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Home My WebLink About2002-11-26 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 26,2002 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd X- =x= Cherie McCandless X X Mayor Robert Corrie B ill Nary Cl/I/L-i'voi! € '7: rs-lJ ~ /j..J Keith Bird 2. Adoption of the Agenda: ~ vu-- 3. Consent Agenda: A. Approve minutes of November 12, 2002 City Council Regular Meeting: ~ v.t-' B. Findings of Fact and Conclusions of Law for Approval: CUP 02-025 Request for a Conditional Use Permit for a wireless communications facility consisting of a 125 foot monopole and supporting equipment in an I-L zone for Verizon Wireless by Mericom Corporation - 3735 North Ten Mile Road: ~(/tL- C. Findings of Fact and Conclusions of Law for Denial: CUP 02- 026 Request for a Conditional Use Permit for a 3901 square foot Carl's Jr. restaurant with a drive-thru in a C-G zone by Clayton Jones - on South Main Street, north of the Meridian Road and Main Street intersection: ~H'.... D. Development Agreement: AZ 02-011 Request for Annexation and Zoning of 24.89 acres from R-T to C-G and R-40 zones for proposed Fairview Lakes by Hopkins Financial Services, Inc. - 824 East Fairview Avenue: ~I/t.e. E. Finance Department: Finance Report: ~P'" vu...,...- F. Change Order No.1, Tully Skate Park - Heartland Construction: ?iffH'# VI-<- G. Change Order No.2, Tully Skate Park - Heartland Construction: ap~v/A..- Meridian City Council Agenda - November 26, 2002 Page 1 of2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents !U1d1or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. H. Change Order No. 1 (Final), Water Tower Recoating Project, Consulting Services - CH2M-HiII: ~V..f.., 4. Department Reports: M M 7. 8. 9. 10. 11. 12. 5. (Items Moved from Consent Agenda) ~ Ordinance No. tJ 2- .- tl g 6 AZ 02-011 Request for Annexation and Zoning of 24.89 acres from R-T to C-G and R-40 zones for proposed Fairview Lakes by Hopkins Financial Services, Inc. - 824 East Fairview Avenue: a-J?proV..f:.- Resolution No. tJ 2-~;3 q 6 Approving Property Exchange Agreement with Farmers & Merchants State Bank: t::i,PjPrOv--c Public Hearing: Comprehensive Plan Text Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan: Ce-n-";-''Y[tA-.e./ ;JIlt- fr )ec...I?(!:../ 'h?tlZ-~, Public Hearing: Tree I Forestry Ordinance: ""/:. A -d11t: Lv ~/lWlt-a.. /-""ace.dh. /rJe ~~. Public Hearing: Amended Floodplain Ordinance: )1_ ~ ee. o-rd'/ha--r.-c..v jX'ace t7A- /J-t::t'. /7 a?A- .v Public Hearing: PFP 02-003 Request for Preliminary I Final Plat approval of 1 building lot on 3.8491 acres in a C-C zone for Goldstone Center Condo's by Sundance Company - southeast corner of South Eagle Road and East Overland Road: /? . u.-I'hn;..e:; fo jJrel'wu ,ell f ol-t' f"'7T ~~va..(... Public Hearing: PFP 02-004 Request for Preliminary I Final Plat approval of 3 building lots on 5.5 acres in a C-G zone for Norco Subdivision by Pinnacle Engineers, Inc. - 2150 East Fairview: a-fItn.Ae1 b rel'~ t:'ff leU k a/~~ 6. Meridian City Council Agenda - November 26, 2002 Page 2 of2 All materials presented at public meetings shall become property ofthe City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 bours prior to the public meeting. December 6,2002 MERIDIAN CITY COUNCIL MEETING December 10, 2002 APPLICANT ITEM NO. 3 - b REQU EST Approve minutes of November 26, 2002 City Council Regular Meeting: 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS ~vv Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 26, 2002 at 7:00 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 November 12, 2002 City Council Regular Meeting: Approve B. Findings of Fact and Conclusions of Law for Approval: CUP 02-025 Request for a Conditional Use Permit for a wireless communications facility consisting of a 125 foot monopole and supporting equipment in an I-L zone for Verizon Wireless by Mericom Corporation - 3735 North Ten Mile Road: Approve C. Findings of Fact and Conclusions of law for Denial: CUP 02- 026 Request for a Conditional Use Permit for a 3901 square foot Carl's Jr. restaurant with a drive-thru in a C-G zone by Clayton Jones - on South Main Street, north of the Meridian Road and Main Street intersection: Approve D. Development Agreement: AZ 02-011 Request for Annexation and Zoning of 24.89 acres from R- T to C-G and R-40 zones for proposed Fairview lakes by Hopkins Financial Services, Inc. - 824 East Fairview Avenue: Approve E. Finance Department: Finance Report: Approve F. Change Order No.1, Tully Skate Park - Heartland Construction: Approve G. Change Order No.2, Tully Skate Park - Heartland Construction: Approve Meridian City Council Agenda - November 26, 2002 Page I of2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. H. Change Order No. 1 (Final), Water Tower Recoating Project, Consulting Services - CH2M-HiII: Approve 4. Department Reports: None 5. (Items Moved from Consent Agenda) None 6. Ordinance No. 02-986 : AZ. 02-011 Request for Annexation and Zoning of 24.89 acres from R- T to C-G and R-40 zones for proposed Fairview Lakes by Hopkins Financial SeNices, Inc. - 824 East FaiNiew Avenue: Approve 7. Resolution No. 02-396 Approving Property Exchange Agreement with Farmers & Merchants State Bank: Approve 8. Public Hearing: Comprehensive Plan Text Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan: Continue Public Hearing to December 17, 2002 Meeting 9. Public Hearing: Tree I Forestry Ordinance: Ordinance place on December 17,2002 Agenda 10. Public Hearing: Amended Floodplain Ordinance: Ordinance place on December 17,2002 Agenda 11. Public Hearing: PFP 02-003 Request for Preliminary I Final Plat approval of 1 building lot on 3.8491 acres in a C-C zone for Goldstone Center Condo's by Sundance Company - southeast corner of South Eagle Road and East Overland Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 12. Public Hearing: PFP 02-004 Request for Preliminary I Final Plat approval of 3 building lots on 5.5 acres in a C-G zone for Norco Subdivision by Pinnacle Engineers, Inc. - 2150 East FaiNiew: Attorney to prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda - November 26,2002 Page 2 of2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council MeetinQ November 26. 2002 The Regular Meeting of the Meridian City Council was called to order at 7:05 P.M., on Tuesday, November 26,2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, and Cherie McCandless. Members Absent: William Nary. Others Present: Bill Nichols, Brad Hawkins-Clark, Brad Watson, Ken Bowers, Gary Smith, Mike Worley, Dean Willis and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: Okay I would like to open the Meridian City Council Regular Meeting on Tuesday, November 26, 2002, at 7:00 P.M. At this time, I would like to have the City Clerk give the roll call attendance, please. Item 2. Adoption of the Agenda: Corrie: Mr. Nary will join us probably in about another 45 minutes. Item Number 2 is the adoption of the agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the adoption of the agenda as published. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to adopt the agenda as published any further discussion? Hearing none, all those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Consent Agenda: A. Approve minutes of November 12, 2002 City Council Regular Meeting: Meridian City Council November 26,2002 Page 2 of 21 B. Findings of Fact and Conclusions of Law for Approval: CUP 02-025 Request for a Conditional Use Permit for a wireless communications facility consisting of a 125 foot monopole and supporting equipment in an I-L zone for Verizon Wireless by Mericom Corporation - 3735 North Ten Mile Road: C. Findings of Fact and Conclusions of Law for Denial: CUP 02- 026 Request for a Conditional Use Permit for a 3901 square foot Carl's Jr. restaurant with a drive-thru in a C-G zone by Clayton Jones - on South Main Street, north of the Meridian Road and Main Street intersection: D. Development Agreement: AZ 02-011 Request for Annexation and Zoning of 24.89 acres from R- T to C-G and R-40 zones for proposed Fairview Lakes by Hopkins Financial Services, Inc. - 824 East Fairview Avenue: E. F~nance Department: Finance Report: F. Change Order No.1, Tully Skate Park - Heartland Construction: G. Change Order No.2, Tully Skate Park - Heartland Construction: H. Change Order No.1 (Final), Water Tower Recoating Project, Consulting Services - CH2M-HiII: Corrie: Item Number 3 is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all applicable items. De Weerd: Second. Corrie: Okay motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Clerk. Roll call vote: McCandless, aye; Nary, absent; DeWeerd, aye; Bird, aye. Corrie: Okay. Motion is approved. Meridian City Council November 26, 2002 Page 3 of 21 MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Department Reports: Corrie: Number 4 is Department Reports. Do we have any Department Reports tonight? Okay thank you. Item 5. (Items Moved from Consent Agenda) Corrie: Item Number 5 is items moved from the Consent Agenda, which there are none. Item 6. Ordinance No. AZ 02-011 Request for Annexation and Zoning of 24.89 acres from R-T to C-G and R-40 zones for proposed Fairview Lakes by Hopkins Financial Services, Inc. - 824 East Fairview Avenue: Corrie: Item Number 6 is an ordinance, Ordinance Number 02-986. This is a request for annexation and zoning of 24.89 acres from RT to C-G and R-40 zones for proposed Fairview Lakes by Hopkins Financial Services, Inc., 824 East Fairview Avenue. At this time, I'd like to have the City Clerk read Ordinance Number 02-986 by title only, please. Thank you. Berg: Thank you, Mr. Mayor, Members of the Council Ordinance Number 02-986. An Ordinance finding that certain land to be known as Fairview Lakes Subdivision, located on the north side of Fairview Avenue approximately one-third mile west of Locust Grove Road, all within the area of impact, 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 William Curtis has made a request for annexation in writing to the Council, and that said land be annexed to the City of Meridian and zoning designated High Density Residential District (R-40), Neighborhood Business District (C-N), and General Retail and Service Commercial District (C-G), and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and the map of the areas to be annexed with the Ada County Recorder, Auditor, Treasurer, and Assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: Okay you have heard the reading of Ordinance Number 02-986 by title only. Is there anyone from the audience that would like to have it read in its entirety? Okay. Hearing none, Council, I will entertain a motion on Ordinance Number 02-986. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council November 26, 2002 Page 4 of 21 De Weerd: I move we approved Ordinance Number 02-986, request for annexation and zoning of 24.89 acres from RT to C-G and R-40 zones for the proposed Fairview Lakes and to have the Mayor sign and the Clerk attest, with suspension of rules. Bird: Second. Corrie: Okay motion has been made and seconded to approve Ordinance Number 02- 986 with suspension of rules any further discussion? Hearing none, Mr. Clerk, roll call vote, please. Roll call vote: McCandless, aye; Nary, absent; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. The ordinance is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 7. Resolution No. Approving Property Exchange Agreement with Farmers & Merchants State Bank: Corrie: Item Number 7 is a Resolution Number 02-396. This is approving Property Exchange Agreement with Farmers and Merchants State Bank. Council, you have the resolution in front of you. What say you? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve Resolution 02-396, the exchange of property with Farmers and Merchants State Bank and for the Mayor to sign and the Clerk to attest. McCandless: Second. Corrie: Okay. Motion has been made and seconded for approval of the Property Exchange Agreement with Farmers and Merchants State Bank. Any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would just -- once this resolution is passed, what is the process from there? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, the city and the bank would essentially open escrow on the exchange, deeds would be prepared, title policies sought and Meridian City Council November 26, 2002 Page 5 of 21 preliminary title reports issued on the parcels and then the bank has to remove the structures as a condition precedent to finalizing the exchange. We would open escrow, get those preliminary title reports ordered and reviewed and make sure that there isn't anything that needs to be cleared up there and the bank removes the structures per the Exchange Agreement. Once that's done and everything's in place, we will go ahead and finishing the exchange and close the transaction. De Weerd: Okay thank you. I have nothing further. Corrie: Roll call vote, Mr. Clerk. Roll call vote: McCandless, aye; Nary, absent; DeWeerd, aye; Bird, aye. Corrie: Okay. Motion for Resolution Number 02-396 is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 8. Public Hearing: Comprehensive Plan Text Amendments regarding Urban S'ervices Policies in the 2002 Comprehensive Plan: Corrie: Item Number 8 is a Public Hearing on the Comprehensive Plan Text Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan. At this time, I will open the Public Hearing and invite the Council to -- excuse me -- provide for staff comments first. Hawkins-Clark: Good evening, Mayor, Members of the Council. The Comprehensive Plan Amendment here tonight has got quite a background. I didn't come necessarily prepared to give all of the details on the origination of the issue, but suffice it to say that during the 2002 Comprehensive Plan adoption process, this body did raise a few concerns about the policies that were on Page 92 of the Comprehensive Plan, in particular the issue of providing public services or allowing private and wastewater -- water and wastewater systems in our area of impact. De Weerd: Mr. Mayor? I'm sorry, Brad. I don't want to be rude, but-- Corrie: Mrs. de Weerd. De Weerd: We do have this letter from Mark Estess, dated November 26th, that had reference that the meeting that -- of the group that you coordinated to get together. That a consensus was felt to have been reached without actually coming up with some solid text and his recommendation is that this group get together, provide that text, and maybe run it through the process. I would like to see that happen and so rather than you have to do this now and then again whenever it comes back again. Would it be appropriate to look at remanding it back to Planning and Zoning, so that staff has an opportunity to come up with the text -- a text that this collaborative group can put together and have the blessing and maybe explanation of Planning and Zoning. After Meridian City Council November 26, 2002 Page 6 of 21 reading the minutes of Planning and Zoning, I don't think they understood why it was back to them to begin with and I'm sure if they get it one more time, they are really going to be happy with us. I would like to see it happen and let these people as well come in front of Planning and Zoning and kind of say, yes, we were a part of the original group that designed the text. We feel comfortable with this new -- in light of the concerns of Council and staff and we feel that we have come up with the a win-win situation. Without making, you go through that painful dialogue as whaes happened, we want to add one more chapter to it. Bird: Drag it out a little longer. De Weerd: Yes we just want to drag out the suspense. Is that what staff -- I mean after reading this letter, is staff open to getting together and proposing that text and doing this one last time? Corrie: Brad? Hawkins-Clark: Councilwoman de Weerd, Mayor, Members of the Council, yes, certainly, we can put something together. My sense is that the -- you know, the language isn't really going to be new for the Commission. You know, a lot of the issue was laid out in the memos that the Planning and Zoning Commission received. I guess, you know, if what I'm hearing is that you would like the Commission to actually review some specific language that is -- as well as the Ada County Association of Realtors and the Building Contractors Association and others. You know, we did notice correctly -- one question that comes to mind is -- and maybe Mr. Nichols can respond to that, is I believe the Land Use Planning Act talks about the Planning and Zoning Commission making a recommendation to the Council. I don't know that that keeps the Council from not accepting that recommendation and just choosing to make your own decision on how the text would read, even though the Planning and Zoning Commission didn't make that change. Certainly, I think their desires are clear, they want to keep flexibility built into the policy to allow developers to at least approach the city with developments in the area of impact that would not be annexed. I believe that that much was clear from the minutes at the Planning and Zoning Commission hearing. Certainly, we can -- my sense is that the Planning and Zoning Commission made their motion pretty clear. I felt that they understood the issues and -- but we can get together again with the private parties, have a specific amendment actually drawn up from that meeting, which might provide a little more clarity, but -- De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess the P&Z Commission did kind of not seem too interested in whatever we decided, so I would like that group to propose the text. This letter shows that they felt, when they walked out of that meeting, there was some consensus as to what it should state. I would not prefer to draft it myself, I would prefer that this group Meridian City Council November 26, 2002 Page 7 of 21 draft it and recommend it and then we get on with it. If you don't feel it needs to go back to Planning and Zoning, that's fine, you know, I feel comfortable, since they seem to not have the -- some of the issues that we have discussed in front of them. They said that we make the decision anyway, so if it's okay doing it at our level, I just thought -- I want to do it right, however we do it, I'd like to see that it's done right. We have a little bit of room to maneuver, because the county won't be adopting our Comp Plan until the new Commissioners are seated and so we have that month of time and we need to take advance of it, then. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would agree with Tammy 100 percent, but I don't think we need to go back to Planning and Zoning. I think that this body gets together and, as they stated, the realtors and the BCA, they felt they had something when they walked away. We didn't follow up, so get together, get the thing drafted, bring it back before us I don't see why that has to go to Planning and Zoning. Like Tammy said, we have got a month to get the thing taken care of and let -- I'd feel more comfortable if that group would come back with a recommendation myself. I'm like Tammy. Corrie: Correct me if I'm not understanding this, but isn't the Planning and Zoning and both of these groups in accord with not changing the text at all? Hawkins-Clark: Mr. Mayor, that was a little bit confusing to me as well and in Mr. Estess's November 26th letter, on the last paragraph of his letter, he does state that their formal position on the proposed text changes remains the same as when the 2002 Comp Plan was originally adopted and mirrors the P&Z recommendation. That says to me that they are in agreement with the way the policy currently is, but they also said in our meeting in August that they were supportive of adding the change that any parcels that receive our services have the irrevocable consent to annexation attached. That policy is not in the current Comp Plan, so that's a little different. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess how I read this is that the last they have gone back to their official bodies was with the text from the 2002 Camp Plan, the official text. They would like to formalize the language so they can take it back to their membership for review and then bring it forward. They feel like they agree with staff at your informal meeting, but they need the formal language to take back to their bodies just to get their nod, so that they can present it to us. I guess that's how I read it so that there was a consensus reached between when we passed the original version and that that text amendment seems to be agreeable, that there is no formalized text for them to take specifically to their bodies Meridian City Council November 26, 2002 Page 8 of 21 for them to sign off on it, to come and officially propose it to us. Let's give them that opportunity. Is that clear as mud? Bird: That's clear as mud and I agree with it. Corrie: Ultimately, you're going to have to make the decision -- Bird: Yes. We have no problem with that. Corrie: -- based on what you want to do, not what somebody else wants to do, just as long as that's for the record but you never will get -- I think you understand that, so -- De Weerd: Well -- and [ certainly wasn't planning for discussion, but if staff feels that there was a consensus, I want to see that consensus and I'd like to see it in writing, so I don't have to write it. Corrie: You just have to read it. De Weerd: I just wanf to read it. Corrie: Okay we still have the Public Hearing. Okay any other comments, questions of staff? Bird; I have none, Mayor. Corrie: Is there anyone from the public that would like to have -- to issue testimony on this Urban Services Policies in the 2002 Comprehensive Plan? Okay then I assume that you want to continue the Public Hearing. Okay. Then I will entertain a motion, then, to continue this Public Hearing to a date certain. Have to go to the Planning and Zoning -- actually, if you're going to do that, you have to go back to Planning and Zoning you can just remand it back to -- Bird: No, I don't want it to go back around, I just-- Corrie: You have that choice. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I would continue the Public Hearing on the Comprehensive Plan Text Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan to December 17,2002. Bird: Second. Meridian City Council November 26, 2002 Page 9 of 21 Corrie: Okay. Motion has been made and seconded to continue the Public Hearing to December 17, 2002 any further discussion? Hearing none, all those in favor of the motion say aye. Okay. The Public Hearing will be continued to December 17,2002. MOTION CARRIED: THREE AYES, ONE ABSENT De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Staff, I hope that will give sufficient time to come up with a proposed text to bring back with you. Hawkins-Clark: I think that will work. We will contact the association and get that going. De Weerd: Thank you. Item 9. Public Hearing: Tree I Forestry Ordinance: Corrie: All right. Item Number 9 is a Public Hearing on the Tree/Forestry Ordinance, so at this time I will open the Public Hearing and invite staff's comment first. Elroy. Huff: Elroy Huff, Park Superintendent. Corrie: And you're sworn in as a public official, so-- Huff; Contrary to what everybody believes, I actually dress like this about three or four times a week. De Weerd: Really? Corrie: Yes. I have seen him. De Weerd: You look very nice. Huff: It's one of those things. I just want to say in the while that I have been here working at the City of Meridian, it took me a couple of years to get here with this tree ordinance, but -- and it's been awhile coming. You know, our city is changing a lot. We are up to 36,000 people now and we are not a little place anymore. As those things happen and as cities grow, they really need to have certain ordinances in place that will help maintain the infrastructure and particularly in this ordinance is the preservation and protection of existing trees, as well as some design on how new tree planting will be done and how things are done in the future. I think this ordinance, as I have said before, we will have more of an impact years down the road, than it will be right here in the short term. I do believe that it is well written, I believe that it will serve our community very well over the next number of years. There will be a few things over the Meridian City Council November 26, 2002 Page 10 of 21 years, I'm sure, that will need to be updated just a little bit, as with any ordinance, and I appreciate your attention at looking at this and go from there. Any questions? Bird: I have none. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Elroy, if I seem to remember correctly, there were a couple of reasons why that had to be worked through with our City Attorney and then run through the Commission one more time. Could you refresh our memories on what those were -- what those specifics were? Huff: I believe the main one that there was discussion on the last time we met, I think, in Executive Session -- I mean Pre-Council, was the issue of how to do some governing of this ordinance, depending on the load of City Council. In the ordinance, it states that the Parks Commission Board will hear complaints and decisions on this and they will make those decisions. If there is an appeal by that -- by the complainant or -- in this case, then, it will be referred to City Council for final decision, but the decision from the Parks Commission would be final, unless appealed. That was one of the ones that were worked out. I think that was the main one that we had -- that you had some questions about, if I recall. De Weerd: And this is in no way intended to tell someone what to do with their trees on their private property? Huff: No, it is not. De Weerd: This has to do with the city forestry. Huff; City forestry. It does -- the ordinance does deal with right of way, but only in extreme circumstances. The city may -- written lf1 the ordinance, there are certain times that the city may, if they want to, through a buagetary process, expend some funds to right-of-way tree planting projects or partnership in the matching grants, things like that. We may do that. That's up to Council and however we would bring that to you to put into the budgetary process, we might do some year. The only other time that we really affect private property is if we can't get something done that is a pest or a nuisance or a hazard and we cannot get the property owner, after all the proper notification, to take care of that problem. If that problem has an opportunity to affect our public trees or our public park trees, so, we need to take action on that, but it's an extreme case. De Weerd: And that wouldn't be any different than an instance where the -- like an agency like ACHD has in taking care of a vision triangle where they need to do something with a tree or a shrub in that situation, too. Meridian City Council November 26, 2002 Page 11 of 21 Huff: Yes. De Weerd: So -- okay. Mr. Mayor, I guess just one more question. Is Keith -- well, Elroy, formal action was taken on this by the Parks Commission, I assume. Huff: Yes, it was. De Weerd: And they have no issues with it? Huff: No, they did not. De Weerd: I have nothing further. Corrie: Any other questions? Bird: I have none. Corrie: Thank you. Is there anyone from the public that would like to issue testimony on the Tree/Forestry Ordinance? Okay. Council, any other questions under the Public Hearing? Okay. I will entertain a motion, then, to close the Public Hearing on Item Number 9, Tree/Forestry Ordinance. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess one quick question for Brad. Has your staff been able to make sure that -- just take one final look through that this doesn't conflict with our Landscape Ordinance in any way? Hawkins-Clark: Councilwoman de Weerd, we have, yes. Steve Siddoway has taken a look at it and compared the standards with the landscape ordinance and there were no conflicts. De Weerd: Thank you. Mr. Mayor, I move we close the Public Hearing. Bird: Second. Corrie: Motion has been made and seconded to close the Public Hearing. Any further discussion? All in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED; THREE AYES, ONE ABSENT Corrie: Mr. Nichols, is this ordinance that we have in front of us, is this one that we are talking about, then? Meridian City Council November 26, 2002 Page 12 of21 Nichols: Mr. Mayor, Members of the Council. Yes, the one that's in your packet and on your CD-ROMS is the most current one and it's the one which should be placed on a future agenda for adoption, if that's your -- the Council's choice. Corrie: Just to make sure that's the one we are looking at. Okay. Council, I will -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we place this ordinance, the Tree/Forestry Ordinance, on the agenda for December 17, 2002, for approval. Corrie: Okay. Do I hear a second? McCandless: Second. Corrie: Motion has been made and seconded to place the Tree/Forestry Ordinance on the agenda for December 17, 2002. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 10. Public Hearing: Amended Floodplain Ordinance: Corrie: Item Number 10 is a Public Hearing. This is for the amended Flood Plain Ordinance. At this time I will open the Public Hearing and invite staff's comments first. Gary. Smith: Thank you, Mr. Mayor, Council Members. There has been a clarification concerning the crawl space issue in the Flood Plain Ordinance in what's designated as the lowest floor and that clarification is outlined in this ordinance as prepared by our City Attorney, based on information received by -- or from FEMA. This lowest floor at this point excludes crawl spaces and previously it did include crawl spaces. I think that's the only comment that I have. Sorry. Bird: Mr. Mayor? Corrie: Okay. Mr. Bird. Bird: Gary, you said this ordinance -- the revised ordinance excludes crawl spaces? As defined -- as previously defined as being the lowest floor? Smith: Right and this, of course, deals with structures that are built within the special flood hazard area, the 1 DO-year flood plain. Meridian City Council November 26, 2002 Page 13 of 21 De Weerd: I have nothing. Corrie: Okay is there anyone from the public that would like to issue testimony on the Public Hearing for the Flood Plain Ordinance? Okay. Hearing none, Council, any other discussion under the Public Hearing? Bird: I have none. Corrie: Hearing none, I'll entertain a motion to close the Public Hearing. Bird: So moved. McCandless: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing on the Flood Plain Ordinance. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes -- three ayes excuse me. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Discussion? Bird: I have none. Corrie: Okay. Then I will entertain a motion to move -- to place it on an agenda item. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we place the amended Flood Plain Ordinance on December 17, 2002, agenda for recommendation of approval. De Weerd: Second. Corrie: Motion has been made and seconded to place the amended Flood Plain Ordinance on the agenda for October 17th of the year 2002. Any further discussion? All those in favor of the motion say aye. Three ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 11. Public Hearing: PFP 02-003 Request for Preliminary I Final Plat approval of 1 building lot on 3.8491 acres in a C-C zone for Goldstone Center Condo's by Sundance Company - southeast corner of South Eagle Road and East Overland Road: Meridian City Council November 26,2002 Page 14 of 21 Corrie: Item Number 11 is a Public Hearing. This a request for a Preliminary and Final Plat approval of one building lot on 3.8491 acres in a C-C zone for Goldstone Center Condos by Sundance Company, southeast corner of South Eagle Road and East Overland Road. At this time, I will open the Public Hearing and invite staff's comments first. Brad? Hawkins-Clark: Thank you, Mayor, members of the public -- members of the public -- you, too Members of the Council. The application before you is, according to the applicant's engineer, Hailey Engineering, haven't confirmed it myself, but Meridian's first commercial condominium proposal. The proposal is on Lot 5 of the Silverstone Subdivision, which is highlighted there on the screen. It is just over three acres -- 3.8 acres in size. This on the screen is essentially the footprint of the Goldstone building. It is -- it was constructed as a shell, intended for -- as a multi-tenant building. The next slide here shows the proposed configuration as drawn up by the engineer for the units within the Goldstone building. Essentially, what they are doing is proposing to set up a mechanism so that they can sell space within the walls of the building to different individuals. It is, essentially, an airspace subdivision within the building. Declarations and bylaws were submitted with their application. Those are a pretty critical component of condominium applications. They do have to comply with Title 55 of the State Code. It's a completely separate condominium property act that lays out a whole set of standards for projects such as this. That was one of our recommended conditions so no external changes to the building are proposed. Their elevations are as shown. The landscaping, the parking, the trash enclosures, the accesses, all of that is, essentially, as it current is out there on site. Staff did check the parking ratios. That was the discussion at Planning and Zoning Commission. They do have basically one parking space for every 250 gross square feet, so should there be more actual tenants or owners in here than they originally intended, we feel the parking is probably adequate. The Planning and Zoning Commission did recommend approval and you should have the recommendation in your packets, with the conditions shown in there, so I don't think there have been any issues raised to staff since Planning and Zoning raised this. Let's see. Right. Public Works Staff is pointing out that Item Number D-3 on Page 4 should be a deleted. That storm water comment there is our standard one, but it is already constructed, so -- without grassy swales and since the plat does just deal with airspace, I think it's probably not a -- just a standard Central District Health comment, so that should be deleted. Thank you. Corrie: Okay any questions for staff at this time? Okay. Is the representative of Sundance here tonight or the applicant? Is the testimony you are about to give the truth, the whole, and nothing but the truth, so help you God? Anderson: It is. Corrie: Thank you. Name and address, please. Anderson: Meridian. My name is Ryan Anderson. I live at 1453 Shell brook Drive here in Nothing in particular. I want to concur with staff comments. As the Meridian City Council November 26,2002 Page 15 of 21 developer, we don't have any problems with any of the comments. Most of them are pretty minor text changes. As far as the parking, it is as they concur. We are in excess of the four per 1,000. Really, answer any questions you guys might have. Corrie; You concur with Item Number 3 on Page -- Item Number 4, Page 3, be resolved or taken out? Anderson: Yes. It's really not applicable. Corrie: Questions from Council? Bird: I have none. Corrie: Okay. All right. Anderson: Thank you. Corrie: Thank you. Is there anyone else from the public that would like to issue testimony? All right: Hearing none, Council, any other questions for the Public Hearing? Bird: I have none. Corrie: Hearing none, I'll entertain a motion to close the Public Hearing on Item Number PFP 02-003, request for Preliminary and Final Plat approval for Goldstone Center Condos. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we close the Public Hearing on Goldstone Center Condos by Sundance Company. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing. Further discussion? All those in favor say aye. Three ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Further discussion? Okay. Hearing none, I will entertain a motion on the request for Preliminary and Final Plat on the approval of one building lot on 3.8491 acres for Goldstone Center Condos. Bird: Mr. Mayor? Meridian City Council November 26, 2002 Page 16 of21 Corrie: Mr. Bird. Bird: I would move that we approve PFP 02-003, request for Preliminary and Final Plat approval of one building on 3.8491 acres on a C-C zone for Goldstone Center Condos by Sundance Company. For the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order and that on Page 4 of the recommendations, Item D-3, we delete. Corrie: Okay. Do I hear a second? De Weerd: Second. Nichols: Mr. Mayor? Corrie: Motion has been made and seconded. Discussion? Mr. Nichols. Nichols: Mr. Mayor, if Councilman Bird would include Item Number 4 on the recommendations. It has to do with storm water as well. Bird: That's the one -- Nichols: Three and four are both addressed. Bird: Three and four. I'm sorry. Yes. De Weerd: Second concurs. Corrie: Okay. Second agrees. Any further discussion? Hearing none, roll call vote, Mr. Clerk. Roll call vote: McCandless, aye; Nary, absent; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 12. Public Hearing: PFP 02-004 Request for Preliminary I Final Plat approval of 3 building lots on 5.5 acres in a C-G zone for Noreo Subdivision by Pinnacle Engineers, Inc. - 2150 East Fairview: Corrie: Public Hearing Number 12 is a request for Preliminary and Final Plat approval of three building lots on 5.5 acres in a C-G zone for Norco Subdivision by Pinnacle Engineers, Inc., 2150 East Fairview. At this time, I will open the Public Hearing and invite staff's comments first. Meridian City Council November 26, 2002 Page 17 of 21 Hawkins-Clark: Thank you, Mayor, Members of the Council. The request is from Pinnacle Engineers, Incorporated. They have applied for a Preliminary/Final Plat approval, a combination application. The parcel is in the city, zoned C-G. It is built out as a Planned Development that was approved, I believe, in '99. Has the Norco building and the strip mall there with restaurants and Sprint and others there on Fairview just east of Fred Meyer. The Dove Meadows Subdivision abuts the parcel to the north. The site presently does have -- a Sonic Drive-in was recently approved here on this Lot 1, I believe, at the southeast corner. That is the one that is not been constructed yet, but has been approved, as you well know. The improvements are all installed and constructed. Landscaping on Fairview is in. The minimum parking requirements are met by each of the uses, so they do have their minimum parking on each of those lots. That's the reason for the -- kind of rather odd configuration of this Lot Number 2 that kind of has two flags down to Fairview. They also do have a cross-parking easement throughout plat, so that is addressed there. Planning and Zoning Commission did recommend approval of the plat with conditions, you have that before you, and I believe that's all I have. Corrie: Okay. Thank you, Brad. Any questions of staff? Thank you. Applicant? Is the testimony you are about to give the truth, the whole, and nothing but the truth, so help you God? Boyle: It is. Corrie: Name and address, please. Boyle: Clint Boyle with Pinnacle Engineers, 12552 West Executive Drive, Boise, Idaho 83713. Mayor and City Council Members, it's a pleasure to be here today. I did want to just add to the staff comments on this. I think they covered everything. It's a pretty straightforward project. All the improvements are in. Another reason for the lot configuration the way it is here is so over Thanksgiving I can take this and cut it out and give my five-year-old son a little puzzle to put together. It works out pretty well. It is a puzzle if you look at it there but, no, the lot configurations are a little odd. That was just so that each specific building on the site, the retail center, the Norco building, and the Sonic Drive-in, are all self-parked on their own individual lots. They will have a cross- access easement that will be a blanket easement across the entire site that will be recorded as part of the CC&R's on the project and it's also specified on the plat. The only real comment that I had was just a minor clarification, it's very minor detail, and that is on Item Number 3 -- A-3, I guess is what I will say on the recommendation, where it says graphically depict all existing easements lying within the boundaries of the subdivision. We will certainly do that. That note -- I actually believe that the Planning Commission motion struck that item from the recommendation, but it really doesn't matter. The issue at hand there was that the City of Meridian has a water line easement on this site and there is actually a water line that kind of snakes around back by the Norco building and loops around the retail center and back out to Fairview. Anyway-- but it runs through the site and they wanted to make sure that that easement was protected. Well, the easement is a blanket easement across this entire parcel, the Meridian City Council November 26, 2002 Page 18 of 21 entire 5.5 acres, it just stated that you guys, essentially, have access anywhere where there is not an improvement to put in water lines. There is really no way to graphically show it on there. We do have it noted on the Final Plat with the instrument number referenced for that Meridian City Easement. That's it. Happy Thanksgiving and would respectfully request for your approval of the subdivision this evening. Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Well, since it's early and we haven't given anyone a hard time, I'm really trying to find something to -- staff, what can we replace A-3 with? Does that -- can it be deleted and just have the notation on the plat? Would that suffice? Watson: Council Member de Weerd, I think that would fine. If we -- I don't recall that we have a blanket easement over the whole site, but if there is an instrument number, I guess we do. They are very trusting if they did give us that blanket easement. Corrie: I'm glad it's on record. Boyle: I will say that we didn't draft the easement. Whoever did must have been very trusting. Actually, I have the minutes from the Planning Commission, so if anybody wants to peruse through them over the next hour while you're sitting here or whatever you -- De Weerd: If that could be noted on the Final Plat, that that could probably meet this -- Watson: Yes. That will meet the condition, if the instrument number is referenced in a note on the plat, rather than graphically depicted. Corrie: Thank you. Is there anyone else from the public that would like to issue testimony in this hearing? Let the record note that Councilman Nary has returned and is part of the Council again. Okay. Hearing no one else in the Public Hearing, questions from staff or Council on the Public Hearing? Bird: I have none, Mayor. Corrie: Then I will entertain a motion to close the Public Hearing. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we close the Public Hearing for PFP 02-004 for Norco Subdivision by Pinnacle Engineers. Meridian City Council November 26, 2002 Page 19 of 21 McCandless: Second. Corrie: Motion has been made and seconded to close the Public Hearing. Any further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Any further discussion on the request for Preliminary and Final Plat? Hearing none, I will entertain a motion on the request. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: It's going to be a real long motion. Corrie: Okay. De Weerd: I move that we approve the request for Preliminary and Final Plat approval of three building lots on 5.5 acres in a C-G zone for Norco Subdivision by Pinnacle Engineers, Inc., to note a change on the recommendation from the Planning and Zoning Commission to change A-3 to strike graphically deplete -- McCandless: Depict. De Weerd: Depict. Just delete the whole thing, note that easements will be noted on the Final Plat, and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. The motion is carried. MOTION CARRIED: ALL AYES Corrie: Since that was the last item on the agenda, I would like to extend a Thanksgiving wish to all of you on the Council. I will be gone Thanksgiving and the day after and on the record who should I, say should be in charge while I'm in Colorado? I will be back Sunday, the good Lord willing and -- any further comments? Discussion? Okay. Hearing none, then with that I will entertain a motion to close the meeting. Meridian City Council November 26.2002 Page 20 of 21 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I just wanted to note that we have five bumper cars for the Winterland Parade. I'm not quite sure if bumping will be allowed, only by the president of the Council, so barring any others. We also -- the Mayor and I kind of discussed this, that I believe we all have our blue jackets. That would be appropriate garb and we don't expect you to dress in tights. Corrie: Do you want to wear a Santa Claus type flopping hat and our blue coats? Is that what we -- we better find out where we get the hats. Bird: Oh, you just want Santa Claus hats? Corrie: Yes. De Weerd: We have ~ot them. Bird: We have got them. Corrie: Do we all have one? Bird: We had them two or three years ago. Corrie: Okay. Bird: If I can find mine. De Weerd: Find your hats. Corrie: We all signed the parade disclosure that we won't sue the city. Bird: I've got one request. I get the fastest machine. De Weerd: No. I get to choose first. Corrie: All right. Then with nothing further, I will entertain a motion to close the Public Hearing. Bird: So moved. Nary: Second. Corrie: Motion has been made and seconded to close the Council Meeting. All in favor say aye. Meridian City Council November 26, 2002 Page 21 of 21 MOTION CARRIED: ALL AYES Corrie: Meeting closed at five minutes until 8:00. MEETING ADJOURNED AT 8:05 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~ ROBERT D. CORRIE, MAYOR /2--/ {O / CJ 2- DATE ATTESTED:c:JI~~~ I WILLIAM G. BERG, J BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 11/12/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR MERICOM ) CORPORATION IN AN I-L ZONE, ) LOCATED AT 3735 N. TEN MILE ) ROAD, APPROXIMATELY ~ MILE ) NORTH OF USTICK ROAD, ) MERIDIAN, IDAHO ) ) MERICOM CORPORATION, ) ) APPLICANT ) ) Case No. CUP-02-025 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 November 12, 2002 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Director of the Planning and Zoning Department, and Cameron McFadden, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Plmming 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 November 12, 2002, before FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries ofthe 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 November 12, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code S9 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an I-L zone and by reason of the provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 3735 N. Ten Mile Road, approximately 14 mile north of Ustick Road, Meridian, Idaho. 5. The owner of record of the subject property is Bilmar, Inc., an Idaho corporation, 5640 N. Eagle Road, Boise, Idaho. 6. Applicant is Mericom Corporation, 7819 W. Preece Drive, Boise, Idaho 83704. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 7. The subject property is currently zoned I-L. The zoning district ofl-L is defined wi thin the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for construction of a wireless communications facility consisting of a 125' tall steel monopole and supporting equipment. The I-L zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 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 - 3 A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site-Specific Requirements 1. The monopole structure and antenna array shall be painted a matte earthen color or otherwise camouflaged to reduce glare and visual intrusiveness. The monopole structure and antenna array shall be treated in a manner that reduces any glare or excessive visual intrusiveness of such equipment. 2. The climbing pegs on the tower, below 20', shall be removed and shall only be used when the tower is being serviced. 3. All lighting, other than that required by the FAA, shall be prohibited. 4. The tower shall not have any catwalk, crow's nest, or platform erected thereon except during times of construction or repair. 5. The tower shall be constructed, as proposed, to allow for at least two additional antenna arrays and shall be made available for co-location to other users. 6. No signs or banners shall be allowed anywhere on the tower structure except those signs required for safety purposes. General Requirements 1. A Certificate of Zoning Compliance shall be obtained prior to applying for a building permit. 2. A building permit shall be obtained prior to the start of construction. 3. This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new Conditional Use Permit must be obtained prior to the start of development. Adopt the Recommendations of the Meridian Fire Department as follows: Provide a 12' wide road to the proposed building constructed with 6" of pit run and 2" of % crushed gravel. Post the building address with 6" numbers, which are visible from the street. Provide fire extinguishers per the Uniform Fire Code Std. 10-1. Comply with Article 64 of the Uniform Fire Code for Battery Storage Rooms, if applicable. Insure that all right-of-way areas are maintained free of combustible vegetation per 1103.2.4 of the Uniform Fire Code. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: The Nampa & Meridian Irrigation District's Creason Lateral courses along the south boundary of the proposed project. Any encroachment within the easement area of the Creason Lateral must have approved plans and a signed License Agreement. B. 1. 2. 3. 4. 5. C. 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 D. Adopt the Recommendations of the Meridian Water Department as follows: 1. Applicant should ensure the proposed project does not interfere with the Water Department's telemetry at Well 19. E. Adopt the action of the Council taken at their November 12,2002 meeting as follows: 1. The Applicant shall be allowed to increase the maintenance building by two feet in length, and shall be allowed to construct the maintenance building the size of 12' by 30'. 2. For clarification, the Applicant shall be required to paint the 125' monopole and supporting equipment every eight (8) years. 13. It is found that the site is large enough to accommodate the required landscaping, yards and other features required by the Zoning Ordinance. When the Ten Mile Mini-storage facility was approved, there was no requirement placed on the developer to provide any landscaping on the southern boundary of the property. Likewise, applicant has not proposed any landscaping in the area around the proposed tower, because it backs directly up to the Creason Lateral and then the Wastewater treatment plant. It is felt that no additional landscaping should be required for this application. 14. The "93" Comprehensive Plan Land Use Map (in effect at the time of submittal) designates the property as "Agricultural/Rural Residential. Nevertheless, in 2000 the City Council approved annexation of the property with an I-L zone. It is found, therefore, based on the Council's previous decision to zone the property I-L, that the proposed use is harmonious with the Comprehensive Plan. It is further found that the proposed use is in compliance with the Meridian City Code. 15. It is found that the proposed use will be compatible with the other commercial and industrial uses in the general vicinity. 16. It is not anticipated that the proposed uses will have an adverse affect on the other FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 property in the vicinity if designed, constructed, operated and maintained in accordance with any conditions of approval and the city ordinances. 17. It is found that the proposed development will be adequately served by the essential public facilities and services. 18. It is found that the proposed use would not create additional requirements at public cost for public facilities and service and will not be detrimental to the economic welfare of the community. 19. It is not anticipated that the proposed use will be detrimental to the general welfare of the community by means of increased traffic, noise, smoke fumes, glare or odors generated by the uses. 20. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. 21. It is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subj ect to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code 9 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, 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 with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, ifit complies with 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, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment ofthe 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 will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. 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 Light Industrial District (I-L), 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 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E, Designate the exact location and nature ofthe 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: L That the above named applicant is granted a conditional use permit for construction of a wireless communications facility consisting of a 125' tall steel monopole and supporting equipment in an I-L zone located at 3735 N. Ten Mile Road, approximately Y4 mile north of Ustick Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site-Specific Requirements FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 1. The monopole structure and antenna array shall be painted a matte earthen color or otherwise camouflaged to reduce glare and visual intrusiveness. The monopole structure and antenna array shall be treated in a manner that reduces any glare or excessive visual intrusiveness of such equipment. 2. The climbing pegs on the tower, below 20', shall be removed and shall only be used when the tower is being serviced. 3. All lighting, other than that required by the FAA, shall be prohibited. 4. The tower shall not have any catwalk, crow's nest, or platform erected thereon except during times of construction or repair. 5. The tower shall be constructed, as proposed, to allow for at least two additional antenna arrays and shall be made available for co-location to other users. 6. No signs or banners shall be allowed anywhere on the tower structure except those signs required for safety purposes. General Requirements 1. A Certificate of Zoning Compliance shall be obtained prior to applying for a building permit. 2. A building permit shall be obtained prior to the start of construction. 3. This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new Conditional Use Permit must be obtained prior to the start of development. Adopt the Recommendations of the Meridian Fire Department as follows: Provide a 12' wide road to the proposed building constructed with 6" of pit run and 2" of % crushed gravel. Post the building address with 6" numbers, which are visible from the street. Provide fire extinguishers per the Uniform Fire Code Std. 10-1. Comply with Article 64 of the Uniform Fire Code for Battery Storage Rooms, if applicable. Insure that all right-of-way areas are maintained free of combustible vegetation per 1103.2.4 of the Uniform Fire Code. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: The Nampa & Meridian Irrigation District's Creason Lateral courses along the south boundary of the proposed project. Any encroachment within the easement area of the Creason Lateral must have approved plans and a signed License Agreement. D. Adopt the Recommendations of the Meridian Water Department as follows: 1. Applicant should ensure the proposed project does not interfere with the Water Department's telemetry at Well 19. B. 1. 2. 3. 4. 5. C. 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 E. Adopt the action of the Council taken at their November 12, 2002 meeting as follows: 1. The Applicant shall be allowed to increase the maintenance building by two feet in length, and shall be allowed to construct the maintenance building the size of 12' by 30'. 2. For clarification, the Applicant shall be required to paint the 125' monopole and supporting equipment every eight (8) years. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 By action of the City Council at its regular meeting held on the J ~{/efvt,~ Iyt? .2002. 26-I!L ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE Mc CANDLESS VOTED~ COUNCILMAN WILLIAM L.M. NARY VOTED /l-~Jcvt; MAYOR ROBERT D. CORRlE (TIE BREAKER) VOTED DATED: //--2b-OZ- MOTION: ~ APPROVED:~ DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department. Public Works . \ \\ II III 1111 f Department and the CIty Attorney. \\\\\\ ~ 11/1111 ,..., _I Q- /,t., ,'" ..l-" '/ ~ ~" ~~.,~"" '/ S' 0 cP1i''PUI'l/i ,~>, ':':;. ""'" ~I,f'c,,'" ~\ .-'. ~ ~ ~<) ~S - . 1 V I.-. 'J L__IJ"" - SE1LLDat~d: l./~ ~(/~ I:.- , -. _ f-j J :;;; 'I... ~~):::: ~ ,-41 ,~(,) ~ ~ 1'A U8r 1'5\ . ..s.\:.f ~ V.,& <";\' ,'" ",I' .'1 ,,-,. \V ,'" "'?.t "-'CH t_?J"1~'( J ~"" 1/IJ".q.., ....\\' !~ lie ,t - .', ,~ By: City Clerk day of Z:\Work\M\Meridian\Meridian 15360M\ Verizon Wireless CUP-02-025\FfClsCUP02-025.