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Home My WebLink About2002-05-07 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 7,2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve 3. Consent Agenda: A. Approve minutes of April 9, 2002 City Council Regular Workshop: Approve B. Approve minutes of April 16, 2002 City Council Regular Meeting: Approve C. Findings of Fact and Conclusions of Law for Denial: V AR 02- 002 Request for variance to allow existing "Bucket Sign" at the Kentucky Fried Chicken restaurant by King Electric Signs - 677 S.E. 1st Street: Approve -- D. Findings of Fact and Conclusions of Law for Denial: CUP 02- 003 Request for a Conditional Use Permit to add one to two additional children after school in existing Family Home Daycare in an R-8 zone for Christina Floyd by Christina Floyd - 567 East Brown Bear Street: Approve E. Findings of Fact and Conclusions of Law for Approval: CUP 02-004 Request for a Conditional Use Permit for an automotive repair business and vehicle parking and storage for Meridian Automotive and Machine by Meridian Automotive and Machine, Inc. - 505 East 1 st Street: Approve F. Findings of Fact and Conclusions of Law for Approval: PP 02- 003 Request for Preliminary Plat approval of 8 building lots and 11 other lots on 113.15 acres in an L-Q zone for T ouchmark Living Meridian City Council Agenda - May 7, 2002 Page J of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at &&8-4433 at least 48 hours prior to the public meeting. Center by Touchmark Living Center - south of East Franklin Road and east of South Eagle Road: Approve G. Findings of Facts and Conclusions of Law for Approval: White Sewer Trunk Project Bid Award: Approve 5-H. Development Agreement: AZ 01-012 Request for annexation and zoning of 70.72 acres from RUT to R-8 zones for proposed Sundance Subdivision by G.L. Voigt Development - northeast corner of East Ustick Road and North Meridian Road: Approve I. Development Agreement: AZ 01-011 Request for annexation and zoning of 9.79 acres from RUT to C-G zones for Franklin Mini, Storage by Ron Osborne - 1975 East Franklin Road: Approve J. Development Agreement: Partial Amended Development Agreement between the City of Meridian and Contractors Equipment Supply Company, Inc. (CESCO): Approve K. South Slough Sewer Project, Engineering Agreement Addendum, J-U-B Engineers: Approve L. South Slough Sewer Easement - Jim Kissler: Approve M. Boise River Outfall Engineering Agreement, Keller Associates: Approve N. Approve Bills: Approve 4. Department Reports: A. Planning and Zoning Department: 1. Ada County Development Services file 02-12-CU I 02-09-MSP- Christian Familv Matters: Approve Recommendations 2. Award of Contract to Develop Design Standards for Urban Renewal Area, McKibben & Cooper Architects: Approve B. Public Works Department: 1. Water Department Line Item Transfer of Funds - Water Tower RepaintinQ Project: Approve 2. Tabled from April 23, 2002: Award of Contract for Elevated (Water) Tank RepaintinQ Proiect: Approve Meridian City Council Agenda - May 7,2002 Page 2 of3 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 8&&-4433 at least 4& hours prior to the public meeting. C. Parks Department: 1. Kiwanis Meridian Park Master Plan: Approve concept 2. Skate Park: Attorney to prepare contract 5. (Items Moved from Consent Agenda) 6. Continued Public Hearing from April 23, 2002: Proposed Comprehensive Parks and Recreation System and Action Plan: Continue Public Hearing to June 4, 2002 Meeting 7. Latecomers Agreement Request from Jackson's Food Stores: Deny Request 8. Ordinance No. 02-949 : AZ 01-012 Request for annexation and zoning of 70.72 acres from RUT to R-8 zones for proposed Sundance Subdivision by G.L. Voigt Development - northeast corner of East Ustick Road and North Meridian Road: Approve 9. Ordinance No. 02-950 : AZ 01-011 Request for annexation and zoning of 9.79 acres from RUT to C-G zones for Franklin Mini Storaae by Ron Osborne -1975 East Franklin Road: Approve 10. Ordinance No. 02-951 : AZ 02-001 Request for annexation and zoning of 1.14 acres from R-1 to R-4 zones for Marvin and Violet Werth by Marvin & Violet Werth -- 2150 South Locust Grove Road: Approve 11. Public Hearing: PP 02-005 Request for Preliminary Plat approval of 4 building lots and 1 other lot on 20.01 acres in a C-G zone for Willey Subdivision by Roylance and Associates -- 3710 East Franklin Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 12. Public Hearing: MI 02-004 Request for modification of the Findings of Fact and Conclusions of Law and Order of Conditional Approval of Preliminary Plat regarding the sidewalk requirement for Elixir Subdivision by Paul B. Clayton - 521 North Eagle Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 13. Public Hearing: VAR 02-003 Request for a variance from Meridian City Code 12-2-5 regarding the sidewalk requirement for Elixir Subdivision by Paul B. Clayton - 521 North Eagle Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda - May 7, 2002 Page 3 of3 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 7, 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X' X Cherie MXccandless . :x _ Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: c'i/~->yVV'<.-- 3. Consent Agenda: A. Approve minutes of April 9, 2002 City Council Regular Workshop: ?if'JlY:J ve:.. Approve minutes of April 16, 2002 City Council Regular Meeting: c1~I~ Findings of Fact and Conclusions of Law for Denial: VAR 02- 002 Request for variance to allow existing "Bucket Sign" at the Kentucky Fried Chicken restaurant by King Electric Signs - 677 S.E. 1st Street: W~t/1.L Findings of Fact and Conclusions of Law for Denial: CUP 02- 003 Request for a Conditional Use Permit to add one to two additional children after school in existing Family Home Daycare in an R-8 zone for Christina Flovd by Christina Floyd - 567 East Brown Bear Street: ~~rtJlv./L- Findings of Fact and Conclusions of Law for Approval: CUP 02-004 Request for a Conditional Use Permit for an automotive repair business and vehicle parking and storage for Meridian Automotive and Machine by Meridian Automotive and Machine, Inc. - 505 East 1 st Street: a1f7y~t?UL Findings of Fact and Conclusions of Law for Approval: PP 02- 003 Request for Preliminary Plat approval of 8 building lots and 11 other lots on 113.15 acres in an L-O zone for Touchmark Living Center by Touchmark Living Center - south of East Franklin Road and east of South Eagle Road: tfbJ;flh/V<L.-- B. C. D. E. F. Meridian City Council Agenda - May 7,2002 Page I of 3 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 88&-4433 at least 4& hours prior to the public meeting. Findings of Facts and Conclusions of Law for Approval: White Sewer Trunk Project Bid Award: CZ/i1Y,/JV.e- Development Agreement: AZ 01-012 Request for annexation and zoning of 70.72 acres from RUT to R-8 zones for proposed Sundance Subdivision by G.L. Voigt Development - northeast corner of East Ustick Road and North Meridian Road: CPJ?r'/'z- Development Agreement: AZ 01-011 Request for annexation and zoning of 9.79 acres from RUT to C-G zones for Franklin Mini Storage by Ron Osborne -1975 East Franklin Road: arPl7JV~ Development Agreement: Partial Amended Development Agreement between the City of Meridian and Contractors Equipment Supply Company, Inc. (CESCO): c7'f)!'rP(;lX./ South Slough Sewer Project, Engineering Agreement Addendum, J-U-B Engineers: d~Vle- South Slough Sewer Easement - Jim Kissler: ~ ~ Boise River Outfall Engineering Agreement, Keller Associates: ~/r-o,,~ Approve Bills: a?Jh^':?v~ 4. Department Reports: 5" --H. J. M. N. G. I. K. L. A. Planning and Zoning Department: 1. Ada County Development Services file 02-12-CU I 02-09-MSP- Christian Family Matters: ~V1J{. f-eD~?Vh)n....V 2. Award of Contract to Develop Design Standards for Urban Renewal Area, McKibben & Cooper Architects: Ufj?roV,.ti:.-- B. Public Works Department: 1. Water Department Line Item Transfer of Funds - Water Tower Repainting Proiect: Ci-'~JM7 ft'li!- 2. Tabled from April 23, 2002: Award of Contract for Elevated (Water) Tank RepaintinQ Proiect: ~1ft:Z- Meridian City Council Agenda- May 7, 2002 Page 2 of3 All materials presented at public meetings shall become property oflhe City ofMcridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 8&8-4433 at least 4& hours prior to the public meeting. 7. 8. 9. 10. 11. 12. 13. 5. C. Parks Department: 1. Kiwanis Meridian Park Master Plan: af7/YV04? c~cepl- 2< Slude Pt".rvlc_ - a-/-hrvN:-Y fo jJFeI'tZ/1,..( CtT~c;f- (Items Moved from Consent Agenda) ( II) Continued Public Hearing from April 23, 2002: Proposed Comprehensive Parks and Recreation System and Action Plan: C ~ h<<-<- fJ / It. -/v d C</rt.L 4-, 2-.902- mfj Latecomers Agreement Request from Jackson's Food Stores: cWn!f /'tL. f bt.e J I- Ordinance No. tJ Z.- C/ 1'1 AZ 01-012 Request for annexation and zoning of 70.72 acres from RUT to R-8 zones for proposed Sundance Subdivision by G.L. Voigt Development - northeast corner of East Ustick Road and North Meridian Road: al?Yl:J~ Ordinance No. tJ 2 - r SO AZ 01-011 Request for annexation and zoning of 9.79 acres from RUT to C-G zones for Franklin Mini Storage by Ron Osborne -1975 East Franklin Road: t:l7/rvv-<--- Ordinance No. & t - q 5/ AZ 02-001 Request for annexation and zoning of 1.14 acres from R-1 to R-4 zones for Marvin and Violet Werth by Marvin & Violet Werth -- 2150 South Locust Grove Road: ~I/'L. Public Hearing: PP 02-005 Request for Preliminary Plat approval of 4 building lots and 1 other lot on 20.01 acres in a C-G zone for Willev Subdivision by Roylance and Associates :-- 3710 j::ast Franklin Road: a~'y To ~f?tfl..-u: ~/P i el--t Public Hearing: MI 02-004 Request for modification of the Findings of Fact and Conclusions of Law and Order of Conditional Approval of Preliminary Plat regarding the sidewalk requirement for Elixir Subdivision by Paul B. Clayton - 521 North Eagle Road: ~~ -f,::> ;?v!-j?c<---e ~7~ l' cl-e Public Hearing: VAR 02-003 Request for a variance from Meridian City Code 12-2-5 regarding the sidewalk requirement for Elixir Subdivision by Paul B. Clayton - 521 North Eagle Road: ul/1rv~:J fo ~jJtM.LPIf-1{.el..e 6. Meridian City CounCil Agenda - May 7,2002 Page 3 00 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 7, 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie 2. Adoption of the Agenda: Approve 3. Consent Agenda: A. Approve minutes of April 9, 2002 City Council Regular Workshop: Approve Bill Nary Keith Bird B. Approve minutes of April 16, 2002 City Council Regular Meeting: Approve C. Findings of Fact and Conclusions of Law for Denial: V AR 02- 002 Request for variance to allow existing "Bucket Sign" at the Kentucky Fried Chicken restaurant by King Electric Signs - 677 S.E. 1st Street: Approve D. Findings of Fact and Conclusions of Law for Denial: CUP 02- 003 Request for a Conditional Use Permit to add one to two additional children after school in existing Family Home Daycare in an R-8 zone for Christina Flovd by Christina Floyd - 567 East Brown Bear Street: Approve E. Findings of Fact and Conclusions of Law for Approval: CU P 02-004 Request for a Conditional Use Permit for an automotive repair business and vehicle parking and storage for Meridian Automotive and Machine by Meridian Automotive and Machine, Inc. - 505 East 1st Street: Approve F. Findings of Fact and Conclusions of Law for Approval: PP 02- 003 Request for Preliminary Plat approval of 8 building lots and 11 other lots on 113.15 acres in an L-O zone for Touchmark Living Meridian City Council Agenda- May 7, 2002 Page J of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone deSiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 4& hours prior to the public meeting. / Center by Touchmark Living Center - south of East Franklin Road and east of South Eagle Road: Approve G. Findings of Facts and Conclusions of Law for Approval: White Sewer Trunk Project Bid Award: Approve 5-H. Development Agreement: AZ 01-012 Request for annexation and zoning of 70.72 acres from RUT to R-8 zones for proposed Sundance Subdivision by G.L. Voigt Development - northeast corner of East Ustick Road and North Meridian Road: Approve I. Development Agreement: AZ 01-011 Request for annexation and zoning of 9.79 acres from RUT to C-G zones for Franklin Mini Storage by Ron Osborne - 1975 East Franklin Road: Approve J. Development Agreement: Partial Amended Development Agreement between the City of Meridian and Contractors Equipment Supply Company, Inc. (CESCO): Approve K. South Slough Sewer Project, Engineering Agreement Addendum, J-U-B En~ineers: Approve L South Slou~h Sewer Easement - Jim Kissler: Approve M. Boise River Outfall Engineering Agreement, Keller Associates: Approve N. Approve Bills: Approve 4. Department Reports: A. Planning and Zoning Department: 1. Ada County Development Services file 02-12-CU I 02-09-MSP- Christian Familv Matters: Approve Recommendations 2. Award of Contract to Develop Design Standards for Urban Renewal Area, McKibben & Cooper Architects: Approve B. Public Works Department: 1. Water Department Line Item Transfer of Funds - Water Tower Repainting Proiect: Approve 2. Tabled from April 23, 2002: Award of Contract for Elevated (Water) Tank RepaintinQ Proiect: Approve Meridian City Council Agenda - May 7,2002 Page 2 00 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. C. Parks Department: 1. Kiwanis Meridian Park Master Plan: Approve concept 2. Skate Park: Attorney to prepare contract 5. (Items Moved from Consent Agenda) 6. Continued Public Hearing from April 23, 2002: Proposed Comprehensive Parks and Recreation System and Action Plan: Continue Public Hearing to June 4,2002 Meeting 7. Latecomers Agreement Request from Jackson's Food Stores: Deny Request 8. Ordinance No. 02-949 : AZ 01-012 Request for annexation and zoning of 70.72 acres from RUT to R-8 zones for proposed Sundance Subdivision by G.L. Voigt Development - northeast corner of East Ustick Road and North Meridian Road: Approve 9. Ordinance No. 02-950 : AZ 01-011 Request for annexation and zoning of 9.79 acres from RUT to C-G zones for Franklin Mini Storage by Ron Osborne - 1975 East Franklin Road: Approve 10. Ordinance No. 02-951 : AZ 02-001 Request for annexation and zoning of 1.14 acres from R-1 to R-4 zones for Marvin and Violet Werth by Marvin & Violet Werth -- 2150 South Locust Grove Road: Approve 11. Public Hearing: PP 02-005 Request for Preliminary Plat approval of 4 building lots and 1 other lot on 20.01 acres in a C-G zone for Willey Subdivision by Roylance and Associates -- 3710 East Franklin Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 12. Public Hearing: MI 02-004 Request for modification of the Findings of Fact and Conclusions of Law and Order of Conditional Approval of Preliminary Plat regarding the sidewalk requirement for Elixir Subdivision by Paul B. Clayton - 521 North Eagle Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 13. Public Hearing: VAR 02-003 Request for a variance from Meridian City Code 12-2-5 regarding the sidewalk requirement for Elixir Subdivision by Paul B. Clayton - 521 North Eagle Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval Merid ian City Council Agenda - May 7, 2002 Page 3 of 3 All materials presented at public mcetings shall bccomc property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clcrk's Office at 8884433 at least 48 hours prior to the public meeting. Meridian City Council Regular Meeting May 7, 2002 The regularly scheduled meeting of the Meridian City Council was called to order at 6:30 P.M., Tuesday, May 7, 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, Mike Worley, Gary Smith, Brad Watson, Will Berg, Shari Stiles, Ken Bowers, Bill Musser, Tom Kuntz, and Dean Willis. Roll Call: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird Item 1: Roll-call Attendance: Corrie: Okay. I will open the Meridian City Council regular meeting on Tuesday, May 7th, 2002, at 6:30 p.m. and at this time I'd like to ask the Clerk for roll-call attendance, please. Item 2: Adoption of the Agenda: Corrie: Thank you. Welcome everybody here this evening. Kind of a sparse crowd, but maybe we can get through a little early before 10:00 o'clock tonight. We will see what happens. Council, we have the -- Item No.2 is the option of the Agenda. Any additions or corrections to the printed Agenda? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve the Agenda as noted. Corrie: Okay. Is there a second? De Weerd: Second. Corrie: Okay. I think that I forgot to mention that, Tom, you wanted do a number two on your department report? Kuntz: Thank you, Mayor. I would just like to add the construction agreement for the skate park under Item No.2. Corrie: Okay. Mr. Bird. Meridian City Council Meeting May 7. 2002 Page 2 of 67 Bird: And a motion to accept that. De Weerd: Second. Corrie: Okay. Motion has been made and seconded and been approved. Any other discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I just wanted to make note for the record I had asked Mrs. Stiles prior to the meeting tonight on Item 3-D if she was going to follow up to be sure that Ms. Floyd -- part of the finding was that she had her fees reimbursed to her for that Conditional Use Permit and Mrs. Stiles was going to follow up with that and make sure that that got taken care of. Corrie: Very good. Thank you. Any further discussion? Okay. All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. Approve minutes of April 9, 2002 City Council Regular Workshop: B. Approve minutes of April 16, 2002 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Denial: VAR 02-002 Request for variance to allow existing "Bucket Sign" at the Kentucky Fried Chicken restaurant by King Electric Signs - 677 S.E. 1st Street: D. Findings of Fact and Conclusions of Law for Denial: CUP 02-003 Request for a Conditional Use Permit to add one to two additional children after school in existing Family Home Daycare in an R-8 zone for Christina Floyd by Christina Floyd - 567 East Brown Bear Street: E. Findings of Fact and Conclusions of Law for Approval: CUP 02~004 Request for a Conditional Use Permit for an automotive repair business and vehicle parking and storage for Meridian Automotive and Machine by Meridian Automotive and Machine, Inc. - 505 East 1st Street: F. Findings of Fact and Conclusions of Law for Approval: PP 02-003 Request for Preliminary Plat approval of 8 building lots and 11 other lots on 113.15 acres in an L-O zone for Touchmark Living Center by ( Meridian City Council Meeting May 7,2002 Page 3 of 67 Touchmark Living Center - south of East Franklin Road and east of South Eagle Road: G. Findings of Facts and Conclusions of Law for Approval: White Sewer Trunk Project Bid Award: H. Development Agreement: AZ 01-012 Request for annexation and zoning of 70.72 acres from RUT to R-8 zones for proposed Sundance Subdivision by G.L. Voigt Development - northeast corner of East Ustick Road and North Meridian Road: I. Development Agreement: AZ 01-011 Request for annexation and zoning of 9.79 acres from RUT to C-G zones for Franklin Mini Storage by Ron Osborne - 1975 East Franklin Road: J. Development Agreement: Partial Amended Development Agreement between the City of Meridian and Contractors Equipment Supply Company, Inc. (CESCO): K. South Slough Sewer Project, Engineering Agreement Addendum, J- U-B Engineers: L. South Slough Sewer Easement - Jim Kissler: M. Boise River Outfall Engineering Agreement, Keller Associates: N. Approve Bills: Corrie: Item NO.3 is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Item H, the development agreement with Sundance Subdivision, I would like to move to 5-H, so we can have a discussion -- a little of discussion on it. I don't believe three is anything else that we need to -- other than the fact that Mr. Nary already has noted, Item 3-D that Mrs. Stiles will see that Mrs. Floyd is given back her money. Corrie: Okay. Bird: With that I would make a motion we approve the Consent Agenda with the change. McCandless: Second. Meridian City Council Meeting May 7,2002 Page 4 of 67 Corrie: Okay. Motion has been made and seconded to approve the Consent Agenda with the change. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 4: Department Reports: A. Planning and Zoning Department: 1. Ada County Development Services file 02-12-CU / 02-09-MSP - Christian Family Matters: Corrie: Item No.4 is the Department Reports. Planning & Zoning Department, Mrs. Stiles. Stiles: Mr. Mayor and Council, we have received an application from Ada County Development Services for some property within our area of impact. The property is located approximately one quarter mile east of Ten Mile -- Ten Mile Road and south on Overland Road. Right here. The property is adjacent to existing city limits. However, there is no sewer or water available at this time. The applicant proposes an outdoor church facility with potential for a full-time church facility in the existing barn, should they be able to bring that up to meet uniform fire and building codes. They are proposing outdoor portable sanitation facilities at this time. They are also proposing that the entrance to the facility be a gravel road and that this would be the area of asphalt. They would have the driveway and the actual parking for the cars would be in gravel on this site. The meeting area for the facility would be here. They would -- they are proposing, at least in my discussions with Mr. Don Weber, who is here tonight, that they may have some type of community farm out here. There are existing animals on the property. If you have questions Mr. Don Weber is here, he could answer anything you might have to ask him. I just wanted to kind of get your guidance on how to prepare the letter to Ada county and just what our ordinance requires -- and I realize that our ordinance does not apply within the area of impact, but we can make our comments based on our existing ordinances. That would involve the requirement for a 20 foot wide paved access. Also the requirement for the paved parking stalls and associated landscaping that is required per ordinance. Overland Road is currently designated as an entryway corridor as well, which would require the 35 foot landscape setback beyond right of way. I didn't know quite which direction to go, whether the city would be willing to recommend this on a temporary basis with the request that it come back annually or some kind of twilight condition that when the remaining improvements should be made, I just -- because of the type of development it is and my needing some direction from Council, that that's the reason I put it on the Agenda for you to make any comments and give me some direction on how to prepare the letter. Meridian City Council Meeting May 7, 2002 Page 5 of 67 Corrie: Okay. Questions that Council might have? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Shari, is this in the area of the Black Cat Trunk Line? Is that the sewer trunk that it would eventually hook up to? Stiles: Yes, it is. De Weerd: Okay. And if we could give like a real shot in the dark on a projected date that we would have for Black Cat Trunk, what would that be? Stiles: I don't think there is a time we can tell you. It's all conditioned on development out there. I mean that's -- developers are going to drive that. The city has budgeted no money toward that. I don't know if it's going to be Council's decision to earmark any money toward that line at this time. De Weerd: We do have a master -- a sewer master plan. Is there any time frame associated with that, Brad or Gary? Stiles: The master plan really just deals with the service areas and the actual design of the trunk sewer. I'm not sure that any time lines are associated with it at this time. There are no time lines associated with that. Smith: Council Member de Weerd, Mayor and Council, I think up to the Interstate on the north side of the Interstate we are budgeting some design money for next year, next budget year. That would get us designed to the north side of the Interstate. Beyond that we don't have any plans to go farther south and east. That construction of that line would be predicated on the development of the interchange and there is some other folks that are involved there with property on the north side of the Interstate, but going south from Interstate we just don't have any. There hasn't been any inquiries or there haven't been any plans, other than our master plan. De Weerd: So at this point it's pretty much development driven, like Shari said? Smith: Yes, ma'am. De Weerd: Okay. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mrs. Stiles, this is simply a comment of the county in regards to this application. ,/ " Meridian City Council Meellng May 7,2002 Page 6 of 67 Stiles: Yes, Nary: So I guess my thought is what's the past practice of the city been with developments in the area of impact in this particular scenario? Has it predominately been to -- that the comment was we would look it to be compliant with our current ordinances if they were, so that when we have the ability to annex them it would be compliant? Stiles: Yes. Nary: Has that been the standard response? Stiles: Yes. Nary: So it's not really an opposition to the development, it's simply a request for the county to comment that it be compliant with our code, so that it would be a seamless sort of annexation if that was the point. Stiles: Yes. Nary: I guess. I'm not sure that needs to be anything different, unless you have got something. That's make the most sense to me. Bird: I would concur with that, Mr. Mayor. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess it would be difficult to be compliant to our code when sewer is not available out there and they would not be able to hook up in that sense. With the lower impact usage I just -- I do think we have to mitigate the gravel road to a certain extent or provide comment on that, in light of the air quality issues that are associated with that, but pavement seems a little bit extreme. So I guess I don't know what the balance is on that and I -- the only other item I guess I would bring up is more the portables and where they would be located and how they will be shielded from, you know, view. Port- a-potties are a necessity, but they are not all that attractive. So I guess it would be appropriate to have maybe the applicant come up and talk about their vision and give us a little bit more detail, if Council would agree to that. Mr. Mayor? Corrie: Okay. Fine. Weber: Thank you. My name is Donald Weber. Maybe a little background of what we are trying to accomplish here. Currently in the warm months we are meeting at the Lonesome Dove Ranch for an open air Bible fellowship, made up primarily of families from the Treasure Valley, and in the colder will months we have been meeting in the Boise Senior Center in the last few winters. We have a real desire to have a property to Meridian City Council Meeting May 7,2002 Page 7 of 67 call our own and what we are looking at is really multi-function property, where we can have an outdoor Bible fellowship like we have done at the other facility, work to get this steel barn up to code and get that property to be able to meet in that in the cold months and that would be a project in itself to be able to do that and also have a residence there where a family can live at the facility and then as Shari mentioned, the front part, approximately two acres, we want to do some family cooperative farming projects, family gardens, so to speak. So this property really fit the bill for what we were looking for. What we are not looking to do is to greatly change the esthetics of the property, we really want to keep that within what's around there. As you probably well know, a little correction on where it's actually located. It's not east of Ten Mile, it's just east of Under, in between Under and Meridian, about a quarter mile down to the east of the Western Electronics facility. So you do have -- you do have quite a bit of variety over there at this time. There is light industrial across the street, down the street, commercial down the street on Meridian and Overland and then there is a number of properties still, like this property, approximately five acre older homes, 25 year old homes, So we, in this whole process of application we have taken some time to try to meet with some different agencies and I just met with Shari last week to talk about some of these items. I have met twice with Joe Silva, the assistant fire chief of Meridian, because we wanted to make sure that we satisfy concerns of fire protection and we met with ACHD, I've had a couple meetings with them talking about apron and access into the property and so on. The discussions I've had with Joe Silva -- and, actually, he wrote a letter in regards to the things that he would probably -- the things that he would require as far as getting a fire truck on the property should we need to deal with a fire issue and one -- could we go back to that original master site plan? That might help a little bit. Maybe the one concern he said was the width of the road, which along the edge of the road to the fence post is 16 feet wide and he asked us if we would move the fence post over to make it 20 feet wide, which is certainly doable. The other issue he talked about was a turnaround and he gave us different descriptions of the types of turnarounds you could have for fire trucks and what we did is we proposed a turnaround and I went over that with him as far as -- I don't have the actual measurements -- okay. Here we go, Sixty feet by -- we have 83 going in. He approved that as far as the proposed -- what he called a fire -- hammerhead fire truck turnaround and after the first meeting they did bring a fire truck up the road and tested the turnaround and we are currently in escrow on the property, so that fellow told us they got a visit from a fire truck. I do have a letter from Joe Silva -- De Weerd: I guess those kinds of visits are hard to hide. Weber: Yeah. And we talked about actually the pavement versus the surface that's there now, which is very hard packed gravel and what he proposed was is putting two inches of three quarter inch crushed rock going all the way back, as far as the truck going back. That would be one of my requests to you, if that is your comment, is once, again, we want to try to stay what's esthetically pleasing in the area and keep within that. We are not planning on putting up billboards and huge signs or nothing -- nothing of that nature. We are -- it's really going to be kept in the same way it's kept now, except for the alterations that we will need to make to be in compliance with the different agencies. ACHD did propose that we put the apron -- a 30 foot -- 30 foot deep apron, Meridian City Council Meeling May 7, 2002 Page 8 of 67 which we are going to put with a shared driveway to the neighbor to the east there and then we also will have to designate a slice of the property in front, 48 feet from center line, to the property and then provide a five foot sidewalk for what they plan to do in the future. They tell me that 2007 is the possible date that they are talking about expansion on Overland, the widening of Overland. What I also brought is just some pictures of the property, because I know that doesn't do it as much justice as what really the property is. This is the north face -- the north end of the property, so if you were standing on the light industry looking back, that's really the view -- that would be a panoramic view looking at the property looking south. Here is if you're standing here looking to the north is the light industrial. I believe Gary Bodily owns this property right across the street here and has something proposed in the future on that. The driveway heading up, as you can see right here where the white car is, it's just a long driveway heading all the way up to the structure. The structure is -- the home is set back quite a bit on the property and then the steel barn is sort of behind that and you can see the property there, the actual home, and then here is the interior of the property where we would actually be having our fellowship. It's got a very large lawn area in the back of the property and adjacent to that is the steel barn that we are proposing to improve and bring up to code. Your question was on the port-a-johns. The port-a-johns -- Armstrong: I'm Dan Armstrong with Crystal family letters and this illustration is the barn and those would be put behind the barn, which would be south. So they wouldn't be visible at all from Overland or anywhere near that. Weber: I have a letter also from Mike Reno at the Central District Health, the senior environmental health specialist. We met with him also about this port-a-john issue and what he wrote was a letter -- and I did not make copies of that. I could pass that around if you like in regards to -- Nary: Just read it. Weber: Okay. In response to inquiries about the property located at 1345 West Overland Road, Central District Health would not require a septic system to serve the barn if it did not have any plumbing fixtures inside the structure or the structure was not served by water under pressure. As you plan to have events where portable sanitation units will be provided, please see attached pages for the State of Idaho technical guidance manual for individual and sub surface sewer facilities. They are providing that the numbers of portable sanitation units recommended based on the size and duration of the events. Our only other recommendation would be that you allow people to park -- or not, rather, allow people to park or drive over the septic drain field. The septic drain field, of course, is where the lawn area is, so there will be nothing parked over there, it would just be where people meet and kids play. He gave us a ratio as far as for port-a- johns and for the amount of people we would be serving that required four port-a-johns. We are proposing to put those on the back of the barn, which is facing south and I believe 80 acres of open property, so we want to keep that really kind of out of sight where the neighbors aren't going to be staring at port-a-johns. There is also quite a hedge row along the property, which when we took these pictures they weren't in bloom. The whole length of the driveway pretty much is a very private hedge row and then on Meridian City Council Meeting May 7, 2002 Page 9 of 67 the other side of the property, the far end, there is some very large mature trees along there. We are also proposing to plant some more trees along the border, just to make it more esthetically pleasing and a little more private. So we have met with all the neighbors on the property, we had our neighborhood meeting, and that was actually very favorable, people had some very good, honest questions on what we proposed to do. I can honestly say we really didn't get any opposition and I did a follow up on that and talked to a few more recently, the immediate neighbors bordering the property, just to see if they had any further questions and they were very supportive of what we are planning to do there and I believe they understand what we are proposing to do as well. Corrie: Okay. Any other questions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I do just have -- you are planning to asphalt the parking area? Is that what I understand? Weber: We are certainly willing to listen on that, what you propose. I mean we are -- part of it is already asphalted, the turnaround is currently asphalted. We are certainly not opposed to that. If you think it would look better with a crushed rock surface esthetically, we will follow your guide on that. So we are not -- we are certainly not opposed to that. De Weerd: Okay. I -- you know, it's kind of one of those things that the city and county- - regionally we have made a commitment to really lessen the amount of dust particles and air quality type of issues, so that is something that we need to remain sensitive to and to make sure that a lot of those issues are mitigated in a certain way. So that would definitely be part of our recommendation. I don't know necessarily if I think it's reasonable to asphalt that whole road, but certainly it would need some kind of treatment, so -- what kind of treatment? Oil or -- I don't know what -- Weber: Joe Silva was proposing to do the two inch -- three quarter inch crushed rock down that -- widen the road from 16 to 20 feet and put crushed rock down, which -- Corrie: You might have to check with ACHD on what they can put on that. I don't know. Stiles: Do they care? Corrie: Do they? Well, yeah, they do care. They do care now, because we have got an air shed problem up to -- dust abatement that we have the air enforcement lawsuit, we have to cut down so much and then they have got something that they would have on that. Shari. Stiles: Mr. Mayor and Council, their comment has typically been on a private roadway that it's not within their jurisdiction. All they ask for is that 30 feet from the existing right Meridian City Council MeeUng May 7,2002 Page 10 of 67 of way be paved and that's kind of where their issues have stopped, unless they changed it just in the very recent past that's what their comments are. De Weerd: Is that ACHD or the county? Stiles: That's ACHD. De Weerd: Okay. But the county and the -- or the municipalities, they are the ones that can put those kinds of conditions on it. Stiles: Okay. De Weerd: So, you know, it would be something that perhaps we can ask staff to look into on different types of treatments where there is pavement or asphalt and the crushed rock, that's more of an issue of -- that trucks won't sink into the type of road that you're putting in there. Doesn't have anything to do with dust mitigation type of issues, so -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I also believe that once they are set up you go from a private lane to a public lane; am I not right, Shari? Stiles: I'm sorry. Bird: Once they set up their services up there that goes -- that would be a public lane, not a private lane. Stiles: No. It could -- it apparently is going to be considered a driveway, really. If they have a private lane they would have to go through the process with the county, whatever that is. They have a whole application process to go through a private road designation and then they would have their blue sign out on Overland Road and -- I believe they are just calling it a driveway at this point. Bird: Driveway. Okay. Corrie: Any other questions or comments, Council? Bird: I have none. Corrie: Okay. Thank you. Weber: Thank you. De Weerd: Mr. Mayor? Meridian City Council Meeting May 7, 2002 Page 11 of 67 Corrie: Mrs. de Weerd. De Weerd: Mr. Weber, I guess I do have one more question. I don't know the longevity of the plans that you have, but once we do have sewer or we are contiguous -- your piece of property would be contiguous to the city, would you be agreeable to annexing in and hooking up to these services? Weber: Sure. De Weerd: I think I do remember seeing that addressed in Susan Wildwood's letter, but I did want verbal confirmation of that. Weber: Sure. We would be happy to do that. Actually, look forward to that service coming down when it does. De Weerd: Okay. Weber: Sure. De Weerd: And then at that time we could ask that you bring things up to our city code and you would be agreeable to that as well? Weber: Certainly. De Weerd: Okay. Thank you very much. Weber: Thank you. Corrie: Shari, are you -- Stiles: I'd just like to point out that the property is contiguous to the city limits at this point. De Weerd: Oh, it is? Corrie: The sewer is the problem. De Weerd: But we don't have services available. Stiles: But our ordinance would not require them to hook up to sewer and water, I believe, until they are within 300 feet. Isn't that what it is, Gary? They don't have to hook up to services until it's within 300 feet of a line. De Weerd: Okay. Corrie: Okay. Meridian City Council Meeting May 7,2002 Page 12 of 67 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess if staff is looking for instructions, I will attempt a motion to recommend approval -- that the city would recommend approval of this application with -- with the fire department's comments on the road width being improved to the 20 foot. The hammerhead turnaround. That the applicant would proceed with an application to annex into the city once we have city services available within 300 feet of the property and at that time bring the property up to city code and to address the gravel road issues with the appropriate dust mitigation and that any signs would go through a certain permitting process that staff could designate -- make up. Bird: I will second that. Stiles: J don't think the county would go for that. De Weerd: You don't think the county would go for that? Well, the city would have the opportunity to comment on any sign application. Stiles: We would request that. Corrie: Okay. There was a second on that. Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And maybe this is more of a process question, but I did see in the letter from Mrs. Wildwood that they had actually requested initially to be annexed into the city and were told at that point that it wasn't probably necessary, because we didn't have sewer and water available. Yet the city is right across the street and they wouldn't have to hook up. We have certainly annexed other properties that weren't hooked up to sewer and water. So from a process question why did we do that? Why didn't we just let them annex into the city now, because that's what they asked for, with the understanding that they couldn't hook up to sewer and water until it was available. Why did we do that? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess we get into the problem of we do have a policy as we annex property in that we do need to be able to service them and that would put I think a legal burden on the city to provide those services where we have no plan at this point or financial commitment to bring in services to that area at this point. I guess that would be my concern. Meridian City Council Meeting May 7. 2002 Page 13 of 67 Corrie: Couldn't you develop it over that way? Nary: I mean we did with other developments with the understanding that when they would be able to hook up to service they would take that as it comes. So I don't know why this is different. I don't understand, from a policy standpoint, why not, since what we are asking for it seems like it would be probably an issue in the future that may just crop up when we can't provide services and they don't want service and the city doesn't want that in an involuntary type of annexation. It is in our area of impact and we realistically are supposed to be able to provide services in the time period anyway. So I guess I'm just curious from a process standpoint why did we do that? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Mr. Nary brings up a good point. Shari, can you enlighten us on why they were told that we would not annex it? Stiles: Part of the reasoning was that they don't require a rezone. They are not requesting a rezone, they can do this with a Conditional Use Permit in the county. They are not proposing to comply with our ordinances. In fact, we are not financially capable at this time of being able to comply with our ordinances. Another issue is the property they are adjacent to was annexed many years ago and we are running into the same problems with it, we have annexed property and have committed ourselves to allow building permits out there when they have no sewer or water available to them. So I guess you're presupposing they will be able to come in for a building permit -- to annex somebody in and then say, well, you can't build anything, because you have no sewer or water is kind of at cross-purposes, I think. So we don't see any reason annex it into the city. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I would agree with that and, you know, we have done a number of things in the past that I would hope we don't continue to do. So, you know, that's never been a good argument for me. But, too, you know, if we would begin to annex, the next person over might have expectations and not the willingness to wait that we do provide services to them and, you know, it would just get into a sticky situation. So that's one I would like to avoid. I do see that there would be certain requirements upon annexation that the applicants would have to do that I don't think at this point that they are able or wanting to do. So I kind of like their proposal to keep it rural in flavor anyway and that is very compatible in the county. So not that I wouldn't want your organization as part of our city, but as you're proposing it, it sounds like it's going to be a real win situation for everyone out there at this point, so I have a call for the motion. ; '. Meridian City Council Meeting May 7, 2002 Page 14 of 67 Corrie: Okay. Motion has been called for. All those in favor of the motion made say aye. Opposed no? Motion is carried. MOTION CARRIED: ALL AYES. 2. Award of Contract to Develop Design Standards for Urban Renewal Area, McKibben & Cooper Architects: Corrie: Okay. Thank you. The second part, Shari. Stiles: The next item I have is for a contract to develop design standards for the Urban Renewal Area. We did go through and request for statements of qualification or proposals on preparing these design standards. It's somewhat kind of interchangeable between Planning and Zoning Department and the Meridian Development Corporation. As part of the overall plan -- Tammy or Keith may be able to explain this better, but as part of the overall plan it is desirable to have some types of standards within the Urban Renewal Area and also in our strategic plan that has been prepared for our department, one of our action items is to develop these downtown development standards, so they are not required to go through Conditional Use Permits on everything. Currently downtown in Old Town just about everything requires a Conditional Use Permit. That may have been useful in the past and has been still useful due to the fact that many of the residences downtown are turning into commercial property, sometimes with approval, sometimes without approval. But we felt that once we get these design standards in place everybody knows up front what the conditions are, they are not having to run through a Conditional Use Permit. We are encouraging the downtown to develop and not putting such road blocks in the way for filling up the downtown and making it a more viable place. The contract is up for a maximum 13,000 dollars. McKibben & Cooper Architects were the ones that prepared all of the information for the Treasure Valley Futures project. They do have quite a bit information already that they can use in developing these standards. Sub districts have already been worked out regarding a core area, because what we were discussing with them is you come up with different parking standards for different parts of the Urban Renewal Area, even to have that maximum parking allowed for certain sections within the city to encourage more of a walking atmosphere. But all of this would have to come back before the City Council as Public Hearings once we came up with the proposal to change the ordinance. What we see as the product for this would be a separate design manual kind of along the same lines of what Boise city has done. Boise city is probably not quite up to actually developing standards, but is more an overall guide with no set -- real set standards. It's almost a -- I don't know how you explain it. Almost kind of an explanation, really, of what their historic district is and Mr. Nary may be able to expound on that, but I'm talking too much, so if you have any questions about the contract we would ask that the contract be awarded to McKibben & Cooper Architects in an amount not to exceed 13,000 dollars for the development of the design standards for downtown Meridian and the Urban Renewal Area. Corrie: Helps us understand a little better. Thank you, Shari. Comments, Council? Meridian City Council Meeting May 7,2002 Page 15 of 67 Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would just like to make a statement that this is something that we have to proceed with if we are to get a development deal down there. It's -- as you can see in McKibben & Cooper's outline, it's a pretty quick process that they are doing, so that we can have everything on board by December 1st to make it go this year. So it's something that regardless of whether you have urban renewal or development downtown, it's something that you need to give guidelines, so like Shari says we are not having to do CUPs every time something comes downtown. It's something that's probably long overdue to do it, so -- Corrie: And I know you're a martyr for CUPs. Bird: Oh, I love CUPs. You guys know that. I think I got a partner down there in Mr. Nary. He likes them about as well as I do. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think it's -- I mean I think this is a good agreement. I think it's a good thing to have. I'm curious, though, since the begriming of services is supposed to be in April of this year, why is it coming to us on May 7th and not prior to April? Stiles: That agreement had been through the city attorney's office, it went back -- it was before the Meridian Development Corporation. We had hoped to have it to Council prior to this, but the consultant, luckily enough, was agreeing to proceed despite not having a contract in hand. The contract has just been made available as a final document. We did spend quite a long time working on the scope of work and refining that to make sure it was understood what we expected and that they understood what we wanted, so -- Nary: It looks like the Development Corporation didn't look at this and see that this was on the 2nd of April; is that right? Stiles: We had submitted it to members within the Development Corporation. They were also present at interviews to -- or actually reviewed the statements of qualification that came in and made their recommendation for that and so they are behind it and they had made -- I think you acted at your last meeting to recommend this be approved. Bird: Yes. Stiles: So that's kind where we are at. Nary: Okay. Thank you. Meridian City Council Meeting May 7, 2002 Page 16 of 67 Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: If there are no more questions, I would move that we enter into the personal service contract agreement for Downtown Design Standards Project with McKibben & Cooper Architects at 515 West Hays Street, Boise, Idaho. 83702. And for the Mayor to sign and the Clerk to attest and not to exceed 13,000 dollars. Nary: Second. Mayor: Okay. Motion has been made and seconded. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRI ED: ALL AYES. Stiles: Thank you. B. Public Works Department: 1. Water Department Line Item Transfer of Funds - Water Tower Repainting Proiect: 2. Tabled from April 23, 2002: Award of Contract for Elevated (Water) Tank Repainting Proiect: Corrie: Public Works Department. Smith: Thank you, Mr. Mayor and Council Members. The first item I have is a request for a line item transfer of funds on our Water Tower Project. We received three bids for recoating the exterior of the water holding portion of the elevated tank and recoating the complete exterior of the tank from top to bottom. The low bid was S & S Coatings, $234,050. And Gateway Company, S & S -- they have local a representative. I think their main office is in -- is in Washington, I believe. Gateway Company out of Utah bid $249,425 and Robison-Prezioso from Los Angeles bid it at 375,400. The engineer's estimate was 209,799. Apparently the discrepancy between the engineer's estimate and the low bid was an expense of the scaffolding inside the water tower. It was much more expensive than what the engineer had estimated it was going to be. We presently have in the recoat -- tank recoating or water tower upgrade line item $131,801 and we are requesting this line item transfer of funds to come from our water line extensions project or account to the water tower upgrade in the amount of 170,000 dollars. This additional money would also include the remaining cost for engineering and our inspection services and we have retained a consultant to do the inspection on the paint and you have already approved that contract -- previously approved that contract. His name is Dave Jahn. J-a-h-n. But our request tonight is kind of two part. One is the line item transfer of funds and the second part would be our request to award the contract to Meridian City Council Meeting May 7. 2002 Page 17 of 67 S & S Coatings for repainting of the water tower. Do you have any questions that I could answer on this request? Corrie: I guess not, Gary. Thank you, Council, if there is no discussion, ['II entertain a motion on the water tower repainting project and transfer of funds. Bird: Yeah, Transfer of funds. Corrie: Correct. Mr. Bird. Mr. Nary. Nary: Mr. Mayor, I would move the approval of the line item transfer of funds to the water tower repainting project, to move the 170,000 dollars from one account to another to cover the cost of this upgrade of the water tower. Bird: Second. Corrie: Motion has been made and seconded. Is there any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES, Corrie: Okay. I'll entertain a motion, then, on the request for award of contract for the Elevated Water Tank Repainting Project to S & S Coatings, Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of the E[evated Tank Recoating Project to be awarded to S & S Coatings, the low bidder, in an amount not exceed 234,050 dollars, for the Mayor to sign and the Clerk to attest. Bird: Second, Corrie: Motion has been made and seconded. Any further discussion? Bird: Yes, Mr. Mayor. Corrie: Mr. Bird. Bird: In your motion it's not to exceed. That is the actual contract amount. Right? Nary: Yes. Bird: Agree? Nary: Yes. Meridian City Council Meeting May 7, 2002 Page 18 of 67 Bird: Second agrees. Corrie: Okay. Gary? Smith: Mr. Mayor, Council Members, in the bid document there are some unit price items and we are not sure how it's going to evolve in terms of possible repair inside the tank, weld the repair, so that could go one way or the other. You know, we may -- you may see a different amount on this, depending on the actual quantities that are -- of the repair work that are done. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: That's why we don't want not to exceed there, because if we limit it to not to exceed, we can't have any change orders or anything, which we know you're going to have and this was a contract -- if you just put the amount of the contract, then you have your change orders, your adds or deletes or stuff, but if you put not to exceed, then you would have to come back in for everything. Nary: So, Mr. Bird, do I understand, we are awarding the contract-- Bird: We are awarding the contract for 134,050 dollars. Nary: Fifty dollars. Bird: Yeah. Nary: Okay. Bird: Yeah. And not any not to exceed at all on it. Smith: Right. Okay. Thank you very much. Nary: Thank you for clearing that up. Corrie: Any further discussion? Okay. All in favor of the motion say aye. Opposed no? All ayes. Motion is carried. MOTION CARRIED: ALL AYES. Smith: Thank you, Mayor and Council. C. Parks Department: 1. Kiwanis Meridian Park Master Plan: Meridian City Council Meeting May 7, 2002 Page 19 of 67 Corrie: Thank you. Mr. Kuntz. Kuntz: Thank you, Mayor and Council. The parks staff has been working closely with the Meridian Daybreakers Kiwanis Club, who have spent numerous hours putting together and revising a master plan for the future Kiwanis Park, which is a nine acre site located contiguous to Los Alamitos and Thousand Springs Subdivision. The Parks Commission approved the master plan at their April meeting. The Kiwanis Club held an open house and barbecue last week. There was approximately 150 neighbors from Thousand Springs and Los Alamitos who showed up for the event. They had comment sheets available at the open house. There were 14 comments and that response was very very positive. And there is a representative from the Kiwanis Daybreakers here tonight, Michelle DeBaron, who would like to review the master plan with you real briefly and would ask for your approval on the master plan. We will move ahead with a formal agreement with the Kiwanis Club and then into some design construction phases and construction phasing. Again, all this will be done at the Kiwanis cost in either dollars or donated services. Corrie: Okay. Okay. Give your name and address for the record. DeBaron: Michelle DeBaron, 6141 Cadwell Lane, Boise, Idaho. I'm president of the Meridian Daybreaker Kiwanis, as Tom mentioned. Several nights ago we proposed to the presidents of the other Division Six Kiwanis Club, there is ten clubs in Division Six, to do a cooperative project through Boise valley and when we proposed a park with the City of Meridian it was overwhelmingly received by all clubs through Boise and Meridian. We have been working with Darren Gilbert from Pinnacle Engineering, who has been donating his time on this master plan. I believe everyone has a copy of the plan and I can kind of walk you through this. The park -- the main park entrance is going to be at the East Three Bars Road through the subdivision. We have immediately into the entrance a parking -- a lot with 24 spaces. We know -- we are proposing approximately two-thirds of an acre pond for irrigation and amenity purposes. We have a pedestrian pathway that follows the entire area of the pond and kind of comes down this odd shaped little section right through here. We have a public restroom facility proposed here. Sheltered areas. We are in the design process of putting together climbing boulders, which will have certain fall specs to them, as well as a ground fall area. They won't exceed, I believe, nine feet, but mostly just for kids to climb around on and adults to climb around on if they are so inclined to. Playground equipment through here and through this large area right here. We have a play field. We are going to put a backstop in this area, but no lines or anything, so it can be used for softball, soccer, anything right through that area. You can see picnic tables and grills at different areas throughout here. On this northeast corner we have two half basketball courts. Along this area through here we are proposing to do exercise stations, kind of develop a par course along the way. We have added walkway accesses on the west side, the north side, and, again, a pedestrian access from this far east side, I guess, for this development that's going to be put in through right here. Currently this -- the west side and the north side is adjacent to Mountain View High School being developed. There is currently a chain link fence in place. We have had one meeting with the Meridian School Meridian City Council Meeting May 7,2002 Page 20 of 67 District. We hope to be able to follow through as we work in developing here. Their contention right now is to leave that fence entirely intact with no gateways. They stressed to us they have no use for this park. We hope that they will change their minds and would see some functional use for high school students within this area. I think that's kind of everything. If you have any questions at this time. Corrie: Any questions? Bird: I have none, Mayor. Corrie: I think it's a great project. I'm still trying to talk the school into using the fence a little different than they have. DeBaron: We appreciate that. If even we had -- if not, two small open accesses or we'd even put in a gateway to lock and maybe just have access, We thought by putting in these basketball courts up here in the spring you would see high school students in pick-up games and potentially there is the biological study of the pond. But we hope to keep working on that. As Mr. Kuntz mentioned, we had a public meeting last Thursday out on the park site. We had members from our clubs went out, graded it, picked up about three truckloads of trash that was out there and just then sat down and took out about a thigh's height worth of weeds that were existing out there and we hope with the approval from the City Council we will be able to move forward with some more intricate design aspects of it. At that occasion we did have, as Tom mentioned, about 14 comment cards. The majority of them were very very positive. We also had sign-up sheets for neighbors to participate, because we will be putting this together through volunteers hours, donations, and fundraising and we had over 70 individuals sign up to come out and move dirt, build playground equipment, or however they might contribute. So it tells me that the neighbors would like see something happen out there. Corrie: Good. Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Just a comment. I know a lot of thought and work has been put into this and sure appreciate it and I tried get out there last week, but my daughter came down ill, so we weren't able to go. But it sounds like it was a huge success and I, as a Kiwanian, I know all these clubs are very excited about this project and being a part of the park project and look forward to seeing it develop. I appreciate your leadership, Michelle. DeBaron: Thank you. Corrie: And Gordon Harris. Make sure he knows that, too. Bird: Mr. Mayor? Meridian City Council Meeling May 7, 2002 Page 21 of 67 Corrie: Mr. Bird. Bird: I have got a comment on it. I want to -- I'm like Tammy, I want to thank the Kiwanis Club for taking the leadership and I think that this shows that we are still a very nice community, that we can have partnerships like this that work, you know, and that's how you build communities is through partnerships and a lot of people's blood, sweat and tears that they put in out there to do it. This is a real addition out there and I admire you guys, the Kiwanis, for doing this and as a taxpayer of Meridian I thank you. You're saving us tax dollars and we appreciate it. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess a question for Mr. Kuntz, since we don't have a park naming policy, that we go ahead and get this item officially through the Commission that we can officially name this park and just to expound on what Mr. Bird has said, it's really admirable that Kiwanis has reached out into the neighborhoods as well and we have 70 people willing to help out. That's what community parks -- you know, and I know this isn't technically the definition of a community park, but it sure is taking on the definition with all the participation of the countywide Kiwanis Clubs and the neighbors, it's truly exciting. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I thought we had already named it. Kiwanis Meridian Park. I think that's -- I thought the Commission kind of went along with that, too. Kuntz: Councilman Bird, I would sure agree with that, but we can certainly -- we have a meeting tomorrow and we can run it back through. Bird: Okay. Corrie: This isn't a Public Hearing, so if you have got anything that you -- opposed to that we will have to do it later, but -- is he with you or -- no. Okay. Munk: Actually, I was at the meeting the other night and -- Corrie: Come up here, please. Name and address, please. Munk: Yeah. My name is Jim Munk at 2386 Three Bars. The park - me and the neighbors are all for it. The only concern we have is the location of the restrooms. Corrie: Okay. Meridian City Council Meeting May 7,2002 Page 22 of 67 Munk: And that being -- I guess I was the spokesperson nominated, because it's right across my backyard fence. Corrie: Legitimate concern. Munk: So, you know, hopefully that's taken into consideration that they can possibly alter that. They said the other night that was a possibility, but I did want to express that concern. Corrie: Okay. Thank you. Kuntz: Mayor and Council, just -- yeah. We are looking at trying to slide that out into the park a little further. The other thing is if the neighbors would like to go by our new Chateau Park, located on West Chateau between Ten Mile and Under Road, you can see the actual size of the facility. It really is very small and unobtrusive. It's two holes per side and a sink. There won't be any odor coming from it. It's, you know, all approved through the health department and so it is really a small building. It's not like our community park restrooms that are far more obtrusive, but you might want to go by and look at it. It might put some of your concerns to rest. But we are going to try and slide it out into the park just a little further to address that issue. Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: [guess that would be -- if I had that lot it would be a concern of mine. There is a shelter at the north end of the parking lot. I believe that's north. Can those kind of be flopped? I mean I'm not going to redesign your park, but- Kuntz: Mayor and Council, we will certainly look at that. De Weerd: Because if you're looking at this sliding thing, you could slide it more in that way, because, really, you don't see any neighbors that that would affect. Kuntz: We will certainly look into that. Corrie: Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: If there is no more discussion, I think they want a motion to approve the -- well, for a better name right now I'm going to call it the Kiwanis Meridian Park Master Plan. I would move that we approve it as presented by Michelle DeBaron on May 7th, 2002. Nary: Second. Meridian City Council Meeting May 7,2002 Page 23 of 67 Corrie: Okay. Motion made and seconded. Is there any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Wee rd. De Weerd: Would that include the staff working on a -- Bird: Sure. Changing of the lavatories? De Weerd: Yes. Thank you. Corrie: Okay. All right with the second? Nary: Yes. Corrie: Okay. Any further discussion? Okay. All those in favor of the motion say aye. Opposed no? Motion carried. MOTION CARRIED: ALL AYES. 2. Skate park. Corrie: Skate Park, Tom. Kuntz: Mayor and Council, [ just threw in a memo tonight prior to the start of the meeting on item number two under Parks Department Report. We have an agreement in principle with Heartland Construction to build the Tulley Skate Park for 152,000. Discussing this with the attorney today -- and he might want to add some comments when I'm through here to clarify, if I muddy the waters. Suggest entering into a construction agreement with Heartland Construction contingent upon the following funding formula come to fruition. You can see the different donors, including what the city has budgeted, excluding design fees. The total funds through this firm would be 153,000. [ have reconfirmed with Lowe's, David Turnbull, Kevin Howell, and Friends of Meridian Park, their obligated amounts. Three of those sources I talked to in the last two days. After this weekend's Crispy Cream sales we will be at 4,000 dollars with the kids -- the skateboarders fundraising. We had a meeting today with Hubble Homes and we will be putting in three sprinkling systems and sodding the front yards of three homes on June 8th that will net 1,400 dollars per yard. Excuse me. Gross 1,400 dollars per yard. Our net should be a little over 1,000 per yard. So we should be able to reach that 7,000 dollar mark fairly easily. And if we don't we can always sell Crispy Creams a second time. De Weerd: To the Mayor. Meridian City Council Meeting May 7, 2002 Page 24 of 67 Kuntz: As you recall, the lowest bid at the last two times we went out to bid was 188,000. And I guess with that I will ask maybe our city attorney to make some comments. Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, what Tom was asking for was -- you know, is there a way to get the concrete skate park built using donations and some other things when our attempts at having the construction bid on -- basically this Council had to reject those bids, because they were so far over the architect's estimate. There is a provision in the state code which allows a city council to essentially go forward with a project after rejecting bids if the Council can find, as a matter of fact, that the contract can be -- or the thing to be accomplished can be accomplished for less money. And so my instruction to Tom was we need to do have a firm dollar amount from the contractor, so that that could, then, be incorporated into a contract with all the appropriate terms, but that in fairness to the contractor and also to give the city an out, because of some of these contingencies, that the contract have a provision in it that contract is not effective if any of these things don't come together. For example, if one of these contributors backs out and won't make the contribution, that the city's not on the hook for 152,000 dollars when one of those contributors backs out. Or if, for example, on the concrete contribution, if the concrete company says we can't do that now, the city is not obligated to do it and, by the same token, the contractor is not going to have to eat that part of it when the contractor was, you know, essentially planning that that was factored into the number. So Tom's purpose of bringing this forward to you essentially is to ask us whether to present to you a contract with all the required elements that Tom and I talked about, performance bonds and payment bonds, as being part -- have to be part of the agreement. So that's the reason we are here and that's -- it fits -- in my opinion, anyway, it fits within what's contemplated in the statute, which would allow the Council to go forward with a project when we haven't been able to get a low enough bid when go out to bid. And it also gives us the flexibility to take into account some donations and things that you didn't have before. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Mr. Nichols just covered something that I was going to bring up about the protection of the city we need performance. So that's going to take -- on 152,000, that's going to take that up about another 3,500 bucks or so for performance and bonds. Maybe he's got this in his overhead, direct supervision of profit, that he's got about 16, 17 percent there. And then I've got another question, Tom. The city's match for the Turnbull contribution, where are you taking that out of? Kuntz: Council Member Bird, I was planning to take it out of the capital Settler's Park, but we have another source we could take it out of if the Council opted to and that would be the refund that we will be getting from the Five Mile Creek pathway, I believe was in the 50 to 60 thousand dollar range. We do plan on coming back to Council Meridian City Council Meeting May 7, 2002 Page 25 of 67 asking for some of that money for a bridge to 8th Street and possibly a fence along the creek on Tulley Park, so -- Bird: Tom, do you know if he has his bonds figured in here? Kuntz: I don't. Bird: In his overhead and profit? Kuntz: Councilman Bird, I don't know that. I'm assuming he does, but I would need to clarify that. Bird: Okay. Because if he don't it's going to take it up I imagine about 3,500 bucks. And [ -- and for the protection of the city and also the protection of him. As Mr. Nichols said, we don't want to hang him out to dry if somebody backs out of their donation and we don't want to be hung out to dry if he gets halfway through it and can't complete it. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Tom, was there any supervision included in the Land Group -- a fee that we have already paid them for oversight? Kuntz: Council Member de Weerd, there is. There is a construction administration in the Land Group's agreement and they would still fulfill all that. De Weerd: So is there a duplication there on the supervision within what they are proposing, their 16 percent, and what the Land Group would be doing? Kuntz: Not in my opinion, Council Member de Weerd, there is not. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: What Land Group is, is the administration and overseeing to make sure that it's built to specifications. This is having a superintendent out there making sure the subcontractors do the job right. Kuntz: Thank you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Tom, was Heartland the low bidder of 188 previously or was it somebody else? Meridian City Council Meeting May 7,2002 Page 26 of 67 Kuntz: Council Member Nary, it was another company. In fact, Heartland has never bid on the project. Nary: And are these an estimated -- or are they costs in their bid -- [ mean in comparison to the other bids that were 30,000 dollars more, I mean are we going to end up, at least from your estimation -- and, obviously, I know it's not an exact science, but are we going to end up in a problem with what they have bid and what our specs are? I mean are we going to have a problem getting this built? Kuntz: Council Member Nary, if I understand your question, they are proposing to build the park as per specified in the original design documents, so there would be no varying from that. Nary: So then why is there a 35,000 dollar difference? Kuntz: I guess I can't answer that. Nary: Okay. And then the other question I have is if there are exclusions in this bid, landscaping, park scaping, sprinkler system, are those -- is that possibly where the 35,000 dollar difference is? Kuntz: Council Member Nary, I don't believe so, because those were items that we were taking care of in-house anyway. As far as drainage, the entire park -- skate park sheens into the grass area of the rest of Tulley Park and it was designed that way, so there is no real drainage issues. I guess all I can tell you is that the skate parks are a very special animal and we have a gentleman name Ryan Neptune who is consulting with us on this and doing it free of charge. He will be responsible for part of the metal edging that goes on all the stairs and the different concrete surfaces, so they don't wear down. He has an extensive background in skate parks. He is working with Boise city parks currently on their new park. He has worked with Heartland before to build these type of things. So the only answer I can give you is that I think because of their background and knowledge and that they are a smaller company who kind of picks and chooses some of the projects they take on, that's my only explanation for the cost savings. Nary: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Councilman Nary, [ think also something that Tom explained perhaps just for Council was that when these bids coming in so high and when he met with Mr. Neptune, the explanation was these are real specialized and it was -- there was some fear of the unknown of the specialized concrete work and some of the aspects associated with that that really caused those bids to inflate and so -- and go above and Meridian City Council Meeting May 7, 2002 Page 27 of 67 beyond the estimates that we were given from the Land Group. And that's what I recall as part of that explanation, which makes a lot of sense, and it sounds like Mr. Neptune has worked with Heartland Construction and they have a better understanding of what it will take and can give us a clearer number. Nary: Thank you. Corrie: Any further questions, discussions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess just on the city's match of David Turnbull's contribution, it would be my recommendation that we would use savings from Meridian Settler's Park and not use funds that are going to be reimbursed to us that are not budgeted as revenue, so we would have a cleaner accounting of these funds. So that would just be my only comment on that. Bird: I would concur with that. Corrie: Anything further? De Weerd: No. Corrie: Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: As I understand what we need to do tonight is more or less agree upon this, so that a contract can be brought forward, and I would -- listening to the discussion and stuff, I think it's in agreement with the Mayor and Council that we would be willing to go forward with this, with the understanding that performance and payment bonds would be included in here. I hope it's included in the 23,000 for the overhead and direct supervision of the profit, but we will just bring it back up and our fundraisers are matched and that our city matches to Turnbull will come out of the Settler's Park savings. So with that I would make a motion and instruct the -- Mr. Kuntz and the attorney to draw up something with Heartland Construction and bring it back for our approval for the Mayor to sign and the Clerk to attest. McCandless: Second. Corrie: Thank you. Motion made and seconded. Any further discussion? De Weerd: Mr. Mayor? Meridian City Council Meeting May 7, 2002 Page 28 of 67 Corrie: Mrs. de Weerd. De Weerd: Just that we emphasize what our attorney Mr. Nichols talked about on the f1exibllity element to withdraw from this contract if one of these contributions fails to come through, that we do have that as an element in the agreement. Bird: That's to the benefit of the contractor. De Weerd: Okay. Bird: Our benefit's the bond. Corrie: Any other comments, questions, discussion? Bird: Mr. Mayor, I do have -- I have got a question to ask Mr. Nichols. In this performance and payment bond if something should happen -- and I don't think it will, I'm not worried about it, but should the bond -- [ realize if we are to cover it, like the concrete and stuff like that, that would be -- if something happened that -- some of that stuff could be out of our pocket. I wonder -- no. [ answered my question. Excuse me. Okay. I got thinking and it wasn't right. Corrie: Asking what you think. Bird: Yeah. I don't know where I was going. Corrie: Okay. Any other comments? Okay. All those in favor of the motion say aye. Opposed no. Motion carried. Tom, if you will carry out that and work with the city attorney on the contract. MOTION CARRIED: ALL AYES. Kuntz: Mayor, just one last comment on this issue. The Hubble Homes is drawing up a memorandum of agreement on the three sprinkling systems and I guess I'd like to follow suit and do the same with the other large contributors, just put together a real brief memorandum of understanding, so that we have something in hand and that type of thing, so -- Corrie: Good point. Kuntz: Mayor, on Item No.5- Item 5: (Items Moved from Consent Agenda) H. Development Agreement: AZ 01-012 Request for annexation and zoning of 70.72 acres from RUT to R-8 zones for proposed Meridian City Council Meeting May 7, 2002 Page 29 of 67 Sundance Subdivision by G.L. Voigt Development - northeast corner of East Ustick Road and North Meridian Road: Corrie: We are not -- we are going to go to that now. Okay. Item No. 5-H has been moved from the Consent Agenda, which we will take care of it now. That is the development agreement request for annexation and zoning of 70.72 acres from RUT to R-8 zones for proposed Sundance Subdivision by G.L. Voigt Development. That was requested by Mr. Bird to be pulled at this point. Mr. Bird? Bird: I will turn it over to Mr. Kuntz. He's -- Brad and Tom met the other day and we had some questions on why we were going into a latecomers fee with these people over the water. Kuntz: Okay. Thank you, Mayor. We had a meeting last week with Public Works Department, the Land Group, who is the architect on the Settler's Park, and our Council liaison and our staff, and discussed the water line at Meridian Road that will also directly benefit the Sundance Development on the east of our park and there was an agreement in that meeting that we would like to see a direct reimbursement versus a latecomer's agreement for several reasons and Mr. Berg should have ran off a copy, [ think there should be a memo from Brad Watson to Council Member Bird, myself, in regards to having an opportunity to negotiate that agreement, I guess, with the G.L. Voigt Company and thus maybe delay the development agreement that's on your agenda tonight. I guess the long and the short of it is staff feels strongly that the contract for the water line at Meridian Road, the total cost in the contract right now is 35,000. We would like to see a direct reimbursement from G.L. Voigt Company for half of that, 17,500, instead of a latecomer's agreement and then also there are two eight inch water taps that directly benefit them, has no affect on the park, and the estimated price on those are a little over 10,000, and that we feel like those -- since those directly benefit Sundance and has nothing to do with the city, that those need to be included in the direct reimbursement concept. Is that correct? I guess I'm getting nods of heads behind me. With that I would stand for questions. There is a couple gentlemen sitting behind me that could probably answer some of those better than I can. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd like Brad or Gary, one of two, to come up and -- I don't -- these latecomer agreements are -- I don't know if the policy we have -- we do quite a bit with the water lines and stuff or what is going, but to draw up a latecomer's agreement for 17,500 don't seem like it's worth the paperwork it takes to get -- to collect it. So that -- that was my thinking on it. Watson: Councilman Bird, Mayor and Council, do you want me to just comment on what is historically done? Bird: Please, Brad. Meridian City Council Meeling May 7,2002 Page 30 of 67 Watson: Since I have been here historically we have always just done the latecomer agreements, except in recent months -- well, maybe the past 12 months there was a major sewer trunk that was built where there was a -- by a private developer and there was a direct reimbursement of cost by the city. There is one subdivision that was approved several years ago where the reimbursement -- the latecomer fees back to both the city and the private developer, who had constructed a sewer lift station and pressure main, that latecomer fee was due upon signature of the final plat, rather than with each building permit, but most all latecomer agreements, those charges are applied at building permit stage. I think [ rambled in several different directions there, so if you have any questions -- Bird: Mr. Mayor? Corrie: Okay. Mr. Bird. Bird: Okay. What you're telling me that we put the line in, put the two eight inch T's in and stuff and the Public Works is going to take and pay for the part that benefits Sundance development and then you will assign a latecomer fee and get it back from them. Who is supposed to pay for that up front? Watson: Councilman Bird, Mayor and Council, it's my understanding from the -- looking from the outside in that the developer and the park's architect have worked out an agreement on those two eight inch stubs to Sundance. [ was contacted initially by the developer's representative and I directed him directly to the Land Group to work that out. I have subsequently been cc'd a couple of e-mailstalkingaboutitastolocation.so that I could approve it as part of the plans. I have had no part of the financial reimbursement or commitments. Bird: Okay. Brad, if I understand right, it's been our policy that we run the water line up and take the T's off, the city does, and then when the building permits or the final plat, the developer pays for it in the I~tecomer's agreement; is that not right? Watson: What traditionally happens is one developer will construct frontage water in a section line road and he requests a latecomer's agreement. When a developer across the road on the other side of that line comes in for a development, he is subject to that latecomer's agreement and any fees paid to the original developer are collected through the building permit process. I can't think of another water one where we have collected in any other manner, but -- Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nicho[s: Mr. Mayor, Members of the Council, just to kind of hopefully clarify this, typically the latecomer's agreement is between the party that installs the line and the city. The parties who are going to hook up to that line are not parties to the agreement, Meridian City Council Meeting May 7, 2002 Page 31 of 67 but the city imposes those charges, if you will, on those latecomers to the party in order to more equitably allocate the cost among those who are going to use that system, because that line is not just simply designed just for the park, it's big enough to take in these additional developments and so it's oversized, there is additional cost, and it's a way to allocate that cost out. We had discussed, at least at workshops, the concept of the requiring those latecomer developers to pay all of those fees up front at the time of the final plat, on the rationale that if they had to lay the line themselves, if they were the first ones in, they would have all of that cost up front, not as they sold the lots. And also because the building department had had problems with contractors buying lots and not having disclosed to them that there was going to be a 1,200 dollar latecomer fee or whatever the number was and they didn't find out about it until they came in to pull a permit and so it was matter of trying to hopefully get on a policy where everyone was going to be on an even footing, the developer puts it in up front, pays up front, those that come in and hook up at the final plat stage and ready to sell those lots and they have to factor in that cost into their lots sales. So we had talked about that as a policy. Here it's a little different. The city is, in effect, the contractor, the developer that's putting in the extra line, so it almost could be special assessment connection fee for when that subdivision as a whole hooks into that line. So as far as whether to do direct reimbursement or latecomer, ['m not sure it makes any difference. I think this Council can say this is what's fair and then Public Works goes to Mr. Voigt and says this is the direction of the Council with regard to reimbursement of these costs. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So is Mr. Voigt the only one who would be participating in this? Watson: Council Member de Weerd, Mayor and Council, that is correct. The way the latecomer benefit area is designated for a water line is simply -- on a section line main is a quarter mile each side. De Weerd: Okay. And I agree Mr. Nichols did bring up that we have had these conversations and that is how I recall them and I do know Tom has specifically, when we talked about this, Settler's Park, talked about the reimbursement that would come from Sundance. What ] don't recall is if this conversation had been part of the Public Hearing process for Sundance itself and I guess that would be my concern, is did -- was he totally aware of this coming into the process that will give us reason to deviate from something that has been normal protocol in the past. Watson: Is that a question to me? De Weerd: Well, the question is-- Corrie: A rhetorical question. Meridian City Council Meeling May 7, 2002 Page 32 of 67 De Weerd: -- did the applicant -- did Mr. Voigt understand this as he was going through the application process for Sundance, that this would be the expectation of the city that he pays for it all up front, rather than a latecomer's process or procedure that has been typical of the city by collecting through building permits. Watson: Council Member de Weerd, Mayor and Council, I'm sure Public Works didn't bring it up, because that would be different than what we normally do. If anyone would have brought it up I would presume it would have been the parks department, since they are the beneficiaries of such arrangement. But this concept wasn't even posed until I think after bid opening for the park. So the short answer is I don't think that they are aware, other than as I represented in that memo, I questioned Mr. Quinell in mid April about considering this and that was after the Public Hearings for Sundance, I believe. Nicho[s: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Brad, do you remember how many lots in that subdivision. Is it 200? 180? Corrie: It says 70.72 acres. I don't know how many lots. R-8. Watson: Mr. Nichols, Mayor and Council Members, it would include all -- well, the park's water -- I can't tell. I don't have a Sundance boundary here. It includes the majority of the Sundance plat, which I think was 200 lots plus. Corrie: I think that's about right. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess my feeling is I think as policy going forward it's probably a good idea. I think Mr. Nicho[s has made it real clear as to what the discussion was and I do think it's -- I do think that's a reasonable policy. I don't know that it's reasonable to apply it to this development now. I mean this development has been in the process for a year and a half, two years, and we are talking 1,000 to 1,500 dollars a lot and 200 lots, that's a fairly significant chunk to tell somebody now that that's our policy from this day forward, you've got to pay it, without any warning or anything else. I think that's a fairly significant hit to put on anybody. But I don't think as a policy that's a bad idea going forward, I just think we need to figure out first if that's what we think is the right thing to do and, secondarily, when we begin to apply that and put that out so the developers know that that's the way it's going to be going forward. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting May 7, 2002 Page 33 of 67 Bird: And I agree with Bill, that, you know, this -- the development agreement was already -- and we should have brought this up at the point of when we had -- in the Findings of Facts and Conclusions of Law, but -- and a policy -- we do need to have a policy of one way or the other, which ever way we are going to do it and stick to it on the deal. But the same token is that it don't seem to be a lot of money, other than the fact that it's probably 27,000 or so more than what -- than we had planned for our -- in our parks deal and -- well, I -- but I guess it was that -- we have already raised the Public Works was planning on the extra to get the line bigger, so that's why I wanted to bring it forward and let you guys think about it, because I'd like to see if we couldn't -- you know, we are not asking -- we are not asking him for 1 ,500 dollars a lot to start with, just asking him for -- to share the cost -- his cost right now, which is cheaper than that and if he goes for a latecomer's or something like that, I guess, I don't know, so that's what I was -- and Brad had called the gentleman and, Brad's right, this gentleman did not know and when this development agreement was drawn up nothing was mentioned of this. So I think it's up to the Council to decide on this one and then if we want to set a policy we set a policy and go from there, but this one is something that -- something else and I would have no problems asking the developer if he would share up front, you know. It would certainly gives us some money to develop more park land. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess we both agree, but [ thought it sounded like in Brad's letter he's already got that and -- but it sounds like we have already done that and so I don't know whether -- and we can certainly go back to him again, but it sounds like that was proposed and they said they don't want to do that at this juncture, which is just more up-front cost. So [ mean I do think -- I guess I think we need to have a policy and we need to stick to it and I guess we can decide tonight if we think we need to apply that now. Bird: Well, I think that's the question we need to bring forward and, Mr. Nary, I agree with you, the fact that it's kind of late to apply the policy on this one and I think Tom -- and I know I certainly realize that, but it don't hurt to ask. And so I -- you know, we just go forward, I guess, as it is. Tom had the money in his bid for the -- the job was bid and everything as part of the bid, but -- and we will collect money later down per the development agreement. It might be three or four years from now, but we will collect it. Kuntz: Mayor and Council, just a point of clarification. Then would it be the Council's choosing that they would pay the latecomer's fee at the signing of the original plat or as they sell the lots? Because there is -- it sounds like in the past that there has been some real glitches in collecting those as the lots go. The other -- the reason that we bring this forward now is there is 17,000 dollars of potential park development money that when will we be reimbursed and they are getting the water now. The 10,000 dollars for the two taps was not in our bid and we are certainly not going to pay for that. The developer -- I was talking to Gary, he said the developer should pay that, because that only benefits their development. But I guess my question, then, is: [s it possible, without Meridian City Council Meeting May 7, 2002 Page 34 of 67 surprising the developer -- and I understand your concern there -- to require the developer to pay that latecomer's fee at one time when the final plat is signed or -- Bird: Mr. Mayor? Corrie: Okay. Mr. Bird. Bird: I think that's the policy, Tom, we were just talking we would have to enact, but as far as I'm concerned your bid did not include those two eight inch T's, so that is not necessary. I mean I don't know who wants to pay it, whether our Public Works water department wants to pay it, so that they will have it ready over there or have him -- I think he should pay it up front, because those -- that money should be paid up front, because it don't do us -- you know, we don't need it. We do not need them put in there. It was not part of the original bid plan. The other 17,500 we can deal with the latecomers on that. But those two T's, if he don't pay up front as far as I would be concerned, they don't go in. And I see Mr. Smith over there shaking his head and Mr. Watson, so -- agreeing with it. So -- and, Tom, we will have to just come up with a policy and Mayor and Council about how we are going to do this from here on out. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would agree with Councilman Bird on the taps, that those are items that benefit that subdivision and they need it for their subdivision and they would need to pay it up front. But as far as the latecomers, it's what we asked of every other developer, I'm sure they would have other uses for that money as well and, you know, those -- that's how we have operated in the past. If we want to operate different in the future, then we need to make a different policy in doing so, but if this hasn't been understood up front throughout this process, it's too late to be changing that now, however unfair it seems. I'm sure every developer has sat in your same seat and in your same situation and they would probably agree with you, but it hasn't changed anything, so -- Corrie: Okay. With that being said, I think are pretty much in agreement, unless there is any other discussion, I will entertain a motion to that effect. Mr. Bird. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the development agreement and request for annexation and zoning of 70.72 acres from RUT to R-8 zones for the proposed Sundance Subdivision by G.L. Voigt Development, northeast corner of East Ustick Road and North Meridian Road as written. McCandless: Second. Meridian City Council Meeting May 7, 2002 Page 35 of 67 Corrie: Further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: While we are on this, would you have Public Works and them come up with some kind an agreement that we could get into a policy that would benefit both us and the developers regarding latecomer fees, when we collect and all this stuff, so that here on out we do have -- we have a standard policy that we go by? Corrie: Okay. Gary? Smith: We will do that, Mr. Mayor. I just wanted to comment, too, it's been awhile since I read the latecomer provision in our ordinance, but I don't think that there is a provision as to how the fee is to be collected. It just says that there is an opportunity for a person or a company that's extending water and/or sewer lines that provides service in excess of what their development is requiring, to recover their costs in excess of their required capacity and I don't think there is part of the ordinance that says how the latecomer fee is to be collected. I could be wrong, because it's been awhile since I read that. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I think Gary is right, it's not in there that way. However, we determine the total fee and we express that in terms of equivalent residential units, so that it's, you know, so much per ERU for water and for sewer and I think that's how we got into the collecting it at the building permit stage, because if we knew we had 100 ERU's to collect, we waited for the first 100 permits to be pulled to collect that money and I think that's how it got to that stage. But I believe Gary is right, it doesn't say how they are going to be collected, other than we determine up front how much excess capacity was put into those lines by that particular developer and we make an agreement to reimburse a certain amount and to collect that from downstream or upstream, however you want to say it, users. Smith: And, Mr. Mayor, we have had -- there have been several discussions with the developers that have extended sewer and water lines in excess of the capacity that they require and it's their feeling that properties connecting to the extensions pay the latecomer fee not by the building permit in the subdivision, but by the size of property -- size of the subdivision that is connecting to the line. So there is one payment made by Meridian City Council Meeting May 7,2002 Page 36 of 67 the developer connecting to an extension who did not participate in the cost of the extension and that eliminates the amount of papelWork that the city goes through in processing the latecomer receiving and then paying out the latecomer fees, it increases -- or decreases the length of time that the developer has to wait to recover his money significantly and so the development community was definitely -- at least those that we talked to were definitely in favor of that type of a process. Corrie: Okay. Smith: Thank you. Item 6: Continued Public Hearing from April 23, 2002: Proposed Comprehensive Parks and Recreation System and Action Plan: Corrie: Thank you, Gary. Item No.6, then, is the continued Public Hearing from April 23rd, propose Comprehensive Parks and Recreation System Action Plan. At this time I will open the continued Public Hearing. I believe Mr. Bird has a comment. Bird: Mr. Mayor and Council, we would like to continue this to -- this Public Hearing to June 4th, 2002. We have got a few little knicks and knacks we got to pick up and take care of. De Weerd: Knicks and knacks? Bird: Yeah. Corrie: Okay. Any other comments? Is there anyone from the public that would like to issue testimony on this at this time with the continuance being until June 4th? Okay. Hearing none, I will entertain a motion, then, Mr. Bird, on - Bird: So moved. De Weerd: Second. Corrie: Motion made and seconded to continue this Public Hearing until June 4th, 2002. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOT[ON CARRIED: ALL AYES. Item 7: Latecomers Agreement Request from Jackson's Food Stores: Corrie: Item No.7, Latecomers Agreement Request from Jackson's Food Stores. Shari, do you have any comment? Oh, I'm sorry. We had a meeting this afternoon with Shari and still at the meeting. Gary. Meridian City Council Meeting May 7, 2002 Page 37 of 67 Smith: Thank you, Mr. Mayor and Council. On or about February 25th Bruce Freckleton of our Public Works office received a request from Hubble Engineering, David Bailey, requesting city enter into a latecomers agreement for -- or with Jackson Food Stores for a water line installation that they made for their store on Eagle Road at Magic View Drive. That's the -- initially this request was heard by the Council and denied, but I believe there was problem with representation by the Jackson Food Stores and so ifs back up on the agenda this evening for reconsideration. I think David is here -- yeah. David is here this evening representing Jackson Food Stores. One of the issues with this particular request is that -- as I have been informed by Bruce Freckleton, that the service area for this extension is built out. This would, I would say, severely restrict the city from collecting a latecomer fee from those establishments that have paid their connection fees and connected to the system. I guess that's about all the comments I have on the subject, other than I did look at the costs that were submitted by Dave and - - from Bitterroot Construction, apparent water line installation costs. I don't know what the Council's feeling would be on a reimbursement request such -- of this nature due to the construction of facilities in the service area. I think we would be -- well, I don't think it would be good business to go back to those that have connected and said, oh, by the way, there is a latecomer fee here required. We have in the past, where we didn't have- - where there was a latecomer fee that was going to be developed, but the number had not been finalized, we have informed those connecting that they would be subject to a latecomer fee at a future time and we have included that in our assessment agreement with them, so they understood that there was an assessment that was coming as soon as the fees were finally established. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Gary, then that -- they have been notified that there could -- when they got their building permits, the other tenants out in that area that hooked to this water line that Mr. Jackson brought through, were told that there could be an assessment at a later date once we got the cost? Smith: Councilman Bird, no. As I understand it, they were not -- they were not given that information, because there was no indication that a latecomer agreement was going to be requested by Mr. Jackson. Bird: Gary, was February of this year the first inquiry into a latecomers regarding this and when they put it in, in 1995, seven years later? Smith: I don't recall when it was installed, but ifs my understanding that this was the first correspondence that was received from Jackson Food Stores. Bird: It says since 1995 when they paid Bitterroot. Smith: Oh. I'm sorry. You're correct. That's a copy of the invoice -- Meridian City Council Meeting May 7, 2002 Page 38 of 67 Bird: And at that time there was no discussion between Public Works and Jackson Food Stores regarding a latecomer's fee? Smith: Not that I'm aware of, Councilman Bird. Mayor and Council, I guess this item -- some of the notes that are in the file -- this item came before you on March the 19th, it was tabled at that time, I didn't write down why it was tabled. It was tabled to March 26th and then it's my understanding that on March 26th it was denied. And Bruce Freckleton wrote a memo to you on March 18 that outlined the -- kind of the chronOlogy of the time from when Jackson's Food Store was completed in the fall of 1995 to present and his comment that all parcels within what would be considered latecomer fees have been developed or the latecomers area have been developed. I don't know what the latecomer fee would be. The cost that David submitted -- in order to get an accurate number [ would need a complete -- more complete breakdown of what the costs are. I have a materials cost and then I have a total cost and the total cost is round 40 -- you know, almost 42,000 dollars for 520 linear feet of ten inch water line, so about 80 dollars a foot, which is a significant cost. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Just a few questions for Mr. Smith, if I may, before Mr. Bailey comes up. Gary, would this 520 feet be an extension or would this be the through and to part -- include the through and to part of their -- the usual ordinance requirement? Smith: Mr. Nichols, Mayor and Council, I think the 520 feet was to -- as it was explained to me today in our staff meeting, it was to the western boundary -- it was from the east side of Eagle Road where the water line existed to the western boundary of the portion of the property that Mr. Jackson developed that has -- he has developed as the station right now. The Texaco station. Nicho[s: In the typical latecomer agreement do you include the portion of the line that's say through and -- you know, to and through their development or do you just do the extension? Let me rephrase that. In other words, if you have got to bring it 300 feet to their property, that 300 foot extension is typically part of what's included in the latecomer's agreement; is that correct? Smith: Yes. Because it serves other properties. Nichols: But then from the start of their property all the way through their property along the highway do you include that as well or not? Smith: I think it has the capability of serving other properties, so a portion of it would be included. Nichols: But not all of it? Meridian City Council Meeting May 7, 2002 Page 39 of 67 Smith: But not all of it. Corrie: Any other questions? Thank you, Gary. Mr. Bailey. Bailey: Thank you, Mr. Mayor and Council Members. My name is David Bailey, I'm with Hubble Engineering representing Jackson's Food Stores. I think I can talk about some things that will clear up pretty quick why after seven years we are requesting this. Mr. Jackson in 1995 -- I guess, first, I can't speak to what the specific the arrangements were or what discussions were had with the city in 1995, because I wasn't involved in the project at the time. He came to me this year and said he had gotten a water latecomer's fee charge from the city -- or an invoice from the city for a water latecomer's agreement and he said, well, it doesn't make a whole lot of sense to me, because I spent 40,000 dollars to bring the water line my property and now I have got a bill from the city for about 5,000 dollars on a latecomer's agreement for someone who hooked onto the water line I built and built it down the road from that point. So I looked into that and came to the city and talked to Bruce Freckleton about the project and Bruce said -- Bruce told me then -- and, again, this is what Bruce told me -- that they had not discussed the latecomer's agreement at the time and not doing that. I don't think he probably would have had he not gotten a bill from the city for additional charges. So [ looked through the latecomer's agreement and what Bruce told me -- he said the only way you could do anything about it would be to apply for a latecomer's agreement and he told me he doubted the City Council would approve that, because all of the area is built out and I think Bruce has done his homework on that and looked in that area there. But Mr. Jackson had spent about 40,000 dollars to bring the water and the reason the cost was so high is they had to bore underneath Eagle Road to bring the water across to serve his property and that's why the costs are as high as they are. Now what portions of those would be determined to benefit solely to Jackson's Foods and what would benefit other properties I think is worth discussing and something that we can certainly negotiate with the Public Works Department in that area, but what it says in your water -- or in your latecomer's agreement, it says should a water user at his expense constructs an extension to the water system in a public right of way or easement with the city approval, in accordance with the standards and designs of the city, and that water line is determined by the city to be able to benefit other parties and the water users, then they are entitled to request a latecomer's agreement. Your code does not specify a term on that, how long that can be, except for that the latecomer's agreement itself, the term can only be for ten years. How we collect that I don't exactly know the answer to and I didn't get any answers out of Bruce Freckleton from that either, except for [ know that in some of those areas they said they sent bills to people after they had already done their connection and said, well, you agreed you would pay what it came to when we were done, which is what they did on the building permits for a lot of those properties out there. Whether that's still available or still something we could do at this point, [ don't exactly know, and what to do at this point is I think we ought to evaluate that and we ought to look at how can we not charge -- when he provided a significant benefit to the people who are down on Magic View and Allen Street by bringing the water across Eagle Road, how can we then not -- how can we then go back and charge him another 5,000 dollars for someone else to get the benefit from that line? So he's provided a benefit and for someone else to take the benefit and they are going Meridian City Council Meeting May 7. 2002 Page 40 of 67 to charge him an additional 5,000 dollars and it seems that the only path through the city ordinance is to request -- I guess looking at some -- you know, to alleviate the situation on that is to ask for a latecomer's agreement, you know, and that's -- that is a method that's in place to recoup, you know, some of the funds he paid and at a minimum not have to pay additional for someone's benefit. Corrie: Gary, may I -- is he talking about the same thing as a latecomer's agreement or is that -- what is he talking about? I don't think in a latecomer's fee we -- Smith: Well -- what we are charging Mr. Jackson? Corrie: Yeah. What is the 5,000 for? Smith: It's -- the only thing that I can think of is it's a latecomer fee for the Five Mile sewer trunk. Bailey: No. Actually, I have a copy of the invoice here and there is a late -- there is a late fee for the -- there are actually three of them here. There is the name Namah Laxmi sewer latecomers and that's for sewer that was taken from the Five Mile Trunk in Magic View down Allen Street and that's on the frontage of Mr. Jackson's property and he has no problem with that charge that's on here. Then the last one on here is the Five Mile Trunk sewer latecomers, which is in Magic View, which he also has no problem with. The one that he has a problem with is the Namah Laxmi water latecomer's, which is for bringing water to Allen Street and then south on Allen Street and that was for the -- [ think the Holiday Inn Express I think is the one -- Smith: Right. Bailey: So that is a separate latecomer's agreement. That's the Namah Laxmi water latecomer's agreement, which [ have a copy of here, and the charge on that is $5,334.04. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Gary, why would they be -- why would they be charged a late -- where does this piece that he brings -- brought around, where does it loop to? It isn't the one that loops down and goes into Woodbridge, is it? Smith: No. We paid for that one. We paid to take -- Bird: The one that he brought across and through his property, where does that loop? Where does that go? Does that go down south, then, on Allen Street? Smith: Well, there is leg that goes -- that water line was connected to by the developer of the Holiday Inn Express at Mr. Jackson's -- I guess it would be the west boundary of Meridian City Council Meeting May 7, 2002 Page 41 of 67 what he's developed now as the Jackson's Food and Gas Store and the developer of the Holiday Inn Express hooked onto the water at that point and extended it west on Magic View to Allen and then extended it south on Allen to his Holiday Inn motel. Bird: Why would an existing -- that brought the water through -- through his property line be charged a latecomer fee to get water down to the -- farther on down? I don't understand. Smith: I don't know. I can't answer that question. I don't know. Bird: Well, evidently he got a bill for it. He got an assessment of 5,000 dollars. Smith: [can't answer your question, Councilman Bird. I don't know. Bird: And it probably didn't come out of your department. It's the policy of these latecomer fees we have. Smith: Well, typically the developments pay their latecomer fees when they submit for a building permit. At least that's the way it has been. Did Mr. Jackson -- is he building another structure on the rest of his property? Bailey: No. He's not proposing to at this point. He does have that western two acres, although that that is one parcel. His store and the western two acres is actually one building parcel. There is not two building parcels there. Smith: Okay. Bailey: For calculation of the water latecomer's agreement you -- that your department uses only the western two acres to calculate -- calculating the latecomer's agreement. And then I have a copy of that here. I'm sorry, I brought a transparency and I forgot that we are in the 2000's now and we don't have an overhead anymore. Councilman Bird, I do have that. This is the Namah Laxmi water latecomer's, which shows that the Jackson's Food Store is here, Eagle Road runs up in this area, and then the latecomer's agreement is in this area in here, which is a couple office buildings, which are developed, there is a hotel proposed here, and the Holiday Inn Express and the two office buildings to the south. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: As I understand, Mr. Jackson brought the water line completely through to the west side of his property; right? Bailey: Councilman Bird, he did not. It was halfway across-- Bird: He didn't bring it through? Meridian City Council Meeling May 7, 2002 Page 42 of 67 Bailey: That's correct. Bird: That's what Mr. Nichols had asked and I -- Smith: He took it to the west boundary of the portion of his property that he has developed, which is not over to Allen Street, it's about halfway, [ guess, isn't it, David, from Eagle to Allen? Bailey: It is about halfway. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nicho[s: Gary, if I may, would this extension of the line on the western part of his parcel be utilized by that parcel at some point in the future? In other words, if there is going to be a development on that parcel, would that parcel then access the water line through a separate meter connection to that line that Mr. Laxmi extended? Smith: Yes. Because each building -- each building has to have its own service line, so it would have to connect to that line in Magic View. Or it could connect to the line in Allen Street, you know, one or the other, but -- depending on where the building is located and how the service was situated. Nichols: But in this particular map that Mr. Bailey just showed us -- showed to the Council, where it would be hooked, either Allen or Magic View, is part of this Laxmi extension? Smith: Yes. Yes. The developer for the Holiday Inn connected to the line at the west boundary of Mr. Jackson's present development, improvement, extended it west on Magic View to Allen Street and then south on Allen to the Holiday Inn. That was his extension. Bird: That makes a big difference. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: If I may ask Mr. Bailey. Mr. Bailey, then your client would not have to do any further water extension for this western most part that's now undeveloped as a result of what Mr. Laxmi did; correct? Bailey: That's correct. Bird: That makes a big difference. Meridian City Council Meeting May 7, 2002 Page 43 of 67 Corrie: There is your 5,000 dollar fee. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Yeah. That makes -- I can see why they were assessed now a hundred percent, because I thought that -- the answer I got that he took it through his property, I didn't know that he just took to the developed edge. I didn't know he had the other lot there. So, sure, that's -- when they moved that through he is a latecomer. I understand that. Bailey: Mr. Mayor, Councilman Bird, if I can make one more comment on that and I understand the point that is being made there, but the reason that we are requesting the latecomer's agreement, there is still the amount of probably 30,000 of that 40,000 that was spent bringing the water under the road that benefited that entire development area and how he can recoup that at this point, if we can apply for a latecomer's agreement we might be able to do that, if we can have a latecomer's agreement with the city, we may be able to do that. If we don't do that, then he's paid a lot for their benefit and they did something for his benefit, which is the point you're bringing up, which is complete that water around the corner there, but he's going to pay for all of that. So he -- there is no way for him to get paid back for the benefit he provided in providing 30 -- probably about 30,000 dollars worth of crossing Eagle Road. So that's the extenuating point that could be added to what we were talking about. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Bailey, I was looking at 9-1-13 when you were talking about it as the basis to ask and I agree with what you're saying, but that is your authority to ask to have a latecomer's agreement, but it says that the means of collecting it is 9-1-12, which is one -- the section immediately prior to it, which talks about connecting to the system and I think that's what Mr. Freck[eton was saying, the means to collect it is when you connect to the water system and he's saying everything is connected to the water system, therefore, is there is no means for the city to make any collection on any of these, even if were to grant a latecomer's fee agreement, it appears to be discretionary in 9-1-13 as well by the Council on whether we even grant it. But, secondarily, there isn't a means to collect it if everyone has already hooked to the system. So I guess that was the reason in the past when we had the discussion that we weren't in favor of it, because there is -- it's an agreement without any teeth, there isn't any way for us to do anything with it. Everyone is already connected. I don't know whether or not looking at these two sections -- [ guess I'm curious on this 5,000 dollar bill -- and I don't know if you or Mr. Smith can answer that, but it says you have to connect to be required to pay it and you're not connecting to anything, why is he -- why are they assessing a 5,000 dollar fee? Meridian City Council Meeting May 7,2002 Page 44 of 67 Smith: Mr. Nary, Mayor and Council, I can't answer that question. I really don't know. I haven't been a part of that, so I'll have to find out for you, but at this point I don't know. Nary: Yeah. In looking at 9-1-12 it says that's when the water construction equivalency fee is assessed is when you connect. Smith: Correct. Nary: If he doesn't connect -- at least the way I read this one -- and I didn't read them all, but he doesn't owe anything until he actually wants to connect to the sewer or connect to the water line and I guess whether or not we -- the Council has the ability to waive that cost as some sort of equity argument, which is what I think Mr. Jackson is ultimately making, I guess we'll have to cross that bridge at that time, but we don't have other means under our ordinance to collect any other fees in that particular user area and I don't think -- I mean Mr. Nichols could tell us, but I don't think we have a legal redress to the city to sue those people because of the passage time, I don't know that Mr. Jackson has any either. I mean he'll have to ask his own attorney that. But I don't know that we have any other way to collect it. So I think that's the rationale, if you follow me, that why we said it didn't seem to make any sense to us to do that. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, just a few more comments. First, my recommendation to the Council would be to deny the request for the latecomer's agreement, because of the practical impossibility of collecting any fees from those that have already hooked up. My second suggestion would be that the Public Works Department look into whether or not the water part of this assessment for the latecomer should have been assessed when it's based upon the part of the property that's undeveloped as to whether that assessment should have been, you know, billed. And then I would caution the Council -- I don't really think that you have the ability to waive a fee when you have an agreement with Mr. Laxmi that says you will collect latecomer fees, but that latecomer agreement has a terminus, it has a date after which those fees won't be collected, so if Public Works determines that the water assessment should not have been made, because there was no development, then Mr. Jackson doesn't have to pay that until such time as he does something with that undeveloped portion of the property and as long as that development occurs within the time of the latecomer agreement, but that would be my recommendation. Bailey: Mr. Mayor, if I could make one more comment on that. Corrie: Yes. Bailey: I would like to request that the Council -- we request a latecomer's agreement and request that the Council -- have the ability to enter into a latecomer's agreement with the city for the purpose of the developer having the option to be able to collect on Meridian City Council Meeting May 7. 2002 Page 45 of 67 anything -- any additional building permits that are done there for a period of three years and it gives him the ability to try to figure out ways to -- how to get paid for this. If you deny it at this point, then he's just out there and he's going to end up paying that 5,000 dollars down the road. I think that -- if the only reason for the city to deny it is that the city won't enforce the collection of it, that may be a good reason. If that's the sole reason for it -- and from what you're saying that appears to be the sole reason for that. I guess that's all [ would request is that we go ahead and enter into the agreement and let Mr. Jackson worry about trying to figure out how to get -- to collect it for now. But I think he has a right to request it and that's what I'm here to represent him and ask that you do that for us. De Weerd: Mr. Mayor? Corrie: I think you're right on -- Mrs. de Weerd. De Weerd: It sounds like there is two separate things. You know, what you're requesting seems impractical and impossible, because there isn't a way to collect it, yet the 5,000 dollars is a different situation altogether, and so they should be dealt with separately. Bailey: [agree. De Weerd: And, you know, so we don't confuse one with the other. So if our action is to deny the latecomer's agreement request from Mr. Jackson on this particular issue, the letter written in regards to -- that's one action. The other one is separate from that, that, you know, we can ask staff to look into it and take appropriate action on that. But, you know, we don't want to mix the two together. Bailey: Council Member de Weerd, I agree with you that they are two separate issues and I'm not here to say that any of this in the Namah Laxmi agreement was calculated inappropriately, but I think that the ability to figure out the numbers and the ability to collect, we just think we can't collect anything, we don't know that for a fact, but we think we may not be able to collect anything from that, from a latecomer's agreement in that area. If we put the numbers together and figure that out and figure that out that there is an opportunity to do that through a latecomer's agreement, then we can do that. If we put together a latecomer's agreement and Mr. Jackson can't collect anything from it, is there any damage to the city from doing that? Corrie: I think, David, what we are saying here is the city has no way of collecting it. If we approve a latecomer's fee, then we are part of the whole program. We don't want to be part of the program, because we can't be. So if we deny the latecomer's fee -- if you want to go ahead and try it, that's up to Mr. Jackson, but I don't think the city is going to be a part of it and that's -- I think that's in a way, a round about way, you're asking us to be a part of something that's not going to happen anyway, probably. So the point is here like, Mrs. de Weerd said, there is two parts here. One, if we deny the request for a latecomer's fee, you're on your own, we are not going to do it, give it to you, then if you want to do something out, I suppose you can. I'm not an attorney, not supposed to be, Meridian City Council Meeting May 7, 2002 Page 46 of 67 but the rest of the 5,000, if you want to find out about that and maybe you can change off of there, but -- do you see where we are coming from? Bailey: Yes, Mr. Mayor, I understand. Corrie: Thank you. Council, any other discussion? Bailey: Thank you. Corrie: Thank you, David. Corrie: Okay. Under the -- that being said, I will entertain a motion on the latecomer's request for Jackson's Food Stores. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Before I would entertain a motion, I've got a question to ask Gary -- and I think I'm right -- on that loop where the latecomer on the 5,000 and they got charged, basically the only ground that hasn't been developed is his west end of his property to Allen Street, isn't it? That's that loop of water line services? Smith: Councilman Bird, Mayor and Council, I'm trying to recall from memory. I'm not sure what is on the southwest corner of Magic View and Allen, if anything yet. Hubble's office building is the next parcel south of that on the west side of Allen. There are two office buildings on the east side of Allen that also front onto Gentry and then the Holiday Inn is on the south side of Gentry and the east side of Allen up against the frontage road. Bird: There is an office there, Gary, IMI West, and there is an office in front of IMI West right there on the -- right on that corner. Smith: Right there. Okay. All right. So yes. And then the other part that's being considered now is right there where the litt[e bull's eye is, the Sonntag piece, that Hampton Inn now is being proposed in that area. Bird: And that would -- that would go off of this same water line? Smith: That would go off the water line that Mr. Laxmi developed. Bird: Okay. And that -- so basically the only -- Smith: Mr. Jackson is the only parcel, I guess, on the piece that Laxmi -- Bird: Existing. Meridian City Council Meeting May 7, 2002 Page 47 of 67 Smith: -- extended that would be yet subject to a latecomer's, except for Sonntag, whenever that comes in. Bird: Yeah. Except for that. Smith: Correct. Bird: And that hasn't come forward yet either. Smith: No, sir. I think it's in the approval process or the review process. Bird: Thank you. Smith: Yes, sir. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would make a motion that we deny the latecomer's agreement request from Jackson Food Store. Corrie: Okay. Motion has been made to deny the request. Is there a second? Nary: Yeah. I'll second it, at least for the purpose of discussion. Corrie: Okay. Discussion? Nary: [guess what Mr. Bailey is asking -- is saying this is the only fee permit we can talk about in -- Bird: Yeah. Nary: What's up here? Bird: That's off of a different line. Nary: This is all a different line up here; is that right? Smith: Councilman Nary, Mayor and Council, the area above to the north of Magic View is -- where the little bull's eye is moving now, that road, St. Luke's Drive I think it's called, was extended around by Winston Moore, I believe, and connected to Magic View. They extended a water line in that road as part of their development to connect to Allen, but we do have a 12 inch line, I think it is, that extends along Magic View to the west of the -- yeah, right to there. And then at that point it was picked up and extended onto the west and south and into Woodbridge and made a connection at Woodbridge. Meridian City Council Meeting May 7, 2002 Page 48 of 67 Nary: So none of this -- none of this remaining connection that's in this area -- anything in here, none of that latecomer would go back to Mr. Jackson? Smith: No. No, sir. He extended it to his west boundary of the -- move it back to the east, Shari. Right there. That's where Mr. Jackson extended the line to that point and so that extension served the property to the north, which is the McDonald's Chevron and his parcel. Nary: So the only way at this juncture, then, Gary, that Mr. Jackson could get reimbursed, then, is to subdivide his property and sell it and then whoever buys that, when they connect, they'd have to pay a latecomer fee to connect from this point. Smith: They would pay a latecomer fee to Laxmi. Nary: Oh, I though Laxmi -- that was from this point. Bird: Right there. Smith: Yes. He connected at that point. Bird: He only ran through to the edge of his developed property. Nary: Okay. Bird: For his development. Corrie: Any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess just a question for clarity. Is that -- the latecomer's is dealt with two different ways. They can ask the city to participate as the administrator in collecting or they can go into an agreement on their own; is that correct? Smith: Council Member de Weerd, Mayor and Council, that is correct. We have had -- ,in the length of time that I have been involved in these things we have had one developer that formed a -- well, actually, I guess there is two developers that have formed little consortiums with other property owners adjacent to their extension and they have actually handled the latecomer fees themselves. One of the developers came back to us after a significant length of time, was having trouble collecting, and wanted us to be involved in a latecomer fee in collecting the fees, but we abstained, because we hadn't had any dealings up to that point with any of the transactions that they had been involved in, so we were really limited on what we felt we could or should do, but, you're right, there are two different ways to approach this latecomer and a lot of times it's a better return for the developer if he can enlist other property owners and form a Meridian City Council Meeting May 7, 2002 Page 49 of 67 consortium to extend the line. He doesn't have this administrative fee to pay to the city for collecting and then disbursing the latecomer fees and -- but that is another option. De Weerd: Okay. Thank you. Corrie: Any other discussion? Okay. Let's have a roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion to deny the request approved. MOTION CARRIED: ALL AYES. Item 8: Ordinance No. AZ 01-012 Request for annexation and zoning of 70.72 acres from RUT to R-8 zones for proposed Sundance Subdivision by G.L. Voigt Development - northeast corner of East Ustick Road and North Meridian Road: Corrie: Okay. Ordinance No. 02-949. This is a request for annexation and zoning of 70.72 acres from RUT to R-8 zones for the proposed Sundance Subdivision by G.L. Voigt Development, northeast corner of Ustick Road and North Meridian Road. At this time I'd like to have the City Clerk read Ordinance No. 02-949 by Title only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 02-949. An Ordinance finding that certain land owned by the McBirney Property Trust to be known as Sundance Subdivision, located at the northeast corner of East Ustick Road and North Meridian 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, that said land be annexed to the City of Meridian and zoning designated Medium Density Residential District (R-8) and declaring 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 map 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 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 63-2315. Corrie: You have heard the reading of Ordinance No. 02-949, a request for annexation and zoning. Is there anyone from the public that would like to hear testimony -- or, excuse me, the Ordinance read in its entirety? Okay. Hearing none, I will entertain a motion on Ordinance No. 02-949. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting May 7, 2002 Page 50 of 67 De Weerd: I move that we approve Ordinance No. 02-949 and instruct the -- or with suspension of rules. Bird: f'lI second that. Corrie: Okay. Motion made and seconded to approve Ordinance 02-949. Is there any further discussion? Roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. Ordinance No. 02-949 has been approved. MOTION CARRIED: ALL AYES. Item 9: Ordinance No. AZ 01-011 Request for annexation and zoning of 9.79 acres from RUT to C-G zones for Franklin Mini Storage by Ron Osborne - 1975 East Franklin Road: Corrie: No.9. Ordinance No. 02-950, which is a request for annexation and zoning of 9.79 acres from RUT to C-G zone for Franklin Mini Storage by Ron Osborne, 1975 East Franklin Road. At this time I would like to have the City Clerk read Ordinance No. 02- 950 by Tit[e only, please. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 02-950. An Ordinance finding that certain land to be known as Franklin Mini Storage, the location of which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner has made a request for annexation in writing to the Council, that said land be annexed into 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 city engineer to add said property to the official map 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 to the Ada County Recorder, Auditor, Treasurer and Assessor and the State Tax Commission, State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63- 2315. Corrie: You have heard the reading of Ordinance No. 02-950 by Title only. Is there anyone from the audience that would like to have it read in its entirety? Hearing none, I'll entertain a motion on the Ordinance 02-950. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. Meridian City Council Meeting May 7,2002 Page 51 of 67 McCandless: I move that we approve Ordinance No. 02-950 with suspension of rules. Nary: Second. Corrie: Okay. Motion has been made and seconded to approve Ordinance No. 02-950 with suspension of rules. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion approved. MOTION CARRIED: ALL AYES. Item 10: Ordinance No. AZ 02-001 Request for annexation and zoning of 1.14 acres from R-1 to R-4 zones for Marvin and Violet Werth by Marvin & Violet Werth -- 2150 South Locust Grove Road: Corrie: Item No. 10 is Ordinance No. 02-951. This is a request for annexation and zoning of 1.14 acres from R-1 to R-4 zone for Marvin and Violet Werth by Marvin and Violet Werth, 2150 South Locust Grove Road. At this time I would request that the City Clerk read Ordinance No. 02-951 by Title only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 02-951. An Ordinance finding that certain land owned by Marvin and Violet Werth, located at 2150 South Locust Grove 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 [and be annexed into the City of Meridian and zoning designated Low Density Residentia[ District (R-4) and declaring that said [and by proper [egal 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 to the Ada County Recorder, Auditor, Treasurer and Assessor and the State Tax Commission, State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2315. Corrie: Okay. You have the reading of Ordinance No. 02-951. Is there anyone from the audience that would like to hear the Ordinance read in its entirety? Hearing none, I will entertain a motion on the Ordinance No. 02-951. Nary: Mr. Mayor? Corrie: Mr. Nary. Meridian City Council Meeting May 7,2002 Page 52 of 67 Nary: I would move the approval of Ordinance No. 02-951, the request for annexation and zoning of 1.14 acres from an R-1 to an R-4 zone for Marvin and Violet Werth by Marvin and Violet Werth at 2150 South Locust Grove and pursuant to Idaho Code with suspension of rules. McCand[ess: Second. Corrie: Motion has been made and seconded. Any further discussion? Roll-call please, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: PP 02-005 Request for Preliminary Plat approval of 4 building lots and 1 other lot on 20.01 acres in a C-G zone for Willey Subdivision by Roylance and Associates -- 3710 East Franklin Road: Corrie: Item No. 11 is a Public Hearing. This is a request for a Preliminary Plat approval of 4 building lots and 1 other lot on 20.01 acres in a C-G zone for Willey Subdivision by Roylance and Associates, 3710 East Franklin Road. At this time I will open the Public Hearing on Preliminary Plat 02-005 and staff comments first. Stiles: Mr. Mayor and Council, this is the property where RC. Willey currently sits. They have -- the RC. Willey store is here. They are proposing another lot on this corner and I believe two other lots in this location north of Lanark. The property was originally annexed as part of Ron Van Auker's Porkey Park Subdivision and that plat is now null and void and in order to obtain additional building permits and to sell off parts of their land, RC. Willey filed this application in order to legally subdivide the property. In the recommendations of the Planning and Zoning Commission -- hopefully you have a copy of Dave McKinnon's proposed changes to the recommendations under Conditional Use Permit -- and these were based on the Planning and Zoning Commission's actions, not necessarily staff who respond to. On page two -- I'm not sure where that came from, because I don't think they did a Conditional Use Permit on this. Nichols: Mr. Mayor and Members of the Council, I think Mr. McKinnon was simply referring to the Preliminary Plat recommendation and not the -- so that's what he's referring to, because if you look at the recommendations prepared by our office for the Commission, it refers to the sidewalk as item number four. Stiles: So the recommendation as he has it worded here was in accordance with the Planning and Zoning Commission's recommendation as far as I understand. The end of the first sentence would need to include 55 after the SH. There is an issue with the sidewalk along this section of Eagle Road. The Idaho Transportation Department will not accept sidewalks within the right of way and there is quite a difference in the right of Meridian City Council Meeting May 7, 2002 Page 53 of 67 way here. I'm not sure what this exactly was for, this additional right of way, but [ would ask that the sidewalk design and location should be coordinated with ITD and the City of Meridian, because I'm sure that the Idaho Transportation Department's response is that they don't want one. Under item six on page two of the recommendation we have run into this situation continually on -- something we need to change in the landscape ordinance, we haven't yet changed it, but Council has approved other applications to approve the street buffers to be placed within a landscape easement, instead of a common lot, and one of the reasons for this was to allow that property to be sold as part of a lot and to be considered a tax paying portion of the lot, instead of a non-tax paying common lot that was owned separately by a business owners association. It would be maintained by a business owners association and the recommendation of P&Z is that it be -- the landscaping be done prior to issuance of a building permit. The only landscaping would be per their original approvals, it would include a 35 foot landscape buffer along Eagle Road. The rest of this is already landscaped and as you can see the parking lot is maybe within that 35 feet, but I think they have landscaped a portion of the right of way -- it looks like it has been at least, going out there. Also on page two, item five of the Preliminary Plat, general requirements, the staff comment was just the comment we make on every application and it says all ditches are to be tiled and they -- the Planning and Zoning Commission went on to say that the Evans Drain shall be tiled and tiling shall be done prior to issuance of a building permit for new construction within the subdivision. When R.C. Willey came in I believe they did put down some money for tiling of this ditch. This portion of the Evans Drain is quite deep. Ron Van Auker has indicated his willingness to also tile this ditch. However, I'm not sure if it's at the same time as this portion. It will need to be a perforated pipe, because it's also a subterranean drain. I don't know if the letter of credit on that has lapsed or whether it was money deposited with the city, but the City Clerk may be able to find that out and see if there is money available to give back to them or whether the letter of credit is still valid. Staff would recommend approval of this Preliminary Plat with all staff conditions -- just one minute, please. Smith: Mr. Mayor and Council, I believe that the roadway that exists there was previously dedicated to ACHD by metes and bounds and the Preliminary Plat that's being submitted to the city is actually two parcels of ground that are separated by a dedicated road. Our experience has been in the past with the Ada County engineer has been that the county will require two subdivision names, because it is separated, unless this roadway would be included in the plat and if that was the case, then the owner of the roadway would need sign the plat as an owner. So I guess we need to find out for sure, if my memory is right, that it is a dedicated roadway. Stiles: It is. Smith: And if that's the case, then from our experience the developer would be looking at two subdivision names as a requirement of the county engineer or including the roadway as part of the plat and having the Highway District sign the plat as an owner. De Weerd: Thank you, Gary. Meridian City Council Meeting May 7,2002 Page 54 of 67 Smith: Sorry. Corrie: Okay. Any other staff comments? Is the -- De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I just have a question for Shari. When I looked at the motion from P&Z it looks like they are mentioning that all landscaping needs to be done prior to the issuance of the building permit, but the tiling of the ditch is to be done at the same time for both RC. Willey and Willey Subdivision, so -- and that's all I have in front of me to reference is -- but you had mentioned that it would be prior to issuance of a building permit. Stiles: That was in the original recommendations. For the landscaping or are you talking about the tiling? De Weerd: The tiling. The tiling of the ditch is to be done at the same time for both RC. Willey and Willey Subdivision and that's the only -- that seems to be the only mention in the actual motion. Stiles: Mr. Nichols could -- if he could remember where this came from. J'm not sure if it came from my staff or is it something the attorney prepared, the two pages dated April 4, 2002. I'm not sure where that came from. At least it seems to be consistent on that two page -- two pages and what David has written and what the recommendation was, that the landscaping and the tiling shall be done prior to issuance of a building permit. I don't believe it should necessarily have to be done prior to the building permit. It could be done prior to occupancy. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: [guess -- since it's not late I guess I can ask this question. This is more of the process, but looking at this -- these last two pages and what's incorporated in the sort of synopsis of the meeting of the Planning and Zoning Commission of April 4, item four, which is RC. Willey, it appears that Mr. McKinnon's corrections to the recommendation prepared by Council from the Planning and Zoning Commission are incorporated in this synopsis. Stiles: Yes. I don't know which came first. Nary: So I guess I'm curious, but we seem to get a lot of these -- what it appears to me is whoever prepared this document -- and there is a court reporter here, this gentleman here was there, so it's not like we have to use these people's memories, that it appears Meridian City Council Meeting May 7. 2002 Page 55 of 67 that the recommendations that were originally prepared, these particular three items, were incorrect. Is that -- Stiles: Yes. Nary: Is that right? Stiles: Yes. Nary: So that's why we should -- it seems like duplicative work to have to do that. We have a person that's there who is preparing this recommendation and then you have to have a staff person review it and then correct it from the things that are in the minutes that a person can read. [t seems duplicative to me. Stiles: We get the findings from the city attorney's office and then review those. Nary: But from a process standpoint, rather than Mr. McKinnon preparing a document, is there any conversation or dialogue with the counsel that say, look, I have read the minutes, they are right here, these three things are wrong, you want to just fix them or do I have to prepare a paper. It just seems like duplicative work to have both Mr. McKinnon's time spent reviewing and making corrections and then preparing a paper -- a memo to us to say these are incorrect when we can all look at the minutes and say, yeah, this is wrong, so just correct them. Why is it done that way? Stiles: This is the method requested by the city attorney's office. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Councilman Nary, and Members of the Council, let me back up a little bit here. Before I started doing the Council meetings there were -- first of all, we didn't have a professional transcriptionist that was preparing Planning and Zoning Commission minutes and a lot of times these recommendations had to be done before those minutes were prepared and so we had no minutes to refer to and so Mr. Gigray had asked Planning and Zoning staff, as well as the applicants, to -- if they had any issues with regard to the recommendations they'd use a position statement, so that it was in writing for the Council to consider at the time the matter came before the Council. That was the origin of the position statement. That's -- I mean that's when it first came to be. We have in the past not gotten the recommendations of Planning and Zoning staff or the applicants in sufficient time ahead of the Council meeting to get meaningful input on potential errors. It's my desire that we do a better job on these recommendations. We have made some staff changes to try to get that recommendation and I have with met both Mr. Borup and Shari on those issues and so it is a work in progress and I would agree with Councilman Nary that if there are small items that need to be changed and they are clearly in the minutes, a phone call or an e- mail should be sufficient to be able to get those recommendations changed before they Meridian City Council Meeting May 7, 2002 Page 56 of 67 come to Council. I mean I agree that that would be a better process, but, again, just to refer to -- in terms of how, you know, the position statement, yes, it was requested by our office, but you could say it was done during another area and certainly before we had the transcript of the minutes as early as we get them now. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And I think that Mr. Nichols has hit the nail on the head and that was my point. [ would imagine there are occasions that a position statement is appropriate, particularly if there is an area of disagreement among the parties as to what was really intended in that same sense. But here when you have, you know, the city's staff and contract staff writing -- spending a lot of time rewriting things on something that is really a scrivener sort of error or a fairly minor type of thing, it seems to make more sense just to do it like I said and that's a process thing we need to get to, but I mean I'm not saying get rid of the position statement process, because I think there are occasions that it probably has significant value and may be the Council's decision to decide what exactly do we think appropriate to evaluate what was said by both parties and what the discussion would be about. I just -- in this particular one it looks like we did some duplicative work that we probably didn't need to and the process probably could have been done a little bit better. Now that we do have a transcriptionist it's a little easier. Stiles: I think this was done during the transition in staff and so hopefully with the new staff member at Planning and Zoning Commission we will be able to do that. The recommendations were submitted to us on April -- well, they were submitted to the City Clerk on April 18th and David submitted his position statement on the 19th and served it on the agencies stated at the bottom of the position statement that -- we will just work on it to get it better. Nary: Okay. Corrie: Any other comments? Okay. Is the representative or the developer here this evening? Come up, please. 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? Rennison: I do. Corrie: Okay. Name and address, please. Rennison: My name is John Rennison. I'm with Roylance and Associates at 391 West State Street in Eagle and I think I might be able to hopefully add a little bit of clarification to the application here, maybe, and I'd first like to speak to the position statement here, one, to clarify that, no, we have not filed a Conditional Use Permit. I think that was just a typo. I think we all confirmed that already. I don't know if the position statement has been entered into record or not. Has it? It has officially? Meridian City Council Meeting May 7, 2002 Page 57 of 67 Nary: It's all part of the record. Rennison: Okay. I just wanted to clarify that. I guess we are in favor of all of those items there and I thought it was a very good -- a job well done, I guess, of trying to capture what I think was meant at the P & Z versus what was actually noted here in those two pages that we were discussing previously and in specific with regard to the Evans Drain and that, it's the owner's request that the condition be made that the requirement for tiling be placed at the building permit stage and as well as the landscape improvements, we be required to do those prior to pulling a building permit. And I did want to note also that the Preliminary Plat has been updated already with a few of the recommendations from P&Z and it has been resubmitted and I don't know if there was distributed a copy of that or not. Okay. Great. So a lot of these items have already been incorporated into a revised map. [ want to point your attention to the landscape buffer that they have requested around the perimeter or that is along the frontage of Franklin and Eagle Road. We have -- as part the city's request and also the owner's preferred method to provide landscape easement, the 35 foot landscape easement along the frontage of both Franklin and Eagle Road. I'd also like to clarify that the landscape plan that was submitted with the original application does actually show some of those existing landscape improvements that are up at the intersection of Franklin Road and Eagle Road. They are not necessarily shown on the Preliminary Plat. Some of the existing improvements. And I think that the proposed landscape plan was in conformance with the ordinances and I think the recommendation was to accept that. On the tiling of the Evans Drain issue, again, to hit on that, Gary brought up some questions about the letter of credit and whether or not that had lapsed or had been renewed. It has, in fact, been renewed with the city for that amount, which was originally required at the approval of the original R.C. Willey project, but -- so that still stands and we'd like to have that continue to be in place until such time that either a building permit is requested on one of the two parcels or until such time that the neighboring property is developed. I think that would be part of the original agreement. [ do want to back up and state that staff did a great job of rekindling what transpired during the original R.C. Willey submittal for that project, gone back through that and read through that. They did a pretty good job of bringing us up to speed on what had happened at that point in time and so I guess the short of it is that we'd like that letter of credit to stay in place and that the condition be placed that we do that tiling before pulling a building permit. And I would like to offer any other -- try to answer any questions that you have in discussion after I'm through here with regard to the tiling. I think there is -- could be a bit of confusion there and I'd like to offer up any clarification items that I might be able to do. With regard to the five foot sidewalk on Eagle Road, I don't know that there is any problem with complying with your request there to place that sidewalk within the landscape easement or that is outside of the right of way should that be the recommendation of the Council. The dedication of the roadway, that roadway has actually been dedicated to the public, so it's -- I think internally we have it shown as included in the subdivision and that's the way we presently have it indicated. I would hope -- or I would ask that we perhaps not hold up the application based on this particular item and that we will go either direction. I'm not quite sure which would be the best and most preferred direction to go, whether we apply for two subdivision names or whether we simply include ACHD in the plat, probably doesn't matter too much. We Meridian City Council Meeting May 7,2002 Page 58 of 67 went through quite a hassle to get the first subdivision name, so I -- I believe there is another R.C. something out there. So Willey has been condensed to Willey. So our request there would be that we have an approval conditioned on either of those two options. So I think we have addressed, again, all of the revised Preliminary Plat items that there were discussed at the P & Z. We have resubmitted that. We think they are clearly addressed and with that I guess we would request approval conditioned on those items that we previously discussed. That's aliI have. Corrie: Any questions of the applicant? De Weerd: He answered them. Bird: He did mine, too. Corrie: Okay. Thank you. I have to ask the question. Is there anyone else from the public that would like to issue testimony at this time? Okay. Hearing none, Council? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Didn't the Corps of Engineers -- wasnft -- that drain, to my knowledge, I recall something -- and I think you and I were the only ones on at that time, that the Corps of Engineers did not want that tiled and we stated it and we stated it -- I don't know how -- every time something comes up along there we seem to come up with the tiling of that drain. In fact, I remember -- if [ remember right, Councilman Rountree checked into it with the Corps of Engineers and they were very adamant that they didn't want -- did not want that tiled. I could be wrong, but that sticks in my mind that there was something on that. Maybe Shari can answer it better. I don't know. Corrie: That's my recollection, too, and one of the reasons was -- I think Charlie found out that the water could be too much for the hole underneath the -- Bird: And there would be a flood -- Corrie: And there would be a flood there, so -- I guess it's something that's an ordinance that it has to be done or -- but nobody wanted that tiled. Do we still require R.C. Willey to pay for tiling and then -- whether they tile it or not? Stiles: Mr. Mayor and Council, it was a condition of the original annexation and the approval. Mr. Van Auker does fully intend to tile his remaining portion of the property to the east. Nampa-Meridian has given us a letter stating that they would like it to be tiled. It would have to be open joint or perforated pipe or something like that to take the groundwater that comes in that, but I don't know how the Corps of Engineers -- having any say or -- I think when the city came in they were arguing some point that it shouldn't be tiled because of all the groundwater and that it accepted a lot more drainage than maybe Nampa-Meridian realized, but as far as the Corps -- I mean it accepts drainage Meridian City Council MeeUng May 7, 2002 Page 59 of 67 off parking lots and it's not a natural stream, There is quite a bit of property to be gained by tiling that. It's probably a good 40 feet across and extremely steep. Corrie: You're much younger than I, maybe your memory is better than mine, but I remember a discussion -- Bird: There was a discussion on that and I -- Nampa-Meridian don't have the control of that drain ditch, do they? That is some kind of a -- Gary, am I right, hasn't that got something to do with flood control? That drain ditch? And like the Mayor said, there was something -- the reason they did not want that tiled. Smith: Councilman Bird, Mayor and Council, I think it takes drainage from upstream and I'm not sure where it starts, but -- but [ believe that Nampa-Meridian's concern was that -- and it may have been someone else's concern, that it is a drainage ditch and it is taking groundwater flow -- whoever had that concern, wanted to be sure that the pipe was large enough and that it was open jointed or perforated, so that it would continue to act as a drain if it was piped. I don't remember much else from that conversation long ago, but -- Bird: Gary, if it's perforated will that accept -- but if it's covered over, how is it going to accept -- as I understood it, that is a flood control -- starting up where Touchmark and that -- and all that bench above there is that flows down into that. That's sticks in my mind that something was brought up about that. Smith: Well, I think that -- Councilman Bird, I think that I can recall seeing it across Cloverdale. I think this drain pretty much parallels the railroad. I don't know how far it continues to the east. I really don't know what it -- Bird: I don't think it -- it don't go to Maple Grove. I'm trying to think if it goes to Five Mile. I can't remember how far it goes down there. Corrie: Well, I guess if they are both willing to -- Bird: Yeah. [fthey are both willing to, I mean -- Nary: Mr. Mayor? Corrie: Yes, Mr. Nary. Nary: Would it be better to word that this particular section of the Evans Drain shall be tiled if allowed by the controlling utility? And that way we are not going to hold up R.C. Willey. Bird: That's right. Nary: And if the controlling authority is still of the mind set back when this was originally approved that it's not allowed, well, then you're off the hook, but if they are going to allow it, then that's fine. Meridian City Council Meeting May 7,2002 Page 60 of 67 Bird: If they are willing to -- Nary: Do you think that would be problematic, Mr. Smith, if we simply just put in language that said as long as it's allowed by the controlling authority? Smith: I think that would be adequate, Councilman Nary. Yes. Bird: Okay. Corrie: One thing we don't need to do is hold that up. Okay. Smith: Mayor and Council, I think that -- Shari also pointed out that they are showing some drainage along the north boundary of Lanark. I guess that would be over the -- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Smith, you weren't suggesting that we delay this to make the decision on whether or not the roadway should be signed by ACHD as an owner or whether or not a new name, you were just -- Smith: No. Nary: -- suggesting a warning or I guess indicating they are going to have to fix that. Smith: Yes. Correct. Nary: It may be easier to make a Willey II Subdivision than to get ACHD to sign it. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: In Planning and Zoning's overview or staffs overview on -- dated March 28th on page five, they did discuss the tiling of the Evans Drain and some of historical sequence of events and it looked like R.C. Willey had submitted a variance application to not tile it and it was suggested that if it exceeded the 48 inches they would not have to. Then Nampa-Meridian came back and said it would not exceed 48 inches and so it appeared that they would have to tile it. So your recollection -- your memory serves you right, but it has been addressed through the history of this project it looks like and so it looks like Nampa-Meridian does want it to be tiled. Bird: [don't believe Nampa-Meridian has the final say on it. That's what I'm saying. There was something about the Corps of Engineers on it. Corrie: That it's a drainage that-- Meridian City Council Meeting May 7, 2002 Page 61 of 67 Bird: It's a drainage, not an irrigation ditch. Corrie: Okay. Any other discussion? Okay. No more discussion on the Public Hearing -- Stiles: Mr. Mayor? Corrie: Yes, Mrs. Stiles. Stiles: I had a question of the applicant. Corrie: Okay. If you would come up, please, to the microphone, so that we can hear what the question and the answer is going to be. Stiles: The applicant had stated that RC. Willey wants it to be a condition of the approval that the tiling be done prior to issuance of a building permit. Is that something that RC. Willey is going to do or that they expect the first person coming in for a building permit will be required to do? Rennison: Shari, I think that RC. Willey already has the -- by issue or posting the letter of credit, the understanding or -- lacking the word here -- the commitment to fulfill that requirement themselves. Stiles: Okay. Was there any particular reason that they wanted to put it upon themselves that that be done prior to issuance of the building permit? Was it to make those lots more salable or make sure their storm water could be accommodated or -- I was just curious. Rennison: [think the -- I know you weren't there for the P & Z meeting, but I think it was P & Z's recommendation that it be -- that that be the time line when -- that it -- the entire drain be tiled prior to the first initial building permit for safety concerns I think was the primary issue. Stiles: So that wasn't something RC. Willey requested, that they wanted to be required to tile prior to issuance of a building permit? Rennison: That's correct. Stiles: Okay. Thanks. Corrie: Thank you. Any other questions? Hearing none, I'll entertain a motion to close the Public Hearing. Bird: So moved. De Weerd: Second. Meridian City Council Meeting May 7. 2002 Page 62 of 67 Corrie: Motion has been made and seconded to close the Public Hearing on the Preliminary Plat, PP 02-005. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Further discussion on the request for the Preliminary Plat? Okay. Hearing none, I will then entertain a motion for the request for the Preliminary Plat, 02-005, by Willey Subdivision. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve PP 02-005, request for Preliminary Plat approval of four building lots and one other lot on 20.01 acres in a C-G zone for Willey Subdivision and to include all staff comments and to ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order; to include in the recommended language of Mrs. Stiles for the sidewalk along Eagle Road to be upon approval of ITD and the City of Meridian, to encourage the detached sidewalk, and to also incorporate the position statement of Mr. McKinnon as well. Bird: I will second it. Corrie: Okay. Motion has been made and seconded. Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Is there any necessity to deal with the drain issue, as well as the authority to allow the drain to be tiled? So we amend number five to say the Evans Drain shall be tiled if allowed by the controlling authority and tiling, if allowed, shall be done prior to the issuance of a building permit. De Weerd: My motion would agree with that. Bird: Second agrees. Corrie: Okay. With that addition to the motion any further discussion? Hearing none? Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Meridian City Council Meeling May 7, 2002 Page 63 of 67 Item 12: Public Hearing: MI 02-004 Request for modification of the Findings of Fact and Conclusions of Law and Order of Conditional Approval of Preliminary Plat regarding the sidewalk requirement for Elixir Subdivision by Paul B. Clayton - 521 North Eagle Road: Item 13: Public Hearing: V AR 02-003 Request for a variance from Meridian City Code 12-2-5 regarding the sidewalk requirement for Elixir Subdivision by Paul B. Clayton - 521 North Eagle Road: Corrie: Okay. Item Nos. 12 and 13. We can open the Public Hearing on both of those. One Public Hearing is for a request for modification of the Findings of Facts and Conclusions of Law and Order and conditional approval of Preliminary Plat regarding sidewalk requirement for E[ixir Subdivision by Paul B. Clayton, 521 North Eagle Road. And also I will open the Public Hearing on the request for variance from Meridian City Code 12-2-5 regarding the sidewalk requirement for Elixir Subdivision by Paul B. Clayton at 521 North Eagle Road. So I have opened the Public Hearings and -- Paul, wait just a minute -- Paul, wait just a second. I'll have the staff and then I'll have you come up and we will be all set. Staff comments. (Mayor Corrie left room.) Stiles: Mr. Mayor and Council, this is for the subdivision that was -- a portion of this property was rezoned for Primary Health to come in. That would have been the corner right here, approximately an acre there. The two applications were submitted because the one was to modify the conditions of the Preliminary Plat and the other was to obtain a variance for the sidewalk requirement, because it is city ordinance. The applicant we have met on numerous occasions. I'm not sure how much -- how far this right of way goes, but the applicant was concerned that if they did put a sidewalk in, that there would be dirt falling in from the embankment. It's not -- it's not real clear here, but it is quite a steep embankment and Idaho Transportation Department does not want it within their right of way. When you get to the end of the Elixir property as you're going north on Eagle you come to the railroad tracks, it would be next to impossible to get approval to cross that with a sidewalk and then on the other side of the railroad tracks is the Evans Drain that at some point mayor may not be piped and then it just goes on steeper from there to get up to Franklin Road. Staff did consider this request and recommended approval based on the unusual topography and would recommend approval for deletion of the requirement for Eagle -- excuse me -- to delete the requirement for a sidewalk on Eagle Road for the subdivision. Also in the application for the modification of the Preliminary Plat, for some reason the findings that were included in this application were for the rezoning. I didn't see any reference to the sidewalk being required in that, but Dave McKinnon's summary -- David McKinnon's summary does indicate that page seven, item number 17, of the Findings of Fact and Conclusions of law for the Preliminary Plat did contain that requirement, so that would be what we would request to be changed under the Preliminary Plat condition. All other terms and conditions of the Preliminary Plat would remain in effect. I believe we had reached conclusions on all other issues for the subdivision and that's alii have. Meridian City Council Meeting May 7,2002 Page 64 of 67 De Weerd: Okay. Thank you, Shari. Council, do you have any questions for staff at this point? Nary: None, Mayor. De Weerd: President would be-- Nary: Sorry. De Weerd: Councilman Nary. Nary: Maybe I just -- in reading them isn't it backwards? Don't they need the variance first and then to modify the conditions of approval? Stiles: Yes. I believe that would be appropriate. Nary: Okay. Thank you. De Weerd: Thank you. Mr. Clayton, would you like to comment? I'm sure you -- Clayton: I guess the last is the best. De Weerd: Please state your name and address. Clayton: My name is Paul Clayton, 501 North Eag[e Road, Meridian, Idaho. (Mayor Corrie returned.) De Weerd: Would you want to swear him in, Mr. Mayor? Just in time. Corrie: Is the testimony you're about to give the whole truth and nothing but the truth, so help you God? Clayton: I do. Corrie: Thank you. Clayton: Somewhere in the Bible it says that the last shall be first and the first shall be last, so I guess I'm number one. However, we are appreciative of what staff has done and we are going to proceed with our project here. We come very close to losing our tenant, but we have saved the deal, so we will go ahead and do these things and with the cooperation of the people that we have hired to take care of things I'm sure we will have the thing in order very shortly. Thank you very much. Corrie: Thank you, Paul. Thank you for waiting. Appreciate that. Any other questions of Cou ncil? Meridian City Council Meeting May 7,2002 Page 65 of 67 Bird: I have none. Corrie: I'll entertain a motion, then, if there is no other -- to close the Public Hearing on Item No. 12 and 13. Bird: So moved. Nary: Second. Corrie: Motion made and seconded to close the Public Hearing on the modification of the Findings of Facts 02-004 and the Variance 02-003. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I think it was pointed out we need to pass Item 13 before we do 12. Corrie: Okay. I need to have an agreement to close the Public Hearing on -- Bird: ['m sorry. I thought we had already voted on it. I'm getting ahead of myself. Corrie: All those in favor of the motion say aye. Okay. All ayes. MOT[ON, CARRIED: ALL AYES. Corrie: I will, then, take the request for the Variance 02-003. Discussion? Hearing none, I'll entertain a motion, then, on the request. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve Variance 02-003, request for a variance from Meridian City Code 12-2-5 regarding the sidewalk requirement for Elixir Subdivision and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order, to include all staff comments. McCandless: Second. Corrie: Okay. Motion has been made and seconded on the request for variance. Any further discussion? Hearing none, Mr. Berg, roll-call vote, please. Roll-Call: McCand[ess, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion on the variance is approved. Meridian City Council Meeling May 7,2002 Page 66 of 67 MOTION CARRIED: ALL AYES. Corrie: Now I will entertain a motion on the modification of the Findings of Facts and Conclusions of Law, if there is no further discussion. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approved MI 02-004, request for modification of the Findings of Fact and Conclusions of Law and Order of conditional approval of Preliminary Plat regarding the sidewalk requirement for Elixir Subdivision to include all staff comments and testimony and have the attorney draw up the appropriate paperwork. Bird: Second. Corrie: Motion has been made and seconded to approve the request for modification, Mf 02-004. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. Thank you, Paul. MOTION CARRIED: ALL AYES. Corrie: Okay. I would like to remind Council that we do have another meeting on Thursday night at a baseball field if you so desire to be there. With that I thank everybody for the short meeting. Smith: Mr. Mayor? Corrie: The special meeting next week will be at 5:30 and it will include rural fire -- meeting with the rural fire commissioners and also if we get -- would like to have EGA come and also talk to us about another subject. So we will do that at 5:30, a special meeting before the workshop. Mr. Smith. Smith: Mr. Mayor, I was wondering if Mr. Nichols had heard anything from our injunction on the White Drain. We received two phone calls today in fairly short order from the low bidder. He's concerned about pipe prices and wants to move forward, so-- Corrie: I will turn that over to Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, and Gary, I apologize I didn't get seven copies, because I had six made, but I just got today a copy of the order of dismissal, which was entered in the case. So the case has been dismissed, the city is free to enter into the contract and go forward with the project. Meridian City Council Meeting May 7. 2002 Page 67 of 67 Smith: So we can put a notice of award together for the Mayor to sign and -- Nichols: Yes. Smith: -- contracts to send to the low bidder. Okay. Thank you very much. Corrie: With that being said, any other announcements? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: [think [ e-mailed everyone here today and he's already gone, but [ was -- you know, it's on the 15th, but there is a map of the Comprehensive Plan, just like that one on the wall there on the website of the Idaho Statesman, so it gives us an opportunity to let other folks know a place to see that without having to come down here. It was nice of the Statesman to do that for us. So that was a very nice gesture on their part. Corrie: I looked at that. It was nice. With that I will entertain a motion to adjourn. Bird: So moved. De Weerd: Second. Corrie: Motion made and second. All those in favor say aye. MOTION CARRIED: ALL AYES. Corrie: At 10:02. MEETING ADJOURNED AT 10:02 P.M. FILE OF THESE PROCEEDINGS) f} / 29/ OL DATE APPROVED - - CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 7,2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: x X~ Tammy de Weerd X' Cherie McCandless 'X X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: ''1I7'Y'';V'<...- 3. Consent Agenda: F. A. Approve minutes of April 9, 2002 City Council Regular Workshop: affY!'vL Approve minutes of April 16, 2002 City Council Regular Meeting: ~V'e..- Findings of Fact and Conclusions of Law for Denial: VAR 02- 002 Request for variance to allow existing "Bucket Sign" at the Kentuckv Fried Chicken restaurant by King Electric Signs - 677 S.E.1stStreet: ~1/1..L Findings of Fact and Conclusions of Law for Denial: CUP 02- 003 Request for a Conditional Use Permit to add one to two additional children after school in existing Family Home Oaycare in an R-8 zone for Christina Floyd by Christina Floyd - 567 East Brown Bear Street: ap-fll"Vv-..e- Findings of Fact and Conclusions of Law for Approval: CUP 02-004 Request for a Conditional Use Permit for an automotive repair business and vehicle parking and storage for Meridian Automotive and Machine by Meridian Automotive and Machine, Inc. - 505 East 1 st Street: CW/'t?I/1'<"'- Findings of Fact and Conclusions of Law for Approval: PP 02- 003 Request for Preliminary Plat approval of 8 building lots and 11 other lots on 113.15 acres in an L~O zone for Touchmark Living Center by Touchmark Living Center - south of East Franklin Road and east of South Eagle Road: ~jl;-VV<-- B. C. D. E. Meridian City Council Agenda - May 7, 2002 Page I 00 All materials presented at public meetings shall become property oflhe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at &&8-4433 at least 48 hours prior to the public meeting. Findings of Facts and Conclusions of Law for Approval: White Sewer Trunk Project Bid Award: a'f/7Y'(}v& Development Agreement: AZ 01-012 Request for annexation and zoning of 70.72 acres from RUT to R-8 zones for proposed Sundance Subdivision by G.L. Voigt Development - northeast corner of East Ustick Road and North Meridian Road: Cij?,Ifn"/I'Z Development Agreement: AZ 01-011 Request for annexation and zoning of 9.79 acres from RUT to C-G zones for Franklin Mini StoraQe by Ron Osborne - 1975 East Franklin Road: Clf78f?JVI.-i!-- Development Agreement: Partial Amended Development Agreement between the City of Meridian and Contractors Equipment Supply Company, Inc. (CESCO): c:v;rt/rNlX.../ South SlouQh Sewer Project, Engineering Agreement Addendum, J-U-B EnQineers: ~ V\e.. South SloUQh Sewer Easement - Jim Kissler: t:1-f1'P yu:....- Boise River Outfall Engineering Agreement, Keller Associates: ~ro,,~ Approve Bills: a?pt?V'..e- 4. Department Reports: f5 - H. J. K. L M. N. G. I. A. Planning and Zoning Department: 1. Ada County Development Services file 02-12-CU I 02-09-MSP- Christian Family Matters: o/J7Y77vl.e I-ec~~v 2. Award of Contract to Develop Design Standards for Urban Renewal Area, McKibben & Cooper Architects: Uf.pJ'1?v-..e- B. Public Works Department: 1. Water Department Line Item Transfer of Funds - Water Tower RepaintinQ Proiect: a-~,,~ 2. Tabled from April 23, 2002: Award of Contract for Elevated (Water) Tank Repainting Project: ~vv..- Meridian City Council Agenda - May 7, 2002 Page 2 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 4& hours prior to the public meeting. 11. 12. 13. 5. C. Parks Department: 1. Kiwanis Meridian Park Master Plan: 4f~v-.e c~cep r- 2~ J"/2ci fJ~/c.. - t:&1-hrv~:t fof'rejJlt/l..( c~cr (Items Moved from Consent Agenda) ( 1/ ) Continued Public Hearing from April 23, 2002: Proposed Comprehensive Parks and Recreation System and Action Plan: Ct7YV/7hu.<: jJ/A 7'v J~ 4-, 2'l902- /?try Latecomers Agreement Request from Jackson's Food Stores: c:tbn j /tL r "t.{ J (- Ordinance No. OZ'- C/41 AZ 01-012 Request for annexation and zoning of 70.72 acres from RUT to R-8 zones for proposed Sundance Subdivision by G.L. Voigt Development - northeast corner of East Ustick Road and North Meridian Road: Ci-/PYtl V'<- Ordinance No. tJ 2 - r 50 AZ 01-011 Request for annexation and zoning of 9.79 acres from RUT to C-G zones for Franklin Mini Storage by Ron Osborne -1975 East Franklin Road: t:l7/rov-<- Ordinance No. {) 2- - q 5/ AZ 02-001 Request for annexation and zoning of 1.14 acres from R-1 to R-4 zones for Marvin and Violet Werth by Marvin & Violet Werth -- 2150 South Locust Grove Road: tb;t'?rO V'<-' Public Hearing: PP 02-005 Request for Preliminary Plat approval of 4 building lots and 1 other lot on 20.01 acres in a C-G zone for Willey Subdivision by Roylance and Associates:- 3710 Fast Franklin Road: afh:-vr.-ej/ fr? ~f? ~ ~:; p '" C~ I..t. Public Hearing: MI 02-004 Request for modification of the Findings of Fact and Conclusions of Law and Order of Conditional Approval of Preliminary Plat regarding the sidewalk requirement for Elixir Subdivision by Paul B. Clayton - 521 North Eagle Road: ~? -f'tP pvt.-'p~~ ,p/;:.( c/ ,(. Public Hearing: VAR 02-003 Request for a variance from Meridian City Code 12-2-5 regarding the sidewalk requirement for Elixir Subdivision by Paul B. Clayton - 521 North Eagle Road: a f/7n.-rtJ!.:J fo ~I th..L PI f- ( e l.l 6. 7. 8. 9. 10. Meridian City Council Agenda - May 7,2002 Page 3 00 All materials presented at public meetings shall become property ofthe 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. YlxQS~ Vo~-t jOy ?(;~~LLC nOt-lC-L'- Lnovntsi CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 7,2002, at 6:30 p.m. City Council Chambers 1. Roll-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 of April 9, 2002 City Council Regular Workshop: B. Approve minutes of April 16, 2002 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Denial: V AR 02- 002 Request for variance to allow existing "Bucket Sign" at the Kentuckv Fried Chicken restaurant by King Electric Signs - 677 S.E. 1st Street: D. Findings of Fact and Conclusions of Law for Denial: CUP 02- 003 Request for a Conditional Use Permit to add one to two additional children after school in existing Family Home Daycafe in an R-8 zone for Christina Floyd by Christina Floyd - 567 East Brown Bear Street: E. Findings of Fact and Conclusions of Law for Approval: CUP 02-004 Request for a Conditional Use Permit for an automotive repair business and vehicle parking and storage fOf Meridian Automotive and Machine by Meridian Automotive and Machine, Inc. - 505 East 1 st Street: F. Findings of Fact and Conclusions of Law for Approval: PP 02- 003 Request for Preliminary Plat approval of 8 building lots and 11 other lots on 113.15 acres in an L-O zone for Touchmark Living Center by Touchmark Living Center - south of East Franklin Road and east of South Eagle Road: Meridian City Council Agenda- May 7.2002 Page lof3 All materials 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 8&&-4433 lit least 48 hours prior to the public meeting. G. Findings of Facts and Conclusions of Law for Approval: White Sewer Trunk Project Bid Award: H. Development Agreement: AZ 01~012 Request for annexation and zoning of 70.72 acres from RUT to R-8 zones for proposed Sundance Subdivision by G.L. Voigt Development - northeast corner of East Ustick Road and North Meridian Road: I. Development Agreement: AZ 01~011 Request for annexation and zoning of 9.79 acres from RUT to C-G zones for Franklin Mini Storage by Ron Osborne - 1975 East Franklin Road: J. Development Agreement: Partial Amended Development Agreement between the City of Meridian and Contractors Equipment Supply Company, Inc. (CESCO): K. South Slough Sewer Project, Engineering Agreement Addendum, J-U-B Engineers: L. South Slough Sewer Easement - Jim Kissler: M. Boise River Outfall Engineering Agreement, Keller Associates: N. Approve Bills: 4. Department Reports: A. Planning and Zoning Department: 1. Ada County Development Services file 02-12-CU I 02-09-MSP- Christian Family Matters: 2. Award of Contract to Develop Design Standards for Urban Renewal Area, McKibben & Cooper Architects: B. Public Works Department: 1. Water Department Line Item Transfer of Funds - Water Tower Repaintinq Proiect: 2. Tabled from April 23, 2002: Award of Contract for Elevated (Water) Tank Repaintina Proiect: Meridian City Council Agenda - May 7,2002 Page 2 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. C. Parks Department: 1. Kiwanis Meridian Park Master Plan: 5. (Items Moved from Consent Agenda) 6. Continued Public Hearing from April 23, 2002: Proposed Comprehensive Parks and Recreation System and Action Plan: 7. Latecomers Agreement Request from Jackson's Food Stores: 8. Ordinance No. AZ 01-012 Request for annexation and zoning of 70.72 acres from RUT to R-8 zones for proposed Sundance Subdivision by G.L. Voigt Deve[opment - northeast corner of East Ustick Road and North Meridian Road: 9. Ordinance No. AZ 01-011 Request for annexation and zoning of 9.79 acres from RUT to C-G zones for Franklin Mini Storage by Ron Osborne - 1975 East Franklin Road: 10. Ordinance No. AZ 02-001 Request for annexation and zoning of 1.14 acres from R-1 to R-4 zones for Marvin and Violet Werth by Marvin & Violet Werth -- 2150 South Locust Grove Road: 11. Public Hearing: PP 02-005 Request for Preliminary Plat approval of 4 building lots and 1 other lot on 20.01 acres in a C-G zone for Willey Subdivision by Roylance and Associates -- 3710 East Franklin Road: 12. Public Hearing: MI 02-004 Request for modification of the Findings of Fact and Conclusions of Law and Order of Conditional Approval of Preliminary Plat regarding the sidewalk requirement for Elixir Subdivision by Paul B. Clayton - 521 North Eagle Road: 13. Public Hearing: VAR 02-003 Request for a variance from Meridian City Code 12-2-5 regarding the sidewalk requirement for Elixir Subdivision by Paul B. Clayton - 521 North Eagle Road: Meridian City Council Agenda - May 7, 2002 Page 3 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. May 3, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT May 7, 2002 ,6 ~'A REQUEST Approve minutes of April 9, 2002 City Council Regular Workshop ITEM NO. AGENCY COMMENTS CITY CLERK: CITY ENGJNEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDJAN 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: r}.) rnrf1l~ O!)vr Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. May 3, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT May 7, 2002 ITEM NO. :1-13 REQUEST Approve minutes of April 16, 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: vY.. . j)rr/J~ {Uli Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF KING ELECTRIC SIGNS / KENTUCKY FRIED CHICKEN, REQUEST FOR VARIANCE TO ALLOW THE EXISTING BUCKET SIGN IN A C- G ZONE, LOCATED AT 677 EAST 1 ST STREET, MERIDIAN, IDAHO C/C 04-16-02 ) ) ) ) ) ) ) ) CASE NO. V AR-02-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on April 16, 2002, and David McKinnon, Planner II for the Planning and Zoning Department, and Phil Atteberry, Sally Norton, appeared and testified, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / KING ELECTRIC SIGNS.! KENTUCKY FRIED CHICKEN (V AR-02-002) Page 1 of 7 STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW Judicial Notice: The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 1. The City of Meridian has authority pursuant to the enactment of the "Local Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code and in particular in S 67 ~6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has duly exercised its authority of Idaho Code S 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code S 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code S 67-6509, 6516 and Meridian City Code ss 11-15-5 and 11-17- 5. 4. Application and standards for variances are set forth in Meridian City Code S 11-18-2, and the findings which are required are set forth in Meridian City Code S 11-18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE I KING ELECTRIC SIGNS.! KENTUCKY FRIED CHICKEN (V AR-02-002) Page 2 of 7 and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, 9 11-18-3, and in particular item 911-18-3 D, FINDINGS, and in the C-G zone, which provides as follows: 11-18-3 D FINDINGS: A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING V ARIANCE I KING ELECTRIC SIGNS.! KENTUCKY FRIED CHICKEN (V AR-02-002) Page 3 of 7 with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title. C. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan. 6. That the City of Meridian adopted a new Sign Ordinance on February 20,2001, and which Sign Ordinance addresses, under 8811-14-8 Band 11-18-3 D, that whenever a change in a specific piece of property's building or layout, by more than 25%, and a nonconforming sign on that property exists, the sign is no longer legally nonconforming and shall be removed. The approval of the new Sign Ordinance would then apply to the Applicant's present variance request, as the Applicant is constructing a new building on the property, which will be more than 25% change to the property. Additionally, the height of the sign is not in compliance with 811-14-10, as the present sign is more than three hundred feet from the freeway and it is not considered an 1-84 Overlay Zone sign. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE! KING ELECTRIC SIGNS.! KENTUCKY FRIED CHICKEN (V AR-02-002) Page 4 of 7 STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT I. The applicant, IGng Electric Signs / Kentucky Fried Chicken, G & H Enterprises, owner of the property located at 677 East 1st Street, filed for a variance of the sign requirements of the Meridian City Code at & II ~ 14~ I 0, and which existing bucket sign is not in conformance with the new Meridian City Code. Applicant's present bucket sign is currently more than three hundred feet from the freeway and it is not considered an 1-84 Overlay Zone sign. Also, the present bucket sign is not in compliance with Meridian City Code &&11-14-8 Band 11-18-3 D. Additionally, a new building is being built upon the property, and the new building is significantly more than 25% change to the property, essentially by the removal of the use of the building by the construction of a new building. 2. Applicant, IGng Electric Signs ./ Kentucky Fried Chicken, seeks a variance of the sign requirements because the sign is already existing on the property. 3. The location of the subject property is located in a General Retail and Service Commercial District (C-G) at 677 East pt Street, Meridian, Idaho. 4. The legal description of the property appertains to the real property that is included within the Vicinity Map as appears in the record of proceeds of this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE! KING ELECTRIC SIGNS.! KENTUCKY FRIED CHICKEN (V AR-02~002) Page 5 of 7 matter, and is described as follows: A tract of land situated in Government Lot #2, Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monumenting the Northwest corner of said Section 18, thence S 0049' 1 0" W along the section line a distance of 2654.47 feet to a brass cap monumenting the West 1/4 corner of said Section 18, thence N 07014'25" E a distance of 223.46 feet to a steel pin, said pin being the REAL POINT OF BEGINNING. Thence N 0049'05" E a distance of 357.70 feet to a point, thence S 60053'28" E a distance of 266.61 feet to a point, thence S 29003'21" W a distance of 4.00 feet to a highway right-of-way monument (State Highway 69), thence S 31002'34" W a distance of 183.50 feet to a highway right-of-way monument, thence S 30021'00" W a distance of 130.58 feet to a highway right-of-way monument, thence N 58057'26" W a distance of 88.11 feet to a REAL POINT OF BEGINNING. The above-described tract of land contains 1.29 acres more or less, and is subject to all existing easements and rights-of-way. Together with their appurtenances. 5. Pursuant to the staff testimony and action of the City Council at their April 16, 2002 meeting, that the request for variance should be denied because no facts exist which satisfy the requirements of MCC 11-18-3 D. 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 AND -- ORDER OF DECISION DENYING VARIANCE / KING ELECTRIC SIGNS.! KENTUCKY FRIED CHICKEN (V AR-02-002) Page 6 of 7 1. Pursuant to SS11-18-3 D, 11-14-8 B, and 11-14-10 of the Meridian City Code, the Applicant is hereby denied the sign variance as per the decision of the City Council at their April 16,2002, meeting, for the real property located at 677 East pt Street, Meridian, Idaho. 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 167-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a fence variance of 11-13-4 B 3 Screening as provided in the Section 11-2-410 A, and 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. '/-VA.. By action of the City Council at its regular meeting held on the _ -- day of ;JZtZt{, I ,2002. ROLLCALL: COUNCILMAN KEITH BIRD VOTED~'- VOTED flktfL. COUNCILWOMAN TAMMY deWEERD FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / KING ELECTRIC SIGNS.! KENTUCKY FRIED CHICKEN (V AR-02-002) Page 7 of 7 COUNCILWOMAN CHERIE McCANDLESS VOTED fIe"- COUNCILMAN WM. L.M. NARY VOTED j!e.CC MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: !f! -"7---0'2- . MOTION: APPROVED:~ ~ VOTED --- DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. ,'I'I\\\~lI.I~;:IJI:II/ ,,\ -I 0- 1Vii::..P'D" //1 "~,I :\ ~ '1 /"'i /", '/ $' c) ;r\'?oR.-q 'A/ "''''.. Dated: f)--7--rJ 2-- f ~(p /-<."0 -\ ~ = SEAL ""? f? ~ vOu ~o~ ~ 1".0 '8r 1Si . ..(" $ -;. ~ ~ ~ ...",/; cou 'oJ '{\> "~I' ""II NT l' \\" III III lillrrtllllllll ByJf~~~1{l City Clerk (/ Z:\Work\M\Mcridian\Mcridian I 5360M\KFC Bukct Sign V AR02-002\FfClsDcnyVariance.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING V ARlANCE ! KING ELECTRIC SIGNS.! KENTUCKY FRIED CHICKEN (V AR-02-002) Page 8 of 7 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST ) FOR CONDITIONAL USE PERMIT FOR ) CHRISTINA FLOYD FOR A GROUP ) CHILD CARE HOME FOR ) APPROXIMATELY 7 CHILDREN IN AN ) R-8 ZONE, LOCATED AT 567 EAST ) BROWN BEAR STREET, MERIDIAN, ) IDAHO ) BY CHRISTIAN FLOYD ) ) CIC 04/16/02 CUP-02-003 ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on the 16th day of April, 2002, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:30 o'clock p.m., and the Council having received the record of this matter from the Planning and Zoning Commission including the Planning and Zoning Commission's Recommendation to City Council, and David McIGnnon Planner II for the Planning and Zoning Department, and Christina Floyd, appeared and testified, and the Council having duly considered the matter makes the following Findings of Fact and Conclusions of Law and Decision and Order. ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT 1 BY CHRISTINA FLOYD (CUP-02-003 ) - 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21,1993, Ordinance #629 - January 4,1994 and Maps. 2. Staff has complied with the requirements of r.c. 9 67-6509 and 67- 6512 and 99 11-2-416 E and 11-2-418 E. 3. The Council does for purposes of this dismissal Order, deny the Conditional Use Permit application as this Conditional Use Permit application is not required by the City of Meridian for the number of children the applicant is currently requesting, as five children, not including applicant's own, are allowed with the applicant's Accessory Use Permit. ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / BY CHRISTINA FLOYD (CUP-02-003) - 2 ORDER OF DISMISSAL OF APPLICATION NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, and specifically due to the fact that this Conditional Use Permit application is not required by the City of Meridian for the number of children the applicant is currently requesting, as five children, not including applicant's own, are allowed with the applicant's Accessory Use Permit. Additionally, the City of Meridian shall reimburse the applicant for her filing fees for the Conditional Use Permit application; and therefore this application is therefore dismissed. The City Council of the City of Meridian hereby adopts and approves this Decision and Order of Denial. DECISION OF DENIAL ROLL CALL: COUNCILMAN BIRD VOTED $<-- COUNCILWOMAN deWEERD VOTED$<-- COUNCILWOMAN McCANDLESS VOTED j/~~ ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PER1v1IT / BY CHRISTINA FLOYD (CUP-02-003) - 3 COUNCILMAN NARY .MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 5'- 7-0 :2- MOTION: ~ APPROVED: DISAPPROVED: VOTED4tLI VOTED - Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By:dI~k~9- City Clerk p Dated: s--- -t72- z:\ W ork\M\Meridian\Meridian 15360M\Floyd Christina CUP02.003\FFCLOrdCUPDenial.doc ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / BY CHRISTINA FLOYD (CUP-02-003) - 4 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04-16-02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR AN ) AUTOMOTIVE REPAIR ) BUSINESS AND VEHICLE ) STORAGE IN OLD TOWN ) ZONE FOR MERIDIAN ) AUTOMOTIVE & MACHINE, ) LOCATED ON THE WEST SIDE ) OF E. FIRST STREET (aka ) MAIN STREET), JUST SOUTH ) OF THE RAILROAD TRACKS ) IN OLD TOWN, MERIDIAN, ) IDAHO ) ) JOHN NESMITH, MERIDIAN ) AUTOMOTIVE & MACHINE, ) ) APPLICANT ) ) Case No. CUP-02-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on April 16, 2002, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and David McKinnon, Planner II for the Planning and Zoning Department, James Gibson, and John Nesmith, appeared and testified, and the City Council having duly considered the evidence and the record in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02~004) 1 this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 16, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (3001) of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the April 16, 2002, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING, CONDITIONAL USE PER1Y1IT (CUP-02-004) 2 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code s67~6509, 6512, and Meridian City Code 99 11-15-5 and 11-17- 5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in (O-T) Old Tovvn zone and by reason of the provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the west side of E. First Street (aka Main Street), just south of the railroad tracks in Old Tovvn, Meridian, Idaho. 5. The owner of record of the subject property is Union Pacific Railroad Company of Omaha, NE. 6. Applicant is John Nesmith of Meridian Automotive & Machine of Meridian, Idaho. 7. The subject property is currently zoned O-T Old Town. The zoning district of O-T Old Tovvn is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for modification. The original CUP prohibited any use within the railroad right-of-way. The applicant proposes allowing vehicle storage along the railroad right-of-way. He FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 3 also proposes a new fac;ade on the building, facing E. First (Main), and significant landscape improvements. 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 4 Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. The Schedule of Use Control states that 'Automobile wrecking yard and storage' uses are prohibited in Old Town. Automobile wrecking yard is defined as "Premises on which two (2) or more currently non-licensed motor vehicles or two (2) or more motor vehicles not in operating condition are standing more than thirty (30) days and are dismantled or stored." 'Automotive Repair Shop' and 'Motor Vehicle Repair' are also prohibited uses in Old Town. However, the existing use is considered to be eligible for the non- conforming use provisions of Ordinance 11-5. Ordinance 1I-5-5.B states that a "nonconforming use shall be extended to occupy any additional land only as an application shall be submitted to the Commission and in accordance with the conditional use procedures of Chapter 17." The same requirement for a conditional use application applies to fac;ade improvements of the structure per 1I-5-5.A. 2. Except as modified by this application, the conditions of approval for the original Conditional Use Permit shall apply. 3. The existing sign was installed without a sign permit. Signage for the property shall be evaluated as part of this application. The freestanding sign shall meet City ordinance. 4. If the proposed improvements are not substantially complete within twelve (12) months of the date of approval of this CUP, Council shall begin revocation proceedings. 5. The landscape plan as submitted is approved, with the exception that there need not be any shrubbery within the railroad right-of-way that falls within the enclosed property. 6. The proposed trash enclosure size and location shall be coordinated with the Sanitary Services Corp. (SSC) before the next public hearing. Provide an approval letter from SSC with the application for a Certificate of Zoning Compliance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 5 7. Gating and fencing of the parking area within the railroad right-of-way is proposed. The applicant shall address the need for the fence and gate, especially the internal gate located halfway through the parking area. 8. Proposed parking includes 20 parking spaces on the Meridian Automotive property, and an additional 65 spaces on the railroad right-of-way. Parking shall be installed per the approved plan and meet all dimensional requirements of the city ordinances. All parking, including the right-of-way, shall be paved per City Ordinance. If the railroad does not allow the proposed paving and/or landscaping improvements, the proposed vehicle parking shall not be allowed. Asphalt, rolled and compacted shall be acceptable within the area of property that falls within the railroad right-of-way. If this is not approved by the UPRR, then the application shall be required to come back before the Planning and Zoning Commission. The fencing around the parking area that falls within the railroad right-of-way shall be screened. 9. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. All improvements shall meet all federal requirements of the Americans with Disabilities Act. 11. All parking, landscaping, and fac;ade improvements shall be installed prior to the issuance of an occupancy permit. No occupancy permit has ever been issued for the newest (westernmost) building on the subject property. 12. The applicant shall provide surety for all required improvements, including paving, landscaping, irrigation, fac;ade improvements, sidewalks, fencing, etc., prior to formal approval of Findings of Fact/Conclusions of Law, or, at minimum, prior to obtaining building permits, in the amount of 120% for an insurance bond or 110% for a Letter of Credit or Cash bond. If a Letter of Credit is obtained, it FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 6 would have a term to run concurrent with the time it takes to complete construction. The Letter of Credit shall also come from a notable bank. Adopt the ACHD Recommendations as follows: Site Specific Requirements: 1. Prior to any site plan approval or impact fee certification, the applicant shall be required to apply for and receive a license agreement for the existing building to be located within the right-of-way. Any additions to the existing building shall be located outside of the public right-of-way. 2. Construct Bower Street abutting the entire site to one-half of a 36-foot street section with curb, gutter, 5-foot wide concrete sidewalk, and pavement widening within the existing right-of-way. The 36-foot street section shall be built to the same standards as the 40-foot locaVcommercial section to accommodate truck and commercial traffic. Sign the street for "NO PARKING" adjacent to this site. 3. The existing driveway on Bower Street located 50-feet west of E. 1st Street is approved with this application. 4. The existing driveway on Bower Street located approximately 34-feet east of the west property line is approved with this application. 5. Pave the driveways on Bower Street their full width and at least 30-feet into the site beyond the edge of pavement of Bower Street. 6. The existing driveway on E. pt Street located 122-feet north of the Bower Street/E. pt Street intersection is approved with this application as a right- in/right-out only driveway. Reconstruct the driveway as a 24 to 30-foot wide curb return with 15-foot curb radii. Sign the driveway for right-in/right-out only and coordinate the signage plan with District staff. 7. Pave the driveway on E. 1st Street its full width and at least 30-feet into the site beyond the edge of pavement of E. pt Street "vith IS-foot curb radii. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 7 8. Replace any damaged curb, gutter and/or sidewalk on E. 1st StreetIBower Street with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. 9. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 10. Any existing irrigation facilities shall be relocated outside of the right-of-way. II. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 12. Other than the access point specifically approved with this application, direct lot or parcel access to E. 1 st Street is prohibited. 13. Applicant shall comply with all of ACHD's Standard Requirements listed in their report dated October 17,2001, and in their February 18, 2002 letter. Adopt the Recommendations of the N ampa & Meridian Irrigation District as follows: I. If all storm drainage is retained on site the Nampa & Meridian Irrigation District has no comment, however, if any drainage leaves the site a Land Use Change I Site application must be filed. Adopt the Recommendations of the Meridian Fire Department as follows: I. Provide a fire-flow as required by the 1997 UFC. Show all proximity hydrants within 500' of the proposed project. 2. All internal roads shall have corners with a minimum of a 28' inside radius and 48' outside radius. 3. The building shall be required to conform to current building and fire codes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 8 Additionally, comply with the action of the City Council from their April 16, 2002 meeting as follows: 1. That no work shall commence until a Letter of Credit or Bond is on file with the Meridian City Clerk's office. 2. That the word "reclaimed" in number 8 on pages 6 and 17 of the Planning and Zoning and Engineering staff Recommendations above has been deleted, and that said number 8 on pages 6 and 17 now reads as follows: "Proposed parking includes 20 parking spaces on the Meridian Automotive property, and an additional 65 spaces on the railroad right-of-way. Parking shall be installed per the approved plan and meet all dimensional requirements of the city ordinances. All parking, including the right-of-way, shall be paved per City Ordinance. If the railroad does not allow the proposed paving and/or landscaping improvements, the proposed vehicle parking shall not be allowed. Asphalt, rolled and compacted shall be acceptable within the area of property that falls within the railroad right-of-way. If this is not approved by the UPRR, then the application shall be required to come back before the Planning and Zoning Commission. The fencing around the parking area that falls within the railroad right~of-way shall be screened." 3. For clarification, there shall be no welding allowed on the premises at any time. 4. The sidewalks, and all conditions for the conditional use permit are required and shall be applicable for the applicant to bring the property into compliance. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Existing Urban". 14. That the site is large enough to accommodate the proposed use and all FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 9 yards, open spaces, parking landscaping and other features as may be required by this ordinance: it is found that the subject property is large enough to accommodate the requested use and all other required features, except landscaping. However, the proposed alternative compliance for landscaping is acceptable. The existing structure was built in 1984 and encroaches into the right-of-way for Bower Street. The applicant shall be required, per ACHD's report, to obtain an encroachment agreement for the existing structure. The new fac;ade improvements do not extend into the right-of-way, but end at the property line. 15. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; it is found that the current Comprehensive Plan Land Use Map designates the property as "Existing Urban", which is not defined for specific uses. Old Town Policy 5,4, page 27, states the following: "Special analysis should be undertaken concerning existing uses within Old Town so that specific recommendations can be made for the development of transitional uses which will enhance the area and prevent future deterioration." The original CUP proposed no use of the railroad property. Use of this property has detracted from the area and caused further deterioration. It is found that the proposed improvements - paved parking, landscape buffers, planters, and fac;ade improvements - if completed, could enhance the area and help prevent future deterioration. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 10 16. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; it is found that the design concept is compatible with other uses in the general neighborhood and the existing/intended character of the area. It is also found t hat the proposed improvements would bring the property closer to the intended character of the area. It is also found that the storage of vehicles in the heart of Old Town should be considered, as "Automobile wrecking yard and storage" is a prohibited use in the Old Town zone per the Schedule of Use Control. 17. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; it is not anticipated that the proposed project will have an adverse impact on the surrounding property. 18. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; it is found that the proposed development will be adequately served by the essential public facilities and services listed above, if improvements are made by the applicant in accordance with policies, ordinances and Uniform Codes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) II 19. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; it is found that the proposed improvements would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 20. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; it is found that that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. 21. That the proposed use will 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 proposed use will not create significant interference with any traffic on the surrounding public streets, if curb cuts are designed in conformance with ACHD requirements. 22. That the proposed use "vill not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance; it is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. CONCLUSIONS OF LAW FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 12 I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.c. s67~6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67 ~6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. .As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17- 3) A. That the site is large enough to accommodate the proposed use and all yards, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 13 open spaces, parking, landscaping and other features as may be required by this Ordinance; B. That the proposed use and development plan will be harmonious vvith the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use vvill not adversely change the essential character of the same area; D. That the proposed use, if it complies vvith all conditions of the approval imposed, will not adversely affect other property in the vicinity; E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks.l. police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; F. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; G. That the proposed use vvill not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; H. That the proposed use will have vehicular approaches to the property which shall be so designated as not to create interference with traffic on surrounding public streets; and 1. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Old Town District (0- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUpw02w004) 14 T), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17 w5 City of Meridian Zoning and Development Ordinance, which provides as follows: i'Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S llwI7-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 15 A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained properly; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for modification. The original CUP prohibited any use within the railroad right-of-way. The applicant proposes allowing vehicle storage along the railroad right-of-way. The applicant also proposes a new fac;ade on the building, facing E. First (Main), and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 16 significant landscape improvements in the Old Town (O-T) zone located on the west side of E. First Street (aka Main Street), just south of the railroad tracks in Old Town, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: I. The Schedule of Use Control states that 'Automobile wrecldng yard and storage' uses are prohibited in Old Town. Automobile wrecldng yard is defined as "Premises on which two (2) or more currently non-licensed motor vehicles or two (2) or more motor vehicles not in operating condition are standing more than thirty (30) days and are dismantled or stored." 'Automotive Repair Shop' and 'Motor Vehicle Repair' are also prohibited uses in Old Town. However, the existing use is considered to be eligible for the non- conforming use provisions of Ordinance 11-5. Ordinance Il-5-5.B states that a "nonconfonning use shall be extended to occupy any additional land only as an application shall be submitted to the Commission and in accordance with the conditional use procedures of Chapter 17." The same requirement for a conditional use application applies to fac;ade improvements of the structure per l1-5-5.A. 2. Except as modified by this application, the conditions of approval for the original Conditional Use Permit shall apply. 3. The existing sign was installed without a sign permit. Signage for the property shall be evaluated as part of this application. The freestanding sign shall meet City ordinance. 4. If the proposed improvements are not substantially complete within twelve (12) months of the date of approval of this CUP, Council shall begin revocation proceedings. 5. The landscape plan as submitted is approved, with the exception that there need not be any shrubbery within the railroad right-of-way that falls within the enclosed property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02M004) 17 6. The proposed trash enclosure size and location shall be coordinated with the Sanitary Services Corp. (SSC) before the next public hearing. Provide an approval letter from SSC with the application for a Certificate of Zoning Compliance. 7. Gating and fencing of the parking area within the railroad right-of-way is proposed. The applicant shall address the need for the fence and gate, especially the internal gate located halfway through the parldng area. 8. Proposed parldng includes 20 parldng spaces on the Meridian Automotive property, and an additional 65 spaces on the railroad right-of-way. Parking shall be installed per the approved plan and meet all dimensional requirements of the city ordinances. All parldng, including the right-of-way, shall be paved per City Ordinance. If the railroad does not allow the proposed paving and/or landscaping improvements, the proposed vehicle parking shall not be allowed. Asphalt, rolled and compacted shall be acceptable within the area of property that falls within the railroad right-of-way. If this is not approved by the UPRR, then the application shall be required to come back before the Planning and Zoning Commission. The fencing around the parking area that falls within the railroad right-of-way shall be screened. 9. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parldng areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approvaL The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. All improvements shall meet all federal requirements of the Americans with Disabilities Act. II. All parldng, landscaping, and fac;ade improvements shall be installed prior to the issuance of an occupancy permit. No occupancy permit has ever been issued for the newest (westernmost) building on the subject property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02M004) 18 12. The applicant shall provide surety for all required improvements, including paving, landscaping, irrigation, fac;ade improvements, sidewalks, fencing, etc., prior to formal approval of Findings of Fact/Conclusions of Law, or, at minimum, prior to obtaining building permits, in the amount of 120% for an insurance bond or 110% for a Letter of Credit or Cash bond. If a Letter of Credit is obtained, it would have a term to run concurrent with the time it takes to complete construction. The Letter of Credit shall also come from a notable bank. Adopt the ACHD Recommendations as follows: Site Specific Requirements: I. Prior to any site plan approval or impact fee certification, the applicant shall be required to apply for and receive a license agreement for the existing building to be located within the right-of-way. Any additions to the existing building shall be located outside of the public right-of-way. 2. Construct Bower Street abutting the entire site to one-half of a 36-foot street section with curb, gutter, 5-foot wide concrete sidewalk, and pavement widening within the existing right-of-way. The 36-foot street section shall be built to the same standards as the 40-foot locaVcommercial section to accommodate truck and commercial traffic. Sign the street for "NO PARKING" adjacent to this site. 3. The existing driveway on Bower Street located 50-feet west of E. pt Street is approved with this application. 4. The existing driveway on Bower Street located approximately 34-feet east of the west property line is approved with this application. 5. Pave the driveways on Bower Street their full width and at least 30-feet into the site beyond the edge of pavement of Bower Street. 6. The existing driveway on E. 1 st Street located 122-feet north of the Bower Street/E. 1st Street intersection is approved with this application as a right- in/right-out only driveway. Reconstruct the driveway as a 24 to 30-foot wide curb return with IS-foot curb radii. Sign the driveway for right-in/right-out only and coordinate the signage plan with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 19 7. Pave the driveway on E. 1st Street its full width and at least 30-feet into the site beyond the edge of pavement of E. 1st Street with 15-foot curb radii. 8. Replace any damaged curb, gutter and/or sidewalk on E. 1st Street/Bower Street with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. 9. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 10. Any existing irrigation facilities shall be relocated outside of the right-of-way. 11. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 12. Other than the access point specifically approved with this application, direct lot or parcel access to E. 1st Street is prohibited. 13. Applicant shall comply with all of ACHD's Standard Requirements listed in their report dated October 17, 2001, and in their February 18, 2002 letter. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. If all storm drainage is retained on site the Nampa & Meridian Irrigation District has no comment, however, if any drainage leaves the site a Land Use Change! Site application must be filed. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow as required by the 1997 UFC. Show all proximity hydrants within 500' of the proposed project. 2. All internal roads shall have corners with a minimum of a 28' inside radius and 48' outside radius. 3. The building shall be required to conform to current building and fire codes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 20 Additionally, comply with the action of the City Council from their April 16, 2002 meeting as follows: I. That no work shall commence until a Letter of Credit or Bond is on file with the Meridian City Clerk's office. 2. That the word "reclaimed" in number 8 on pages 6 and 17 of the Planning and Zoning and Engineering staff Recommendations above has been deleted, and that said number 8 on pages 6 and 17 now reads as follows: "Proposed parking includes 20 parldng spaces on the Meridian Automotive property, and an additional 65 spaces on the railroad right-of-way. Parldng shall be installed per the approved plan and meet all dimensional requirements of the city ordinances. All parldng, including the right-of-way, shall be paved per City Ordinance. If the railroad does not allow the proposed paving and/or landscaping improvements, the proposed vehicle parking shall not be allowed. Asphalt, rolled and compacted shall be acceptable within the area of property that falls within the railroad right-of-way. If this is not approved by the UPRR, then the application shall be required to come back before the Planning and Zoning Commission. The fencing around the parking area that falls within the railroad right-of-way shall be screened." 3. For clarification, there shall be no welding allowed on the premises at any time. 4. The sidewalks, and all conditions for the conditional use permit are required and shall be applicable for the applicant to bring the property into compliance. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 9 llM17M9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 21 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 22 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 ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of 1l.1at~ ,2002. ,1 ROLL CALL: 711::-- COUNCILMAN BIRD VOTED --f/!!.L VOTED~V COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS VOTED f!t-tV COUNCILMAN NARY VOTED~'-- .-- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED; 5-7'~O2-- MOT~~~-=-= ----, DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 23 Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. \\\\\1ll IIl/III1 \\\\ 1<1 I111 ,\\\ ~I Of 1'"EI1/1' 111/ " :'\ ~ V&, // ~ >" c> ""c><>. -'1- '" . ~ rP '''''I~ ~ B: ~//ttC:~~!,~.f ~ Dat d:~~1-/J2 ity Clerk ~ SEAL ~ :: 7: 6>:: :: Co,.., "" :: ~ ~: ~ 0 ' ~ 1i'() Us, lSi . .;e. $' -;. 'AI t..: ~ "" '1 a ,{'l' " /" 0 ,{ \V \' IIII UNT l' \\" I{ .. \\ /flll/lflll\n\\\ Z:\Work\M\Meridian\Meridian I 5360M\Meridian Automotive Machine CUP02.004\FfCIsCUP02.004,doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUPN02N004) 24 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04/16/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR AN ) AUTOMOTIVE REPAIR ) BUSINESS AND VEHICLE ) SOTAGE IN OLD TOWN ZONE ) FOR MERIDIAN AUTOMOTIVE ) & MACHINE, LOCATED ON ) THE WEST SIDE OF E. FIRST ) STREET (aka MAIN STREET), ) JUST SOUTH OF THE ) RAILROAD TRACKS IN OLD ) TOWN, MERIDIAN, IDAHO ) ) JOHN NESMITH, MERIDIAN ) AUTOMOTIVE & ) MACHINE, ) ) APPLICANT ) ) Case No. CUP-02-004 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the April 16, 2002, under the provisions of Meridian City Code & 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: ORDER CONDITIONAL USE PERMIT (CUP-02-004) - 1 2. That the above named applicant is granted a conditional use pennit for modification. The original CUP prohibited any use within the railroad right-of-way. The applicant proposes allowing vehicle storage along the railroad right-of-way. The applicant also proposes a new fac;ade on the building, facing E. First (Main), and significant landscape improvements in the Old Town (O-T) zone located on the west side of E. First Street (aka Main Street), just south of the railroad tracks in Old Town, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: I. The Schedule of Use Control states that 'Automobile wrecking yard and storage' uses are prohibited in Old Town. Automobile wrecking yard is defined as "Premises on which two (2) or more currently non-licensed motor vehicles or two (2) or more motor vehicles not in operating condition are standing more than thirty (30) days and are dismantled or stored." 'Automotive Repair Shop' and 'Motor Vehicle Repair' are also prohibited uses in Old Town. However, the existing use is considered to be eligible for the non- conforming use provisions of Ordinance 11-5. Ordinance 11-5-5.B states that a "nonconfonning use shall be extended to occupy any additional land only as an application shall be submitted to the Commission and in accordance with the conditional use procedures of Chapter 17." The same requirement for a conditional use application applies to fa<;ade improvements of the structure per 11-5-5 .A. 2. Except as modified by this application, the conditions of approval for the original Conditional Use Permit shall apply. 3. The existing sign was installed without a sign permit. Signage for the property shall be evaluated as part of this application. The freestanding sign shall meet City ordinance. ORDER CONDITIONAL USE PERMIT (CUP-02-004) -2 4. If the proposed improvements are not substantially complete within twelve (12) months of the date of approval of this CUP, Council shall begin revocation proceedings. 5. The landscape plan as submitted is approved, with the exception that there need not be any shrubbery within the railroad right-of-way that falls within the enclosed property. 6. The proposed trash enclosure size and location shall be coordinated with the Sanitary Services Corp. (SSC) before the next public hearing. Provide an approval letter from SSC with the application for a Certificate of Zoning Compliance. 7. Gating and fencing of the parking area within the railroad right-of-way is proposed. The applicant shall address the need for the fence and gate, especially the internal gate located halfway through the parking area. 8. Proposed parldng includes 20 parldng spaces on the Meridian Automotive property, and an additional 65 spaces on the railroad right-of-way. Parldng shall be installed per the approved plan and meet all dimensional requirements of the city ordinances. All parldng, including the right-of-way, shall be paved per City Ordinance. If the railroad does not allow the proposed paving and/or landscaping improvements, the proposed vehicle parldng shall not be allowed. Asphalt, rolled and compacted shall be acceptable within the area of property that falls within the railroad right-of-way. If this is not approved by the UPRR, then the application shall be required to come back before the Planning and Zoning Commission. The fencing around the parldng area that falls within the railroad right-of-way shall be screened. 9. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all i1ecessary applications with the Idaho Department of ORDER CONDITIONAL USE PERMIT (CUP-02-004) - 3 Water Resources regarding Shallow Injection Wells. 10. All improvements shall meet all federal requirements of the Americans with Disabilities Act. II. All parking, landscaping, and fac;ade improvements shall be installed prior to the issuance of an occupancy permit. No occupancy permit has ever been issued for the newest (westernmost) building on the subject property. 12. The applicant shall provide surety for all required improvements, including paving, landscaping, irrigation, fa<;:ade improvements, sidewalks, fencing, etc., prior to formal approval of Findings of Fact/Conclusions of Law, or, at minimum, prior to obtaining building permits, in the amount of 120% for an insurance bond or 110% for a Letter of Credit or Cash bond. If a Letter of Credit is obtained, it would have a term to run concurrent with the time it takes to complete construction. The Letter of Credit shall also come from a notable bank. Adopt the ACHD Recommendations as follows: Site Specific Requirements: 1. Prior to any site plan approval or impact fee certification, the applicant shall be required to apply for and receive a license agreement for the existing building to be located within the right-of-way. Any additions to the existing building shall be located outside of the public right-of-way. 2. Construct Bower Street abutting the entire site to one~half of a 36-foot street section with curb, gutter, 5-foot wide concrete sidewalk, and pavement widening within the existing right-of-way. The 36-foot street section shall be built to the same standards as the 40-foot locaVcommercial section to accommodate truck and commercial traffic. Sign the street for "NO PARIGNG" adjacent to this site. 3. The existing driveway on Bower Street located 50-feet west of E. 151 Street is approved with this application. 4. The existing driveway on Bower Street located approximately 34-feet east of the west property line is approved with this application. ORDER CONDITIONAL USE PERMIT (CUP-02-004) -4 5. Pave the driveways on Bower Street their full width and at least 30-feet into the site beyond the edge of pavement of Bower Street. 6. The existing driveway on E. 1st Street located I 22-feet north of the Bower Street/E. 1st Street intersection is approved with this application as a right- in/right-out only driveway. Reconstruct the driveway as a 24 to 30-foot wide curb return with IS-foot curb radii. Sign the driveway for right-in/right-out only and coordinate the signage plan with District staff. 7. Pave the driveway on E. 1st Street its full width and at least 30-feet into the site beyond the edge of pavement of E. 1 st Street with 15-foot curb radii. 8. Replace any damaged curb, gutter and/or sidewalk on E. 1st StreetIBower Street with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. 9. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 10. Any existing irrigation facilities shall be relocated outside of the right-of-way. II. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 12. Other than the access point specifically approved with this application, direct lot or parcel access to E. 15t Street is prohibited. 13. Applicant shall comply with all of ACHD's Standard Requirements listed in their report dated October 17,2001, and in their February IS, 2002 letter. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. If all storm drainage is retained on site the Nampa & Meridian Irrigation District has no comment, however, if any drainage leaves the site a Land Use Change I Site application must be filed. ORDER CONDITIONAL USE PERMIT (CUP-02-004) -5 Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow as required by the 1997 UFC. Show all proximity hydrants within 500' of the proposed project. 2. All internal roads shall have corners with a minimum of a 28' inside radius and 48' outside radius. 3. The building shall be required to conform to current building and fire codes. Additionally, comply with the action of the City Council from their April 16, 2002 meeting as follows: 1. That no work shall commence until a Letter of Credit or Bond is on file with the Meridian City Clerk's office. 2. That the word "reclaimed" in number 8 on pages 6 and 17 of the Planning and Zoning and Engineering staff Recommendations above has been deleted, and that said number 8 on pages 6 and 17 now reads as follows: "Proposed parking includes 20 parking spaces on the Meridian Automotive property, and an additional 65 spaces on the railroad right~of-way. Parking shall be installed per the approved plan and meet all dimensional requirements of the city ordinances. All parking, including the right-of-way, shall be paved per City Ordinance. If the railroad does not allow the proposed paving and/or landscaping improvements, the proposed vehicle parking shall not be allowed. Asphalt, rolled and compacted shall be acceptable within the area of property that falls within the railroad right-of-way. If this is not approved by the UPRR, then the application shall be required to come back before the Planning and Zoning Commission. The fencing around the parldng area that falls within the railroad right-of-way shall be screened." 3. For clarification, there shall be no welding allowed on the premises at any time. 4. The sidewalks, and all conditions for the conditional use permit are required and shall be applicable for the applicant to bring the property into compliance. ORDER CONDITIONAL USE PERMIT (CUP~02~004) - 6 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code 9 11 w 17 -8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the 1~1f:- day of IlltU~ {j Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Bydijt~~~~ 9v, City Clerk (f Dated: Z:\Work\M\Meridian\Meridian 15360M\Meridian Automotive Machine CUP02.004\OrderCUP,doc ORDER CONDITIONAL USE PERMIT (CUP-02-004) - 7 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04/16/02 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR TOUCHMARI( ) LIVING CENTER ) SUBDIVISION, LOCATED ON ) FRANKLIN ROAD, ) APPROXIMATELY 1/3 MILE ) EAST OF EAGLE ROAD, 1f4 ) MILE EAST OF THE EAGLE ) AND FRANKLIN ROAD ) INTERSECTION DIRECTLY ) EAST TO ST. LUKE'S ) HOSPITAL, MERIDIAN, IDAHO ) ) ) BY: TOUCHMARI( LIVING ) CENTER OF THE ) TREASURE VALLEY, ) ) APPLICANT ) ) Case No. PP~02~003 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 April 16, 2002, and David McKinnon, Planner II for the Planning and Zoning Department, Richard Cook, and Don Ransley, appeared and testified, and the City Council having received a report from David McKinnon and Steve Siddoway, Planner II for the Planning and Zoning Department, and Bruce FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TOUCHMARI( LIVING CENTER / (PP-02-003) 1 Frecldeton, 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 TOUCHMARI( LIVING CENTER SUBDIVISION, LOCATED IN THE NE 1/4 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 01/31/02, DWG NO. 20201, SHEET 1 OF 2 PRE, \2020I-PRE.DWG BKB, STAMPED DATE: JAN 31 2002, BRIGGS ENGINEERING, INC., TOUCHMARI( LIVING CENTER OF THE TREASURE VALLEY, L.L.C.-DEVELOPER-OWNER", 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 Limited Office District (L-O), and requires connection to the Municipal Water and Sewer System. [Meridian City Code FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TOUCHMARK LIVING CENTER / (PP-02-003) 2 S 11-7-2 G] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21,1993, Ordinance No. 629. The City Council approved a Comprehensive Plan Amendment (File No. CPA-99-004) changing the land use designation of approximately 35% of the property from "Single-Family Residential" to "Mixed Planned Development" on November 17, 1999. 3. It is determined that Urban 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, and provided changes are made as may be required by the Public Works and Building Departments. 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. 5. The development if built in accordance "vith the conditions and as proposed, will not create health, safety or environmental problems and there have FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TOUCHMARI( LIVING CENTER / (PP-02-003) 3 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: uPRELIMINARY PLAT FOR TOUCHMARI( LIVING CENTER SUBDIVISION, LOCATED IN THE NE 1/4 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 01/31/02, DWG NO. 20201, SHEET 1 OF 2 PRE, \2020I-PRE.DWG BKB, STAMPED DATE: JAN 31 2002, BRIGGS ENGINEERING, INC., TOUCHMARI( LIVING CENTER OF THE TREASURE VALLEY, L.L.C.-DEVELOPER-OWNER". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 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 TOUCHMARI( LIVING CENTER SUBDIVISION, LOCATED IN FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TOUCHMARI( LIVING CENTER / (PP-02-003) 4 THE NE 1f4 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 01/31/02, DWG NO. 20201, SHEET I OF 2 PRE, \2020I-PRE.DWG BKB, STAMPED DATE: JAN 31 2002, BRIGGS ENGINEERING, INC., TOUCHMARK LIVING CENTER OF THE TREASURE VALLEY, L.L.C.-DEVELOPER-OWNER", 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 . Building permits may be applied for as approved during the conditional use process. No occupancy permits shall be released until the final plat is recorded and all required improvements are in place and signed off by the City of Meridian. 2. Water and service to this site shall be via service lines from the existing mains adjacent to the property as well as from an existing well within the property, which the City is in the process of acquiring from the applicant. Sanitary sewer service shall be provided via extensions from existing mains adjacent to the property. 3. Underground year-round pressurized irrigation shall be provided to all landscape areas on site. The applicant has indicated that they are designing a pressure irrigation system to utilize the Ridenbaugh Canal (actually the Snyder Lateral) as the primary source of irrigation. A secondary source of irrigation shall be supplied via reservoir/city supply for times when water is not available in the Snyder Lateral. 4. The conceptual landscape plan meets the requirements of the Landscape Ordinance. The Phase I-A detailed landscape plan meets the requirements of the approved Conditional Use Permit and the Landscape Ordinance. A detailed landscape and irrigation plan shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TOUCHMARK LIVING CENTER / (PP-02-003) 5 submitted with each final plat application for the remaining landscaping. 5. Any tree over four (4) inch 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 landscape buffer trees shall not be considered as replacement trees for those trees that have to be removed. 6. The applicant shall meet all conditions of the approved conditional use permit, File No. CUP-99-039. 7. The applicant shall provide ten copies of fencing plan to the City Clerk's office for review by P&Z staff at least ten (10) days prior to the next public hearing for the preliminary plat. 8. The applicant shall coordinate with the Meridian Public Works Department and the Meridian City/Rural Fire Department to determine fire flow requirements. A letter from the Fire Department stating required fire flow requirements prior to final plat approval. 9. Correct the following plat notes: 3. Water to be provided by extension of United 'VI/ateI' Meridian System, GENERAL COMMENTS 1. 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. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% shall be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. One-hundred-watt, high-pressure sodium streetlights shall be required at FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TOUCHMARI( LIVING CENTER / (PP-02-003) 6 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. 5. 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. Dedicate 60-feet of right-oE-way from the centerline of Pranldin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2. Construct, or provide financial surety for the construction of a five-foot concrete sidewalk along the frontage of the parcel abutting Franklin Road prior to the District's approval of a final subdivision. Coordinate the design and location of the sidewalk with District staff. 3. Provide an adequate vehicular connection(s) between the subject site and the St. Lukels Medical Complex. The connection does not have to be a public road. If such connection is not made, the traffic from this site will greatly impact the Eagle Road/Franklin Road intersection and the District will impose a proportionate share of the cost of that reconstruction on the developer of this site. 4. Construct the primary streets within the development as public streets and dedicate them to ACHD. Coordinate the location and extent of the public streets with District staf( Provide a public street connection between this site and the east boundary of the Montvue Subdivision. Construct the street to the District's standard street section for a CommerciaVCommercial street (40-feet curb-to-curb in a 58-foot right- of-way). The street shall be located a minimum of 400-feet south of Pranldin Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TOUCHMARI( LIVING CENTER / (PP-02-003) 7 5. The two proposed site entrances on Franldin Road shall align with the two public street intersections already approved on the north side of Franldin Road. Construct the two site entrances with two outbound lanes and one inbound lane. Coordinate the driveway design with District staff. 6. Construct traffic signals at the east and west site entrances on Franldin Road. The applicant will be responsible for the design and construction of the signals. Coordinate the traffic signal design with District staff. Each approach will be constructed including signalization, or financial surety will be provided for the construction, prior to the District approval of the phase that takes access to that approach. Construct a center turn lane in Franldin Road at both intersections. Coordinate the roadway improvement design with District staff. (See Fact and Finding lIHII numbers 3 and 4 for cost sharing) 7. Any internal site driveways on the two site entrances shall be offset a minimum of 1 75-feet from Franldin Road. 8. Comply with requirements of lTD. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 9. Other than the access points specifically approved with this application, direct lot or parcel access to Franldin Road is prohibited. 10. Enter into a development agreement with the District that specifies the following: a) The location, configuration, and extent of public streets within the development. Public streets will be provided that will serve, as a minimum, those uses considered by the District to be destinations for the public from outside the development. Those uses shall include any retail or office use that will receive business from the public at large. b) The specific location and configuration of a public street connection to Montvue Subdivision, and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TOUCHMARK LIVING CENTER / (PP-02-003) 8 c) The specific location, configuration, and terms of a vehicular connection between this site and St. Luke's campus. II. Comply with ACHD's Standard Requirements from their report dated February 26, 2002. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings shall require a fire~flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants and temporary or permanent 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 Department. 5. All radii shall be 28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. The roadways shall be built to ACHD standards. 8. All access roads within the project shall have a clear driving surface with a minimum width of 20'. 9. The entrance off of E. Franldin Rd. shall not have a grade of greater than 6%. IO.South Touchmark Way shall be posted "No Parking Fire Lane". 11. The Meridian Fire Department shall need a fire access road around the proposed building. They shall need a 20' wide access road around the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TOUCHlvlARK LIVING CENTER I (PP-02-003) 9 building during all phases of construction. The base shall be a minimum of 6" pit run with a top layer of 2" of %" crush gravel. 12.Any automatic gate used to secure the facility shall require MFD approval of the installation and access in the event of an emergency. 13.Multi-family residential uses on the site shall require a fire flow of 1500 GPM plus the amount required by the fire sprinlder demand. 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. Touchmark must have a License Agreement in place and it must be approved by the Nampa & Meridian Irrigation District's Board of Directors before the District can give approval of the Preliminary Plat. Additionally, adopt the action of the Council from their April 16, 2002 meeting as follows: 1. Along the Ridenbaugh Canal a three rail vinyl fence, with pylasters at major corners, is proposed. The fencing is to help incorporate the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TOUCHMARI( LIVING CENTER / (PP-02-003) 10 Ridenbaugh Canal as a water feature using the right~of-way along the canal as a pathway for residents within the subdivision, as well as for the residents in the adjacent subdivision across the Ridenbaugh Canal. Since the right-of-way for the proposed pathway actually is under the Nampa & Meridian Irrigation District's control, the District would need to give written approval to the applicant to allow the pathway and fence within their right-of-way. Only if written approval can be obtained by the District would the pathway and three rail vinyl fencing be allowed. 7-11;:;--- By acti(.m of the City Council at its regular meeting held on the __ day of J1/ltf{v'0 , 2002. . (J ROLL CALL COUNCILMAN BIRD VOTED$L/ COUNCILWOMAN deWEERD VOTED*L-- COUNCILWOMAN McCANDLESS VOTED--f:jYt- VOTED -fj1fJ'-'- COUNCILMAN NARY -- MAYORROBER~ (TIE BREAKER) VOTED BY:~~~~?' 9-- City Clerk {I Copy served upon Applicant, The Planning and Zoning Department, \~\~~nlllld.1 Public Works Department and City Attorney. \\\\\ Of i\'1~:-~ "'111 .;-.\ ",\ '^-'I,<.~ 11/ .....,.....' \. '\ ----..~........_ ~ I"'i ;;;.... CJ rof,POR.q)'; '1-- ~ ~ ifl..l <0 ~ Dated: f)..- J ,-,t) 2-f" ~ z:\ W ork\M\Meridian\Meridian 15360M\T ouchmark Living Center PP02-003\FfClsOrdPP .doc - .... ... FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TOUCHMARK LIVING CENTER ! (PP~02-003) 11 - May 3, 2002 MERIDIAN CITY COUNCIL MEETING May 7, 2002 White Sewer Trunk Bid Award ITEM NO. ~--d- REQUEST Findings for Approval 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: See Attached Findings f)vJV apr Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 4/30/02 IN THE MATTER OF ) WHITE SEWER TRUNK ) PROJECT ) A hearing was held before the Mayor and the City Council of the City of Meridian on April 30, 2002, at 6:30 p.m. in the Meridian City Council chambers at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho. Present were: Mayor Robert D. Corrie, and Council members Keith Bird, Tammy de Weerd, Cherie McCandless and Wm. L. M. Nary. Two of the bidders on the project were present by counsel, Thueson Construction, fuc., appearing through its attorney, Kim J. Trout, and Sommer Construction, Inc., appearing through its attorney, Jeff Sykes. Tendered and accepted into the record at the hearing were exhibits numbers 1 through 17, which were received without obj ectiol1. The following witnesses testified at the hearing: Gary Smith, Meridian Public Works Director; Brad Watson, Meridian City Engineer; Donn Carnahan, Keller Associates Consulting Engineer; Kim J. Trout, attorney for Thueson Construction, Inc.; Dion emmell, shareholder and officer in Thueson Construction, Inc. and Precision Pipeline Excavation, Inc.; Lance Thueson, President of Thueson Construction, Inc.; Steve Sommer, President of Sommer Construction, Inc.; and Ramon Y orgason, President of Capital Development Corporation, Inc. The Mayor and City Council having reviewed all ofthe exhibits, having heard the testimony, and the arguments of counsel, and being fully advised in the premises, make the following Findings of Fact: FINDINGS OF FACT AND CONCLUSIONS OF LAW ON VVRITE SEWER TRUNK PROJECT PAGEIOF5 11. Lance Thueson is a majority shareholder in Thueson Construction, Inc. and Precision Pipeline Excavation, Inc. 12. Thueson Construction, hlC. listed the Precision Pipeline Excavation, Inc. projects as references because Thueson Construction, Inc. intended to use Precision Pipeline personnel on the Thueson Construction, Inc. payroll, and rent Precision Pipeline equipment for use on the project. 13. Thueson Construction, Inc. has a Class "AN' Public Works Contractors License, which license is sufficient for the White Sewer Trunk Project. 14. Precision Pipeline Excavation, Inc. has a Class "C" Public Works Contractors License, which authorizes Precision Pipeline to work on Public Works jobs of up to $100,000.00. 15. Sommer Construction, Inc. protested the bid of Thueson Construction, Inc., and a copy ofthat protest letter was accepted into the record as Exhibit "4". 16. Section 14.2 of the Instruction To Bidders for the White Sewer Trunk Project reads as follows: "OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract tenns with the Successful Bidder, and the right to disregard all nonconforming, non-responsive, unbalanced, or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OVlNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any colunm of figures and the correct sum thereof will be resolved in favor of the correct sum." CONCLUSIONS OF LAW The Meridian City Council hereby makes the following Conclusions of Law: 1. The lack of a corporate seal on the bid of Thueson Construction, Inc. was not a material defect in the bid. FINDINGS OF FACT AND CONCLUSIONS OF LAW ON WHITE SEWER TRUNK PROJECT PAGE 3 OF 5 2. The lack of a notary acknowledgement on the bid bond was not a material defect in the bid bond submitted by Thueson Construction, Inc. 3. The references listed in the bid by Thueson Construction, Inc., while not projects completed by Thueson Construction, Inc., were relevent to the bid because Thueson Construction, Inc. intended to use the same persolll1el and equipment who had completed the listed projects. 4. The irregularities or defects in the bid of Thueson Construction, Inc. did not affect the validity of the bid. 5. The Thueson Construction, Inc. bid substantially conformed to the call for bids. 6. The irregularities in the bid of ThueSOll Construction, Inc. did not affect the amount of the bid. 7. The irregularities in the bid of Thueson Construction, Inc. did not give Thueson Construction, Inc. an advantage over any other bidder. 8. The City of Mericlian, pursuant to the terms of the Instruction To Bidders, and existing state law, has the discretion to waive defects in a bid which the Council deems immaterial. 9. The applicable law governing the City's ability to award contracts is set forth at Idaho Code 50-341. 10. It is in the best interest of the City of Meridian to accept the bid ofThueson Construction, Inc. for the White Sewer Trunk Project. DECISION AND ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, the City of Meridian hereby accepts the bid of Thueson Construction, Inc. dated February 25, 2002 in the amount of FINDINGS OF FACT AND CONCLUSIONS OF LAW ON WHITE SEWER TRUNK PROJECT PAGE 4 OF 5 $994,060.10 for the White Sewer Trunk Project, and hereby awards the contract to Thueson Construction, Inc as set forth in its bid. By action of the City Council at its special meeting held on the 30th day of April, 2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE McCANDLESS VOTED~a-- COUNCILMAN WM. L.M. NARY VOTED$/l/ - MAYORR~i~~~~~IE<::ieB~ VOTED Copy served upon Thueson Construction, Inc" Sommer Construction, Inc., Public Works Department, and City Attorney. \\\\\\\\~I~~'.!.:II:11111 ,.'" _I 0, .f::.R1ul. III,. ,-,-' :<...... '1.4. ~ $' c) o?POR.q;:: .// ~ i) 1 02- 2 ~ <to ~ Dated: C/ --- .-- :: ~ ~ - - ::: -= SEAL - '7 [?- :. .c-Q ~) o~ -;.... ""VA', Vs r ~ s"\ '.... ."'. ':.. f" ~ v...... '/ ~-",," "" ..-;.. ~ ~-~...._ ____ (~"'. \I ,,' ,1'/........ (t ~ . ,,' 'I- ; "l~,.i ,.....' 1/lr,F~ '~,'.:'...:-- ~ i \\\' z:\ Work\M\Meridian\Meridian 15360M\Public Works\White Sewer Trunk Contract\findingsConclusionsWhiteSewerTrunk050 l02.doc ..1"'" . By:li~~,~~! ~ City lerk . FINDINGS OF FACT AND CONCLUSIONS OF LAW ON WHITE SEWER TRUNK PROJECT PAGES OF 5 AD}< C(J..U.'HTY .REC. ORDER ~ .J. ~~Y~~,t.:tX~~RO 9fJ~ 200HiY 16 Mill: 22 RECORDEr RE(Q~F. I" l fEE~EP~~ 102056127 MEH1DJAI\I CITY DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian Osborne Enterprises, L.L.c., an Idaho limited liability company, Owner/Developer THIS DEVELOPM~NT AGREEME_NT (this "Agreement"), is made and entered into this 21 S)? day of ~ ,2tJ{} 2, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and OSBORNE ENTERPRlSES, L.L.C., an Idaho limited liability company, hereinafter called "OWNER"/"DEVELOPER", whose address is 960 Broadway Avenue, Suite 505, Boise, Idaho 83706. 1. RECITALS: 1.1 WHEREAS, "Owner"/"Developer" is the sole owner, in law and/or equity, of cenain 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 "Owner"/"Developer" make a vvritten commitment concerning the use or development of the subject IlProperty"; 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"/"Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of DEVELOPMENT AGREEMENT-AZ-OI-Oll- 1 (C-G) General Retail And Service Commercial District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Ovvner"/"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 "vill be made; and 1.6 WHEREAS, record of the proceedings for the requested anne.,xation and zoning designation of the subject "Property" 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 /61t day of {)c:fi;6ff, 2001, 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 II Findings " require the "Owner"/"Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER"/IlDEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "Citt' requires the "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 DEVELOP1:vIENT AGREEJ:v1ENT - AZ-OI-Oll - 2 of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services vvithin the planning jurisdiction and from affected property owners 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 following 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 othenvise: 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"/"DEVELOPER": means and refers to Osborne Enterprises, L.L.c., an Idaho limited liability company, whose address is 960 Broadway Avenue, Suite 505, Boise, Idaho 83706, the party developing said "Property" and shall include any subsequent ovvner(s)/developer(s) of the "Property" . 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of DEVELOPMENT AGREEMENT - AZ-OI-Oll - 3 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 llCity"'s Zoning Ordinance codified at Meridian City Code Section 11-7-2 (K) which are herein specified as follows: Construction and development of a mini-storage facility. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Ovrner"/"Developer" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: "Ovrner"/"Developer" shall develop the "Property" in accordance with the following special conditions: 6.1 Prior to annexation, the applicant shall provide documentation that Ada County has approved a combination/split of the properties to reflect the lots as proposed are legal lots. If such documentation is not submitted, the applicant shall be required to prepare a subdivision plat for recordation prior to obtaining building permits. If annexed, all future uses shall be required to be approved through the planned development process and as conditional uses. DEVELOPMENT AGREEMENT - AZ-OI-Oll - 4 6.2 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4~13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Five Mile Drain is a natural waterway and will not be tiled. 6.3 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-S. Wells may be used for non-domestic purposes such as landscape irrigation. 6.4 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at the developer's expense. Typical locations are at street intersections and/or fire hydrants. 6.5 Outside lighting shall be designed and placed so as not to directly or indirectly illuminate any nearby residential areas or public right-of-ways and shall be in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 6.6 Applicant shall comply with all of the General Requirements of the Staff comments listed in their July 2, 2001 letter. 6.7 Dedicate 48 -feet of right-of-way from the centerline of Franklin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 6.8 Provide a $6,600 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5-foot \Vide concrete sidewalk on Franldin Road abutting the parcel (approximately 330-feet) prior to issuance of a building permit, or District approval of a final plat, whichever occurs first. DEVELOPMENT AGREEMENT - AZ-OI-Oll - 5 6.9 The proposed driveway located approximately 135.feet west of the east property line is approved "vith this application, should this site develop prior to driveway plans being submitted for the Sparrowhawk Subdivision on the north side of Franklin Road. Otherwise, the driveway shall align or offset a minimum of I 85" feet from any driveways within the Sparrowhawk Subdivision. 6.10 Pave the driveway its full width of 30 to 35.feet and at least 30- feet into the site beyond the edge of pavement of Franklin Road and install pavement tapers with I5-foot radii abutting the existing roadway edge. 6.11 Only one driveway is approved with this application. Any existing driveway(s) shall be closed using berming, landscaping, curbing, or other method approved by the District. 6.12 Locate any proposed gated entry a minimum of 50-feet from the new Franldin Road right-of-way. Coordinate the location of any proposed gated entry with District staff. 6.13 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 6.14 Any existing irrigation facilities shall be relocated outside of the right-of-way. 6.15 Other than the access point specifically approved with this application (as noted on the submitted site plan), direct lot or parcel access to Franklin Road is prohibited. 6.16 Applicant shall additionally comply with all the Standard Requirements listed in the ACHD's letter dated June 22 ,2001. 6.17 If a pressure urban irrigation system is planned that shall be owned, operated and maintained by the Irrigation District, then Applicant shall coordinate with the District concerning the installation of the pressure system, and also fill out and return a questionnaire of the pressure urban irrigation system. DEVELOPMENT AGREEMENT - AZ-OI-Oll - 6 6.18 Use of a portion of the property as a non-conforming use may continue. However, there shall be no more than four adult horses and one colt allowed to pasture as a non-conforming use. 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 "Owner"l'Developer" or "Owner's"/"Developer'''s heirs, successors, assigns, to comply "With Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement "vithin two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I. C. S 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE~ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner"/"Developer" consents 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 written notice of any failure to comply with this Agreement to "Owner"/"Developer" and if the "Owner"/"Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner"/"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/"Developer",_Owner"/"Deve1oper'''s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the DEVELOPMENT AGREEMENT - AZ-O 1-011 - 7 "Properti', fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance "vith the requirements of the Zoning Ordinance. 1 0.2 A waiver by "City" of any default by "Owner"jIlDeveloper" 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: <rCity" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner/"Developer's" cost, and submit proof of such recording to Owner"j"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 'Nith the annexation and zoning of the llProperty" contemplated hereby, the <rCity" 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 llProperty" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner"j"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 IlCity" and "Owner"j"Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's DEVELOPMENT AGREEMENT - AZ-OI-011 - 8 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 (30) day period, if the defaulting party 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 "O"vner"/"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 PERFORlvIANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code sI2.5-3, to insure that installation of the improvements, which the "Owner"/"Developer" agrees to provide, if required by the "City". IS.. CERTIFICATE OF OCCUPANCY: The "Owner"/"Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner"/'IDeveloper" 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"/"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 DEVELOPMENT AGREEI\1ENT - AZ-OI-Oll - 9 Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 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: DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Osborne Enterprises, L.L.c., an Idaho limited liability company 960 Broadway Avenue, Suite 505 Boise, Idaho 83706 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian,ID 83642 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 acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform DEVELOPMENT AGREEMENT - AZ-OI-Oll - 10 any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 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 UCity'''s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the uProperty", 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 uProperty", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon \V[itten request of "Owner"/"Deve1oper", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner"/"Deve1oper" 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"l'Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or \Vfitten, express or implied, between "Owner"/"Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to UCity", 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 DEVELOPMENT AGREEMENT - AZ-OI-0ll - 11 conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 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-Ol-Oll - 12 ACKNOVVLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OSBORNE ENTERPRISES, L.L.c., an Idaho limited liability company BY: 11J -fJi)L-, Ronald 1. Osborne, Member ATTEST: \\\11111 It ttll I. \\\\ ClIC-" </1" ,,\\.1 o~ rtIlt.:.RI^ '/11' ~ $"\Y' ~OR.4hV;4.;-'~ ~~ M- '" ,Q f R SEAL<'O \ CI CLERK . tsZ.1/7 {l'-- ~? ~: .I3-Y RESOLUTION NO. \. ~ ~(;.s, 1". ....C)o.p f - '/ () 15 ~. ~ /Jpf'Y.?vcd ~ C& C:~~ ~"''''I "1 C f)"'-"...~ 6= 02...' -'III OUNT'<. ",\ - -- II' \\" IIIIJUllllll"\\\ DEVELOPMENT AGREEMENT - AZ-OI-Oll - 13 STATE OF IDAHO ) :ss COUNTY OF ADA On this...Z'isi day of , in the year 2002, before me, i:- ",1 Ar(~ ~'" o}J a Nota Public, personally appeared Ronald 1. Osborne, member, of Osborne Enterprises, L.L.c., an Idaho limited liability company, kno\Vl1 or identified to me to be the person who executed the instrument, and acknowledged to me that he did execute the foregoing instrument on behalf of said limited liability company. .~",.....~ ,~...<11 dO It~ I c:r ~\ E ')\'1 IJJct (,P ') (SEALI .. ..... .. \ ..(~l'J.O~ I \ ~)\~, .,."". STATE OF IDAHO County of Ada :ss ) ~ '" On this 1 day of 11Z~~ . in the year 2002, before me, a Notary Public, personally appeared R eft D. Corrie and William G. Berg, know 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 acknowledged to me that such City executed the same. u'll..." 0..0]\( S ..... ~~ .~~~TA0f~;:.. ~~,~o -~.J;..\"""". : ":i / '""V \.".... ~ a f \ . iIlI I , " ;I , , . .. \ I .. 11> \ I '" +. ';'~~...!tIm..\C,/ 0 ...... ..~;;:.----~i>t.. .... < ~ OF lY ... ........ Z:\Work\M\Meridian\fv1eridian 15360M\Franklin Mini Storage AZOI-O 11 CUPO I-024\DevelopAgcleanr.doc (SEAL) ~hCUI")1 Srrn1eu Notary Public for Idaho Commission expires: 01 -) 6'-05 DEVELOPMENT AGREEMENT - AZ-OI-0ll - 14 EXHIBIT A Legal Description Of Property A parcel of land located in the E. 1/2, E. 1/2, Northwest '14, Section 17, Township 3 North, Range 1 East, Boise, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest comer Section 17, T. 3N., R. IE., B.M., Idaho, thence N. 89032' 15" E along the north line of Northwest 1f4 Section 17, 992.28 feet to a point being the northwest comer of E lh, E 'h, NW 1f4 of said Section 17, the Real Point of Beginning of this description Thence S 00002'16" E 40.00 feet to a point on the south right of way of Franklin Road; Thence continuing S 00002' 16" E along the west line of the E 1f2 E 1/2 Northwest 1/4 said Section 17 1289.18 feet to a point on the north line of Snorting Bull Subdivision, on record at the Ada County Recorders Office in Book 81 of Plats, at Pages 8764 through 8772; Thence N 89030'50" E along said north line 330.99 feet to the Southwest corner of said Greenhill Estates Subdivision, on record at the Ada County Recorders Office in Book 35 of Plats, at Page 3000; Thence N 00002'52" W along the west line of said Greenhill Estates Subdivision 1289.05 feet to a point on the south right-of-way of Franldin Road; Thence continuing N 00002'52" W 40.00 feet to the N 1/4 comer of said Section 17; Thence S 89032' 15" W 330.76 feet along the north line of NW 1/4, to the Point of Beginning of this description. Said parcel contains 10.09 acres, more or less. DEVELOPMENT AGREEMENT - AZ-OI-01l - 15 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT - AZ-01-011 - 16 ,j" :. l.. .' BEFORE THE lvtERlDLW CIn COUNCIL IN THE lv1A ITER 0 F THE APPLICATION OF RON OSBORL'J'E, THE APPLICATION FOR Ai'\JNEXATION AND ZONING OF 9.79 ACRES FOR FRA1"JKLIN IvUNI STORAGE, LOCATED AT 1975 E. FRANKLIN ROAD, !vlERlDIAN, IDAHO ) ) ) ) ) ) ) ) . ) ) ) C/C 09-18-01 Case No. AZ-OI-Oll FINDINGS OF FACT AND CONCLUSIONS OF LA '\tV AJ.'JD DECISION A1'-J'D ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on September 18,2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, app~ared and testified, and appearing and testifying was the Applicant, Ron Osborne, and Kent Bro\vn appeared and testified on behalf of the Applicant, and appearing with comments and/or concerns was Scott Beecham, and the City Council having duly considered the evidence and the record in this matter therefore makes the follovving Findings of Fact and Conclusions of Law, and Dedsion and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRi\NTING APPLICATION FOR ANNEXATION AND ZONING/BYRON OSBORNE/ FRANKLIN MINI STORAGE (AZ-O 1-0 11) Page 1 I. {. ~ FINDINGS OF FACT 1. Th~ notice of public hearing on the application for annexation and zoning was published for two (2) c?nsecutive weeks prior to s~id public hearing scheduled for September 18, 2001, before the City Council, the first publication appearing and "vritten notice having been mailed to propeny owners or purchasers of record "vithin three hundred feet (300') of the eXterna.1 boundaries of the propeny under consideration more tha.n fifteen (15) days prior to said hearing and yvith the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly.considered by the City Council at the September 18, 2001, public hearing; and the applicant, affected property O\vners, and government subdivisions providing services ...vithin the planning jurisdiction of the City of Meridi~, having been given full. opportUnity to express comments and submit evidence. 2. There has been compliance vvith all notice and hearing requirements set forth in Idaho Code 9967-6509 and 67-6511, and Meridian City Code ss 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles II and 12, Meridian City Code, and all FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBY RON OSBORNE I FRANKLIN MINI STORAGE (AZ-OI-011) . Page 2 I . l ." current zoning maps thereof, and the Comprehensive Pbn of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance .establishing the Impact Ar~a Boundary. 4. The property whi~h is the subject of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 9.79 acres in size and is located at 1975 E. Franklin Road. The property is designated as Franklin 1vlini Storage. 6. The ovmer of record of the subject property is Ron and ~arla Osborne of Meridian, Idaho. 7. Applicant is Ron Osborne of Meridian, Idaho. 8. The property is presently zoned by Ada County as RUT, and consists of vacant land and 1 single family dwe~ing. 9. The Applicant requests the 'property be zoned as C-G. 10. The subject property is bordered to the north by the proposed Sparrowhawk Subdivision, zoned C-G, to the south by Woodbridge Subdivision, zoned R-4, to the east by Greenhill Estates Subdivision, zoned R-l, and a single- family dwelling and agricultural land, zoned RUT, and dty limits of the City of Meridian are adjacent and abut to the north and south of the subject property. 11. The property which is the subject of this application is within the Area FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ-OI-Oll) Page 3 I': I ~ ", of fmpact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Plan~ing Area as defined in the. Meridian Comprehensive ,Plan. 13. The Applicant proposes to develop the subject propeny in the following manner: develop a mini-storage facility. 14. The Applicant requests zoning of the subject real property as C-G which is consistent \vith the Nleridian Comprehensive Plan Generalized Land Use :Map which designates the subject property as Mbced Planned Use Development. 15. There are no significant or scenic features of major imponance that affect the consideration of this application. 16. The .City Council recognizes the concerns of Derrick. O'Neill on behalf of the Woodbridge Community, LLC, Greenhill Estates Homeowners Association, Sara Seidl of Seidl Home Company, and Ron YVhitney ofVVhitney Homes, and Robin Paulson. 17. 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 follovving conditions of development are imposed: FINDINGS OF FACT A1'\l'D CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ-OI-Oll) Page 4 Adopt the Recommendations of the Planning and ZOli.ing and Engineaing staff as follows: 17.1 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall address, among other things, specific landscapc/ common area requirements, phasing timdrames, any building height limitations, signage, pathways, lighting and noise, hours of operation, and other items as required by the Commission or CoundL Prior to annexation, the applicam shall provide documentation that Ada County has approved a combinatiorv'split of the properties to reflect the lots as , proposed are legal lots. If such documentation is not submitted, the applicant shall be required to prepare a subdivision plat for recordation prior to obtaining building permits. If annexed, all future uses shall be required to be approved through the planned development process and as conditional uses. 17.2 All irrigation ditches, laterals or canals, ex:clusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage distria, or lateral users association, "vith written confirmation of said approval submitted to the Public Works Depanment. The Five Mile Drain is a natural waterway and "vill not be tiled. ' 17.3 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1A and 9.4.8. Wells may be used for non-domestic purposes such as landscape irrigation. 17.4 Two-hundred~fifty- and 1 DO-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at the developers expense. Typical locations are at street intersections and/or fire hydrants. 17.5 Outside lighting shall be designed and placed so as not to directly or indirectly illuminate any nearby residential areas or public right-of.ways and shall be in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. FINDINGS OF FACT A1~D CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBY RON OSBORNE / FRANKLIN MINI STORAGE (AZ-OI-011) Page 5 i '. ( " 17.6 Applicant shall comply \vi.m all of the Gener:li Requirements of the Staff comments listed in their July 2, 2001 letter. Adopt the Recommendations of the Ada County Highway District as follows; 17.7 Dedicate 48 -feet of right-of-way from the centerline of F'ranklin Road abutting the parcel by means of recordation of a tInal subdivision plat or e.."(ecution of a warranty deed prior to issuance of a building permit (or other required pem1its), whichever occurs firsL 17.8 Provide a $6,600 deposit to the Public Rlghts-of-vVay Trust Fund for the cost of constructing a 5-foot \-vide concrete sidewalk on Franklin Road abutting the parcel (approximately 330-feet) prior to issuance of a building permit, or District approval of a final plat, whichever occurs first. 17.9 The proposed driveway located approximately 135-feet west of the east property line is approved with this application, should this site develop prior to driveway plans being submitted for the Sparrowhawk Subdivision on the north side of Franklin Road. Otherwise, the driveway shall align or offset a minimum of 1 85.feet from any driveways 'within the Sparrowhawk Subdivision. 17.10 Pave the driveway its full wi.dth of 30 to 354feet and at least 3D-feet into the site beyond the edge of pavement of Franklin Road and install pavement tapers 'YVith 15-fo?t radii abutting the existing roadway edge. 17.11 Only one driveway is approved with this application. !mye..xisting driveway(s) shall be dosed using benning, landscaping, curbing, or other method approved by the District. 17.12 Locate any proposed gated entry a minimum of 50-feet from the new Franklin Road right.of.way. Coordinate the location of any proposed gated entry with District staff. 17.13 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. . FINDINGS OF FACT .A.N"D CONCLUSIONS OF LAW - Ai'JD DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE I FMNKLIN MINI STORAGE (AZ~Ol.011) Page 6 !' . 17.14 Any existing irrigation t:1cilities shall be relocated outside of the right-of~ way. ., 1 i .15 Other than the access point specifically approved ..vith this application (as noted on the submitted site plan), direct lot or parcel access to Franklin Road is prohibited. 17.16 Applicant shall additionally comply "vith all the Standard Requirements listed in the ACHD's letter dated June 22 ,2001. Adopt the Recommendations of the N ampa &. Nleridian Irrigation District as follows: 17.17 If a pressure urban irrigation system is planned that shall be owned, operated and maintained by the Irrigation District, then Applicant shall coordinate "vvith the District concerning the installation of the pressure . system, and also fIll out and return a questionnaire of the pressure urban irrigation system. Additionally, the Applicant shall comply with the City Council's action from their meeting held on Tuesday, September 18,2001, as follows: 17.18 Use of a ponion of the propeny as a non-conforming use may continue. However, there shall be no more than four adult horses and 1 colt allowed to pasture as a non-confonning use. 18. It is found that if the developer pays for the requested improvements and complies with the conditions set fOM in these Findings of Fact No. 17, and all sub-parts, the economic welfare of the City and its residents and ta.,x and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 19. It is also found that the development considerations as referenced in Finding No. 17 are reasonable to require and must be taken into account, in order to FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STOAAGE (AZ~Ol~Ol1) Page 7 l ", I \' -. assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance \vith the e.'<isting, or intended character of the general vicinity, in or~er to assure that the proposed use \\i11 not change the essential character of the affected vicinity and \'till insure thac the proposed uses vvill not be hazardous or disturbing to the e:dsting, or future neighboring uses, particularly considering the impact of proposed development on potential to produce e.xcessive traffic, noise, smoke, fumes, glare and odors. 20. It is found that the zoning of the subject real propeny as General Retail And Service Commercial District (C-G) requires connection to the Municipal Water and Sewer systems and ,vill be compatible with the Applicant's development intentions, and will assure that the zoning is consistent vvith the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. 21. 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: 21.1 The consideration of the provisions of the Co~prehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth Yvith the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ-01-011) Page 8 c 21.2 This proposed new growth development will finance public service e.'<-pansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridiaf]. Urban Service Planning Area submitted in the record of chis matter. 21.3 The application is consistent with ivleridian's self identity. 21.4 The preservation and improvement of the character and quality of Nleridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordiI1;ance of the City to the subject application. 21.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for e.'<isting and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 21.6 Compatible and effident use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 22. The property can be physiciilly serviced 'with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1, The City of Meridian has authority to anne.x real property upon \Vritten 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 FINDINGS OF FACT AND CONCLUSIONS OF L\\iV - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ-OI-OIl) Page 9 anne.'( real propeny that is \vithin 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 \viLhin the City and State. 3. The City of Meri.dian 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, Cicy 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: 4A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, whicli deal with area-specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance ynth adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic grovvth and development which supplies employment and economic self-sufficiency for.existing and future residents, reduces FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYRON OSBORNE/ FRANKLIN MINI STORAGE (AZ-OI-Oll) Page 10 \, : \ the present reliance on Boise :lnd strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups . "vithin the community. 4.5 To preserve and improve the character and quality of .l'vIeridian's man-made environment while maintaining its identity as a self-sufficient community. 4. 6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of lvIeridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit e.."Xisting and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for serVices. 4.10 To create an Urban Service Plarining Area which is visually attractive, effiCiently managed and clearly identifiable. 