DJ 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that public services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Engineering Technician III and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT AMBERSTONE SUBDIVISION / (PP-02-002) 2 5. The development ifbuilt in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT FOR: AMBERSTONE SUBDIVISION, PRELIMINARY PLAT JIM JEWETT ADA COUNTY, ID., A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, DATE: MARCH 22, 2002, RECEIVED MAR 29 2002 CITY OF MERIDIAN CITY CLERK OFFICE, DRAWN BY: D.A.C. & J.L.N., JOB NO: DAC - 121301, SHEET NO. C 1, APPLICANT AMBERSTONE DEVELOPMENT, LLC". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code ~ 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER . 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT FOR: AMBERS TONE SUBDIVISION, PRELIMINARY PLAT JIM JEWETT ADA COUNTY, ID., A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT AMBERSTONE SUBDIVISION / (PP-02-002) 3 ADA COUNTY, IDAHO, DATE: MARCH 22, 2002, RECEIVED MAR 29 2002 CITY OF MERIDIAN CITY CLERK OFFICE, DRAWN BY: D.A.C. & I.L.N., JOB NO: DAC - 121301, SHEET NO. C1, APPLICANT AMBERSTONE DEVELOPMENT, LLC", is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Sanitary sewer and water service to this site shall be via main line extensions from the existing mains adjacent to the property. The applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. 2. Underground year-round pressurized irrigation shall be provided to all lots within this development. Applicant shall submit hook-up and design details based on the proposed landscaping. Primary water supply connection to the City's mains shall not be allowed without City Council approval. Applicant shall be required to utilize any existing surface or well water for the primary source. 3. All required landscaping and irrigation shall be installed prior to the issuance of an occupancy permit for any structure built within the subdivision. 4. A detailed fencing plan shall be submitted upon application ofthe final plat. A solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. 5. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees shall not be considered as replacement trees for those trees that have to be removed. 6. Applicant shall submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 7. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 8. A letter of credit or cash surety in the amount of 11 0% shall be required for all FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT AMBERSTONE SUBDIVISION I (PP-02-002) 4 fencing, landscaping, pressurized inigation, sanitary sewer, water, etc., prior to signature on the final plat. 9. Two-hundred, and one-hundred-watt, high-pressure sodium streetlights shall 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. 10. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. Adopt the Recommendations of ACHD as follows: 1. Construct the main entrance to the subdivision, Summertree Way, located at the west property line, as proposed. This location aligns with Summeliree Way on the north side of Cherry Lane. 2. Construct Summertree Way as a full 29-foot street section with curb and gutter on both sides of the roadway and 5-foot wide concrete sidewalk on the east side of Summeltree Way within 40-feet of right-of-way. 3. Construct Thorncreek Place as a 29-foot street section with curb, gutter and 5-foot wide concrete sidewalk within 42-feet of right of-way with parking restricted on one-side of the roadway. A signage plan shall be submitted for review and approval by Planning and Development staff. 4. Construct a large common lot within the public right-of-way, as proposed. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 5. Construct the proposed large common lot that is located in the center of Summertree Way with a minimum of a 29-foot street section within 40-feet of right-of-way. The design shall be reviewed and approved by ACHD's Planning and Development staff. 6. Construct a non-circular turnaround at the east end of Thomcreek Place. Submit a design of the turnaround for review and approval by District staff. 7. Replace unused curb cuts on Cheny Lane with standard curb, gutter and 5- foot wide FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT AMBERSTONE SUBDIVISION / (PP-02-002) 5 concrete sidewalk to match the existing improvements. 8. Replace any existing damage curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development 9. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 10. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 11. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 12. Any existing irrigation facilities shall be relocated outside of the right-of-way. 13. Other than the access point specifically approved with this application, direct lot or parcel access to Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 14. Comply with all the Standard Requirements of ACHD listed in their report dated February 28, 2002. Adopt the Meridian Fire Department Recommendations as follows: 1. A fire flow of 1,000 gallons per minutes shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed on corners and an average of 400' apart. 2. Operational fire hydrants and temporary or pennanent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Depaltment. 5. All radii shall be 28' inside and 48' outside radius for the internal road system. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT AMBERS TONE SUBDIVISION / (PP-02-002) 6 7. The roadways shall be built to ACHD standards for base material. 8. Any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround; this requirement may apply during the phasing of the project. 9. Parking is allowed on only one side ofSummertree Way where there is a 30' street width. 10. No parking is allowed on either side of Summertree Way where there is only a 19' wide driving surface. L 1. No parking is allowed on either side ofThom Creek Place where there is only a 26' wide driving surface. Adopt the Recommendation of the Nampa & Meridian Irrigation District as follows: 1. If all stonn drainage is retained on site and the Nampa & Meridian Irrigation District is not intended to operate the pressure irrigation system, no further review is necessary. However, If any drainage leaves the site or the District will be taking over the pressure irrigation. Adopt the Recommendations of the Central District Health Department as follows: 1. 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. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swaLe prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. If all storm drainage is retained on site and the Nampa & Meridian Irrigation District is not intended to operate the pressure irrigation system no further FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT AMBERSTONE SUBDIVISION / (PP-02-002) 7 review is necessary. However, if any drainage leaves the site or the District will be taking over the pressure irrigation system a Land Use Change / Site application must be filed. Comply with the City Council's action from their June 18,2002 meeting as follows: 1. Applicant shall be allowed a 25' wide landscape buffer on the common lot that is adjacent to Cherry Lane, instead of the required 35', through the alternative compliance provisions ofthe Landscape Ordinance. By action of the City Council at its regular meeting held on the 2 Nfl- day of cT"h-L'(f' , 2002. ROLL CALL COUNCILMAN BIRD VOTED~ VOTED ~ VOTED~V VOTED ~ COUNCILWOMAN deWEERD COUNCIL WOMAN McCANDLESS COUNCILMAN NARY MAYOR ROBERT D. CORRIE VOTED (TIE;~~;)~~__ Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. BY:.JI;p~~~~ P- City Clerk (J Dated: Z:\Work\M\Mcridiun\Mcridiun 15360M\Ambcrstone Sub AZ02-003 PP02-002\FfClsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT AMBERSTONE SUBDIVISION / (PP-02-002) 8 BEFORE THE MERIDIAN CITY COUNCIL C/C 06-18-02 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 3.84 ACRES FOR ) PROPOSED AMBERSTONE ) SUBDIVISION, LOCATED SOUTH ) OFW. CHERRY LANE AND ) SOUTH OF N. SUMMERTREE ) WAY, MERIDIAN, IDAHO ) ) JIM JEWETT, ) APPLICANT ) Case No. AZ-02-003 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA TION AND ZONING The above entitled annexation and zoning application having come on for public hearing on May 21, 2002, and tabled until June 4, 2002, and continued until June 18, 2002, at the hour of 6:30 p.m., and Brad Hawkins-Clark and David McKinnon, Planner for the Planning and Zoning Department, Anna Powell, appeared 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. There has been compliance with all notice and hearing requirements set forth in Idaho Code gS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ AMBERSTONE SUBDIVISION (AZ-02-003) maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary . 3. The property which is the subject to the application for annexation and zoning is described in the application, and is approximately 3.84 acres in size, is located south of W. Cherry Lane and south ofN. Summertree Way, all within the Area oflmpact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner/applicant of record of the subject property is James Jewett of Meridian, Idaho. 5. The property is presently zoned R-1 and consists of vacant land. 6. The Applicant requests the property be zoned as R-8, with the intent to develop 19 building lots and 2 other lots for ten attached single-family dwellings and nine detached single-family dwellings, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 7. The subject property is bordered to the north and south by Meridian zoning ofR-4 and to the east and west by County zoned residential property zoned R-I. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ AMBERSTONE SUBDIVISION (AZ-02-003) Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. Adopt the Recommendations of the ACHD as follows: 1. Construct the main entrance to the subdivision, Summertree Way, located at the west property line, as proposed. This location aligns with Summertree Way on the north side of Cherry Lane. 2. Construct Summertree Way as a ful129-foot street section with curb and gutter on both sides of the roadway and 5-foot wide concrete sidewalk on the east side of Summertree Way within 40-feet of right-of-way. 3. Construct Thorncreek Place as a 29-foot street section with curb; gutter and 5-foot wide concrete sidewalk within 42-feet of right of-way with parking restricted on one-side of the roadway. A signage plan shall be submitted for review and approval by Planning and Development staff. 4. Construct a large common lot within the public right-of-way, as proposed. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 5. Construct the proposed large common lot that is located in the center of Summertree Way with a minimum ofa 29-foot street section within 40-feet of right-of-way. The design shall be reviewed and approved by ACHD's Planning and Development staff. 6. Construct a non-circular turnaround at the east end of Thorncreek Place. Submit a design of the turnaround for review and approval by District staff. 7. Replace unused curb cuts on Cheny Lane with standard curb, gutter and 5-foot wide concrete sidewalk to match the existing improvements. 8. Replace any existing damage curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. 9. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/.AJ\i[BERSTONE SUBDIVISION (AZ-02-003) 10. Meet District drainage requirements per section SOOO of the ACHD Development Policy Manual. 11. Ifutility relocation is necessary to constmct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 12. Any existing irrigation facilities shall be relocated outside of the right-of-way. 13. Other than the access point specifically approved with this application, direct lot or parcel access to Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 14. Comply with the Standard Requirements of ACHD, as listed in their report dated February 2S, 2002. Additionally, comply with the action of the City Council taken at their June 18, 2002 meeting as follows: 1. Applicant shall be allowed a 25' wide landscape buffer on the common lot that is adjacent to Cherry Lane, instead of the required 35', through the alternative compliance provisions of the Landscape Ordinance. 10. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No.9, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 11. It is also found that the development considerations as referenced in Finding No. 9 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is hannonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ Al\1BERSTONE SUBDNISION (AZ-02-003) or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 12. It is found that the zoning ofthe subject real property as Medium Density Residential District (R-8) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 13. It is found that the requested zoning designation ofR-8 is harmonious with the existing and planned adjacent developments. 14. It is found that the proposed uses (single-family attached and detached residential) will not change the existing or intended character of the area. 15. It is not anticipated that the proposed use will be hazardous or disturbing to future or existing neighbors. 16. It is found that the property to be annexed will be served adequately by all essential public facilities and services. The applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adj acent properties. 17. It is found that there will not be additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 18. It is found that the proposed nineteen (19) dwelling units will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ AMBERSTONE SUBDIVISION (AZ-02-003) 19. It is found that the subdivision of the property will not create significant interference with the existing traffic on Cherry Lane. 20. It is found that no natural or scenic features of major importance will be lost or damaged by approving the annexation and re-zone. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 21. It is found that the annexation of this property would be in the best interest of the City. 22. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: Goals Section: Goal 4, Goal 8 Economic Development Chapter: 3.1 U, 3.2U, Land Use Chapter: 2.1U Transportation Chapter: 1.19U, 1. 14 23. The property can be physically serviced with City water and sewer, but the applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. 24. That an ordinance was approved at the June 18,2002 Council meeting amending the Zoning and Subdivision Ordinance, known as Ordinance No. 02-955, which would now allow the applicant to develop single-family attached dwellings, and said ordinance includes FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGjAMBERSTONE SUBDIVISION (AZ-02-003) development standards for single-family attached dwelling units. Additionally, the ordinance includes new language providing for shared driveways and reduced frontage for lots with shared driveways. The development design uses the minimum lot sizes, frontage requirements, shared driveways and setback requirements. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code 9 ]] -16 provides the City may annex real propeliy that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. 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 Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, ]994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals Section: Goal 4, Goal 8 Economic Development Chapter: 3.1U,3.2U, Land Use Chapter: 2.1U FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGjAMBERSTONE SUBDIVISION (AZ-02-003) Transportation Chapter: 1.19U, 1.14 5. The zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at 9 11-7-2 D as follows: (R-8) Medium Densitv Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion 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. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City ofldaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, ifannexed, shall meet and comply with the Ordinances ofthe City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance ofthe City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner andlor developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGjAMBERSTONE SUBDIVISION (AZ-02-003) 1. The applicant's request for annexation and zoning of approximately 3.84 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated, as an ordinance was approved at the June 18, 2002 Council meeting amending the Zoning and Subdivision Ordinance, known as Ordinance No. 02-955, which would now allow the applicant to develop single-family attached dwellings, and said ordinance includes development standards for single-family attached dwelling units. Additionally, the ordinance includes new language providing for shared driveways and reduced frontage for lots with shared driveways. The development design uses the minimum lot sizes, frontage requirements, shared driveways and setback requirements. 2. The application is for annexation and zoning of 3.84 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofldaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de- annexation, with the City of Meridian, which provides for the following conditions of development, to~wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ Al\1BERSTONE SUBDIVISION (AZ-02-003) Adopt the Recommendations of the ACHD as follows: 1. Construct the main entrance to the subdivision, Summertree Way, located at the west property line, as proposed. This location aligns with Summertree Way on the north side of Cherry Lane. 2. Construct Summertree Way as a fu1129-foot street section with curb and gutter on both sides of the roadway and 5-foot wide concrete sidewalk on the east side of Summertree Way within 40-feet of right-of-way. 3. Construct Thorncreek Place as a 29-foot street section with curb, gutter and 5-foot wide concrete sidewalk within 42-feet of right of-way with parking restricted on one-side of the roadway. A signage plan shall be submitted for review and approval by Planning and Development staff. 4. Construct a large common lot within the public right-of-way, as proposed. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 5. Construct the proposed large common lot that is located in the center of Summertree Way with a minimum ofa 29-foot street section within 40-feet of right-of-way. The design shall be reviewed and approved by ACHD's Planning and Development staff. 6. Construct a non-circular turnaround at the east end of Thorncreek Place. Submit a design of the turnaround for review and approval by District staff. 7. Replace unused curb cuts on Cherry Lane with standard curb, gutter and 5-foot wide concrete sidewalk to match the existing improvements. 8. Replace any existing damage curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. 9. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 10. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 11. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 12. Any existing irrigation facilities shall be relocated outside of the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/AMBERSTONE SUBDIVISION (AZ-02-003) 13. Other than the access point specifically approved with this application, direct lot or parcel access to Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 14. Comply with the Standard Requirements of ACHD, as listed in their report dated February 28, 2002. Additionally, comply with the action of the City Council taken at their June 18, 2002 meeting as follows: 1. Applicant shall be allowed a 25' wide landscape buffer on the common lot that is adjacent to Cherry Lane, instead of the required 35', through the altemative compliance provisions of the Landscape Ordinance. 4. The City Attomey shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation ofthe real property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian City Code S 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ AM:BERSTONE SUBDIVISION (AZ-02-003) NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the :2 M.2. day of Jtd:r ,2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED $tA..-- VOTED -----f/!!'- VOTED~iv COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED ~'---- ---- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 7--2-02- MOTION: m___ APPROVED~sm'l'ROVED: VOTED Copy served upon Applicant, the Planning and Zoning Department, Pub~it:t,WIGl,tj~s Department and . 1\1 III the CIty Attorney. "",,~ of ~~/III" " ,..~. '-'1,4. ~ ......... u. Q.p.{)J:) ~ - ~ V :,0'..-": ~ ~ .:,0'" ~"'~ <; ~. ~ ~ 0 ~ BY:~~~/).Dated: }-'2-02-- ff ~ Ity Clerk ~ SEAL ~ Z:\Work\M\Mcridiun\Mcridiun 15360M\Ambcrstonc Sub AZ02-003 PP02-002\AZFfCl&Orde!'doc 7e: # 2 -;. Qu '" 0 ~ '\ I"() &/ 151 ' ~'.$" FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page~~~ 00U rr'l f;>~ ",'::- AND DECISION AND ORDER GRANTING APPLICATION "'I/li'<, i\ \ ';\\1\\\" FOR ANNEXATION AND ZONING/ AMBERSTONE SUBDMSION' ,.,,, (AZ-02-003) BEFORE THE MERIDIAN CITY COUNCIL C/C 06-18-02 IN THE MATTER OF THE ) APPLICATION OF THE CITY OF ) MERIDIAN, THE APPLICATION ) FOR ANNEXATION AND ZONING ) OF 1.00 ACRES FOR PROPOSED ) MERIDIAN FIRE DEPARTMENT ) LOCUST GROVE SUBSTATION, ) LOCATED AT 3545 N. LOCUST ) GROVE, MERIDIAN, IDAHO ) Case No. AZ-02-009 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on July 18,2002, at the hour of6:30 p.m., and David McKinnon of the Planning and Zoning Depmtment, Ivan Marchello, Fire Chief Kenny Bowers, appeared 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. There has been compliance with all notice and hearing requirements set fOlth in Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 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 Comprehensive Plan of the City of Meridian adopted December 21, 1993, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONING/MERIDIAN FI RE DEPARTMENT SUBST A nON (AZ-02-009) Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The propeliy which is the subject of the application for annexation and zoning is described in the application, and is approximately 1.00 acres in size, is located at 3545 N. Locust Grove, all within the Area ofImpact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is the City of Meridian/Meridian Rural Fire Protection District; and the applicant is City of Meridian/Meridian Rural Fire Protection District. 5. The property is presently zoned by RUT and consists of vacant land. 6. The Applicant requests the property be zoned as L-O, with the intent to construct a new fire department substation, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single-Family Residential. 7. The subject property is bordered to the north, south and west by Ada County RUT zoned property and to the east by Summerfield Subdivision zoned R-4. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECIsrON AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MERIDIAN FIRE DEPARTMENT SUBSTATION (AZ-02-009) 1. Essential City services are or shall be available to the subject property. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 57517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Future development of this property as a Fire Department Substation shall be in compliance with City of Meridian development ordinances in place at the time of development. The property shall be restricted for only public use and be subject to conditional use if a fire substation is not constructed at this location. Adopt the Recommendations of the ACHD as follows: 1. Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 2. Construct a 5-foot wide concrete sidewalk on Locust Grove Road located 2-feet within the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 3. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parceL 4. Pave all driveway(s) to their full-required width and to a point 3D-feet beyond the edge of pavement of Locust Grove Road with IS-foot pavement tapers abutting the existing roadway edge. 5. Comply with all Standard Conditions of ApprovaL Standard Conditions of Approval: 6. Any existing irrigation facilities shall be relocated outside of the right-of-way. 7. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 8. Replace any existing damage curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MERIDIAN FIRE DEP ARTMENT SUBSTATION (AZ-02-009) 9. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 11. Construction, use and property development shall be in confonnance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 12. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 13. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant 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 applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 14. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 15. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions 1n 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 other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Recommendations of the Meridian Fire Department as follows: 1. A fire-flow consistent with Appendix III-A of the Uniform Fire Code shall be provided to service the entire project. Fire hydrants shall be placed an average of 4001 apart at approved locations. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MERIDIAN FIRE DEPARTMENT SUBSTATION (AZ-02-009) 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 4. Final approval for fire hydrant location shall be by the Meridian Fire Department. 5. All turning radii shall be 28' inside and 48' outside. Adopt the notation of the Meridian Water Department as follows: I. The Depmtment has a 12" main on the east side of Locust Grove which shall be available for the project. Additionally, comply with the action of the City Council taken at their June 18,2002 meeting as follows: 1. The annexation shall be limited and restricted to public uses only, otherwise the uses proposed would have to go through the conditional use process. 10. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No.9, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 11. It is also found that the development considerations as referenced in Finding No. 9 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. FINDINGS OF FACT AND CONCLUSlONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MERIDIAN FIRE DEPARTMENT SUBSTATION (AZ-02-009) 12. It is found that the requested zoning designation, L-O, is harmonious with and in accordance with the adopted Comprehensive Plan and Generalized Land Use Map ifit is used by the Fire Department as a substation. The subject property is currently depicted on the 1993 Generalized Land Use Map as "Single-Family Residential." 13. It is found that the surrounding properties include rural residential properties and residential subdivisions. New development projects have been proposed in the area, including the aforementioned mixed use Heritage Commons Subdivision, which will place more demand on existing emergency services. It is also found that the requested zoning designation ofL-O for a fire substation will be harmonious with the existing and future development. 14. It is found that the proposed use (Fire Department substation) will not change the existing or intended residential character of the area. 15. It is not anticipated that the proposed uses will be hazardous or disturbing to future or existing neighbors. 16. It is found that the property to be annexed will be served adequately by all essential public facilities and services. 17. It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 18. It is found that the proposed substation will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. Lights and sirens may be of concern to neighbors; however, it is also found that the use of safety equipment such as lights and sirens, should not be a justifiable reason to deny the annexation of land to be used as a fire station. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MERIDIAN FIRE DEPARTMENT SUBSTATION (AZ-02-009) 19. It is found that the subdivision of the property will not create significant interference with the existing traffic on Locust Grove. 20. It is found that no natural or scenic feature of major importance will be lost or damaged by approved the annexation and re-zone. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 21. It is found that the annexation of this property would be in the best interest of the City. 22. It is found that the zoning of the subject real property as Limited Office (L-O) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single-Family Residential. 23. The subject annexation request and zoning designation and proposed development relates to and is compatible with the goals and policies of the Comprehensive Plan of the City. 24. The property can be physically serviced with City water and sewer. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MERIDIAN FIRE DEP AR TMENT SUBST A TJON (AZ-02-009) 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. 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 Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals 1 through 10, inclusive. 5. The zoning of Limited Office District (L-O) is defined in the Zoning Ordinance at S 11-7-2 G as follows: (L-O) Limited Office District: The purpose of the L-O District is to permit the establishment of groupings of professional, 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 ofthis 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 District. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which peliains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized in-igation systems, and Zoning and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLlCA TION FOR ANNEXATION AND ZONING/MERIDIAN FIRE DEP ARTMENT SUBSTATION (AZ-02-009) Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A ofthe 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 THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this do~s Order: 1. The applicant's request for annexation and zoning of approximately 1.00 acres to Limited Office District (L-O) is granted subject to the temlS and conditions ofthis Order hereinafter stated. 2. The application is for annexation and zoning of 1.00 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions ofthe City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de- annexation, with the City of Meridian, which provides for the following conditions of development, to- wi 1: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Essential City services are or shall be available to the subject property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MERIDIAN FIRE DEPARTMENT SUBSTATION (AZ-02-009) 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5 7 517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Future development of this property as a Fire Depatiment Substation shall be in compliance with City of Meridian development ordinances in place at the time of development. The property shall be restricted for only public use and be subject to conditional use if a fire substation is not constructed at this location. Adopt the Recommendations of the ACHD as follows: 1. Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building pem1it (or other required permits), whichever occurs first. 2. Construct a 5-foot wide concrete sidewalk on Locust Grove Road located 2-feet within the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 3. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 4. Pave all driveway(s) to their full-required width and to a point 30-feet beyond the edge of pavement of Locust Grove Road with IS-foot pavement tapers abutting the existing roadway edge. 5. Comply with all Standard Conditions of Approval. Standard Conditions of Approval: 6. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 7. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 8. Replace any existing damage curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. 9. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services FINDINGS OF FACT AND CONCLUSIONS OF LA W - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MERIDIAN FIRE DEPARTMENT SUBSTATION (AZ-02-009) procedures and all applicable ACHD Ordinances unless specifical1y waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 10. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incOLvorates any required design changes. 11. Construction, use and property development shall be in COnf0ll11anCe with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 12. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 13. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant 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 applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 14. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 15. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, 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 other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Recommendations of the Meridian Fire Department as follows: 1. A fire-flow consistent with Appendix III-A of the Unifoll11 Fire Code shall be provided to service the entire project. Fire hydrants shall be placed an average of 400' apm1 at approved locations. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MERIDIAN FIRE DEP ARTMENT SUBST A TlON (AZ-02-009) 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 4. Final approval for fire hydrant location shall be by the Meridian Fire Department. 5. All turning radii shall be 28' inside and 48' outside. Adopt the notation of the Meridian Water Department as follows: 1. The Department has a 12" main on the east side of Locust Grove which shall be available for the project. Additionally, comply with the action of the City Council taken at their June 18, 2002 meeting as follows: 1. The annexation shall be limited and restricted to public uses only, otherwise the uses proposed would have to go through the conditional use process. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (L-O) Limited Office District, and Meridian City Code 9 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Depmiment shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code' 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code 9 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING/MERIDIAN FIRE DEPARTMENT SUBSTATION (AZ-02-009) By action of the City Council at its regular meeting held on the 2 jlJ- day of otJcr , 2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED~ VOTED~'-'" VOTED~ COUNCILWOMAN TAMMY deWEERD COUNCIL WOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED$t'G MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 7.-2--(!)2- VOTED MOTION: ~ APPROVE!.. DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. 11\\\111111111, "III .-: ~ ",... /1111 ", ~ Or }V,.t;:Rl<' III .....',..... ::\ ..f....r(.-:~ / ~ ... "'..... <l.po'~ IX... $" U. Or> t"f.1"" 'v ~ .. :..0 '/,' ... f ~ '0 ~ ~ SEAL ~ ~ "P~ ,.c:>_ ~ ."<>~ ,cj ~ ~ ~ U&r 13\ ' f> $ Z:\Work\M\Meridian\Mcridian I 5360M\Meridial1 Fire Dept Locust Grovc Substation AZ02'009:~~~~d~r ~~"",$" 1111I 1\1. il " 1111' 1/l/'1I1 n 111\ ,\ ByJ!~ft ;)e,.q/rDa,ect: ?~ 2 -02- City Clerk f FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MERIDIAN FIRE DEPARTMENT SUBSTATION (AZ-02-009) June 28, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING APPLICANT Meridian Police Department REQUEST Janitorial Service Bid Award July 2, 2002 ITEM NO. 5-A-1 AGENCY COMMENTS CITY CLERK: See Bid Tracking Sheet CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached Memo 8~~ ~.J- fa f~DV (f I~' fj;ift/uJ' r/ i 'V 0 it . t [t ~ V \ Contacted: Date: Phone: Materials presented at public meetIngs shall become property of the City of Meridian. MJERIDIAN POJLICJE DJEP ARTMJENT MIKE WORLEY Chief of Police PHONE: (208) 888-6678 FAX: (208) 884-5077 June 26, 2002 TO: Mayor Corrie and City Council Members RECEIVE JUN 2 7 2002 CITY OF MERIDIAN CITY CLERK OFFICE FROM: Chief Mike Worley RE: Janitorial Bids I would request that YOLl award the bid for janitorial services for Meridian Police Department to the lowest bidder, Clean and Fresh Carpets, for the biel amount of $2,259.00 per month. 201 East Idaho Street Meridian, Idaho 83642 - - c%\ ~ ~ ............ r{ C) (~ t'() ~'5 ....... NJ ~ ~~ ~\ . ~ " ............ ~t -::r- ~~ ....... \0 ~ ~ ~ 0\ . ~) ~ ~ \(J ~~ ~ N ~ ~ .t ~\ ~ r~ \.0 ~~ ~ ~ :::r ~~ ~ ~~ ~ '- "0 . . co Q) l- -0 - z :E CD ::> o::l D- o E 0 ~ () c: tI) 4: 2!;- o '- Q ._ <D '- - "0 ro <D CUu 0. E'- 0 __ro \.- 0_ 0.. cO -"0 - "0 cd Q) -0) We ro ~ .... .- 8..~ ~& oW '- <D (I) CLO:':S C)~ .~ .~ ~ ~ ~~ {~ ~ ~ ~' -........ lJ G; 1~ ....... ~ ~~ \~ c.? z t=-:z OW we.. -'0 00 0::- n..ro .~ l::.; ~ (-' ~ .c:::...) ...s: ~\ 'VV 'V \..C <:)'" \0 -oj- N s: ..... cl N ,-.::::5 <...) ~ . . "0 . . '- r- ID C) "0 - Z -0 5E :::l CO 0.. ....- 0 E 0 ~ 0 "0 ~ 0 CD ~ L- a .- ~ - '- 0' ro Q) 0- CD 0 0::: l- e c.. --og t'Cl(1)(O(/) (I) c: E '- o.~ (1) 0..- L- "0 o Cf) .2 "0 '- C'- O-~_co ORt'}\NAL . . 1h- THIS LEASE made this ~ day of June, 2002, between the CITY OF MERIDIAN, a municipal corporation (hereinafter referred to as "City"), and the MERIDIAN CHAMBER OF COMMERCE, INC., an Idaho corporation (hereinafter referred to as"Lessee"): I GRANT OF LEASE: DESCRIPTION OF PROPERTY: DURATION OF LEASE That in consideration of the rents, and conditions on the part of the Lessee to be paid, kept, and performed as hereinafter mentioned, City hereby agrees to lease to Lessee a certain parcel of real property situated in Storey Park, located in the City of Meridian, Ada County, State of Idaho, said parcel is more particularly described in Exhibit A which is attached hereto and incorporated by this reference, To have and to hold the said parcel of ground unto the use of said Lessee, its successors and assigns, for the term of fifty (50) years beginning on the date of these presents. The City covenants that upon the expiration of said term at 50 years it will negotiate for another lease of said premises. II RENT Lessee agrees to pay the City as rent for said premises One and no/1 00 Dollars ($1.00) per year. All fifty (50) years of this lease term have been paid for in full by the lessee as of the date this Lease is executed. III PUBLIC RESTROOMS The Chamber of Commerce building contains two public restrooms with exterior entrances. Additionally, this portion of the Chamber of Commerce building, which contains the two public restrooms, has been paid for by the City and said portion of the building is City owned property. City agrees to assume total responsibility for furnishing and maintaining the plumbing and electrical bathroom fixtures, supplies, including paying for the sewer, water, electric, and natural gas charges and assessments as they relate to the public restrooms. IV TAXES, SPECIAL ASSESSMENTS, AND PUBLIC SERVICE CHARGES Lessee agrees to pay all taxes and assessments, general and special, and all other impositions, ordinary, of every kind and nature whatsoever, levied or assessed upon the building or improvements at any time situated on the leased parcel during the tern of the lease. Any such taxes or assessments pertaining to the public restrooms shall be the responsibility of the Lessor. Furthermore, Lessee shall pay for all user charges associated with the structure, except those that relate to the public restrooms, and which restrooms are City owned and referenced in paragraph III above. The City shall pay, by a separate billing to the property, the utilities that are furnished to that portion of the building, including any power, natural gas, and water and sewer hookup. V CONDEMNATION OF LEASED PROPERTY The parties by this provision provide for the contingency that the premises or a portion thereof could be taken by a public authority under the power of eminent domain during the term of this lease. With respect to the compensation recovered upon any such taking, the parties agree that all compensation for the reduced value of or the loss of the fee title to the land the City's interest in the leasehold created by this lease and all other compensation except that hereafter specifically assigned to the Lessee shall be the property of the City; and that compensation for the reduced value of or the loss of the improvements, including the building (except for the public restrooms which are not property of the Lessee), located on the leased premises, the Lessee's moving expenses, the Lessee's loss of busines~, and the depreciation of the Lessee's stock and fixtures shall be the property of the Lessee. VI USE OF PREMISES The parties acknowledge that the City is leasing the described parcel to Lessee to allow Lessee to use the premises as the location for the office of the Meridian Chamber of Commerce, lnc, and Lessee's related activities. Lessee shall also be entitled to operate a visitor's center on said premises. In the event Lessee shall cease to use the leased premises for a Chamber of Commerce office, such shall constitute a default of this Lease and shall entitle the City to terminate this lease and pursue any remedy herein provided. Lessee shall make no unlawful use of the leased premises, nor shall Lessee perform any acts or carry on any practices upon the premises which may injure the enjoyment of the surrounding park or be a nuisance or menace to the City or patrons or Storey Park. The City shall maintain, at no cost to the lessee, the landscaping and watering of the premises. VII INSURANCE A. Liability Insurance. The Lessee shall at all times keep enforced a standard insurance policy insuring the City and the Lessee against public liability on or in any way connected with the premises with the limits of liability in those amounts as currently set forth in the Idaho Tort Claims Act, or in such amounts as may hereafter be set forth by said Act during the term of this lease. Lessee further agrees to provide City with written proof of insurance at least annually, or upon the reasonable request of City. Insurance for the restrooms shall be maintained by the City. B. Lessee to Indemnifv City: Lessee agrees to indemnify and hold City harmless for any damages or claims which arise out of the Lessee's use or occupancy or the leased premises, exclusive of the public restrooms. LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -2- C. Fire Insurance. The Lessee shall at all times during the term of this lease carry and keep in force a standard fire insurance policy insuring the premises for the full insurable value hereof with extended coverage. Insurance for the restrooms shall be maintained by the City. VIII QUIET ENJOYMENT The City warrants and agrees that it holds merchantable title to the premises, and that it shaH defend lessee's peaceful possession of the premises during the term of the lease against all interruptions by the City or any person claiming under the City unless this lease is terminated for the default of the Lessee. IX