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 11/12/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FORMERICOM ) CORPORATION IN AN I-L ZONE, ) LOCATED AT 3735 N. TEN MILE ) ROAD, APPROXIMATELY ~ MILE ) NORTH OF USTICK ROAD, ) MERIDIAN, IDAHO ) ) MERICOM CORPORATION, ) ) APPLICANT ) ) Case No. CUP-02-025 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the November 12, 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 ofthe Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit to construct a wireless communications facility consisting of a 125' tall steel monopole and supporting equipment in an I-L zone located at 3735 N. Ten Mile Road, approximately ~ mile north of Ustick Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site-Specific Requirements 1. The monopole structure and antelll1a array shall be painted a matte earthen color or otherwise camouflaged to reduce glare and visual intrusiveness. The monopole structure ORDER CONDITIONAL USE PERMIT (CUP-02-025) -1 and antenna array shall be treated in a manner that reduces any glare or excessive visual intrusiveness of such equipment. 2. The climbing pegs on the tower, below 20', shall be removed and shall only be used when the tower is being serviced. 3. All lighting, other than that required by the FAA, shall be prohibited. 4. The tower shall not have any catwalk, crow's nest, or platform erected thereon except during times of construction or repair. 5. The tower shall be constructed, as proposed, to allow for at least two additional antenna arrays and shall be made available for co-location to other users. 6. No signs or banners shall be allowed anywhere on the tower structure except those signs required for safety purposes. General Requirements 1. A Certificate of Zoning Compliance shall be obtained prior to applying for a building permit. 2. A building permit shall be obtained prior to the start of construction. 3. This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new Conditional Use Permit must be obtained prior to the start of development. Adopt the Recommendations of the Meridian Fire Department as follows: Provide a 12' wide road to the proposed building constructed with 6" of pit run and 2" of % crushed gravel. Post the building address with 6" numbers, which are visible from the street. Provide fire extinguishers per the Uniform Fire Code Std. 10-1. Comply with Article 64 of the Uniform Fire Code for Battery Storage Rooms, if applicable. Insure that all right-of-way areas are maintained free of combustible vegetation per 1103.2.4 of the Uniform Fire Code. Adopt the Reconunendations of the Nampa & Meridian Irrigation District as follows: The Nampa & Meridian Irrigation District's Creason Lateral courses along the south boundary of the proposed project. Any encroaclunent within the easement area of the Creason Lateral must have approved plans and a signed License Agreement. D. Adopt the Recommendations of the Meridian Water Department as follows: 1. Applicant should ensure the proposed project does not interfere with the Water Department's telemetry at Well 19. B. 1. 2. 3. 4. 5. C. 1. ORDER CONDITIONAL USE PERMIT (CUP-02~025) -2 E. Adopt the action of the Council taken at their November 12, 2002 meeting as follows: 1. The Applicant shall be allowed to increase the maintenance building by two feet in length, and shall be allowed to construct the maintenance building the size of 12' by 30'. 2. For clarification, the Applicant shall be required to paint the 125' monopole and supporting equipment every eight (8) years. 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 S 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the }/ove~~ 26~ day of , 2002. R~~Meridian BTJI~~~{9- City Clerk j' Copy served upon Applicant, the Plalli1ing and Zoning Department, Public Works Department and City Attorney. \\\\\\O\\\~IMIH:~~/JIIIII \'\.\..J r '..:::R'h """ .....,... ::\' !v/d //."'''' "c} t\P{),b. ~~'-;' .$ _,-cP . -''''I~ V -:;. S ~ (I ~ Dated: 11- 2b~- tJ b ~ ~ - - ~ ~ .... X'lo .,'" i>.: .::;.<>. 'lV' ,,' " .'."\'''' . \ \\\ Z:\ WorkWWeridianWeridian ] 5360M\Verizon Wireless CUP-02-025\OrderCUP02-025.doc ORDER CONDITIONAL USE PERMIT (CUP-02-025) -3 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST ) FOR CONDITIONAL USE PERMIT FOR ) A CARL'S JR. IN A C-G ZONE, ) LOCATED ON SOUTH MAIN STREET, ) NORTH OF THE MERIDIAN ROAD AND ) MAIN STREET INTERSECTION, MERIDIAN,) IDAHO ) ) ) ) ) BY: CLAYTON JONES, APPLICANT. CIC 11/12/02 CUP-02-026 ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on November 12, 2002, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of7:00 o'clock p.m., and the Council having received the record ofthis matter from the Planning and Zoning Commission including the Planning and Zoning Commission's Recommendation to City Council and the minutes of that hearing, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, Clayton Jones, Daniel Skinner, Phil Atteberry, and Jonathan Gibbs, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. 1 (CUP-02-026) - 1 1. The City Council takes judicial notice of its Zoning, Subdivision 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 0 f Meridian adopted December 21, 1993, Ordinance #629 - January 4, 1994 and Maps. 2. Staffhas complied with the requirements ofLC. SS 67-6509 and 67- 6512 and SS 11-2-416 E and 11-2-418 E. 3. The proposed location for the applicant's business is located near the northern comer of the intersection of Meridian Road, 1 st Street and Central Drive, Meridian, Idaho. The following uses surround the subject property: North - a Taco Bell restaurant, South - A&W/KFC restaurant, East - Central Valley Corporate Center and West - Redlin Photography Studio, all wi th a C-G zoning. 4. The proposed use would be a Carl's Jr. with a drive-through. The proposed restaurant would replace the existing building that formerly housed the Kentucky Fried Chicken restaurant, located between the existing Taco Bell and the new A&W/KFC restaurants. When the new A&WIKFC restaurant received approval for their required conditional use permit, one of the conditions of approval was to abandon the drive-through use of the then existing KFC building and the proposed use now requests construction ofa 3,901 sq. ft. Carl's Jr. restaurant with drive-through, and said drive-through was transferred to the new A&W/KFC restaurant. 5. Business owners of Taco Bell and the new A&W/KFC located between the proposed use, and Bolo's restaurant located on the same lot as the proposed use, already experience traffic congestion at certain times of the day and night, and the proposed use would ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. I (CUP-02-026) - 2 significantly impact the traffic and add additional congestion to the area. 6. More likely than not, the additional proposed use with a drive-through, in the same lot area would increase the problems cited in Finding number Five above. 7. The proposed use would not allow adequate on-site parking for employees and the providing of the off-site parking for employees was not discussed with the other businesses located near the proposed site. Concerns were raised about the safety of the employees using the off-site parking due to the present business's security policies and procedures, lighting, and for the safety of the employees having to cross a heavy traffic road to reach the off-site parking. Since there is already inadequate on-site parking, and since the businesses located around the proposed site did not give their approval for off-site parking, the proposed use would be a problem for the other businesses located on the same lot. 8. Additionally, none ofthe business tenants located in the same block as the proposed site were given Notice or ever saw a Notice for the hearings on the proposed application. CONCLUSIONS OF LAW 1. The proposed use would be detrimental to other businesses in the same block because ofthe traffic congestion it would create. 2. The proposed use would be detrimental to other persons because the traffic congestion created by the use would create safety problems. 3. The site is not large enough to accommodate the proposed use. 4. That the design and operation will not be compatible with the existing or intended ORDER OF DENIAL OF APPLICA nON FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. I (CUP-02-026) - 3 character of the general vicinity and that such use would adversely change the essential character of the same area due to traffic congestion. 5. That the proposed use would be served adequately by essential public facilities and services. 6. That the proposed use would not create excessive additional cost for public facilities. 7. That the proposed use would involve activities or processes, and conditions of operation that would be detrimental to persons, property, or the general welfare by reason of excessive production of traffic and noise ORDER OF DENIAL OF APPLICATION NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, the above named applicant is denied the requested conditional use permit. The City Council of the City of Meridian hereby adopts and approves this Decision and Order of Denial. ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. I (CUP-02-026) - 4 #-- ,,/ . Dated this 26 - day of lff!?vef4t../~ , 2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~tL- COUNCILWOMAN TAMMY deWEERD VOTED--$-Ci- COUNCILWOMAN CHERIE McCANDLESS VOTED~ COUNCILMAN WM. L. M. NARY VOTED 116~ - MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 11--2-6 .- t? 2- VOTED MOTION: ~~ APPROVED' DISAPPROVED: Copy served upon Applicant} the Planning and Zoning Department} Public Works Department and the City Attorney. By~~9- City Clerk Dated: - - :;. - - Z:\Work\M\Meridian\Meridian I 5360M\Carl's Jr. CUP-02-Q26\FFCLOrdCUPDenial02026.doc ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. / (CUP-02-026) - 5 ( . .._--.~-_...... ....1......... nnf"JltlV BOISE IDAHO 12/02/02 01:57 ~M DEPUTY Bonnie OberbiUig( ~~~~~f~~DCIT~EQUEST OF ........ 11I/11111 fI 1/1111 1111 1./1111 1111I1110 AMOUNT .on H.121433r;}r; JlI DEVELOPMENT AGREEMENT PARTIES: 1. 2. 3. City of Meridian William Curtis, Owner Hopkins Financial Services, Inc., Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 24+6.. day of {)c.h ~ , 200 z" by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and WILLIAM CURTIS, hereinafter called "OWNER", whose address is 2630 East Franklin Road, Meridian, Idaho 83642, and HOPKINS FINANCIAL SERVICES, INC., hereinafter called "DEVELOPER", whose address is III Auto Drive, Suite 105, Boise, Idaho 83709. 1. RECITALS: 1.1 WHEREAS, "Owner" is the sole owner, in law and/or equity, of certain tract ofland in the County of Ada, State ofIdaho, 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, LC. S67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner" or "Developer" make a written commitment concerning the use or development of the subj ect "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner" and "Developer" have submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-40) High Density Residential District, (C-N) Neighborhood Business District, and (C-G) General Retail and Service Commercial District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner" and "Developer" made representations at the public hearings both before the Meridian Planning & Zoning DEVELOPMENT AGREEMENT (AZ-02-011) - 1 Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "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 I sP day of eJchkv, 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 "Owner" and "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" and "DEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner" and "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by 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 11 and Title 12. DEVELOPMENT AGREEMENT (AZ-02-011) - 2 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 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 ofIdaho, organized and existing by virtue oflaw ofthe State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER": means and refers to William Curtis, whose address is 2630 East Franklin Road, Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "DEVELOPER": means and refers to Hopkins Financial Services, Inc., whose address is III Auto Drive, Suite 105, Boise, Idaho 83709, the party developing said "Property" and shall include any subsequent owner(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. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (F. H. K) which are herein specified as follows: DEVELOPMENT AGREEMENT (AZ-02-011) - 3 Construction and development of the 24.89 acres asfollows: The northernmost 9.10 acres as R-40j the 1.74 acres as C-N, and the remaining 13.79 acres, adjacent to Fairview Avenue as C-G, with the intent to develop and construct a 192-unit apartment complex for the proposed northern 9.10 acres. The applicant proposes that the southern portion be developed as a commercial building site, including a fast-food establishment, two banks, three commercial buildings, and a!l office building. Development shall be consistent with the Meridian Comprehensive Plan Generalized Lane Use Map which designates the property as Existing Urban, and go through the planned development process and as conditional uses. 4.2 No change in the uses specified in this Agreement shall be allowed without modification ofthis Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner" and "Developer" are required to submit to "City" an application for conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: A. "Owner" and "Developer" shall develop the "Property" in accordance with the following special conditions: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City <?rdinance. 2. Applicant shall enter into a Development Agreement prior to annexation. The Development Agreement shall restrict the uses allowed within the C- Nand C-G zones of this annexation to those uses proposed in the Fairview Lakes Planned Development Application. No drive-thru facilities shall be permitted in the C-N zone. 3. The recordation of the final plat shall be required, including dedication and DEVELOPMENT AGREEMENT (AZ-02-011) - 4 construction of improvements associated with the new street right-of-way, prior to the issuance of any Certificate of Occupancy for any buildings within the apartment complex. B. Adopt the Recommendations of the ACHD as follows: 1. Dedicate 60 feet of right-of -way from the centerline ofFairview Avenue abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The Owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the Owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct a 5 foot concrete sidewalk on Fairview Avenue located 2 feet within the new right of way. If the sidewalk meanders, the sidewalk shall meander outside of the right-of-way and the applicant shall provide an easement for the sidewalk. 3. Construct and install the signal and any related roadway improvements that are necessary for the proposed signal at the intersection ofFairview A venue and the commerciaL/industrial roadway that extends north into the site. 4. Construct a commerciaL/industrial roadway that intersects with Fairview Avenue 310 feet east of the west property line, as proposed. 5. Construct the internal roadways as 40 foot street sections with curb, gutter, and 5 foot concrete sidewalk within 54 feet of right-of-way, as proposed. The portion of the commerciaL/industrial roadway that connects to Teare Avenue shall taper appropriately to accommodate for drainage. 6. Construct a 30 foot wide driveway to intersect Fairview Avenue approximately 240 feet west of the east property line, as proposed. 7. Construct a 30 foot wide driveway to intersect the commerciaL/industrial DEVELOPMENT AGREEMENT (AZ-02-011) - 5 roadway a minimrnn of 50 feet north of Fairview Avenue, as proposed. 8. Construct two 25 foot wide driveways to intersect the commerciaVindustrial roadway approximately 195 feet north ofFairview Avenue, as proposed. These driveways shall align with one another. 9. Construct a 22 foot wide driveway to intersect the commerciaVindustriaI roadway approximately 345 feet north of Fairview Avenue, as proposed. 10. Construct a 22 foot driveway to intersect the commerciaVindustrial roadway that extends north from Fairview Avenue approximately 580 feet north ofFairview Avenue, as proposed. 11. Construct a 35 foot wide driveway to extend directly north of the commerciaVindustrial roadway and proposed to intersect the northern portion of the cul-de-sac, as proposed. 12. Construct a 25 foot driveway to intersect the commercial1industrial roadway that extends from Fairview Avenue north and is proposed to be located 50 feet north ofthe commerciaVindustrial roadway that runs east and west, as proposed. 13. Construct two 30 foot wide driveways to intersect the commercial! industrial roadway that runs east and west and is proposed to be located approximately 160 feet east of the commercial!industrial roadway that extends from Fairview Avenue to the north, as proposed. 14. Pave the driveway its full width and at least 30 feet into the site beyond the edge of pavement ofthe roadway and install pavement tapers with 15 foot radii abutting the existing roadway edge. 15. Extend Teare Avenue as a 40 foot street section with curb, gutter and 5 foot concrete sidewalk within 54 feet of right-:of-way, as proposed. 16. Terminate Clarene Street at its current location and construct bollards for emergency access only, as proposed. 17. Construct a cul-de-sac turnaround at the north end of the commerciaV industrial roadway that extends north from Fairview Avenue. The cul-de- sac turnaround shall be constructed to provide a minimum turning radius of 55 feet. DEVELOPMENT AGREEMENT (AZ-02-011) - 6 18. Comply with all Standard Conditions of Approval. C. Adopt the recommendations of the Meridian Fire Department as follows: 1. That a fire flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Please show all proximity hydrants within 500' of the project on the resubmitted plat. 2. All entrances and internal roads shall have corners with a minimum of a 28' inside radius and 48' outside radius. 3. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. 4. Acceptance ofthe water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, which is 20' wide. Any building more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. 7. Provide an approved turnaround for any street which exceeds 150' in length as a result of the phasing of the project. 8. The proposed 192-unit subdivision will have an unknown transient population and will have an unknown impact on Meridian Fire Department requests for service. According to a report completed by Fire & Emergency Services Consulting Group in February of2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010, which is up from 2069 responses in the year 2000. 9. All building uses and occupancies shall have to meet the separation requirements of the Uniform Building Code. DEVELOPMENT AGREEMENT (AZ-02-0 11) - 7 D. Adopt the recommendations of Meridian Parks and Recreation as follows: 1. The landscape buffer that runs along the eastern side of the entrance road from Fairview A venue should be a minimum or 20' in width. This will allow the 10' wide hard surface path to meander within the buffer. 