4.B Comprehensive Plan Policies: The goals and policies listed below most directly apply to the proposed project: Goals of the Comprehensive Plan Goal 7: To provide community services to fit existing and proj~cted needs. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ-OI-01l) Page 11 \ .' , '< \r~ Economic Development Chapter 1.2-- . . .set aside areas where commercial interest and activities are to dominate. 1.4-Positive programs should be undertaken to suPPOrt e..'osting commercial areas to ensure their continued vitality. . . ' . L.1nd Use Chapter 4.3U-Encourage 'new commercial development vvithin under-utilized existing commercial areas. 4.8l!-Encourage commercial uses...to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. Community Design Chapter 2.2U-Encourage area beautification through uniform sign design that enhances the community. 4.4U-Encourage landscaped setbacks for new development. 5. The zoning of General Retail And Service Commercial District (C-G) is defined in the Zoning Ordinance at S 11~7-2 K as follows: (C~G) General Retail And Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel~ related services as well as retail sales for the transient and permanent motoring public. All such districtS shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip conunercial development and encourage clustering of commercial development. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a mixed FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBY RON OSBORNE/ FRANKLIN MINI STORAGE (AZ-OI-011) Page 12 planned use development on this parcel of land. 7. Since the annexation and zoning of land is a legislative function, the City has ~uthOritY to place conditions upon the anne.:auon of land. See Bun VS. The Citv of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the anne:'(ed land, if anne."(ed, shall meet and comply "vith the Ordinances of the City of Meridian induding, but not limited to: Section 12-2~ 4 which pertains to development time schedules and requirements; Section 12-4-13, which penains to the piping of ditches; and Section 12-5-2 N, which penains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of MeridIan. 10. Section 11 ~ 16-4 A of the Zoning and Development Ordinance provides in pan as follows: If property is annexed and zoned., .the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a conunitment is required or permitted, it shall'be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or tenninated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring.an interest in the propeny only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION .AND ZONING/BYRON OSBORNE/ FRANKLIN MINI STORAGE (AZ-O 1-0 11) Page 13 / \. '. DECISION AND ORDER NOvV) THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAvV, the City Council doe~ hereby Order and this does Order: 1 The applicant's request for annexation and zoning of approximately 9.79 acres to General Retail and Service Commercial District (C-G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for anne.'<ation and zoning of 9.79 acres. The legal . description shall be prepared by a Registered Land Surveyor. Licen'sed by the State of Idaho, and shall conform to all the provisions' of the City of Meridian Resolution No. 158. The legal description for anne.'<ation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Dev~lopment Agreement that provides in the event the conditions therein are not met by the Developer that the propeny 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: 3.1 Applicant shall be required to enter into a Development Agreement 'With the City as a condition of annexation. The Development Agreement shall address, among other things) specific landscape! common area FINDINGS OF FACT AND CONCLUSIONS OF IA W - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYRON OSBORNE/ FRANKLIN MINI STORAGE (AZ-O 1-0 II) Page 14 \ ", .1 requirements. phasing timeframes, any building height limitations, signage, pathways, lighting and noise, hours of operation, and other items as required by the Commission or Council. Prior to anne.'Cation, the applicant shall provide documentation that Ada County has approved a combination/split of the properties ~o reflect the lots as proposed are legal lots. If such documentation is not submitted, the applicant shall be required to prepare a subdivision plat for recordation prior to obtaining building permits. If anne."(ed, all future uses shall be required to be approved through the planned developmenL process and as conditional uses. 3.2 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4~13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, ..vith written confirmation of said approval submitted to the Public Works Depanment. The Five Mile Drain is a natural waterway and vvill not be tiled. 3.3 Any existing domestic wells and/or septic systems vvithin this project shall 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. 3.4 Two-hundred-fifty- and IOO-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be in~tarled at the developer's expense. Typical locations are at street intersections anciJor fire hydrants. 3.5 Outside lighting shall be designed and placed so as not to directly or indirectly illuminate any nearby residential areas or public right-of.ways and shall be in accordance with City Ordinance Sections 11-13-4.C. and 12.5-2.M. 3.6 Applicant shall comply Vlith all of the General Requirements of the Staff comments listed in their July 2, 2001 letter. FINDINGS OF FACT AND CONCLUSIONS OF LAW. AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORL'1E I FRANKLIN MINI STORAGE (AZ-O 1.011) Page 15 I: : { ~. Adopt the Recommendations of the Ada County Highway District as foHows: 3.7 Dedicate 48 -feet of right*of-way from the centerline of Franklin Road abutting the parcel by means of recordation of a final subdivision plat or e."(ecution of a warranty deed prior to issuance of ~ building pennit (or other required pennits), whichever occurs first. 3.8 Provide a $6,600 deposit to the Public Rights-of-vVay TruSt Fund for the cost of constructing a 5-foot "vide concrete sidewalk on Franklin Road abutting the parcel (approximately 330-feet) prior to issuance of a building permit, or District approval of a final plat, whichever occurs first. 3.9 The proposed driveway located approximately 135-feet west of the east property line is approved with this application, should this site develop prior to driveway plans being submitted for the Sparrowhawk Subdivision on the north side of Frar\kIin Road. Othervvise. the driveway shall align or offset a minimum of 1 85*feet from any driveways vvithin the Sparrowhawk Subdivision. 3.10 Pave the drive'way its full width of 30 to 35-feet and at least 30-feet into the site beyond the edge of pavement of Franklin Road and install pavement tapers with 15*foot radii abutting the existing roadway edge. 3.11 Only one driveway is approved with this application. Any existing driveway(s) shall be closed using benning, 1andscaping, curbing, or other method approved by the District. 3.12 Locate any proposed gated entry a minimum of 50-feet from the new Franklin Road right-oF-way. Coordinate the location of any proposed gated entry with District staff. 3.13 Utility street cuts in pavement less than five years old are not allowed unless approved in \vriting by the District. 3.14 Any existing irrigation facilities shall be relocated outside of the right-of- way. 3.15 Other than the access point spedfically approved vvith this application FINDINGS OF FACT AND CONCLUSIONS OF lAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ-O 1-0 11) Page 16 {, ", r"." \: ,t (as noted on the submitted site plan), direct tot or parcel access to Franklin Road is prohibited. 3.16 Applicant shall additionally comply with all the Standard Requirements listed in the ACHD's let~er dated June 22,2001. . Adopt the Recommendations of the Nampa & iv{eridian Irrigation District as follows: 3.17 If a pressure urban irrigation system is planned that shall be mvned, operated and maintained by the Irrigation Districr, then Applicant shall coordinate "with the District concerning the installation of the pressure system, and also fill out and return a questionnaire of the pressure urban irrigation system. Additionally, the Applicant shall comply with the City Council's action from their meeting held on Tuesday, September 18,2001, as follows: 3.18 Use of a portion of the property as a non-conforming use may continue. However, there shall be no more than four adult horses and I colt allowed to pasture as a non~conforming use. 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 (C-G) General Retail And Service Commercial District, and Meridian City Code ~ 11-7-2 K 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 accordanc~ with the provisions of the anne..xation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBY RON OSBORNE / FRANKLIN MINI STORAGE (AZ-Ol.Oll) Page 17 t - I ' , \ ~ .' NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Nferidian. Ptlrsuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real propeny 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 provide4 -by Chapter 52, Title 67, Idaho Code. By action .of the City Council at its regular meeting held on the ! 6 -f!::... day of &&~ /;bv , 2001. ROLL CALL COUNCILMAN RON ANDERSON VOTED a6~ COUNCILMAN KEITH BIRD VOTED$e<- COUNCIL1vfAN TAMIvfY deWEERD VOTED$..A-- COUNCILNfAN CHERlE McCANDLESS VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - .AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI S~ORA.GE (AZ-O 1-0 11) Page 18 I", . \ .' lvLAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: IC-(,6-t2/ , , VOTED ~v-rOTION: APPROVE& DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public vV orks Depanmem and the City Attorney. Byd~.p;x'1 fl- City Clerk .~\...t1'\:Ut.ttilr,J"l; -;;.<i'" of M1::~"!r:,.... . ~$' ..t:--\ .1 .:~, ~ '" t.. .~ .$" Cl ~ "iI ":'; Dated: /(J-!b-tJ/! . ~ ~o ~~ " :; SBP-..L ~ - - :. ~ ~~ ~ %. '7,.~~~ 1~ oF .0 i "='.... v... .. ... I ~. .;..(i",tt.. ~\ W ork\1ltl:\i\1eridi an\!vferidian ! 536<ltvr..Franklin Mini Storage AIO 1-0 II CUPO 1-02 4\AZFfCI~orderi-i?~f'c-:~~ H . ~::.~.;.;." . ''';~..::!. ;."1o.i.S".'\ FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION i\ND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBYRON OSBORNE/ FRANKLIN MINI STORAGE (AZ-OI-Oll) Page 19 ADA C, OUH,iY RECOROEP.~ j. O,~IJIO NAVARRO n ~~ ~ ~:-:, I ~ /\ ~~~ [} 2002 MY I 6 AM 11: 2 I ~r~OROED-R~Q~OF , ' FEE~OE~~ 102056126 . MEHIDIAN cny j.. DEVELOPMENT AGREEMENT P A.R TIES: 1. 2. 3. City of Meridian McBirney Property Trust, Ovvners G.L. Voigt Development, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 2'B~ day of /11t1/u:J...- , 2002-; by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and McBIRNEY PROPERTY TRUST, hereinafter called "OWNERS", whose address is 1162 Bentoak Lane, S an Jose, California 95129.3104, and G.L. VOIGT DEVELOPMENT, hereinafter called . "DEVELOPER" , whose address is 1908 E. Jennie Lee Drive, Idaho Falls, Idaho 83404. 1. RECITALS: 1.1 WHEREAS, "Ovvners" are the sole owners, 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 fonh in full, herein after referred to as the "Property"; and 1.2 WHEREAS, r.c. s67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re~zoning that the "Owners" 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 11-16A A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Ovvners" and "Developer" have submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a DEVELOPMENT AGREEMENT (AZ-OI-012) ~ 1 designation of (R-8) Medium Density Residential District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS J "Q"vners" 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" "vill 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 "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services "vithin the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 'WHEREAS, City Council, the 5f/.. day offflMck.., 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 "Findings" require the "O"vners" and "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1. 9 "OWNERS" and IIDEVELOPER" 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 "Ovvners" and "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the DEVELOPMENT AGREEMENT (AZ-OI-012) - 2 subsequent use of the "Property" is in accordance 'vvith the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners 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 "OWNERS": means and refers to McBirney Property Trust, whose address is 1162 Bentoak Lane, San Jose, California 95129-3104, the party developing said "Property" and shall include any subsequent owner(s)/deve1oper(s) of the "Property". 3.3 "DEVELOPER": means and refers to G.L. Voigt Development, whose address is 1908 E. Jennie Lee Drive, DEVELOPMENT AGREEMENT (AZ-OI-012) - 3 4. Idaho Falls, Idaho 83404, the party developing said "Property" and shall include any subsequent mvner(s)/developer(s) of the "Property". 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. USES PERlvlITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under UCity'''s Zoning Ordinance codified at Meridian City Code Section 11-7-2 (D) which are herein specified as follows: Construction and development of 214 single family lots and 23 common lots, 4 office lots and a park. Development shall be consistent with the Meridian Comprehensive Plan Generalized Lane Use Map which designates the property as Single Fami[y Residential; that any proposed uses other than an office use on Lots 45, 47, 49 and 50, Block 7 shall require a conditional useJ if constructed in accordance with an approved CUP site plan and plat. 4.2 No change in the uses specified in this Agreement shall be allowed "Nithout modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owners" and "Developer" are not required to submit to "City" an application for conditional use permi t. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: DEVELOPMENT AGREEMENT (AZ-Ol-012) - 4 A. "O"vners" and "Developer" shall develop the "Propeny" in accordance \vith the follmving special conditions: 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, "vith written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project shall 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. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance "vith City Ordinance Sections 11-13-4.C. and 12-S-2.M. 4. Two-hundred-fifty- and lOO-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. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557,10-1-91) for all off-street parking areas in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. 6. Off-street parldng shall be provided in the proposed future commercial lots in accordance with the City of Meridian Ordinance 11-13 for use of propeny. 7. All signage in the proposed future commercial lots shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be DEVELOPMENT AGREEMENT (AZ-OI-012) - 5 permitted. 8. Provide five-foot-"vide sidewalks in accordance "vith City Ordinance Section 12-5-2.1<. 9. All construction shall conform to the requirements of the Americans "vith Disabilities Act. 1 O. Meridian City Ordinance 12-6 sets forth the requirements for Planned Developments. Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 11. That any proposed uses other than an office use on Lots 45, 47, 49 and 501 Block 7 shall require a CUP. The office uses are allowed under the Planned Development process and would not require a CUP if constructed in accordance with an approved CUP site plan and plat. 12. Due to the single-family uses abutting the boundaries of Lots 45, 47 and 49, Block 7 (proposed as future office use), a minimum 20.foot planting strip, in accordance "vith City Ordinance 12-4- 7.A., is required along the property lines of these three lots. 13. Dedicate 48-feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed.prior to issuance of a building permit (or other required permits), whichever occurs first. 14. Dedicate 48-feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 15. Construct the main entrance off Ustick Road, located approximately 900-feet east of the west property line, as proposed. Construct the main entrance i-vith one inbound DEVELOPMENT AGREEMENT (AZ-OI-012) - 6 segment 2 I-feet, and construct the outbound segment "vith two lanes, approximately 29-feet vvide. The median shall be constructed a minimum of 4~feet wide to total a minimum of a 1 DO-square foot area. The applicant shall be required to dedicate sufficient right-of-way for the street section plus the additional vvidth of the median. 16. Construct a center turn lane on Ustick Road for the main entrance/Ustick Road intersection. Provide a minimum of 1 OO~ feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane "vith District staff. 17. Construct a 5-foot wide concrete sidewalk on Ustick Road located two-feet within the new right*of-way. Coordinate the location and elevation of the sidewalk with District staff. 18. Construct a 24 to 30-foot wide driveway on Ustick Road, located 420-feet east of Meridian Road. Pave the driveway its full vvidth and at least 30-feet into the site beyond the edge of pavement of Ustick Road and install pavement tapers "vith IS-foot radii abutting the existing roadway edge. 19. Construct the main entrance off Meridian Road, located approximately I,300-feet north of the south property line, as proposed. Verify that the entrance is offset a minimum of I25~ feet from the proposed main entrance to Cedar Springs Subdivision on the west side of Meridian Road. Design the main entrance with a 21-foot street section for the inbound segment and construct the outbound segment vvith two lanes, approximately 29-feet wide. The median shall be constructed a minimum of 4~feet vvide to total a minimum of a 100-square foot area. Dedicate sufficient right-of-way for the street section plus the additional width of the median. 20. Construct a center turn lane on Meridian Road for the main entrance/Meridian Road intersection to provide a minimum of 1 DO-feet of storage "vith shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane vvith DEVELOPMENT AGREEMENT (AZ-OI-012) - 7 District staff. 21. Construct a 24 to 30-foot wide driveway on Meridian Road, located 440-feet north of Ustick Road. Pave the driveway its full \vidth and at least 30-feet into the site beyond the edge of pavement of Meridian Road and install pavement tapers vvith 15- foot radii abutting the existing roadway edge. 22. Construct a 5-foot "vide concrete sidewalk on Meridian Road located two-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk "vith District staff. 23. Broadwater Way shall be designated as a residential collector street with no front-on housing, because the anticipated traffic volumes will exceed 1 ,000 vehicle trips per day. The access restrictions for these street segments shall be stated on the final plat. District policy requires that these street segments be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. Parking shall be prohibited on these street segments. Coordinate the signage plan "vith District staff. 24. Unless othervvise approved, construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. 25. Construct the turnarounds to provide a minimum turning radius of 45-feet. 26. Construct a stub street to the north property line between Lot 22, Block 1, and Lot 1, Block 5 as proposed. A paved temporary turnaround at the end of the stub street is not required. 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 with District staff. 27. Construct a stub street to the east property line between Lot 13, Block 5, and Lot 48, Block 10 as proposed. A paved temporary turnaround at the end of the stub street is not required. Install a sign at the terminus of the roadway stating that, "THIS ROAD DEVELOPMENT AGREEMENT (AZ-OI-012) - 8 WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street "vith District staff. 28. Provide a $30,000 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing one-quarter of the traffic signal at the intersection of Ustick Road and Meridian Road. 29. Any proposed landscape islands/medians within the public right- of-way dedicated by this plat shall be o"rvned and maintained by a homeovvners association. Notes of this shall be required on the final plat. 30. Relocate any irrigation facilities or utilities outside of the new right-of-way on Ustick Road or Meridian Road. 31. Except for one approved driveway on Ustick Road, and one approved driveway on Meridian Road, direct lot or parcel access to Ustick Road or Meridian Road is prohibited. Lot access restrictions, as required vvith this application, shall be stated on the final plat. 32. Comply vvith all of ACHD's Standard Requirements (9) listed vvithin their letter dated July 9,2001. 33. All Uniform Fire Codes shall be met. 34. That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' apart. 35. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. . 36. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 37. Fire approval of fire hydrant locations shall be by the Fire Department. Several fire hydrants shall have to be relocated. DEVELOPMENT AGREEMENT (AZ-OI-012) - 9 38. All radii shall be 28' inside and 48' outside radius. 39. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per 1103.2.4 of the UFC. 40. If the development is planning a pressure urban irrigation system that will be ovvned, operated and maintained by the Irrigation District, then applicant shall coordinate "vith the Water Superintendent for the District, concerning the installation of the pressure system. 41. Fill out and return the questionnaire to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. 42. Based upon the testimony at the hearing, and the 'vvidely recognized need for infrastructure improvements in the North Meridian Planning Area sooner, rather than later, especially as it respects to large developments, the OwnerIDeveloper, as condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the Developer/ACHD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure in the North Meridian Planning Area agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 43. O"vner and Developer agree that at the time the annexation was approved, sewer service is not yet available for the annexed property. O"vner and Developer agree that they hereby waive any and all causes of action against the City regarding the availability or unavailability of sewer service. No building permits "vill be issued until the proposed sewer trunk line has been built and DEVELOPMENT AGREEMENT (AZ-OI-012) - 10 connected to the City's Wastewater Treatment Plan. 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 "O\vners" and"Developer" or "Ovvll.ers" and "Developer'''s heirs) successors, assigns, to comply \vith Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement "vithin two years of the date this Agreement is effective, and after the "City" has complied vvith the notice and hearing procedures as outlined in I.e. 167-6509, or any subsequent amendments or recodifications thereof. . 8. CONSENT TO DE~ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owners" 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-vvit: 8.1 That the "City" provide vvritten notice of any failure to comply with this Agreement to "Owners" and "Developer" and if the "Owners" and "Developer" fails to cure such failure 'within sL\: (6) months of such notice. 9. INSPECTION: "Ovm.ers" 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 yvith 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 "Owners" and"Developer", "Owners" 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 DEVELOPMENT AGREEMENT (AZ-OI-OJ2) - 11 of the terms and conditions included in this Agreement in connection "vith the "Property", this Agreement may be modified or terminated by the "City" upon compliance "vith the requirements of the Zoning Ordinance. I 0.2 A waiver by "City" of any default by "Ovvners" 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 "Owners" and "Developer'''s cost, and submit proof of such recording to "Owners" 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 instmment 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 "Owners" 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 "Ovvners" 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; DEVELOPMENT AGREE1v!ENT (AZ-OI-012) - 12 provided, however, that in the case of any such default which cannot "vvith diligence be cured "vithin such thirty (30) day period, if the defaulting party shall commence to cure the same "vithin such thirty (30) day period and thereafter shall prosecute the curing of same "vith 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 "vith 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, vvithout 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 PERFORNlANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code 112-5-3, to insure that installation of the improvements, which the "Ovmers" and "Developer" agrees to provide, if required by the "city". IS. CERTIFICATE OF OCCUPANCY: The "Owners" and "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owners" and "Developer" have entered into an addendum agreement stating when the improvements "vill 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 "Owners" and "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the ovvner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact DEVELOPMENT AGREENlENT (AZ-OI-012) - 13 and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 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: OWNERS: do City Engineer City of Meridian 600 E. Watertower, Suite 200 Meridian, ID 83642 McBimey Property Trust 1162 Bentoak Lane San Jose, California 95129-3104 with copy to: DEVELOPER: City Clerk City of Meridian 600 E. Watertower, Suite 200 Meridian, ID 83642 G.L. Voigt Development 1908 E. Jennie Lee Drive Idaho Falls, Idaho 83404 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance vvith 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 parries and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parries hereto acknowledge and agree that time is strictly of the essence vvith respect to each and every term, condition and provision hereof, and that the failure to timely perform DEVELOPMENT AGREEMENT (AZ-01-012) - 14 any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other parry so failing to perform. 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 mvners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owners" and "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Ovvners" 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 "Ovvners" 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 "Owners" 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, vvith 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 DEVELOPMENT AGREEMENT (AZ-OI-OI2) - 15 conducted public hearing(s) in accordance .with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 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 vvith the annexation and zoning of the "property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-OI-OI2) - 16 ACKNOWLEDGMENTS IN \VITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. MCBIRNEY PROPERTY TRUST u1tJa dated January 1, 1985, OWNER cu. &UlM'~ BY: W. Robert McBirney, Jr. Trustee G. L. VOIGT DEVELOPMENT, DEVELOPER BY: Attest: BY: Attest: \\ \ \\ 1I1111t 11111/ II ,-,-\\\~ Of MERID/'III" ~ ~",d' 01"'0Il.< > '11- "\ . ft~ ~ ~ ~G ~o ~ u:t-- ~ ~ S . - - /1. L-~ ~ =- CITY CLERK ~ ~ SEAL ~ '::: 7. B::: S </0 .....cs of ~ "1/\ uSr 1S1' . ~ 2 '/ v...., :'?- ... "''''' ~1 ^ ~ ,,-,,,, /"1/ ....OUNl"'{' \\\' 1'1 . \\\ 1IIItIlJlllI\\\\\ !l;oprt? v~d 1:>,/ Ci~ ("tVtcd 5"-7-0'2- DEVELOPMENT AGREE1v.1ENT (AZ~Ol-012) ~ 17 STATE OF CALIFORNIA ) ss: County of Santa Clara ) On this .). day Of~ 1/ / , 2002 before me, ,personally appeared W. Robert McBuney, Jr., Trustee of the McBimey Property Trust, Urr/A dated January 1, 1985, !mown or identified to me to be the person whose name is subscribed to the within instrument as Trustee, and acknowledged to me that he executed the same as Trustee on behalf of the aforenamed Trust. j'#~#/U Notary Public for Wake. Ut-'! ~ /J /~.., My commission expires: v,,-/' it v :VI?V'/...; 1 ~ -. ~ - ~:O~y.~~HI~U~ -. J Commisslon It 120)125 ~ .~a: Notay Publlc - Cafifanla ~ z My~~.~:~;r.zm( ~ ..o:'~~''?'"'",,",'"''''--''''' <IT -- -- -- -- -- (SEAL) STATE OF IDAHO ) :ss County of Ada ) On this 2~ day of Jv1 A- ~c."t > 2002, before me, ~ C:JLft< ~. e ( $"U (/I' , personally appeared G){2F L. VlhGr a.m:t::-.. known or identified to me to be the p,ee:s 11O~ ~-'- of G.L. Voigt Development re&peeti\~, and the person(who executed the instrument and ac!mowledged to me that they have executed the same on behalf of said G~L. Voisti.,,".....Qa~3~~t Development. ;~ :Q \.'f. Y oo~ IJ :6~"9" ~ e~ Qll ':J1' ~ '?,.. . O'I!:'I <'-.~ ,,'" ..- OT "'<;I <C) '~ A.I? r ~; ,.j '~ (SEAL) DEVELOPMENT AGREEMENT (AZ-01-012) - 18 ) :ss County of Ada ) On this 'fl~y of 1Yl ""~ ' 2002, before me, a Notary Public, personally appeared Robert D. Corrie and ham G. Berg, mown or identified to me to be the Mayor and Clerk respectively of the City of Meridian, who executed the instrument on behalf of said City, and aclmowledged to me that such City executed the same. STATE OF IDAHO (SEAL) 0$11111_. .<)~ON S ... Q.~~~-----~.+ .~<~O'f~;:,~~. :Ct'J/ ...... 'r':. . I , .. EI I : · '" , / . '" , lit . \ .- . .~, b,.-o[C~' '" . u., '....~ UHL).:" · ..~~~--.;; .+ .....qQF 1).'..+ ............ g0cvLWl~c/L! Notary Public for Idaho My Commission expires: rY/ -). ~ -0 5 DEVELOPMENT AGREEMENT (AZ-01-012) - 19 EXHIBIT A Legal Description Of Property A parcel of land located in the SW 'l4 of Section 31, Township 4 North, Range 1 East, the SE 'l4 of Section 36, Township 4 North, Range 1 West, and the NW ~ of Section 6, Township 3 North, Range 1 East, Boise Meridian; Ada County, Idaho; being more particularly described as follows: Commencing at the southwest comer of the SW ~ of Section 31, Township 4 North, Range 1 East, Boise Meridian, the REAL POINT OF BEGINNING of this description; Thence N 89035'39" W 25.00 feet to a point on the west right-of-way line of Meridian Road; Thence N 00050'16" E 1919.33 feet along said west right- of-way to a point; Thence S 89035'39" E 1655.04 feet to a point; Thence S 00050'16" W 1964.33 feet to a point on the south right-of-way line of Us tick Road; Along said south right-of-way; Thence N 59035'39" W 538.34 feet to a point; Thence N 00050'16" E 20.00 feet to a point; Thence N 89035'39" W 1091.70 feet to a point on the west line of the NW 'l4 of Section 6, Township 3 North, Range 1 East, Boise Meridian; Leaving said south right-of-way; Thence N 00050'1611 E 25.00 feet to the REAL POINT OF BEGINNING of this description, said parcel comprising 74.10 acres, more or less. DEVELOPMENT AGREEMENT (AZ-OI-012) - 20 EXHIBIT B Findings of Face and Conclusions of La wi Conditions of Approval DEVELOP:MENT AGREEMENT (AZ-01-012) - 21 BEFORE THE MERiDIAN CIn- COUNCIL C;C 02-19-02 IN THE i\1A TIER OF THE ) APPLICATION OF G.L. VOIGT ) DEVELOPMENT THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 70.72 ACRES FOR ) SUNDANCE SUBDIVISION, ) LOCATED AT THE ) NORTHEAST CORNER OF E. ) USTICK ROAD AND N. ) MERIDIAN ROAD, MERIDIAN, ) IDAHO ) ) Case No. AZ-OI-012 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 November 20,2001, and continued until Febntary 19, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, and Steve .Arnold vvith Briggs Engineering, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the follovving Findings of Fact and Conclusions of Law, and l?ecision and Order: FINDINGS OF FACT 1. There has been compliance vvith all notice and hearing requirements set FINDINGS OF FACT Ai'\fD CONCLUSIONS OF LAW - Page I AND DECISION AND ORDER GRANTING APPLICATION FORJ\NNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ~O 1.0 12) , i forth in Idaho o:L. _ SS 6 7 ~6509 and 67.6511, and lvlell-..13n City Code S$ 11 ~ 15-5 and 1l~16-1. 2. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 1l and 12, 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 anne..'{ation and zo~ing is described in the application, and is approximately 70.72 acres in size, is located at the northeast comer of E. Ustick Road and N. Meridian Road, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is the McBimey Property Trust of San Jose, California; and the applicant is G.L. Voigt Development of Idaho Falls, Idaho. 5. The property is presently zoned by Ada County as RT, and consists of agricultural ground. 6. The Applicant requests the property be zoned as R~8, with the intent to develop 214 single family lots and 23 common lots, 4 office lots a~d a park, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012) designates the SUDj,-ct property as Single Family ResidelLLlal. 7. The subject property is bordered to the nonh, east and west by agricultural land and single family residences, by Eastbrook Village Subdivision to the South and city limits of the City of ivleridian are adjacent and abut to the west and south of the subject property. 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: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: I. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, "vith written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems 'vVithin this project shall 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FORJ\NNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-O 12) 3. Out~..: lighting shall be designed and pla.,- J. so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-S-2.M. 4. Two~hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public \N orks Department. All streetlights shall be installed at subdivider's expense. TY'Pical locations are at street intersections and/or fire hydrants. 5. A drainage plan designed by a S tate of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. . 6. Off-street parking shall be provided in the proposed future commercial lots in accordance "vith the City of Meridian Ordinance 11-13 for use of property. 7. All signage in the proposed future commercial lots shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 8. Provide five-foot-wide sidewalks in accordance vvith City Ordinance Section 12-5-2.K. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. 10. Applicant shall be required to enter into a Deyelopment Agreement ,vith the City as a condition of annexation. II. Meridian City Ordinance 12-6 sets forth the requirements for Planned Developments. Any conditions attached to a Final Development Plan for Planned Development projects run vvith the land and shall not lapse or be waived as the result of any subsequen~ change in ten;2ncy or ovmership. 12. A condition of the Development Agreement shall be that any proposed uses other than an office use on Lots 45, 47, 49 and 50, Block 7 shall FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING .APPLICATION FOR .ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ.OI-Ol2) requae a CUP. The office uses are aUoweu under the Planned Development process and would not require a CUP if constructed in accordance "vith an approved CUP site plan and plat. 13. Due to the sing[e~family uses abutting the boundaries of Lots 45,47 and 49, Block 7 (proposed as future office use), a minimum 20-foot planting strip, in accordance "vith City Ordinance 12-4-7 A., is required along the property lines of these three lots and shall be a condition attached to this property in the Development Agreement. Adopt tf1e Recommendations of the ACHD as follows: 14. Dedicate 48~feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 15. Dedicate 48-feet of right~of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 16. Construct the main entrance off Ustick Road, located approximately 900-feet east of the west property line, as proposed. Construct the main entrance "vith one inbound segment 21-feet, and constnlCt the outbound segment with twO lanes, approximately 29-feet "vide. The median shall be constntcted a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant shall be required to dedicate sufficient right-of-way for the street section plus the additional vvidth of the median. FINDINGS OF FACT AND CONCLUSIONS OF LA'vV - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDA1\ICE SUBDIVISION (AZ-O 1-0 12) 1 7. Comuuct a center turn lane on Ustick Road for the main entrancelUstick Road intersection. Provide a minimum of 1 OO~feet of storage 'with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 18. Construct as-foot \vide concrete sidewalk on Ustick Road located two. feet ....vithin the new right-of.way. Coordinate the location and elevation of the sidewalk "vith District staff. 19. Construct a 24 to 30-foot ....vide driveway on Ustick Road, located 420. feet east of Meridian Road. Pave the driveway its full width and at least 3D-feet into the site beyond the edge of pavement of Us tick Road and install pavement tapers ....vith IS-foot radii abutting the existing roadway edge. 20. Construct the main entrance off Meridian Road, located approximately 1 ,300-feet north of the south property line, as proposed. Verify that the entrance is offset a minimum of 1 25-feet from the proposed main enuance to Cedar Springs Subdivision on the west side of Meridian Road. Design the main entrance with a 2 I-foot street section for the inbound segment and constntct the outbound segment 1,vith two lanes, approximately 29-feet "vide. The median shall be constructed a minimum of 4.feet "vide to total a minimum of a 100-square foot area. Dedicate sufficient right-of-way for the street section plus the additional1,vidth of the median. 21. Construct a cen ter turn lane on Meridian Road for the main entrance/Meridian Road intersection to provide a minimum of 100-feet of storage "vith shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA.TION AND ZONING/SUNDANCE SUBDIVISION (AZ-O 1-012) 22. Con:)I.,LUct a 24 to 30-foot ,vide driveway Oll Meridian Road, located 440~feet north of Ustick Road. Pave the driveway its full \vidth and at least 30-feet into the site beyond the edge of pavement of Ivleridian Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 23. Construct a S-foot wide concrete sidewalk on Meridian Road located two-feet ...vithin the new right-of-way. Coordinate the location and elevation of the sidewalk ...vith District staff. 24. Broadwater Way shall be designated as a residential collector street ,vith no front-on housing, because the anticipated traffic volumes 'vvill exceed 1,000 vehicle trips per day. . The access restrictions for these street segments shall be stated on the final plat. District policy requires that these street segments be constructed as 36-foot street sections "vith curb, gutter and S-foot wide concrete sidewalks. Parking shall be prohibited on these street segments. Coordinate the signage plan "vith District staff. . 25. Unless othenvise approved, construct all public roads "Within the subdivision as 36-foot street sections with curb, gutter, and 5-foot "vide concrete sidewalks within 50-feet of right-of-way. 26. Construct the turnarounds to provide a minimum turning radius of 45- feet. 27. Construct a stub street to the north propeny line between Lot 22, Block 1, and Lot 1, Block 5 as proposed. A paved temporary turnaround at the end of the stub street is not required. 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 vvith District staff. 28. Construct a stub street to the east propeny line between Lot 13, Block 5, and Lot 48, Block 10 as proposed. A paved temporary turnaround at the end of the stub street is not required. 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 with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LA. W - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-O 1-012) 29. Provide a $30,000 deposit to the Public Rights-of~\Nay Trust Fund for the cost of constructing one-quarter of the traffic signal at the intersection of Ustick Road and Meridian Road. 30. Any proposed landscape islands/medians vvithin the public right-of-way dedicated by this plat shall be ovvned and maintained by a homeovvners association. Notes of this shall be required on the final plat. 31. Relocate any irrigation facilities or utilities outside of the new right-of~ way on Ustick Road or !vleridian Road. 32. Except for one approved driveway on Ustick Road, and one approved driveway on Meridian Road, direct lot or parcel access to Ustick Road or Meridian Road is prohibited. Lot access restrictions, as required ....vith this application, shall be stated on the final plat. . 33. Comply vvith all of ACHD's Standard Requirements (9) listed vvithin their letter dated July 9, 2001. Adopt the Recommendations of the Meridian Fire Department as follows: 34. All Uniform Fire Codes shall be met. 35. That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' apart. 36. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 37. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 38. Fire approval of fire hydrant locations shall be by the Fire Department. Several fire hydrants shall have to be relocated. 39. All radii shall be 28' inside and 48' outside radius. 40. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per 1103.2.4 of the UFC. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING AJ?PLI CATI ON FOR ANNEXATION AND ZONING/SUND.A.NCE SUBDIVISION (AZ-O 1~0 12) AdOpt the Recommendations of the Nampa & Meridian Irrigation Dlstrict as follows: 41. If the development is plan.ning a pressure urban irrigation system that \vill be mvned, operated and maintained by the Irrigation District, then applicant shall coordinate with the Water Superintendent for the District, concerning the installation of the pressure system. 42. Fill out and return the questionnaire to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. Additionally, comply with the action of the City Council taken at their February 19, 2002 meeting as follows: 43. Based upon the testimony at the hearing, and the 'Widely recognized need for infrastructure improvements in the North Meridian Planning Area sooner, rather than later, especially as it respects to large developments, the OwnerlDeveloper, as condition of anne..xation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the Developer/ACHD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure in the North Meridian Planning Area agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 44. There shall be a hold harmless agreement executed by the Applicant and agreed upon by the City that the applicant shall hold the City harmless for sewer service until it is available through the White Trunk only and there is no risk to the City in doing the annexation at this time, and the applicants shall have to wait until all sewer ~asements are done and complete. 10. It is found that if the developer pays for the requested improvements FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING A.PPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ.O 1-0 12) 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 vvill be protected, a condition of anne.:-<ation 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, constntcted, operated and maintained in a manner which is harmonious and appropriate in appearance \ovith the e.:dsting, 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. 12. 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 "vith 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. 13. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ~01-012) Plan of the City as follows: Land Use Chanter . IAU Transponation Chapter 1.9U Parks Chapter 3.1.e. Community Design Chapter 4AU 15. The property can be physically serviced with City water. 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. 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 auth?rity and responsibility as provided by uLocal Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-O 1-0 12) December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be peninent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A Goals 1 through 10, inclusive. 5. The zoning of i\tfediuffi Density Residential District (R-8) is defined in the Zoning Ordinance at S ll~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. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Bun vs. The Citv of Idaho Palls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply vvith 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 of the City of Meridian. FINDINGS OF PACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION PORANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ~O 1-0 12) 9. Pursudnt to Section 11-16-4 A of the Zoning and DevelopITlent Ordinance the ovmer ancIJor 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 LAvV, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 70.72 acres in size and zoned Medium Density Residential District (R-8) is granted subject to the tenus and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 70.72 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 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, "vith the City of Meridian, whi~h provides for the follm-ving conditions of development, to~"vit: Adopt the Recommendations of the Planning and Zoning and Engineering staff FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01w012) as follows: 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, \vith written confirmation of said approval submitted to the Public Works Department. 2. Any e...'<isting domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 9-1-4 and 9A~8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 4. Two~hundred-fifty- and I aO-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. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, I 0-1 ~91) for all off-street parking areas in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. 6. Off-street parking shall be provided in the proposed future commercial lots in accordance with the City of Meridian Ordinance 11-13 for use of property. 7. All signage in the proposed future commercial lots shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted, 8. Provide five-Foot-wide sidewalks in accordance yvith C~ty Ordinance Section 12-5-2.1<. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ~O 1-0 12) 9. All Cllllstruction shall conform to the requnements of the Americans with Disabilities Act. 10. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 11. tvferidian City Ordinance 12-6 sets fonh the requirements for Planned Developments. Any conditions attached to a Final Development Plan for Planned Development projects ntn "vith the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 12. A condition of the Development Agreement shall be that any proposed uses other than an office use on Lots 45, 47, 49 and 50, Block 7 shall require a CUP. The office uses are allowed under the Planned Development process and would not require a CUP if constructed in accordance "vith an approved CUP site plan and plat. 13. Due to the single-family uses abutting the boundaries of Lots 45,47 and 49, Block 7 (proposed as future office use), a minimum 20-foot planting strip, in accordance with City Ordinance 12-4~7 A., is required along the property lines of these three lots and shall be a condition attached to this property in the Development Agreement. Adopt the Recommendations of the ACHD as follows: 14. 'Dedicate 48-feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 15. Dedicate 48-feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision pl~t or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 16. Construct the main entrance off Ustick Road, located approximately 900-feet east of the west property line, as proposed. Constntct the main entrance vvith one inbound segment 21-feet, and construct the outbound segment vvith two lanes, approximately 29-feet wide. The median shall be constructed a minimum of 4-feet "vide to total a FINDINGS OF FACT AND CONCLUSIONS OF LA VV - Page IS AND DECISION AND ORDER GRAi'\fTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-O 1-0 l2) I minlh.um of a IOO-square foot area. The a}'plicant shall be required to dedicate sufficient right-or-way for the street section plus the addi.tional 'width of ~e median. 1 7. Construct a center turn lane on Ustick Road for the main entrancelUstick Road intersection. Provide a minimum of 1 DO-feet of storage vvith shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane \vith District staff. 18. Construct a 5-foot "vide concrete sidewalk on Ustick Road located two- feet ...vithin the new right-of-way. Coordinate the location and elevation of the sidewalk \vith District staff. 19. Construct a 24 to 30-foot "vide driveway on Ustick Road, located 420- feet east of Meridian Road. Pave the driveway its full ....vidth and at least 30-feet into the site beyond the edge of pavement of Ustick Road and install pavement tapers "with IS-foot radii abutting the e..'<isting roadway edge. 20. Construct the main entrance off Meridian Road, located approximately 1,300-feet north of the south property line, as proposed. Verify that the entrance is offset a minimum of 12S-feet from the proposed main entrance to Cedar Springs Subdivision on the west side of Meridian Road. Design the main entrance "vith a 21-foot street section for the inbound segment and construct the outbound segment with two lanes, approximately 29-feet wide. The median shall be constructed a minimum of 4-feet "vide to total a minimum of a 100-square foot area. Dedicate sufficient right-of-way for the street section plus the additional width of the median. 21. Construct a center turn lane on Meridian Road for the main entrance/Meridian Road intersection to provide a minimum of lOO-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane "vith District staff. FINDINGS OF FACT Ai'J"D CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUND.ANCE SUBDIVISION (AZ-O 1-0 12) 22. ConStruct a 24 to 30~foot "vide driveway on l'vleridian Road, located 440-feet north of Ustick Road. Pave the driveway its full "vidth and at least 30-feet into the site beyond the edge of pavement of Meridian Road and install pavement tapers vlith IS-foot radii abutting the existing roadway edge. 23. Construct a S.foot wide concrete sidewalk on :tvferidian Road located two-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk "vith District staff. '- 24. Broadwater vVay shall be designated as a residential collector street "vith no from-on housing, because the anticipated traffic volumes will exceed 1,000 vehicle trips per day. The access restrictions for these street segments shall be stated on the final plat. District policy requires that these street segments be constructed as 36~foot street sections with curb, gutter and 5~foot vvide concrete sidewalks. Parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 25. Unless othenvise approved, construct all public roads vvithin the subdivision as 36-foot street sections "vith curb, gutter, and 5~foot vvide concrete sidewalks vvithin SO-feet of right-of~way. 26. Construct the turnarounds to provide a minimum turning radius of 45~ feet. 27. Construct a stub street to the north property line between Lot 22, Block I, and Lot 1, Block S as proposed. A paved temporary turnaround at the end of the stub street is not required. 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 with District staff. 28. Construct a stub street to the east property line between Lot 13, Block 5, and Lot 48, Block 10 as proposed. A paved temporary turnaround at the end of the stub street is not required. 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 "vith District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAvV ~ Page 17 Al"l'D DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-012) 29. Pro~~_..;a $30,000 deposit to the Public R..o.lts-of-Way Trust Fund for the cost of constructing one~quaner of the traffic signal at the intersection of Ustick Road and Meridian Road. 30. Any proposed landscape islands/medians ,vithin 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. 31. Relocate any irrigation facilities or utilities outside of the new right-of- way on Ustick Road or Meridian Road. 32. Except for one approved driveway on Ustick Road, and one approved driveway on Meridian Road, direct lot or parcel access to Ustick Road or Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 33. Comply vvith all of ACHD's Standard Requirements (9) listed within their letter dated July 9,2001. Adopt the Recommendations of the Meridian Fire Department as follows: 34. All Uniform Fire Codes shall be met. 35. That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall b,e placed an average of 400' apart. 36. Operational fire hydrants and temporary or permanent street signs are required before combustible constntction begins. 37. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 38. Fire approval of fire hydrant locations shall be by the Fire Department. Several fire hydrants shall have to be relocated. 39. All radii shall be 28' inside and 48' outside radius. 40. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per 1103.2.4 of the UFC. FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ~O 1-0 12) I Adopt the kecommendations of the Nampa & Meridian Irrigation District as follows: 41. If the development is planning a pressure urban irrigation system that "viII be mvned, operated and maintained by the Irrigation District, then applicant shall coordinate "vith the Water Superintendent for the District, concerning the installation of the pressure system. 42. Fill out and J;'eturn the questionnaire to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the mvnership, operation and maintenance of the pressure urban irrigation system. Additionally, comply with the action of the City Council taken at their Febntary 19,2002 meeting as follows: 43. Based upon the testimony at the hearing, and the widely recognized need for infrastructure improvements in the North Meridian Planning Area sooner, rather than later, especially as it respects to large developments, the OwnerlDeveloper. as condition of annexation and zoning, shall participate in the negotiations 'with Ada County Highway District, and shall become a party to any eventual agreements worked out by the Developer/ACHD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure in the North Meridian Planning Area agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 44. There shall be a hold harmless agreement executed by the Applicant and agreed upon by the City that the applicant shall hold the City harmless for sewer service until it is available through the White Trunk only and there is no risk to the City in doing the annexation at this time, and the applicants shall have to wait until all sewer easements are done and complete. ' 4. The City Attorney shall prepare for consideration by the City Council FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-OI2) the appropriate or\.. ,ance for the anne..xation and zoning, _signation of the real propeny 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 anne.,'(ation 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 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 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 51:6... day of J?z Pf/LC>!.-- ,2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED~ FINDINGS OF FACT .AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-012) COUNCIL\, Jlv1AN TAMMY deWEERD VOTED~CL COUNCIL WOlv1AN CHERIE Mc CANDLESS VOTED --fB::<- COUNCILIv1AN vVILLIA1.\1 L.M. NARY VOTED~4.- NlAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: $-S--02- VOTED - MOTION: ~ APPROVE~~ -- DISAP~ROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. BY~~.R~ () Dated: .J'--S"-/J'2- City Clerk r FINDINGS OF FACT A1'1D CONCLUSIONS OF LAW - Page 21 AND DECISION .AND ORDER GRA1'\.JTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-O 1-012) May 3, 2002 MERIDIAN CITY COUNCil MEETING APPLICANT CESCO May 7 I 2002 5-I ITEM NO. REQUEST Development Agreement: CESCO -- 2000 E. Overland Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANIT ARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: rff'{ifJF {lvl 1 Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ORIGINAL PARTIAL AMENDED DEVELOPMENT AGREEMENT THIS AMENDED DEVELOPMENT AGREEMENT is made and entered into /.9-;- "..- day of April, 1997, by and be tween the CITY OF this MERIDIAN, a municipal corporation of the state of Idaho, party of the first part, hereinafter called the "CITY", and CONTRACTORS EQUIPMENT SUPPLY COMPANY, rNe., an Idaho corpora tion, party of the second part, hereinafter called "CESeO". whose address is 2049 Commerce Avenue, Boise, Idaho 83705. RECITALS WHEREAS, CESCO is the owner of Lot 1, Block 1 of the Playground Subdivision, city of Meridian, County of Ada, Idaho, as recorded as Instrument No. 96045393 in Book 71, at pages 7318 and 7319, records of Ada County, Idaho, hereinafter called lithe Propertylt; and WHEREAS, the legislature of the state of Idaho has adopted Idaho Code ~ 67-6511A/ which provides that cities may enter into development agreements with developers upon rezoning of land and that cities may modify development agreements; and WHEREAS, Section 2-417D of the Zoning Ordinance of the CITY of Meridian authorizes the CITY to enter into development agreements upon annexation and rezoning of land, and authorizes the CITY to modify a development agreement; and WHEREAS, pursuant to Ordinance No. 615 dated September 7, 1993 and Ame.nded Ordinance No. 615 dated December 6, 1994, the CITY annexed the Property and provided it with a zoning designation of C-G; and PARTIAL AMENDED DEVELOPMENT AGREEMENT - 1 NOU 05 . 01 [0: 46 288 ')29 0882 PAGE.02 WHEREAS, on October 1J, 1994, the Playground, Inc., the prior owner of the Property, entered into a Development Agreement with the CITY; and WHEREAS, on January 16, 1996, the CITY approved a preliminary and. final plat for the Playground Subdivision; and WHEREAS, on August 13, 1996. CESCO submitted to the CITY an application for a conditional use permit for the Property requesting permission to construct and operate a John Deere dealership providing sales, service and parts for John Deere products; and WHEREAS, CESCO has made representations at public hearings and meetings before the Meridian Planning & Zoning Commission and Meridian city Council as to how the Property would be developed and what improvements would be made; and WHEREAS, the CITY has authori ty to place conditions and restrictions upon the conditional use permit for. the Property; and WHEREAS, CESCO, as sole owner of the Property, has submitted to the CITY plans showing how the Property will be landscaped, bermed, lighted, access provided, elevations, and other matters, which plans have been reviewed and approved by the CITY; and WHEREAS, the CITY has adopted and approved Findings of Facts and Conclusions of Law requiring that as a condition of approval CESCO enter into a Partial Amended Development Agreement with the CITY; and PARTIAL AMENDED DEVELOPMENT AGREEMENT - 2 NOV 8') '81 10:<17 208 529 0882 PAGE, G 3 WHEREAS, CESCO deems it to be in its best interest to enter into this Agreement and acknowledges that this Agreement is entered into voluntarily_ NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The above recitals are contractual and binding and are incorporated herein as if set forth in full, and the terms of this Agreement cannot be altered, changed or modified without the express written consent of the CITY. 2. This A.mended Deve lopment Agreement mod i f ies. amends, and supersedes the Development Agreement entered into between the CITY and the Playground, Inc. dated October 13. 1994, as it relates to Lot 1 of the Playground Subdivision. This Amende.d Development Agreement does not amend, supersede, or modify in any manner the Development Agreement between the CITY and the Playground, Inc. dated October 1], 1994 as it relates to Lots 2 and J of the Playgcound Subdivision. 3. CESCO, in accordance ow i th its representations before the CITY, shall develop and construct on the Property a John Deere dealership providing sales, service and parts for John Deere products. 4. CESCO will, within thirty (30) days of the date of this Agreement, file with the CITY Engineer a complete set of Improvement Plans showing all streets, entry drives entering the Property from a public right-of-way, utili ties, a pressurized irrigation system for all landscaped areas, fire hydrants, extension of a temporary sewer line to the building to be located on the Property, extension of a water line to the furthest point PARTIAL AMENDED DEVELOPMENT AGREEMENT - 3 NOV 05 .0t 10: 47 208 52g 0882 onGE,34 from entry into the Property, landscaping, drain~ge, signage, barricades, and other such improvements contemplated within the development. The Improvement Plans shall meet the approval of the city Engineer in accordance with this Agreement, the Findings of Fact and Conclusions of Law approving CESCO t S conditional llse permit application, and the CITY1s Ordinances in effect at the time. Said Improvement Plans shall be and are incorporated herein and made a part hereof by reference. 5. CESCO will, at its own expense, construct and install all sanitary sewers, storm drains, utilities, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, sidewalks, a pressurized irrigation system for all landscaped areas, electrica 1 transmission lines I natural gas 1 ines, telephone lines, cross drains, streets, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Improvement Plans as reviewed a~d eventually approved by the CITY. Provided, however, nothing in this Agreement shall affect in any manner the use of funds already deposited with the Ada County Highway District by CESCO or any other party for the purpose of constructing curbs, gutters, and sidewalKs for the Property. 6. CESCO will construct and install all such improvements in accordance with the approved Improvement Plans, and the CITY Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed in writing between CESCO and the CITY. PARTIAL AMENDED DEVELOPMENT AGREEMENT - 4 NOV 05 '81 10:47 208 529 121882 OAGE,OS 7 _ CESCO will pt"ovide the CITY Engineer with at le.ast fifteen (15) days advance written notification of when and what portion, or portions, of said improvements it intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary necessitated by such phased construction work as required and approved by the CITY Engineer. a. CESCO will have "correcte.dll original drawings of the Improvement Plans prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, sidewalk, curb and gutter alignment and grades, etc. The corrected Improvement Plans shall include a IIcertificationll thereon, signed by the Registered Professional Engineer in charge of the work, that said faci li ties shall be Plans of the various improvements are true and correct. 9. CESCO shall, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the CITY Engineer and request his inspection and written acceptance of such completed improvements or portion thereof. 10. CESCO agrees, upon a Finding by the City Council, duly entered in the off icial minutes of the proceedings of the city Council, that a porti.on, or portions, or the entirety of said PARTIAL AMENDED DEVELOPMENT AGREEMENT - 5 NOV 05 '0t to:40 208 52'7 0002 PRGE.06 improvements, or the improvements at' requirements contained in Exhibit AI need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, CESCO will, within a reasonable time as determined by the CITY I construct said needed improvements I or I if CESCO does not so construct within a reasonable time after written notification of such Council action I and the CITY thereafter determines to construct I and does construct such improvement, or improvements ( then CESCO "will pay to the CITY the actual costs paid or incurred by the CITY for such improvements so constructed by the CITY, plus interest thereon at an annual interest rate equal to the prime interest rate of First security Bank of Idaho plus five percent (5t} until paid, said payment to be made in such manner and under such terms as the CITY shall order after conference with CESCO. Provided, however, the City Coune i 1 shall not make the Finding except at a regular or special meeting of the City Council, duly heldl and unless CESCO has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed Finding. 11. CESCO agrees that upon its having received written notification from the city Engineer, that any of the requirements herein specified have not been complied withl that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within CESCQ's Landi or condition ~S6uance of the Certificate of Occupancy upon complete performance of the requirements herein specified, or shall have the right to PARTIAL AHEHDED DEVELOPMEH~ AGREEMENT - 6 NOV A~ '01 1~:48 ?VlA ")?g VlAR? PArlF Vl7 withhold the providing of culinary water service or terminate such culinary water service to any part, parcel, or portion of such land until such time as all requirements specified in this Agreement have been complied with; provided, however, that CESCO shall have the right to appear before the city Council at any regular meeting aEter any Certificate of Occupancy or any water service shall have been withheld, conditioned or terminatedt for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said Property allowed, and its decision shall be final, except. that the rights of the parties are preserved at law and equitYt including, but not limited to, the right of appeal to a court of competent jurisdiction. 12. CESCQ agrees that no Certificates of Occupancy will be issued until all improvements as listed on Exhibit "A" are completed, unless the CITY and CESCO have entered into an addendum to this Agreement stating when the improvements will be completed. Provided, however, CESCO shall not be required to construct the Five Mile,Trunk Sewer Extension prior to issuance of a Certificate of Occupancy. 13. CESCO agrees, in recognition of the unique and peculiar circumstances relative to this development, to perform the special conditions set forth in Exhibit "A" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around construction areas to contain debris prior PARTIAL AMENDED DEVELOPMENT AGREEMENT - 7 NOV 05 '0\ 10:48 208 529 0882 ::>AGE.08 to any construction, except where roadways and streets for access are located and except where the CITY has agreed in writing that such fencing is not necessary. 14. CESCO agrees that any notice required by this Agreement shall be deemed delivered if and when personally delivered or deposited ~n the United States mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY OF MERIDIAN: city Engineer city of Meridian 33 East Idaho Meridian, TO 83642 CESCO: Mark Canfield CESCO 2049 Commerce Avenue Boise, TO 83705 with copy to: Wayne G. Crookston, Jr. Ambrose, Fitzgerald & Crookston P.O. Box 427 Meridian, 10 83680 John McCreedy Jim Jones & Associates 1275 Shoreline Lane Boise, 10 83702 A party shall have the right to change its address by delivering to the other party a written notification in accordance with the requirements of this section. The parties may at any time hereafter modify or amend this Agreement by a subsequent written agreement executed by the parties. This Agreement shall not, however, be changed orally, nor shall it be deemed modified in any way by the act of any of the parties hereto. Nothing herein is intended, nor shall it be construed, as obligating a party to agree to any modification to this Agreement. 15. CESCO agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. PARTIAL AMENDED DEVELOPMENT AGREEMENT - 8 NOV 05 '01 10:49 208 5,Jg 0882 PA(,E 0':1 16. All covenants and conditions set forth herein shall be appurtenant to and run with the l.and and shall be binding upon CESCO'S heirs, successors and assigns. 17. This Agreement shall become valid and binding only upon its approval by the city council and execution by the Mayor and city Clerk. 1S. CESCO 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 Partial Amended Development Agreement, the Ordinances of the city of Meridian, and the Comprehensive Plan of the city of Meridian which was approved and adopted on January 4, 1994. DATED the day, month and year first appearing. 