CITY'S DEFAULT If the City shall default in performing any of the provisions of this lease to be performed by it, the Lessee shall not pursue any available remedies (except to secure an order or judgment of eourt restraining or enjoining each such default) until the Lessee shall notify the City thereof specifying each such default. If the City fails to correct each said .specified default within ninety (90)'days after service of such notice, the Lessee may, without further notice, terminate this Lease and pursue any other remedy now or hereinafter provided by law, no remedy being exclusive. X LESSEE'S DEFAULT If the Lessee shall default in performing any of the provisions of this lease to be performed by the Lessee, the City shall not pursue any available remedies (except to secure an order or judgment of court restraining or enjoining each such default) until the City shall notify the Lessee thereof specifying each such default. A. Acts of Default. The following, but not limited to the following, eventualities shall be acts of default by Lessee, upon occurrence of which City shall have the right to declare this lease immediately terminated with the consequences herein provided: (1) Failure to comply with any other provision hereof within ninety days following written notice of default given by City, which said notice of default shall specify the matter in default; (2) Abandonment of the premises by Lessee; or (3) Commencement of any proceedings to declare Lessee a bankrupt, or for relief under any of the Chapters of the Bankruptcy Act, whether voluntary or involuntary, or the appointment of any receiver or trustee of the assets of Lessee situated in or upon the leased premises, or the seizure of all or any substantial portion of the assets of Lessee in or upon the leased premises under any levy of attachment or execution which shall not have been released within thirty (30) LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -3- days after the date thereof. B. Remedies Upon Default If the Lessee fails to correct each such specified default within ninety (90) days after service of such notice, the City may, without further notice, immediately correct the specified defaults, in which case the cost thereof to the City shall be deemed to be additional rent, shall be immediately due without further notice of default, and the City may institute all necessary proceedings to collect the same, and pursue any other remedy now or hereinafter provided by law, no remedy being exclusive. XI TRANSFER BY LESSEE PROHIBITED The Lessee shall not sell or contract to sell or assign or contract to assign this lease or sublet or part with possession of the premises or any part thereof, or otherwise transfer or hypothecate or assign as security or pledge or otherwise encumber the Lessee's interest in this lease or in the premises or any part thereof. It is agreed the reason and justificati.on for the above restriction on alienation and transfer is reasonable and the City would not lease this property to any entity other than Lessee for any use other than that stated in this lease. Any violation of the provisions of this paragraph by the Lessee shall constitute a default by the Lessee entitling the City to pursue any remedy herein provided for the default of the Lessee. XII ENFORCEMENT EXPENSE If any court action is brought to enforce any of the provisions of this lease, the losing party shall pay to the prevailing party a reasonable attorney's fee in such action. XIII ALL MODIFICATIONS TO BE WRITTEN No modification of this lease nor any waiver of a provision hereof shall be of any force or effect unless the same is in writing and signed by the parties hereto. XIV NOTICES All notices required or permitted to be given hereunder shall be in writing and shall be sent postage prepaid by United States registered mail, return receipt requested. A notice mailed and addressed to the address set opposite the signature hereto of the party for whom the notice is intended, shall be deemed served and conclusively presumed to have been received the day after it is mailed. Any party may, by written notice given as herein provided, change the address for notices to be sent to such party. LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -4- XV TIME OF ESSENCE Time and prompt performance of each provision of this lease is of the essence. XVI WAIVER Waiver by one party of one or more defaults in performance of any provision herein contained to be performed by the other party shall not waive the provision itself or any subsequent default in performance thereof or the provisions of this paragraph. XVII GOVERNING LAW All questions relating to the construction and validity of this lease agreement shall be determined in accordance with the laws of the State of Idaho. XVIII INTERPRETATIONS The underlined paragraph headings used herein are for convenience only, are not a part of this lease, and shall not be used in construing it. This lease is executed in several counterparts and each counterpart shall be deemed an original for all purposes. Each provision of this lease to be performed by the Lessee shall be construed to be both a covenant and a condition. The term "person" shall include all legal entities, including, but not limited to, person, partnership, corporation, trust, estate, association, or governmental unit. Singular terms used herein which relate to the City or to the Lessee shall be read as if written in the plural when the context so requires or permits. XIX BINDING EFFECT The agreements herein contained shall be binding upon, apply and inure to the City's and the Lessee's respective heirs, executors, administrators, successors and assigns. xx EFFECTIVE DATE Effective date means the date that this lease agreement is dated above and is the date on which it will take effect regardless of whether the parties hereto signed it before or after such date. LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -5- IN WITNESS WHEREOF, the parties have subscribed their names and have set their seals on the day and year first above written. CITY OF MERIDIAN, IDAHO 33 E. Idaho Street Meridian, Idaho 83642 ATTEST William G. Berg, Jr. City Clerk ZtlA. This Agreement approved by the Meridian CitX\~(\)ILltl}rr.jJ/~itting in regular session on the day ,\\ Of MJ::r.. 11111 - of ..Marck, 2002. ~...,,~~ '-'1'tol ............-:,. 2d@ !"r:).,cp~~~ Af.-z..~% ;:: ~ 0 ~ ~~~~I 9! ! William G. Berg, Jr. ~ Yc:.... , -;:.-Q/..... '" 0::: City Clerk ~... '?~ ~>:J'r 1S\ . t-...~ $' ...... . 1 ^,. " .............. COU~ r-T""J \\..1 "........ 'II;. I~ S l t \\\\' JlliJlinr ~~1n\\\ ATTEST: J ph W. Borton President By: LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -6- "r STATE OF IDAHO, : ss County of Ada On th~:JtS~ay of Ma~~fore me, the undersigned, a Notary Public in and for said State, personally appeared JOSEPH W. BORTON and, known to me to be the President of the Meridian Chamber of Commerce, Inc., the persons whose names are subscribed to the within and foregoing instrument and acknowledged to me that they executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. (SEAL) ~,\\\"III1I1'"JII. ~,\\ '{ s. JEPso;/!0. ~ ~..... .......... 'v ~ ~ C:) .... .... ~ .... , .. ~ :: .. t-\O'fARY o. ~ ~ : :*E =*: .... :: - . .. - ~ ... PUBL\C ... j ~ .. . ~ ~.. fl. '* ~.. .. *' ~ _;.:.......'..:1) #' ..../It. "".'l7ECf\\l~~\'1: ~1111II"'nl\\\"~ '~Sr4~ " 'Notary pubnc tor Idah.cV.. 1~ - ~-' Residing at7?te-ct~ J.!::t..tJ.--t-'--u Commission Expires: ~6 ~ I S- -07- STATE OF IDAHO, : ss County of Ada ) (I.~ JlA-lly On the q;'?-day of Mttreh, the undersigned, a Notary Public in and for said State, personally appeared ROBERT C. CORRIE and WILLIAM G. BERG, JR., known to me to be the President and City Clerk of the City of Meridian, the persons whose names are subscribed to the within and foregoing instrument and acknowledged to me that they executed the same on behalf of said City. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. (SEAL) ...11I1111". ..~OJ:L~~. //1;?/;:'0 T~;:~~~. ."" ~ .;:-r- II I \ ~ II I ~ II ~ ~ J II · \ L " ". \ It ". ~ b._..t'.~. . <.P "...~-~":"~ ... +.:&,..;:.--~~ + .-;"'L5OF lY..+ ......'" ~~MuYLk+k-> Notary Public for Idaho " Residing at: A d-o-: Cetvvctc'( .,J kk.o Commission Expires: 4- - ;J. 7;- 0 '5 LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -7- / .j: '1 ' I , I;' r 0 j ...... ..__... ......___ ...___.._..__ Do t e.____uuu....By ..._.u____ Sheet...__........Of...___ De$~Y'ip-t,o'n fov W.O&t. oP a ptln:aL Ob Miv.M~ ~ ~FtI\t; S~ h...a.f.t.d ~.~ 1L...L NWl'4 NWY4. 5ec.t'6) T:3.~J'Jf<.JE. Me'rld l~ J A da. ~ 11\ ~-t'1 ) 1:"0 G\-to I I ,I , lrtS pa"uJ_ ot pVT'ftA r, ~ W'ove.. ptfA.h ~,^,IA'r1 d.t ::n\ ~d 0$ \ ~lLcf\.AfS: trJvn~e.ktl~~ 0.1"" f\...J. $-tt+tO~ ~"''N.V 'rf1t#\~'l- -hu- ho~I,^Wtst- &V'\'\W' tlb St.e1'lOVt Ie J 1: 3 rJ.) }Z.tE. ,6.M. ,AtJ.Q. Cc~~ j~t.J.., eas-~'o ~~ ~ V1.or.(1,.' b.clA\1dtL'd l~ '1> sa..~d. SIC.-h.M.J Ct(~() sa~d.. 1.~ ~J ' .fkt (tM.-t.wI~ 06' ~UM.k k,:... (lov J) afPYlN.~""~'1 t,osn b-uc to ~ PO:""t-l .. ~t.l.. Sl)~ luALA 0 Pf>vvy.'\I1N\a.t.t~ 4~ ~ 10 'fo~-t ))'\~q.. ~ ~hAs~dtQ~ e.,tlsh~l . -0 . G~l p01r'\t' bel"1 ilo.4 ~AL.por..,rof"ih;/~1. 01, on..tk~ ~k. ro.. "^"-~ YfltJ-rL.u.r'1 ~J\ j ~ wts.f.t,v~, "li p~ill..tl wifh -hu c~ ~ ~Cl..J 100 -6-v..t fo 'pd~~ ~ SOl,d~ ()~pY\l"t~a:ttLu I'":> 0 tu:t~o. po',^",-r '1> ~ttAStt.~ Lvl ~ ~ - .( , < - -- -"d nort"-t.o~ Qrtl'Sh ~ ~ ~ CA.iQ. r Of, "1Nd- CA..v\.b j ~ u. ~o'-\4 kJtaJ~^ """,^-,l. Yl 0 ^' tJ,,(A.1 ,- ~f ~ .tI,(~tb~~ Co 1I\c.u..u ro4dw~ ~ o'Ppr-n,~a.% z.qo ~ {o .. 1\u. ee-M... POIV\'l 0 r t;>t:-6lvW'\"'~ ) Co VhPY'lS\~, apfW)t:\ ~o1:iJ..i y~ AC\'"e. J Yf'.ort ot l~. " j i , ;1 I I 1;1 . .. 11 I, !I II ;, r !l jl 'I II It Ii :l I' Exh~bit 1 :4 "I I. " ... ~. ~ --.....:;. ~ ~u:. _ ~o '- ~~ ~ <L1 ~, t 41 .j 1 0 ~ GttJ ~ ~ +- ~ " 'If,) ~), cL IS" \J\, - <\ -1 -- 1~ ~ ~ 0 c.- .' - ~ +- ~~i UJ '0 -Z r t;i9 ~~ - \f\ \.ll ' ~ \ '~~ \ , _J.- ..;.. <l ~ o +- o J~~ ~ ~ c:',) ~ .~ ~ ~:, ~ ~ \t ~ "l- I \.9. ~+( --- ... S) o 33 E. Idaho Meridian, Idaho 83642 888-4433 8B8-Z-S17 PAID our I t1- , ! ~ I t t ~ t , l 1 ~ 1 ) ( ~r 1 f ! f i 1 , All claims and returned goods C000654 A ~ /11\ A ,-. JOAHO INO~PENDENT BANK MERIDIAN OFFICE MERIDIAN. IDAHO 83642 6209 MERIDIAN CHAMBER OF COMMERCE P.o. BOX 7 MERIDIAN, 10. 83680 (208)888-2817 92.373/1231 05 7/2/2002 PA Y TO THE Meridian City ORDER OF **14.00 $ Fourteen and 00/100************************************** ******************************************************* DOLLARS Meridian City IIloob 20gul 1::1. 2:1 .o3:?:1 21: 05000...50111 MEMO Balance of Lease c)-'^ ",,~jJ x/\~ 'er's rv\:J \ \) '\; \0 ~"''V x \l '\i . ........ ...... ..__..........J...... ..~t1\".rJ 33 E. Idaho Meridian, Idaho 83642 888-4433 ~' I Phone; t)'V$-Z-8!7 ON ACCT./ MDSE. RETO'I PAID OUT I tf- , I ( ~ i ~ .\ J I ~ ~ I , ~ ~. ~ .~ . s . x t t , j { I l ; , ) !'. ' I U9' All claims and relurnad goods C000654 q.!, r-m Ilr> ~ ~'-. IDAHO INDEPENDENT BANK MERIDIAN OFFICe MERIDIAN, IDAHO S3642 6209 MERIDIAN CHAMBER OF COMMERCE P.O. BOX 7 MERIDIAN, 10. 83680 (208)888.281 7 PAY TO THE Meridian City ORDER OF 92.373/1231 OS 7/2/2002 *" 14.00 $ Fourteen and 00/100************************************** ******************************************************* Meridian City MEMO Balance of Lease DOLLARS 11-00[; 20Qul ': lz 2:1 1.0:1 7:1 21: 05000...50111 Meridian City Council Meeting ~ June 24, 2002 Page 30 of 32 Corrie: Okay. Motion has been made and second with the suspension of the rules. Any further discussion? Okay. Roll call vote, Mr. Berg. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. MOTION CARRIED Corrie: With that, we will have Item number ii-C. I would like to tell the Councilor ask the Councilor tell you or whatever the verbiage is, I'd like to have a pre-Council meeting next on the second of July at 6:00. Brad Watson wants to meet with you about this latecomers discussion of Water and Sewer latecomers agreement with Sundance Company. He said he figured that 30 minutes would do it. Is that correct, Brad? Watson: Yes. Corrie: Then we can go about the regular meeting on time. I did put that on the second of July at 6:00 so we can (inaudible) 30 minutes earlier to hear that. Bird: That's good. Corrie: We have some discussion that needs to be handled with the Council. 11 ~C. Lease Agreement with Chamber of Commerce: Corrie: Okay. The next item is ii-C, which is the lease agreement with the Chamber of Commerce. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we go into the Executive Session as per Idaho State Code 67- 2345 (c) regarding the contract. McCandless: Second. Corrie: Okay. Motion has been made and second. Roll call vote, Mr. Berg. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. All ayes. MOTION CARRIED Corrie: Mr. Bird, who all do you want here? Just the four of us and the attorney? Bird: The four of us and Attorney Nichols. (Executive Session) Meridian City Council Meeting June 24, 2002 Page 31 of32 Corrie: I'll entertain a motion to come out of Executive Session. Bird: So moved. Nary: Second. Corrie: Okay. Motion has been made and second. All those in favor say aye. Okay. Let the record show that no decisions were made other than what will be done in open public meetings. Council- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: On this lease with the Meridian Chamber of Commerce, there has been a, I guess, a couple of changes unbeknownst to the City that was sent to us signed by the President of the Chamber and approved by their board. We had sent them over. an exhibit that we would agree with and asked them to look it over and see if they agreed with it. At this time, I would move that we table this lease agreement and that our attorney get with the President of the Chamber of Commerce and a couple of their board members and ask them to come to the July 2nd meeting so we can discuss the changes that were made by them on this lease agreement. De Weerd: That was a long one. Nary: Was that a motion? Bird: That was a motion. De Weerd: Second. Corrie: Motion has been made and second. All those in favor say aye. All ayes. Now you can have a discussion on that. That concludes our agenda. I will entertain a motion-Oh, don't forget the first of January we have a meeting with the ACHD and City Cou ncil- De Weerd: January? Corrie: I'm going to be the only one there so make that a notice. De Weerd: Happy New Years. Corrie: Happy New Year, Mayor. Bird: You mean we don't have to come to any more meetings? Meridian City Council Meeting July 2, 2002 Page 5 of 65 Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none. All those in favor of the motion say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: (Items Moved from Consent Agenda) Corrie: No items were removed from the Consent Agenda. Item 7: Tabled from June 24, 2002: Lease Agreement with Chamber of Commerce: Corrie: Item NO.7 is tabled from June the 24th, 2002. This is a lease agreement with the Chamber of Commerce. Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, Joe Borton, Chamber President, is here with some of his board members as you requested they be. The Chamber lease of.the Chamber building site in Storey Park has been subject to renegotiations for longer than anybody really cares to admit and there is some final items that need to be c1eare'd up with regard to that and Mr. Kuntz and I, in discussing those items in correspondence that went to Mr. Borton, just need some clarification as to the respective intent in what's been done before. So Mr. Borton -- I believe you have in your materials -- and may not -- it shouldn't be on the CD ROM, but a hard copy, of a letter from Mr. Borton dated July 1 st, which addresses the issues that -- in the lease agreement that the Chamber signed there was -- there were some things deleted and some things added and just to review those, there was a provision under use of premises which required the city to maintain landscaping and watering of the premises, which would essentially be anything outside of the Chamber building and there is -- so we need some discussion on that, maybe clarify that in terms of what does that mean with regard to flower beds or shrubbery. There was a right of inspection paragraph that was removed, but that right of inspection paragraph was a carry over from the prior lease. It looked to be boilerplate language that came over from a lease where someone would be leasing the building, as opposed to just leasing the land. So perhaps that doesn't need to be in there. There was also a deletion of a portion of a default paragraph regarding nonpayment and since this is a relatively small lease, which has all of the lease payments made up front, that's, in my estimation, not a major issue. The lease is for 50 years and at the end of that time if-we renegotiate a new lease, we can deal with any issues regarding nonpayment or whatever at that time, if any of us are still here. Those are really the only things that I think need to be discussed. There is also an issue raised by Mr. Kuntz with regard to snow removal and what the parties expectations were regarding that. Corrie: Okay. Nichols: I don't think I have left anything out. If I have, Mr. Borton can tell me. Borton: Thank you, Mr. Mayor, Members of the Council, you haven't left anything out. The letter from July 1 st tried to address some of those concerns. Meridian City Council Meeting i . July 2, 2002 Page 6 of 65 Corrie: Name for the record, please. Borton: Oh. Joe Borton. My address? Corrie: Thank you. 1005 White Lily in Meridian. De Weerd: I think he should be sworn. Borton: Let the record reflect that Councilwoman de Weerd is being difficult. The only issue that -- two of the issues, one of them brand new, at least to me. I talked with Terry briefly, is the issue of snow removal. The other one that I didn't think -- it never appeared to be one that was still up in the air was the issue of landscape maintenance, the watering and maintaining the landscape. It's always been our impression that the city -- city property directs the landscaping and with our talks with Tom and Elroy was going to water it and maintain it. They are set up now I believe now where it's on the city's irrigation system, so I'm kind of in the dark. With regards to shrubberies and flowers, whether that's going to be something separate that the Chamber is going to maintain, it's kind of new to me to hear something like that. There is a comment that. it's a gray area and I just don't know really where the line would be drawn who waters the rhododendrons, but not the evergreen shrubs and whatnot. It was our understanding __ and T eri Sackman can comment on that as well -- that the city's master plan with regards to landscaping for Storey Park would contain landscaping the park in or around the Chamber building and that would be maintained by the city and controlled by the city, So that's our understanding and that's the insertional language in the lease, which is approved by our board. So if there is any further questions on that-- Corrie: I guess, Joe, you want the city to put the flowers in and keep it up? [ think before the Chamber put some flowers in and we watered them or -- I don't know. That was what Tom was wondering is if you put the flowers in, do you want us to take care of them or do you want us to put the flowers in -- just as a gray zone for him and if you want him to do it all, he'll do it all, or if you want to do part of it, you can do part of it. So that was where his confusion was coming in. Borton: Okay. Mr. Mayor and Members of the Council, one of the things -- Tom's been pretty cooperative in trying to get our input as to the landscaping plan and it went as far as the Chamber being willing in our solicitation efforts for building fund to also solicit funds for planting material, things of that nature. We haven't done that, because -we wanted to hear, really, what the parks grand plan was. If the Chamber wanted to make it gravel and asphalt all around, that probably wouldn't fit. So we have been pretty cooperative throughout. The Chamber's involvement through Tom's direction would be to assist in obtaining materials, if we are going to be out there and help plant them, we can do a planting party or whatnot, we will do that, but from thereon afterwards it would be the city's responsibility to maintain, alter, or amend as they see fit. Corrie: Tom -- oh, you're here. I'm sorry. You're here and so am I now. Tom. Kuntz: Mr. Mayor and Council, just to clarify a couple of things. I don't think the grounds maintenance pertaining to turf, trees, and irrigation systems has ever been an issue, nor is it ani ssue in t his case with the parks department. The issue is if the Chamber is Meridian City Council Meeting July 2, 2002 Page 7 of 65 requesting a higher level of landscaping directly adjacent to their building, to the sides and right in front where the walkway is and stuff, we are willing to help plant that and cooperate with the Chamber to make that happen, but to maintain those flower beds is a level of service that is higher than we would provide if it were a normal park setting and there is a cost that goes along with that as far as staff time to maintain the flower beds and shrub beds and sol guess the issue with 0 ur department is w hat I evel of service does the Chamber want to see directly in front of their building and I'm talking about right in front of