2. The building adj acent to the northern boundary of the Jackson Drain needs to be moved to the north to allow for a 20' landscape buffer and pathway. E. Adopt the recommendations of the Nampa & Meridian Irrigation District as follows: 1. A Land Use Change/Site application shall be filed. 2. It the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the District, contact the District. Fill out and return a questionnaire to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. F. Adopt the action of the City Council from their Tuesday, September 17, 2002 meeting as follows: 1. The applicant shall provide a 30 foot landscape buffer along the east side of the apartment complex, which is a 20 foot landscape buffer, with a 10 foot pathway running through it. 2. That traffic bollards shall be placed at the south end of Teare so that it is accessible by pedestrians. 3. The applicant shall provide buffering along south side of the Smith property, which is in the most southerly lot inthe existing residential subdivision. A 10 foot wide buffer strip will presently be provided, but the adjacent property would like to see this buffer increased, and therefore, the applicant shall work with the property owner for clarification on the buffering. 4. The applicant shall have to apply for a Miscellaneous Application to allow the north-south stre~t coming off of Fairview into the project to be approved as a private street by Council, until such time as the area is DEVELOPMENT AGREEMENT (AZ-02-01 I) - 8 platted and upon platting would then become public right-of-way, which Miscellaneous Application is to be heard at the Council meeting to be held on October 1,2002. 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" and "Developer" or "Owner" and "Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. S 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner" and "Developer" consent upon default to the de-annexation and/or a reversal ofthe 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" and "Developer" and ifthe "Owner" and "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner" and "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner" and "Developer", "Owner" and "Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the DEVELOPMENT AGREEMENT (AZ-02-0 11) - 9 "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner" and "Developer" of anyone or more ofthe 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. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner" and "Developer's" cost, and submit proof of such recording to "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. lffor any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "city" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner" and "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, ifthe 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. DEVELOPMENT AGREEMENT (AZ-02-011) - 10 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 ofthe 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 oftime of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds) irrevocable letters of credit) cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code 912-5-3, to insure that installation ofthe improvements, which the "Owner" and "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner" and "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner') and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner" and "Developer" agrees to abide by all ordinances ofthe City of Meridian and the "Properti) shall be subject to de-annexation ifthe owner or his assigns, heirs) or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law) this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER: c/o City Engineer City of Meridian 660 E. Watertower, Suite 200 Meridian, ill 83642 William Curtis 2630 East Franklin Road Meridian, Idaho 83642 DEVELOPMENT AGREEMENT (AZ-02-011) - 11 with copy to: DEVELOPER: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 Hopkins Financial Services, Inc. 111 Auto Drive, Suite 105 Boise, Idaho 83709 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereofin accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto aclmowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit ofthe 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 owner 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 owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner" and "Developer", to execute appropriate and recordable evidence oftermination ofthis Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" 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 ofthe other provisions contained herein. DEVELOPMENT AGREEMENT (AZ-02-011) -12 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-02-011) -13 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER: _W~ZJf/r'~~ William Curtis HOPKINS FINANCIAL SERVICES, INC., DEVELOPER BY: Attest: BY: ~~ CITY OF MERIDIAN BY ~A_':C ~\):\@R'FJQij,?RT D. CORRIE ~"'~ Of ~~1114 . ~...~(:.. ,..~ Attest: :$ V" '#~Oft..th 't. ~ \<() ~ :; , - - '~p &, " I j "<.. SEAL tS' J ~fA. =-7 ~ .-<it.... ...OJ 0 $ CITY CLERK ~ 1:> "'.:sr 1$1' . .>..~ $ ;';"o?;.". ";If f'\-. ....-...J ~<f(. :;:-....f "/1,.. "'UUN } l' .....;,... Itl1f/, '. ."'.".\\\\ , .t ~.: ~ of ~~ .. 1 DEVELOPMENT AGREEMENT (AZ-02-011) - 14 , STATE OF IDAHO) :ss COUNTY OF ADA ) On this ()~, in the year 2002, before me, ~ a Notary Public, personally appeared William Curtis, known 0 identified to me to be the person who executed the instrument and acknowledged to me that he executed the same. . \\\\"\"'U/'",,, 7k ~ ~ . . ", x.R 0 I, ,......... ~~ \\....nllll", It f>."";, ~ ~ f <0 .~......; () ""'~ ~ ~ _ _ (SEAL) I ~ IQ:: /..>\ u.. ~ Not~'-p@)lic fOl/Jdaho . /J /J ::? ~<t" CO: 0 = ResIdmg at: ~~tVlt, ~; a:. ~;,-o^ c ~ j I..t.u ~ Commission expires: 01- o..J -eJ ? ... ~""'" I ,.:-""~ .; ,f-.... (/.' ......... 't")oo. " ~ ..t~ oIl' \'L'" .A...."{ .... " ' y..( . q.u.uu...,\~ s" ,.... "-""" b'ttl^1 "" "'/ ~'i ", /1/1/11111""\ STATEOFIDAHO ) :ss COUNTY OF ADA ) On this 2'1..J. day of a..,dl"r , in the year 2002, before me, .5K,,~ ~ ~ t6.'1jt"l a Notary Public, personally appeared ,...e~ ,.#. ~....iiAJ.j and ________ , known or identifiea to me to be the fi.cJ'...;I,.~ and ~ of Hopkins Financial Services, Inc., and the persons who executed the instnunent and acknowledged to me that they having executed the same on behalf of said Hopkins Financial Services, Ine.. (SEAL) Not~ for Idaho Residing at:.db.l~ :rD Commission expires: 7///~.5 DEVELOPMENT AGREEMENT (AZ-02-011) - 15 STATE OF IDAHO ) :ss County of Ada ) (SEAL) On this ,2[; {fr.... day of 11{)v e'~Vlt-U'--' , in the year 2002, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, Jr. , known 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. ......0.. ..ON s.A:~, ~. ~---~~:.v:.. : /'6'I~~~,~. .. /~ r .;:".. :CfJ(' -:-r \ ~ . I · . I a . , . . , ' .. ... ~,,'?:rJm.:\~..~... ....i<tti!-oi~... ....... ~cu1 M Sj,) u-ff--; Notary Public for Idaho Commission expires: 1-{- 2 g- - 0 c; Z:\Work\M\Meridian\Meridilln 15360M\FAIRVIEW LAKES AZ02.011 CUP02.014\DevelopAgr.doc DEVELOPMENT AGREEMENT (AZ-02-011) -16 EXHIBIT A Le2al Description Of Property R-40 A parcel of land located in the Southwest 1'4 of the Southeast Y4 of Section 6, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southwest corner of said Southwest Y4 of the Southeast Y4 of Section 6, T.3N., R.1E., B.M.; thence North 00020'01" East a distance of 50.01 feet along the Westerly boundary of said Southwest Y4 of the Southeast Y4 to a point on the Northerly right-of-way line ofFairview Avenue (U.S. Hwy30); thence leaving said Northerly right-of-way line North 00020'01" East a distance of 656.12 feet along said Westerly boundary to the REAL POINT OF BEGINNING; thence continuing North 00020' 0 1 "East a distance of 595.00 feet to a point on the Northerly boundary ofthe Southwest 14 of the Southeast 14 of Section 6; thence South 89053 '08" East a distance of 666.99 feet along said Northerly boundary; thence leaving said Northerly boundary South 00023'27" West a distance of593.67 feet; thence North 90000'00" West a distance of 666.40 feet to the POINT OF BEGINNING. Said parcel contains 396,236 square feet or 9.10 acres, more or less. C-N A parcel of land located in the Southwest Yo. of the Southeast 14 of Section 6, Township 3 North Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southwest corner of said Southwest ~ of the Southeast y.. of Section 6, T.3N., R.1E, B.M.; thence North 89011'07" East, 188.30 feet along the centerline ofFairview Avenue (U.S. Hwy. 30) to a point of curvature; thence continuing along said centerline, 148.02 feet along the arc of a curve to the right, said curve having a radius of 55966.02 feet, a central angle of 00009'06", and a chord bearing of South 89015'40" East, 148.02 feet to a point; thence leaving said centerline, North 00000'00" West, 486.36 feet to the TRUE POINT OF BEGINNING; thence continuing North 00000'00" DEVELOPMENT AGREEMENT (AZ~02-0 11) - 17 West, 215.19 feet to a point; thence North 90000'0011 East, 334.22 feet to a point; thence South 00023'27" West, 176.77 feet to a point; thence South 89005'22" East, 122.97 feet to a point of curvature; thence 62.10 feet along the arc of a curve to the right, a radius of 45.00 feet, and a central angle of 79004'23", and a chord bearing South 50027'49" West, 57.29 feet to a point of tangency; thence South 90000'00" West, 411.79 feet to the POINT OF BEGINNING. Said parcel contains 75,970 sq. ft., or 1.74 acres more or less. C-G A parcel of land located in the Southwest 14 of the Southeast 14 of Section 6, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Beginning at the Southwest comer of said Southwest 14 of the Southeast 14 of Section 6, T.3N., R.1E., B.M.; thence North 00020'01" East a distance of706.13 feet along the Westerly boundary of said Southwest 14 ofthe Southeast v.a; thence leaving said Westerly boundary line South 90000100" East a distance of332.18 feet; thence South 00000'00" East a distance of 215.19 feet; thence North 90000'00" East a distance of 411. 79 feet; thence 62.10 feet along the arc of a curve to the left, a radius of 45.00 feet, a central angle of 79004'23", and a chord bearing North 50027'49" East, 57.29 feet; South 89005'22" East a distance of 280.76 feet; thence South 00011107" West a distance of 463.26 feet to a point on the Northerly right-of-way line ofFairview Avenue (U.S. Hwy 30); thence along said right-of-way line, South 780 45'39" West a distance of7.22 feet to a point; thence leaving said Northerly right-of-way line, South 00023'20" West a distance of 50.00 feet to a point on the center line ofFairview Avenue (U.S. Hwy 30); thence 875.86 feet along the arc of a curve to the left, with a radius of 55966.02, a central angle of 00053'4811 and a chord bearing South 89038'01" West, 875.80 feet; thence South 89011 'OT' West a distance of 188.30 feet to the POINT OF BEGINNING. Said parcel contains 600,774 square feet or 13.79 acres, more or less. DEVELOPMENT AGREEMENT (AZ-02-011) -18 EXHIBIT B Findiug:s of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-02-011) - 19 BEFORE THE MERIDIAN CITY COUNCIL CIC 09-17-02 IN THE MATTER OF THE ) APPLICATION OF HOPKINS ) FINAJ.'fCIAL SERVICES, THE ) APPLICATION FOR ANNEXATION ) AJ.'ID ZONING OF 24.89 ACRES ) FOR PROPOSED FAIRVIE\V ) LAKES, LOCATED ON THE ) NORTH SIDE OF FAIRVIKW ) AVENUE, APPROXIMATELY 1/3 ) MILE \VEST OF LOCUST GROVE ) ROAD, MERIDIAN, IDAHO ) CASE NO. AZ-02-011 FINDINGS OF FACT .'-\.J.'ID CONCLUSIONS OF LAW AJ.'l'D DECISION AND ORDER GRANTING APPLICATION FOR ANNEX-\TION AND ZONING The above entitled annexation and zoning application having come on for public hearing on September 17, 2002, at the hour of7:00 p.m., and Steve Siddoway ofllie Planning and Zoning Department, and Doug Tamura, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code 9967-6509 and 67-6511, and Meridian City Code 99 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISrON AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIFAIRVIEW LAKES (AZ-02-011) - Page 1 629, January +, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, and is approximately 24.89 acres in size, is located on the north side of Fairview Avenue, approximately 1/3 mile west of Locust Grove Road, all within the ..\rea of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The O\vTIer of record of the subject property is William Curtis, 2630 E. Franklin Road, Meridian, Idaho; and the applicant is Hopkins Financial Services, Inc., 111 Auto Drive, Suite 105, Boise, Idaho. 5. The property is presently zoned by Ada County as RUT, and consists of vacant land. 6. The Applicant requests the property be zoned as follows: the northernmost 9.10 acres as RAO, 1.74 acres as C-N, and the remaining 13.79 acres, adjacent to Fairview Avenue as C.G, with the intent to develop and construct a 192-unit apartment complex is proposed for the northern 9.10 acres. The applicant proposes that the southern portion be developed as a commercial building site including a fast-food establishment, two banks, three commercial buildings, and an office building, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 7. The subject property is bordered to the north by the Meridian Place Subdivision and Willows Subdivision, to the south by a Daewoo Automobile Dealer and Ultra Touch Car WashfFuel Station across Fairview Avenue from the site, to the east by Settler's Village Subdivision and Dirty Harry's Car Wash, and to the west by Fairview Terrace Mobile Estates and an office/restaurant complex. Fil'IDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIFAlRVIEW LAKES (AZ-02~Oll) - Page 2 8. The City of Meridian Parks and Recreation Department believes that the partial piping/tiling and relocation of the Jackson Drain as proposed by the applicant may result in the partial loss and destruction 0 f a natural and scenic feature of major importance. 9. The City Council recognizes the concerns ofWende1 Bigham of Joint School District No.2 expressed in his letter of May 8,2002. 10. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance. 2. Applicant shall enter into a Development Agreement prior to annexation. The Development Agreement shall restrict the uses allowed within the C~N and C-G zones of this annexation to those uses proposed in the Fairview Lakes Planned Development Application. No drive-thru facilities shall be permitted in the C-N zone. B. Adopt the Recommendations of the ACHD as follows: 1. Dedicate 60 feet of right-of -way from the centerline ofFairview Avenue abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The Owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the Owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIFAIRVlEW LAKES (AZ-02-011) - Page 3 2. Construct a 5 foot concrete sidewalk on Fairview Avenue located 2 feet within the new right of way. If the sidewalk meanders, the side\valk shall meander outside of the right~of-way and the applicant shaH provide an easement for the sidewalk. 3. Construct and install the signal and any related roadway improvements that are necessary for the proposed signal at the intersection of Fairview Avenue and the commerciaVindustrial roadway that extends north into the site. 4. Construct a commerciaVindustrial roadway that intersects with Fairview Avenue 310 feet east of the west property line, as proposed. 5. Construct the internal roadways as 40 foot street sections with curb, gutter, and 5 foot concrete sidewalk within 54 feet of right-of-way, as proposed. The portion of the commerciaVindustrial roadway that connects to Teare Avenue shall taper appropriately to accommodate for drainage. 6. Construct a 30 foot wide driveway to intersect Fairview Avenue approximately 240 feet west of the east property line, as proposed. 7. Construct a 30 foot wide driveway to intersect the commerciaIJindustrial roadway a minimum of 50 feet north of Fairview Avenue, as proposed. 8. Construct two 25 foot wide driveways to intersect the commerciaVindustrial roadway approximately 195 feet north of Fairview Avenue, as proposed. These driveways shall align with one another. 9. Construct a 22 foot wide driveway to intersect the commerciaVindustrial roadway approximately 345 feet north ofFairview Avenue; as proposed. 10. Construct a 22 foot driveway to intersect the commerciaVindustrial roadway that extends north from Fairview Avenue approximately 580 feet north ofFairview Avenue, as proposed. 11. Construct a 35 foot wide driveway to extend directly north of the commerciaVindustrial roadway and proposed to intersect the northern portion of the cul-de-sac, as proposed. 12. Construct a 25 foot driveway to intersect the cornmerciaVindustrial roadway that extends from Fairview A venue north and is proposed to be located 50 feet north of the commerciaVindustrial roadway that runs east and west, as proposed. 13. Construct two 30 foot wide driveways to intersect the commerciaV industrial roadway that runs east and west and is proposed to be located approximately 160 feet east of the commerciaVindustrial roadway that extends from Fairview Avenue FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIFAJRVIEW LAKES (AZ-02-011) - Page 4 to the north, as proposed. l..k Pave the driveway its full width and at least 30 feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 toot radii abutting the existing roadway edge. 15. Extend Teare Avenue as a 40 foot street section with curb, gutter and 5 foot concrete sidewalk within 54 feet of right-of-way, as proposed. 16. Terminate Clarene Street at its current location and construct bollards for emergency access only, as proposed. 17. Construct a cul-de-sac turnaround at the north end of the commercial! industrial roadway that extends north from Fairview Avenue. The cul-de-sac turnaround shall be constructed to provide a minimum turning radius of 55 feet. 18. Comply with all Standard Conditions of Approval. C. Adopt the recommendations of the Meridian Fire Department as follows: 1. That a fire flow consistent with Appendix ill-A of the Uniform Fire Code be provided to service the entire project. Please show all proximity hydrants within 500' of the project on the resubmitted plat. 2. All entrances and internal roads shaH have comers with a minimum of a 28' inside radius and 48' outside radius. 3. The proposed buildings and uses shall comply with the 1997 Unifonn Fire Code. 4. Acceptance of the water supply for fIre protection is contingent upon acceptance ofthe water system by the City of Meridian for water quality. 5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, which is 20' wide. Any building more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. 7. Provide an approved turnaround for any street which exceeds 150' in length as a result of the phasing of the project. 8. The proposed 192-urnt subdivision will have an unknown transient population and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIFAIRVIEW LAKES (AZ-02-011) - Page 5 will have an unknown impact on Meridian Fire Department requests for service. According to a report completed by Fire & Emergency Services Consulting Group in February of2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010, which is up from 2069 responses in the year 2000. 