8Y:~ AN IELD, PR NT BY: G. BERG, PARTIAL AMENDED DEVELOPMENT AGREEMENT - 9 NOV 05 '01 10:49 208 529 0882 PAGE _ 10 STATE OF IDA.HO 55. County of Ada On the / So day at April, 1997, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared MARK CANFIELD, known or identified to me to be the President of Contractors Equipment Supply Company, Inc., the corporation whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in such capacity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year in this certificate first above written. (Sea l) STATE OF IDAHO } ) S5. County of Ada ~~ } On the l day of l'::~~,i ~ I before me, the undersigned, a Notary PUblic in and for the state of Idaho, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, known or identified to mc to be the Mayor and city Clerk, respecLively, of the City of Meridian and the persons who executed the foregoing instrument and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my off icial sea 1 on the day and year in this certiE icate first above written. (Seal) .....".. ..ON S~,,!, ..~ ..----::.~.. .~!ZI/;O~~/.':?;A _Ojl "'Y. . \ . . . .,...,., . · i ':tt~""'~ · · !'" L · . .". 1f. . ,,'.., " .. \.~' ....' " .. .. b._~~: ...~.l1~~~~+. ..~".QOF~. .......... 3hMIYl hrndeu Notary Public Residing at My commission PARTIAL AMENDED DEVELOPMENT AGREEMENT - 10 NOU 05 . 0l 10: 4') ,JfjD ~,;.',) OiJH.) : '.H ,I : 1 EKHrBIT tlA" TO THE PARTIAL AMENDED DEVELOl?HEN'T 1\GREEKENT BY AND BETWEEN TaE CITY OF MERIDIAN, IDAHO AND CONTRACTOR8 EQUIPMENT SUPPLY COMPANY, INC. 1. CESCO agrees to comply with the requirements of the Meridian Police Department, Meridian Fire Department, .Meridian city Engineer, Meridian Planning Director, Ada County Highway District (hereafter nACHD"), Central District Health Department and the Nampa-Meridian Irrigation District. 2. CESCO shall extend and construct water and sewer line extensions to serve the Property and connect to CITY water and sewer lines in the following manner: CESCO shall be allowed to connect to and use the existing sewer line extensions that exist on Lots 2 and J of the Playground Subdivision for at least a period of five (5) years from the date of issuance of the building permit. In the event that the five Mile Trunk Sewer Extension is not constructed by CESCO or another party within said five (5) year period, CESCO shall, individually or 1n cooperation and agreement with other landowners and/or developers whose land would be served by the Five Mile Trunk Sewer Extension, construct the Five Mile Trunk Sewer Extension to the Property i the distance and size of the Five Mile Trunk Sewer Extension is shown and described on Exhibit B which is attached hereto and incorporated herein as if set forth in full., CESCO shall be allowed to enter into Late Comers Agreement(s} with the City in accordance with the sewer ordinance in effect at the time for the purpose of recovering the costs of construction of the Five Mile Trunk Sewer Extension paid by CESCO. If the Five Mile EXHIBIT A - p. 1 NOU 05 '0t l0:50 208 52<) GD02 f"1AG[. 1 2 Trunk Sewer Extension is not constructed within five (5) years, CESCO shall be allowed to continue to use the existing sewer service for an additional two (2) year period during which time it shall complete construction of the Five Mile Trunk Sewer Extension to the Property and connect to that extension. Provided, however, CESCO shall connect to the Five Mile Trunk E- Sewer Extension as soon as it becomes available, but not later than seven (7) years from the date of this Agreement. The Improvement Plans required by this Amended Development Agreement shall not be required to include the Five Mile Trunk Sewer Extension; provided, however, in the event CESCO is required to construct the Five Mile Trunk Sewer Extension to the Property, it shall submit and obtain the CITY'S approval of plans and specifications for that extension. CESCO shall not be responsible for obtaining any easements, permits, or other authoriza tions from any private or publ ic ent i ty necessary to construct the Five Mile Trunk Sewer Extension. J. CESCO shall pave the entrance driveway and parking lot within the Property and other areas the City desires to be paved. Provided, however, CESCO shall only be required to gravel the rear portions of the facility 'Where heavy equipment will be parked or transported. 4. CESCO shall construct sidewalks and deposit amounts required by the Ada County Highway Oistrict into the Public Rights-at-way Trust Fund for the construction of curbs and gutters along Overland. Provided, however, nothing in this Agreement sha 11 affect in any manner the use of funds already EXHIBIT A - p. 2 NOV 05 '01 10:50 208 52g 0882 Pf'1GE.13 deposited with the Ada County Highway District by CESCO or any other party for the purpose of constructing curbs, gutters, and sidewalks for the Property. 5. CESCO shall provide landscaping as depicted on approved plans prior to obtaining a certificate of Occupancy. Failure to provide and maintain landscaping may result in revocation of the Certificate of Occupancy. 6. CESCO shall construct, pave and stripe all parking areas and walkways in accordance with CITY standards, including the requirements of the Americans with Disabilities Act (ADA). 7. CESCO shall design buildings to be accessible to the handicapped in accordance with the ADA. 8. In accordance with paragraphs 11 and 12 of this Agreement, the city shall issue to CESCO a Certificate of Occupancy following the cityls completion of a fire inspection, building inspection, and electrical inspection, and CESCO's satisfaction of the require-ments of this Agreement and all other applicable requirements for issuance of a Certificate of Occupancy. EXHIBIT A - p. J NOU 05 '01 10:50 208 529 0882 PAGE, 1 (j JFDdl "'" . I \-= ~ d.. ~ Vl.1~ _.........,~. ." f.' .. , 1 :. :'.' c', I ~ccc I il-1 t~ u C\ ( ! / t:~" N-'""":\1 G A I ~ I r'; \ I fJ "'. \ In .1 ,: !') 'g/ C >< t,t;-< ~ ~ ~ '--.i.,~ _~,.' ~ ,~~ --! y- ~[./ Jr ,~ J I I ~ '- ~ ~~~l 1-; ~ f- I~ '" J 5 ~ --< j :f L-f r\~J; -6- ~ JI ~ ~~ ~,~....., ~ ,'~ 7: ; ~ "~O)$@) I ~- I~~~ -""'-1 r- I- ~~ I h: --=o-::::::.~ J J, I _ '. "'-:" I "'~<:" Xii: it; =-c- C V:':f:::: .....;.. ,...;. ~ ~ :- :" ?:~:~~r.)~;r '3:~ ~ ~ " ..<.'ro;g': ;F1 b ~I I I ~ ..' :..,'.:.>:.:.: :"" 'v ( ~ : i.',..' . '::: ',::': ':;:. ,:::;' y" fD' ~ .:' .. " . ~ '...,.: ... '. ~ at ..., ,p.'. ~ c~ l~ .' r . t [.... I-: \... " F: / '::.. .:~ ,,/, . , ',;' '1IIli:! .y' ! ! I ' r'J ,~~., ~ ~,lf ~ J ) I . .. ""9:" --II ~ ~ '\..L- - ~.... - ../ L 1,..0 ~ ~ ...... l-- l'i.0r fI 0: Xi. \~~ i 1 f "--' r-c \ '-., f-~' 7 .... -- :r u g I... t'j ~ g ~ .:: .. -~ r- .,J f ;r; - ~ ~ r- 0 !!! I--- , .. II> ~ -- -'-~ I- '---- _/; \\:,' '~ I~J ' ~ oc ~ r- ---..l I . _ oc ~ / fEJ !-L ::/rr- J - .I' .-. / ./ ./ t ~ ~ k' AYM l~o I t:7 L f- a:: I- a: /, " 7/ : /!U ti /. -:;' " t L , ~ I ~ NOV 135 . 01 10: 51 EXHlBIT B 208 529 0882 f- a: '-- I- a: - l ~ 1 , : ! 1 W " , J ~ I t- J -::= I , I ~ --..I.. ~ ~il- 1"-r- - -: -.....:1 I ~ I ^ >-:..< JJ I ' ;/ I ./' I III\~ J.'W :::>AGF:, ::J May 3, 2002 Ivil::RIDIAN CITY COUNCIL MEETING May /, 2002 APPLICANT Public Works Department ITEM NO. .3 - !( REQUEST South Slough Sewer Project, Engineering Agreement Addendum, J-U-B Engineers: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY A TIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HJGHW A Y DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached Memo(s) ~ C1J~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ECEIVED MAY - 2 2002 CITY OF MERIDIA.N CITY CLERK OFFICE To: Mayor Corrie lFrom: Brad Watson, P.E;5'~tJ CC: File, Gary Smith, PE, City Clerk Date: 5/2/2002 Re: Proposed Agenda Items for May 7 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the May 7 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Addendum to Aqreement for Professional Services - South Slouoh Sewer Proiect. JUB Enoineers * This addendum to the existing agreement authorizes JUB Engineers to add water design to the project throughout Carol's Subdivision and add sewer lines to the culdesacs within that subdivision. The subdivision residents were very vocal during our neighborhood meeting in February about adding these facilities to the project while Leslie Drive, Leslie Way and Justin Place are being tom up for the main sewer trunk construction. The Public Works Department agrees that adding these water and sewer facilities during the South Slough Sewer project makes sense in the long-term. JUB Engineers proposes a lump sum amount of $9,810 in addition to the existing agreement amount of $118,977. The total revised agreement amount would be $128,787. Based on preliminary estimates, current budgets adequately allow for the proposed additions to the project. A copy of the signed addendum is enclosed. Recommended Council Action: approve the addendum to the agreement withJUB Engineers for design ofthe South Slough Sewer Project on a fixed fee amount of $9,810, and authorize the Mayor to sign and the City Clerk to attest. 2) Aoreement for Professional Services - Boise River Outfall. Keller Associates. This agreement authorizes Keller Associates to complete a pre-design study of the Boise River Outfall diffuser facility. The BRO is the secondary discharge point for the Wastewater From the desk of.. . Brad Watson, P.E. city Engineer Meridian Public Works Department 660 E. Wa1ertower Lane, Suite 200 Meridian. Idaho 83642 .. Page 1 (208) 898-5500 Fax: (208) 887-1297 walsonb@ci.meridianidus Treatment Plan that, while infrequently used, must be maintained as a discharge point if the Five Mile Creek discharge point is ever limited due to environmental regulations. Plant personnel are experiencing difficulty with the diffuser as it accumulates sand and silt and is frequently plugged. Due to the sensitivity surrounding the Boise River, this pre-design will include coordination with the Department of Environmental Quality I Department of Water Resources, U.S. Fish & Wildlife, Idaho Fish and Game and E.P.A. to determine what solutions and ultimate design meet with their acceptance. This preliminary scooping will aid us in preparing a more focused and less expensive final designlsolution than if we go through the entire study and design first. A copy of the signed agreement is enclosed. Recommended Council Action: approve the agreement with Keller Associates for the preliminary design and agency coordination of the Boise River Outfall pre-design study on a time and material basis, not-to-exceed $14,000, and authorize the Mayor to sign and the City Clerk to attest. 3) South Slouoh Sewer Easement - Jim Kissler. This easement is from Jim Kissler who owns the property on the southeast comer of the Eagle and Ustick Road intersection. This easement was not required for the original review plans but we have slightly modified the alignment to get the sewer from the Eagle Road right-of-way, across Mr. Kissler's property, and into the Ustick Road RO.W. east of Eagle Road. A copy of the signed permanent and temporary easement is enclosed. Recommended Council Action: Accept the permanent and temporary construction sewer easement from Jim Kissler and authorize the Mayor to sign and City Clerk to attest the easement. We request that the following items be placed on the May 7 City Council agenda, under Public Works Department Reports, for Council's consideration: 1) Water Department Line Item Transfer. Please refer to Len Grady's memo to me dated 5/2/02. 2) Award of Contract for Elevated (Water) Tank Repaintino Proiect. Please refer to Len Grady's memo to me dated 5/2102. Thank you. Please contact me if you have any questions regarding any of these items. ~~ .. Page 2 ~ rJ.U.B.- J-U-B Efl 'fNEERS, Inc. ~ 250 S. Beechwood Avenue. Suite 201 . Boise, Idaho 83709-0944 . Telephone (208) 376-7330 . FAX (208) 323-9336 AUTHORIZATION FOR ADDITIONAL SERVICES CLIENT: PROJECT NAME: J-U-B Project Number: The following additional items of work on the project referenced above have been or will be provided by J-U-B ENGINEERS, Inc. These additional services are a supplement to the scope of services contained in J-U-B's existing Agreement for Engineering Services for this project, dated November 21, 2000 approved by City Council Additional Services: As outlined on Attachment "A-1" J-U-B ENGINEERS, Inc. was verbally authorized to provide these services by: n/a Name n/a Date Unless otherwise noted below, J-U-B ENGINEERS, Inc. will provide these additional services on a time and materials basis, using the Firm's standard billing rates, or if applicable. the billing rates established in the initial Agreement for Engineering Services, Other Basis for Payment: As outlined in Attachment "A-1" Dated this day of 200g. City of Meridian Print or Type Client Name J-U-B ENGINEERS, Inc. By: Client or Representative Signature By -!~J4~_J Projec Represen \ffl Signature Robert D. Corrie, Mayor Print or Type Name and Title Phillip H. Krichbaum, P.E. - Proiect ManaQer Print or Type Name and Title Rev. January 2000 ADDENDUM NO. 1 AGREEMENT FOR CIVIL ENGINEERING SERVICES City of Meridian. Idaho South Slough Trunk Sewer Extension J-U-B ENGINEERS. Inc.. Project No. 11690 ATTACHMENT "A-1" SECTION 1 - PROJECT UNDERSTANDING 1. Project Understandim~ 1.1 The Owner intends to incorporate to following components into the Project: · Include water system improvement into the Carol Subdivision area. This will include extension of water lines, services, and fire hydrants. The water system will be extended from the existing 12-inch main located in Ustick Road and interconnect with the 12-inch main near River Valley Elementary School. Total length of water main will be approximately 5,500 feet. A layout of the proposed system has been completed by the OWNER in the Carol Subdivision area. · Include collection sewer extensions to Justin Place and the two cul-de-sacs off Leslie Drive. Design will include service services to each home. 1.2 The above improvements will be incorporated in the construction plans and project manual for the South Slough Trunk Sewer Extension Project. 1.3 The OWNER intends to phase construction of the trunk sewer within the Packard Acres No.2 Subdivision. This will require a separate set of construction plans. SECTION 2 - OWNER RESPONSIBILITIES 2. Owner Information and Responsibilities: The following data and/or services are to be provided by the OWNER without cost to the J-U-B. 2.1 Provide preliminary layout drawing of water system improvements. 2.2 Provide staff to coordinate water meter and sewer service line locations with property owners. 2.3 Provide access to relevant record drawings on the water system. 2.4 Pay for all permits, fees, or other payments required to secure permitting for construction of the proposed improvements. SECTION 3 - SCOPE OF ADDITIONAL SERVICES 3. Services to be Performed by J-U-B: J-U-B shall furnish services specifically limited to the following: 3.1 Supplemental Topographic Survey and Temporary Construction Benchmarks. Addendum NO.1 to Agreement for Civil Engineering Services City of Meridian -South Slough Trunk Extension Attachment "A-1" Page 2 J.U-B shall complete additional field survey to supplement the existing survey completed for the project. Scope of the survey will be as described in the Agreement. Limits of the survey shall be as follows: 1) Full right-of-way width on Justin Place from Leslie Drive which is approximately 400 feet in length. 2) Full right-of-way width of the two cul-de.sacs adjacent to Leslie Way. 3) A 75 foot wide strip of land along the west edge of pavement on Eagle Road from Leslie Drive to River Valley Road. This witt encompass approximately 800 feet. J.U-B shall contact and receive utility information from gas, power, telephone, storm drainage, cable T.V., street lighting, traffic signals, irrigation, and other utilities that may be affected by the proposed construction. Utilities depicted on drawings as a result of this task will not be verified. Utility location must be verified during project construction J.U-B shall set (2) temporary benchmarks (T.B.M.s) and horizontal locations in Justin Place and subject cul-de-sacs. 3.2 Final Desi~n A. Design of Sewer Extensions: J-U-B shall complete final design of 8-inch collection sewers in Justin Place and the two cul-de-sacs on Leslie Way. Design shall be in accordance with the Agreement and be incorporated into the construction plans. B. Design of Water System Improvements: J-U-S witt utilize the Owner's preliminary layouts and design the water system in the Carol Subdivision. Water main extension will be designed along the west side of Eagle Road for connection to the existing main near the River Valley Elementary School. Connections to existing mains will be designed and detailed. Fire hydrants will be located per City Standards. Services will terminate in a water meter vault, per City Standards. Water service lines will not be designed from water meter to the house. C. Specifications and Contract Documents Specifications and Contract Documents will be developed for the additional improvement and shall be in accordance with the Agreement. D. ITD and ACHD Agency Permitting J-U-S shall coordinate alignments of water main with ACHD and [TD to establish acceptable corridors. E. Plan Review Upon 90% completion of the plans and specifications, J-U-B shall submit review sets of plans to all affected utilities, ITD, and ACHD and two sets for the OWNER'S final review and approval. Addendum No. 1 to Agreement for Civil Engineering Services City of Meridian -South Slough Trunk Extension Attachment "A.1" Page 3 F. Final Revisions J-U-B shall incorporate all appropriate revisions as suggested by the OWNER and the permitting agencies in the final set of plans and specifications. G. Opinion of Probable Construction Cost J~U-B shall develop and issue to OWNER an opinion of probable construction cost for the construction project and any bid alternatives. 3.3 Packard Acres No.2 Construction Plans J~U-B will provide separate construction plans for the trunk sewer which lies within the proposed Packard Acres No.2 Subdivision. The plan and profile construction plans will be a stand alone set, and incorporate construction notes per the ISPWC. No separate project manual or technical specifications will be provided. SECTION 4 - FEE SCHEDULE Basis of Fee and Billing Schedule The OWNER shall pay J-U-B for its services and reimbursable expenses as follows: · Survey, Final Design, Permitting, Packard Acres No.2 Construction Plans Items 3.1 through 3.3, on a lump sum basis with a cost of..................................$9,810 The basis for calculation of fees is presented in Attachment "B-1". F:\pm\phk\11690\add No.1 attach. doc I ! l l I ' II, II i I ! ! r I I ~ ! III I ! Sl , '! 1 ~ , I~ en --j : ~ I~ j ~ ! J I ; I I' I ._LLlJj_~~ _~_ ! ! J j , I ! t ! i - -I ::c :D o c R , ; . , ... ..., - .;.. _,..., '_n =- -I o -I :t>- r -I :t>- en ^ en ~ ...... Yl to al .... o "0-- '" ,.:.-, ... 0"0 o Il> ::I " ~S 2 a. !1:.- '0' ~ .::1 '" "0 .. .S' Z '~ ~ <J] '" :m 0 ll> 0 ,.,. ::I 0, .. !"-' ... <: !1 0' ::J "Q .. ::J .. '"0 im '::J 'll> ' ::J! jQ. i '''U! ~2.1 )~I ':1:J '0; I n_r-, I : o ~ o ~ 2. o IE. IE. 2. 2. f-9. IE. - ~ L- .. .... .... ... ;.... ..-j o ~ r- en o ... 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"'~ <l> "'-J~Sl ~ ~ 2? m ~"~. w ~ PI. rn .....z"Q ~~ ~ g ~+ ~ Q ~ CD m :.... =i '" ':!~oo m5~ tn 0" III o Qj.""< ::I ~9() Cllmg in =2 !:!!. A~. "'!;? ~'" ",::- 83 n> " /nO (:;m 8~ "'en'" ""e f1' :2 3: 8 ~ ~ ~3'0 8~Jl :E g> 39:S ~~~ ..-j..-j Q:.- )>en r-^ :t>-n :t=i :t>--< no :J:"T1 ;S:;s: mm Z::IJ ;2 gJ:t>- ....z = , I en ro :t>-c lll-l O::c :Den )>r zO oc mG> O:J: c-l "t)::IJ ;s:C mZ z^ -1m OX m-l -1m :t>-z _en r5 Z )> o o m Z o c 5: z o May 3, 2002 MERIDIAN CITY COUNCIL MEETING May 7, 2002 APPLICANT Public Works Department REQUEST South Slough Sewer Easement -- Jim Kissler ITEM NO. :3-L 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 COMP ANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS See Attached Memo(s) I/,ft./ (]/pf~ Date: Phone: Materials presented at public meetings shall become property of the City of MeridIan. Gity of MeriClian Bu6lic Work:s Dept. e RECEIVED To: Mayor Corrie From: Brad Watson, p.E.~~0 CC: File, Gary Smith, PE, City Clerk Date: 5/212002 Re: Proposed Agenda Items for May 7 City Council Meeting MAY - 2 2002 CITY OF MERIDIAN CITY CLERK OFFICE The Public Works Department respectfully requests that the following items be placed on the May 7 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Addendum to Agreement for Professional Services - South Slough Sewer Proiect, JUB Engineers This addendum to the existing agreement authorizes JUB Engineers to add water design to the project throughout Carol's Subdivision and add sewer lines to the culdesacs within that subdivision. The subdivision residents were very vocal during our neighborhood meeting in February about adding these facilities to the project while Leslie Drive, Leslie Way and Justin Place are being tom up for the main sewer trunk construction. The Public Works Department agrees that adding these water and sewer facilities during the South Slough Sewer project makes sense in the long-term. JUB Engineers proposes a lump sum amount of $9,810 in addition to the existing agreement amount of $118,977. The total revised agreement amount would be $128,787. Based on preliminary estimates, current budgets adequately allow for the proposed additions to the project. A copy of the signed addendum is enclosed. Recommended Council Action: approve the addendum to the agreement withJUB Engineers for design of the South Slough Sewer Project on a fixed fee amount of $9,810, and authorize the Mayor to sign and the City Clerk to attest. 2) Agreement for Professional Services - Boise River Outfall. Keller Associates. This agreement authorizes Keller Associates to complete a pre-design study of the Boise River Outfall diffuser facility. The BRO is the secondary discharge point for the Wastewater From the desk of... . Page 1 Brad Watson, P.E. city Engineer Meridian Public WOlks Departmenl 660 E, Watertower Lane, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 887-1297 watsonb@cimeridian.idllS ( Treatment Plan that, while infrequently used, must be maintained as a discharge point if the Five Mile Creek discharge point is ever limited due to environmental regulations. Plant personnel are experiencing difficulty with the diffuser as it accumulates sand and silt and is frequently plugged. Due to the sensitivity surrounding the Boise River, this pre-design will include coordination with the Department of Environmental Quality, Department of Water Resources, U.S. Fish & Wildlife, Idaho Fish and Game and E.P.A. to determine what solutions and ultimate design meet with their acceptance. This preliminary scooping will aid us in preparing a more focused and less expensive final design/solution than if we go through the entire study and design first. A copy of the signed agreement is enclosed. Recommended Council Action: approve the agreement with Keller Associates for the preliminary design and agency coordination of the Boise River Outfall pre-design study on a time and material basis~ not-to-exceed $14~OOO~ and authorize the Mayor to sign and the City Clerk to attest. 3) South Slouoh Sewer Easement - Jim Kissler. * This easement is from Jim Kissler who owns the property on the southeast comer of the Eagle and Ustick Road intersection. This easement was not required for the original review plans but we have slightly modified the alignment to get the sewer from the Eagle Road right-of-way, across Mr. Kissler's property, and into the Ustick Road R.O.W. east of Eagle Road. A copy of the signed permanent and temporary easement is enclosed. Recommended Council Action: Accept the pennanent and temporary construction sewer easement from Jim Kissler and authorize the Mayor to sign and City Clerk to attest the easement. We request that the following items be placed on the May 7 City Council agenda, under Public Works Department Reports, for Council's consideration: 1) Water Department Une Item Transfer. Please refer to Len Grady's memo to me dated 5/2/02. 2) Award of Contract for Elevated (Water) Tank Repaintino Proiect. Please refer to Len Grady's memo to me dated 5/2/02. Thank you. Please contact me if you have any questions regarding any of these items. ;5~ . Page 2 S00+k l' 0 00'^ S"'-u.>e." Ea.:><<.w""...::l SANITARY SEWER EASEMENT 2151- THIS INDENTURE, made this ~ :-aay of October 2001 between James A. Kissler, LL C., the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee. WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer temporary right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for the temporary easement for the construction, of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS "A" AND "B") The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire on the earlier of either the termination of the construction contract or on July 31, 2002, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in constructing will expediently replace and restore the premises, including compaction of soils, to a condition comparable to that existent prior to undertaking such construction, THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever, SANITARY SEWER EASEMENT. Page 1 of 3 IN WITNESS WHEREOF, the party has hereunto subscribed his signature the day and year first hereinabove written. STATE OF IDAHO) ) ss County of Ada ) On this .31 ~ t day of o~ ,2001, before me t(e.,,;~ e.. C l.......s.. , personally appeared .:r~_e..s A. k:ss/e... , proved to me on the bases of satisfactory evidence to be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. I ~ ~. Ll.-- Y PUBLIC FOR IDAHO My Commission Expires on 'i /3 J o~ SANITARY SEWER EASEMENT, Page 2 of 3 GRANTEE: CITY OF MERIDIAN Robert D, Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: SANITARY SEWER EASEMENT, Page 3 of 3 ------ (' J.U.8A ~ Engineers Surveyors Planners Project No.: Date: Parcel No.: Grantor(s): South Slough Trunk Sewer Extension (11690) October 19, 2001 51105110012 James A. Kissler, LLC CITY OF MERIDIAN EXHIBIT "A" A TEMPORARY CONSTRUCTION EASEMENT LAND SITUATED IN ADA COUNTY A parcel of land located in a part of Government Lot 4, Section 4, T.3N., R.1 E., B.M., Ada County, Idaho, for the purpose of a temporary construction easement, more particularly described as follows; The Northerly 80.00 feet of the Westerly 50.00 feet of Kissler property, Tax Parcel No. 51104223336. Said easement contains 4,023 sq. ft., more or less. Refer to Drawing Exhibit "B" END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.s. TAJ:lhc F:\projeetmanagers\PHK\ 11690\ 11690-Sur\admin e-mail\kissler tee. doc * I I 1 _ _ _ _.lO:!<~"" __ _ _\ ~ _. _~_ _ _ __ "~_"'" _ _ ___"'_'_ I \ ! , - - ~\: \J6 .~I --- _____ \" -----.-. -- iV --~_ r'---.-__R;(fo/ =====--- (; >;\'L::=--I--~~ ~'-~- J)./L~ ~ MONUMEN1i T I -- -J.. t.F- \"t. t~' -- =-tt~~ \ I 1 "I I .:., ~ :. \~ E-E-...: I" I~~';' ~V ; i<ik:"': ' . __ \jt; ~,1? r ,..,._..-~_r- ....."' / L') ~ ,~-" I ----'. .;:-' .~. S -,.'. '.j :: ----- CL "- W CD \./,..:. ~ <t( r , '" i ' I 0... I ~ l.,j I '-.... I I " 0:: I I I ~ ! I I rr I'l' I . i ! ~ I I 3: r ! '-.... i ! 0:: - \._~. I I I . N. JL 1["' L.....- 50 ~ 25 - o 50 SCALE: 1"=50' I=-- LY3TICK -ROAD i,,-' ,--~ _,I' u- \ ~lW 1 0:: 00 oJ .J TAX PARCEL # 51104223336 50' LEGEND R/W RIGHT-OF-WAY ---- PROPERTY BOUNDARY 5 PROPOSED TRUNK SEWER o PROPOSED MANHOLE LOCATION (MAY VARY) PROPOSED PERMANENT SEWER EASEMENT ~ PROPOSED TEMPORARY CONSTRUCTION EASEMENT .-...--:-- rJ.U.B.l ~ .ENOLNE.EflS . SURVEYORS. "tANNERS 100 EXHIBIT B CITY OF MERIDIAN, IDAHO SOUTH SLOUGH TRUNK SEWER EXTENSION JAMES A. KISSLER, LLC PROPERTY NE 1/4, SECTION 4, T3N, R1 E, 8M May 3, 2002 MERIDIAN CITY COUNCil MEETING May 7, 2002 APPLICANT Public Works Department ITEM NO. REQUEST Boise River Outfall Engineering Agreement, Keller Associates: 1- IT} 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 CaMP ANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS See Attached Memo(s) vV' ~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. Me RECEIVED MAY - 2 2002 CITY OF MERIDIAN CITY CLERK OFFICE To: Mayor Corrie From: Brad Watson, p.E.J5~0 CC: File, Gary Smith, PE, City Clerk Date: 5/212002 Re: Proposed Agenda Items for May 7 City Council Meeting The Public Works Department respectfully requests that the fOllowing items be placed on the May 7 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Addendum to Agreement for Professional Services - South Slough Sewer Proiect. JUB Engineers This addendum to the existing agreement authorizes JUB Engineers to add water design to the project throughout Carol's Subdivision and add sewer lines to the culdesacs within that subdivision. The subdivision residents were very vocal during our neighborhood meeting in February about adding these facilities to the project while Leslie Drive, Leslie Way and Justin Place are being tom up for the main sewer trunk construction. The Public Works Department agrees that adding these water and sewer facilities during the South Slough Sewer project makes sense in the long-term. JUB Engineers proposes a lump sum amount of $9,810 in addition to the existing agreement amount of $118,977. The total revised agreement amount would be $128,787. Based on preliminary estimates, current budgets adequately allow for the proposed additions to the project. A copy of the signed addendum is enclosed. Recommended Council Action: approve the addendum to the agreement withJUB Engineers for design of the South Slough Sewer Project on a fixed fee amount of $9,810, and authorize the Mayor to sign and the City Clerk to attest. 2) ~ Agreement for Professional Services - Boise River Outfall. Keller Associates. This agreement authorizes Keller Associates to complete a pre-design study of the Boise River Outfall diffuser facility. The BRO is the secondary discharge point for the Wastewater From the desk of, , . Brad Watsoo, P.E. City Engineer Meridian Public W 0Iks Depar1rnen1 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898--5500 Fax: (208) 887-1297 watsonl:@ci.merdianidus Treatment Plan that, while infrequently used, must be maintained as a discharge pornt if the Five Mile Creek discharge point is ever limited due to environmental regulations. Plant personnel are experiencing difficulty with the diffuser as it accumulates sand and silt and is frequently plugged, Due to the sensitivity surrounding the Boise River, this pre-design will include coordination with the Department of Environmental Quality, Department of Water Resources, U.S. Fish & Wildlife, Idaho Fish and Game and E.P.A. to determine what solutions and ultimate design meet with their acceptance. This preliminary scooping will aid us in preparing a more focused and less expensive final design/solution than if we go through the entire study and design first. A copy of the signed agreement is enclosed. Recommended Council Action: approve the agreement with Keller Associates for the preliminary design and agency coordination of the Boise River Outfall pre-design study on a time and material basis, not-to-exceed $14,000, and authorize the Mayor to sign and the City Clerk to attest. 3) South Slouqh Sewer Easement - Jim Kissler. This easement is from Jim Kissler who owns the property on the southeast comer of the Eagle and Ustick Road intersection. This easement was not required for the original review plans but we have slightly modified the alignment to get the sewer from the Eagle Road right-of-way, across Mr. Kissler's property, and into the Ustick Road R.O.W. east of Eagle Road. A copy of the signed permanent and temporary easement is enclosed. Recommended Council Action: Accept the pennanent and temporary construction sewer easement from Jim Kissler and authorize the Mayor to sign and City Clerk to attest the easement. We request that the following items be placed on the May 7 City Council agenda, under Public Works Department Reports, for Council's consideration: 1) Water Department Line Item Transfer. Please refer to Len Grady's memo to me dated 5/2/02. 2) Award of Contract for Elevated (Water) Tank Repaintinq Proiect. Please refer to Len Grady's memo to me dated 5/2/02. Thank you. Please contact me if you have any questions regarding any of these items. ;5~ . Page 2 AGREEMENT FOR ENGINEERING SERVICES In Association with Predesign, Design, and Construction of Boise River Outfall Improvements CITY OF MERIDIAN, IDAHO and KELLER ASSOCIATES, INC. K.A. No. 102022 This Agreement is made and entered into between the City of Meridian, Idaho (herein called OWNER) and Keller Associates, Inc. (herein called CONSULTANT) this _ day of ,2002. In consideration of the mutual promises herein contained, the OWNER and the CONSULTANT agree as follows: 1. Scope of Services During the terms of this Agreement, CONSULTANT shall furnish to the OWNER, Predesign, Design, and Construction Engineering services as set forth in Attachment A, attached hereto, and made a part hereof. Such services shall be performed by individuals as employees of CONSULTANT, an independent Contractor, and not as employees of the OWNER 2. Period of Agreement The Agreement shall commence on the first above written date and terminate upon completion of construction. Due to liaison required with government agencies, it is uncertain what the contract duration may be at this time. 3. Payment Rates and Billing 3.1 As compensation for Predesign, Design and Construction Engineering Services to be performed by CONSULTANT, the OWNER will pay CONSULTANT as indicated in the Attachment B attached hereto. OWNER shall not have any liability for any other expenses or costs incurred by CONSULTANT, unless otherwise provided in the Attachment or authorized by the OWNER. 3.2 CONSULTANT shall keep accurate records of the time expended. Payment for services performed by CONSULTANT shall be made at the end of each month upon the submission by CONSULTANT of invoices or time statements to the OWNER. Invoices submitted by CONSULTANT will: A. Accurately describe services rendered during the invoice period, including respective dates of performance and any reports submitted. B. Identify any other authorized expense incurred hereunder; and 1 02022/ 1102-150 C. Make reference to this Agreement (Keller Associates' project number) or otherwise identify the invoice in such a manner as the OWNER may reasonably reqUire. 3.3 The CONSULTANT shall not take any action hereunder which could cause the amount for which OWNER would be obligated to CONSULTANT to exceed the sum of the fees defined in the Attachment provided, however, that this sum may be increased or decreased from time to time by the OWNER in writing if extra work is required or the scope of work is adjusted for any reason. For other than lump sum (fixed fee) agreements, CONSULTANT shall advise the OWNER in writing when costs incurred under this Agreement are equal to seventy-five percent (75%) of the aforesaid sum. 4. Data CONSULTANT agrees that all data and information such as designs, drawings, reports, blueprints, and the like generated in the performance of this Agreement and data and information which are specific to be delivered or which are, in fact, delivered pursuant to this Agreement shall be and remain the sole property of OWNER. CONSULTANT shall deliver all data and information to the OWNER upon OWNER's request, and shall be fully responsible for the care and protection thereof until such delivery. Except as otherwise provided in this Agreement, said documents shall be delivered to OWNER without additional costs to OWNER. 5. Termination The OWNER and CONSULTANT may terminate this Agreement in whole or in part at any time by giving 30 days written notice thereof. Upon said termination, CONSULTANT will be reimbursed for that portion of the work satisfactorily completed prior to termination and shall be entitled to negotiated damages. 6. Changes The OWNER, within the general scope of this Agreement, may at any time, by written notice to CONSULTANT, issue additional instructions, require additional services, or direct the omission of services covered by this Agreement. In such event, there will be made an equitable adjustment in price and time of performance, but any claim by either party for such an adjustment must be made within thirty (30) days of the receipt of said written notice. 7. Compliance with Laws To the extent applicable hereto, CONSULTANT shall in the performance of this Agreement comply with all Federal, State, and local laws, all regulations and orders issued under any applicable law, and all State regulations. 8. Standards All services hereunder shall be performed by employees or agents of CONSULTANT who are experienced and highly skilled in their professions and in accordance with the standards of workmanship in their professions. CONSULTANT warrants that its findings, recommendations, and professional advice shall be based on practices and procedures, customarily used in its 10202211102-150 profession, and asserts it wilt employ the current state-of-the-art and accepted standard industry practice in performing the services defined herein, 9, Records The OWNER and, if the services are to be performed hereunder relate to a Federal or State Government Contract, the Comptroller General of the United States, and the Department or Agency of the Government having cognizance over said prime Contract, and any of their duly authorized representatives, shall, until the expiration of 3 years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of CONSULTANT involving transactions related to this Agreement. 10. Gratuities CONSULTANT warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities to OWNER's employees, agents, or representatives with a view toward securing this Agreement or securing favorable treatment with respect thereto. II. Insurance CONSULTANT shall provide professional liability indemnification to protect the OWNER and granting agencies from CONSULTANT's negligent acts and errors of omission of a professional nature. CONSULTANT and subconsultants shall maintain workman's compensation insurance and shall furnish a certification of insurance. 12. Owner Furnished Services The following services will be provided by the OWNER as part of this project: a. Provide drawings of existing site facility locations, piping and mechanical and electrical information as available. b. Provide other necessary services not included in CONSULTANT's Scope of Work if needed for this project, unless additional services are requested of CONSULTANT by the OWNER at an increase in cost. 102022/ 1/02-1 SO In Witness Whereof, the parties hereto have executed this Agreement as of the date first above written, CLIENT: CITY OF MERIDIAN CONSULTANT: KELLER ASSOCIATES, INC. By: By: ~ l' , /// 't~}f. , ,UJ~l 1 es L. Keller Robert D. Corrie Title: Mayor Title: President - Proiect Manager Attested: William G. Berg Jr. Attested: Dennis M. Suihkonen By: By: Q~ ~. '>O~ Title: City Clerk Title: Proiect Engineer Approved By City Council: Date: I 02022/1/02-150 CITY OF MERIDIA' BOISE RIVER OUTFALL IMPROVEMENTS - ATTACHMENT A APRIL 2002 ENGINEERING PROPOSAL - INTRODUCTION The City of Meridian wastewater treatment plant has two alternative points of discharge, either to Five Mile Creek or to the Boise River at the Linder Street Bridge. The Boise River discharge is rarely used, as a result of the last change in the plant's NPDES permit; however, more frequent or continuous discharge to the Boise River may occur in the future. The existing outfall is a 14-inch pipe buried approximately 4-5 feet deep, extending across three quarters of the river channel, with three 6-inch ports extending up into the flow stream. The existing Boise River outfall design is such that it is susceptible to plugging from sedimentation and is very difficult to clean, since it is blind flanged on one end. The City desires to improve the outfall so that sedimentation is minimized and cleaning is more easily accomplished. The size of the outfall may also need to be increased to be able to meet future wastewater flow conditions. SCOPE OF WORK Predesign/ Agency Coordination Improvements to the existing Meridian Boise River Outfall are highly dependent upon existing site conditions and agency operational and construction constraints that may be imposed. Therefore, this scope of services includes the following preliminary design consideration permitting process, prior to proceeding with any final design. These tasks are now outlined below: 1. Field Review and Channel Cross-Sections: The CONSULTANT will do a field inspection of the outfall area with City personnel and will also complete necessary channel topography that may be needed for preliminary and final design. This field inventory will take special note of the river channel materials, bank stability, erosion, and potential river channel and bank disruptions that may result from repair of the existing outfall line or construction of a new diffuser system. 2. Development of Preliminary Outfall Concepts: The CONSULTANT, working hand in hand with OWNER staff members, will develop several concepts that potentially might be employed to improve the river diffuser system. These concepts might be, but are not limited to: Attachment A -02.150 4~ ~~1~ INTRODUCTION SCOPE OF WORK CITY OF MERIDlp..1 BOISE RIVER OUTFJ. _IMPROVEMENTS - ATTACHMENT A APRIL 2002 a. Repairing the existing diffuser system, with the addition of screens and/or drain rock and filter fabric. b. Extension of the existing diffuser pipeline across the river with the addition of an additional cleanout. This alternative might include the development of the extended pipe with drain rock, filter fabric, and perforated pipe. c. Plugging the existing ports and drilling small diameter holes in the existing pipe, in conjunction with the addition of drain rock and filter fabric. d. Development of a new, larger diameter diffuser system with manhole cleanouts on both sides of the river. 3. Initial Agency Communication: With the preliminary concepts in hand, the CONSULTANT, along with the OWNER, will meet initially with the Corps of Engineers (Corps), most likely at an onsite tour, to determine the Corps' issues and also a procedure for approval of the permit for either maintenance repair or complete new diffuser construction. After meeting with the Corps to determine the sensitivity of this construction relating to disruption of the river channel, the CONSULTANT, with the OWNER's representative, will also initiate contact with DEQ to determine the environmental issues and new requirements that may be imposed upon the implementation of changes to the existing outfall system, and/or the installation of a new and larger diffuser facility, 4. Concept Decision: After receiving input from the agencies concerning the various outfall improvement alternatives, with any associated environmental mitigation and construction requirements, the CONSULTANT will prepare preliminary layouts and cost estimates for the most promising concepts for improving the existing river outfall. With this information, a decision will then be made as to the most promising outfall concept. This outfall concept will then be developed with more detailed layout drawings and sketches for preliminary review with the approval agencies. 5. Final Agency Coordination and Approval: The CONSULTANT will arrange a final agency input meeting to review the most promising outfall improvement concept. This agency coordination meeting would include Corps of Engineers, US Fish and Wildlife Services, Idaho Fish and Game, DEQ, and EP A. The final definition of all permitting, environmental, and river water quality issues would be flushed out as part of this meeting in preparation Allach menl A - 02-150 2 41~ !ill~1g,li CITY OF MERIDIA. BOISE RIVER OUTFALL IMPROVEMENTS - ATTACHMENT A APRIL 2002 for a Corps 404 Permit for actual construction of the recommended facilities. 6. Predesign Report: The CONSULTANT will prepare a letter report summarizing the steps that need to be taken to implement the new river outfall improvements and detailing the sketches and estimate of most probable cost for the preferred outfall concept improvements. This predesign letter report will outline the pe:nnits required, and will outline the need for any environmental assessments, river mixing zone analyses, and other specific construction constraints that may be required before a final Corps 404 Pe:nnit for actual construction could be issued. This predesign report will, therefore, define how the OWNER should proceed, and will be the basis, then, for developing an engineering budget for final Corps 404 Permit submittal, final plans and specification preparation, and for any other required environmental or water quality studies. DESIGN/CONSTRUCTION SERVICES The scope of work for design and construction engineering services will be developed and will include actual permit preparation, environmental assessments, river mixing zone analyses, and other items as required by DEQ and the Corps of Engineers, after the predesign report has been completed and agency input and reviews have been obtained. Attachment A - 02-150 3 4E=>> ~~J&1!. CITY OF MERIDIl BOISE RIVER OUTFAL..L IMPROVEMENTS - ATTACHMENT B APRIL 2002 CONSULTANT COMPENSATION Predesignl Agency Coordination The CONSULTANT will be compensated on an hourly rate basis according to the attached billing rate schedule for each hour each employee works on the project. The following budget will not be exceeded without prior authorization by the OWNER. The budget for the Predesignl Agency Coordination services shall not exceed Fourteen Thousand Dollars ($14.000.00). Any other predesign and agency coordination services that have not been defined in Attachment A, will be provide by the CONSULTANT on an hourly rate basis as requested in writing by the OWNER. Design/Construction Services Compensation for design and construction services for this project will be negotiated after the Predesign Report and Agency Coordination tasks have been completed. and an actual scope of work for design and construction services can be defined. Notice to Proceed The CONSULTANT will proceed once the CONSULTANT has received authorization to proceed through a singed contract. The CONSULTANT shall then immediately schedule a field walk-through and predesign meeting with the OWNER. and will then proceed as expeditiously as possible with the Predesign/ Agency Coordination tasks as outlined in Attachment A. It is anticipated that this predesign phase could be completed within 60 days, depending upon the availability of agency representatives. Basis of Payment The OWNER will be invoiced on. or before. the fourth of each month for the total amount of work completed in the previous month. The amount invoiced shall reflect the percentage of the job that is complete, and shall reflect actual hours worked for the hourly rate pay items as set forth in the scope of work and compensation sections. Payment shall be made by the OWNER to CONSULTANT within 30 days of the date of the invoice. At[achment B - 02.150 CI~ ~!->1~li CONSULTANT COMPENSATION CITY OF MERIDIA BOISE RIVER OUTFA.LLIMPROVEMENTS - ATTACHMENT B APRIL 2002 KELLER ASSOCIATES, INC. TITLE CODE BILLING RATES Januarv 1,2002 Personnel Hourly Rate Principal: Jim Keller, P.E. $113.00 Project Managers: Rod J. Linja, P.E. $107.00 Dennis M. Suihkonen, P.E. $107.00 Susan Burnham, P.E. $98.00 Chief Engineer: David R. Kinzer, P.E. $107.00 Project Engineers: Donn Carnahan, P .E. $81.00 James P. Mullen, P.E. $81.00 Ryan Adelman, P.E. $71.00 Bryan R. Phinney, P.E. $71.00 Mike Anderson, E.I.T. $62.00 James Bledsoe, E.I.T. $62.00 Ross K. Erickson, E.LT. $62.00 Grant Sanders, E.LT. $62.00 Marla Vik, E.I.T. $62.00 Designers: Ian Crane $53.00 Alan Jones $53.00 Technicians/ $48.00 Inspection: Drafting: $45.00 Clerical: $40.00 Two-Man $85.00 Survey Crew: Three-Man $105.00 Survey Crew: Mileage Cost: $O.31/mile AHachmem B - 02-150 2 4~~ May 3, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Approve Bills: May 7, 2002 ITEM NO. 3-AJ AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE 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: Contacted: COMMENTS ~ JJfro Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. May 3, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING May 7, 2002 ITEM NO. 'i.- j) - / APPLICANT Planning & Zoning Department REQUEST Ada County Development Services File No. 02-12-CU / 02-09-MSP -- Christian Family Matters 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: NAMP A MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached vrr if~ ~J (;. rJ?:n~J r~(,~~rr'}J {jff!- Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. . PLA1\TNING ADA COUNTY ( DEVELOPMENT SERVICES PHONE (208) 287-7900 FAX (208) 287-7909 BUILDING . ENGINEERING 200 W. FRONT, BOISE, IDAHO 83702-7300 ZONING . DATE: April 9, 2002 TO: Ada County _X_Assessor _X_Building Pi vision _X_Engineer Long Range Planning Parks Dept./Donna Griffin G.I.S. solid Waste Mgmt./Dave Neal _X_EMS Pest Extermination C5ther Agencies _x __Ada County Highway Pist:dct _X_COMPASS _X_Central District Health Boise Ai~ort Director -----Boise Planning & Zoning/Hal Simmons Boise Public Works/Ivan Butterfield _____Bureau of Reclamation X Boise project Board of Control X Nampa-Meridian Irrigation District _____Drainage District _____Sewer District _X_Natural Resource Conservation Servo _X_Dept. of Environmental Quality _X_Dept. of Water ResouX'ces _X_Ada Co. Sheriff - Capta.in Raney FROM: Mark A. Perfect, Planner II RECEIVED APR 1 5 2002, Utilities _X_Idaho PoweX' __X_Intermountain Gas __X__Qwest __X__United Water Co. Cambridge ~elephone Co. Cable One/Garret Edwards City of lVleridil..'!B City Clerk Of1'1Cf __X__Meridian Fire District _____ B.1I:eau of Land. M3nagatEnt Boise Fire Department Boise Subdivisions/Craig Hood ______Chevron pipeline Northwest Pipeline ITD District #3 Planner ~IdahO Transportation Dept. - Environmental LX~CityofMeridian . U.~~ Post Office Neighborhood Assn. ID Humane Society ------Ada County Free Library Tim Breuer - Ridge to Rivers Coordinator RE: 02-12-CU/02-09-MSP PENFIELD FAMILY TRUST - CHRISTIAN FAMILY MATTERS The Ada County Planning and Zoning Conunission will hold a public hearing on May 23, 2002, beginning at 6:00 p.m. in the Commissioners Main Hearing Room #1147, on the first floor, 200 W. Front Street, Boise, ill, on the following application: 02-12-CU/02.09-MSP PENFIELD FAMILY TRUST - CHRISTIAN FAMll.S MATTERS: A Conditional Use Penn it and Master Site Plan for outdoor church services and the conversion of an existing barn into an indoor church. The property contains 4.68 acres and is located at 1345 W. Overland Road, Boise, ID; Section 24, T. 3N., R. 1 W. Ada County welcomes any comments you may have on this application. Please submit your comments on agency letterhead, by April 26, 2002. Make specific reference to the file number noted above. If you do not respond, Ada County shall consider you as having no comments on this application. ATTACHMENTS: 1. Land Use Application 2. Applicant's Statement 3. Site Plan 4. Vicinity Map Co'nditiona11'~e WWW..adaweb.net ] (208) 364-2277 ADA COUNTY DEVELOPlYlENI SERVICES, 650 Main Street, Boise, Idaho 83702 SUBMITTALS: 1. ~ Detailed letter by the applicant. Explain how the proj ect was designed 2. ~ Master Site Plan (MSP) application. Unless specifically exemptUIlder Section 8-4E-2B. 3. 0 Plot plan ifMSP notrequired. One.full size, scaled drawing and one reduced to 8 W'xll", Show, existing and proposed structures. 4. t2f Supplemental information, as applicable. See checklist. 5. g'Parcel map. Available from the Assessor's office on the 4dJ. floor of the Countybuildfug. 6. 0 Neighborhood meeting certification. Neigbborhood meeting required prior to submittal. 7. ~ Warranty deed or evidence of proprietary interest 8. lZJ Proper fee. Any amount over $400 must be c~ cashier's check or money order. !~ E~' , ~.r:;;.r,: f)At.-,ot., &~t-VJ ) Zomng: "R \it GE.1'ffiRAL INFOffirolATJON: (answer as applicable) Proposed use(s): '=- h.'-'<4. t-ir... ! VVl,..tl-\-~: fA-M: \ 1 Hours of operation: S"'-<e... v\.f/iJ.Lk.d. (~'t't-e.,-,... Proposed number of parking spaces.: ~ D Maximum number of parrons expected: j, l-t.f Sewa",<Te clispo~at ,mUIIicipal sew~~~ G'i-6P"") 5...'f'"h"c.. 1 "P....~(e... , . [)~.h;.. SITE INFORMATION: Location: Quarter: ~ Yl.{ Section: , L- 4 Subdi ., N tLJ. - VlSlOn ame: Sire Address: DJ.f,,~ W<l.st- o\1~ La".ill 1?.<o~ Tax Parcel Number(s): S- t '), ')..l{7-'2 ~Lq () OWNER: Name: 'Pe.,..; ~~ odd. (-AJlo\..~\";( llL'-l si- , Address: \'"'3 Ll S- w. f) V 'tJ\..ll4i Q R.&, City: \^'\~^..&o-'...;,) Stare: -::kl.. Zip: ~~61' 2.. Telephone: rn:'i'5""-0'9.6~ Fax: I consent to this .application and allow Development Services staff to enter the propeny for site inspections related to this application. ~ 71, ~~ Signanrre: wner) <r)) l~kL '5,".' ;>.oJ ft.+-/-"<- 01";:> l.....NJ"t-) ;;4th ?- I Date ~ 1<;,(-.:)"- CD #: MSP#: 9/17101 . , '. Total square feet of all proposed structures: N ( }~- Days of operation: ;)vlj~ (MtS. G.,tu.\.':'1S- ,ANd- S'^'~~ Number of employees during largest shift /2,e<;,.~T'" ~""'I.( Will there be an outdoor speaker system? '--/.e... (. r Water: municipal supply I community well&diYldual w~ l\.>,)t> woll\..S:. Township: ~ rJ. fumge: \ \ ,J Lot: Area of City Impact Total Acres: ..!:J ,6~ Block: IlA e.. rLl.'c),...;.,) ~a~/w ~ Signature: (~)(o .~ ) ~. ;)wdtfj ~ ~ :5'\c;NA+u/1..Y... CAPP\.(Jl.Nt-) ~/ Jou; . / Date j/~ Building Permit? Dare: Stamped: Fee: R=\CURRENT PlANNING\T=1alcs & Mes=llID1llicarion masterS\Cond.i1ional Usc.do<. I Master Site Pl~_~l ADA COUNTY DEVELOPMENT SEJl, _-:E.S, 650 Main Street, Boise, Idaho 83702 "WWW.adaweb.netl(208) 364-2277 SUBMITTALS as required by'Section 84E of the Ada County Code. 1. lZi Detailed letter by the applicant. Describe the proposed development. 2. [$ Parcel map. Available from the Assessor's office on the 4th floor of the County building. 3. IfJ A set offull size, scaled drawings of the following infonnation: [2f Plot plan. Include one :opy reduced to 8 Yz" :x: 11". o Building elevations. cB Natural features analysis. I IZi Landscape and screening plan. m Parking plan. o Lighting plan. o Sign Plan. Include if any signs are proposed.. 4. L;l1 Supplemental information, as applicable. See checklist. 5. m Warranty deed or evidence of proprietary imerest 6. L$l Proper fee. .Any amOlmt over $400 must be cash, cashier's check or money order. GENERAL INFORMATION: Proposed use(s): Ck~.1K..1A.. ( J"'o.'..l t-h FA,M.~l~ Hours of operation: 5~~ A~& L;a. tt~ , Proposed number of parking spaces: ~V M~um l.lUfIlber ofparrons expected.: "'J- 7 i-( t:~lD-n4 &eS:'Tt'c... r?...."'~'7>'<L SMi-t-A-p",A O:N t-rS , SITE INFORMATION: Location: Quarter: ~ Y'I /l/VV Subdivision Name: . Site Address: \ ~ liS- t~ t{,r- {}V 4<..LMo. (2,A Tax Parcel Number(s): "5' ( ').... '2-i{2- 2.. "3)..9 0 Total square feet of all proposed strucmres: 10 \.,<1-. Days of operation: 5u....k.~\.\.. \ ~~ ~Vf'....:>,..;;"1,) ~~-'ru.~ Number of employees during largest shi:ft;Qe.4.~d- C~lkrLC Will there be an outdoor speaker system? Y~5 \W Total Acres: J-j,G8 Block: 1U'<.r1-j)?/~ 3tf Section: ?J.( Township: Range: Lot Area of City Impact: Zoning: i< ui APPLICANT:' .J),,J 0Je.~, N_JltriJd-NJ M#/'/.., 1!;!;r /..J11 c ' Address:;!lIc JY-l 1~I;t'tJ . 'at-( (t ~. City: $/lJ. fe-State: ~ ' Zip: f'J~;))' Telephone:U/~...3.bi-'- (:In Fax:.(""?Of6YJ6b- r 62- " OWNER; Name: ?~ .hdJ ~ LLt /A..v$-r Address: L~4'f) LoJ, 1.)Uf:'o'LIA<Jcb 12d... City: 1...tl.;e:f\..o..cC.~,~ State: -x..o Zip: <?'36'(L Telephone: 'if9-.c;:..e,96~- Fax: I consent to this application and allow Development Services staff I certi.1Y this information is correct to the best of my knowledge. to enter the property for site inspections related to this application. ~ t '-f, (S.-n/~ Signature: (~er) (~Ld S;)tV~ C;;'PI't;?C:Y) o/uloy I A!?Uffl' ~ Signarore: (~t)' CaVo'N"'-<l-} ~;hp Date 2 Date 3~r02- OFFICE USE ONLY File No.:O 1.-- 04 -fYl Received By: , X-Ref:: 01.--- I 2--- Cd Hisrory Map: 9/17/01 Building pe Y Qb #: Date: / Log: Stamped: Fee: R:\CURRENT PLANNING\TemolllIeS & Masrets\aonlication masters\Masttr Site Plan. doc Susan Wildwood, Chartered Attorney~At-Law Post Office Box 6502 Boise,ID 83707 Office (208) 383-0390 Fax (208) 343-3756 April 5, 2002 Ada County Planning and Zoning Commission 200 West Front Street Boise, ill, 83702 RE: Application for Conditional Use Pennit in the NE 14 , Section 24 T 3 N, R 1 W, Boise Meridian, Ada COlnty Commonly known as 1345 Overland RJad,.Aeridian, Idaho by Don Weber/Christian Family Matter~, hll'. RELnr:IV[:: ,. J_~";..'"".W' APR 0 5 2002 Wft; COUNTY DEVELOPMENT 8ENVICES Dear Conunissioners, I am the representative for Mr. Don Weber and Christian Family Matters, Inc. (hereinafter collectively Weber). This Letter of Intent is written on their behalf supporting their request for a conditional use permit to conduct a bible fellowship on the above referenced Property (property), Ownership: The Penfield Family Trust owns The Property. A copy of the Penfield Trust deed is attached as Exhibit 1. The Trustees for the Trust are Boyd E. and Dawn Penfield. A copy of the Trust is attached as Exhibit 2. The Propelty is being sold under contract to Mr. Don Weber who in turn will be leasing it to Christian Family Matters, Inc. The Penfield's have executed a letter of consent for the application, the original of which is attached as Exhibit 3. Penfields have also executed the applications for the conditional use pennit and the master site plan. Description and Location of Property: The Propert'j consists of approximately four and two-thirds (4.68) acres. It is located on the south side of Ove. land Road approximately O.2s of a mile east of Linder Road. Its location and present configuration are illustrated in the Property Address Exhibit, attached as both a full-scale drawing and a reduced 8 1;2 x 11. Exhibit 4 also includes a copy of the vicinity map provided by Ada County Staff. The parcel is relatively flat and slopes gradually from north to south. The Property presently contains the existing residence, associated garage and a barn. There is a pond in fl.-ont of the residence and tlle bulk of the ground lies between the residence and Overland Road as illustrated on Exhibit 4. Exhibit 4 also includes aerial photo photographs of the Property with its location and configuration marked :in yellow. Proposed Uses: Weber proposes to use the Pronel1y for a bible-fellowship as outlined in the letter from Mr. Dana A1mstrong, Board of Director) Ct 'istian Family Matters, Inc., attached as Exhibit 5. The fellowship would meet out of doors in the rear of the Property during good weather. The April 5, 2002 Page 2 general location of the outdoor fellowship is illustrated on the site plan. If the church use is approved, Weber would apply for a building penuit to improve the existing bam so that the fellowship could utilize it during inclement weather. There would be no use of the existing septic system by the fellowship without complying with any requirements for upgrading the system required by Central District Health. Rather, as outlined below in Domestic Water and Sewer/Central District Health, the fellowship would utilize portable sanitation units for sewage disposaL No pressurized water would be provided to the bam as per the requirements of Central District Health. In addition, as outlined the Mr. Armstrong's letter, a caretaker family and youth leadership individuals would utilize the residence and provide maintenance of the property as well as utilize the current set-up for community gardening and livestock projects, fitting well with the existing use of the Property. This group would fit into the definition of Family as provided in (B), that is and residence would be utilized as a single unit with not more than 10 unrelated people. Zoning/City of Meridian Impact Area: The Property is currently zoned Ada County-RUT. A bible- fellowship (church) would require a conditional use pennit. The Property is located in the City of Meridian Impact Area, immediately south of the City limits, which is Overland Road. The property immediately to the north on Overland Road is currently zoned City of Meridian Industrial. The present comprehensive plan designation for the Property is single-family residential (units per acre are not specified according to staff at the City of Meridian). According to Meridian Staff, the City of Meridian is revising its comprehensive pIal' and,:m the proposed new comprehensive plan map, projects the use of this Property as medium density residential (3-8 DU per acre densities) and would anow zoning designations ranging from LZ-3 to R-8. R-8 would allow multi-family residential. The intersection of Linder Road and Overland (approximately ]/4 mile west) is projected as neighborhood commercial. Churches are permitted by conditional use permit in R-8 and R -15 zones. Weber previously contacted the City of Meridian regarding aimexation into the City. However, City Staff did not feel at that time that annexation would be approved because municipal sewer and water would not be available in the near future. Presently, the closest sewer and water is at the Western Electronics facility, but is serviced by a lift station that is at a higher elevation than the Property. Schools: The Property is located within the Meridian School District. There should be minimal impact on the schools from the use as a bible fellowship with the associated residential use. Domestic Water and Sewer/Southwest District .dea~:h: Until annexation or sewer/water availability, the Property would continue to be served by indivic ml domestic well and septic system. Individual wells and septic systems are typical for the area. Weber contacted Southwest District Health Department regarding the proposed use for the bible fellowship and were provided with a letter indicating approval of the proposed "portable sanitation units for sewage disposal. See Exhibit 6. Weber will have the portable sanitation units serviced weekly to avoid any problems with odors or insects. RECEI\!Fn APR 0 5 2002 1,[;;4 COu"m OEVELOPlvlEJn 2EilV)OES April 5, 2002 Page 3 Commercial Activities: There are presently no ommercial activities being performed on the Property. Access! ACHD: The access to the Property is from Overland Road utilizing a shared thirty (30) foot apron. Weber met with ACHD to review the site as sho\\o11 in Exhibit 4. ACHD indicated tl1at it could not provide a letter at this time, but that any concerns that it would have would be addressed if Weber would agree to dedicate additional right of way along Overland, construct a concrete sidewalk along Overland and pave the shared apron with asphalt. Weber concurs with these requirements and anticipates that the County will receive a letter indicating such requirements from ACHD. The requested improvements are illustrated in Exhibit 4. Irrigation and Drainage: There will be no change in the current irrigation and drainage. The property has two (2) wells and owns surface water shares from Nampa-Meridian Irrigation District for 4.59 acres. As noted above, the total acreage of the Property is 4.68 acres. One of the wells may be used in the future for fire suppression until such time as municipal water is available fTOm the City of Meridian. Utilities: Utilities are already provided to the Property. Fire District Approval: Weber also met with Assistant Chief Joe Silva at the Meridian Fire District regarding review and approval of emergency access. Chief Silva requested that the existing roadway be widened and additional parking be provided. He reviewed the proposed engine "turnaround" (actually a hammerhead) and indicated his verbal approval. In addition, he concUlTed with the emergency vehicle use of the existing circular drive to the immediate nOlih of the residence. His requests are reflected on Exhibit 4. It is Weber's understanding that Meridian will provide a letter regarding emergency access approval. Traffic: There should be no impact to existing uses and property values. The present residential use would continue as would the gardening and small a~reage livestock projects compatible with the existing neighboring properties. The property immediately to the north is zoned industrial and Overland Road is will be widened to accommod.l~e increased industrial traffic. ACHD had no concerns about the projected traffic associated witt the fellowship. As noted in Mr. Annstrong's letter, there will be an average of fifty (50) to sixty (60) automobiles parked on the property in approved parking areas once a week or in association with special events. This Property could be developed with up to eight (8) dwellings per acre with approximately ten (10) vehicle trips a day associated with such a development, the highest number of vehicle trips per day associated with the fellowship [one day a week at 50-60 automobiles x 2 (entry and exit) or 120 trips maximum] would be less than the vehicle traffic associated with new residential development. Neighborhood Meeting: A neighborhood meeting was held Saturday, March 16 at the Property. County Staff provided the names of the respective neighbors who were notified by mail. A copy of the address list and the letter provided to the neighbors is attached as Exhibit 7. The cetiification has already been provided to the County, Conclusion: The request for a conditional use permit for the use of the Property for the biq\e E C E ! V E 0 ',' APR U 5 2002 AD!'. C('Ji.;TY DEVELOF:&JiT S[:RVICES April 5, 2002 Page 4 fellowship would not be in conflict with either Ada County or Meridian's Comprehensive Plan. There will be no unreasonable burden posed on public services and the project will be funded with private money. There will be no injury to adjacent property and the proposed use is not in conflict with the existing neighborhood, Mr. Weber and Christian Family Matters, Inc. respectfully request your approval of this application. ve;r truly yours, ., ;<J{U~tAl tUJl;iw()rt~f Susan Wildwood Enclosures cc: Mr. and Mrs. Penfield; Mr. Don Weber, Mr. Dana Armstrong. RECEIVED APR U 5 2002 l~Df:., COUf..lTY DEvaOPMENT ;:::2Fi'/ICES February 23,2002 Ada County Development Services 200 West Front Street Boise, ID 83702 Dear Ada County Development Christian Family Matters, Inc. is a not-far-profit Church organization functioning in the greater Treasure Valley area with an interest in the property at 1345 W. Overland, Meridian, ID, We feel that this nearly 5 acres would be ideally suited for the carrying out of some of our goals. On the back (south) end of the property, in the secluded lawn area, Christian Family Matters, Inc. would like to conduct a weekly Sunday AM Outdoor Bible Fellowship. We have found that we can successfully meet outdoors from approximately May 1 to November 1 most years. We would like to bring the existing barn, also located on the south end ofthe property, up to code in order to be able to conduct our Sunday AM Bible Fellowship within the barn during the winter months, which would be approximately November I to May I most years. Presently about 100-120 people attend our Sunday AM Fellowship and travel to and from the fellowship in 50-60 automobiles. There is ample parking space to adequately handle our parking needs located directly in front (north) of the home and around and south of the barn. Obviously, this volume of parking would occur normally one time per week, Sundays, generally from around 9:00 AM to around 1 :00 PM. Until it becomes available to hook up to city sewer we would like to station Porta-Johns behind the barn in order to provide restroom facilities for the Sunday AM Fellowships and for other occasions when people might gather on the property. This way we will not impact the septic system or the water wells any more than their present intended use. When it becomes available to hook up to city sewer we would plan to hook up and, afterwards, provide formal restrooms in or near the barn. We would like to assign a family of caretakers to live in the home located on the property, This family would be composed of people from our own fellowship and would oversee the property's use and watch over the property. We would also like to house several young people personally selected as a part of our Leadership Training Program to live in the attached apartment. Together with the caretakers, these Leadership Trainees would be responsible for maintenance indoors and out, organizing before fellowship EXHIBIT 5 CHRISTIAN FAMILY MATTERS, INC. II PMB 34711 10400 OVERLAND RD. II BOISE, IDAHO 83709-1449 l!il USA '8." (208) 362-6358 II FAX (208) 362-8626 Ada County Development Services February 23, 2002 Page 2 meetings, hosting fellowship meetings, coordinating yard and garden work and general upkeep, On the front end (north) of the property, we would like to utilize the land for some community gardening and live stock projects. The property is ideally suited to teach how God provides by way of the land as well as to teach healthy work principles and stewardship principles. Thank you for your consideration. Jf!?:? Dana O. An11Str~ng Director CHRISTIAN FAMILY MATTERS, INC." PMB 347 II 10400 OVERLAND RD. .. BOISE, IDAHO 83709-144911 USA 'Z' (208) 362-6358 III FAX (208) 362-8626 ii <> c.: -:-,,~ ~ - .. 