the front windows, that type of thing. It's a level of service that we are not prepared at this time to maintain with extra -- without extraordinary costs being incurred by the parks department. So maybe if we could address that issue first and then come back to the snow removal and upkeep of the parking lot. You know, over a 50 year period there will need to be some sealing done, some restriping of lines and that type of thing, and, really, all we are looking for is direction from the City Council. We will do whatever the Council requests us to do. Sackman: Mr. Mayor, Teri Sackman, 2551 Misty Drive. You want to swear me in, Tammy? I can speak to the landscaping directly. Following the ribbon cutting for the new playground in Storey Park I met with Elroy and he basically -- we did a walk around the building, I said what are you thinking, we were both thinking the same thing, low maintenance sod, trees. He had one area where he had suggested that he would like to put in bushes and flowers, but I'm not sure whether that was the final plan or not. The parking lot has some bushes and flowers at the moment. At that time basically I gave -- told Elroy the position of the Chamber board is that since the parks department will be putting their landscaping and maintaining it, that whatever the parks department wanted to do was fine with the Chamber board. So if -- so whether or not we put bushes in, I guess, is -- according to the Chamber board, is up to the parks department staff. There is one area right in front of our building that faces the parking lot. There has been some talk about putting in -- putting our pavers back in as a patio and if we do that, my verbal agreement with Elroy is that the park staff would not be expected to do that, it will either be an Eagle Scout project or we will contract that out, but as far as the rest of the landscaping, that will be up to the park staff and I guess that probably answers those questions for you. Oh, I will also mention that I have contacted Du-Rite Nursery and Victory Greens, both who have indicated an interest in doing some donation of plants and/or sod. As soon as Elroy gets with them with a plan, they will tell us what they will be able to donate, so -- Kuntz: Mayor and Council, just to clarify Teri's comments. It sounds like the Chamber is willing to go along with us with our landscaping plans with the understanding that there will be a low level of maintenance required for those items. Sackman: That is correct. You want to talk parking now? Borton: With regards to the snow removal. Kuntz: Two issues on the parking, Council and Mayor. One is on snow removal in the -- the parking lot area in the past we have not done snow removal in the parking lot, because the park technically is not being used during snow season. We do maintain sidewalks, however, because we have the equipment necessary to do that. There may be an opportunity this year at budget time to add a cab over our piece of equipment that Meridian City Council Meeting i July 2, 2002 Page 8 of 65 we would use for snow removal and we would certainly be willing to provide that service as part of our normal snow clean up in that park. But that would be one issue. And then the other one would be as far as sealing the parking lot and restriping it, because that will need that -- that asphalt need that over a 50 year period of time. De Weerd: How about insulated coveralls? Nary: I was thinking the exact same thing. Corrie: Could be a cold winter. Okay. De Weerd: Mr. Mayor? Corrie: Ms. de Weerd. De Weerd: Joe, I think the reason we asked you to be here is there were a couple of changes with no cover letter explaining the changes when we got it back and so it was felt that we would like to just hear your comments and I don't think anyone on -.the Council addressed any concern on maintenance and neither did our staff. So it was just to get some clarity on that -- on the couple of items that our city attorney pointed out and we appreciate you and your board members being here. Borton: Not a problem. Corrie: Okay. Any other comments? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Joe, in your letter you had one concern of when the parking lot was going and the public restrooms were going to open. Borton: Absolutely. Bird: Do we have a date on them, Tom, on the public restrooms? Huff: Mr. Bird? Bird: Yes. Huff: On the public restrooms I think the only thing we are waiting for on those is the partition doors. During construction there was a couple of changes made and so the once that we did get or were going to end up with did not fit, so we sent those back -- Tom I believe we sent those back to get those made to fit those openings and we expect those pretty soon. I should have heard something yesterday about that, but I didn't get the message when they would be here. The rest of the bathroom is done and they a re basically functional, there is just no privacy d oars on them. Otherwise, they work fine. As far as -- what was the other question? About parking lot? Paving? What Meridian City Council Meeting (. July 2, 2002 Page 9 of 65 I'm facing there is during the construction we had a main irrigation line fail one evening. We rerouted that so it would no longer be under the parking lot surface. What we experienced there over the next few days, we just filled that whole thing up with water and we let it sit for, you know, as long as we could and we thought we could start to work it and there is really a good base under there, it was really hard, and it has a little bit of clay and rock and stuff in it, but now that it's saturated it's dry time is really really slow and we tried to get it to where we could plumb it -- or I mean pave it last week, but it was still pumping in certain sections and the paving company would not warranty it if we did it that way. So my guess is that we are going to start using that pretty soon as a gravel base and if it takes -- I took an estimate from them to do excavation and some map work down in there and some fill and redo that and they wanted 5,000 dollars and I won't do it. And so if it has to sit three weeks to dry out, it will sit three weeks and then we can pave it and I'll get them to warranty it before they do. Whatever equipment -- we took some heavy equipment on it and there is about three little areas out there that we are pumping that they wanted me to sign off and at the time Tom and I talked about it, we decided not to do it and then -- but it will be usable, it will just be that gravel base until it finally dries out and then we will pave it. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: So, in other words, our public restrooms, because of the non-privacy, are not open for the public? Huff: That's the only reason they are not open at this point. Bird: So our participants in the playground and stuff have no place to go to any restrooms in the park? Huff: We have some portables out there and we still have the other restrooms available. There is some further away and we just point people in that direction. But as soon as those are here and Tom gets those in, we will open those right up. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Can you put some kind of temporary sign on the Chamber building or where your bathrooms would be to kind of direct them where the other bathrooms are and that they have portables to use in the meantime or where the permanent facilities are? Kuntz: Mayor and Council, we have actually ordered a permanent sign that will go on the side of the building, so if you are in the shelter area, you will be able to visually see the sign with an arrow pointing to the bathrooms. In the meantime, we are supposed to have portables out there and if they are not out there or they are not in a location where they are readily visible, we will make sure they get moved before the Fourth of July, so that they are there. Meridian City Council Meeting July 2, 2002 Page 10 of 65 De Weerd: That would be good. Huff: Yeah. We will have -- you know, we get a lot of people in there on the Fourth and so we have portables coming back in tomorrow and they will be up close to the Chamber of Commerce building and -- but very accessible and then the other bathrooms on the other side will be open, too. We will have that covered for the weekend. De Weerd: Okay. Huff: Sorry about the slowness on the parking lot. It was just one night of a mess and just couldn't -- Corrie: Any other questions? Comments? Bird: I have none. Corrie: Okay. What's the recommendation of Council on this lease? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I believe that we have, according to Mr. Borton's letter with our attorney, we have worked out the wording in a couple areas that was questionable; am I correct? Am I correct? Corrie: Looking at the two attorneys. Nichols: Mr. Mayor and Members of the Council, I think you need to -- it sounds to me like basically what you're saying and what the Chamber and the parks department is saying, the existing language that is in the lease that's signed is adequate with regard to maintaining landscaping and irrigating landscaping at the Chamber building. I mean that's what I gleaned out of -- Corrie: You got it. Nichols: The issue of snow removal, well, you haven't told us -- Tom has told us that he hasn't removed snow from the parking lot in previous years and the lease is silent as to snow removal from the parking lot and the record would say -- I mean not that we get -- you know, it's not North Dakota, but if you want the parks department to remove snow from the Chamber parking lot, we need to write it into the lease. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Although I haven't heard about the covered cab, I do remember when we purchased some equipment, they said we could get a blade on it for snow removal, so I Meridian City Council Meeting July 2. 2002 Page 11 of 65 don't think that should be an issue. I think the city could probably take care of all the snow that this area gets. Borton: Mr. Mayor? Corrie: Joe. Borton: Members of the Council, that snow removal could also be accounted for under the general maintenance of the property and premises, not unlike needing to mow the yard when the grass is long or pull the weeds, the removal of snow from the premises as well, so perhaps the language that's in there covers that contingency whenever it does arise. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Not to beat this horse to death any further, but I mean it is a park, it is ope!l, I mean I don't think it matters if it's winter, I have seen kids in there playing in the wintertime and we have one less road to remove snow on in there now, so I don't see any reason we can't get it done. So I'm satisfied. I think Council member de Weerd was correct, Joe. I think the reason we just asked this, because if your letter had previously come we probably would have been fine. So I think it's fine. Corrie: Okay. Nichols: Mr. Mayor, then, it sounds to me that what you need to do is approve the lease as it's already signed, then. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd approve the lease with the Chamber of Commerce of Meridian as presented and signed by the Chamber. McCandless: Second. Corrie: Motion has been made and seconded. Any other discussion? Borton: Mr. Mayor, Members of the Council? Corrie: Joe. Borton: Just for the record to be clear, there is $14.00 remaining on the lease. We do have a check, which we can't present until tomorrow. So we will put it in the mail. Just to let you know. Nary: Thanks for bringing it up. Meridian City Council Meeting July 2, 2002 Page 12 of 65 Corrie: Since it's coming from the attorney we will accept that. De Weerd: I'm glad you did that before we voted. Bird: Yeah. Corrie: Any other discussion? Okay. All those in favor of the motion say aye. Opposed no. All ayes. Thank you, Joe. MOTION CARRIED: ALL AYES. Item 8: Resolution No.: City of Meridian: Adoption of StrateQic Plan of the Corrie: Item NO.8 is a resolution, adoption of the Strategic Plan of the City of Meridian. Resolution No. 02-378. Okay. If you would, please, read the Resolution by title only, please. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance -- or, excuse" me, Resolution No. 02-378, a Resolution of the Mayor and City Council of the City of Meridian to provide for findings and to establish a comprehensive strategic plan for the City of Meridian providing for clear insight regarding the major challenges facing the city, providing for goals, objectives, major initiatives, and anticipated actions established by each city department and providing an effective date. Corrie: Okay. You have heard the Resolution No. 02-378 read by Title only. Is there anyone from the audience that would like to have it read it its entirety? Okay. Council, any discussion on Resolution 02-378? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I don't know. I think this resolution says a great deal as to the commitment from the City of Meridian and the elected officials to create a vision for our community and a deep commitment to public service and customer service to our public. It sets out a vision as to the direction that we would like to see this community proceed and we have great involvement of our city employees. It also identifies the key issues and challenges that are facing this community and the decision makers. So it is a first step to kind of set a direction and a vision to where we want to go and this is a real exciting opportunity to share this to the community. So I would invite anyone interested in seeing this document to certainly come by City Hall and get a better idea of some of the things that face each of our individual departments, as well as the direction that we see the city going in the next -- in the years to come. So I just -- we had great participation and it's, indeed, a pleasure to see this document come in front of us and its adoption, so -- Nary: Mr. Mayor? ----. - . ~'"""'J 33 E. Idaho Meridian, Idaho 83642 888-4433 Sv,f: 21, (q ge -+ fir) ---- Phone: t)f)~-l-8!7 ON ACCT, I MDSE. RETD'I PAID OUT I t1- ~D 3 ~ zoo~ r~ to ~ 1--- t U;'t All claims and relurned gOOds C000654 ..,l ..-.m II n A IDAHO INDEPENDENT SANK MERIOIAN OFFICE M EAIOIAN. IOAHO 83642 MERIDIAN CHAMBER OF COMMERCE P.Q, sox 7 MERIDIAN. ID. 83680 [208J888-2817 PAY TO THE Meridian City ORDER OF Fourteen and 00/100************************************** ******************************************************* \, I ! ~ j;" ~ J ,f . ~ I 1 ~ f Ie !. /. , \ ~ . \' ~l , ~ . ~. 'j r t 1 { l ) ; ) t.. 6209 92-373/1231 as 7/212002 **14.00 S Meridian City DOLLARS MEMO Balance of Lease lI'OOb 201111' I: l. 23.037321: 05000 l. l. l. SOlll June 28. 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT July 2,2002 ITEM NO. 'b REQUEST Resolution No. Meridian : Adoption of Strategic Plan of the City of AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: .;V f!ff vr~ p.t~ J; ~10 O~/ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of MeridIan. Page 1 of 1 Marlene St.George From: Sent: Tuesday, July 02, 2002 3:36 PM To: 'bergw@meridiancity.org'; 'greent@meridiancity.org'; 'smiths@meridiancity.org' Cc: Bill Nichols Subject: Strategic Plan Resolution Attached please find the Strategic Plan Resolution, which is on tonights meeting as Item 8, along with the Cert of Clerk. Additionally, a hard copy will be hand delivered within a half hour or so. Thanks, Marlene RECEIVE!) - 2 CITY OF MERIDIAN CITV r:lI=RK nf=f:"frr:: 7/2/2002 RESOLUTION NO. () 2 --37 e BY: 'M /11111 ij tie t{)ee/r~ v A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR FINDINGS AND TO ESTABLISH A COMPREHENSIVE STRATEGIC PLAN FOR THE CITY OF MERIDIAN; PROVIDING FOR CLEAR INSIGHT REGARDING THE MAJOR CHALLENGES FACING THE CITY; PROVIDING FOR GOALS, OBJECTIVES, MAJOR INITIATIVES, AND ANTICIPATED ACTIONS ESTABLISHED BY EACH CITY DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority [pursuant to LC. S 50~302] to establish resolutions not inconsistent with the laws of the state ofIdaho as may be expedient, in addition to the special powers in this act granted, to maintain the peace, good govemment and welfare of the corporation and its trade, commerce and industry. WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to establish a comprehensive strategic plan for the City of Meridian and its citizens, and the City of Meridian acknowledges that the City's govemment has entered into a new phase of its development, one that is based on technical innovation, broader community partnerships, and an even deeper commitment to public service. The City of Meridian will remain a leader in not only providing quality services, but also in planning for the best possible future for its citizens. WHEREAS, the comprehensive strategic plan will help each department and elected official to identify key issues and challenges each department is now or will be facing in the future. Each department is dedicated to performance and all elected to identify the significant outcomes that can address important issues during the next several years. WHEREAS, the Mayor and Council have deemed it expedient to establish a comprehensive plan for the City of Meridian and its citizens, and said comprehensive strategic plan would provide the City a deep commitment to financial accountability, exceptional quality, consistent performance, and meaningful contributions to the entire Meridian community. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. The Mayor and City Council hereby adopt the City of Meridian Comprehensive Strategic Plan dated Spring 2002, and which complete plan is on file in the City of Meridian City Clerk's office. RESOLUTION FOR COMPREHENSIVE STRATEGIC PLAN FOR THE CITY OF MERIDIAN 1 SECTION 2: EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2 fI.!. day of J'uL!;f ,2002. 2N1> APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this -- day of cTu.E':J- ~2002 . 1i-{) ~; .M'ayo Robert D. Corrie ATTEST: \\\\llll1tllfJl \\\ II, ",,\\ "{ Of MEIYI/.'IIII " 0 V/ I". .f (j o?POR '1-z.,. ~/ , ..,0 /j~ ~ 2 ~ 0 ~ - - - ~ ::: SEAL ~ 7e: f:)CIJ ~ ~?: Qv ...qj S % (:)-1 Sf 1S\ . :J::.O .f 'l a ~~ ~ --"'/Ii;, OU,\rr:'< . ~ \\\"" z:\ Work\M\Mcridian\Mcl'idian 15360 M\Rcsol u lions City Ha1l\206i~R:csQ9Ir!p$TR~ TEG I CPlan070202 .doc RESOLUTION FOR COMPREHENSIVE STRATEGIC PLAN FOR THE CITY OF MERIDIAN 2 CERTIFICA TE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby cetiify: 1. That I am the duly appointed and elected Clerk ofthe City of Meridian, a duly incorporated City operating under the laws of the State ofIdaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk ofthis City, I am the custodian of its records and minutes and do hereby certify that on the 2 rV.2. day of d ~ ' 2002, the following action has been taken and authorized. A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR FINDINGS AND TO ESTABLISH A COMPREHENSIVE STRATEGIC PLAN FOR THE CITY OF MERIDIAN; PROVIDING FOR CLEAR INSIGHT REGARDING THE MAJOR CHALLENGES FACING THE CITY; PROVIDING FOR GOALS, OBJECTIVES, MAJOR INITIATIVES, AND ANTICIPATED ACTIONS ESTABLISHED BY EACH CITY DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority [pursuant to I.c. S 50-302] to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers in this act granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry. WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to establish a comprehensive strategic plan for the City of Meridian and its citizens, and the City of Meridian acknowledges that the City's government has entered into a new phase of its development, one that is based on technical innovation, broader community partnerships, and an even deeper commitment to public service. The City of Meridian will remain a leader in not only providing quality services, but also in planning for the best possible future for its citizens. WHEREAS, the comprehensive strategic plan will help each department and elected official to identify key issues and challenges each department is now or will be facing in the future. Each department is dedicated to performance and all elected to identify the significant outcomes that can address important issues during the next several years. WHEREAS, the Mayor and Council have deemed it expedient to establish a comprehensive plan for the City of Meridian and its citizens, and said comprehensive strategic plan would provide the City a deep commitment to financial accountability, exceptional quality, consistent performance, and meaningful contributions to the entire Meridian community. CERTIFICATE OF CLERK - COMPREHENSIVE STRATEGIC PLAN FOR THE CITY OF MERIDIAN NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. The Mayor and City Council hereby adopt the City of Meridian Comprehensive Strategic Plan dated Spring 2002, and which complete plan is on file in the City of Meridian City Clerk's office. SECTION 2: EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. STATE OF IDAHO, ) : ss: County of Ada ) IJ If\d .,- r. ~ ) On this p day of s-l,c,v..6- ' 2002, before me, ~ CJVY\, ~"\..e~ ~ , a Notary Public, appeared WILLIAM G. BERG. JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) "mlllllrQ'Q ...ON S l1tiJ~ ~. ~~--__}.L;~~ v,.... ::.:"V .. ~. /,~OT~;..,O~e. "'Co L ....,~ .q-o \:'f"'~ II I , I!I. J3 I III .. , III 111 \ ' Jg \II , III . l Q f>.+c;k"~1C:..~... · <;!iii OF TSJ '3> + + liI_lIl!1lCn" SvtCJL uYl ~~ Notaty Public for Idaho Residence: Aolo..