9. All building uses and occupancies shall have to meet the separation requirements of the Uniform Building Code. D. Adopt the recommendations of Meridian Parks and Recreation as follows: I. The landscape buffer that runs along the eastern side of the entrance road from Fairview Avenue should be a minimum or 20' in width. This will allow the 10' wide hard surface path to meander within the buffer. 2. The building adjacent to the northern boundary of the Jackson Drain needs to be moved to the north to allow for a 20' landscape buffer and pathway. E. Adopt the recommendations of the Nampa & l\o"leridian Irrigation District as follows: 1. A Land Use Change / Site application shall be filed. 2. It the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the District, contact the District. Fill out and return a questionnaire to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. F. Adopt the action of the City Council from their Tuesday, September 17, 2002 meeting as follows: 1. The applicant shall provide a 30 foot landscape buffer along the east side of the apartment complex, which is a 20 foot landscape buffer, with a 10 foot pathway ruI1l!ing through it. 2. That traffic bollards shall be placed at the south end of Teare so that it is accessible by pedestrians. 3. The applicant shall provide buffering along south side of the Smith property, which is in the most southerly lot in the existing residential subdivision. A 10 foot wide buffer strip will presently be provided, but the adjacent property would like to see this buffer increased, and therefore, the applicant shall work with the property owner for clarification on the buffering. FINDmGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/FAIRVIEW LAKES (AZ~02-011) - Page 6 4. The applicant shall have to apply for a Miscellaneous Application to allow the north-south street coming offofFairview into the project to be approved as a private street by Council, until such time as the are:.1 is platted and upon platting would then become public right-of-way, which Miscellaneous Application is to be heard at the Council meeting to be held on October 1, 2002. 11. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings ofFlct No. la, and all sub-parts, the economic welfare of the City and its residents and ta.,< and rate payers will be protected, a condition 0 f annexation and zoning designation. 12. It is also found that the development considerations as referenced in Finding No. 10 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a marmer which is hannonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 13. It is found that the zoning of the subject real property as High Density Residential District (R-40), Neighborhood Business District (C-N), and General Retail And Service Commercial District (C-G), requires conneCtion to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 14. The subject annexation request and zoning designation and proposed FJ?-iDL'-rOS OF FACT Ai'lD CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTlNG APPLICATION FOR ANNEXATION AND ZONmGIFAIRVIEW LAKES (AZ-02-011) - Page 7 development relates to and is compatible with the goals and policies of the Comprehensive Plan of the City as follows: Goals Section: Goal 3, Goal 4, Goal 8, and Goal 9 Economic Development: 1.1, 1.3, 1.5,3.1 U, and 3.2U Land Use: 1. IOU, 2.rU, 2.4U, 3.7, 4.3U, 5.9, 5.12,5.13, 5.14 Natural Resource & Hazardous Areas: 2.1U, 3.1U, 3.2U Community Desi\!n: 1.3, 1.4, 2.1U, 2.3U, 6.2U, 6.11U Transportation Chapter: 1.19U, 1.14, 1.18 15. It is found that the requested zoning designations, R-40 on the northern nine acres and C-N and C-G on the southern 15 acres, are harmonious with and in accordance with the adopted Comprehensive Plan and Generalized Land Use Map, which designates the land as "Existing Urban". 16. It is not anticipated that the land to be annexed will be rezoned in the future. 17. It is found that the propertY will be developed in a marmer consistent with the new zoning and/or consistent with allowable Planned Development uses. 18. It is found that there has been no major change in the area that would dictate how the property should develop in the future. It is also found that the location of the property adjacent to Fairview Avenue dictates that commercial and high-density uses be considered for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND lONING/FAIRVIEW LAKES (AZ.02-0II) - Page 8 the site. 19. It is found that the general vicinity provides a mix of commercial uses, standard residential lots, apartments and mobile homes. The intended character of the vicinity, as noted on the Generalized Lane Use Map, is "Existing Urban". It is also found that the proposed commercial, office and high-density residential uses can be hannoruous with and appropriate in appearance with the general vicinity's existing and intended character. 20. It is not anticipated that the proposed uses will be hazardous to future or existing neighbors. Buffering for the southern most lot in the residential subdivision shall be provided by the applicant. 21. It is found that the subject property will be served adequately by all essential public facilities and services such as fire, police, water, sewer and refuse disposal. Sanitary sewer and water service to this site shall be via extensions from existing mains installed in adjacent developments. Water service to this development is contingent upon positive results from a hydraulic analysis by computer model. Also, due to the size of the landscape area, primary water supply connection to the City's mains will not be allowed. Presently, the applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. The City of Meridian requires that the pressurized irrigation systems be supplied by a year-round source of water. ACHD has determined that the street system is adequate or can be made to be adequate to serve the proposed development. ACHD is requiring the internal streets within Fairview Lakes to be dedicated as public right-of-way due to the fact that they are extending a public roadway (Teare Avenue) within the project (ACHD does not allow two public streets to be connected by a private FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIFAIRVIEW LAKES (AZ-02-011) . Page 9 street.), as well as constructing a half~mile traffic signal. ACHD has also approved a turnaround on Clarene Street that is to be deeded to ACHD. Meridian City Code requires all dedication of public streets to be accomplished through the subdivision process. Therefore, a preliminary plat and final plat will need to be submitted and approved prior to the issuance of occupancy permits or the dedication of any roadways within the development. ACHD has submitted comments concerning additional required roadway improvements for this project. 22. It is found that there will not be excessive additional requirements at public cost for public facilities and services and that the annexation and zorungwill not be detrimental to the community's economic welfare. 23. It is found that the proposed uses will create additional traffic on Fairview Avenue; however, it is not believed that the increase in traffic will be excessive. It is also not anticipated that the proposed development will generate traffic, noise, smoke, odors or other nuisances that would be detrimental to the general welfare of the surrounding area. 24. It is found that the proposed vehicular approaches on Fairview Avenue will be designed to limit the amount of interference the proposed project will create. The applicant has proposed installing a traffic light on the western approach to help move traffic into and out of the proposed development. The applicant's proposal to extend the Teare Avenue stub street into the development is supported, it is not supported that the placement ofbolIards be placed at this location. There is no objection to the "emergency only" access to Clarene Street, provided that all emergency services agencies approve of the design and location of the emergency turnaround. 25. The City of Meridian Parks and Recreation Department believes that the partial piping/tiling and relocation of the Jackson Drain as proposed by the applicant will result in the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONIN"GtFAIRVIEW LAKES (AZ-02.011) - Page 10 partial destruction and loss of a natural and scenic feature of major importance. Meridian City Code l1-4-8.8 pertains to the preservation of existing natural features, and it is found that the applicant has incorporated the Jackson Drain into design of the project and has provided a multiple use pathway along its banks as shown in the City's Comprehensive Plan. The applicant is proposing a pathway along the Jackson Drain. However, the pathway design does not match the topographic contours of a previously submitted preliminary plat on this property. It appears that much ofehe pathway shown would be located below the top of bank along the Jackson Drain. The drain continues to the northwest through Raleigh Hawe's currently undeveloped parcel and then connects with a City-oVv1led pathway in Fothergil Subdivision on Meridian Road: This section ofpathway along the Jackson Drain will be a critical link to provide a continuous public pedestrian corridor from Linder Road at Tulley Park, across Meridian Road and through Fothergil Subdivision southeast to Locust Grove Road. 26. It is also found that the annexation of this property would be in the best interest of the City. The project will provide new high-density housing, additional employment opportunities and the creation of additional recreation facilities (pathway). Moreover, the annexation wiII eliminate an existing county enclave and add to the City's tax base. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon VlIitten request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code 9 11-16 provides the City may annex real property that is within the FINDINGS OF F ACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIFAIRVIEW LAKES (AZ-02-011) - Page 11 Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The foHowing are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals Section: Goal 3, Goal 4, Goal 8, and Goal 9 Economic Development: 1.1,1.3,1.5, 3.1U, and 3.2U Land Use: 1. lOU, 2.1U, 2.4U, 3.7, 4.3U, 5.9, 5.12,5.13, 5.14 Natural Resource & Hazardous Areas: 2.1U, 3.1U, 3.2U Community Deshw: 1.3,1.4, 2.lU, 2.3U, 6.2U, 6.l1U Transportation Chapter: 1:19U, 1.14, 1.18 5. The zoning of High Density Residential District (RAG), Neighborhood Business District (C-N), and General Retail And Service Commercial District (C-G), are defined in the Zoning Ordinance at 9 11-7-2F, H, and K as follows: FINDWGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTWG APPLICATION FOR ANNEXATION AND ZONING/FAIRVIEW LAKES (AZ-OZ.011) - Page 12 (R-..$O) Hi2h Densitv Residen ti:tl District: The purpose of the R-40 District is to permit the ~::;tablishment 0 f high density residential uses at a density not exceeding forty (40) dv.relling units per acre. Connection to the Municipal water and se\Ver systems of the City is required. (C-N) Nei2hborhood Business District: The purpose of the C-N District is to permit the establishment of small scale convenience business uses which are intended to meet the daily needs of the residents of an immediate neighborhood (;15 defined by the policies of the Meridian Comprehensive Plan); to encourage clustering and strategic siting of such businesses to provide service to the neighborhood and avoid intrusion of such uses into the adjoining residential districts. All such districts shall give direct access to transportation arterial or collectors, be connected to the Municipal water and sewer systems of the City, and shall not constitute all or any part of a strip development concept. (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 ahnost entirely within a building; to provide for a review of the impact of proposed commercial uses whic~ 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 commercial development and encourage clustering of commercial development. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The Citv ofIdaho Falls, 105 Idaho 65,665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedul~s 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. 9. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement. DECISION Al~D ORDER FINDil'fGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GR.ANTJ:1'.l"G APPLICATION FOR ANNEXATION AND ZONING/FAIRVIEW LAKES (AZ-02-011) - Page 13 NOW, THEREFORE, BASED UPON THE ABOVE A..'1'D FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LA \V, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 2-\..89 acres in size to High Density Residential District (R-40), Neighborhood Business District (C-N), and General Retail And Service Commercial District (R-40), is granted subject to the tenns and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of24.89 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de- annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt tbe Recommendations of tbe Planning and Zoning and Engineering staff as follows: 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance. 2. Applicant shall enter into a Development Agreement prior to annexation. The Development Agreement shall restrict the uses allowed within the C-N and C~G zones of this annexation to those uses proposed in the Fairview Lakes Planned Development Application. No drive-thru facilities shall be permitted in the C-N zone. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/FAlRVIEW LAKES (AZ-02~011) . Page 14 B. Adopt the Recommendations of the ACHD as follows: 1. Dedicate 60 feet of right-of -way from the centerline of Fairview Avenue abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested materiaL The O\vner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the Owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct a 5 foot concrete sidewalk on Fairview Avenue located 2 feet within the new right of way. If the sidewalk meanders, the sidewalk shall meander outside of the right-of-way and the applicant shall provide an easement for the sidewalk. . 3. Construct and install the signal and any related roadway improvements that are necessary for the proposed signal at the intersection ofFairview Avenue and the commercial/industrial roadway that extends north into the site. 4. Construct a commercial/industrial roadway that intersects with Fairview Avenue 310 feet east of the west property line, as proposed. 5. Construct the internal roadways as 40 foot street sections with curb, gutter, and 5 foot concrete sidewalk within 54 feet ofright-of-way, as proposed. The portion of the commercial/industrial roadway that cormects to Teare Avenue shall taper appropriately to accommodate for drainage. 6. Construct a 30 foot wide driveway to intersect Fairview Avenue approximately 240 feet west of the east property line, as proposed. 7. Construct a 30 foot wide driveway to intersect the commercial/industrial roadway a minimum of 50 feet north of Fairview Avenue, as proposed. 8. Construct two 25 foot wide driveways to intersect the commercial/industrial roadway approximately 195 feet north ofFairview Avenue, as proposed. These driveways shall align with one another. 9. Construct a 22 foot wide driveway to intersect the commercial/industrial roadway approximately 345 feet north of Fairview Avenue, as proposed. 10. Construct a 22 foot driveway to intersect the commercial/industrial roadway that Fll'IDINGS OF FACT AND CONCLUSIONS OF LAW AJ.'\ID DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIFAlRVIEW LAKES (AZ-02.011) - Page 15 extends north from Fairview Avenue approximately 580 feet north of Fairview A venue, as proposed. 11. Construct a 35 foot wide driveway to extend directly north of the commercial/industrial roadway and proposed to intersect the northern portion of the cul-de-sac, as proposed. 12. Construct a 25 foot driveway to intersect the commerciaVindustrial roadway that extends from Fairview Avenue north and is proposed to be located 50 feet north of the commercial/industrial roadway that runs east and west, as proposed. 13. Construct two 30 foot wide driveways to intersect the commerciaL! industrial roadway that runs east and west and is proposed to be located approximately 160 feet east of the commercial'industrial roadway that extends from Fairview Avenue to the north, as proposed. 14. Pave the driveway its full width and at least 30 feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 foot radii abutting the existing roadway edge. 15. Extend Teare Avenue as a 40 foot street section with curb, gutter and 5 foot concrete sidewalk within 54 feet of right-of-way, as proposed. 16. Tenninate Clarene Street at its current location and construct bollards for emergency access only, as proposed. 17. Construct a cul-de-sac turnaround at the north end of the commercial/ industrial roadway that extends north from Fairview Avenue. The cul-de-sac turnaround shall be constructed to provide a minimum turning radius of 55 feet. 18. Comply with all Standard Conditions of Approval. C. Adopt the recommendations of the Meridian Fire Department as follows: 1. That a fire flow consistent with Appendix ill-A of the Uniform Fire Code be provided to service the entire project. Please show all proximity hydrants WIthin 500' of the project on the resubmitted plat. 2. All entrances and internal roads shall have comers with a minimum of a 28' inside radius and 48' outside radius. 3. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. FIN'DINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIFAIRVIEW LAKES (AZ~02.0 ll) . Page 16 4. Acceptance of the water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for \V:lter quality. 5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, which is 20' wide. Any building more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. 7. Provide an approved turnaround for any street which exceeds 150' in length as a result of the phasing of the project. 8. The proposed 192-unit subdivision will have an unknown transient population and will have an unknown impact on Meridian Fire Department requests for service. According to a report completed by Fire & Emergency Services Consulting Group. in February of2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010, which is up from 2069 responses in the year 2000. 9. All building uses and occupancies shall have to meet the separation requirements of the Uniform Building Code. D. Adopt the recommendations of Meridian Parks and Recreation as follows: 1. The landscape buffer that runs along the eastern side of the entrance road from Fairview Avenue should be a minimum or 20' in width. This will allow the 10' wide hard surface path to meander within the buffer. 2. The building adjacent to the northern boundary of the Jackson Drain needs to be moved to the north to allow for a 20' landscape buffer and pathway. E. Adopt the recommendations of the Nampa & Meridian Irrigation District as follows: 3. A Land Use Change I Site application shall be filed. 