0 ~g_'~u,,=__;;=:,__,,_ :. ." r " 1 ..qo.. . 'Et. 8<: 0._ e. "'~ '~~ "'" 1loii' ~d ~==~ .; 'l~ ~ -7:TfT/-rrn I. 1. i : llil .( "'" I i 1 I I ! L 0: 0: - 0: 0: @ ~ Ie 0;' ~ @~I ". oj l!!;~ a' @ E . e .n: ! Jl ~ ~i:~~_.i! ~\tnJJ ~! ,!:l iJ ~ ,13 I~~"'-'" ~ I ..~~'" d"''' . 0 b1~:..~r3 --- ~~, ~.- ~ j'f ~ ~ - '0' <0 .., @ ~ l~ ~I~: f! Ig: $ ~ , 0 t .~ .;j I: 01 ," i:: r---;~---~.:. .00i:' I j t -:~-1~ I ~._._-~. 0' J' J 'o! I . ~)i 'I ~ C} .l ~ .1 'o! _ ~ ~] ~ Ii I..:. _ ~ --, ~h;- ,0, lii J'~ ~ . l~l.~g L D; ''"'., 'j1f 'aol \'-........ ". '.~ 'j i -~ '.,~ "', I ~~: ~J '~.' IOi -.. .. I ~ '''ji -.J "' 1: .0 ,Z l I ,~ a ,0. 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F ; .1 i ~ .:oL,' :~ :1 ;~ ~ ~ I e .~ .... - tn . 00 yr- I. .h - tn ~ 1 ~ \. ~ ~ ~ ~ t .~ ("'0() '---- (/) Ul 0 0 c-...l :> l.ll = ~ffi = > c-.... 2(J) ;:)1- en OZ LLl 0::=> 0~l,! <\":.2:; 0 a::: de... ."..0 IJ..l 0- ". -l <( W a;. > ill 0 I I ITYM p RUT RUT R T RUT R T 1000 o 1000 2000 Feet ADA COUNTY DEVELOPMENT SERVICES 200 W Front Street Boise ID 83702 (208)287-7900 Areas of City Impact Streets N W*E I.......................... ..1 City Limits o Zoning N Rivers, Canals, Etc, D Airport Influence Areas s This map is made from data copyrighted by Ada County, Ada County shall not be liable for inaccuracies or misuse of this map. Maps bearing this disclaimer may be photocopied freely. However, use in any digital form requires the written permission of Ada County, ( May 3, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING May 7, 2002 APPLICANT Planning & Zoning Department ITEM NO. I-II - J- REQUEST Award of Contract to Develop Design Standards for Urban Renewal Area, McKibben & Cooper Architects: 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 HJGHW A Y DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached rh() \)W O/f~ I v Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. PERSONAL SERVICES CONTRACT AGREEMENT Project: Downtown Design Standards Project @@~u Service Provider (SP): McKibben & Cooper, Architects 515 W. Hays St. Boise,ID 83702 (208) 343-7851 ECEIVE Contractor: Meridian Planning & Zoning 660 Watertower Lane, Suite 202 Meridian, Idaho 83642 (208) 884-5533 MAY - 2 2002 CITY OF MERIDIAN CITY CLERK OFFICE WITNESSETH, that the parties hereto for the consideration herein named, do mutually agree as follows: 1. STATEMENT OF WORK: The SP shall perform the work described herein for the consideration stipulated. SERVICES TO BE PROVIDED: Preparation of Downtown Design Standards for the Meridian Planning & Zoning Dept. as more fully set out in Attachment A. ESTIMATED PROJECT DURATION: To be completed by December 31,2002. 2. SCOPE OF SERVICES: SP shall undertake the services identified above and in the attached work plan in such a manner that the above activities can be completed in a timely manner. 3. AMOUNT OF CONTRACT: In an estimated amount of: Not To Exceed $13,000 without specific written approval of Agency. A. Agency shall pay SP for such services: (check one) Hourly: $ per hour, plus actual expenses, but not more than a total of$ a total amount of$ An amount not to exceed $12,500 for all services performed, per the hourly rates shown in Attachment A, page 3; and $500 for all expenses incurred under this Agreement. Fixed Sum: XX Other: B. SP shall maintain time and expense records and provide them to the Agency monthly, along with monthly invoices in a format acceptable to the Agency for work performed to the date of the invoice. - 1 - (Meridian URA ~ Personal Services Cnnlract) C. All invoices shall be paid by mailing an Agency check within 60 days of receipt of a proper invoice. O. SP shall keep cost records and accounts pertammg to this Agreement available for inspection by Agency representatives for three (3) years after fmal payment. Copies shall be made available upon request. E. If the services rendered do not meet the requirements of the Agreement, SP will correct or modify the work to comply with the Agreement. Agency may withhold payment for such work until the work meets the requirements 0 f the Agreement. 4. TERM OF CONTRACT: The work to be performed under this contract shall commence in April, 2002, with a working draft to be provided by May 31, 2002, and shall continue no later than December 31, 2002, unless sooner terminated as herein provided, or extended as mutually agreeable. 5. NOTICES: Any and all notices required to be given be either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: Agency Address: 33 East 1 dabo Street Meridian, 10 83642 Service Provider: McKibben & Cooper, Architects 515 W. Hays 8t. Boise, 10 83702 6. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 7. ASSIGNMENT: It is expressly agreed and understood by the parties hereto, that SP shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of Agency. 8. OISCRIMINA TION PROHIBITED: In performing the Services required herein, SP shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or physical handicap. Violation of this paragraph 8 shall be a material breach of this Agreement and grounds for - 2 - (Meridi". URA IEberle Perro.a! Serviees COnlrael) cancellation, termination or suspension ofthe Agreement by Agency, in whole or in part, and may result in ineligibility for further work for Agency. 9. COMPLIANCE WITH LAWS: In performing the scope of services required hereunder, SP shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 10. CHANGES: Agency may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the SP's compensation, which are mutually agreed upon by and between the Agency and the SP, shall be incorporated in written amendments to this Agreement. I I. TERMINATION FOR CAUSE: If, through any cause, the SP shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the SP shall violate any of the covenants, agreements, or stipulations of this Agreement, the Agency shall thereupon have the right to terminate this Agreement by giving written notice to the SP of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. If this agreement is terminated for cause SP shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the SP shall not be relieved of liability to the Agency for damages sustained by the Agency by virtue of any breach of this Agreement by the SP, and the Agency may withhold any payments to the SP for the purpose of set-off until such time as the exact amount of damages due the Agency from the SP is determined. 12. TERMINATION FOR CONVENIENCE OF AGENCY: The Agency may terminate this Agreement at any time by giving at least fifteen (15) days notice in writing to the SP. If the Agreement is terminated by the Agency as provided herein, SP will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of SP covered by this Agreement, less payment of compensation previously made. 13. RENEWAL: This agreement may be renewed, at the existing rate, upon mutual agreement by both parties. Agency makes no commitment and assumes no obligations for the support ofSP's activities except as set forth in this Agreement. 14. ENTIRE AGREEMENT: this Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 15. APPLICABLE LAW: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State ofIdaho. - 3 - (Meridian URA\Eberle Person;\! SelVlcesConlract) 16. INDEMNIFICATION: SP shall indemnify and save and hold harmless the Agency from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by SP, except for loss or damage caused by intentional acts or gross negligence of Agency, or its employees, or agents. 17. INDEPENDENT CONTRACTOR STATUS: This agreement shall not be construed to create any employer-employee relationship between Agency and SP, the purpose of this agreement is to create an independent contractor status. 18. OWNERSHIP OF WORK PRODUCT: All data, materials, reports, memoranda and other documents developed under this Agreement whether finished or not shall become the property of Agency, shall be forwarded to Agency at its request and may be used by Agency as it sees fit. Agency agrees that if it uses products prepared by SP for purposes other than those intended in this Agreement, it does so at its sole risk and it agrees to hold SP harmless therefore. SP acknowledges that the work product will be contained within documents considered public records and Agency may disclose such work product as it deems appropriate and necessary. 19. GENERAL ADMINISTRATION AND MANAGEMENT: The Executive Director of Agency, or his/her designee, shall be Agency's representative, and shall oversee and approve all services to be performed, coordinate all communications, and review and approve all invoices, under this Agreement. 20. AMENDMENTS: This Agreement may be amended only in writing, upon mutual agreement of both Agency and SP. Agency and SP agree to consider such an amendment for the purpose of outlining the specific responsibilities of any purchase of media advertising or similar medium. IN WITNESS WHEREOF, the Agency and the SP have executed this Agreement as of the date first above written. APPROVED BY: CITY OF MERIDIAN: SERVICE PROVIDER: Mayor Robert D. Corrie ~.~ ~~(c.; 0L-;v- ~ 1.b. o-t-- Sherry McK bben, Principal McKibben & Cooper, Architects ATTESTED BY: William G. Berg City Clerk - 4- A IT ACHMENT A, Page ~\~ Description of Meridian Downtown Design Standards' Scope and Content Design Standards The proposed scope of work includes the meeting and review schedule on the next page (subject to your ability to meet), review documents included therein, and the Final Design Standards Document. The Design Standards will be written in a format with numerical ordering for easy reference. The language will be simple, efficient, and as precise as possible. Definitions will be included, either in a separate section or within each applicable section, depending on whether there will be multiple usage. Illustrations will be efficiently included; we will seek those in the public domain first to reduce cost. We do not intend the Design Standards to be a promotional tool for the District, but a regulating tool, which sets minimum standards. We propose to begin with the table of contents below, realizing that it may change through the process. Table of Contents Introduction Map of district and sub~districts, as applicable Sub-district Standards, including: FAR Setbacks and Building Orientation Building Height and Form Fayade Treatment, Entrances Building Materials Pedestrian Pathways Streetscape Design Landscaping Parking Signage Each section would contain: A. Intent and Purpose B. Applicability C. Standards Page 1 A IT ACHMENT A, Paget ( Proposed Schedule and Work Products 1 Week of April 15 Initial meeting with Meridian City, MDC. Identify and meet with stake holders. Project team gathers information, Work Products Photo survey of existing conditions, rudimentary measurements of existing structures which may provide examples for standards. 2 Week of April 22 Project team continues to collect info and begins analysis; identifies sub- districts, drafts sub-district goals. Work Products Existing conditions for Eligibility Report for Urban Renewal Agency (comparable to Buhl's Eligibility Report). Draft sub-district boundaries map. 3 Week of April 29 Project team presents analysis and sub-district goals for review. Work Products Review meeting comments formalized. 4 Month of May Work Products 5 Week of June 3 Work Products 6 Week of June 10 Work Products 7 Week of July 8 Work Products 8 Week of July 15 Work Products Draft document preparation Working Draft of Design Standards for review by staff prior to MDC/CC Presentation. Working Draft presentation to City officials, MDC on June 4. Project team begins document refinement based on comments. Review meeting comments formalized, Written comments from stake holders due June 11, Project team continues refinement with stake holder written comments. Project team begins final stages of document refinement. Refined Draft of Design Standards. Review meeting comments formalized, Public Open House, July 12 Presentation materials Compile public comments Meet with MDC/P&Z to discuss comments and how to incorporate them, July 17. Make revisions as necessary Work with staff to refine the Zoning Schedule of Use Control in relation to Old Town uses Public comments formalized Final Draft document delivery by July 31 9 August - October Hold Public Hearings with P&Z Commission and City Council Work Products One presentation to P&Z One presentation to City Council 10 November Work Products Make final edits as required by motion of City Council Final Document delivery by November 27 (date subject to final motion of City Council.) Page 2 A IT ACHMENT A, gage Budqet for the Proiect McKibben + Cooper and Planmakers propose a fee of $ 12,500. The following is an estimate of hours based on the above scope of worle Information gathering 40 hours Analysis and goal development_30 hours Preparation of draft document 50 hours Draft document presentation 2x3 hrs Standards refinement 40 hours Final draft preparation 40 hours Public presentation 2 hours TOTAL 208 hours Hourlv rates Sherry McKibben, McKibben + Cooper Architects Support staff, McKibben + Cooper Architects John Bertram, Planmakers Support Staff, Planmakers $60 I hour $25 / hour $70 / hour $25/ hour Reimbursables Reimbursable expenses are not included in our labor fee; they are additional. Reimbursables may include cost of hard and digital copies of maps, historical photos and documents, bond copies of draft documents for review, zip disc of final draft, and mileage at $.32/ mile. These costs are not expected to exceed $500. We will monitor these costs and notify you in a timely fashion before incurring any expenses beyond the $500 estimated maximum. No multiplier will be applied to relmbursables. Final Product Format will be digital and will be conveyed to you through e-mail and on a cd in Microsoft Word format. We propose to provide you with the above described services for a not-to-exceed fee of $12,500 excludino reimbursables. If additional services are required, we would be pleased to provide them for an additional fee and would not proceed without your approval. Page 3 PERSONAL SERVICES CONTRACT AGREEMENT Project: Downtown Design Standards Project Sen'ice Provider (SP): McKibben & Cooper, Architects 515 W. Hays St. Boise, ID 83702 (208) 343-7851 Contractor: Meridian Planning & Zoning 660 Watertower Lane, Suite 202 Meridian, Idaho 83642 (208) 884-5533 WITNESSETH, that the parties hereto for the consideration herein named, do mutually agree as follows: 1. STATEMENT OF WORK: The SP shall perform the work described herein for the consideration stipulated. SERVICES TO BE PROVIDED: Preparation of Downtown Design Standards for the Meridian Planning & Zoning Dept. as more fully set out in Attachment A. ESTIMATED PROJECT DURATION: To be completed by December 31,2002. 2. SCOPE OF SERVICES: SP shall undertake the services identified above and in the attached work plan in such a manner that the above activities can be completed in a timely manner. 3. AMOUNT OF CONTRACT: In an estimated amount of: Not To Exceed $13,000 without specific \'Vfitten approval of Agency. A. Agency shall pay SP for such services: (check one) Hourly: $ per hour, plus actual expenses, but not more than a total of $ a total amount of$ An amount not to exceed $12,500 for all services performed, per the hourly rates shown in Attachment A, page 3; and $500 for all expenses incurred under this Agreement. Fixed Sum: XX Other: B. SP shall maintain time and expense records and provide them to the Agency montWy, along with monthly invoices in a format acceptable to the Agency for work performed to the date of the invoice. - 1 - (Meridi.n URA ~ Personal Services Conlraet) C. All invoices shall be paid by mailing an Agency check within 60 days of receipt of a proper invoice. D. SP shall keep cost records and accounts pertaining to this Agreement available for inspection by Agency representatives for three (3) years after [mal payment. Copies shall be made available upon request. E. If the services rendered do not meet the requirements of the Agreement, SP will correct or modifY the work to comply with the Agreement. Agency may withhold payment for such work until the work meets the requirements 0 f the Agreement. 4. TERM OF CONTRACT: The work to be performed under this contract shall commence in April, 2002, with a working draft to be provided by May 31, 2002, and shall continue no later than December 31, 2002, unless sooner terminated as herein provided, or extended as mutually agreeable. 5. NOTICES: Any and all notices required to be given be either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: Agency Address: 33 East Idaho Street Meridian,ID 83642 Service Provider: McKibben & Cooper, Architects 515 W. Hays St. Boise, ID 83702 6. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 7. ASSIGNMENT: It is expressly agreed and understood by the parties hereto, that SP shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of Agency. 8. DISCRIMINATION PROHmITED: In performing the Services required herein, SP shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or physical handicap. Violation of this paragraph 8 shall be a material breach of this Agreement and grounds for - 2 - (Meridian URA \Eberle Personal Services Contract) cancellation, termination or suspension of the Agreement by Agency, in whole or in part, and may result in ineligibility for further work for Agency. 9. COMPLIANCE WITH LAWS: In performing the scope of services required hereunder, SP shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 10. CHANGES: Agency may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the SP's compensation, which are mutually agreed upon by and between the Agency and the SP, shall be incorporated in written amendments to this Agreement. II. TERMINATION FOR CAUSE: If, through any cause, the SP shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the SP shall violate any of the covenants, agreements, or stipulations of this Agreement, the Agency shall thereupon have the right to terminate this Agreement by giving written notice to the SP of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. If this agreement is terminated for cause SP shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the SP shall not be relieved of liability to the Agency for damages sustained by the Agency by virtue of any breach of this Agreement by the SP, and the Agency may withhold any payments to the SP for the purpose of set-off until such time as the exact amount of damages due the Agency from the SP is determined. 12. TERMINATION FOR CONVENIENCE OF AGENCY: The Agency may terminate this Agreement at any time by giving at least fifteen (15) days notice in writing to the SP. If the Agreement is terminated by the Agency as provided herein, SP will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of SP covered by this Agreement, less payment of compensation previously made. 13. RENEWAL: This agreement may be renewed, at the existing rate, upon mutual agreement by both parties. Agency makes no commitment and assumes no obligations for the support ofSP's activities except as set forth in this Agreement. 14. ENTIRE AGREEMENT: this Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 15. APPLICABLE LAW: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State ofIdaho. - 3 - (Meridian URA \Ebcrle Personal Services Contract) 16. INDEMNIFICATION: SP shall indemnify and save and hold harmless the Agency from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by SP, except for loss or damage caused by intentional acts or gross negligence of Agency, or its employees, or agents. 17. INDEPENDENT CONTRACTOR STA TUS: This agreement shall not be construed to create any employer-employee relationship between Agency and SP, the purpose of this agreement is to create an independent contractor status. 18. OWNERSHIP OF WORK PRODUCT: All data, materials, reports, memoranda and other documents developed under this Agreement whether fmished or not shall become the property of Agency, shall be forwarded to Agency at its request and may be used by Agency as it sees fit. Agency agrees that if it uses products prepared by SP for purposes other than those intended in this Agreement, it does so at its sole risk and it agrees to hold SP harmless therefore. SP acknowledges that the work product will be contained within documents considered public records and Agency may disclose such work product as it deems appropriate and necessary. 19. GENERAL ADMINISTRATION AND MANAGEMENT: The Executive Director of Agency, or his/her designee, shall be Agency's representative, and shall oversee and approve all services to be performed, coordinate all communications, and review and approve all invoices, under this Agreement. 20. AMENDMENTS: This Agreement may be amended only in writing, upon mutual agreement of both Agency and SP. Agency and SP agree to consider such an amendment for the purpose of outlining the specific responsibilities of any purchase of media advertising or similar medium. IN WITNESS WHEREOF, the Agency and the SP have executed this Agreement as of the date first above written. APPROVED BY: SERVICE PROVIDER: 7fN.vv'-..( I'^-,-{C-f" ~ Sherry Mckibben, Principal \\\\llllllll/f//( McKibben & Cooper, Architects \\\ c:: M (// ,\',\..... Or Ell/() //1// " ~ '4.. /... ./' (j cp","POFt.t I':. '1--';~ 2 ~ ~o % 4-" U.o . () c. William G. Berg City Clerk ~ 1",,0. 0)&:: ~. 7-> ('...: :s '\" 0 $ ;/JJprol,/u( 61 e/~ fhtA~ . \()~~","" //111 OUNT'(, "", II( " \\\ /I/!:lt~ j,ll\\\\\ -4- ATTACHMENT A, Pagt ~~L..-- Description of Meridian Downtown Design Standards' Scope and Content Design Standards The proposed scope of work includes the meeting and review schedule on the next page (subject to your ability to meet), review documents included therein, and the Final Design Standards Document. The Design Standards will be written in a format with numerical ordering for easy reference. The language will be simple, efficient, and as precise as possible. Definitions will be included, either in a separate section or within each applicable section, depending on whether there will be multiple usage. Illustrations will be efficiently included; we will seek those in the public domain first to reduce cost. We do not intend the Design Standards to be a promotional tool for the District, but a regulating tool, which sets minimum standards. We propose to begin with the table of contents below, realizing that it may change through the process. Table of Contents Introduction Map of district and sub-districts, as applicable Sub-district Standards, including: FAR Setbacks and Building Orientation Building Height and Form Fa9ade Treatment, Entrances Building Materials Pedestrian Pathways Streetscape Design Landscaping Parking Signage Each section would contain: A. Intent and Purpose B. Applicability C. Standards Page 1 A IT ACHMENT A. Page' Proposed Schedule and Work Products 1 Week of April 15 Initial meeting with Meridian City, MDC. Identify and meet with stake holders. Project team gathers information. Work Products Photo survey of existing conditions, rudimentary measurements of existing structures which may provide examples for standards. 2 Week of April 22 Project team continues to collect info and begins analysis; identifies sub- districts, drafts sub-district goals. Work Products Existing conditions for Eligibility Report for Urban Renewal Agency (comparable to Buhl's Eligibility Report). Draft sub-district boundaries map. 3 Week of April 29 Project team presents analysis and sub-district goals for review. Work Products Review meeting comments formalized. 4 Month of May Work Products 5 Week of June 3 Work Products 6 Week of June 10 Work Products 7 Week of July 8 Work Products Draft document preparation Working Draft of Design Standards for review by staff prior to MDC/CC Presentation. Working Draft presentation to City officials, MDC on June 4. Project team begins document refinement based on comments. Review meeting comments formalized. Written comments from stake holders due June 11. Project team continues refinement with stake holder written comments. Project team begins final stages of document refinement. Refined Draft of Design Standards. Review meeting comments formalized. Public Open House, July 12 Presentation materials Compile public comments Meet with MDC/P&Z to discuss comments and how to incorporate them, July 17. Make revisions as necessary Work with staff to refine the Zoning Schedule of Use Control in relation to Old Town uses Public comments formalized Final Draft document delivery by July 31 9 August- October Hold Public Hearings with P&Z Commission and City Council Work Products One presentation to P&Z One presentation to City Council 8 Week of July 15 Work Products 10 November Work Products Make final edits as required by motion of City Council Final Document delivery by November 27 (date subject to final motion of City Council.) Page 2 ATTACHMENT A, pagL Budget for the Proiect McKibben + Cooper and Planmakers propose a fee of $ 12,500. The following is an estimate of hours based on the above scope of work: Information gathering 40 hours Analysis and goal development_30 hours Preparation of draft document 50 hours Draft document presentation 2x3 hrs Standards refinement 40 hours Final draft preparation 40 hours Public presentation 2 hours TOTAL 208 hours Hourlv rates Sherry McKibben, McKibben + Cooper Architects Support staff, McKibben + Cooper Architects John Bertram, Plan makers Support Staff, Planmakers $60 / hour $25 I hour $70 / hour $25/ hour Reimbursables Reimbursable expenses are not included in our labor fee; they are additional. Reimbursables may include cost of hard and digital copies of maps, historical photos and documents, bond copies of draft documents for review, zip disc of final draft, and mileage at $.32/ mile. These costs are not expected to exceed $500. We will monitor these costs and notify you in a timely fashion before incurring any expenses beyond the $500 estimated maximum. No multiplier will be applied to reimbursables. Final Product Format will be digital and will be conveyed to you through e-mail and on a cd in Microsoft Word format. We propose to provide you with the above described services for a not-to-exceed fee of $12,500 excludinQ reimbursables. If additional services are required, we would be pleased to provide them for an additional fee and would not proceed without your approval. Page 3 May 3, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department May 7, 2002 ITEM NO. L/- g - / REQUEST Water Department Line Item Transfer of Funds -- Water Tower Repainting Project AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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(s) rf)vV' A (if?' "i\., o~ fi"\~ () 00 ' 1f1i l1Jl 0 I o~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. M m RECEIVED To: Mayor Corrie From: Brad Watson, P.E.;r5~tJ cc: File, Gary Smith, PE, City Clerk Date: 5/2/2002 Re: Proposed Agenda Items for May 7 City Council Meeting MAY - 2 2002 CITY OF MERIDIAN CITY CLERK OFFICE The Public Works Department respectfully requests that the following items be placed on the May 7 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Addendum to Aareement for Professional Services ~ South Slouah Sewer Proiect. JUB Enaineers This addendum to the existing agreement authorizes JUB Engineers to add water design to the project throughout Carol's Subdivision and add sewer lines to the culdesacs within that subdivision. The subdivision residents were very vocal during our neighborhood meeting in February about adding these facilities to the project while Leslie Drive, Leslie Way and Justin Place are being tom up for the main sewer trunk construction. The Public Works Department agrees that adding these water and sewer facilities during the South Slough Sewer project makes sense in the long-term. JUB Engineers proposes a lump sum amount of $9,810 in addition to the existing agreement amount of $118,977. The total revised agreement amount would be $128,787. Based on preliminary estimates, current budgets adequately allow for the proposed additions to the project. A copy of the signed addendum is enclosed. Recommended Council Action: approve the addendum to the agreement withJUB Engineers for design of the South Slough Sewer Project on a fixed fee amount of $9,810, and authorize the Mayor to sign and the City Clerk to attest. 2) Aareement for Professional Services - Boise River Outfall. Keller Associates. This agreement authorizes Keller Associates to complete a pre~design study of the Boise River Outfall diffuser facility. The BRO is the secondary discharge point for the Wastewater From the desk of... Brad Watson, P.E. City Engineer Meridian Public WO!ks Department 660 E. Wntertower Lane, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fwc (208) 887-1297 watsonb@ci.meridianidus Treatment Plan that, while infrequently used, must be maintained as a discharge point if the Five Mile Creek discharge point is ever limited due to environmental regulations. Plant personnel are experiencing difficulty with the diffuser as it accumulates sand and silt and is frequently plugged. Due to the sensitivity surrounding the Boise River, this pre-design will include coordination with the Department of Environmental Quality, Department of Water Resources, U.S. Fish & Wildlife, Idaho Fish and Game and E. P.A. to determine what solutions and ultimate design meet with their acceptance. This preliminary scooping will aid us in preparing a more focused and less expensive final design/solution than if we go through the entire study and design first. A copy of the signed agreement is enclosed. Recommended Council Action: approve the agreement with Keller Associates for the preliminary design and agency coordination of the Boise River Outfall pre-design study on a time and material basis, not-to-exceed $14,000, and authorize the Mayor to sign and the City Clerk to attest. 3) South Slouoh Sewer Easement - Jim Kissler. This easement is from Jim Kissler who owns the property on the southeast comer of the Eagle and Ustick Road intersection. This easement was not required for the original review plans but we have slightly modified the alignment to get the sewer from the Eagle Road right~of-way, across Mr. Kissler's property, and into the Ustick Road R.O.W. east of Eagle Road. A copy of the signed permanent and temporary easement is enclosed. Recommended Council Action: Accept the pennanent and temporary construction sewer easement from Jim Kissler and authorize the Mayor to sign and City Clerk to attest the easement. We request that the following items be placed on the May 7 City Council agenda, under Public Works Department Reports, for Council's consideration: 1) .~)k-- Water Department Line Item Transfer. Please refer to Len Grady's memo to me dated 5/2/02. 2) Award of Contract for Elevated (Water) Tank Reoaintino Proiect. Please refer to Len Grady's memo to me dated 5/2102. Thank you. Please contact me if you have any questions regarding any of these items. p~ . Page 2 Me RECEIVED MAY - 2 2002 CITY OF MERIDIAN CITY CLERK OFFICE To: Brad Watson from: Lenard Grady ,10 j cc: Gary 8mith Date: 5/2/2002 Re: Proposed Agenda Items for May 7, 2002 City Council Meeting The Public Works Department respectfully requests the following items be placed on the May 7 City Council agenda, under Department Reports, for Council's consideration: Une Item Transfer of Funds - Water Tower Proiect. Due to the increased bid prices received for the Elevated Tank Repainting Project (see below), we are requesting the transfer of $170,000 from account 60-3410-96147 (Waterline Extensions) to account 60-3410-96111 (Water Tower Upgrade). Remaining budget, as shown in the March 31 budget statement, was $486,158 and $131,801 for accounts 96147 and 96111 respectively. Remaining funds in the Waterline Extensions are sufficient to cover current remaining projects. Additional funds for the Water Tower are required to cover construction costs, engineering costs, and inspection services. Recommended Council Action: Approve the transfer of $170,000 from account 60-3410-96147 (Waterline Extensions) to account 60-3410-96111 (Water Tower Upgrade) to cover the cost of the Elevated Tank Repa inting Project. From the desk of... . Robison-Prezioso $234,050.00 $249,425.00 $375,400.00 Lenam Gl"ady Staff Engineer Meridian Public Works])epartmenl 660 E. Watertower, Suite 200 Meridian, Idaho 83642 Water Tower UpQrade. Three bids were received for the Elevated Tank Recoating Project as shown below: . 8&8 Coatings The Gateway Co. (208) 898-5500 Fax: (208) 887.1297 gradyl@ci.meridianid.us . The engineer's estimate for the project was $209,799.00. References for 8&8, who has the lowest bid, have been favorable. Also, as approved previously by the council, we have . Page 1 entered into a contrad with a certified inspector for day-to-day inspection services. The project is expected to take 80 days from issuance of the Notice to Proceed. Recommended Council Action: The Public Works Department recommends that City Council award the contract for The Elevated Tank Recoating Project to S&S Coatings for the amount of $234,050.00 and authorize the Mayor to sign and the City Clerk to attest the agreement. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 May 3, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING May 7, 2002 APPLICANT Public Works Department ITEM NO. /-/3.... J- REQUEST Tabled from April 23. 2002: Award of Contract for Elevated (Water) Tank Repainting Project AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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 Previous Item Packet See Attached Memo vY ~tf-r Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED MAY - 2 2002 CITY OF MERIDIAN CITY CLERK OFFICE To: Mayor Conie From: Brad Watson, P.E.i5~tJ CC: File, Gary Smith, PE, City Clerk Date: 5/212002 Re: Proposed Agenda Items for May 7 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the May 7 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Addendum to Aareement for Professional Services - South Slouah Sewer Proiect. JUB Enaineers This addendum to the existing agreement authorizes JUB Engineers to add water design to the project throughout Carol's Subdivision and add sewer lines to the culdesacs within that subdivision. The subdivision residents were very vocal during our neighborhood meeting in February about adding these facilities to the project while Leslie Drive, Leslie Way and Justin Place are being tom up for the main sewer trunk construction. The Public Works Department agrees that adding these water and sewer facilities during the South Slough Sewer project makes sense in the long-term. JUB Engineers proposes a lump sum amount of $9,810 in addition to the existing agreement amount of $118,977. The total revised agreement amount would be $128,787. Based on preliminary estimates, current budgets adequately allow for the proposed additions to the project. A copy of the signed addendum is enclosed. Recommended Council Action: approve the addendum to the agreement withJUB Engineers for design of the South Slough Sewer Project on a fixed fee amount of $9,810, and authorize the Mayor to sign and the City Clerk to attest. 2) Aareement for Professional Services - Boise River Outfall. Keller Associates. This agreement authorizes Keller Associates to complete a pre-design study of the Boise River Outfall diffuser facility. The BRO is the secondary discharge point for the Wastewater from the desk of... Brad Watson, P.E. City Engineer Meridian Public WOlks Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 887-t297 watsonb@ci.mcridianidus Treatment Plan that, while infrequently used, must be maintained as a discharge point if the Five Mile Creek discharge point is ever limited due to environmental regulations. Plant personnel are experiencing difficulty with the diffuser as it accumulates sand and silt and is frequently plugged. Due to the sensitivity surrounding the Boise River, this pre~design will include coordination with the Department of Environmental Quality, Department of Water Resources, U.S. Fish & Wildlife, Idaho Fish and Game and E.P.A. to determine what solutions and ultimate design meet with their acceptance. This preliminary scooping will aid us in preparing a more focused and less expensive final design/solution than if we go through the entire study and design first. A copy of the signed agreement is enclosed. Recommended Council Action: approve the agreement with Keller Associates for the preliminary design and agency coordination of the Boise River Outfall pre-design study on a time and material basis, not~to-exceed $14;000, and authorize the Mayor to sign and the City Clerk to attest. 3) South SloUQh Sewer Easement - Jim Kissler. This easement is from Jim Kissler who owns the property on the southeast comer of the Eagle and Ustick Road intersection. This easement was not required for the original review plans but we have slightly modified the alignment to get the sewer from the Eagle Road right-of-way, across Mr. Kissler's property, and into the Ustick Road R.O.W. east of Eagle Road. A copy of the signed permanent and temporary easement is enclosed. Recommended Council Action: Accept the pennanent and temporary construction sewer easement from Jim Kissler and authorize the Mayor to sign and City Clerk to attest the easement. We request that the following items be placed on the May 7 City Council agenda, under Public Works Department Reports, for Council's consideration: 1) Water Department Line Item Transfer. Please refer to Len Grady's memo to me dated 5/2/02. *-2) Award of Contract for Elevated (Water) Tank ReoaintinQ Proiect. Please refer to Len Grady's memo to me dated 5/2/02. Thank you. Please contact me if you have any questions regarding any of these items. ;5~ . Page 2 RECEIVED MAY - 2 2002 CITY OF MERIDIAN CITY CLERK OFFICE To: Brad Watson From: Lenard Grady ,I a }J:.. cc: Gary Smith Date: 5/212002 IRe: Proposed Agenda Items for May 7, 2002 City Council Meeting The Public Works Department respectfully requests the following items be placed on the May 7 City Council agenda, under Department Reports, for Council's consideration: Line Item Transfer of Funds - Water Tower Proiect. Due to the increased bid prices received for the Elevated Tank Repainting Project (see below), we are requesting the transfer of $170,000 from account 60-3410-96147 (Waterline Extensions) to account 60-3410-96111 (Water Tower Upgrade). Remaining budget, as shown in the March 31 budget statement, was $486,158 and $131,801 for accounts 96147 and 96111 respectively. Remaining funds in the Waterline Extensions are sufficient to cover current remaining projects. Additional funds for the Water Tower are required to cover construction costs, engineering costs, and inspection services. Recommended Council Action: Approve the transfer of $170,000 from account 60-3410-96147 (Waterline Extensions) to account 60~3410-96111 (Water Tower Upgrade) to cover the cost of the Elevated Tank Repai nting Project. From the desk of... Water Tower Uporade. Three bids were received for the Elevated Tank Recoating Project as shown below: Q S&S Coatings $234,050.00 $249,425.00 $375,400.00 Unard Grady StalfEngineer Meridian Public Works Department 660 E. Wll1ertower, Suite 200 Meridian, Idaho 83642 CD The Gateway Co. (208) 898.5500 Fax: (208) 887-1297 gradyl@ci.meridian.id.us . Robison-Prezioso The engineer's estimate for the project was $209,799.00. References for S&S, who has the lowest bid, have been favorable. Also, as approved previously by the council, we have e Page 1 entered into a contract with a certified inspector for day-ta-day inspection services. The project is expected to take 80 days from issuance of the Notice to Proceed. Recommended Council Action: The Public Works Department recommends that City Council award the contract for The Elevated Tank Recoating Project to S&S Coatings for the amount of $234,050.00 and authorize the Mayor to sign and the City Clerk to attest the agreement. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 April 19, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING April 23, 2002 APPLICANT Public Works Department ITEM NO. REQUEST Award of Contract for Elevated (Water) Tank Repainting Project ~-L--3 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CJTY 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: Contacted: COMMENTS Se.e.. CGtt.clcVied wr kJIP '11> hlt0r Date: Phone: Materials presented at pubUc meetIngs shall become property of the City of Meridian. RECEIVED APR j 9 2002 CITY OF MERIDIAN CITY CL.FRK" nI==FICr= M To: Mayor Corrie From: Brad Watson, P.E. cc: File, Gary Smith, PE, City Clerk Date: 4/19/02 Re: Proposed Agenda Items for April 23 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the April 23 City Council agenda, on the Consent Agenda, for Council's consideration: 1) AQreement for Professional Services - WWTP Tertiary FlIter Bypass Pipino Design, Keller Associates. This agreement authorizes Keller Associates to complete design of the tertiary filter bypass piping at the wastewater treatment plant. Their proposal is based upon time and materials not-to-exceed $2,500. A copy of the letter proposal is enclosed. Recommended Council Action: approve the agreement with Keller Associates, Inc. for design of the WWTP Tertiary Filter Bypass Piping Project on a time and materials basis, not-to-exceed $2,500, and authorize the Mayor to sign and the City Clerk to attest 2) Aoreement for Professional Services - N. Locust Grove Water Line Desion to Valley Life Church, EngineerinQ Northwest. This agreement authorized Engineering Northwest to complete surveying and design of a 12-inch diameter water main in North Locust Grove Road from the north boundary of Vienna Woods Subdivision nearly to Chinden Boulevard. You will recall that Council authorized/directed us, at its February 26,2002 meeting, to proceed with this water line extension if the proposed Valley Life Church application is approved by Ada County and Central District Health Department approves their septic system permit. The Council also conditioned providing City water to the site on our ability to provide sufficient flow and pressure without From the desk of... addition of another well. We have determined through hydraulic modeling that we do not need additional supply. A copy of the agreement is enclosed. Brad Watson, P.E. aty Engineer Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 89B-ssoo Fa;c (208) 887-1297 watsonb@ci.meridian.id.us Recommended Council Action: approve the agreement with Engineering Northwest for design of the N. Locust Grove Road Water Line Extension on a fixed fee basis $4,920~ and authorize the Mayor to sign and the City Clerk to attest 3) AQreement for Professional Services - WWTP Road Maintenance & Improvement, Civil Survey Consultants. See memo to me from Len Grady dated 4/18/02. A copy of the proposed agreement is enclosed. Recommended Council Action: Approval We request that the following items be placed on the April 23 City Council agenda, under Public Works Department Reports, for Council's consideration: 1) Reimbursement Aareement for Off-Site Water Line Construction - O'Neill EnterpriseslWoodbridQe Community, L.L.C. You will recall that Council directed the Public Works Department to design and construct the off-site water line necessary to serve Woodbridge Subdivision No.2 in December of 2001. The Public Works Department recommended that the off-site water line be included with the subdivision plans. Council subsequently agreed with O'Neill Enterprises to reimburse to them costs for the off-site water line for surveying, design, project administration and construction staking at its February 5, 2002 meeting. O'Neill Enterprises, through Conger Management Group, solicited bids for the work from Brown Construction, Sommer Construction and MASCO. The overall low bid for the project, including the Woodbridge on-site work, was from Brown Construction. A copy of agreement with O'Neill Enterprises is enclosed. Recommended Council Action: approve the reimbursement agreement for construction and project administration with Woodbridge Community, LLC for the Woodbridge Subdivision No.2 Off-Site Water Line Project in the lump sum amount $41,640.06, and authorize the Mayor to sign and the City Clerk to attest 2) Award of Contract for Construction of Well No. 23 PumpinQ Facilities. Please refer to memo to me from Len Grady dated 4/18/02. ~ 3) Award of Contract for Elevated (Water) Tank RepaintinQ Proiect. Please refer to memo to me from Len Grady dated 4/18/02. Thank you. Please contact me if you have any questions regarding any of these items. . Page 2 RECEIVED APR 1 8 2002 Me City Of Meridian City Clerk Office To: Brad Watson From: Lenard Grady cc: Gary Smith Date: 4/18/2002 Re: Proposed Agenda Items for April 23, 2002 City Council Meeting rlaj . The Public Works Department respectfully requests the following items be placed on the April 23 City Council agenda, under Department Reports, for Council's consideration: Well 23 Pumping Facilities. Four bid were received for the construction of well 23 pumping facilities as shown in the attachment and summarized below: . Guho Corporation JC Constructors Irminger Construction Riverside Inc $224,039.20 $230,800.00 $232,272.00 $239,950.00 . . . Guho, who has the lowest bid, has just completed construction of our WWTP Laboratory and several other smaller projects. Recommended Council Action: The Public Works Department recommends that City Council award the contract for the construction of Well 23 Pumping Facilities to Guho Company for the amount of $223,039.20 and authorize the Mayor to sign and the City Clerk to attest the agreement. From the desk. of... Engineerina Contract for Design of Paved Road at WWTP. The road proposed for pavement braches off from the main access road and enters the southeast gate and continues west through the plant. Civil Survey has prepared and estimate for design and some oversight during construction. The estimated cost is $12,120. LenanI Grady Staff'Engirn:cr Meridian Public Works Departmeot 660 E. Watertower, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 887-1297 gradyl@ci.meridian.id.us . Page 1 ~ Recommended Council Action: Approve the contract with Civil Survey for consulting services on the road-paving project at the WWTP for $12,120 and authorize the Mayor to sign and the City Clerk to attest the agreement. Elevated Tank Repaintina Proiect. Three bids were received for the repainting project. The bids are currently being evaluated and results will be presented at the May 6 meeting. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 00000000000000000 ~OOIDOOOOOOo~oomo~ o~m~cicicimciciciNciciNcio ~g~~~~gg~ggg~~~~g~ 0------------..--- ~ID~M~~~~~~mM~~~~~~ ~ N "C "~ ~ > 0:: N o o ~ ~ ~ ::a: 0- ~ M ~ 0 0000 00 0 00 00 0 o~ 0 ~ 0 00C\l0 00 0 C!.C!. O~ C!. C!.CCl: 0 u ci ~mNci cici m OOciN 0 OM d ";:: 0 ~'T"""'~O 00 ~ o OM M 0 O~ 0 0- 0_ ....- 00 0:> 00 M_ M. 0_ :!::! ID l.O N l.O .... N- ai ....~ ~ c: M....MID l.O ::l tn Q) .- ...., .- - '0 (U l1. en C "a. E :s a.. M N 00000000000000000 l.O~C!.~C!.~~oooooooooo NC\lO~ooooooci~cid~dN ~ID~~~~g~ggg~~~~~g~ ~~~~~~~ID~roO~~~~ID~~ .-- M....MM.... IDM ~ N ~ 0> c: E .... - 00 Ol.O 000000 00 00 00 ~ l.O 0 ON 000000 U1~ C!.C!. U1~ u No::i d"": ddciddci ID ~ 00 C\l0 .;:: ~~ C\l.... ~ooooo M 0:> l.O l.O .... 0 0- ID. o:>o~ooo q~- o. :!::! ~ N.~ID~roO .... ~ ~ c: M....M M.... ID ::> 00000000000000000 C!.ooqooooooooooooC!. o~o::ioddci"":ddd~dci"":do moo:>mo:>ooo~ooomoo~oo _O~~l.OOOO~OOONONMOO:> ~ro~~~~~~~OO~~~~ID~O .--.... M....C\l~.... ~M C\l - ~ ~ o '0 2 'Ii) c: 0 o~q Uuo U";:: 0 """') 0- 0_ -0:> '2 .... ::> 000000000 C!.oooooooo ~o:>oooo"":dd ............ooo~oo ooo~oo ~~M.~cio M....N~.... 00 00 dlri NM 00 qo ad 00 o.c\!.. .... .... 00 U1C!. .... 0 .... 0 o ~ ~ l.O~....Nl.OO:>....NOMC\lC\lOMMl.OO o:>mm~~Nom""NN~o~~~~ lri~o::iM~dMd~~N~~~....~m 2~~g~M~~~~m~~~~re~~ I-o~~~~~~~oairo~ ~~~ID~ M~NM ~N N o J:: :J l.O C,!)~c:q u~ .;::~ O-N ..... ~- "2 ::l mIDC\l~O:>....C\lOMN~OMvl.O NNvl'-Nom....N....mOIt)....M mMa)t.riciMd~~lridr..:~(")~ ....N ~mNOMm....C\I-.:t<O....~ Mv~....-.:tm N"'" l'- ~~~om.o:>. ~~ ID M....NM ~ ~.... m .... 0:> T- ~ -.:- "t""'"...- "'I;- 0...... .... .... "<t .... .... .... ~ OM ~ :;:; .... N M .... l.O c: m :J a E m .0 u "C m .0 m.oo .... m ~ .... .... .... .... NM-.:t~<O...... 0:> 0:> Q)m.... ~ '0 .:!::: I- May 3, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Parks Department REQUEST Kiwanis Meridian Pork Moster Plan May 7, 2002 t/-c ITEM NO. 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 COMP ANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ^ fJ {IIl~ r r" urv1 ~~ (tlfl See Attached Memo from Parks Director Torn Kuntz OTHER: Contacted: Dote: Phone: Mater/ols presented at public meetings sholl become property of the City of Mer/dion. Meridian Parks & Recreation < < ' < ~, ' , ' , < ..? , ~ . To: Mayor Corrie I City Council From: Tom Kuntz ECEIVED MAY - 2 2002 CITY OF MERIDIAN CITY CLERK OFFICE Memo Date: CC: May 2,2002 City Clerks Office Re: Kiwanis Park Meridian Daybreakers Kiwanis Club has been working closely with the Park Staff to develop a master plan for the future Kiwanis Park (see attachment). The future park is a nine (9) acre site owned by the city and is located between Los Alamitos and Thousand Springs Subdivision. The Parks Commission approved the master plan at their April meeting. The public has an opportunity to review and comment on the plans at a May 02, 2002 open house at the park site. We are asking for council approval at this time in order to move ahead with construction design for Phase 1. C:\WINDOWS\Temporary Intemet Files\OLKB254\Klwanis Park Master Plan memo.doc Page 1 hlli-__":~"...:w_'JO~ a1j;NN;'d J..-.-- ,_ NOI~V:lh::):'N ",. 'i)otlw. NYIDllll.3l'1/(h'''"I) 'l:;1"''''''''UI "." . ~~~d I~~~~~~~~~ ~>i ?=I'<7'd N'<7'ICl r?=l31Aln $1 N'<7'^"I>l ~~N\Ili.1::..-I.J- I II: __ s ~ 8 IX 'l! " ~ ;I~ ~-"'1li o 0:: ~ ~ 21 ~ ,. g ~ ~ 6:; m N~ :.; ~~ B ~il "J ~'\'\ I RECEIVED MAY - 7 '200~ Me City of Meridian City Clerk Offic<, . To: ' "'Councilman Keith Bird, Tom Kuntz From: Brad Watson, P.E. CC: File, Mayor Corrie, Gary Smith, PE, Bill Nichols Date: 5/612002 Re: Meridian Settlers Park - Sundance Subdivision Gentlemen, I noticed that the Sundance Subdivision development agreement is on the consent agenda for tomorrow night's City Council meeting. You will recall that last week I was assigned the task of further investigating direct reimbursement from G.L. Voigt for the water line being constructed in Meridian Road by the Parks Department. This direct reimbursement would replace a latecomer agreement benefiting the Parks Department I had previously contacted Eric Guanell of G.L. Voigt Development Company via email on April 12, at the Parks Department's request, asking whether or not they would consider up- front reimbursement of their proportionate share of the water line the Parks Department is constructing rather than a latecomer agreement Mr. Guanell responded on April 17 that they would prefer that the Parks Department pursue a latecomer agreement to avoid additional up-front costs on the part of Sundance Subdivision. That email was forwarded to the Parks Department on April 18. If Council wishes to pursue this direct reimbursement concept further, pulling the development agreement off the consent agenda for discussion before it is approved would seem to be appropriate. I have not contacted anyone at G.L. Voigt Company regarding potential modification to the development agreement yet Please let me know if I can be of further assistance. Fran the desk of.. . /J Brad WllI:lon, P.E. City Engineer Meridian Public WOIks 0qlar1ment 660 E. WatertoweT Lane, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fooc (208) 887.1297 wa1sonb@ci.meridian.idus r1ij.e ) J-U-B Er T/NEERS, Inc. ~ 250 S. Beechwood Avenue, Suite 201 e Boise, Idaho 83709-0944 . Telephone (208) 376-7330 . FAX (208) 323-9336 AUTHORIZATION FOR ADDITIONAL SERVICES CLIENT: PROJECT NAME: J-U-B Project Number: CITY OF MERIDIAN SOUTH SLOUGH TRUNK SEWER 11690-09 The following additional items of work on the project referenced above have been or will be provided by J-U-B ENGINEERS, Inc. These additional services are a supplement to the scope of services contained in J-U-B's existing Agreement for Engineering Services for this project, dated November 21. 2000 approved bv City Council Additional Services: As outlined on Attachment "A-1" J-U-B ENGINEERS, Inc. was verbally authorized to provide these services by: Name n/a Date n/a Unless otherwise noted below, J-U-B ENGINEERS, Inc. will provide these additional services on a time and materials basis, using the Firm's standard billing rates, or if applicable, the billing rates established in the initial Agreement for Engineering Services. Other Basis for Payment: As outlined in Attachment "A-1" Dated th is day of , 200~. J~U~B ENGINEERSf Inc. ;HI~1: By: Rev. January 2000 ADDENDUM NO. 1 AGREEMENT FOR CIVIL ENGINEERING SERVICES City of Meridian, Idaho South Slough Trunk Sewer Extension J-U-B ENGINEERS, Inc., Project No. 11690 ATTACHMENT "A~ 1" SECTION 1 - PROJECT UNDERSTANDING 1. Proiect Understanding 1.1 The Owner intends to incorporate to following components into the Project: · Include water system improvement into the Carol Subdivision area. This will include extension of water lines, services, and fire hydrants. The water system will be extended from the existing 12-inch main located in Ustick Road and interconnect with the 12-inch main near River Valley Elementary School. Total length of water main will be approximately 5,500 feet. A layout of the proposed system has been completed by the OWNER in the Carol Subdivision area. . Include collection sewer extensions to Justin Place and the two cul-de-sacs off Leslie Drive. Design will include service services to each home. 1.2 The above improvements will be incorporated in the construction plans and project manual for the South Slough Trunk Sewer Extension Project. 1.3 The OWNER intends to phase construction of the trunk sewer within the Packard Acres No.2 Subdivision. This will require a separate set of construction plans. SECTION 2 - OWNER RESPONSIBILITIES 2. Owner Information and Responsibilities: The following data and/ or services are to be provided by the OWNER without cost to the J-U-B. 2.1 Provide preliminary layout drawing of water system improvements. 2.2 Provide staff to coordinate water meter and sewer service line locations with property owners. 2.3 Provide access to relevant record drawings on the water system. 2.4 Pay for all permits, fees, or other payments required to secure permitting for construction of the proposed improvements. SECTION 3 - SCOPE OF ADDITIONAL SERVICES 3. Services to be Performed by J-U-B: J-U-B shall furnish services specifically limited to the following: 3.1 Supplemental Topographic Survey and Temporary Construction Benchmarks. Addendum No. 1 to Agreement for Civil Engineering Services City of Meridian -South Slough Trunk Extension Attachment "A-1" Page 2 J-U-B shall complete additional field survey to supplement the existing survey completed for the project. Scope of the survey will be as described in the Agreement. Limits of the survey shall be as follows: 1) Full right-of.way width on Justin Place from Leslie Drive which is approximately 400 feet in length. 2) Full right-of-way width of the two cul-de-sacs adjacent to Leslie Way. 3) A 75 foot wide strip of land along the west edge of pavement on Eagle Road from Leslie Drive to River Valley Road. This will encompass approximately 800 feet. J.U-B shall contact and receive utility information from gas, power, telephone, storm drainage, cable T.V., street lighting, traffic signals, irrigation, and other utilities that may be affected by the proposed construction. Utilities depicted on drawings as a result of this task will not be verified. Utility location must be verified during project construction J-U-B shall set (2) temporary benchmarks (T.B.M.s) and horizontal locations in Justin Place and subject cul-de-sacs. 3.2 Final Design A. Design of Sewer Extensions: J-U-B shall complete final design of 8-inch collection sewers in Justin Place and the two cul-de-sacs on Leslie Way. Design shall be in accordance with the Agreement and be incorporated into the construction plans. B. Design of Water System Improvements: J-U-B will utilize the Owner's preliminary layouts and design the water system in the Carol Subdivision. Water main extension will be designed along the west side of Eagle Road for connection to the existing main near the River Valley Elementary School. Connections to existing mains wHl be designed and detailed. Fire hydrants will be located per City Standards. Services will terminate in a water meter vault, per City Standards. Water service lines will not be designed from water meter to the house. C. Specifications and Contract Documents Specifications and Contract Documents will be developed for the additional improvement and shall be in accordance with the Agreement. D. ITD and ACHD Agency Permitting J-U-B shall coordinate alignments of water main with ACHD and ITD to establish acceptable corridors. E. Plan Review Upon 90% completion of the plans and specifications, J-U-B shall submit review sets of plans to all affected utilities, ITD, and ACHD and two sets for the OWNER'S final review and approval. Addendum No. 1 to Agreement for Civil Engineering Services City of Meridian -South Slough Trunk Extension Attachment "A-l" Page 3 F. Final Revisions J-U.B shall incorporate all appropriate revisions as suggested by the OWNER and the permitting agencies in the final set of plans and specifications. G. Opinion of Probable Construction Cost J-U-B shall develop and issue to OWNER an opinion of probable construction cost for the construction project and any bid alternatives. 3.3 Packard Acres No.2 Construction Plans J-U-B will provide separate construction plans for the trunk sewer which lies within the proposed Packard Acres No.2 Subdivision. The plan and profile construction plans will be a stand alone set, and incorporate construction notes per the lSPWC. No separate project manual or technical specifications will be provided. SECTION 4 ~ FEE SCHEDULE Basis of Fee and Billing Schedule The OWNER shall pay J-U-B for its services and reimbursable expenses as follows: · Survey, Final Design, Permitting, Packard Acres No.2 Construction Plans Items 3.1 through 3.3, on a lump sum basis with a cost of..................................$9,810 The basis for calculation of fees is presented in Attachment "B-1". 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A A .. t: Ulg m - og --i' Om z~ w~ m I o ~ " ~ JJ '" m ",;::B "'ll>' W" ." ~ g .9. ~ [ ",;::." '" ll> ~ to ::J .2, '" ~ ~ ......!!: ... ",m." ~fE_ a ~ ~.~. (..) ~ Mo- rn "'z ~f2 ;g bo(/) o g. IJo Q ~ '" m -:.... ~ '" --i ;g.~ '" 2. :1 a 2'~ " ~9o !'1 ~ g '" :1 S, ...~ "'~ -0> "'''' . "' 8~ :J "'0 wiD 8~ "'(J>'" we: P' :1 ;:: 8f.!ll ~ ~I!!! G) p~ -0 8p'-" :;: g' --< "3<;::0 cQ.~ =Q. d;! ;;!Ul r'" ):00 ::f=i )>-< 00 ::z:"Tl :5::5: mm Z::o ~O m;t; .:...Z = I , (fl ro )>C OJ-; OJ: ::0 en )>r zO OC mG'l OJ: S;;-; ,,::0 :5:C mZ Z^ -1m OX m-l -;m )>tii Po Z :P- o o m Z o c: s:: z () AD,~ COUNTY RECORDER d. ~'3~~~.~p:(~~RO ~ 2002 MY f 6 ~M If: 22 HECOROEO - REO lEST Or ~EE~OE ~ ,- -- <~ 102056128 . MERiDlAN CITY THIS PAGE ADDED FOR RECODING PURPOSES ONLY Sanitary Sewer Easement Agreement (South Slough Trunk Sewer Extension) April 22, 2002 James A. Kessler, L.L.C. and the City of Meridian <' SANITARY SEWER EASEMENT d THIS INDENTURE, made this22 day of April 2002 between James A. Kissler, L.L.C., the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee. WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by Grantee; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS "A" AND "B") The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire on the earlier of either the termination of the construction contract or on July 31, 2003. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises, including compaction of soils, to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the SANITARY SEWER EASEMENT, Page 1 of 3 purposes stated herein. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the party has hereunto subscribed his signature the day and year first hereinabove written. ~#LLm~~ Jam A. Kissler, L.L.C. L L .C- . STATE OF IDAHO) ) ss County of Ada ) On this J?J~ day of ~ ,2002, before me ~ Q _ ~.......- , personally appeared ~ 0..... ~'- ,proved to me on the bases of satisfactory evidence t be the persons whose names IS subscnbed to the within instrument, and acknowledged that they executed the same. ~~~~~ ~ '*~I'~ I :) 0\ i III '> 01 \. ! l'4 ~ '. ~ f:oi I i~ L' ~ ~I " v '<0", Go) .. ~. .1' I ~~ V A,. ... * "'" 'r'f.tt 3q ~~<I "'f .4... '........'1' Q.. c:L cvu- Y PUBLIC FOR IDAHO . My Commission Expires on 9/3(05 SANITARY SEWER EASEMENT, Page 2 of 3 GRANTEE: CITY OF MERIDIAN Approved By City Council On: ~ - S~~L c. ~ j~ ~ ~ .",. ,."( * ,. ~ r..'" c.'" -;: ~ '"(t," ",;J .. ~ Ood- ,]]" 151 ,/'to. P ,041" ,.c- 7 --A "4. -. {OJ' .........- rc -,," i;' v - -u 4- a ~...~tl"'1' ::c ~...~. ~ ';~4~~l_:..~p. p,. ~~ r .~ ~ '; . . . '...-i/' '. ~""_ ~ ,," I . SANITARY SEWER EASEMENT, Page 3 of 3 ~ ~J.U.B~ ~ Engineers Surveyors Planners Project No.: Date: Parcel No.: Grantor(s): South Slough Trunk Sewer Extension (11690) March 26, 2002 51105110012 James A. Kissler, llC CITY OF MERIDIAN EXHIBIT "An A 20' WIDE PERMANENT SANITARY SEWER EASEMENT LAND SITUATED IN ADA COUNTY A parcel of land located in a part of Government lot 4, Section 4, T.3N., R.1 E., B.M., Ada County, Idaho, for the purpose of a 20-foot wide permanent sewer easement, more particularly described as follows: COMMENCING at a found brass cap marking the Northwest corner of Section 4; from which a found 5/8" Iron pin marking the North Y:4 corner of Section 5 bears North 89044'54" West, 2,656.50 feet; thence South 57015'27" East, 113.70 feet to a point on the EasterLy right-of-way of EagLe Road the POINT OF BEGINNING; thence North 41011'35" East, 22.67 feet to a point on the Southerly right-of-way of Ustick Road; thence along said right-of-way, North 85042'46" East, 28.52 feet to a point; thence leaving the SoutherLy right-of-way of Ustick Road, South 41011 '35" West, 67.39 feet to a point on the EasterLy right-of-way of Eagle Road; thence along said right-of-way, North 01050'26" East, 31.54 feet to the POINT OF BEGINNING. Said easement contains 900.61 sq. ft., more or less. TOGETHER WITH: A parceL of land Located in a part of Government lot 4, Section 4, T.3N., R.1 E., 8.M., Ada County, Idaho, for the purpose of a temporary construction easement, more particularly described as follows: The Northerly 80.00 feet of the Westerly 50.00 feet of Kissler property, Tax Parcel No. S11 04223336. Said easement contains 4,023 sq. ft., more or less. Refer to Drawing Exhibit rrB" END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, tnc. Ronald M. Hodge, P.l.S. TAJ:lhc F:\projectmanagers\PHK\ 11690\ 11690-Sur\admin e-mail\kissler perm sewer esmt.doc * LR/W -- R/W_ 32 33 USTICK ROAD N41'11'35"E 5 S 22.67' S;>. 1 1S' 1,3... <;>" - R/W 0/0' f: -5 0'0 co KISSLER. JAMES A. S1105110012 o <( 10 tr W ~ C) <( W o 50' LEGEND 3: "- n::: R/W RIGHT-OF-WAY - - - PROPERTY BOUNDARY 5 PROPOSED TRUNK SEWER 00 PROPOSED MANHOLE LOCATION (MAY VARY) PROPOSED PERMANENT SEWER EASEMENT o PROPOSED TEMPORARY CONSTRUCTION EASEMENT o 3: "- 0:: N. J~ 1[' a~ _. __. PU.IIDIIlI ~ "f5 II 50 SCALE: 1 "=50. 160 EXHIBIT B CITY OF MERIDIAN, IDAHO SOUTH SLOUGH TRUNK SEWER EXTENSION JAMES A. KISSLER, LLC PROPERTY NE 1/4, SECTION 4, T3N, R1E, BM ~ ~J.U.B A ~ Engineers Surveyors Planners Project No.: Date: Parcel No.: Grantor(s): South Slough Trunk Sewer Extension (11690) March 26, 2002 S1105110012 James A. Kissler, llC CITY OF MERIDIAN EXHIBIT "A" A 20' WIDE PERMANENT SANITARY SEWER EASEMENT LAND SITUATED IN ADA COUNTY A parcel of land located in a part of Government lot 4, Section 4, T.3N., R.1E., B.M., Ada County, Idaho, for the purpose of a 20-foot wide permanent sewer easement, more particularly described as follows: COMNIENCING at a found brass cap marking the Northwest corner of Section 4; from which a found 5/8" Iron pin marking the North Y4 corner of Section 5 bears North 89044'54" West, 2,656.50 feet; thence South 57015'27" East, 113.70 feet to a point on the Easterly right-of-way of Eagle Road the POINT OF BEGINNING; thence North 41011 '35" East, 22.67 feet to a point on the Southerly right-of-way of Ustick Road; thence along said right-of-way, North 85042'46" East, 28.52 feet to a point; thence leaving the Southerly right-of-way of Ustick Road, South 41011'35" West, 67.39 feet to a point on the Easterly right-of-way of Eagle Road; thence along said right-of-way, North 01050'26" East, 31.54 feet to the POINT OF BEGINNING. Said easement contains 900.61 sq. ft., more or less. TOGETHER WITH: A parcel of land located in a part of Government lot 4, Section 4, T.3N., R.1E., B.M., Ada County, Idaho, for the purpose of a temporary construction easement, more particularly described as follows: The Northerly 80.00 feet of the Westerly 50.00 feet of Kissler property, Tax Parcel No. S11 04223336. Said easement contains 4,023 sq. ft., more or less. Refer to Drawing Exhibit "B" END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.l.S. TAJ:lhc F:\projectmanagers\PHK\ 11690\ 11690-Sur\admin e-maiL\kissler perm sewer esmt.doc * LR/W -- R/W_ 32 33 USTICK ROAD 5 R/W - -5 0'0 co KISSLER. JAMES A. S1105110012 o <( ,0 0:: W -.J '" <( W o 50' :5: '-... 0::' LEGEND R/W RIGHT-OF-WAY - - - PROPERTY BOUNDARY S PROPOSED TRUNK SEWER 00 PROPOSED MANHOLE LOCA llON (MAY VARY) PROPOSED PERMANENT SEWER EASEMENT o PROPOSED TEMPORARY CONSTRUCllON EASEMENT o S: '-... 0::' N. J[" lr a-~ _._.JII.IIllllllIS ~ '15 b 50 SCALE: 1"=50' 160 EXHIBIT B CITY OF MERIDIAN, IDAHO SOUTH SLOUGH TRUNK SEWER EXTENSION JAMES A. KISSLER, LLC PROPERTY NE 1/4, SECTION 4, T3N, R1 E, BM SANITARY SEWER EASEMENT d THIS INDENTURE, made this2l day of April 2002 between James A. Kissler, L.L.C., the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee. WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by Grantee; and WHEREAS, it will be necessary to maintain and seNice said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS "An AND "Bit) The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire on the earlier of either the termination of the construction contract or on July 31, 2003. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises, including compaction of soils, to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the SANITARY SEWER EASEMENT, Page 1 of 3 purposes stated herein. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the party has hereunto subscribed his signature the day and year first hereinabove written. 4~ /l ~L m~~-a- Jam A. Kissler, L.L.C. L.tI- .G . STATE OF IDAHO) ) ss County of Ada ) On this J ~ ~ day of ~ ,2002, before me ~ Q - Q..h..,,-,>-,-- , personally appeared ~ 0..... ~'\.... , proved to me on the bases of satisfactory evidence t be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. Q..~~ NOTA Y PUBLIC FOR IDAHO My Commission Expires on 9/3(05 SANITARY SEWER EASEMENT, Page 2 of 3 GRANTEE: CITY OF MERIDIAN ~ t:G;lfi':"!-~~"'~f ~" !i'"\\' O~ .. :~.t,~. .: "'O:~"" ,.$i'A · n,.",..,;;",._:. {. .t.:.... :{\ ~ ...... ...., i.~ ~ ..:~ : !! V~ .<, .,'l. .... . '-:r$)?f'O&.fh ~Y"". g ~ ~O~.~l ..... -..-\. - ~ : S~llL .~ ~ -~~ ~ :: '}A. ~.+ ~~ ~ ~\i ~ ~-;.: 1!:,\. i\,~_~.~>r 1 ~"t . ":., .Q j:: '~K '-(d '.",.. '0 ~/ ..~~.. .\~~ .c- 7-A', I.,. .........- ..-', .j{. ~ - -u "'. ~_,"'.!oIo.,:.,..,...,. "'t.~~1.i..