- tD(Nv~~ ,J) 0 Lovt-vo Commission Expires: i..{ - 2 - 0 S Z:\ W ork\M\Mcrid ian\Mcrid ian 1 5360M\Rcsolutions City Ha 1l\2002\CERTofCLKRESOLUTIONComSlratcgicPlan070202.doc CERTIFICATE OF CLERK - COMPREHENSIVE STRATEGIC PLAN FOR THE CITY OF MERIDIAN 2 RESOLUTION NO. tl Z --378 BY: oM ffl In "/ tie it)! e h:-0 v A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR FINDINGS AND TO ESTABLISH A COMPREHENSIVE STRATEGIC PLAN FOR THE CITY OF MERIDIAN; PROVIDING FOR CLEAR INSIGHT REGARDING THE MAJOR CHALLENGES FACING THE CITY; PROVIDING FOR GOALS, OBJECTIVES, MAJOR INITIATIVES, AND ANTICIPATED ACTIONS ESTABLISHED BY EACH CITY DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. "VHEREAS, the Mayor and Council have the authority [pursuant to LC. S 50-302] to establish resolutions not inconsistent with the laws of the state ofIdaho as may be expedient, in addition to the special powers in this act granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry. WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to establish a comprehensive strategic plan for the City of Meridian and its citizens, and the City of Meridian acknowledges that the City's government has entered into a new phase of its development, one that is based on technical innovation, broader community partnerships, and an even deeper commitment to public service. The City of Meridian will remain a leader in not only providing quality services, but also in planning for the best possible future for its citizens. .WHEREAS, the comprehensive strategic plan will help each department and elected official to identify key issues and challenges each department is now or will be facing in the future. Each department is dedicated to performance and all elected to identify the significant outcomes that can address important issues during the next several years. WHEREAS, the Mayor and Council have deemed it expedient to establish a comprehensive plan for the City of Meridian and its citizens, and said comprehensive strategic plan would provide the City a deep commitment to financial accountability, exceptional quality, consistent performance, and meaningful contributions to the entire Meridian community. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. The Mayor and City Council hereby adopt the City of Meridian Comprehensive Strategic Plan dated Spring 2002, and which complete plan is on file in the City of Meridian City Clerk's office. RESOLUTION FOR COMPREHENSIVE STRATEGIC PLAN FOR THE CITY OF MERIDIAN SECTION 2: EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approvaL PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2 rV.3 day of ~d &1-. , 2002. .;/ 2NtJ APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this - day of <::Ttd;j~ ~2002 , ti-I) lvYayo Robert D. Corrie ~1 ATTEST: ~ ~ ~ Qv ,05 g ~ ~ \5', 15\ . .f .$ ~.... C. ~~ ,,':::- ..../// Oll~ IT"" \'v "" I' ~. .. ~ 1. \' Z:I W 0 rk\M\l\.leridia nlMeridian 15360 M\ResoJ u tio ns City H alJ\200iXResCQ I11P$TR'lt \fEG I CPJan070202.doc RESOLUTION FOR COMPREHENSIVE STRA TEGIe PLAN FOR THE CITY OF MERIDIAN 2 ( NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. The Mayor and City Council hereby adopt the City of Meridian Comprehensive Strategic Plan dated Spring 2002, and which complete plan is on file in the City of Meridian City Clerk's office. SECTION 2: EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. - .. "- .. STATE OF IDAHO, ) : ss: County of Ada ) On this Z net day of - 1=<<-LLt? ' 2002, before me, Sh CU\.NI. ~V\...:. =tr:= , a Notary Public, appeared WILLIAM G. BERG. JR.,-known or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) ........ .....ON S .... ...~~-----~. ..~~OT~;\O~. "Co I ~- 'or- \....... . I \ iii . ( . . I III . \ ' II . I lIII . , .- .... _,...... .b.~"lC~' .. . u-, .....-:._ U1:fi-,);.,' . ..<:t.;.;,----~ .+ ".:<.cQFIP.. .......... SvtCvlL uYl (~~ -t~ Notary Public for Idaho Residence: Arlc<... (2[)UY~ ,J)olcrvh.-o Commission Expires: '4 - 2 - oS Z:\ Work\M\Mcridian\Meridian I 5360M\Resolutions City Hall\2002\CER To fCLKRESOLUTlONComStrategic P lan070202 ,doc CERTIFICATE OF CLERK - COMPREHENSIVE STRATEGIC PLAN FOR THE CITY OF MERIDIAN 2 CERTIFICA TE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That 1 am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the 2. tlI~ day of or- ~ ' 2002, the following action has been taken and authorized. A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR FINDINGS AND TO ESTABLISH A COMPREHENSIVE STRATEGIC PLAN FOR THE CITY OF MERIDIAN; PROVIDING FOR CLEAR INSIGHT REGARDING THE lVIAJOR CHALLENGES FACING THE CITY; PROVIDING FOR GOALS, OBJECTIVES, MAJOR INITIA TIVES, AND ANTICIPATED ACTIONS ESTABLISHED BY EACH CITY DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. 'WHEREAS, the Mayor and Council have the authority [pursuant to I.C. ~ 50-302] to establish resolutions not inconsistent with the laws of the state ofIdaho as may be expedient, in addition to the special powers in this act granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry. 'WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to establish a comprehensive strategic plan for the City of Meridian and its citizens, and the City of Meridian acknowledges that the City's government has entered into a new phase of its development, one that is based on technical innovation, broader community partnerships, and an even deeper commitment to public service. The City of Meridian will remain a leader in not only providing quality services, but also in planning for the best possible future for its citizens. WHEREAS, the comprehensive strategic plan will help each department and elected official to identify key issues and challenges each department is now or will be facing in the future. Each department is dedicated to performance and all elected to identify the significant outcomes that can address important issues during the next several years. WHEREAS, the Mayor and Council have deemed it expedient to establish a comprehensive plan for the City of Meridian and its citizens, and said comprehensive strategic plan would provide the City a deep commitment to financial accountability, exceptional quality, consistent perfonnance, and meaningful contributions to the entire Meridian community. CERTlFICA TE OF CLERK - COMPREHENSIVE STRA TEGIC PLAN FOR THE CITY OF MERrDIAN NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. The Mayor and City Council hereby adopt the City of Meridian Comprehensive Strategic Plan dated Spring 2002, and which complete plan is on file in the City of Meridian City Clerk's office. SECTION 2: EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. STATE OF IDAHO, ) : ss: County of Ada ) n r\cl ' - On this .L.-> day of ~--U-LL~ ,2002, before me, ~h CLiLJY\ ~'--~ ~ , a Notary Public, appeared WILLIAM G. BERG. JR.,-known or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) .......... ..:$9~N~~~. .~~,{OT~;\C:~. ..~ I '""Y ..,... \'~.. /If I \ so '" I · . . ~ . \ . If .. I " .. , " .. d1'.....!:Pm..tC..~~.- .... ~;;.._~_..~... +.:<.uQFiP.. ....... SvtCvIL UY) tSvn~ t~ Notary Public for Idaho Residence: Ad.c<.- CD('<-Y-ct..~ .J)oLt'V~o Commission Expires: L.f. - 2 - C) ~ Z:\ Work\M\Mcridi an\Meridian I 5360M\Resolutions Ci ly H a1l\2002\CER TofeL KRESOL unONComS trutegicPlan070202.doc CERTlFICA TE OF CLERK - COMPREHENSIVE STRATEGIC PLAN FOR THE CITY OF MERIDIAN 2 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PRIMELAND DEVELOPMENT FOR APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO.2, LOCATED EAST OF NORTH TEN MILE ROAD AND SOUTH OF WEST McMILLAN ROAD, MERIDIAN, IDAHO C/C 07/02/02 ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-02-008 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code 9 12-3-7 on July 2, 2002, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Brad Hawkins-Clark, Planner for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, listing 9 General Requirements and 21 Site Specific Requirements, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, and Becky Bowcutt, commented at the hearing, 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 "BRIDGETOWER CROSSING SUBDIVISION NO. 21t as evidenced in Plat bearing: "PLAT OF BRIDGETOWER CROSSING ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO.2 I (FP-02-008) . I SUBDIVISION NO.2, A PORTION OF THE WEST 12 OF SECTION 35 TAN., R. 1 W., RM., ADA COUNTY, IDAHO 2002, SHEET 1 OF 3, HANDWRITTEN DATE: 5/29/02,#10702 \10702-PLT.DWG BKE OS/29/02, BRIGGS ENGINEERING, INC., CONSULTING ENGINEERS, PRIMELAND DEVELOPMENT CO., LLP, DEVELOPER", Primeland Development, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Brad Hawkins-Clark, Planner for the Planning and Zoning Department, dated June 26, 2002, listing 9 General Requirements and 21 Site Specific Requirements, a true and COlTect copy of which is attached hereto marked Exhibit "A", and consisting of five pages, and by this reference incorporated herein, also attached hereto is Becky Bowcutt's response letter to the staff comments dated July 2, 2002 and marked as Exhibit "B", and consisting of three pages, and the additional requirements are required as follows, to~wit: 1. I As noted on the staff comments attached hereto as Exhibit "A" and consisting of five pages, and as noted on Becky Bowcutt's response letter dated July 2, 2002, and consisting of three pages, and in particular to clarify Site Specific Requirements numbers 11, 14 and 15, they shall now read as follows: Number 11 shall now read as follows: 11. The final plat includes a landscape lot which connects the Ten Mile Road portion with a cul-de~sac adjoining Bridgetower Crossing Subdivision No. 1. The creation of this lot allows the development to be contiguous with the previous phases. If a phase is not contiguous with a previous phase the Ada County engineer ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRlDGETOWER CROSSING SUBDIVISION NO.2 / (FP-02-008) - 2 ( will require a new subdivision name for the non-contiguous phase. Therefore, it is our intent not to improve this landscape lot (Lot 12, Block 5) until the collector road which adjoins it is platted and constructed. We believe this will be accomplished with Bridgetower Crossing Subdivision No.3. At that time the landscape lot will be re-platted into different landscape lots along the collector as shown on the approved preliminary plat. Number 14 shall now read as follows: 14. The final plat as drawn only shows a dedication of 40-feet of right- of-way on Ten Mile, and this is approved as long as the applicant provides a detached sidewalk. Number 15 shall now read as follows: 15. Revise note 19 to require that all rear setbacks for Lots 1-4, Block 6 and Lot 3, Block 10 shall be measured from the cross access easement line, not the east property line. 1.2 The Central District Health Department requires after written approval from the appropriate 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 central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1.2.1 State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 1.2.2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 1.3 The Meridian Fire Department requires the following: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO.2 I (FP-02-008) - 3 1.3.1 That a fire-flow of 1,000 gallons per minute shall be available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1.3.2 Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 1.3.3 Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 1.3.4 Final approval ofthe fire hydrant locations shall be by the Meridian Fire Depaliment. 1.3.5 All radii shall be 28' inside and 48' outside radius. 1.3.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Unifonn Fire Code. 1.3.7 The roadways shall be built to Ada County Highway Standards. 1.3.8 Any roadway greater than 150' in length that is not provided with an outlet shall be required to have a tU111 around. 1.3.9 It is requested that a 20' wide unobstructed road be maintained on the two drive isles on W. Deselibreeze Ave. shall be maintained at all times as a method of providing 2 means of access to the proposed project. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City=s requirements shall be signed only at such time as: I. The Plat dimensions are approved by the City Engineer; and 2. 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 improvements. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO.2 I (FP-02-008) - 4 By action of the City Council at its regular meeting held on July 2, 2002. By: ~iJ.~ ROB T D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attomey. BY~~-,k~ ~ City Clerk Dated: ?//(.r-tJZ- Z:\Work\M\Mcridian\Meridian I 5360M\Bridgctower Crossing Sub No.2 FP02-008\OrderI'P.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO. 2/ (FP-02-008) - 5 ~IA YOR Robert. D. Corrie HUB OF TRE4SURE r<-ILLEY A Good Place to Live LEGAL DEPA.RThIE!\T (208) 288-2499 . Fax 288-2501 CITY COUNCfL ME1>.lBERS William L.M. Nary Keith Bird Tammy deWeerd Ch.:rie McCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 ('208) 888-4433, FA.'< ('208) 887-4813 City Clerk Office Fax (208) 888-1218 Pl'BLfC WORKS BUfLDING DEPARTIvIENT (208) 887.2211 . Fax 887-1297 PLAJ"\.lN1NG A.l'ID ZONING DEPARThIENl (208) 884-5533 ' FA..\" 888-6854 MEMORANDUM: Bruce Freckleton, Engineering Tech III Brad Hawkins-Clark, Planner ~\.\L ~ RE dlifiVED To: Mayor & City Council From: " I \j' '1 7 200'" J l..... L t. Re: CITY OF MERIDIAN CITY Cl FRK ()r:~lCF Request for a Final Plat Approval of Bridgetower Crossing Subdivision No.2 - 58 Single-family Building Lots, 5 Office Lots, and 10 Other Lots on 38.65 Acres in an R-4 Zone (with PUD) by Primeland Development Co., LLP (File# FP-02-008) We have reviewed this submittal and offer the following comments~ as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The majority of the property included in this phase of Bridgetower Crossing is located along the Ten Mile Road frontage, north and east of the half-mile line between Ustick and McMillan Roads. This phase of the project includes both office and residential buildable lots. Approximately 900 feet of W. BelItower Drive, the principal residential collector serving the development off of Ten Mile Road, is also proposed to be constructed within this phase. In additio~ a 20,000+ sq. ft. City well lot is to be platted within Phase 2. Another portion of the proposed phase is located adjacent to Bridgetower Crossing No.1 subdivision, closer to Ustick Road. The property is located in an area designated as Single-family Residential in the Comprehensive Plan. GENERAL COMMENTS & DISCUSSION · To comply with Ordinance 12-3-6.C, the requirement for subdivision phasing to be t'successive and contiguous," the Applicant is proposing to connect the existing Phase 1 of Bridgetower Crossing (at the south end of the development) with the subject Phase 2 via a half-mile long common landscape lot. The lot configuration complies with the approved Preliminary Plat and the phase numbers are successive and contiguous. The only aspect of the proposed common lot that does not conform to the Preliminary Plat is the lotting and block pattern. The lot was separated into five different blocks in the Preliminary Plat and is proposed to be a single lot herein. According to the Ada County Engineer, in order to use the 'tBridgetower Crossing" subdivision name with the proposed phase, it must be contiguous to the previously approved phase. ' FP-02-008 Bridgetower Crossing Sub, No.2 The Applicant did contact both the P&Z Department Staff and the Ada County Engineer's office prior to application submittal to explore all options an,d confirm the design of such an unusual lot. While all future Bridgetower Crossing phases adjacent to the west and south ofthis lot will be required to be re-subdivisions of the common lot, easement vacations will not be ,~ " ., I () Mayor and Council June 26. 2002 Page 2 necessary. So, while somewhat cumbersome, Staff is supporting the design of this lot and subdivision phase. It appears to be the only method of complying with Ordinance 12-3-6.C. and does not violate any other ordinance provisions. . In addition, the Applicant is seeking three exceptions from the approved Bridgetower Crossing Preliminary Plat (see #4 of Statements of Compliance in application form) : a. Replace the 35-foot Ten Mile landscape common lot with a 35-foot landscape easement for the office lots. City Council has supported similar modifications in past commerciaVoffice subdivisions and Staff does not foresee any issues with this change. b. Addition of a new City well lot immediately south of the White Drain common lot. The location and size complies with the Preliminary Plat requirement. c. Applicant is proposing not to landscape any of Lot 12, Block 5, the half-mile common lot connecting Phase 1 and 2. (See #11 below.) . The proposed Final Plat is in substantial conformance with the approved Preliminary Plat. Two (2) residential building lots have been removed from Block 6 (offCecina Ct. and Capriana Dr.) and one (1) lot has been removed from Block 7 (offDesertbreeze Pl.). No lots have been added. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved preliminary plat, conditional use permit and development agreement. 2. The Developer shall be responsible for payment of water assessment fees for any common areas proposing to use City water as a backup irrigation source. Applicant has indicated the Creason Lateral will be used as the primary source, with Five Mile Creek providing the backup source of water. 3. Street signs are to be in place, water system shall be approved 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 shall be installed and approved prior to obtaining certificates of occupancy. 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 fmal plat. 4. Add radius dimension to the W. Tubac Court cul-de-sac. 5. Sanitary sewer service to this site shall be via extensions from existing mains installed adjacent to, the proposed subdivision, and from the new White Drain Trunk Sewer. Water service to this site shall be via extensions from existing mains installed adjacent to the proposed subdivision, as well as from a new city well being planned within this development. Applicant will be responsible to construct the sewer and water mains to, and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to, be provided to keep the sewer lines on the south and west sides of the FP-02-008 Bridgetower Crossing Sub. No.2 ,tJ.Y 1:1 " / Mayor and Council June 26, 2002 Page 3 cente~line. 6. Underground pressurized irrigation must be provided to all landscape areas on site. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District, If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approvaL 7. The soils investigation report submitted with the application indic,",tes that groundwater was encountered at some fairly shallow depths within the project site. Design engineer to provide a statement of compliance, prior to the approval of development plans, that certifies that the centerline fmish grade of the streets, public or private, is at least three feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least one foot above the high groundwater. 8, As a condition of the Final Plat, Applicant shall be required to construct open-vision fencing or four-foot-high solid fencing (max.) along both sides of the two micro path lots in Lot 5, Block 6 and Lot 21, Block 5. The 6-foot semi-privacy fence depicted on Sheet LS-2 for these two micropath lots does not comply with this condition of the Preliminary Plat or with Ordinance 12-13-15-9 and is not approved, Applicant shall either comply by removing the 2-foot lattice shown on diagram #5 and construct only the 4-foot fence as shown or submit new fencing details for this fence type. The developer shall place a deed restriction on Lots 11 and 12, Block 6 and on Lots 20 and 22, Block 5 to prohibit the construction of any solid fencing on these building lots higher than four feet on the sides adjacent to the micropath lots A 6-foot permanent, perimeter fence must be constructed along the west boundaries of Lots 2, 7 and 8, Block 5 and along the north side of the Creason Lateral lot (Lot 2). All other fencing is approved as proposed on Sheet LS-l and LS-2, dated 5/22/02. The 6-foot perimeter fencing along the south boundary and along the west boundary of Lots 2, 7 and 8, Block 5 must be constructed prior to issuance of any building permits. All other fencing must be constructed prior to issuance of any C.O.s. 9. Applicant shall address with City Council Preliminary Plat condition #4.d. (pg. 7 of Order) regarding provision of bike lanes on BeIltower Drive and shall provide evidence of coordination with ACHD. 10. Applicant shall comply with Preliminary Plat condition #5.d. (pg. 9 of Order) regarding addition of a pathway in Lot 5, Block 6 from the micro path north, connecting with the pathway shown south ofBelltower Drive. Submit a revised Sheet LS-l that complies with this condition. 11. The Planting Plan (Sheet LS-l, dated 5/22/02 by Harvest Design) is approved as submitted, with the two fencing exceptions noted in #8 above. However, the City Council needs to FP-02-008 Bridgetower Crossing Su b. No.2 . /f II " , / 17. 19. 20. 