4. It the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the District, contact the District. Fill out and return a questionnaire to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. F. Adopt the action of the City Council from their Tuesday, September 17, 2002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIFAffi.VIEW LAKES (AZ-02~011) . Page 17 meeting as follows: 5. The applicant shall provide a 30 foot landscape buffer along the east side of the apartment complex, which is a 20 foot landscape buffer, with a 10 foot pathway running through it. 6. That traffic bollards shall be placed at the south end of Teare so that it is accessible by pedestrians. 7. The applicant shall provide buffering along south side of the Smith property, which is in the most southerly lot in the existing residential subdivision. A 10 foot wide buffer strip will presently be provided, but the adjacent property would like to see this buffer increased, and therefore, the applicant shall work with the property owner for clarification on the buffering. 8. The applicant shall have to apply for a Miscellaneous Application to allow the north-south street coming off of Fair.;iew into the project to be approved as a private street by Council, until such time as the area is platted and upon platting would then become public right-of-way, which Miscellaneous Application is to be heard at the Council meeting to be held on October 1, 2002. 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 subj ect 0 f the app lication to (R -40) High Density Residential District, (C- N) Neighborhood Business District, and (C-G) General Retail And Service Commercial, and Meridian City Code S 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF F1NAL ACTION Please take notice that this is a final action ofthe governing body of the City of Meridian. Pursuant to Idaho Code 9 67-6521 an affected person is a person who has an interest in real property FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIFAffiVIEW LAKES (AZ-02-011) . Page 18 ( which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. / S.f/ By action of the City Council at its regular meeting held on the _ r day of ~ch/ilt~ , 2002. ROLL CALL COUNCILMAN KEITH BllID VO~ED$-t1- VOTED$c<- VOTED$-~ VOTED~tL COUNCILWOMAN TA1vfMY deWEERD COUNCILWOMAN CHERIE Me CANDLESS COUNCILMAN Wll..LfA.J.\1 L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 1&-/-&2- - VOTED MOTION: .APPROV~ DIS-.APPROVED: Copy served upon Applicant, the Planning and Zoning Department, P\\bli~WB~o.~artment and . " oF MF=r.. '11 the City Attorney. . "", ~"i '"-'T/4: I,;,,, . . ~ Ct oWOfLt ~1-- % ~ f,fJ %~ By.. ~P~/;'-Dated: IO-Z-02.{ ~ City Clerk ~ .. .. .. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlN'G/FAlRVIEW LAKES (AZ-02-011) Z:\Work\M\Ml:ridi:m\Meridi:m I 5360M\FAIRVIEW LAKES AZ02.ol1 CUP02.o14\AZFfCl&Order.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION MID ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIFAIRVIEWLAKES (AZ-OZ.Oll) - Page 20 Novem ber 22, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Finance Department REQUEST Finance Report: November 26,2002 ITEM NO. B~f AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTH ER: Contacted: COMMENTS (jJ~.J Date: Phone: Materials presented at public meetIngs shall become property of the City of Meridian. CITY OF MERIDIAN GENERAL FUND REVENUE GRAPHS AND COMPARISONS $7,000,000 $6,000,000 $5,000.000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $0 $142,500 I!!I Franchise Fees fill Park Impact General Fund Revenue Comparison -Taxes ---License/Permits Building Dept -State Rev Sharing -'-Court Revenue _ Rural Fire -Service Charges Actual FY98 -Interest Actual FY99 Actual FYOO Actual FY01 Actual FY02 Budget FY03 -Other General Fund Revenue Comparison 100% 80% 60% . Other Ii[] Interest . Service Charges I2l Rural Fire .Court Revenue IilState Rev Sharing o Building Dept IiiI License/Permits IilIITaxes 40% 20% 0% Actual Actual Actual Actual Actual Budget FY96 FY99 FYOO FY01 FY02 FY03 General Fund - Detail - Other Services Revenue Ii!! Filing Fees o School Resource 0 Garbage Franchise III Recreation Fees EJ Golf Course Exp III Park Reservations II!I Ada Cty Impact 11/2612002GFrevenuecompare CITY OF MERIDIAN GENERAL FUND REVENUE GRAPHS AND COMPARISONS FY03 Budget General Fund Revenue - Audit Classifications $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $0 "" il-t"es Lice.. Iflterr. Flfles "Se "o~ ilflr:t p. erfl~ ertnlts efltill Mo" JSCellil fleous TAXES Property Tax and Penalties LICENSES AND PERMITS Alcoholic Licenses Building Permits. Building Department Dog Licenses Miscellaneous INTERGOVERNMENTAL State Liquor Apportionment Court Revenue State Sales Tax State Revenue Sharing Rural Fire Grants Chilrr. Ifltere "es '0 Sf r Serv- ICes FINES AND FORFEITURES Parking Fines CHARGES FOR SERVICE Ada County Impact Fees Franchise Fees Filing Fees - Planning and Zoning Special Police Services Sanitary Service Administrative Fees Recreation Programs Golf Course Expansion Park Reservation Fees Park Impact Fees INTEREST MISCELLANEOUS City of Meridian in practice isolates building permit and filing fee revenue in a separate fund - Special Services The funds are used to operate the Building Department and Planning and Zoning with any remainder added to a fund balance reserved for general fund capital improvement projects. However, in essence these are general fund revenues 11!2612002GFrevenuecompare FINANCE REPORT October 2002 Table of Contents Report Name Long Term Investment Status Investments and Cash WWTP - Budg~t to Actual Comparison Water - Budget to Actual Comparison General Fund - Budget to Actual Comparison General Fund Revenue - Budget to Actual Comparison Special Service Fund - Budget to Actual Comparison Overtime Report for FY2002 Police Dept Monthly Overtime Fire Dept Monthly Overtime Vacant Position Report Capital Purchases Report - General Fund Capital Purchases Report - Enterprise Fund MIP - Statement of Revenue & Expenditure Reports 1 of 14 Page # 2 3 4 5 6 7 8 9 10 11 12 13 14 CITY OF MERIDIAN LONG TERM INVESTMENT STATUS AS OF 10/31/2002 IINTEREST BEARING ACCOUNTS PORTFOLIO DIST $2,084,896 $1,041,769 $2,480,161 !ill Government Bonds lill Certificates of Deposit o Advisor Money Market o Checking 11I1 Money Market 121 Idaho State Pool $19,085,669 CASH & INVESTMENT TYPE - NET YIELD 0.045 0.04 0.035 0.03 0.025 0.02 0.015 0.01 0.005 o A"~~" . ...... 1f.'" y..\to'IJJ /f-..... ~oo\ <,,'IJJ'" ~ ..- " ... ~",of ~x>e(. .. "'$ !f.e ,,~e ((\et' '1>\e" o,..,.~ ... ..at'e, ",.., r "e~ -,,\~c;. ". \/,.'1>y,.a 60 co" $1,085,861 $3,126,374 $701,215 Investment Account Balance by Fund III General Fund III Cap Improve Fund D Enterprise Fund $2,453,587 D Fire Truck Fund 11IIII Latecomer Fund ~ Park Impact Fees $31,873,644 20114 CITY OF MERIDIAN INVESTMENTS AND CASH 10/31/2002 6.00% 5.00% 94.00% w 3.00% ):2.00% 1.00% 0.00% INTEREST RATE HISTORY '....i:~ :--j';.;:': ,:.::'::"'."-::'_._ .,'_-' 'c'.:_:,,', = ..~..........=~'+. :t~ .. ..........~ ----.c. . . ..~.::..: ~ 'j:- . ..,---'.. ":/:4." ';f.)r!l ';f.)0<" '$)0<" rtJ.<A rtJ.<A 8' i.~ ~Q).~ ~0 (;-0 0(:' 0<$' rtJ.<:-':::> '.f;)~ ~#- ,,?-q ':,.:::> a ";;;"0"" ,lJ 'S <(0 $1,400,000 $1,200,000 $1,000,000 $400,000 $200,000 $0 .;s.~ ,;)q. ",0<" r!l 'S ,~ t$'''' (9 "?-" ~0 oC} 00'< MONTH General Special Services Enterprise COMPARISON ~ INVESTMENT & CASH BALANCES $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 June 0& ~& "'/ O~ ~ .<;;;..., ~~ (~ % 00 O ~4, ~& \.V r. 1Sl...., ISle ~<9: ~ '5'" Y'/" >h. ....~ ;0....,. o/'). ;t-.If _ 00 /~ 'h "+ /<1'<9:'/& .'Z ~ ::0....0 Q)"I ~ ^' ~ Q)% &1,0, :':-Q. ~ "0' "<? 't <9:1 ""6' "/;. \.19 0' "0' ''0.., &"'1 '5' 3.53% 4.21% 5.04% 5.49% 30f 14 ..:- ChecKIng "'Account .. "';':::"',ryloney Market ~1~~hqPool;' . J.lhcmn~.. :::i7:k~'''': "'i:-',:-:,;~,: . Interest Im;ome Total Budget I!!llnterest Income Budget YTO o Interest Income Actual YTO Iii Interest Income Prior yro . FY2003 o FY2002 o Z ::> u. wZ wO ii:!:2 0.Q:: Q::et wo. 1-::;: ZO Wu r:.~ Zet :So N 0.0 0> 1-1- 0> Zo: ~ WUS '" ~>- ~ US~ 0 ZQ::::> W etl-I- 0 gffi~ ffi Q::i-O 0 Wetl- Q ::e:::1- Q:: J:5~lli8~ ~~o~o:: o:::ffi~:r: ~ -~2. 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(5)0 C .- il:: U. 9~ 6>-1, W .....0. 9v :EN 9Ck 0 0 0 0 a 0 0 va 11.0 O~ 0 0 a 0 0 &7 - 0 0 0 0 0 )-M LO a LO 0 LO 1-0 N N -r- -r- &7 - - &7 &7 &7 &7 U CITY OF MERIDIAN VACANT POSITION REPORT AS OF October 31,2002 Date Department Job Position Filled New Vacant I Police wailing to fill when moved in new building Crime Prevention Specialist 101112001 Patrol Officer (R Ellis ) 811912002 Patrol Officer (Basic) 101112002 Patrol Officer (Advance) 1011/2002 Patrol Officer (Advance) 1 011/2002 Crime Analyst 101112002 Records Clerk 101112002 Records Clerk 912712002 I Water lope<rator II I 1011120021 IFinance liT Coordinator 10/1120021 I Recreation I Part-Time Seasonal IVaries 15 - 20 Seasonal ICity Clerk I Reception ist I 1 0121/20021 1 Fire 19 Intra FireFighters I 1 011/20021 IpUbliC Works IStaff Engineer 1011120021 IHR I HR Analyst 1011120021 paz Planner II Code Enforcement Officer 12 of 14 BUDGET PURCHASES Bud to Act Dept Acct Description Amount FY2003 YTO Variance Notes Finance 94200 desk & chair 1,200.00 1,200.00 IT coordinator Finance 94300 computer - desktop 1,500.00 1,500.00 replace #463 Finance 94300 computer - desktop 1,500.00 1,500.00 replace #464 Finance 94300 computer - desktop 1,500.00 1,500.00 replace #461 Finance 94300 computer - desktop 1,500.00 1,500.00 replace #462 Finance 94300 computer. laptop 2,000.00 2,000.00 IT coordinator Fire 92300 Latecomer fees 2,700.00 2,700.00 Enhancement#1 new fire station Fire 93302 Opticom 16,000.00 16,000.00 Enhancement#6 opticom Fire 94200 turnout racks,furnishings,tools&propar 28,000.00 28,000.00 Enhancement#1 new fire station Fire 94300 computer. desktop 2,000.00 2,000.00 Enhancement#1 new fire station Fire 94300 computer - desktop 1,500.00 1,500.00 replace #2501 Fire 94300 computer - desktop 1,500.00 1,500.00 replace #2015 Fire 94400 defiberaltor 4,000.00 4,000.00 Enhancement#1 new fire station Fire 94400 SCBA test bench 6,500.00 6,500.00 Enhancement#5 equipment Fire 94600 base station 3,800.00 3,800.00 En hancement#1 new fire station Fire 94600 phone system 5,000.00 5,000.00 Enhancement#1 new fire station Fire 96999 carryforward 151,135.00 150,599.00 536.00 Fire Fire equipment for New Pumper 1,305.19 (1.305.19) HR 94200 desk & chair 1,700.00 1,700.00 HR Analyst HR 94300 computer - desktop 1,500.00 1,500.00 replace #308 HR 94300 computer - desktop 1,500.00 1,500.00 HR Analyst Mayor 94300 computer - desktop 1 ,500.00 1,500.00 replace #48 p&z 94100 Vehicle 15,000.00 15,000.00 replace 1991 Chevy Caprice P&Z 94100 Vehicle 14,000.00 14,000.00 Enhancement#1 Code Enforce Coordinator P&Z 94300 Computer & Software 3,000.00 purchased FY02 3,000.00 Enhancement#2 new Planner IJ Parks 91000 Land purchase 181,000.00 181,000.00 Enhancement#2 Boru p property Parks 93405 Phase II improvements 155,000.00 155,000.00 Enhancement#8 Storey Park Parks 93409 playground equipment 38,000.00 38,000.00 Enhancement#4 Chateau Parks 94401 lawn mower 8,095.00 8,095.00 replace #2097 Toro Groundmaster Parks 96156 Adventure Island Playground 50,000.00 50,000.00 Enhancement#9 Parks 96902 basketball courts 11,000.00 11,000.00 Enhancement#7 Bear Creek Parks 96902 restroom construction 135,000.00 135,000.00 Enhancement#7 Bear Creek Parks 96903 Settlers improvements 131,000.00 131,000.00 Enhancement#3 landscape,sidewalk Parks 96999 carryforward 1,247,229.00 265,009.31 982,219.69 Parks Police 94100 Vehicle - investigations 20,000.00 18,368.00 1,632.00 replace #3 Police 94100 Vehicle - investigations 20,000.00 13,825.87 6,174.13 replace #11 Police 94100 Vehicle - investigations 20,000.00 18,368.00 1,632.00 Enhancement#7 promote officer to investigator Police 94100 Vehicle - patrol 20,000.00 12,808.00 7,192.00 replace #29 Police 94100 Vehicle - patrol 40,000.00 40,000.00 replace #26 Police 94100 Vehicle - patrol 28,500.00 28,500.00 replace #24 Police 94100 Vehicle - patrol 27,000.00 27,000.00 replace #31 Police 94100 Vehicle - patrol 40,000.00 40,000.00 Enhancement#3 new patrol officers Police 94200 desk I work station 1,500.00 1,500.00 Enhancement#4 Crime Analyst Police 94200 desk I work station 1,000.00 1,000.00 Enhancement#5 records clerk Police 94300 computer - desktop 2,000.00 1,921.00 79.00 replace #4155 Police 94300 computer - desktop 2,000.00 2,000.00 replace #4157 Police 94300 computer - desktop 1,500.00 1 ,500.00 replace #438 Police 94300 computer. desktop 1,500.00 1 ,500.00 replace #4067 Police 94300 Computer & Software 6,000.00 6,000.00 Enhancemenl#4 Crime Analyst Police 94300 Computer & Software 2,000.00 2,000.00 Enhancement#5 records clerk Police 94400 Glock Handguns 18,000.00 3,956.00 14,044.00 replace Smith & Wesson handguns Police 94400 L1DAR speed detect device 4,500.00 4,500.00 Enhancement#3 new patrol officers Police 96999 carryforward 269,000.00 269,000.00 Police General Fund TOTAL Capital for FY2003 2,750,359.00 486,160.37 2,264,198.63 CITY of MERIDIAN FY2003 Budget to Actual Capital Outlay GENERAL FUND YTD 10/31/2002 13 of 14 BUDGET PURCHASES Bud to Act Dept Acct Description Amount FY2003 YTD Variance Notes MUSS 92000 new front counter 10,000.00 10,000.00 Enhancemenl#2 front counter MUSS 94300 computer - desktop 1,500.00 1,500.00 replace #523 MUSS 94300 computer - desktop 1,500.00 1,500.00 Enhancemenl#2 front counter PW 94100 Vehicle - 4wd 21,230.00 21,230.00 Enhancemenl#5 additional vehicle PW 94200 bookshelves 1,000.00 1,000.00 Enhancemenl#8 bookshelves PW 94200 desk I work station 1,500.00 1,500.00 Enhancement#6 new Staff Engineer PW 94300 computer - desktop 4,000.00 3,682.00 318.00 replace #1042 PW 94300 computer - desktop 2,200.00 2,209.00 (9.00) replace #1060 PW 94300 computer - desktop 2,200.00 2,200.00 replace #1083 PW 94300 computer -laptop 3,400.00 3,400.00 Enhancement#3 technology PW 94300 computer & software 2,200.00 2,200.00 Enhancement#6 new Staff Engineer PW 94300 printer - workgroup laser 1,200.00 1,200.00 Enhancement#3 technology Water 93301 upgrade telemetry system 10,000.00 10,000.00 Enhancement #10 Water 94100 Vehicle - pickup 18,000.00 18,000.00 replace 1991 Ford Pickup Water 94100 Vehicle - pickup 18,000.00 18,000.00 Enhancemenl#1 new well tech Water 94300 computer - desktop 2,200.00 2,200.00 replace #3583 Water 94300 computer - desktop 2,200.00 2,200.00 replace #3073 Water 94300 computer - desktop' 2,200.00 2,200.00 Enhancement#1 new well tech Water 96140 Waterline Extensions 600,000.00 600,000.00 Enhancement #7 Water 96149 Well #24 80,000.00 805.08 79,194.92 Enhancement #2 Water 96150 Well #25 300,000.00 300,000.00 Enhancement #4 Water 96157 Well #26 350,000.00 350,000.00 Enhancement #3 Water 96158 Well #27 200,000.00 200,000.00 Enhancement #9 Water 96999 carryforward 1,424,499.00 5,875.24 1,418,623.76 Water VVWTP 94100 Kawasaki Mule for VVWTP 6,000.00 5,591.60 408.40 Enhancement #1 WWTP 94200 desk,chair new Siosolids office 2,000.00 2,000.00 Enhancement #1 WWTP 94200 desk,chair new VVWTP office 2,000.00 2,417.39 (41739) Enhancement #1 VVWTP 94300 computer - desktop 2,200.00 2,200.00 Enhancement #1 VVWTP 94300 computer - desktop 2,200.00 2,200.00 Enhancement #1 VVWTP 94400 E-coli waterbath equip 2,000.00 2,000.00 Enhancement #1 VVWTP 94400 Effluent Sampler 5,500.00 5,500.00 replace #3671 VVWTP 94400 Gantry Crane portable 3,000.00 3,185.07 (18507) Enhancement #1 VVWTP 94400 Infrared Moisture Analyzers for L 3,200.00 3,200.00 Enhancement #1 VVWTP 94400 ISCO portable sampler 5,000.00 5,000.00 replace #1 0373 VVWTP 94400 ISCO portable sampler 5,000.00 5,000.00 Enhancement #1 WWTP 94400 Line Locator for collections 2,000.00 2,000.00 Enhancement #1 WWTP 94400 Microfilm Reader 2,000.00 2,000.00 Enhancement #1 WWTP 94400 SamplingfTesting equip for Pretre 19,500.00 19,500.00 Enhancement #1 WWTP 94600 phone system 15,000.00 15,000.00 Enhancement #6 WWTP 96109 Boise River Outfall Repair 250,000.00 414.00 249,586.00 Enhancement #4 WWTP 96151 Predesign of WWTP projects 50,000.00 222.00 49,778.00 Enhancement #3 WWTP 96155 Thickener Project 450,000.00 12,136.22 437,863.78 Enhancement #2 WWTP 96159 Centrate Basin Construction 200,000.00 200,000.00 Enhancement #7 WWTP 96160 Digester Gas Line Modification 22,000.00 22,000.00 Enhancement #9 WWTP 96160 Methane Gas Alarm for Digester 5,000.00 5,000.00 Enhancement #9 VVWTP 96162 SlckCat Trunkline/Lift pre design 400,000.00 400,000.00 Enhancement #11 WWTP 96999 ca rryforward 4,164,125.00 170,514.87 3,993,610.13 WWTP Enterprise TOTAL Capital for FY2003 8,676,754.00 207,052.47 8,469,701.53 CITY of MERIDIAN FY2DD3 Budget to Actual Capital Outlay ENTERPRISE FUND YTO 10/31/2002 14 of 14 November 22, 2002 MERIDIAN CITY COUNCIL MEETING November 26,2002 APPLICANT Parks Department ITEM NO. REQUEST Change Order No.1, Tully Skate Park - Heartland Construction: j-F AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETILERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See attached Memo from Parks Department Contacted: Date: (L~P Phone: Materials presented at publiC meetings shall become property of the City of Meridian. Meridian Parks & Recreation To: From: Date: Re: Mayor Corrie I City Council Elroy Huff 4'Jiy November21:2002 Tully Skate Park Construction Change Orders RECEIVEI NOV 2 1.2002 City Of Meridian City Clerk Office Memo The Park Staff will be requesting approval of two change orders and request for extra services from Heartland Construction, LLC. :J; Chanae Order #1 - Amount $950.00 - (Attachment) There was a proposed lawn area in the middle of the skate park on the original design. During the construction we decided that the slope was too steep to maintain turf and that there would be too much wear and tear on it. We changed it into a quarter pipe to make another area of better use for skateboarding. Total Change Order was $950.00. Change Order #2 - Amount $6f597.78.00 - (Attachment) Sidewalk Changes (location and size) Added $1,688.50 to expand the sidewalk by 134 sq. ft and finished the sidewalk with a non-skate finish for safety by the entrance and the drinking fountain. Heartland Construction Chanaes Added $2,494.28 for additional work man-hours for changing the location of the sidewalk. The new entrance is safer for all using the park. Backfill Work Added $2,125.00 as it was determined earlier in the summer that we would need additional fill dirt and topsoil to complete the project and soften up the slopes and improves the appearance of the park. Water Dam Installation and Fabrication Added $~90.00 as the water dam is really a specially designed metal rail that will channel any runoff water to the direction it needed to go to exit the skate park surface. CHANGE ORDER I DATE: 11/8/2002 OWNERS: City of Meridian Parks Department/Tully Skateboard Park. CONSTRUCTION JOB ADDRESS: Tully Skateboard Park. City of Meridian Parks Department, OWNERS hereby authorize the following changes in the plans and specifications of the above described constroction project, andlor order the additional materials, supplies, services, labor and other items listed below andlor required to complete this Change Order, subject to all other terms and conditions in the contract with Heartland Construction, LLC, CONTRACTOR CON1RACTOR shall be paid the stUn of Nine hundred and fifty Dollars and zero cents ($ 950.00 ) for making the below described changes. The completion date shall be extended 10 days, and the new completion date is September 26, 2002. SPECIFICATIONS / DESCRIPTION: See attached Description on the itemized invoice and Schedule of Value. SEE ATTACHED SHEETSIDRAWINGS (ON A). TOTAL PRICE OF ABOVE CHANGE PREVIOUS CONTRACT PRICE TIllS CHANGE (pLUS OR MINUS) ADJUSTED CONlRACT PRICE THIS DATE $ 950.00 $ 152,000.00 $ Plus 950.00 $ 152,950.00 Heartland Construction. LLC Rodney B McCoy I General Manager ~~ /1-'?