-t-}1/ Approved By City Council On: .':\~~"'~'-" ' ~ ~T '.. ~ ... ~. ,:>'f~ . SANITARY SEWER EASEMENT, Page 3 of 3 ~ ~J.U.B A ~ Engineers Surveyors Planners Project No.: Date: Parcel No.: Grantor(s): South Slough Trunk Sewer Extension (11690) March 26, 2002 51105110012 James A. Kissler, LLC CITY' OF MERIDIAN EXHIBIT "A" A 20' WIDE PERMANENT SANITARY SEWER EASEMENT LAND SITUATED IN ADA COUNTY' A parcel of land located in a part of Government Lot 4, Section 4, T.3N., R.1 E., B.M., Ada County, Idaho, for the purpose of a 20-foot wide permanent sewer easement, more particularly described as follows: COMMENCING at a found brass cap marking the Northwest corner of Section 4; from which a found 5/8" Iron pin marking the North 11.1 corner of Section 5 bears North 89044'54" West, 2,656.50 feet; thence South 57015'27" East, 113.70 feet to a point on the Easterly right-of-way of Eagle Road the POINT OF BEGINNING; thence North 41011 '35" East, 22.67 feet to a point on the Southerly right-of-way of Ustick Road; thence along said right-of-way, North 85042'46" East, 28.52 feet to a point; thence leaving the Southerly right-of-way of Ustick Road, South 41011 '35" West, 67.39 feet to a point on the Easterly right-of-way of Eagle Road; thence along said right-of-way, North 01050'26" East, 31.54 feet to the POINT OF BEGINNING. Said easement contains 900.61 sq. ft., more or less. TOGETHER WITH: A parcel of land located in a part of Government Lot 4, Section 4, T.3N., R.1 E., B.M., Ada County, Idaho, for the purpose of a temporary construction easement, more particularly described as foHows: The Northerly 80.00 feet of the Westerly 50.00 feet of Kissler property, Tax Parcel No. 51104223336. Said easement contains 4,023 sq. ft., more or less. Refer to Drawing Exhibit "B" END OF DESCRIPTION Prepared by: J-U-B ENGINEERS. Inc. Ronald M. Hodge, P.L.S. TAJ:lhc F:\projectmanagers\PHK\11690\11690-Sur\admin e-mail\kissler perm sewer esmt.doc * LR1W_ ~ R/W _ 32 33 USTICK ROAD 5 - R/W -$ KISSLER, o 0 JAMES A. co S1105110012 o <( )0 0:: W ..J C) <( W o 50' 3= ........... 0::: LEGEND R/W RIGHT-OF-WAY - - - PROPERTY BOUNDARY S PROPOSED TRUNK SEWER 00 PROPOSED MANHOLE LOCATION (MAY VARY) PROPOSED PERMANENT SEWER EASEMENT o PROPOSED TEMPORARY CONSTRUCTION EASEMENT o 3: ........... 0::: N. JL lL' a-~ _._.~ ~ '15 II 50 SCALE: 1u=50. 160 EXHIBIT B CITY OF MERIDIAN, IDAHO SOUTH SLOUGH TRUNK SEWER EXTENSION JAMES A. KISSLER, LLC PROPERTY NE 1/4, SECTION 4, T3N, R1E, 8M ------- ~J.U.B A ~ Engineers Surveyors Planners Project No.: Date: Parcel No.: Grantor(s): South Slough Trunk Sewer Extension (11690) March 26, 20.02 S 11 0511 0012 James A. Kissler, LLC CITY OF MERIDIAN EXHIBIT "A" A 20' WIDE PERMANENT SANITARY SEWER EASEMENT LAND SITUATED IN ADA COUNTY A parcel of land located in a part of Government Lot 4, Section 4, T.3N., R.1 E., B.M., Ada County, Idaho, for the purpose of a 20-foot wide permanent sewer easement, more particularly described as follows: COMMENCING at a found brass cap marking the Northwest corner of Section 4; from which a found 5/8" Iron pin marking the North Vi corner of Section 5 bears North 89044'54" West, 2,656.50 feet; thence South 57015'27" East, 113.70 feet to a point on the Easterly right-of-way of Eagle Road the POINT OF BEGINNING; thence North 41011 '35" East, 22.67 feet to a point on the Southerly right-of-way of Ustick Road; thence along said right-of-way, North 85042'46" East, 28.52 feet to a point; thence leaving the Southerly right-of-way of Ustick Road, South 41011 '35" West, 67.39 feet to a point on the Easterly right-of-way of E..agle Road; thence along said right-of-way, North 01050'26" East, 31.54 feet to the POINT OF BEGINNING. Said easement contains 900.61 sq. ft., more or less. TOGETHER WITH: A parcel of land located in a part of Government Lot 4, Section 4, T.3N., R.1 E., B.M., Ada County, Idaho, for the purpose of a temporary construction easement, more particularly described as follows: The Northerly 80.00 feet of the Westerly 50.00 feet of Kissler property, Tax Parcel No. S11 04223336. Said easement contains 4,023 sq. ft., more or less. Refer to Drawing Exhibit "B" END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. TAJ:lhc F:\projectmanagers\PHK\11690\11690-Sur\admin e-mall\kissler perm sewer esmt.doc (1) L R/W- - R/W _ 32 33 USTICK ROAD N41"11'35"E 5 S 22.67' S>. 1 IS' lJ'... <>" R/W '/0' (' -$ KISSLER, o 0 JAMES A. ro 51105110012 o <( JO 0:: W -1 (j <( W o 50' LEGEND R/W RIGHT-OF-WAY 3'; ~ - - - - PROPERTY BOUNDARY S PROPOSED TRUNK SEWER 00 PROPOSED MANHOLE LOCA llON (MAY VARY) PROPOSED PERMANENT SEWER EASEMENT o PROPOSED TEMPORARY CONSTRUCllON EASEMENT o 3: ......... 0:::: N. JL 1[' a-~ _._.~ ~-~ "1 50 SCALE: 1 "=50' 160 EXHIBIT B CITY OF MERIDIAN, IDAHO SOUTH SLOUGH TRUNK SEWER EXTENSION JAMES A. KISSLER, LLC PROPERTY NE 1/4, SECTION 4, T3N, R1 E, BM AGREEMENT FOR ENGINEERING SERVICES In Association with Predesign, Design, and Construction of Boise River Outfall Improvements Between CITY OF MERIDIAN, IDAHO and KELLER ASSOCIATES, INC. K.A. No. 102022 This Agreement is made and entered into between the City of Meridian, Idaho (herein called OWNER) and Keller Associates, Inc. (herein called CONSULTANT) this _ day of ,2002. In consideration of the mutual promises herein contained, the OWNER and the CONSULTANT agree as follows: 1. Scope of Services During the terms of this Agreement, CONSULTANT shall furnish to the OWNER, Predesign, Design, and Construction Engineering services as set forth in Attachment A, attached hereto, and made a part hereof. Such services shall be performed by individuals as employees of CONSULTANT, an independent Contractor, and not as employees of the OWNER. 2. Period of Agreement The Agreement shall commence on the first above written date and terminate upon completion of construction. Due to liaison required with government agencies, it is uncertain what the contract duration may be at this time. 3. Payment Rates and Billing 3.1 As compensation for Predesign, Design and Construction Engineering Services to be performed by CONSULTANT, the OWNER will pay CONSULTANT as indicated in the Attachment B attached hereto. OWNER shall not have any liability for any other expenses or costs incurred by CONSULTANT, unless otherwise provided in the Attachment or authorized by the OWNER. 3.2 CONSULTANT shall keep accurate records of the time expended. Payment for services performed by CONSULTANT shall be made at the end of each month upon the submission by CONSULTANT of invoices or time statements to the OWNER. Invoices submitted by CONSULTANT will: A. Accurately describe services rendered during the invoice period, including respective dates of performance and any reports submitted. B. Identify any other authorized expense incurred hereunder; and 102022/1/02.150 C. Make reference to this Agreement (Keller Associates' project number) or otherwise identify the invoice in such a manner as the OWNER may reasonably require. 3.3 The CONSULTANT shall not take any action hereunder which could cause the amount for which OWNER would be obligated to CONSULTANT to exceed the sum of the fees defined in the Attachment provided, however, that this sum may be increased or decreased from time to time by the OWNER in writing if extra work is required or the scope of work is adjusted for any reason. For other than lump sum (fixed fee) agreements, CONSULTANT shall advise the OWNER in writing when costs incurred under this Agreement are equal to seventy-five percent (75%) of the aforesaid sum. 4. Data CONSULTANT agrees that all data and information such as designs, drawings, reports, blueprints, and the like generated in the performance of this Agreement and data and information which are specific to be delivered or which are, in fact, delivered pursuant to this Agreement shall be and remain the sole property of OWNER. CONSULTANT shall deliver all data and information to the OWNER upon OWNER's request, and shall be fully responsible for the care and protection thereof until such delivery. Except as otherwise provided in this Agreement, said documents shall be delivered to OWNER without additional costs to OWNER. 5. Termination The OWNER and CONSULTANT may terminate this Agreement in whole or in part at any time by giving 30 days written notice thereof. Upon said termination, CONSULTANT will be reimbursed for that portion of the work satisfactorily completed prior to termination and shall be entitled to negotiated damages. 6. Changes The OWNER, within the general scope of this Agreement, may at any time, by written notice to CONSULTANT, issue additional instructions, require additional services, or direct the omission of services covered by this Agreement. In such event, there will be made an equitable adjustment in price and time of performance, but any claim by either party for such an adjustment must be made within thirty (30) days of the receipt of said written notice. 7. Compliance with Laws To the extent applicable hereto, CONSULTANT shall in the performance of this Agreement comply with all Federal, State, and local laws, all regulations and orders issued under any applicable law, and all State regulations. 8. Standards All services hereunder shall be performed by employees or agents of CONSULTANT who are experienced and highly skilled in their professions and in accordance with the standards of workmanship in their professions. CONSULTANT warrants that its findings, recommendations, and professional advice shall be based on practices and procedures, customarily used in its 102022/ I /02-150 profession, and asserts it will employ the current state-of-the-art and accepted standard industry practice in performing the services defined herein. 9. Records The OWNER and, if the services are to be performed hereunder relate to a Federal or State Government Contract, the Comptroller General of the United States, and the Department or Agency of the Government having cognizance over said prime Contract, and any of their duly authorized representatives, shall, until the expiration of 3 years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of CONSULTANT involving transactions related to this Agreement. to. Gratuities CONSULTANT warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities to OWNER's employees, agents, or representatives with a view toward securing this Agreement or securing favorable treatment with respect thereto. 11. Insurance CONSULTANT shall provide professional liability indenmification to protect the OWNER and granting agencies from CONSULTANT's negligent acts and errors of omission of a professional nature. CONSULTANT and subconsultants shall maintain workman's compensation insurance and shall furnish a certification of insurance. 12. Owner Furnished Services The following services will be provided by the OWNER as part of this project: a. Provide drawings of existing site facility locations, piping and mechanical and electrical information as available. b. Provide other necessary services not included in CONSULTANT's Scope of Work if needed for this project, unless additional services are requested of CONSULTANT by the OWNER at an increase in cost. 10202211102-150 In Witness Whereof, the pmlies hereto have executed this Agreement as of the date first above written. By: lY OF MERIDIAN CONSULTANT: KELLER ASSOCIATES, INC. r By: i L' . '. '/ I / ~V<._)'-J\ I "- (' j 0 ,( l' es L. Keller Title: Mavor Title: President - Proiect Manager Attested: William G. Bem Jr. Attested: Dennis M. Suihkonen BY~.P ~.2::". By: D~ -. '>o~ ""'..i,.,....~ lf~'l'--". -"";'" ~'''-''''I: \.it ~t.,~~~ .. ~1 ,ii ,," .....::,.:,.~...l. I.... Title: Cit Clerk I'~:;'~ -~ "';: Title: Proiect Eosrineer :: ~o ~'\ ~ \~ .:: ~i: Approved By City Couo;il: . SEAL ,.,..' .~ I J ?~ ,~, . "rF 0 i'~< Date' '5 7 /Ct:?. ~;. ~.. ~tr i?3"'yr..~~ ..~: . ~~~1~. I "~;''' ~-..-- i,~:'h.t.......~?:f'- ~~ ~. . (; '. .~. -' " I 02022/ I /02-150 CITY OF MERIOI! BOISE RIVER OUTFAL.L IMPROVEMENTS - ATTACHMENT A APRIL 2002 ENGINEERING PROPOSAL - INTRODUCTION The City of Meridian wastewater treatment plant has two alternative points of discharge, either to Five Mile Creek or to the Boise River at the Linder Street Bridge. The Boise River discharge is rarely used, as a result of the last change in the plant's NPDES permit; however, more frequent or continuous discharge to the Boise River may occur in the future. The existing outfall is a 14-inch pipe buried approximately 4-5 feet deep, extending across three quarters of the river channel, with three 6-inch ports extending up into the flow stream. The existing Boise River outfall design is such that it is susceptible to plugging from sedimentation and is very difficult to clean, since it is blind flanged on one end. The City desires to improve the outfall so that sedimentation is minimized and cleaning is more easily accomplished. The size of the outfall may also need to be increased to be able to meet future wastewater flow conditions. SCOPE OF WORK Predesign/ Agency Coordination Improvements to the existing Meridian Boise River Outfall are highly dependent upon existing site conditions and agency operational and construction constraints that may be imposed. Therefore, this scope of services includes the following preliminary design consideration permitting process, prior to proceeding with any final design. These tasks are now outlined below: L Field Review and Channel Cross-Sections: The CONSULTANT will do a field inspection of the outfall area with City personnel and will also complete necessary channel topography that may be needed for preliminary and final design. This field inventory will take special note of the river channel materials, bank stability, erosion, and potential river channel and bank disruptions that may result from repair of the existing outfall line or construction of a new diffuser system. 2. Development of Preliminary Outfall Concepts: The CONSULTANT, working hand in hand with OWNER staff members, will develop several concepts that potentially might be employed to improve the river diffuser system. These concepts might be, but are not limited to: Attachment A - 02-150 1 4~ ~!-1~~ INTRODUCTION SCOPE OF WORK CITY OF MERIDII'~ BOISE RIVER aUTF-. ....IMPROVEMENTS - ATTACHMENT A APRIL 2002 a. Repairing the existing diffuser system, with the addition of screens and/or drain rock and filter fabric. b. Extension of the existing diffuser pipeline across the river with the addition of an additional cleanout. This alternative might include the development of the extended pipe with drain rock, filter fabric, and pertorated pipe. c. Plugging the existing ports and drilling small diameter holes in the existing pipe, in conjunction with the addition of drain rock and filter fabric. d. Development of a new, larger diameter diffuser system with manhole cleanouts on both sides of the river. 3. Initial Agency Communication: With the preliminary concepts in hand, the CONSULTANT, along with the OWNER, will meet initially with the Corps of Engineers (Corps), most likely at an onsite tour, to determine the Corps' issues and also a procedure for approval of the permit for either maintenance repair or complete new diffuser construction. After meeting with the Corps to determine the sensitivity of this construction relating to disruption of the river channel, the CONSULTANT, with the OWNER's representative, will also initiate contact with DEQ to determine the environmental issues and new requirements that may be imposed upon the implementation of changes to the existing outfall system, and/or the installation of a new and larger diffuser facility. 4. Concept Decision: After receiving input from the agencies concerning the various outfall improvement alternatives, with any associated environmental mitigation and construction requirements, the CONSULTANT will prepare preliminary layouts and cost estimates for the most promising concepts for improving the existing fiver outfall. With this information, a decision will then be made as to the most promising outfall concept. This outfall concept will then be developed with more detailed layout drawings and sketches for preliminary review with the approval agencies. 5. Final Agency Coordination and Approval: The CONSULTANT will arrange a final agency input meeting to review the most promising outfall improvement concept. This agency coordination meeting would include Corps of Engineers, US Fish and Wildlife Services, Idaho Fish and Game, DEQ, and EPA. The final definition of all permitting, environmental, and river water quality issues would be flushed out as part of this meeting in preparation Attachment A - 02-150 2 4~ ~!-:.~~~ CITY OF MERIDIA. BOISE RIVER OUTFALL IMPROVEMENTS - ATTACHMENT A APRIL 2002 for a Corps 404 Pennit for actual construction of the recommended facilities. 6. Predesign Report: The CONSULTANT will prepare a letter report summarizing the steps that need to be taken to implement the new river outfall improvements and detailing the sketches and estimate of most probable cost for the preferred outfall concept improvements. This predesign letter report will outline the permits required, and will outline the need for any environmental assessments, river mixing zone analyses, and other specific construction constraints that may be required before a final Corps 404 Permit for actual construction could be issued. This predesign report will, therefore, define how the OWNER should proceed, and will be the basis, then, for developing an engineering budget for final Corps 404 Permit submittal, final plans and specification preparation, and for any other required environmental or water quality studies. DESIGN/CONSTRUCTION SERVICES The scope of work for design and construction engineering services will be developed and will include actual pennit preparation, environmental assessments, river mixing zone analyses, and other items as required by DEQ and the Corps of Engineers, after the predesign report has been completed and agency input and reviews have been obtained. Attachment A - 02.150 4~ ~!-1!~Ji 3 CITY OF MERIDI~ BOISE RIVER OUTFAL.L IMPROVEMENTS - ATTACHMENT 8 APRIL 2002 CONSULTANT COMPENSATION Predesign/ Agency Coordination The CONSULT ANT will be compensated on an hourly rate basis according to the attached billing rate schedule for each hour each employee works on the project. The following budget will not be exceeded without prior authorization by the OWNER. The budget for the PredesignlAgency Coordination services shall not exceed Fourteen Thousand Dollars ($14,000.00). Any other predesign and agency coordination services that have not been defined in Attachment A, will be provide by the CONSULTANT on an hourly rate basis as requested in writing by the OWNER. Desig n/Construction Services Compensation for design and construction services for this project will be negotiated after the Predesign Report and Agency Coordination tasks have been completed, and an actual scope of work for design and construction services can be defined. Notice to Proceed The CONSULTANT will proceed once the CONSULTANT has received authorization to proceed through a singed contract. The CONSULTANT shall then immediately schedule a field walk-through and predesign meeting with the OWNER, and will then proceed as expeditiously as possible with the PredesignlAgency Coordination tasks as outlined in Attachment A. It is anticipated that this predesign phase could be completed within 60 days, depending upon the availability of agency representati ves. Basis of Payment The OWNER will be invoiced on, or before, the fourth of each month for the total amount of work completed in the previous month. The amount invoiced shall reflect the percentage of the job that is complete, and shall reflect actual hours worked for the hourly rate pay items as set forth in the scope of work and compensation sections. Payment shall be made by the OWNER to CONSULTANT within 30 days of the date of the invoice. Attachment B - 02.[50 1 4~ ~!-1~.! CONSULTANT COMPENSATION CITY OF MERIDIA. BOISE RIVER OUTFALL IMPROVEMENTS - ATTACHMENT B APR IL 2002 : KELLER ASSOCIATES, INC. TITLE CODE BILLING RATES January 1; 2002 Personnel Hourly Rate I Principal: Jim Keller, P.E. $113.00 Project Managers: Rod J. Linja, P.E. $107.00 Dennis M. Suihkonen, P.E. $107.00 Susan Burnham, P.E. $98.00 Chief Engineer: David R. Kinzer, P.E. $107.00 Project Engineers: Donn Carnahan, P.E. $81.00 James P. Mullen, P.E. $81.00 Ryan Adelman, P.E. $71.00 Bryan R. Phinney, P.E. $71.00 Mike Anderson, E.I.T. $62.00 James Bledsoe, E.LT. $62.00 Ross K. Erickson, E.I.T. $62.00 Grant Sanders, E.I.T. $62.00 Marla Vik, E.I.T. $62.00 Designers: Ian Crane $53.00 Alan Jones $53.00 Technicians! $48.00 Inspection: Drafting: $45.00 Clerical: $40.00 Two-Man $85.00 Survey Crew: Three-Man $105.00 Survey Crew: Mileage Cost: $0.31!mile Attachment B - 02.(50 2 fI~ ~~1~Ii May 3, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Jacksons Food Stores May 7, 2002 ITEM NO. 7 REQUEST Request for Latecomers Agreement from Jacksons Food Stores AGENCY COMMENTS CITY CLERK: See Attached letter 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 COMP ANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~.y N~ tfY;I~ . applicant notified of placement on Council agenda 5-03-02 OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the city ot Meridian. HUBBLE ENGINEERING, INC. 701 S. Allen St., Suite 102 II Meridian, ID 83642 208/322-8992 II Fax 208/378-0329 April 9, 2002 r< 1 5 RECEIVED APR 1 1 2002 Mr. Will Berg City of Meridian 660 E. Watertower, Suite 200 Meridian,ID 83642 r.::r,t%~,:.,?-< f1r\FICE err,: Lj~j i,l,illU.JJ.LJ!iT City of Meridian City Clerk Officco RE: Jackson's Food Stores Latecomer's Agreement Dear Mr. Berg and Council Members: I discussed our proposed latecomer's agreement for Jackson's Food Stores last week with Bruce Freckleton of your Public Works Department and he indicated that the matter had been brought before the council and was dismissed. Neither my firm nor Jackson's Food Stores were noticed that this item was to be heard and Bruce confirmed that no notice was given since the discussion came up during staff reports. We feel that our representation of this issue to the council is important and are hereby requesting that our request for a latecomer's agreement be placed on your regular agenda for hearing at the earliest opportuni ty. If you have any questions regarding this matter, please feel free to call me. Sincerely, David A. Bailey, P.E. President, Hubble Engineering, Inc. cc: Jack Davis, Jackson's Food Stores 1:\ WIP\ Vi ckie\Ltr-JacksonsFoods- WillBcrg-04-09-02.doc ~. -/ J v.-..-.>- L- ' \:; () ( 1 ., IJ era HUBBLE ENGINEERING, INC. 701 S. Allen St., Suite 102 a Meridian, 10 83642 208/322~8992 II Fax 208/378-0329 February 25, 2002 1v1r. Bruce Preckleton City of Meridian 660 E. Watertower, Suite 200 Meridian, ID 83642 RE: Jackson's Food Stores Latecomer Agreement Dear Mr. Freckleton: We are requesting, on behalf of Jackson's Food Stores .that the City of Meridian enter into a Water Latecomer1s Agreement with' Jackson Food Stores in .accordance with Section 9-1-13 "Cooperative or Reimbursement Agreementsl1 of the Meridian City Code. The details of the request are as follows: ;;:. The subject property is located at 625 N. Eagle Road, Meridian, ID 83642 ;;:. The current owner (and owner at the time ofthe improvements) is: Jackson's Food Stores, Inc. . P.O. Box 52085 DC 17 Phoenix, AZ 85072 ~ The subject property is further identified as Parcel No. 0114 of Lot 11, Magic View Amended Subdivision, Ada County Parcel No. R5443010114. >- In 1995, the owner paid Bitterroot Construction the sum of $41,791.35 to construct a water main and appurtenances across Eagle Road and' across part of the frontage of the subject parcel. )> TIle water improvements constructed clearly benefit the parcels fronting Magic View Drive and Allen Street as well as the subject parcel. )> Property owners who have constructed downstream water improvements similar to this have requested and receivedJatecomer agreements. In regard to Section 9-1-13 of the Meridian City Code, we believe that this meets the letter and the intent of the code: .. II >- The water system extension was constructed by the owner at his own expense in a public right-of-way. >- The extension was constructed with prior approval of the City and in accordance with the standards and designs of the City. >- The extension may be determined by the City, to benefit properties other than the users as has been consistent with other requests on this same line. >- The code does not specify a time limit in which the request must be made. 1;\ WIP\ V ick ie\Ltr.J acksonsFoods.O 1278 OO-CityofMeridian.02.2 5-02.doc Page I of2 ,. As to the numbered requirement of Section 9-1-13: 1. The owner is requesting a duration of the agreement of ten (10) years from the time of construction. 2. The owner is requesting a proportionate share of the actual costs as determined by standard City practice. 3. The owner is not requesting payment of interest. 4. The owner acknowledges the 10% administrative fee. 5. The owner is requesting that a portion of the reimbursement be used to offset fees due under the Namah Laxmi Water Latecomer's Agreement. 6.-10. The owner acknowledges provision of the code. I have attached copies of the invoice and cancelled check for the construction costs and a map indicating the subject parcel. Please contact me if you have questions or need additional information. Sincerely, David A. Bailey, P.E. Ene. cc: Jack Davis, Jackson Foods / A " 1:\ WIP\Vickie\LLr-JacksonsF oods-O 12 7S00-CityotMeridian-02-25 .02.doc Page 2 of2 ~Cl.V..L,;:) c::uaC;:OO"t.,jtJ::l p.3 ....... lr', c r' ,..... 7 i ..J:.JJUI'" J.~:C'KSO~ FOOD STORES. MERIDIAN, IDAHO . , 41,791. 35 ,. 4 L 791 . 35 0.00 0.00 41,791.35 1 11 1 4.-' 1 995 0024 3522 0024 JLoc Total .j 1 , 791 . 3'5 f TCrt.=l Ctleck iI 41, 791. 35 0,00 41,79'1.35 Vendor Numbe-r 244:~ " L......."\..J [...uu "'T..;:)O..::J p.'t ...". . ..' ,"" ",".' c. ,....... ~.: c. '~;',&"ot,_~'01:" -----~..-..:,...:..---------- BITTERROOT CONSTRUCTION, INC. 2106 Chippewa Boise, Idaho 83709 20B-342-01oo SOlD TO We<; t6tZ-N p.O. R"K TO!'rHo l3u l r...])62,.s IB~ f1'1 Af2..C I ~ , ro. B3b39 .' CUSTOMErs Dl\DER . Ie WPtr'lEi!- M St:eVI c..H~ :I:!- I 2> INVOICE SHIP TO JPrcJCSo--tS IHVDlCE Ne. N~ 3522 . 1: - 9>4- ~D eAGLe.. t2:b , Mgu b /).....L XbAt-b 6. '(:fbJ5J CL G:L.107E. I 0 -10 ~q r n~ ,{O,Z.? -qr TOTAL Q J.tlf?" l"oo L'-f "'"~.'....-.o...... Vendor # Ie .,.. Oisl. Periqd ~ I ~::; Due Dale \ 1-,., 1\5- Gross Amt. '-\ I, .., ~ I . 0'=5 - \..,oo~= ..,~ ... '.' GL It _.' _Ami .,L .,_____...___.__ m /(fJ, 'fS'9;6 "1: .7: P,m: DATE II-/J.....qr- t:>O - .. .. reo 1;:J UC: lU:lua ..JaCK uaVlS cUt::lctlCl4389 p.5 BITTERROOT CONSTRUCTIONl INC. 2106 Chippewa Boise, Idaho 83709 (208) 377-2600 WORK ORDER FOR CONTRACT CHANGES DATE: IO-2.7.-C1S- QSIZ- I"o~' oRo(~ >10. 0"0("'0 ro" t:YSTo..ER Of; ORoCR R[CCIYEO 8r: ornCE NO. JOb NO ~"'104[ Of JOB: J08 AD OR E55; :rA-CK.5CN.5 STCf2C:S EAGcc r2...D r - ",....t Of C\J:STQMl;A~ !UI..\..ltoIG ,l,OD:R.(SS: riD l$u 1l....C>E:e.S ~ 7~ c. 1- L 4cx)'''.:' '2. 55~ 14-0~ ['Oo~ 1Z-~ e. 4-5 ':? f'Il..rm&..JT of- TA,c [,A..3> 59) 3C:(:l ~ 3, [ 1. Z ~.J 4 ~ 10 4;:1- 1[. 3, $'9 r "35 I'DTi"rt. Co!. r 1 S" '/- 6rf': CUSTOMER AUTHORIZ,ATION TtiT7J-L. NO, OAr(; o WRITHN ORDER. NO o SASCO ON ouR cSlI...n: o <4CAao\L ORO.(!1': OAlt: >/0 OAlt; NOTE TO CUSTOMER: THE ABOVE WORK; IS A CHANC:;E IN THE SCOPE OF OUR CONTRACT. WITH A COPY OF THIS WORt<: ORDER WE ARE NOT. IFYING OUA FIEI..O FORCES TO PROCEED WITH THE WORt<: wITH TtiE UNDERSTANDING tHAT THE PAICE AND TIME REOUIRED FOR THIS CHANGE ARE: .. o 'TO 6E SoJ61ollrTED UTtR 0 SY 8 Mil TED 0 ..p,. ~Oy EO P[NO~N'G ~PPAO"''''\. TIME E:XTENSiO", FIXED PRiCE CONTRACT CHANGE $ S GUARANTE:E:O MAXIMUM CO~TRACT CHANGE ~ $ FE:E: CHANGE $ ~ OTHER 5'U' u: f::.A E}. '2.. f:;A Z. E:A ? ~,.. A- f:;.o- t:.fl "",,"",,uc::.oo"""'t.:JO;:j ----....-- tlf.~1- \ 0 .. b r1 " I B P \/ C P IpL \ Z. " t:::> r Irf P 'Nr:. c;. L.C€:Yc. \ 0" tk1 r FL A,J(".6 T M f>/..Jh Y.IttY'C \ 0" "" r'f(]. F L.~ 1C:6 {,..' t'ti r t r: t,.NJ 9f. 6.Jr'l"€:. '.j I'(...I/G flee. Hy~VTNr 10'" A-~. (1od" ~~ 10" MJ <;0(,..11> pwG ~ ~5' ~Cd5 ~ b,A-b ~ \q~.~ Z bL ~o b; 9"1, ~ , I(:;>~ \ ~ ".- .. ~... .....i:1 a t o~ Dl' tl) f> ltC, .r tpg 11 ( 10 T/'r{ pc~~. $~ \D" FV>rlb(: l f'~ r^fP~Nc. ,,~ tO~ fl.trr4tP6 B ~ N.~6. ~-r 10" '" ~jlC fLt1,..t..~ -:r~ b'~ v'..U" Ft.Mf,.(; f..,M"6 'l.1t<J.iC FIa6 HY~ ~13 S c..5.":' b,4b--::' 5"Z..D u: f:,. \ f:k 3 I:A- f;t. "2.- t:,A '2. s+ cf, 3- f:A f:;A (:J, I E;A -r CIr , . . . . ~J . t 6 .:- ,qe:>~ \O~,.. A-S:' 1\'\1 1\ F~66 (;-~ , \ 0'" A- 5" t\-\! l::t.$o.....l 10 't"- f~;l) I~ to" ()1 r { FtC::> ,f.T'[)/'rP,rf::2... \0" M1') ~(;.e. ~6. ~e. \0" ~(... M.6~,o LUG:> '2,(;, L.~ ~q.a,.~ 1 ~~.3:6- ., \C} ~ :3 ,cf5., t;2 ,q l. b.t 5:(,/'1, ~ '7e'€ h~ 'tll n c:::NAt-, wsr Cf "/'r1X,CS .; F I TTl~ F'O .. '2.1 e~ ~ ~tQS .,' bA-b<::" ~.! ~ ,-.: 5~1>2 . \ >,G t>, e>:' . A '7 ~...J' '3B":'" ~ be:>.2?,.:=:: . 21 f>1- ". $~5.- ~~.;: 4e~ t qe>~ s?A- ~ . l ~ ~ e .-: \ 5e:.,Jj- 1~7 ~ ~ P? ..,. ,,\ GA- r ~,~9.-::: . ~ f2.\,'1Z-. S;?, \"!. lor ?} >- " JACKSCSN'S FOOD <3TORES EW ROS ,-- i ' L-.... - Parcels Subdivisions ,-' ~_I t-++ Streets .' . collector -local - minor art -prin_arter -interstate t-++ railroad '11-~II--1_JrTj 000' LI: ! I I I 1". '.-:, -II il r ~'">i.." i ;: FA1RMi'INGi 'I I 1] I I l' i i"" .'''...",.~, ;H I I::i:::: / ---1-- I '. ," w I~~;;:".~. . .....~ I J \ E i _lJ .. 2. i I // .J..........~.7/l~I...'~'.erl~.L~ lD..;:.~..;I;~~'.(. gJ;~~Blle t'.J /\ I 1 I '~ l--r-rl" 1'1,,-"'1..-. ..:~;;..~s~.Blti.GW O[) ~""w J l--.J'I':-' ....'-<.., 1/, ! 'I J j I 1 [,...( :.;/..~.~-rr~I...:_ J I I I "::'. JIJi'~ -:-'... 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I I' . .," .' ~ --- I I -~ 'ME::LLS "1"0<:: ...::.... ""'-". I~ .~.u; ...:.....\ri'i ...;:>.,. ..---'~- i! \ r::"'~ ..__...~. ~~I~~:lAL , ...........\\{i;.... .. ,~T S ~o. oi.."-,,.;:~;::':: -,." ~__j_v_-j._~..~'"~- ii\ftE RSTATE "84 - -- --- _...- ~ --~ ..---_.....-~_.-.. - [---: -19J~,;.3~ N SCALE 1 : 9,600 A ,- ;r /'"""I """" """". I ; I 500 0 500 1,000 1,500 FEET http://clO 25/hu b bl e/hu bbl e2. mwf Tuesday, February 26, 2002 9:21 AM HUBBLE ENGINEERING, INC. 701 S. Allen St., Suite 102 III Meridian, ID 83642 208/322-8992 III Fax 208/378-0329 April 9,2002 RECEIVED APR 1 1 2002 Mr. Will Berg City of Meridian 660 E. Watertower, Suite 200 Meridian, ID 83642 City of Meridi~n City Clerk OffICi' RE: Jackson's Food Stores Latecomer's Agreement Dear Mr. Berg and Council Members: I discussed our proposed latecomer's agreement for Jackson's Food Stores last week with Bruce Freckleton of your Public Works Department and he indicated that the matter had been brought before the council and was dismissed. Neither my firm nor Jackson's Food Stores were noticed that this item was to be heard and Bruce confirmed that no notice was given since the discussion came up during staff reports. We feel that our representation of this issue to the council is important and are hereby requesting that our request for a latecomer's agreement be placed on your regular agenda for hearing at the earliest opportunity. If you have any questions regarding this matter, please feel free to call me. Sincerely, David A. Bailey, P.E. President, Hubble Engineering, Inc. cc: Jack Davis, Jackson's Food Stores 1:\ WIPWickic\Ltr-J acksonsFoods- WilIBerg-04-09-02.doc i \ ~. (J I 1 -, g era HUBBLE ENGINEERING, INC. 701 S. Allen St., Suite 102 . Meridian, ID 83642 208/322-8992 . Fax 208/378-0329 February 25, 2002 Mr. Bruce Freckleton City of Meridian 660 E. Watertower, Suite 200 Meridian, ID 83642 RE: Jacksonts Food Stores Latecomer Agreement Dear Mr. Freckleton: We are requesting, on behalf of Jackson's Food Stores .~hat the City of Meridian enter into a Water Latecomer's Agreement with Jackson Food Stores in accordance with Section 9-1-13 "Cooperative or Reimbursement Agreementsll of the Meridian City Code. The details of the request are as follows: );> The subject property is located at 625 N. Eagle Road, Meridian, ID 83642 )> The current owner (and owner at the time of the improvements) is: Jackson's Food Stores, Inc. P.O. Box 52085 DC17 Phoenix, AZ 85072 );> The subject property is further identified as Parcel No. 0114 of Lot 11, Magic View Amended Subdivision, Ada County Parcel No. R5443010114. );> In 1995, the owner paid Bitterroot Construction the sum of $41,791.35 to construct a water main and appurtenances across Eagle Road and" across part of the frontage of the subject parcel. >- The water improvements constructed clearly benefit the parcels fronting Magic View Drive and Allen Street as well as the subject parcel. );> Property owners who have constructed downstream water improvements similar to this have requested and received latecomer agreements. In regard to Section 9-1-13 of the Meridian City Code, we believe that this meets the letter and the intent of the code: .. ... );> The water system extension was constructed by the owner at his own expense in a public right-of-way. );> The extension was constructed with prior approval of the City and in accordance with the standards and designs of the City. );> The extension may be determined by the City, to benefit properties other than the users as has been consistent with other requests on tlus same line. );> The code does not specify a time limit in which the request must be made. 1:\ WIP\ Vickie\Ltr-JacksonsFoods-O 1278 OO.CityolMerid i nn-02-25 -02.doc Page 1 of2 As to the numbered requirement of Section 9~ 1-13: 1. The owner is requesting a duration of the agreement often (10) years from the time of construction. 2. The owner is requesting a proportionate share of the actual costs as determined by standard City practice. 3. The owner is not requesting payment of interest. 4. The owner acknowledges the 10% administrative fee. 5. The owner is requesting that a portion of the reimbursement be used to offset fees due under the Namah Laxmi Water Latecomer's Agreement. 6.~10. The owner aclmowledges provision of the code. I have attached copies of the invoice and cancelled check for the construction costs and a map indicating the subject parcel. Please contact me if you have questions or need additional information. Sincerely, David A. Bailey, P.E. Ene. cc: Jack Davis, Jackson Foods ~ ,. 1:\ WIP\ V ickic\Ltr.J acksollsFoods-O 12 7800-C it yo lMcridian-02-2 5-02.doc Page 2 of2 Feb 18 02 10:08<3 Jack D<3vis 2D82884388 ( p.3 .I . >. ,..__."-.~---~...- --. 1"', t:; r ,...... 7 I. .J ~, d U I J.-;;C'KSO~ FOOD STORES · MERIDIAN, IDAHO I' , . . . . 41,791,35 D.OO 0.00 41,791.35 i 1/1 4 ;' 1 99 5 0024 3522 41. 791. 35 0024 liLoc Total .ij 1 , 791 . 3'5 If TCtt~l C\',eck. ~ 41. 791. 35 0.00 41 , 791. 35 Vc-no qr Numb H' 244:'; Feb 19 02 10: lOa Jack Davis 2082884389 ( I~~\L~~~ ... ,. III BITTERROOT CONSTRUCTION, INC. 2106 Chippewa Boise, Idaho 83709 208-342~0100 SOLD TO we; i6tZN TO /'rHo l3u ll"b~5 p. 0, E~ K I B~ I'll AR..-r. / ~ , I'D . B3b39 CUSTOMErs OlI,DER . Ie WPtr'Ei!- M St:;eVI c.H~ it f 2> . _____ PI INVOICE p.4 c ,'. --...-......-- mOIeE NO. N~ 3522 SHIP TO "JPrCK:.rCN-S :C- ~ ~D eAGLe- t2:D I MYU bIA,..{.. XhA+b 6- x:.ibJ5[ f:L &.! D7E:. bft'lG) ,(o<l? -qr TOTA-L ,Q If tp.) [,.00 .2...'1- ~..,.",c. Vendor # \ '1--/ IS' Disl. Periqd ~ J '=\ 5 Due Date Gross Amt. '-\ I, .., ~ I. .:;"lS . \'Ioc:::r-= . tI. .. ~r. GL# .... _Amt ..L .,___.__..._.____ m 0.:' .~ /(J. '(S'9b ,o,m: DATE jl-/d.-.-C1:r t 36 2 ~ '" '" Feb 19 02 10: lOa Jack Davis 2082884389 ;. I p.5 BITTERROOT CONSTRUCTION, INC. 2106 Chippewa Boise, Idaho 83709 (208) 377-2600 WORK ORDER FOR CONTRACT CHANGES DA TE: lo-2.7.-Cfr qS I 2... I "OR~ ORO(R NO. ORO(R~O fOI< C.U5l0"~~ 6T, O.O~R A ~CEI.~t> aT, OHfeE NO, )08 NO. N"""[ OF Jon: J08 .lOOR [55: -:JA"crCScN.5 5TCi2C:S EA,-&G& Q.j) T - elccl~C; ~OOR~55: "'.....t or Cv,fO~E~: Ho t$ U I L. [) E::e.S Ai..T7I1 &IT e 7t;!:. c. 1-[ J 4(X) o~ '2. 55 ':: 14-0~ (eO~ I z... ~ e. 4S';:? /Yl.:rJrIGJ( +- TA)( I ,Ll.~ 5~1 3co~ 3, { "Z. 'Z. ClJ 4& 10 4:S" 1f 3,~9 /35 1,.J C~ HJ6- /b17'rt- CO!. r ls-'/~ Drf': CUSTOMER AUTHORIZATION Ttrm-L- NO D.Lf[ ~ o WRln~" ORO~R NO o 5"'S[0 Oli OuR E:SnMA1L o .,.(R B""l OROCFL 0^1(: "0 DAlE: NOTE TO CUSTOMER: TME ABOVE WORK IS A CHANGE IN THE SCOPE O~ OUR CONTRACT. WITH A COP'" OF THIS WORK ORDER WE ARE NOT. IFYING OUR FIELD FORCES TO PROCEED wITH THE WORK WITH THE UNOERSTANDING IHAT THE PRICE AND TIME REQUIRED FDR THIS CHANGE ARE: .. o .TO BE SUaMITHCl ~'TlR 0 5U 0 "" HO 0 II,PPROYto P(NOlNG .JfJPRQVa..L. TI ME E XTE;NS I Of" FIXED FR I CE CONTRACT CHANGE $ I GUARANTEED MAXI MUM COl:ilTRACT CHANGE 1 ~ " I'"EE: CMANGE $ I OTHER Feb 19 02 10:11a Jack Davis _ ('A?J.QI t-,l.ftl.: ?'P E ~ e I IT. ~" U2'L 57-0 LF \0" Dil..1 B pvc. r1pt. t S4 12.. ~ J:J LV P 'N". <;. utNc. 04 10' ,\on { Fr. A,J(,.C Tit{ fH,Jb," ItLvc. '2. CA 10~' (.. 1'Y\J << FL.~ 1C6 2- cA- b" t\U ~ f= LM~ 6..It'I'E. '" M.. >JG "2- ~A FleE Hyt>tANr A- b>- iO" · 4';;- f'-'Jt{,.~ l:.A 10" MT )'D<...J b pWcS J~.,~~E:::I> Pi 'P(. 57-0 u: E:.A f::ft "3 f:::A- 1:" 2- t.A '2. bI- f:::/I 3 h1 t::A- c... cPt I b i.1 . ~Ll2I=-- I D' DL -I e:. P- \f.(. .r If{. 11. 10 Ttr( fll-~r... S~ 10" F\.-M.b"= . F'~ 'J/'tfPUJG. v~ 10- ft.....~ B~N.-6t ~-r 10' b (\'IT x f\.f'J,..t.~~ ~~ b" 'l'vU' Ft.M6oc:; ~..... t't-<JJ6 FlCt6 HY~ \0-" 4---:;' f\1T I( FLM6tf 6-~ . I 0 ". A--.s a /'\-\f l;:t.. e. o...J 10 1 c.. f~Sl> T~ 10" (1'1 J y Ftc" /tb/'VJ.fE:IL \ 0" tv1 j,. H..J"l',J ,;,e. 6rlrre. \fA<.J.l €... \ 0" f'JC Wl6(;.P Lv G:r 2082884389 ( p.G ~ ~5' '2.'" 8"2. "2 - ~ (d5 0;: t;; ,=-S '.' bkb~ '-:.A-b c:" , , t '7 f:J. ~ ~.~ b ,-.: Z bL ~o 5~.~ ~ 9'7, :- ' \ :',"1 t>. C): \ , ~, ex> A-7~".1' \ ,- j.. j;;) ." -;e":'" - bt:>.2?.~ 6"1.:? 5r..5,~ b.4b":" Zl ea.. '" Se-5 - ~~~. 4e.~ 1 ~..~ ,q~~ lqb.~ S~~ t~ 95,-:" I S'f;lJ.f ~~7 :'" ~P?~ . ~I '4 "fC'" 'Z,~1..~ '" era, ~ 1 :5~,~ 'j \ Cj ~ 3.9'5.~ ,9" 1,b1- >.~9, -: 55'O~S: t2,\ .':1Z-. ~, 5:(0"'1, ~., 7e~ t'!. b -, S] ~~ hi n~. LOST q:: "1'rUi:8 ~. F! TTl~ " " ;~DA COUNTY RECORDER J. \l.~X~~. ~J~~~~i~RO ~ 2002 HY I 6 Mi II: 2 I .{. 't ~ECORDED - REQU ST OF Fr \/IJ) or:r . , hi J ~ j -~~- h, V 1__ __"_.. VV-(5 102056125 :_ MER!DJAN CHV CITY OF MERIDIAN ORDINANCE NO. 1/2---'14-9 AN ORDINANCE FINDING THAT CERTAIN LAND OWNED BY THE MCBIRNEY PROPERTY TRUST TO BE KNOWN AS SUNDANCE SUBDIVISION LOCATED AT THE NORTHEAST CORNER OF E. USTICK ROAD AND N. MERIDIAN 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 IDAI-IO; 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 CLERIC OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-Ol-012) - 1 A parcel of land located in the SWl/4 of Section 31, Township 4 North, Range I East, the SE lJ4 of Section 36, Township 4 North, Range 1 West, and the NW lJ4 of Section 6, Tovvnship 3 North, Range 1 East, Boise Meridian; Ada County, Idaho; being more particularly described as follows: Commencing at the southwest corner of the SW lJ4 of Section 31, Township 4 North, Range 1 East, Boise Meridian, the REAL POINT OF BEGINNING of this description; Thence N 89035'39" W 25.00 feet to a point on the west right-of-way line of Meridian Road; Thence N 00050'16" E 1919.33 feet along said west right-of-way to a point; Thence S 89035'39" E 1655.04 feet to a point; Thence S 00050' 16" W 1964.33 feet to a point on the south right-oE-way line of Ustick Road; Along said south right-of-way; Thence N 89035'39" W 538.34 feet to a point; Thence N 00050' 16" E 20.00 feet to a point; Thence N 89035'39" W 1091.70 feet to a point on the west line of the NW 1J4 of Section 6, Township 3 North, Range 1 East, Boise Meridian; Leaving said south right-of-way; Thence N 00050'16" E 25.00 feet to the REAL POINT OF BEGINNING of this description, said parcel comprising 74.10 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. ANNEXATION AND ZONING ORDINANCE (AZ-OI-012) - 2 SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium Density Residential District (R~8). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code 963-2215 and 950-223. ANNEXATION AND ZONING ORDINANCE (AZ-OI-012) - 3 ( PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 71!::- day of /J? af' ' 2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7^'1f- day of jJ/Z/lP- , 2002. R \\\ll1ll11trUII' \\\\ f &~C: '111 \.\\ _I 0 Illh_FiJI' II" ,\ :'\ '\ VI I,.. ATTEST: 2'~ () o~POR4 ~t; ~~ { ~() '~ \ -S ~...:.. p ~/ ~ () ~ SEAL ~ ~("1LERK I~ J;---- ~ 7vQ ~?) 2 First Reading: ~ -7- CJ 2- ~ 110 us]" 1Si . P :2 - //.... ""1 ,.., ,()"i' .....,.:::- Adopted after first reading PY: suspt,:/~;mQJ'}Jtyfrth~\\Rllle as allowed pursuant to Idaho Code 50-902 Yes: X IJIIINm\\\\\\:- Second Reading: .,-- , Third Reading: STATE OF IDAHO,) 5S. County of Ada. ) On this~ay Of----1Yl~ ,2002, before me, the undersigned, a NotalY Public in and for said State, personally, ppeared ROBERT D. COIUUE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. $\ll\!lWliilJ~~ (>$ ON S~~ _~~.~t;T~~.k~. c~,'.:::;. :.A '#A". Q I , ~ (SEAL) c: f l III a 1 I m a , . 0 U \ , I!i \l> \ / Q ~9 _t>'.. .b,.-"iC~' Q .'.r").,....-:._U.Hl,.,J.:;... . ~...."'!~---- <1>. .co(~OF!O:.1> Z:\Work\M\tv[eridian\iVte'i'i!llRrr"~360M\Sundance Sub AZO 1-0] 2 PPO 1-0 15 CUPO 1-026\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-Ol-012) - 4 ~ - 3: W I'" I It . ......00)(0[0 Zn-- a:inbb ;;'j t'l. ~ aJ"'o8 ~zz W -' lD i5 W;!:OOO zClqqC! :JZIOOIO ~ """ ('I !t:!~('I1') ~....J.J'-J ,rr"1796t M,,9l,Og.OOS ,~T'6l6 t 3,,9l~OON VI W a: u < d z a: ~ < ~ Oll NVI<J11l3Vi N 2 o (f)?= >rr. Oz ())v :::>f- ci(/) zwr;) wOz 020 z<cG <(o~ 25 O(f) 0::: o o o ('I z~~ <( -U) -::>1') Q(Ilro lYr:r.o w~~ :::2:00 1-- LL~~ 0<- 3:9 >- "eJ I-w::l! ug to o ~ :>: aJ ~ 0:: o 8 ~;n- z'- .. I') w .. :;;! ~ O<%; o '" 1:1 ~ ::> w "f m:.t- 1')1') iooO ~I') all() 0Cl Z I ~1 ;s; ~ "0 I~ r-; t0m OlD OJ Z ;;; ::i f'l CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Ta.,'( Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, _ State of Idaho, do hereby certify that the attached copy of Ordinance No. t? 2,- 91-1' passed by the City Council of the City of Meridian, on the 713:- day of 1)1Citf-., 2002, is a true and correct copy of the original of said document which is in the &re, custody and control of the City Clerk of the City of Meridian. \\\\\lIIIIIII/1i1 "'\~~ Of MER/~~"'.'.' dL f'a rp?-f'OR41"(:; '1-- ~\_~ ~ ~ 2 ~ <? ~ ~-- jlp - - €h - - /!/f..-C,u- // ~ SEAL ~WILLIAM G. BERG, JR. // 7. &:: ,.. (;../:'1 ~J 0::- -;:...., 'Vlj" .::: ~ "0 o.:J r 1S\ . ~ $ "" 'A'f f,) ~ " STATE OF IDAHC1111 COUNT'< . '\ \\"", 11/. \\\ 111f/iJ:1I1$~~\\ County of Ada, ) On this 1~ day of -WL cui! ' in the year ZtJoZ..., before me, f~h.CL((ry\ Stv\..,( -t~ I a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and ac1G1owledged to me that he executed the same on behalf of the City of Meridian. (SEAL) .eIi:SloDWC).tJ.& ~<><) (~tN~~~$ ~~OT~;:,C;~e :~f "'V \~~~ all e .. I , I!l 11 I , /1J o \ I III '/:l \ I III '\.<.P~...~l~~~<>Q <l'1I>1?:&OF1P~<>< 11>",,,..,,,,,. ~lQvUO\ SY'fu~'~ Notary Public for Idaho Commission Expires: 1-?~ c;( -06 Z:\ W ork\M\Meri dian\Meri dian 153 60M\Su nd anee Su b AZO 1-0 ] 2 PPO I -0 15 CU PO 1-02 6\Certi fj ea ti onO fClerkOrd. doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-Ol -012 1 ,,1,OA C. .OUN.TY R.EC ORDER ~ ,J. O/WIO H/'NARRO l~,",,,,^ J["" p,~ ..1\1 . ,1,') ".:+., I;~) ~ 2002 HY I 6 fJl11: 21 FE:;a:.E:~~ i02056124 "" dVU'::i1J1..J1AI\f cUy CITY OF MERIDIAN ORDINANCE NO. G+- tJ2--r~O AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS FRANKLIN MINI STORAGE THE LOCATION OF WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C~G); AND DECLARING THAT SAID lAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERI( OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-OI-Oll) - 1 ANNEXATION DESCRIPTION FOR RON OSBORNE A parcel of land located in the E. V2, E. lh, Northwest 1f4, Section 17, Township 3 North, Range 1 East, Boise, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner Section 17, T. 3N., R. IE., B.M., Idaho, thence N. 89032'15" E along the north line of Northwest 1/4 Section 17, 992.28 feet to a point being the northwest corner of E 1/2, E 1;2, NW 1/4 of said Section 17, the Real Point of Beginning of this description Thence S 00002'16" E 40.00 feet to a point on the south right of way of Franklin Road; Thence continuing S 00002'16" E along the west line of the E 1f2 E 1f2 Northwest 1f4 said Section 17 1289.18 feet to a point on the north line of Snorting Bull Subdivision, on record at the Ada County Recorders Office in Book 81 of Plats, at Pages 8764 through 8772; Thence N 89030'50" E along said north line 330.99 feet to the Southwest corner of said Greenhill Estates Subdivision, on record at the Ada County Recorders Office in Book 35 of Plats, at Page 3000; Thence N 00002'52" W along the west line of said Greenhill Estates Subdivision 1289.05 feet to a point on the south right-of-way of Franldin Road; Thence continuing N 00002'52" W 40.00 feet to the N 1/4 corner of said Section 17; Thence S 89032'15" W 330.76 feet along the north line of NW 1f4, to the Point of Beginning of this description. Said parcel contains 10.09 acres, more or less. ANNEXATION AND ZONING ORDINANCE (AZ-OI-Oll) - 2 SECTION 2: That the above~described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned General Retail .And Service Commercial District (C~G). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance vvith this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the 215/7 day of ~n 2 ,'2&P2-, and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herevvith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, vvithin ten (10) days follovving the effective date of this ordinance, dilly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries ANNEXATION AND ZONING ORDINANCE (AZ-OI-Oll) - 3 of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to "wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code 963-2215 and 950-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7..fi:.. day of 11..1 tll/L , re&l-2-o@2.- . / APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7'13- day of /l1aPJ" , 2i1tTt 2-oc? 2- # MAYOR ATTEST: ~Jk~ ~;)e1c 9~ CITY CLERI( \\\\\111111/111/ \\\ Mill .........\\~ of Eff/D 11/// ...,' ~ ~A /........ .t CJ O~POR.'1 h l/ ~ .::- _.[) $'A ~ ~ ~ v ~ - ~ ~ ~ - - - SEAL - ~ 7. & ~ ~ CoQ ~~ 2 ~ 110 uSr 13\ ' "/ .p $" ~'//;,y --,-,~ ~ ~~ $" "//// 00: 10 '-c,{ ,\V ""... III V. . , \\\\ 111111 't ~: f~ ~'I;\\' ANNEXATION AND ZONING ORDINANCE (AZ-Ol-Oll) - 4 ( STATE OF IDAHO,) ss. County of Ada. ) r rzoce On this fl day of 17) fJ..,f/j , 2Be-t, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the vvithin instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) u>iI'Il\'ll~Ql1 QO<:> ~}if.~SJ;Ib. it'" ,/o'IA ~..~$o -ill ,~ ~ 4..J!( ).. ".......f> "CI:J' ."V v--- '..,.....11 '" , I tI o : ~ fa '" \ I III '" \ I e " , I Q t'l \ I r., o ..b.._-c' ~ $. U'~..~U.tlL1! ~~o q, <> q, ....~;;:,---~~ ~, q, <>q-<.qOF1Qe~<> 1.)"""'11"'''' 9n OJ2 JYj ~rvv --f?v NOTARYPUBUCFORIDAHO RESIDING AT: Ad a Lv;;f/v;1;t/f ...};/dJz.u MY COMMISSION EXPlRES:'-'1~Z.?-os- Z:\Work\M\Meridian\Meridian 15360M\Franklin Mini Storage AZO I-a II CUPO I-024\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-Ol-Oll) - 5 ~ --------- "l .SO'6gZ~ (( ? M"Z9 ;Z;O.OO N -(jl in (jl ~ 6 -C'\ rf) rf) rf) . '" ~ ,9V69Z ~ ~ ~ 3..9~.ZO.OOS \.1...Z 5 0- ~ Z I-Z 4It ~<5 ~ ow w o...lD ~~ \ w ('\W&. ~ z ~ (X:~ 601- z~~ wO"'" ozz ~o~ -:;t(X:() =::: \(A o cr:. o 4: 'in u.l \\0 o ..., In -;; co ~ ! Zu.l~ ~ 4. t:: to - ::)~ (:) (11 QO ~~~ uJ ~4. ~~9 ll--- ~ .t 04~ ~~ )- .1.1.1 \- w-:s -0 ()to to '6 -.....; ~'!? z::' w':': :.t\!! 04 (110 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIA1v1 G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. {).2 ;-q 5" 0 passed by the City Council of the City of Meridian, on the 7-fj2 day of /J/Z ti I/f-. , 2001, is a true and correct copy of the original of said document which is in the? care, custody and control of the City Clerk of the City of Meridian. \\\\ll\ltlillil/J \\\ .- ~t.- I" '\"'-1 or l"ll::.f\'p~ /111 \, .... ~..FI I ..:~' ~ o~~ .'1..-1- -::-;; ~ (j o'PP. "i 7;Y -;.. .:.- ~.p <"0 s :: ~ ~ - - - - - - ::: ~ ~ -, []:: ~ vQ ~o::: ~ "1^ us, 15""\ ' .:t:-.f -;. VA ,'" " 'l "} ~' " STATE OF ID~\3Ti ' ~\\,\" '111 11/ fJ II !\ II \ \ \ \: ss. J~P~1~ WILLIA1v1 G. BERG, JR. County of Ada, ) ~'i '\~ 11/1 "I / J. ) 'ZuD2- On this. . L day of. 1" I, {~ 0 ' in the year WtH, before me, 5ShCU\fI\ S (Yu.... ~ , a Notaty Public, appeared WILLIA1v1 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 aclGlowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) e'll\"HI~,,1I'1 e.<)<i>ON s~ b~~oi~;:~~~e : ~ I "'7 ~..-v'~ u I ~ 'll\ ~ \ L1 ,= \'1 \ fli -0. \ (} '" \ .b:r_.C (} <> 0' "..: u.l:n,,~ :,':/{J (> . ') ~.;,;.--~.;;;~+. b'il:,.uQF)..lJ:OO ~"""I!i"'''' 0nlllo'l~itv Notary Public for Idaho Commission Expires: 01- z<;j -0 S- Z:\Work\M\Meridian\Meridian 15360M\Franklin Mini Storage AZ01-011 GUP01-024\CertificalionOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN - (AZ-OI-011) RECORDED ~ RE UEST Of !\DA COUNTY RECORDER ~ J, 9..,~,%.IQ fl~Y0~RO I ^r{J;)/ f. ,,' !(.'I "..1 \jltt"'tJ FEE_ O~ ~ I '~ 20fiH1Y I 6 AN f I: 2 I 102056123 MERIDIAN CITY CITY OF MERIDIAN ORDINANCE NO. 02- 9:;-/ AN ORDINANCE FINDING THAT CERTAIN LAND OWNED BY MARVIN AND VIOLET WERTH LOCATED AT 2150 S. LOCUST GROVE 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 LOW DENSITY RESIDENTIAL DISTRICT (R-4); AND DECLARlNG THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERI( OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-02-001) - 1 A tract of land lying in the NW 1/4 SW 1/4 NW1/4, Section 20, T.3N., R.IE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the northwest corner of the aforesaid Section 20 and running thence South 0012'48" West, 1327.37 feet, to the North 1/16 corner of said Section 20; thence South 0011 '47" West continuing along the West boundary of said Section 20, 377.38 feet to the REAL POINT OF BEGINNING; thence North 89036'54" East, 33.00 feet to the eastern right-of-way line of Locust Grove Road; thence continuing North 89036'54" East, 157.00 feet; thence South 4P44'18" East, parallel to the southwestern boundary of Rim View Subdivision and the center of the Nine Mile Drain, 171.00 feet; thence North 89036'54" East, 86.84 feet to the center of said drain; thence South 4P44'18" East, along said centerline, 59.99 feet; thence South 89036'54" West, 398.21 feet to the aforementioned East right-of-way line; thence South 89036'54" West, 33.00 feet to the West boundary of said Section 20; thence North 0011'47" East, along said section line 173.40 feet to the Point of Beginning. Prepared from record data as represented on 1997 Record of Survey #3842, filed in the Records of Ada County as Instrument #97027482 by Professional Land Surveyor #6373 and containing 1.15 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Low Density Residential District (RA). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. ANNEXATION AND ZONING ORDINANCE (AZ-02-001) - 2 SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of the Administrative Staff as outlined in the Annexation and Zoning Findings of Fact and Conclusions of Law of the land described in Section I, and any uses are to be developed under medium density residential. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code 63-2215 and 50-223. ANNEXATION AND ZONING ORDINANCE (AZ-02-001) - 3 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 711:-- day of IJ1tttt , 2002. . f APPROVE;!! BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7%- day of flLa/, ' 2002. . ~. MAYOR - \\111 1111 1J/1111 ATTEST: \\\\\',..:e. ~I/I', ~, .... U'I 11.- j "<b ~ /d:- -'Cfl'i'l'OIl4?;, "'\ d~ ~ . _r ~ ~- 0 ~ CITY CLERI( '1 , .~ . SEAL ~ First Reading: 5 ---7-02- S .R 0 i Adopted after first readi1"%.~ liS1 f:\,jN~ Rule as allowed'pursuant to ;,. "1 ~~~. ~ Idaho Code 50-902 Yes~, '{ r'nN,'" . ~ ~ Second Readmg: 11111/1111111\\\ Third Reading: - STATE OF IDAHO,) : ss. County of Ada. ) On this 1~day of 'YV\0JJ..j , 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the daY$~W~~ first above written. &o~:J:9-----~++ (\ (1 :~~r~o'tA..t?J:'~~ uhCUVvvt0YliU~ (SEAL) : { \ : NOTARY PUBLIC J;OR IDAHO , ~ \ 1 : RESIDING AT: AcAo.- eOlf.N\.~ (JdoJw 'Co" cl...0 6 ".~&~"~\~~~+. MY COMMISSION EXPIRES: Ll-2%-O Z:\Work\M\Meridian\M~~~erth Marvin AZ02-001\AZOrd.doc (.>QmmtlG"''l' ANNEXATION AND ZONING ORDINANCE (AZ-02-001) - 4 ~ z 0 w V) 5 Ci (tJ 0: ::J Cl Cf) I U 0::: (f):J OI .....JU ~ lsm01 S l.J...0 OZ Z f-Z Z- .",..0 - w w w w ;U ~ ~ W 0 ':.:t ';.r OJ ':.:t OJ ':q- ':q- " Z If) !D .- If) .- LC) LC) ~ 0::: (!) (!) ~ (!) ':.q. to to .- <( 1'0 1'0 :d" ~ :d" ~ ~ .- w 01 . b Q) ~ m ..- m m (D CO OJ CX) .q- CX) OJ a z Z en Z (f) (f) (f) Z W .....J (D <( f- I a a .- 0 0 0 """ m (".J ~ W f- a 0 0 OJ m 0 C> OJ r-r) Z Z to " ..- (Q m 0'1 to ::J w to LO " CX) If) to to " .....J ..- ..- .- w N to v Lf.l (0 " 00 Z .- -' .....J .....J .....J .....J .....J .....J -' ::J 0: Cl l- I- ~ (I'l (I'l y z ::;: <..J 0 0:: F LL....J w !::...J ~ W 0:- :3 o:J: 0 In W W W " .....J 91 :::; Ul ........ I >= ?- m ~ 0::: 0 ~ W w 0 N <C :s: ..- Zl:!:!~ 0:: \ ~ 0 <( - (() ~ I- z - ::II") W o UlCO 1'0 fr:: ri 0 ~ f- '0 W4JI 0 :;:<C 0- 200 z> (".J 1-- lJ...O::z W~ z O~~ 0 3::9 U f- >- .1:5 Zz U N I- W::i: ~ <(> w ug (f) N ZO::: CD Ul~ 1-....... 0<( z '<t O:::~ W ...J~ 0 ()<( UlO CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 02 -;-c;:; / passed by the City Council of the City of Meridian, on the 7'/!:: day of n a CIJ , 2002, is a true and correct copy of the original of said document which is in the custody and control of the City Clerk of the City of Meridian. \\\\\1111111/11, \\\\ ME 1111 \'\\_IOf 'RID, 111I ~ " ~ -.. "-1 ....... j"'~ c} .;p<?/i'OR.4 l'(:'o ~ "'\ ~~' /~ _ /... /. d '. ~ _ - ~~/crL/d'Vl-~( . ~ SEAL ~ WILLIAM G. BERG, JR. . :., B:::- ,,<::-Q oft ...0 2 ~ 1'^ USr 1S\ . '<' $' '/ ......, t-(' ~ STATE OF IDAHf4,., COU1\)Ti ,~\\,\..., II,! . \\\\ II III '11:> 1I3~ ~ County of Ada, ) On this 1~ day of uyv[~ ,in the year WD'Z-, before 111e, ;S\rt Q.A.CVl ~_~ , a Notary Public, appeared WILLIAM G. BERG, JR., IG10W11 or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and aclG10wledged to me that he executed the same on behalf of the City of Meridian. t\l!ltlllltlQ(iJ ..... N S.A::'. QiJ.$ .....O..";fA~::V.k$ IiII:l /~ -~~'\~$fJ. l1(%) t "'Y' \ III <I { , p .. I I 1lI " l I tl .. l J to " \ , lJ '" \ !bm.;C' I.] ;> _n"', 1:1 ~/if .. u-")...... .I~...". ~$.(.i<{';;;:'~-"~ .;- 4' ....t;!;OF~;:.. "iii......."'.. (SEAL) ~hculJn~c ~ Notary Public for Idaho Commission Expires: 1- Z8'-o$'" Z:W./ork\M\Meridian\Meridian 15360M\W crth Marvi n AZ02-00 1 \CertificationOfC1erkOrd.doc CERTIFICA nON OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-OI-014 1 JACKSC,N'S FOOD STORES [] r--'- L_" ,-1 ._._1 ROS . Parcels Subdivisions +-+-+ Streets collector '--Iocal - minor art -prin_arter -interstate +-+-+ railroad . ! !! I i cd i Iii I I i I I'. ".., C - , I ['j",..j ! : iii, : i..-..-..----""i--......--IJ.-O' L-J--1,-~--' . ! '. .. . 1-"., . ........ i' FARMINGT ~' I I 1 I ~ i i ;' i...L I i \':"'1. Iw i-,..~"''''O,;';:,1'r~..'..L,.u I L \ , 1 I J \ I ~ I i / I'.... \ --)~;;-..r!..j.~...f. \'4C6 i.:.:"~.~S~"111~:':~.. ~RS'BllB ""i i\ l=l-..'=:.:::......=~;: . -: =3:'. - --'--r-T-"\': -,.' ........ ,.(. S'pcl~IGW' aD ! . w<(.. I i.' ......) l ..~'.~<,. -11 I~'" ;} , I i I I l I I ! II t'" "j' ');;',. - 5'~:~.:;::::.:~~=;:-r~::.:'..... t-.,.--l r:......:.. 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'Z/ {I' =-+- I' ........;~/.......". .../ M'Dj'ALLEY:CE1 "I~I"'-I I Zi '''' I, I i !/ MAGIC'VIEW'A~~~~~._...__ i G l .~HA5E 1 1 (I, \ - \00 .~. .. ENIRY. .. , " I ili ", I P> '- --.-'.-:l--r--.......-- '\'.-------'1 " F .."eH'-- I 1,1 ''''i-\\ . m/"- 1>- .llLAC. -; J I \\\;2. ! \.. /;: !Z' I (;) J .111:-......-1 I \\~---......-_.-.._...._..-l \// J in -. I I \.', / /' .... .....-r......., 1-'-1 ! \\.r __...-/;/ T VIEW HEIGHTS! ! \1" _.......--............ // .._...-J\..........1 I___p~~..~:~~:~\~._.:>;>:::~~:'~.:'_.....".. ,NT\NE!J-r~~l' )\.1J;-." . ,i:'"~~~1 . ~~__ J._~-~-~"~- ~~p.- ~ 500 EJ RS_.2;;8$ 1"NTERSTATE'84 _. ..... . ... -~ ~..-" ,- ..-..<. _......@~S,;;,35. 71----..........- rH~---'''''''' .me ! N ~I--'j o SCALE 1 : 9,600 I 500 I 1,500 A' i 1,000 FEET htt".I!,..lfI?J:;/h, II-lI-lI.,/h,lhl-ll.,? m,^,f TL IRS!i;:JV. Fp.hru;::;rv 26. 2002 9:21 AM I ** TX CONF 1 ,ION REPORT ** ( AS OF MAY 07 '02 ~. PAGE. 01 CITY OF MERIDIAN 19 20 21 22 23 24 25 26 27 28 29 30 31 32 DATE TIME TO/FROM 135/137 22:45 38101613 135/07 22:47 PUBLIC WORKS 05/07 22'49 21388881193 135/07 22:50 8841159 ElS/07 22:52 2088840744 05/07 22:53 2088845077 05/07 22:55 208 898 5501 05/07 22:56 LIBRARY 05/07 22:58 2083776449 05/07 22:59 208 388 6924 05/07 23:01 888 6854 05/07 23:03 2083757154 05/07 23:04 8950390 05/07 23:06 208 387 6393 MIN/SEC PGS 01'42" 003 00'48" 003 01'130" 1303 131'1313" 1303 01'130" 13133 131'01" 13133 130'59" 0133 131'19" 003 01'00" 003 131' 18" 0133 01'00" 003 01'00" 003 131 '80" 13133 01' 00" 003 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK CMDl:1 1136 1136 11:'16 1136 1136 106 le6 le6 106 le6 106 106 le6 1136 MODE EC--S UF--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 7, 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd --.K..... Bill Nary =:K: Cherie MgCandless ~ Keith Bird . --L'L- Mayor Robert Corrie 2. Adoption of the Agenda: C"7'f'YVr/'<...- 3. Consent Agenda: A. Approve minutes of April 9, 20D2 City Council Regular Workshop: APP~U~ of April 16, 2002 City Council Regular Meeting: ~v.e:.... Findings of Fact and Conclusions of Law for Denial: VAR 02. 002 Request for variance to allow existing "Bucket Sign" at the Kentuckv Fried Chicken restaurant by King Electric Signs - 677 S.E. 1~ Street: ~vte- Findings of Fact and Conclusions of Law for Denial: CUP 02- 003 Request for a Conditional Use Permit to add one to two additional children after school in existing Family Home Daycare in an R-8 zone for Christina FloVd by Christina Floyd - 567 East Brown Bear Street ~V"..e- Findings of Fact and Conclusions of Law for Approval: CUP 02-004 Request for a Conditional Use Permit for an automotive repair business and vehicle parking and storage for Meridian Automotive and Machine by Meridian Automotive and Machine, Inc. - 505 East 1st Street: ~t?tA<... Findings of Fact and Conclusions of law for Approval: PP 02- ~ Request for Preliminary Plat approval of 8 building lots and 11 other lots on 113.15 acres in an L-0 zone for Touchmark Living Center by Touchmark Living Center - south of East Franklin Road a nd east of South Eagle Road: tt;b jl J7J v v B. c. D. E. F. M.rid,.. Cil)' C.uncil A&<I1do- /.by 1, 2002 Poso 1 .0 All motorial. p....m'od.t puhli. ..."i,5' sholl....m. property .rthe Cil)' ofMeridioJl. A.y.... ""'iIi.S lIe.ommod1l1io. for di~1bili(i<$ rtlclodl. dot1lmenlS undIor h_ing pI.."" ""'w'" the Cil)' Cle,k', Ollie<:" ~884ol33 It I.... <18 hou,s prior 10 Ibo public me'lins. ( ** TX CONFIRMk.,JN REPORT ** ( AS OF MAY 07 '02_.,): 18 PAGE. 01 CITY OF MERIDIAN 01 132 133 04 135 06 DATE TIME TO/FROM 135/137 23:07 ADA CTY DEVELMT 135/0723:113 CHERRY LANE 135/07 23:12 POST OFFICE 135/07 23:14 208 888 1983 05/07 23:16 2138 467 9562 05/07 23:17 2138 888 6700 STATUS OK OK OK OK OK OK MODE G3--S EC--S EC--S G3--S EC--S EC--S MIN/SEC PGS 01' 45" 003 01' 18" 003 131' 42" 1303 131' 18" 1303 01 ' 18" 003 01' 00" 003 CMD~ 106 106 106 106 106 106 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 7, 2002, at 6:30 p.m. 1. City Council Chambers Roll-call Attendance: X Tammy de Weerd ~ X Cherie ~Candless . =:z= Mayor Robert Corne Bill Nary Keith Bird 2. Adoption of the Agenda: C'ifj'YVlI'<.-- 3. Consent Agenda: A. Approve minutes of April 9, 2002 City Council RegUlar Workshop: a~ve:... Approve minutes of April 16, 2002 City Council Regular Meeting: ~v.e:.- Findings of Fact and Conclusions of Law for Denial: VAR 02- ~ Request for variance to allow existing "Bucket Sign" at the Kentuckv Fried Chicken restaurant by King Electric Signs - 677 S.E. 1st Street: ~V1L- Findings of Fact and Conclusions of Law for Denial: CUP 02- 003 Request for a Conditional Use Permit to add one to two additional children after school in existing Family Home Daycare in an R-8 zone for Christina Flovd by Christina Floyd - 567 East Brown Bear Street: ~v..e.- Findings of Fact and Conclusions of Law for Approval: CUP 02-004 Request for a Conditional Use Pennit for an automotive repair business and vehicle parking and storage for Meridian Automotive and Machine by Meridian Automotive and Machine, Inc. - 505 East 1st Street: ~(P(A.,L Findings of Fact and Conclusions of Law for Approval: pp 02- ~ Request for Preliminary Plat approval of 8 building lots and 11 other lots on 113.15 acres in an L-0 zone for Touchmark Living Center by Touchmark Living Center - south of East Franklin Road and east of South Eagle Road: tt-pf'rov~ B. C. D. E. F. MoriJiuD City COWlo;1 AgOl1da- M..y 7, 2002 1'3S0 1 Dr J All mat<lUl.ls p.csontod all"'blio mcctinas shill] become property of die City ofMeridinn. Anyon"desiring nccommod~1ion for disobmlie~ relJ:1.l<d \0 docuroenls and/or b....iog pJ..", ~ntn'" dI. City CI",k'~ Office at R!84433 BllesSl48 hours prior to dIe public llleellng. i *~ TX CONFIRM~,.JN REPORT ~~ AS OF MAY 03 '0~ .5:36 PAGE. 01 CITY OF MERIDIAN 28 29 31 32 DATE TIME TO/FROM 05/03 15:30 3810160 05/03 15:32 PUBLIC WORKS 05/03 15:34 2088881193 05/03 15:35 8841159 MIN/SEC PGS 01'34" 003 00'43" 003 00'54" 003 00'55" 003 STATUS OK OK OK OK CMDI:! 036 036 036 036 MODE EC--S UF--S EC--S EC--S VLeQSe.- 'PO%t JO( <Pl"L~kc.. no4ic.t.-.- 'Lhovr1tS,! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 7. 2002, at 6:30 p.m. City Council Chambers 1. RolI.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 of April 9, 2002 City Council Regular Workshop: B. Approve minutes of April 16. 2002 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Denial: VAR 02- 002 Request for variance to allow existing "Bucket Signn at the Kentuckv Fried Chicken restaurant by King Electric Signs - 677 S.E. 1~t Street: D. Findings of Fact and Conclusions of Law for Denial: CUP 02~ ~ Request for a Conditional Use Permit to add one to two additional children after school in existing Family Home Daycare in an R~8 zone for Christina Floyd by Christina Floyd - 567 East Brown Bear Street: E. Findings of Fact and Conclusions of Law for Approval: m!E 02-004 Request for a Conditional Use Permit for an automotive repair business and vehicle parking and storage for Meridian Automotive and Machine by Meridian Automotive and Machine, Inc. - 505 East 151 Street: F. Findings of Fact and Conclusions of Law for Approval: pp 02- ~ Request for Preliminary Plat approval of 8 building lots and 11 other fots on 113.15 acres in an L-O zone for Touchmark living Center by Touchmark Living Center - south of East Franklin R.oad and east of South Eagle Road: Meridian CilyCouncil AS,...la- May 7, 2002 Paso 1 of) A11_u:n.l, pra....l.d at public ""cclioS" .han becomo prop<:rty of lbo City of Meridian. Nlyone dosiring aecommodallon for ~iSllbililie:: Rbted to documentS and/or hl:1ring pi""". conl8d Ik City Clerk's Offic.o at BaS-4433 al least 4& hour. pnOl' to tho public mcoting. ** COMMUNICATIONS REPORT ** AS OF MAY 03 '02 15:36 PAGE. 01 CITY OF MERIDIAN TOTAL PAGES TOTAL TI ME SEND 0042 SEND 00019'34" RECEIlJE 0001 RECEIlJE 00000'30" DATE TIME TO/FROM MODE MIN/SEC PGS CMDl:t STATUS 01 05/03 11:07 3810160 EC--S 00'35" 001 023 OK 02 05/03 11:08 PUBLIC WORKS UF--S 00'16" 001 023 O~< 03 05/03 11:08 2088881193 EC--S 00'24" 001 023 OK 04 05/03 11:09 8841159 EC--S 00'25" 001 023 OK 05 05/03 11:10 2088840744 EC--S 00'25" 001 023 OK 06 05/03 11:11 2088845077 EC--S 00'25" 001 023 OK 07 05/03 11:12 208 898 5501 EC--S 00'24" 001 023 OK 08 05/03 11:13 LIBRARY EC--S 00'29" 001 023 OK 09 05/03 11:14 2083776449 EC--S 00'24" 001 023 OK 10 05/03 11:15 888 6854 EC--S 00'25" 001 023 OK 11 05/03 11:16 2083757154 EC--S 00'24" 001 023 OK 12 05/03 11:17 2083362100 EC--S 00'36" 001 023 OK 13 05/03 11:19 8950390 EC--S 00'24" 001 023 OK 14 05/03 11:20 Laurel EC--S 00'25" 001 023 OK 15 05/03 11:21 208 387 6393 EC--S 00'24" 001 023 OK 16 05/03 11:21 ADA CTY DElJELMT G3--S 00'41" 001 023 OK 17 05/03 11:23 CHERRY LANE EC--S 00'29" 001 023 OK 18 05/03 11:24 POST OFFICE EC--S 00'35" 001 023 OK 19 05/03 11:26 208 467 9562 EC--S 00'29" 001 023 OK 20 05/03 11:27 208 888 6700 EC--S 00'24" 001 023 OK 21 05/03 11:31 208 388 6924 EC--S 00'29" 001 023 OK 22 05/03 11:41 IDAHO ATHLETIC C ----5 00'00" 000 023 BUSY 23 05/03 14:13 208 642 1412 EC--S 02'06" 003 025 OK 24 05/03 14:46 208 898 5501 EC--S 00'20" 001 028 O~< 25 05/03 14:54 1 208 773 8362 EC--S 02'06" 003 027 OK 26 05/03 14:56 EC--R 00'30" 001 032 OK 27 05/03 14:58 208 529 0882 EC--S 01'24" 002 033 OK 28 05/03 15:30 3810160 EC--S 01'34" 003 036 OK 29 05/03 15:32 PUBLIC WORKS UF--S 00'43" 003 036 OK 30 05/03 15:33 3271015 ----S 00'00" 000 035 BUSY 31 05/03 15:34 2088881193 EC--S 00'54" 003 036 OK 32 05/03 15:35 8841159 EC--S 00'55" 003 036 OK i 'El2 16 >l<* TX CONI 4Tl ON REPORT ** AS OF MAY 03 PAGE. Ell CITY OF MERIDIAN DATE TIME TO/FROM MODE M1WSEC PGS C!'lDIl STATUS 01 051'03 15: 3? 2088840744 EC--S 00' 55" 003 036 OK 02 051'03 15:38 2088845077 EC--S 00'55" 003 036 OK 03 051'03 15:40 208 8S8 5501 EC--S 00'54" 003 036 OK 134 El51'El3 15:41 LIBRARY EC--S Ell'l13" 003 1336 OK 135 1351'133 15'43 2083776449 EC--S 013'54" 003 1336 OK 06 1351'El3 15'44 208 388 6924 EC--S Ell'09" 003 1336 OK 07 051'03 15'46 888 6854 EC--S 00'54" 003 036 OK 08 051'03 15'47 2083757154 EC--S 00'54" 003 036 OK 09 051'03 15'49 8950390 EC--S 00'54" 003 036 OK 10 05/03 15'50 Laurel EC--S 00'55" 003 036 OK 11 135/03 15'52 208 387 6393 EC--S 1313'54" 003 1336 OK 12 05/03 15'53 ADA CTY DEVELMT G3--S 01'44" 003 036 OK 13 05/133 15'55 CHERIE MCCANDLES EC--S 01'11" 0133 1336 OK 14 05/03 15'57 CHERRY LANE EC--S 01'10" 003 036 OK 15 05/63 15:59 POST OFFICE EC--S 01'35" 003 1336 OK 16 05/133 16:01 208 888 1983 G3--S 01'17" 003 1336 OK 17 05/63 16:03 Walter R Johnson EC--S 00'55" 003 036 OK 18 05/03 16:04 208 467 9562 EC--S 01' 10" 003 036 OK 19 05/03 16'06 208 888 67e0 EC--S 00'54" 003 036 OK ---------------------------------------------------------------------------------~---------- rvLeQS-e... Poat :fOr ?l-l~kc... 't1..oi:-\Q..'- "Thevnl::.sl CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA TUesday, May 7, 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 of April 9, 2002 City Council Regular Workshop: B. Approve minutes of April 16, 2002 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Denial: VAR 02- 002 Request for variance to allow existing "Bucket Sign" at the Kentuckv Fried Chicken restaurant by King Electric Signs - 677 S.E. 1st Street D. Findings of Fact and Conclusions of Law for Denial: CUP 02~ !!.Q;! Request for a Conditional Use Permit to add one to two additional children after school in existing Family Home Daycare in an R-8 zone for Christina Flovd by Christina Floyd - 567 East Brown Bear Street E. Findings of Fact and Conclusions of Law for Approval: ~ 02-004 Request for a Conditional Use Permit for an automotive repair business and vehicle parking and storage for Meridian Automotive and Machine by Meridian Automotive and Machine. Inc. - 505 East 1st Street: F. Findings of Fact and Conclusions of Law for Approval: PP 02- 003 Request for Preliminary Plat approval of 8 building fats and 11 olher lols on 113.15 acres in an L-O zone for Touchmark Living Center by Touchmark Living Center - south of East Franklin Road and east of South Eagle Road: Meridian CityC.u.cll AB""Ia-May 7,2002 Fogo l.n AU l.'CIt1~ctichi P1":i-C'tl'tn~ At pub1.jc mcclioli'.!brr.1I bccoNoe propcny of'the Ciry ofMcridLlln. Anyon. desiring :rK~.ommDdl~j.on n:.r d.i:!:Qbm~ie1 reb,rl!d to dotulJ1.tlDU >>dlor he:uing ptl;:U; QOntod" till;: Cil)' Clottl:;.s Officeat 188-4433 -It Ic:ut.u holitt pril)f [a lhc: publil;: JnC;C:ting. ** TX CONFIRMAj,~N REPORT ** { AS OF MAY 07 '0~ 11:24 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 04 05/07 11:24 208 888 1983 MODE MIN/SEC PGS CMDij STATUS G3--S 00'31" 001 023 OK f/eau /&f-f ~ f/wUc..;t/oh-ce 7/l~ft.r MAYOR Robert D. Conic HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (20&) &88.4433' Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPA RlMENT (208) 288.2499 . Fax 288.2501 PUBLIC WORKS (20S} 89~.5500 . F~x 887-1297 BUILDING D8PARTMENT (208) 8S7-2211 . Fax BB7-129i PLANNING AND ZONING (208) SB4.55J3 . Fax 888-6854 CITY COUNCIL MEMBERS WilIl:un L. M. Nary Keith Bird Tammy dcWccrd Cherie McCandless NOTICE OF SPECIAL JOINT MEETING MERIDIAN CllY COUNCIL & MERIDIAN RURAL FIRE PROTECTION DISTRICT COMMISSIONERS NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the Meridian Rural Fire Protection District Commissioners will hold a Special Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, May 14, 2002 at 5;30 P.M. The Meridian City Council and the Rural Fire Commissioners will hold an Executive Session (the session is closed to the public) in accordance with Idaho State Code 67-2345 (1)(c). The public is welcome to attend the special meeting but the executive session will be closed to the public. DATED this 3rd day of May, 2002. c:/I~R WILLIAM G. BERG, J . Meridian City Council Special Meeling - May 14, 2002 AU materials presented at pUblic meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabfJlties 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. '1YI rM\ 1{{z 2002 c-f G Item Packet Pickup .----r- i DUe- S0t1\-P~