21. Mayor and Council June 26, 2002 Page 4 approve the exception to landscaping Lot 12, Block 5 (the long common lot), which is a standard Final Plat requirement. The Applicant is proposing to not improve any of this lot until N. Towerbridge Way is extended north. This is to prevent damage to the landscaping during construction of the adjacent collector street. Applicant shall address this exception during the City Council meeting. 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. 12. Applicant shall be required to tile the Creason Lateral, which was left open until such time as this property is developed. 13. Graphically depict and call-out the 20-foot wide City of Meridian water main easement extending from the well lot to Ten Mile Road as shown on sheet S-l of the construction plans. CY!~ ' lJl~iBJ-I;~.;)J,t Lct:~'j~y ~P2J'~~~FM~Oy~ 01 40-te~~f-~y ~~Mil~ ~oa~~~~~/1k -Pitf~p~ d1e1Jh1ftdTgrect=:Jr-8=teerJOlt-ag1J.V~~-reqU1feQ-bythe7\~otlllt}4tig'nW~-:r'~~~. EHstriet. Revise note 19 to require that all rear setbacks for Lots 1-4. BIockfand Lot 3, Block 10 shall be measured from the cross access easement line, not the east property line, 14. 15. 16. Add the recording instrument number ofthe development agreement in plat note 11. Add the City of Meridian to note 13. 18. Complete the Certificate of Owners and accompanying Acknowledgment. Add details as to the maintenance responsibility for the lots called out in notes 16 and 17. The call-out for Curve C-7 in the legal description of the Certificate of Owners erroneously states that it ends at a point of reverse curvature, when in fact it ends at a point of tangency. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS I. All irrigatiort ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. II FP.Q2.Q08 Bridgclowcr Crossing Sub. No.2 /1 " / Mayor and Council June 26, 2002 Page 5 2. Any existing domestic wells and/or septic systems within this 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 landscape irrigation. 3. Two-hundred-fifty- and 100-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. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all lots receiving engineered backfill. 5. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 6. Sewer and water mains shall be extended to and through the proposed development. 7. App licant' s engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 8. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 9. Provide five-foot-wide sidewalks in accordance with City Ordinance Section l2-5-2.K. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures. FP-02'{)08 Bridgelower Crossing Su b. No.2 ,.~ " " --- --_ -r'-'''''''...... t '-" .........."-'U _ 60""'-' "." I' A...~' ~ I . [".11.1." 1;.Ii..... BECKY BOWCUTT PLANNmG SERVICES i d..". ':.,.it,.1 i .F",' ". l'.: 1:-' ~";:. ,II ,';: : I , : "1. ,~ , I :.~. '1'..;,", ~ July 2. 2002 City 01 Meridian. At1D: Meridian City Council 33 East Idaho Meridian. Idaho 83642 RE: Bridgetower Crossing Subdivision No, 2 (Final Plat) SITE SPECIFIC REOUIREMENTS 1. Tho applicant is in agreement. 2. The Elridgetowcr De\(Blopll1ent is divided between two irrigation districts (Nampa-Mcridiau Irrigation District and Settlers Irrigation District), The scrutbem portion ofthe pr~icct is served by Nampa..Mcridian. A pump station was installed with Bridgetowar Subdivision No, 1 utilizing water from the Creason Lateral. This PUlnp strtion also sorvicos Bridgetower Crossing Subdivision No. 1 and will provide pressW'C irrigation to block 5 of Bridgetowcr CroSSillg Subdivision No.2, The Ten Mile portion of BridgQtowcr Crossing No, 2 will have a soparate pump statiml with water provided by Settlers Irrigation District tronl the Settler's Canal. An ex.isting large irrigation well will be utilized as a secondary source ofwilter, 3, The applicant will comply. 4, The fmal plat will be modified nccordingly. 5. Sanitary sewer for block.$ will be provided by the Five Mile C1"(x~k Sewer Main Line. The rema.inder of the project will connect to the White Drain Tttlnk Sewer. 6, TIle pressure irrigation system wiU he owned and maintained by the Bridgetowor Crossing Homeowner's Association. 1'h(: applicant will comply with the rcquiremelltS of the City of Meridian. 7. The applicant wiJ] comply, 8, The applicant wilt comply. 9. Ada County Higbway District is not opposed to the bike lanes on BeUtower Drive, I spoke with Andr~ today and discQssed the ~aue. The applicant win stripe (2) four foot bike lanes along each side of the collcaor. ,. /),,-/ " I, / 3 JU~ 02 'e2 14:23 20893964~1 PAGE.l32 --- --- -................. ....... .--l-I\,.,M _ ....i-~ n.....1 t H,...~"t L r..~"" t:.I..J Hi. A micro-path was provided between lot lland lot 12 of block 6. The pathway will c:onnect to the drtveway running north and south along the east side of the office lots. The applicant is not clear concmmg staffs request. I ]. The fiual plat includes a landscape lot which cOnl1cCtS 'he 'ten Mile Road portion witb a cu1- dc-sac adjoining Bridgetower Crossing Subdivision No, ], The creation of this lot allOVl'S the development to be contiguous with the previolls phases. If a pllase is not contiguous with a. plf;lvious phase the Ada County engi1lcer will. require a new subdivision name for tho non. contiguous phase, Therefore, it is our intent not to improve this landscape lot (lot 12, block 5) until the eoUector road which adjoins it is platted and consl:ruc1ed. We believe this will be accomplished with Bridgetower Crossing Subdivision No.3. At that time the landscape lot will be re-platted into different landscape lots along the collector as shown on the approved preliminary plat. 12. The Creason Latera] was piped along the south boundary of block 5 in March of 2002. 13. The applicant will modify the plataccordi~gly. 14. Ada County Highway District has informed me that ooly 40 feet of right-of-way is required if the sidewalk along Ten Mile Road is cons.tnwted outside the right-of-wa.y in. the private:: landscape buffer. ACHD bellevcs this w1lJ reduce their cost for additio.nal right-of-way acquisition. [ modified my plat and plans to comply with their request. ]5. The applicant will comply with the condition. However, the referel\ce to block (5) is incorrect; the condition should read block 6. 16. The applicant will ~ly. 17.The applicant will modify the plat accordingly. 18. l'hc applicant will comply. 19. The applicant will comply. 20, The applicant will modify the plat accordingly, 21. Under$l:ood. GENERAL lW.OUlREMENTS 1, The applicant wm comply. 2. The applicant will comply. 3, The applicant will comply. JUL 132 '132 14: 24 ; b,'/ 'e 8' 2E'18~3964i::'J1 PRCiE.e3 --- --- """T'-"'_ ....... ;a.........~ _ _......, ft...., J tL-J.... ~ '"'.. t:J~ ""'....J 4. lfapplicable. the appllqant wjfl comply. 5, The applicant. will comply. 6, Undcrstuod. 7, The applicant will comply. 8. The applicant will comply, 9. The applicant will comply. Sincerely, &~ !J,wbMV- Becky.Bowcull E ; b..~ It JUL ea '02 14:24 ,. t).p 3 2eB9396401 PAt:it::.12l4 ** TOTAL PAGE.B3 ** BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICA TION OF THE SUNDANCE COMPANY FOR APPROVAL OF FINAL PLAT FOR SIL VERSTONE SUBDIVISION PHASE 2, LOCA TED AT THE SOUTHEAST CORNER OF SOUTH EAGLE ROAD AND EAST OVERLAND ROAD, MERIDIAN, IDAHO C/C 07/02/02 ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-02-007 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on July 2,2002, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from David McKinnon, Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, listing 6 General Comments and 17 Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, and Cornell Larsen, commented at the hearing, and the Council having considered the requiremynts of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "SILVERSTONE SUBDIVISION PHASE-2i1 as evidenced in Plat bearing: "SILVERSTONE SUBDIVISION PHASE-2, A RESUBDIVISION OF LOT 9 BLOCK 2, AND LOT 1 BLOCK 11 SILVERSTONE SUBDIVISION, ORDER OF CONDITlONAL APPROVAL OF FINAL PLAT FOR SILVERSTONE SUBDIVISION PHASE 2 1 (FP-02-007) - 1 LOCATED IN THE W Y2 OF THE NORTHWEST ~ AND A PORTION OF THE NORTHWEST ~ OF THE SOUTHWEST ~ OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2002, PLAT-SHI dwg 5202 44018, HANDWRITTEN DATE: 5-21-02, SHEET 1 OF 2, QUADRANT CONSUL TING, INC.,", The Sundance Company, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and David McKinnon, Planner II for the Planning and Zoning Department, dated June 24, 2002, listing 6 General Comments and 17 Comments, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, with the additional requirements as follows, to-wit: 1,1 The Central District Health Department requires after written approval from the appropriate 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 Depmiment of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1.1,1 State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SILVERSTONE SUBDIVISION PHASE 2 1 (FP-02-007) - 2 1.1.2 Stonnwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000, 1.2 The Meridian Fire Department requires the following: 1.2.1 That a fire-flow as required by the Uniform Fire Code shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1.2.2 Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 1.2.3 Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 1.2.4 Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 1.2.5 All radii shall be 28' inside and 48' outside radius, 1.2.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 ofthe Uniform Fire Code. 1.2.7 The roadways shall be built to Ada County Highway Standards. 1.2.8 Block 11 Lot 5 may require a second point of access, depending on the site layout of the building. Notation is hereby given that the applicant has two accesses planned in the road improvements, One shall be on the west boundary and the other one would be on the east boundary. 1.3 Outside the platting process, a tumaround shall be constructed at the end of Copper Point, as this shall allow that tU111around to be eliminated at a future time when the property and roadway are extended to the east. 2, The final plat upon which there is contained the Celiification 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 Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SILVERSTONE SUBDIVISION PHASE 2/ (FP-02-007) - 3 guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regular meeting held on July 2, 2002, BY:~~'~ RO RT D:-CO . IE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attomey. BJ~~~ City Clerk " Dated: -- 11...- tJ Z- Z:\Work\M\Mcridian\Mcridian I 5360M\Silverslone Sub Phase JlI'P02-007\Ordcrf'P.doe ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SlL VERSTONE SUBDlVISION PHASE 2/ (FP-02-007) - 4 MAYOR Robert D. Come HUB OF TRE.:J.S[jRE v~.:J.LLEY A Good Place to Live LEGAL DEPARThIENT (208) 288-2499 ,Fax 288-250 I CITY COUNCIL MEMBERS Tammy deW~rd Keith Bird Cherie McC;l.I1dl<lSS William LM. Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 838-4433 . FA:\: (208) 887-4813 City Clerk Otl1ce Fax (208) 888-4218 PUBLIC WORKS BUlLDlNG DEPARTMENT (208) 893-5500' Fax 387.1297 PLAJ'JNlNG AND ZONING DEPARThlENT (Z08) 884-5533 . FA..'C 888-6854 MEMORANDUM: To: Mayor & City Council Bruce Freckleton, Assistant to City Enginee~ David McKinnon, Planner II jJA June 24;-2.p~D RECEl V ~ From: JU~l 2 7 2002 Re: CITY OF MERIDIAN CITY r.l I=Rk' (lCClrF Request for a Final Plat Approval of Silverstone Corporate Center Phase II, Consisting of 14 Building Lots on 20.95 Acres in a C-G and C-C Zone by the Sundance Company (File #FP-02-007). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCA TION & SURROUNDING USES This fmal plat request is for a re-subdivision of part of Lot 9, Block 2 and Lot 1, Block 11 of Silverstone Subdivision and land preliminarily platted as Silverstone Phase 2. The subject property is located approximately ~ a mile south Overland on the east side of Eagle Road. The Ridenbaugh Canal borders the south side of the subdivision. The parcels created within this subdivision are zoned C-C and C-G. The 80+ acres to the west (EI Dorado) has been approved for development in a manner similar to the Silverstone development. The property to the east is currently within the County, zoned RUT and is designated as Single Family Residential and Mixed Planned Development on the Meridian Comprehensive Plan's Generalized Land Use Map. An ACHD park and ride lot is located north of the subject property; on the north side of Overland, as well as vacant commercially zoned land. Just south of the Ridenbaugh Canal is the proposed Sutherland farms mixed-use project. COMMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage jurisdiction, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. FP.02'{]07 Silverstone Corporate Center II, FP.doc ;b;~ " - I Mayor and Council June 24, 2002 Page 2 2. Applicant has indicated that the pressurized irrigation system within this development is to remain private. The applicant shall be required to provide a backup source to the pressurized irrigation system. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 3. Compaction test results must be submitted to the Meridian Building Department for all building lots receiving engineered backfill. 4. The design of drainage areas shall ensure that water is retained only during 25-year storm events for a period oftime not to exceed 24 hours, 5. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, and road base approved by the Ada County Highway District prior to applying for additional building permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 11 0% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 6. All landscaping shall be installed as depicted on the previously approved landscape plan. 7. Sanitary sewer service to this site will be from an extension of the Five Mile Trunk. The applicant will be responsible to construct lateral sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. The Public Works Department has made major concessions by allowing modifications from the Sewer Master Plan, by permitting the sewer to be placed inside the development instead of in or along Eagle Road. Sewer mains will not be allowed within landscape areas, beneath landscape islands, and manholes will not be allowed in parking and loading areas. 8. The applicant shall be subject to latecomers fees reimbursing the parties responsible for the extension of sanitary sewer under the interstate. Payment of the latecomer's fee is required prior to signature on the final plat map by the City Engineer. 9. Water service to this site will be from an extension of existing water mains in Overland and Eagle Roads, as well as from a new City well currently under construction in Silverstone Subdivision. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 10. App licant' s engineer will be required to submit a signed, stamped statement certifYing that all street finish centerline elevations are set a minimum of three-feet above the highest established normal groundwater elevation, FI'-02-007 Silverstone Corporale Center 1I.fP.Doc 'U;b.'1 I, e. Mayor and Council June 24, 2002 Page 3 11. Submit copies of proposed restrictive covenants and deed restrictions for review by the City Attorney's office, 12. Please add or revise the following plat notes: (3.) Adjacent to all right-of-way lines is are hereby designated as having a ten (10) foot... (10.) This Subdivision is subject to all requirements of the approved conditional use permit CUP-OJ-002 Dated July 17,2001. 13. Reduce line weight on south side of the portion of public right-of-way off the east end E. Copper Point Drive. Correct the typo in the "IINST" number citation. 14. Dimension the width, and radius of the bulb, ofS. Titanium Place. 15. Change the symbol of the pin marking the southeast comer of Lot 11, Block 2 to a 'l2" rebar. 16. Applicant shall provide a temporary turn-around at the end ofE. Copper Point Way. Create the temporary turn-around easement per ACHD standards outside of the platting process, Graphically depict and make reference to recording information on the face of the plat. 17. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Applicant is to meet all terms ofthe approved preliminary plates) and development agreement. 2. Any existing domestic wells and/or septic systems within this 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 pmposes such as landscape irrigation. 3. Two-hundred-fifty 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. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain an approved design and permit from the Public Works Department prior to commencing installations. 4. Submit "final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5. Coordinate fire hydrant placement with the City of Meridian'g Water Works Superintendent. 6 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-S-2.K. FP-Q2-007 Silverstone Corporate Center II.FP.Doc ~ 06,Y " ( Mayor and Council June 24, 2002 Page 4 RECOMMENDATION Staff recommends approval of this Final Plat application with the aforementioned comments and conditions. FP-02-007 Silverstone Corporate Center I1.FP.Doc IL.0b,".J " hi BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF J-U-B ENGINEERS FOR APPROVAL OF FINAL PLAT FOR CEDAR SPRINGS SUBDIVISION NO.1, LOCATED AT THE NORTHWEST CORNER OF "V. USTICK ROAD AND N. MERIDIAN ROAD, MERIDIAN, IDAHO C/C 07/02/02 ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-02-01O ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on July 2, 2002, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from David McKinnon, Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, listing 4 General Requirements and 16 Site Specific Requirements/Final Plat, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, and Gary Lee, commented at the hearing, 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 "CEDAR SPRINGS SUBDIVISION NO. 1 It as evidenced in Plat bearing: "PLAT SHOWING CEDAR SPRINGS SUBDIVISION NO, 1, A ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDAR SPRINGS SUBDIVlSION NO. 1 1 (FP-02-0 10) - 1 PORTION OF THE SOUTH YZ, SECTION 36 TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2002, 11746FP1, 05.17/02, SHEET 1 OF 3, HOWELL-MURDOCH DEVELOPMENT CORP., DEVELOPER, J-U-B ENGINEERS, INC., ENGINEERS SURVEYORS PLANNERS", Howell-Murdoch Development Corp, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and David McKinnon, Planner II for the Planning and Zoning Department, dated June 24, 2002, listing 4 General Requirements and 16 Site Specific Requirements/Final Plat, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of three pages, and by this reference incorporated herein, and the additional requirements are required as follows, to- wit: 1.1 As noted on the staff comments attached hereto as Exhibit "A" and consisting of three pages, and in particular to clarify the Application Summary, Site Specific Requirement numbers 3, 6, 10 and General Requirements number 1, they shall now read as follows: APPLICATION SUMMARY Under reviewing the submitted final plat, staff has determined that the plat substantially complies with the approved preliminary plat, with the following exceptions: (Delete the second bullet language, as shown on the attached Exhibit "A", Page 1.) SITE SPECIFIC REQUIREMENTS/FINAL PLAT - Number 3 shall be deleted. (As shown on the attached Exhibit "A'\ Page 2.) ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDAR SPRINGS SUBDIVISION NO, 11 (FP-02-0 10) - 2 SITE SPECIFIC REQUIREMENTS/FINAL PLAT - Number 6 shall now read as follows: 6. Design drainage areas to ensure that water is retained only during 100- year storm events, and for a period of time not to exceed 24 hours, Side slopes within drainage areas shall not exceed 3: 1. (As shown on the attached Exhibit A~" Page 2.) SITE SPECIFIC REQUIREMENTS/FINAL PLAT - Number 10 shall now read as follows: 1 O. Submit a signed, stamped statement from a professional engineer certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. (As shown on the attached Exhibit A", Page 2,) GENERAL REQUIREMENTS - Number 1 shall now read as follows: 1. Tile all irrigation ditches, laterals or canals, exclusive of natural waterways with the exception of the White Drain, intersecting, crossing or lying adjacent and contiguous to the area being subdivided per City Ordinance 12-4-13. Submit written confirmation of plan approval from the appropriate irrigation/drainage district, or lateral users association to the Public Works Department. (As shown on the attached Exhibit A", Page 3.) 1,2 The Central District Health Department requires after written approval from the appropriate 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 central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1,2.1 State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDAR SPRINGS SUBDIVISION NO. 11 (FP-02~OI0) - 3 1.2.2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Depmiment, May 2000. 1.3 The Meridian Fire Department requires the following: 1.3,1 That a fire-flow of 1,000 gallons per minute shall be available to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1.3.2 Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 1.3.3 Acceptance of the water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 1.3.4 Final approval of the fire hydrant locations shall be by the Meridian Fire Depmiment. 1.3.5 All radii shall be 28' inside and 48' outside radius. 1.3.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code, 1.3,7 The clear unobstructed street width available at all times shall not be less than 20'. This may require that parking be restricted in some areas. 1.3.8 The landscape island located on the entrance off of North Meridian Road will be required to be moved 10' West in order to maintain required tuming radiuses, unless it meets the requirements ofItem 1.3.5 above, 1.4 The Settler's Irrigation District notes that the Parkins Nourse Lateral that will be canying drainage water through the east boundary of Cedar Springs Subdivision will reach flows of 860 miner's inches and will require a 30' easement. An appropriate agreement shall be drawn up and recorded after execution, The current plans indicate one pipe carrying both irrigation and drainage water. An additional pipe will be required to carry only the drainage water to avoid potential problems with the pressurized irrigation pump station. 1.5 The Nampa & Meridian Irrigation District is still reviewing the proposed project, and therefore reserves all comments until the review has been completed. 1.6 The Meridian Water Department can provide adequate water supply to the project. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDAR SPRINGS SUBDIVISION NO. 11 (FP-02-010) - 4 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2, 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 improvements. By action of the City Council at its regular meeting held on July 2, 2002. By: RT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. Z:\Work\M\Mcridian\Mcridian 15360M\Ccdar Spgs Sub No. I FP02-010\OrdcrFP.doc B - of ~~ ..::- 'l'" ..::- ~~"...:" , \\.'- . \ \\\ " ~ hi \ BY..JI~P~ 9- Dated: ?-l/-t72- City Clerk - ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDAR SPRINGS SUBDIVISION NO, 1 / (FP-02-010) - 5 r HUB OF TREASURE VALLEY A Good Place to Live MAYOR Robert D. Corrie CITY OF MERIDIAN 33 EAST IDAHO MERIDlAN, IDAHO 83642 (203) 388-4433 . F A,.'( (208) 387-4813 City Ckrk Office Fax (208) 888-4218 CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird ChL'rie McCandl<:ss William L.M. Nary MEMORANDUM: To: Mayor, City Council and Planning & Zoning Commission David McKinnon, Planner II NA Bruce Preckleton, Senior Engineering Tech Prom: Re: ~ Cedar Springs Subdivision No.1 LEGAL DEPARThlENT (208) 288.2499 . Fax 288-250 I PUBLIC WORKS BUILDING DEPARTh-lENT (208) 898-5500. Fax 837-1297 PLAi'\1NING AND ZONING DEPARTNlENT (208) 884-5533 . F.<\"'X 888-6854 June 24, 2002 RECEIVED I! . \ t '1 7 '10fV'" .lvi', L L'lJ':: CITY OF MERIDIAN CITY f:: r=PK nl="l="fr.F.: · Request for Pinal Plat Approval of Eighty-two (82) Building Lots and Eighteen (18) Other Lots on 29,11 Acres in an R-4 Zone for Cedar Springs Subdivision No.1, by JUB Engineers (File No. FP-02-0JO) We have reviewed the above-referenced submittal and offer the following comments, as conditio~s of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICA TION SUMMARY The applicant, JOB Engineers, has requested approval of the fIrst phase of the Cedar Springs Subdivision, located on the west side ofN. Meridian Road, approximately 1/3 of a mile north of Ustick Road. Upon reviewing the submitted final plat, staffhas determined that the plat substantially complies with the approved preliminary plat, with the following exceptions: · Lot 2, Block 7 has been changed from an open space/drainage lot to a buildable lot. .a.J..Qt 2, Block l'1., an epeIl1lpa('e lGt, l:J~~ h:,,;~n dramaHetllIy letlm:ed if.lS1ze. Staff does not recommend approval of the above changes to the final plat. Staff's failure to .cite specific ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibility for compliance. LOCA TION The subject property is located on the west side of Meridian Road, north ofthe Meridian Settlers Park location, and approximately 1/3 mile north ofUstick Road. FP-m,.OOIO .'b,'~ " t./etd Cedar Spno&, Sub. FP Planning & Zoning Com .sion/Mayor & City Council Jooe 24, 2002 Page 2 SURROUNDING PROPERTIES North: Rural Residential land, zoned RUT (Ada County). South: Meridian Settlers Park, zoned L-O. East: The proposed Sundance Subdivision, zoned R-8. West: Future Phases of Cedar Springs Subdivision (R-4), and Rural Residential Property zoned RUT. SITE SPECIFIC REQUIREMENTSIFINAL PLAT 1. Applicant is to meet all tertns of the approved preliminary plat and development agreement. 2. ModifY face of plat to include Lot 2, Block 7, as a non-buildable open space lot. 3: IUl;ft:wsc :siLe of Lul 2, Block 14, tv mateh the apprBvt:.d prcJiminary plat dimeroions, Mld c.arr.ect the legal..description in the Certifica~.o.er5 a~. 4. Modify Note #8 on the final plat to include Lot 2, Block 7 as a common lot, to be maintained by the Home Owners Association. 5. Submit compaction test results to the Meridian Building Department for all building pads within lots receiving engineered backfill. /00- 6. Design drainage areas to ensure that water is retained only durin~-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. 7. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, perimeter fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 8. Install permanent fencing along the northern perimeter boundary. Fencing plans shall be submitted for review and approval prior to signature on the final plat. 9. Construct the water lines to and through this proposed development. Coordinate main sizing and routing with the Public Works Department. 10. Submit a signed, stamped statement from a professional ~~~~ certifying that all street finish centerline elevations are set a minimum of three feet above the highest established nonnal groundwater elevation. FP ...{l2.oo 10 ;b;f " D 3 Cedar Springs Sub FP Planning & Zoning Coni. Jsion/Mayor & City Council June 24, 2002 Page 3 11. Provide sidewalks with a clear five-foot-wide walkway pathway without encroachment of mailbox structures. 12. Submit copies of proposed restrictive covenants and deed restrictions for review by the City Attorney's office. 13. Remove the graphically depicted 5-foot easement across the backs of Lots 8-11, Block 4. These are rear yards, therefore the IO-foot easement would be required. 14. Complete the CPF record number for the East lf4 Comer. 15. Place an arrow on Lot 5, Block 3 towards N. Elsinore Way to indicate front of house, and place the same arrow symbol in the Legend. 16. Please add or revise the following plat notes: (9.) ...highest seasonal normal groundwater elevation. (10.) ...Ada County Highway District, and the City of Meridian. GENERAL REQUIREMENTS , v.;lt'h H"\-€.. exeff-lH9n 0 1. Tile all irrigation ditches, laterals or canals, exclusive of natural waterways;l intersecting,.fh'€.., Wh;'~ crossing or lying adjacent and contiguous to the area being subdivided per City 1) raJ (j Ordinance 12-4-13. Submit written confirmation of plan approval from the appropriate irrigation/drainage district, or lateral users association to the Public Works Department. 2. Remove any existing domestic wells and/or septic systems within this project 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 landscape irrigation.) 3. Install 250-watt and lOG-watt, high-pressure sodium streetlights at locations designated by the Public Works Department. Street light contractor shall obtain an approved design and permit from the Public Works Department prior to commencing installations. 3. Replace any tree over four (4) inch caliper that is removed from the property with an equivalent number of caliper inches of trees. (Required landscape buffer trees will not be considered as replacement trees for those trees that have to be removed.) 4. Coordinate with the Meridian Public Works Department and the Meridian CitylRural Fire Department to determine fire flow requirements, Provide a letter from the Fire Department stating required fire flow requirements prior to fmal plat-approvaL RECOMMENDATION Staffrecommends approval ofthe fmal plat, with the above stated comments and conditions. FP -m.ooIO ,y ee btJ o.r Cedar Sprin~ Sub FP BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICA TION OF VOIGT DEVELOPMENT FOR APPROVAL OF FINAL PLAT FOR SUNDANCE SUBDIVISION NO. 1, LOCATED EAST OF NORTH MERIDIAN ROAD AND NORTH OF EAST USTICK ROAD, MERIDIAN, IDAHO C/C 07/02/02 ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-02-009 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on July 2,2002, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from David McKinnon, Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, listing 5 General Requirements and 13 Site Specific Requirements, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, and Steve A11l01d, commented at the hearing, 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 "SUNDANCE SUBDIVISION NO.1" as evidenced in Plat bearing: "PLAT OF SUNDANCE SUBDIVISION NO.1, A PORTION OF THE ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDANCE SUBDIVISION NO. I I (FP-02-009) - I SW Y4 OF SECTION 31, T.4N., R,IE., B,M. MERIDIAN, ADA COUNTY, IDAHO 2002, SHEET I OF 2, HANDWRTITEN DATE: 5/22/02, #0205 \0205- PLT.DWG BKB OS/22/02, BRIGGS ENGINEERING, INC" CONSULTING ENGINEERS, SUNDANCE L.L.C, DEVELOPER", Voigt Development, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and David McKinnon, Planner II for the Planning and Zoning Department, dated June 24,2002, listing 5 General Requirements and 13 Site Specific Requirements/Final Plat, a true and conect copy of which is attached hereto marked Exhibit "A", and consisting of three pages, and by this reference incorporated herein, and the additional requirements are required as follows, to-wit: 1.1 As noted on the staff comments attached hereto as Exhibit" A" and consisting of three pages, and in particular to clarify Site Specific Requirement number 9, it shall now read as follows: Number 9 shall now read as follows: 9. Submit a signed, stamped statement from a professional engineer certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 1.2 The Central District Health Depmiment requires after written approval from the appropriate 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 central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; ORDER OF CONDITIONAL APPROVAL OF PINAL PLAT FOR SUNDANCE SUBDlVISION NO. 11 (FP-02-009) - 2 that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation, Manuals for guidance: 1.2.1 State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 1.2.2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 1.3 The Meridian Fire Department requires the following: 1.3.1 That a fire-flow of 1,000 gallons per minute shall be available to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1.3.2 Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 1.3.3 Acceptance of the water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 1,3.4 Final approval of the fire hydrant locations shall be by the Meridian Fire Department. Several fire hydrants shall have to be relocated. 1.3.5 All radii shall be 28' inside and 48' outside radius. 1.3.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 1.3.7 The roadways shall be built to Ada County Highway Standards with a minimum street width of 34'. 1.3.8 A 20' wide second means of access shall be provided on Block 1 Lot 11. 1.4 The Settler's Irrigation District will not transfer the water rights to Nampa & Meridian Irrigation District. That water may become part of the "Exchange Agreement" with Nampa & Meridian Irrigation District, or the water can continue to be delivered through the Starkey Lateral of the Settlers' system through a separate pump station. The Perkins Nourse Lateral will be carrying drainage through the property, the flows will be approximately 860 miner's inches and will require a 30' easement. If the Nampa & Meridian Irrigation District will operate and maintain the pressurized irrigation system for both District's, then a contract will need to be drafted to reflect the agreements that Nampa & Meridian Irrigation ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDANCE SUBDIVISION NO. 11 (FP-02-009) - 3 District will be assessing Settlers' lands for the pressurized ilTigation system only. Settlers will continue to bill the land for the water rights under one assessment that will be sent directly to the homeowner's association. 1,5 The Parks and Recreation Department makes notation that the Public Works Department was directed to work on a plan with the developer to collect latecomers fees up front for the water line being constructed in Meridian Road, at the Parks Depmiment expense. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1, The Plat dimensions are approved by the City Engineer; and 2. 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 improvements, By action of the City Council at its regular meeting held on July 2,2002. By: T D. CORRIE yor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. BJ~P~~ City Clerk Dated: ?.....II.--tJL Z:\Work\M\Mcridian\Mcridian I 5360M\Sundance Sub No. I FP02-009\OrdcrFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDANCE SUBDIVISION NO, 11 (FP-02-009) - 4 MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 . Fax 288-250 I CITY COUNCIL !vlEMBERS Tammy deWeerd Keith Bird Cherie McCandk'Ss William LM. Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . F A.'{ (208) 887-4813 City Clerk Office Fax (208) 888-4218 PUBLIC WORKS BUILDING PEP ARTMENT (208) 898.5500. Fax 887.1297 PLAL"WlNG AND ZONING DEPARThfENl (208) 884-5533 . F A.,{ 888-6854 MEMORANDUM: To: Mayor, City Council and Planning & Zoning Commission David McKinnon, Planner II J:jA. Bruce Freckleton, Senior Engineering Tech June 24, 2002 R~CEIVED Re: Sundance Subdivision No.1 ~ JUN 2 7 2002 CI,TY OF MERIDIAN OITY rr r::Rt( nCJ:'lrF: From: . Request for Final Plat Approval of Fifty-seven (57) Building Lots and Five (5) Other Lots on 15.8 Acres in an R-8 Zone for Sundance Subdivision No.1, by Voigt Development (File No_ FP-02-009). ,J We have reviewed the above--referenced submittal 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: APPLICA TION SUMMARY The applicant, Voigt Development LLC, has requested final plat approval of the first phase of the Sundance Subdivision, located at the northeast corner ofN. Meridian and Ustick Road. Upon reviewing the submitted final plat, staff has determined that the plat substantially complies with the approved preliminary plat. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibility for compliance. LOCATION The subject property is located at the northeast comer of Meridian and Ustick, east of the Meridian Settlers Park location. SURROUNDING PROPERTIES North: Rural residential land, zoned RUT (Ada County). South: Rural residential land, zoned RUT (Ada County) and Bedford Place Subdivision, zoned R~8. East: Rural residentia4 zoned R -1 (Ada County). West: Cedar Springs Subdivision (R-4), and Meridian Settlers Park. fP -m.oo9 II"" " If; Sundan.. Sub.1'P / Planning & Zoning Comm' . on/Mayor & City Council June 24, 2002 Page 2 SITE SPECIFIC REQUIREMENTSIFINAL PLAT 1. Applicant is to meet all terms of the approved preliminary plat. 2. Submit compaction test results to the Meridian Building Department for all building pads within lots receiving engineered backfill. 3. Design drainage areas to ensure that water is retained only during 25-year storm events, and for a period of time not to exceed 24 hours. Slopes within drainage areas shall not exceed 3:1. 4. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, perimeter fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. 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. 5. Install fencing (prior to requesting Building Permits from the City of Meridian. Solid fencing shall be no taller than four feet (4') in height when adjacent to pathways. Fencing shall be of cedar or vinyl construction (as submitted). 6. Submit a revised landscape plan for Lot 11, Block 1 (micro-path/sewer easement) for approval by the Planning and Zoning Department prior to signature on the final plat. The pathway shall be expanded from five feet (5') wide to ten feet (10') wide, fencing reduced to four feet (4') in height adjacent to the path, replacement of the proposed gravel with an approved landscape material, and add the installation of bollards at each end of the pathway to discourage vehicular use. . 7. Revise landscaping and irrigation plan to include a portion of the right-of-way on Meridian Road in accordance with MCC 12-13-10-9. The modifications will require a license agreement between the property owner and ACHD. Submit a copy of the license agreement prior to signature on the final plat. 8. Construct the water lines to and through this proposed development. Coordinate main sizing and routing with the Public Works Department. M.JJf 9, Submit a signed, stamped statement from a professional ~~yg.r certifying that all street finish 'centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 10. Provide sidewalks with a clear five-foot-wide walkway pathway without encroachment of mailbox structures. FP-Q2.11119 ;h&~ II " S.OOtmcc Sub FP I w"^ Planning & Zoning Con 3sion/Mayor & City Council June 24, 2002 Page 3 11. Submit copies of proposed restrictive covenants and deed restrictions for review by the City Attorney's office." 12. Graphically depict a 10- foot wide Public Utilities, Drainage, Irrigation Easement adjacent to the north boundary line of Lot 2, Block 3, north boundary line of Lot 1, Block 2, and the north boundary line of Lot 9, Block 1. These additional easement width is necessary due to pressurized irrigation main line. 13. Graphically depict a 5-foot wide Public Utilities, Drainage, Irrigation Easement adjacent to the south boundary line of Lot 1, Block 2. This will be a side yard when the adjacent phase is developed, GENERAL REQUIREMENTS 1. Tile all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying' adjacent and contiguous to the area being subdivided per City Ordinance 12-4-13. Submit written confirmation of plan approval from the appropriate irrigation/drainage district, or lateral users association to the Public Works Department. 2. Remove any existing domestic wells and/or septic systems within this project from their dom(!stic service per City Ordinance Section 9-1-4 and 9-4-8. (Wells may be used for non-domestic purposes such as landscape irrigation.) 3. InstallIOO-watt, high-pressure sodium streetlights at locations designated by the Public Works Department. Street light contractor shall obtain an approved design and permit from the Public Works Department prior to commencing installations. 3. Replace any tree over four (4) inch caliper that is removed from the property with an equivalent number of caliper inches of trees. (Required landscape buffer trees will not be considered as replacement trees for those trees that have to be removed.) 4. Coordinate with the Meridian Public Works Department and the Meridian CitylRural Fire Department to determine frre flow requirements. Provide a letter from the Fire Department stating required fire flow requirements prior to final plat approval. 5. Construct a five foot (S') wide detached sidewalk on Meridian Road. RECOMMENDA TION Staffrecommencls approval of the final plat, with the above stated comments and conditions. FP-{J2.lXJ9 ;~ " "3 Sundance Sub FP *'" TX CONF IRMA-I . oJN REPORT ** ( AS OF JUL 02 '02 16:12 PAGE,01 CITY OF MERIDIAN DATE TIME TO/FROM 06 07/02 16:11 2083780329 MODE MIN/SEC PGS CMD~ STATUS EC--S 01'15" 004 205 OK ----~-------~-----------------------~---------------------------------------------~--------- CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday. July 2,2002, at 6;30 p.m. City Council Chambers 1. Roll~call Attendance: _ TammydeWeerd Cherie McCandless _ Mayor Robert Corrie- _ Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda; A. Approve minutes from June 4. 2002 City Council Regular Meeting: B. Approve minutes from June 11, 2002 City Council Regular Workshop: C. Approve minutes from June 18, 2002 City Council Regular Meeting: O. Approve minutes from June 24, 2002 City Council Special Joint Workshop: Eo Development Agreement: AZ 01-021 Request for annexation and zoning of 4.83 acres from RUT to R-8 zones for proposed Berkelev Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: F. Development Agreement: AZ 02-006 Request for annexation and zoning of 76.16 acres from RUT to R-8 zones for proposed Heritaae Commons by Brighton Corporation - west side of North Locust Grove Road between East McMillan Road and East Ustick Road: G. Development Agreement: AZ 02-002 Request for annexation and zoning of 5.81 acres from RUT to R-40 zones for proposed CooDer Canyon Subdivision by Wildwood Development. LLC - east of North Locust Grove Road and south of East Wilson Lane: MoridiM City c..une~ ASttlda - July 2. 2002 Palle I of 4 1111 m31crial'l""'=I"ofctI at public D1~il\gs :;]1.11 bcc<Jmcl1l'O}1Ctty oilho Cily of Meridian. Anyone dasirins a=mmlll1lltioo. fur disabilities Iclaled lO do<:umenlS lmdIur hearing pl= oontact lI1e City Clerk's Ofli<.... nl 888-4433 at 100.<148 hours prior 10 Ihe pUblic mccring. ** TX CONFIRMATlwN REPORT ** ( AS OF JUL 02 '02 13:20 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 02 07/02 13:18 208 888 1463 MODE MIN/SEC PGS CMDn STATUS EC--S 01' 12" 01214 198 OK ---~-----------------------------------------------------------------------~---------------- CITY OF MERIDIAN CJTY COUNCIL REGULAR MEETING AGENDA Tuesday, July 2, 2002, at 6;30 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd _ Bill Nary Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from June 4, 2002 City Council Regular Meeting: B. Approve minutes from June 11, 2002 City Council Regular Workshop: C. Approve minutes from June 18, 2002 City Council Regular Meeting: D. Approve minutes from June 24, 2002 City Council Special Joint Workshop: E. Development Agreement: AZ 01..021 Request for annexation and zoning of 4.83 acres from RUT to R-8 zones for proposed Berkeley Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: F. Development Agreement: AZ 02-006 Request for annexation and zoning of 76.16 acres from RUT to R-8 zones for proposed Heritaae Commom by Brighton Corporation - west side of North Locust Grove Road between East McMillan Road and East Ustick Road: G. Development Agreement: AZ. 02-002 Request for annexation and zoning of 5.81 acres from RUT to R-40 zones for proposed Coooer Canyon SubdivIsion by Wildwood Development, LLC _ east of North Locust Grove Road and south of East Wilson Lane: Meridiatl City Council AgCllda -July 2, 2002 Page 1 Df4 All _lmo.l. p<czcnl1:d at public tnoll1iags slWl become prollCl1Y ofllle City ofMeri~n, Anyone desiring eccommodatjen tor di...hilitks ~ta!lld 10 doalmcnls a.ndler bcerins plcue oonlact the City Ctcr~'s Office al ggS4433 allCl1Sl4g hours prior 10 the public meeling. ( AS OF JUL 03 '02 14:58 PAGE. 01 ** TX CONFIRMAl,wN REPORT ** CITY OF MERIDIAN DATE TIME TO/FROM 10 07/03 14:57 Walter R Johnson MODE M1N/SEC PGS CMD" STATUS EC--S 01'20" 004 208 OK ---------------------~----------------~~----------------~---------~-----------~--------~---- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 2J 2002, at 6:30 p.m. City CounciJ Chambers 1. Roll-call Attendance; )( Tammy de Weerd -;f; Bill Nary I Cherie McCandless Keith Bird +- Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. B. Approve minutes from June 4,2002 City Council Regular Meeting: o/fh'Vv~ Approve minutes from June 11, 2002 City Council Regular WorkshoP:~v--<-- Approve minutes from June 18, 2002 City Council Regular Meeting: ~I?V'LG- Approve minutes from June 24, 2002 City Council Special Joint Workshop: ~r:7~ Development Agreement: AZ. 01-021 Request for annexation and zoning of 4.83 acres from RUT to R-8 zones for proposed Berkeley Sauare Subdivision by Wardle and Associates - 1025 North Ten Mile Road: Developme~C=nt: AZ 02-006 Request for annexation and zoning of 76.16 acres from RUT to R-8 zones for proposed Heritane Comm~ns by Brighton Corporation - west side of North locust Grove Road between East McMillan Road and East Ustick Road: tbffnPV'<- Development Agreement: AZ 02-002 Request for annexation and zoning of 5.81 acres from RUT to R-40 zones for proposed Cooper Canyon Subdivision by Wildwood Development. LLC - east of North Locust Grove Road and south of East Wilson Lane: o/tnP~ MelOdi.n City Council Agmda-July2, 2002 I'>Igc I of4 All materials pl<!lCllcd at public mcclingsshall ~mc property ,,(the Ciry ..(Mendilln. Anyone desiring acoonunoo.ation fDr dislbmlies reldled 10 doe..menl~ andrDr hellring pleasa conlacllhc City Clc.'. Office al8811-4433 at lca..<t 48 lmUl'1\ prior to the public m<<ling. c. D. E. F. G. ** TX CONFIRMATION REPORT ** AS OF JUL 82 '82 23:38 PAGE. 81 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDI:I STATUS 09 07/02 22:42 3810168 EC--S 02'28" 804 208 OK 113 07/02 22:45 PUBLIC WORKS UF--S 131'07" 0134 208 OK 11 137/82 22:46 21388881193 EC--S 131'19" 13134 208 OK 12 07/132 22:48 8841159 EC--S 01'20" 004 208 OK 13 07/02 22:513 21388840744 EC--S 81'20" 004 208 OK 14 87/02 22:52 2688845877 EC--S 01'21" 884 288 OK 15 07/82 22:54 288 898 55131 EC--S 81'19" 084 288 OK 16 87/02 22:55 LIBRARY EC--S 81'46" 1384 288 OK 17 07/82 22:58 92083776449 EC--S 81' 19" 884 288 OK 18 87/82 22:59 288 388 6924 EC--S 81'44" 084 288 OK 19 87/82 23:82 888 6854 EC--S 81'28" 884 288 OK 213 87/82 23:84 2883757154 EC--S 81'19" 884 288 OK 21 87/02 23:06 2883362100 EC--S 82'18" 804 288 OK 22 07/02 23:88 8958398 EC--S 01'28" 804 288 OK 23 07/82 23:18 Laurel EC--S 81'21" 884 288 OK 24 87/82 23:12 288 387 6393 EC--S 81' 19" 8134 288 OK 25 07/82 23:14 ADA CTY DEVELMT G3--S 82'28" 884 288 OK 26 07/82 23:17 CHERRY LANE EC--S 81'47" 804 288 OK 27 07/82 23:19 POST OFFICE EC--S 82' 19" 884 208 OK 28 87/82 23:22 288 888 1983 G3--5 81'46" 004 288 OK 29 87/02 23:25 208 467 9562 EC--S 81'45" 884 288 OK 38 87/82 23:27 288 888 6788 EC--S 81'28" 084 288 OK 31 87/82 23:38 JIM JOHNSON ----S 88' 88" 8813 288 BUSY THIS DOCUMENT IS STILL IN MEMORY -------------------------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 2, 2002, at 6:30 p.m. City Council Chambers 1. Roll-caU Attendance: )( Tammy de Weerd -;f: Bill Nary X Cherie McCandless Keith Bird -X-- Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from June 4, 2002 City Council Regular Meeting: ~v-<=- ** TX CONFIRMATJuN REPORT ** AS OF JUL 02 '02 12;45 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 01 07/02 12:44 208 376 2041 MODE MIN/SEC PGS CMD~ STATUS EC--S 01' 11" 004 196 OK CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, July 2, 2002, at 6:30 p.m. City Council Chambers 1. Roll-c::all Attendance: _ Tammy de Weerd Cherie McCandless _ Mayor Robert Corrie _ Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from June 4. 2002 City Council Regular Meeting: B. Approve minutes from June 11, 2002 City Council Regular Workshop: C. Approve minutes from June 18, 2002 City Council Regular Meeting: D. Approve minutes from June 24, 2002 City Council Special Joint Workshop: E. Development Agreement AZ 01-021 Request for annexation and zoning of 4.83 acres from RUT to R-8 zones for proposed Berkelev Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: F. Development Agreement AZ 02-006 Request for annexation and zoning of 76.16 acres from RUT to R-8 zones for proposed Heritaae ,Cp~mmons by Brighton Corporation - west side of North Locust Grove Road between East McMillan Road and East Ustick Road: G. Development Agreement: AZ 02-002 Request for annexation and zoning of 5.81 acres from RUT to R40 zones for proposed Cooper Canyon Subdivision by Wildwood Development, LLC - east of North Locust Grove Road and south of East Wilson Lane: Mclid;onC;tyCoundIAgc:nda-July2,2002 Page I of4 All mn..:rials pre3cnred III public meding.~ Mnll become properly ofthc eil)' ofMaidilln. ^nYO~1I desiring lCCommodllriClll for disabilities related 10 documenls andIor hearing plcase eonl.llCl the City Cled;'s Officeal 888-4433 all= 48 bllurs JlriOrlO the public mCClmg, ** TX CONFIRMA,.~N REPORT ** ( AS OF JUL 05 '0~ 08:43 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 01 07/05 08:43 PUBLIC WORKS MODE MIN/SEC PGS CMD~ STATUS UF--S 00' 11" 001 236 OK --~------------~-~----------~-----------------------------------~--------------------------- CITY OF MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Tuesday, July 2,2002 at 6:00 p.m. City Council Chambers 1. ROIl-c~al andance: Tammy de Weerd Bill Nary Cherie McCandless ~ Keith Bird ~ Mayor Robert Corrie 3. Adoption ofthe Agenda: ~~ Discussion of water and sewer latecomer agreements with Sundance Company for Silverstone Subdivision project: d/$"(;,",S'r.e~ - 77"u<:'-' ~L 1-/6-/)2. i;,..,ip.. 2. Mcridinn City Counc:il Spo.:inl M~ing Agenda-July 2. 2002 "PBgc 1 ofl All mnler;als pre~11Icd af public mc<lings shall b.""mc properly of the City ofMctidian, Anyone desillngaceommodation for di$llbilifios related fO d"""",cols ond/M hearings, ple:tso ClInt:1Ct lhe City Ckrk 's Omee aT 8$~-4433 at least4S houlS prior to lhc Jlublic metrins. ** TX CONFIRMA1,~N REPORT ** AS OF JUL 03 '0~ 15:09 PAGE. 1211 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC pes CMD~ STATUS 12 1217/1213 15:1219 CHAMBER-COMMERCE ----S 121121'1210" 121121121 176 BUSY THIS DOCUMENT IS STILL IN MEMORY --------------------------~-~----------------------------------------------~---------------- ?leo.se. ?o<b-t fD( PUh-i.i.0 Th+1C0-{;haA1.~s! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 2. 2002. at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: _ TammydeWeerd _ BlIINary Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda; 3. Consent Agenda: A. Approve minutes from June 4, 2002 City Council Regular Meeting: So Approve minutes from June 11, 2D02 City Council Regular Workshop: Co Approve minutes from June 18, 2002 City Council Regular Meeting: Do Approve minutes from June 241 2002 City Council Special Joint Workshop: E. Development Agreement: AZ. 01-021 Request for annexation and zoning of 4.83 acres from RUT to R-B zones for proposed Berkelev Square Subdivision by Wardle and Associates -1025 North Ten Mile Road; F. Development Agreement: AZ. 02-006 Request for annexation and zoning of 76.16 acres from RUT to R~8 zones for proposed Heritage Commons by Brighton Corporation - west side of North Locust Grove Road between East McMillan Road and East Ustick Road: G. Development Agreement: AZ 02.002 Request for annexation and z.oning of 5,81 acres from RUT to R-40 zones for proposed Cooper Canyon SubdIvIsion by Wildw"ood Development, LLC - east of North Locust Grove Road and south of East Wilson Lane: H. Findings of Facts and Conclusions of Law: A2. 02-003 Request for annexation and zoning of 3.84 acres from R-1 to R-8 zones for proposed Amberstone Subdivision by Jim Jewett - south of West Cherry lane and south of North Summertree Way: I. Findings of Facts and Conclusions of Law: PP 02-002 Request for Preliminary Plat approval of 19 building lots and 2 other lots on 3.84 acres in a proposed R-8 zona for proposed Ambarstone Subdivision by Jim Jewett - south of West Cheny Lane and south of North Summertree Way: Moridi.., Cil)' Ca."",l As""w. ~ 1ul)' 2, 20112 ""Be 1 "r3 All mult:ritll$ pn:st:IItod ut public IIlcctinS" shull bca:>mc propgiy "fLlu: eily "rM....idinn. AJJyone dc:siring BCCOtlm10dation for disabilitic5 fdatcd to dDa>mcnts B>1d1or hcuing please con14et Ibe City Clerk's Office ul 8884433 ulleaSl48 hours prior 10 !be public mOBling. ( ** TX CONF I RMA1. <.IN REPORT ** AS OF JUL 03 '0~ 15:20 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 14 07/03 15=20 CHAMBER-COMMERCE ----5 00'00" 000 179 BUSY THIS DOCUMENT IS STILL IN MEMORY --------------------~--------------------------------------~----------------------------~--- ?koJ\e.. 1>o~{ Joy <PfA,~ Vlottce. -1~1O~tYl.~! CITY OF MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Tuesday. July 2, 2002 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ Bill Nary Cherie McCandless Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Discussion of water and sewer latecomer agreements with Sundance Company for Silverstone Subdivision project: Meridi;m Cil)' Council Special Meeting Agenda-July 2, 2002 Pogo I of I All mOlnials pee_let!., public rmrongs shall ~mc proJlCl1Y ofllle City .(Meridian. Anyone dcsiriog aetl)mmodari<ln for disabilitlco telatalra documents andfor hearinss. Ill....e conlact tbe City Clerk's Office At 88&.4433 allo!llSl48 hOUIS prior to tlle public mecriog. ( I ** TX CONFIRMA'I.~~ REPORT ** AS OF JUL 15 '0~ 09:22 PAGE,01 CITY OF MERIDIAN DATE TIME TO/FROM 05 07/15 09:21 Laurel MODE MIN/SEC PGS CMD~ STATUS EC--S 01'04" 003 176 OK ------------------~-----------~-----------------------------------------------------~------- ? Leo.8e. ? o<b-c 11>, PubUv crLn-ht(.,-~hOJY?.~s! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 2, 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ Bill Nary Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption ofthe Agenda: 3. Consent Agenda: A. Approve minutes from June 4, 2002 City Council Regular Meeting: B. Approve minutes from June 11, 2002 City Council Regular Workshop: C. Approve minutes from June 18, 2002 City Council Regular Meeting; D. Approve minutes from June 24, 2002 City Council Special Joint Workshop: E. Development Agreement: AZ 01-021 Request for annexation and zoning of 4.83 acres from RUT to R-8 zones for proposed Berkelev Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: F. Development Agreement: AZ. 02-006 Request for annexation and zoning of 76.16 acres from RUT to R~8 zones for proposed Heritaae CQmmons by Brighton Corporation - west side of North Locust Grove Road between East McMillan Road and East UsticK Road: G. Development Agreement: AZ 02-002 Request for annexation and zoning of 5,81 acres from RUT to R-40 zones for proposed Cooper Canyon Subdlvlslon by Wildwood Development, LLC - east of North Locust (:>-. Road and south of East Wilson Lane: H. Findings of Facts and Conclusions of Law: annexation and zoning of 3,84 acres from R~1 to Amberstone Subdivision by Jim Jewett - south o. south of North Summertree Way: I. Findings of Facts and Conclusions of law: PP Preliminary Plat approval of 19 building lots and 2 othe a proposed R..a zone for proposed Amberstone Subdl - south of West Cherry lane and south of North Summe, Me,;d;~n City enuneil Ag"''''"' - July 2, ~Oo:z PAg. 1 nf3 All mlllcria\s """""led III public: rtJ..t1ng< o;hall bc:oomc I'rop<:rty oith<: Cily or~il Anyone dc9iring seC<lmmodation r.,r disabilities rdalcd 10 documcnl51lJ'1d1or hcsrin. I'leMC coolCct the City CI..k '$ orne<: at 8884433 nllensl4S lwlU'S ptior to !be I'Ilblic mt ? LeCt8~ 1 o~-t fOr Pud?<UG <no-b'Cz, --7:hWYL!c-'S,! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA TuesdaYJ July 2J 2002, at 6:30 p.m. City Council Chambers 1. RolI"call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from June 4, 2002 City Council Regular Meeting: B. Approve minutes from June 11,2002 City Council Regular Workshop: C. Approve minutes from June 18, 2002 City Council Regular Meeting: D. Approve minutes from June 24, 2002 City Council Special Joint Workshop: E. Development Agreement: AZ 01"021 Request for annexation and zoning of 4.83 acres from RUT to R-8 zones for proposed Berkelev Sauare Subdivision by Wardle and Associates - 1025 North Ten Mile Road: F. Development Agreement: AZ 02"006 Request for annexation and zoning of 76.16 acres from RUT to R-8 zones for proposed Heritage Commons by Brighton Corporation - west side of North Locust Grove Road between East McMillan Road and East Ustick Road: G. Development Agreement: AZ 02-002 Request for annexation and zoning of 5.81 acres from RUT to R-40 zones for proposed CooDer Canyon Subdivision by Wildwood Development, LLC - east of North Locust Grove Road and south of East Wilson Lane: H. Findings of Facts and Conclusions of Law: AZ 02-003 Request for annexation and zoning of 3.84 acres from R-1 to R-8 zones for proposed Amberstone Subdivision by Jim Jewett - south of West Cherry Lane and south of North Summertree Way: I. Findings of Facts and Conclusions of Law: PP 02"002 Request for Preliminary Plat approval of 19 building lots and 2 other lots on 3.84 acres in a proposed R-8 zone for proposed Amberstone Subdivision by Jim Jewett - south of West Cherry Lane and south of North Summertree Way: Meridian City Council Agenda - July 2, 2002 Page 1 on All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabil ities related to docu ments and/or hearing please contact the City Clerk's Office at 888-4433 alleast 48 hours prior to the public meeting. J. Findings of Facts and Conclusions of Law: AZ02-009 Request for annexation and zoning of 1,00 acre from RUT to L-O zones for the proposed Meridian Fire Department locust Grove Substation property by the City of Meridian - 3545 North Locust Grove Road: K. Findings of Facts and Conclusions of law: AZ 02-005 Request for annexation and zoning of 196.20 acres from RT to R-4 zones for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: L. Findings of Facts and Conclusions of law: PP 02-006 Request for Preliminary Plat approval of 455 single-family lots, 38 common lots and 1 other lot on 190,47 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: M. Findings of Facts and Conclusions of Law: CUP 02-006 Request for a Conditional Use Permit for a Planned Unit Development consisting of 353 buildable lots and 31 common lots on 138.88 acres for proposed Tuscany lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: 4. Approve Bills: 5. Department Reports A. Meridian Police Department - Chief Worley 1. Janitorial Service Bid Award 6. (Items Moved from Consent Agenda) 7. Tabled from June 24,2002: lease Agreement with Chamber of Commerce: 8. Resolution No.: City of Meridian: : Adoption of Strategic Plan of the 9. Continued Public Hearing from June 4, 2002: Proposed Comprehensive Parks and Recreation System and Action Plan: 10. Ordinance No. : AZ 01-021 Request for annexation and zoning of 4.83 acres from RUT to R-8 zones for proposed Berkeley Square Subdivision by Wardle and Associates -1025 North Ten Mile Road: 11. Ordinance No. : AZ 02-006 Request for annexation and zoning of 76.16 acres from RUT to R-8 zones for proposed Heritaae Commons by Brighton Corporation - west side of North Locust Grove Road between East McMillan Road and East Ustick Road: 12. Ordinance No. : AZ 02-002 Request for annexation and zoning of 5.81 acres from RUT to R-40 zones for proposed Cooper Canyon Subdivision by Wildwood Development, LLC - east of North Locust Grove Road and south of East Wilson Lane: Meridian City Council Agenda - July 2, 2002 Page 2 oD All materials presented at pu blic meelings shall bel>>me properly of lhe Cily of Meridian. Anyone desiring accommodation for disabilities related to documents andfor hearing please contacllhe Cily Clerk's Office al 888-4433 alleast 48 hours prior 10 the public meeling. 13. Ordinance No. : AZ 02-007 Request for annexation and zoning of 40 acres from RUT to R-4 zones for proposed Marlin Subdivision by Winston Moore - north of IM84 and east of South Linder Road: 14. Ordinance No. : AZ 01-025 Request for annexation and zoning of 7.83 acres from R-1 to C-G zones for proposed Silverstone Corporate Center Phase II by Sundance Investments - southeast corner of South Eagle Road and East Overland Road: 15. FP 02-007 Request for Final Plat approval of 14 building lots on 20.95 acres in C-C and C-G zones for Silverstone Subdivision Phase 2 by The Sundance Company - southeast corner of South Eagle Road and East Overland Road: 16. FP 02-008 Request for Final Plat approval of 58 single family lots, 5 office lots and 10 other lots on 38.65 acres in an R-4 zone for Bridqetower CrossinQ Subdivision NO.2 by Primeland Development - east of N. Ten Mile Road and south of W. McMillan Road: 17. FP 02-009 Request for Final Plat approval of 57 building lots and 5 other lots on 15.8 acres in an R-8 zone for Sundance Subdivision No.1 by Voigt Development - east of N. Meridian Road and north of E. Ustick Road: 18. FP 02-010 Request for Final Plat approval of 82 building lots and 18 other lots on 29.11 acres in an R-4 zone for Cedar SprinQs Subdivision No.1 by J-U-B Engineers - northwest corner ofW. Ustick Road and N. Meridian Road: 19. Public Hearing: AZ 02-008 Request for annexation and zoning of 5 acres from RUT to L-O zones for the proposed LOS Stake Center by Lombard Conrad Architects - 2515 W. Ustick Road: 20. Public Hearing: CUP 02-011 Request for a Conditional Use Permit for a sports bar with pool tables and big screen TV's in an 0- T zone for Blumacs Sports Bar by Michael McGuinness - 706 East First Street (N. Main Street): 21. Public Hearing: CUP 02-015 Request for a Conditional Use Permit to renovate existing office and Convention Center into a private Jr.l Sr. High School for Cole Vallev Christian Church by Jeffrey L King - 200 East Carlton Avenue: 22. Public Hearing: VAR 02-008 Request for a Variance to add one additional sign on a large medical clinic and radiology center building by Imaaina Center Radioloaists -- 2929 East Magic View Drive: Meridian City Council Agenda -1 uly 2, 2002 Page 3 on 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. ** TX CONFIRMRTION REPORT ** RS OF JUN 28 '02 09:36 PRGE.01 CITY OF MERIDIRN DATE TIME TO/FROM MODE MIN/SEC PGS CMD!:I STRTUS 01 06/28 08:48 PUBLIC WORKS UF--S 00'52" 003 176 OK 02 06/28 08:50 2088881193 EC--S 01'03" 003 176 OK 03 06/28 08:52 8841159 EC--S 01'03" 003 176 OK 04 06/28 08:53 2088840744 EC--S 01'03" 003 176 OK 05 06/28 08:55 2088845077 EC--S 01'04" 003 176 OK 06 06/28 08:56 208 898 5501 EC--S 01'02" 003 176 OK 07 06/28 08:58 LIBRRRY EC--S 01'23" 003 176 OK 08 06/28 09:00 2083776449 EC--S 01'04" 003 176 OK 09 06/28 09:01 208 388 6924 EC--S 01' 22" 003 176 OK 10 06/28 09:03 888 6854 EC--S 01'03" 003 176 OK 11 06/28 09:05 2083757154 EC--S 01'03" 003 176 OK 12 06/28 09:06 8950390 EC--S 01'03" 003 176 OK 13 06/28 09:08 CHAMBER-COMMERCE G3--S 00'34" 000 176 INC 14 06/28 09:09 208 387 6393 EC--S 01'03" 003 176 OK 15 06/28 09:11 RDA CTY DEUELMT G3--S 01'50" 003 176 OK 16 06/28 09:13 CHERIE MCCRNDLES EC--S 01'20" 003 176 OK 17 06/28 09:15 CHERRY LANE EC--S 01'23" 003 176 OK 18 06/28 09:17 POST OFFICE EC--S 01'47" 003 176 OK 19 06/28 09:20 208 888 1983 G3--S 01' 24" 003 176 OK 20 06/28 09:22 Walter R Johnson EC--S 01'03" 003 176 OK 21 06/28 09:23 208 467 9562 EC--S 01'22" 003 176 OK 22 06/28 09:25 208 888 6700 EC--S 01'03" 003 176 OK 23 06/28 09:34 3810160 EC--S 01'46" 003 176 OK 24 06/28 09:36 CHAMBER-COMMERCE ----S 00'00" 000 176 BUSY THIS DOCUMENT IS STILL IN MEMORY -------------------------------------------------------------------------------------------- ? Lea. 8 e, ? o~ -t fO( p{)J~L<:G fLoft' C0 --Ch CVYL jc.. ~! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 2, 2002, at 6:30 p.m. City Council Chambers 1. Ron~caJl Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from June 4, 2002 City Council Regular Meeting; 8_ Annrnvp. minlltp.c:; frnm _Iunt> 11 ?nn? ~;tll (",.."..,,;1 D",,..,,I..,,,r '^'...rl.-..."........