--0.2 CONTRACTOR DATE City of Meridian Parks Department OWNERS DATE Cbd,.ng-oordQr:L. 1 ( HEARTLAND CONSTRUCTIOl"{L.L.c. Invoice 1121 East State St. Suite 107 Eagle, ill 83616 (208) 939-2808 Fax (208) 939-5606 Date Invoice # 11/8/2002 10073145 Bill To City of Meridian Parks Department 1 I W. Bower St. Meridian ill 83642 Tully Skateboard Park P.O. No. Terms Project . Item Descrtetion Est Amt Prior Amt Prior % Qty Rate Curr % Total % Amount "'.',.-.-:" Construe... Change.Orderc;#., 1: The cost of 950.00 1 950.00 100.00% 100.00% 950.00 Change-Ofaer # 1 (Revised 8-15-2002). This ehange order consists of changing the P A grass area to a Quarter Pipe and a Grinding Wall. Total $950.00 Payments/Credits $0.00 . ",.~..~ Balance Due $950.00 I- Z w :E ~ Q. 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November 22,2002 MERIDIAN CITY COUNCIL MEETING November 26, 2002 APPLICANT Parks Department ITEM NO. REQUEST Change Order No.2, Tully Skate Park -- Heartland Construction: 3-G AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: I) j~P CITY SEWER DEPT: (JJr r 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 from Parks Department Contacted: Date: Phone: MaterJals presented at public meetings shall become property of the City of Meridian. Meridian Parks & Recreation Memo ~". ~l, ~~ To: . From: Date: Re: Mayor Corrie I City Council Elroy Huff 4);r November21:'2D02 Tully Skate Park Construction Change Orders "'" t!~' ~ . ~ '.... .f- ->/.." o;'<'~'" <; .1'.... - ."" </ ~"" ~ ., ..... ~.... '. .. ,.~. l' ':"') .~ .....v RECEIVEj NOV 2 1 2002 City Of Meridian City Clerk Office The Park Staff will-be requesting approval of two change orders and request for extra services from Heartland Construction, LLC. Change Order #1 - Amount $950.00 - (Attachment) There was a proposed lawn area in the middle of the skate park on the original design. During the, construction we decided that the slope was too steep to maintain turf and that therewould be too much wear and tear on it. We changed it into a quarter pipe to make another area of better use for skateboarding. Total Change Order was $950.00. .* Change Order #2 - Amount $6,597.78.00 - (Attachment) Sidewalk Changes (location and size) Added $1,688.50 to expand the sidewalk by 134 sq. ft and finished the sidewalk with a non-skate finish for safety by the entrance and the drinking fountain. Heartland Construction Chanqes Added $2,494.28 for additional work man-hours for changing the location of the sidewalk. The new entrance is safer for all using the park. Backfill Work Added $2,125.00 as it was determined earlier in the summer that we would need additional fill dirt and topsoil to complete the project and soften up the slopes and improves the appearance of the park. Water Dam Installation and Fabrication Added $290.00 as the water dam is really a specially designed metal rail that will channel any runoff water to the direction it needed to go to exit the skate park surface. CHANGE ORDER I DATE: 1118/2002 OWNERS: City of Meridian Parks Department/Tully Skateboard Park. CONSTRUCTION JOB ADDRESS: Tully Skateboard Park. City of Meridian Parks Department, OWNERS hereby authorize the following changes in the plans and specifications of the above described construction project, and/or order the additional materials, supplies, services, labor and other items listed below and/or required to complete this Change Order, subject to all other terms and conditions in the contract with Heartland Construction, LLC, CONTRACTOR. CONTRACTOR shall be paid the sum of Six thousand five hundred and ninety seven Dollars and seventy eight cents ($ 6,597.78) for making the below described changes. The completion date shall be ex1ended 25 days, and the new completion date is October 21,2002. SPECIFICATIONS I DESCRIPTION: See attached Description on the itemized invoice and Schedule of Value. SEE ATTACHED SHEETSIDRAWINGS (D N A). TOTAL PRICE OF ABOVE CHANGE PREVIOUS CONTRACT PRICE THIS CHANGE (pLUS OR MINUS) ADJUSTED CONTRACT PRICE THIS DATE $ 6,597.78 $ 152,950.00 $ Plus 6,597.78 $ 159,547.78 Heartland Construction. LLC Rodney B McCoy I General Manager ~ Lf-?---o:z.. CONTRACTOR DATE City of Meridian Parks Department OWNERS DATE CiUlngnorcterl 1 HEARTLAND CONSTRUCTION L.L.c. Invoice 1121 East State S1. Suite 107 Eagle, ill 83616 (208) 939-2808 Fax (208) 939-5606 Date Invoice # Il/8/2002 10073146 BiUTo City of Meridian Parks Department 11 W. Bower St. Meridian ill 83642 Tully Skateboard Park P.O.No. Terms Project . Item Description Est Amt Prior Amt Plior % Qty Rate CUrr % Total % Amount Construe... Change Order #2. Construe... Extra fill dirt. 145 yards. 1,450.00 145 10.00 100.00% 100.00% 1,450.00 Construe... Extra top soil. 45 yards. 675.00 45 15.00 100.00% 100.00% 675.00 Construe... The original sidewalk location 300.00 300.00 100.00% 100.00% 300.00 was moved. Grading for second sidewalk location. Construe... Heartland Construction, LLC 918.35 918.35 100.00% 100.00% 918.35 extra labor man hours on moving sidewalk location., bringing in extra fill dirt and top dirt, placing rock, hauling concrete blankets and placing concrete blankets on the sidewalk and overseeing the design and installation of the water dam at the quarter pipe. John Transtrum 14 hours @ $38.50. Bob Blanton 4.5 hours @ $27.50. Rod McCoy 6 hours @ $42.50. Construe... Neptune Industries. 290.00 290.00 100.00% 100.00% 290.00 Fabrication and installation of water dam. Construe... Concrete blanket rental. 60.00 60.00 100.00% 100.00% 60.00 Total Payments/Credits Balance Due Page 1 HEARTLAND CONSTRUCTION L.L.C. Invoice 1121 East State S1. Suite 107 Eagle, ill 83616 (208) 939-2808 Fax (208) 939-5606 Date Invoice # 1118/2002 10073146 BillT 0 City o{Meridian Parks Department ] I W. Bower St. Meridian ill 83642 Tully Skateboard Park P.O. No. Terms Project. Item Description Est Amt Prior Amt Prior % Qty Rate Curr % Total % Amount Construe... 134 square feet of additional 301.50 134 2.25 100.00% 100.00% 301.50 concrete sidewalk. The sidewalk location was moved. The sidewalk now is 134 square feet larger. Construc... Extra cost to finish the 1,327.00 1,327.00 100.00% 100.00% 1,327.00 sidewalk with a stamped concrete finish instead of a broom finish. All American Concrete. Construc... ABC Sanitation & Septic, Inc. 22.35 22.35 100.00% 100.00% 22.35 Additional rental on the portable toilet. Overhead Insuranee and overhead. (10%). 593.80 593.80 100.00% 100.00% 593.80 Profit Profit. (10%). 659.78 659.78 100.00% 100.00% 659.78 Total $6,597.78 Payments/Credits '$0.00 Balance Due $6,597.78 Page 2 "'U lI) 10 CD r ( "'" mltn z~ (') "tl ~ ~ ~ ~ ~ ril ~ ~ ~ N N N ~ ~ ~ .... .... .... .... ...- .... .... .... .... 0 ;0 .f>. (.oJ N (0 co -.J O'l ClI .f>. (.oJ N .... a (0 {)l -..I .f>. 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C 0;0-1 C :;0 III 5. r- "" < _ m :I: in' '< 0 III (II en "TT ~Q.~< =Ol it)> Dl "C tT r- ~ '"S!. 0 C Q. n'!l:l m (') Ol .., en o=.Q. ~O'" 1Il ~ !l:l .... .., 2 ~ n .... o' ~ r- i" (") '" o o Z -I ~ o -I o ::a en )> "tJ ~i~"tJ -< -l "1l r- rg~!:o ;;0 Z (') ~ _ 0 > ..... o < :::! -I !;l m i 0- -l 0' :::T !!l 'It Z Cl Jll .,.. ~ ~ ~ ON ;:0 n S' "tJ i )> ~ -< g i: N m z -I November 22, 2002 MERIDIAN CITY COUNCIL MEETING November 26, 2002 APPLICANT Public Works Department ITEM NO. B - H REQUEST Change Order No.1 (Final), Water Tower Recoating Project, Consulting Services- CH2M-HiII: 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 ~,r/ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED NOV 2 1 2002 City Of Meridian City Clerk Office To: Brad Watson From: Lenard Grady CC: Gary Smith Date: 10/17/2002 IRe: Proposed Agenda Items for November 26, 2002 City Council Meeting The Public Works Department respectfully requests the following items be placed on the November 26 City Council agenda, under Department Reports, for Council's consideration: Water Tower Recoatina Consultina Services - Chanae Order #1 (Final). CH2MHILL has completed the consulting services for construction services on the Water Tower Recoating Project. The original contract amount for this project was $24,797. The final will be $27,375.55 resulting in a change order of $2,578.55. A large percentage of the expected overrun was due to services provided by CH2MHILL while our inspector (Dave Jahn) was unavailable. Dave's contract amount was for $12,000 but only spent $7,400. Recommended Council Action: The Public Works Department recommends that City Council approve Change Order #1 (Final) to CH2MHILL for $2J578.55 for additional services required during the Water Tower Recoating Project. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 November 22, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT November 26,2002 ITEM NO. tJ REQUEST Resolution No. : Approving Property Exchange Agreement with Farmers & Merchants State Bank: 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 Resolution ~ ~qb 01);/ ~rvY Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. RESOLUTION NO &2-J'9b BY: J:e/IA /jl)-d./ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES AUTHORIZING THE EXCHANGE OF SURPLUS PROPERTY; AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO EXCHANGE THE FORMER FIRE STATION LOCATED AT 716 NORTH MERIDIAN ROAD FOR OTHER PROPERTY PURSUANT TO IDAHO CODE SECTION 50~ 1405; BE IT RESOL YED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, the City of Meridian owns property valued at $260,000.00, which is the old Meridian Fire Department station located at 716 North Meridian Road, and Farmers & Merchants State Bank owns property valued at $242,740.00 before removal of the structures thereon, which property is located at 237 E. Idaho Avenue, 231 E. Idaho Avenue, and 223 E. Idaho Avenue, and consists of Lots 1,2,3,4 and 5, Block 2 ofthe amended plat of Rowan Addition to Meridian; and WHEREAS, the City of Meridian has agreed to exchange its property for property owned by Farmers & Merchants State Bank; and WHEREAS, it is in the best interests of the City of Meridian to exchange the old Meridian Fire Department station located at 716 North Meridian Road as surplus property, due to the fact that this particular piece of property is no longer needed or used by the Meridian Fire Department. Additionally, the cost and expense to the City of Meridian for maintaining the property exceeds its value to the City of Meridian. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and City Council hereby authorize and declare that the old Meridian Fire Department station located at 716 North Meridian Road is surplus property. 2. The Mayor and City Council hereby authorize the exchange of the old Meridian Fire Department station property located at 716 North Meridian Road, valued at $260,000.00, for the Farmers & Merchants State Bank property located at 237 E. Idaho Avenue, 231 E. Idaho Avenue, and 223 E. Idaho Avenue, that consists of Lots 1,2,3,4 and 5, Block 2 of the amended plat of Rowan Addition to Meridian, valued at $242,740.00, before the removal of the structures thereon. Prior to effecting the exchange, Farmers & Merchants State Bank, at its own expense, RESOLUTION AUTHORIZING EXCHANGE OF PROPERTY 1 WITH FARMERS AND :tv1ERCHANTS STATE BANK shall remove the structures on their parcels, remove the building foundations, and provide fill, and will grade the sites. 3. The Mayor is authorized to sign, and the City Clerk to attest, any and all documents necessary to effect the exchange authorized by this resolution, and the Exchange Agreement. lASSED BY. T)IE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2GI-~ day of ~m~ ,2002. 26li-APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this - day of ;f/?'v-eh-v6~ ,2002. M~ ATTEST: City Clerk RESOLUTION AUTHORIZING EXCHANGE OF PROPERTY WITHFAR1vIERS AND :MERCHANTS STATE BANK 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State ofIdaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, ~ the custodian of its records and minutes and do hereby certify that on the ;?6~ day of I?I/.e~ ,2002, the following action has been taken and authorized. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES AUTHORIZING THE EXCHANGE OF SURPLUS PROPERTY; AUTHORIZING THE :MAYOR OF THE CITY OF MERIDIAN TO EXCHANGE THE FORMER FIRE STATION LOCATED AT 716 NORTH MERIDIAN ROAD FOR OTHER PROPERTY PURSUANT TO IDAHO CODE SECTION 50-1405; BE IT RESOLVED BY THE :MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, the City of Meridian owns property valued at $260,000.00, which is the old Meridian Fire Department station located at 716 North Meridian Road, and Farmers & Merchants State Bank owns property valued at $242,740.00 before removal ofthe structures thereon, which property is located at 237 E. Idaho Avenue, 231 E. Idaho Avenue, and 223 E. Idaho Avenue, and consists of Lots 1,2,3,4 and 5, Block 2 of the amended plat of Rowan Addition to Meridian; and WHEREAS, the City of Meridian has agreed to exchange its property for property owned by Farmers & Merchants State Bank; and WHEREAS, it is in the best interests of the City of Meridian to exchange the old Meridian Fire Department station located at 716 North Meridian Road as surplus property, due to the fact that this particular piece of property is no longer needed or used by the Meridian Fire Department. Additionally, the cost and expense to the City of Meridian for maintaining the property exceeds its value to the City of Meridian. NOW, THEREFORE, BE IT RESOLVED BY THE :MAYOR AND CITY COUNCIL, as follows: CERTIFICATE OF CLERK - EXCHANGE OF SURPLUS PROPERTY PAGE 1 OF 2 1. The Mayor and City Council hereby authorize and declare that the old Meridian Fire Department station located at 716 North Meridian Road is surplus property. 2. The Mayor and City Council hereby authorize the exchange of the old Meridian Fire Department station property located at 716 North Meridian Road, valued at $260,000.00, for the Farmers & Merchants State Bank property located at 237 E. Idaho Avenue, 231 E. Idaho Avenue, and 223 E. Idaho Avenue, that consists of Lots 1,2,3,4 and 5, Block 2 of the amended plat of Rowan Addition to Meridian, valued at $242,740.00, before the removal of the structures thereon. Prior to effecting the exchange, Farmers & Merchants State Bank, at its own expense, shall remove the structures on their parcels, remove the building foundations, and provide fill, and will grade the sites. 3. The Mayor is authorized to sign, and the City Clerk to attest, any and all documents necessary to effect the exchange authorized by this resolution, and the E~y}:mn{!e \111l 'FIll Agreement. ,,\\~~ Of MEf1II~JII// "" ::\ '" <../1.1 <' 'l/ A ! c} 1i\POR"j); '1" % v-.P'# - >< ~ ~ ~ ~ ~~~ ~ ; William G. Berg, If. - ~ STATE OF IDAHO, ) : ss: CounryofAda. ) On this 'lle~ daX of N bV ~\ruv , 2002, before me, ~&lCvn,'Yl(\~~ , a Notary Public, appeared WILLIAM G. BERG. JR., known or identified to me, respectively, to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) ._'UIJII,,_ 'l/;t>o. ,1\L~.A:~.~ · ... 'fA ~~x 1/J4' /~o ~ "'4t" ~~'\.,.,r~. I1r-., ""y or- ':-i"'tI Q -01, \ co III ' I III I.l I I III III I I C o , I 11 'iJ) \ i Q \I). ~..fvm..\c;...~.1/1 .:..Q;r~-_.~~.. ....."-uOP ~.. OllmlliEI"'IlIo.1il> 9 nCLItCfY1 Srn~ ~ Notary Public for Idaho Residence: AdA Uu;rtz-~ Jktw Commission Expires: 1'- . g -OffS Z:\W ork\M\Meridian\Meridian 15360M\Resolutions City Hall\2002\CERTofCLKExchangeofSurplusPropertyRevised090402.doc CERTIFICATE OF CLERK - EXCHANGE OF SURPLUS PROPERlY PAGE 2 OF 2 ADA COUNTY RECORDER J. DAVID NAVARRO 9 BorSE IDAHO 12/02/02 01rQM DEPUTY Bonnie Oberbilh~ ..... ~~~~~I~~D clNQUEST OF 11111111111111 U III ~~I ~ 11111111111 AMOUNT .00 10d 4..::..~ 1.~ CITY OF MERIDIAN ORDINANCE NO. tJ 2- - 9 g 6 AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS FAIRVIEW LAKES SUBDIVISION LOCATED ON THE NORTH SIDE OF FAIRVIEW AVENUE, APPROXIMATELY 1/3 MILE WEST OF LOCUST GROVE ROAD, ALL WITHIN THE AREA OF IMP ACT, 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, WILLIAM CURTIS, HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED HIGH DENSITY RESIDENTIAL DISTRICT (R-40), NEIGHBORHOOD BUSINESS DISTRICT (C-N), AND GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C-G); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH 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-02-011) - 1 R-40 A parcel ofland located in the Southwest 14 of the Southeast 14 of Section 6, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southwest corner of said Southwest 14 of the Southeast 14 of Section 6, T.3N., R.IE., B.M.; thence North 00020'01" East a distance of50.01 feet along the Westerly boundary of said Southwest 1'4 of the Southeast 14 to a point on the Northerly right-of-way line ofFairview Avenue (U.S. Hwy 30); thence leaving said Northerly right-of-way line North 00020'01" East a distance of 656.12 feet along said Westerly boundary to the REAL POINT OF BEGINNING; thence continuing North 00020'01" East a distance of 595.00 feet to a point on the Northerly boundary of the Southwest 14 of the Southeast Y4 of Section 6; thence South 89053 '08" East a distance of666.99 feet along said Northerly boundary; thence leaving said Northerly boundary South 00023'27" West a distance of593.67 feet; thence North 90000'00" West a distance of 666.40 feet to the POINT OF BEGINNING. Said parcel contains 396,236 square feet or 9.10 acres, more or less. C-N A parcel ofland located in the Soutliwest 14 ofthe Southeast Y4 of Section 6, Township 3 North Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southwest corner of said Southwest Y4 ofthe Southeast 14 of Section 6, T.3N., R.lE, B.M.; thence North 89011'07" East, l88.30 feet along the centerline of Fairview Avenue (U.S. Hwy. 30) to a point of curvature; thence continuing along said centerline, 148.02 feet along the arc of a curve to the right, said curve having a radius of 55966.02 feet, a central angle of 00009'06", and a chord bearing of South 89015'40" East, 148.02 feet to a point; thence leaving said centerline, North 00000'00" West, 486.36 feet to the TRUE POINT OF BEGINNING; thence continuing North 00000'0011 West, 215.19 feet to a point; thence North 90000'00" East, 334.22 feet to a point; thence South 00023'27" West, 176.77 feet to a point; thence South 89005'22" East, 122.97 feet to a point of curvature; thence 62.10 feet along the arc of a curve to the right, a radius of 45.00 feet, and a central angle of79004'23", and a chord bearing South 5002T49" West, 57.29 feet to a point of tangency; thence South 90000'0011 West, 411.79 feet ANNEXATION AND ZONING ORDINANCE (AZ-02-011) - 2 to the POlNT OF BEGINNING. Said parcel contains 75,970 sq. ft., or 1.74 acres more or less. C-G A parcel ofland located in the Southwest ~ ofthe Southeast 'i4 of Section 6, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Beginning at the Southwest corner of said Southwest 'i4 of the Southeast 'l4 of Section 6, T3N., R.1E., B.M.; thence North 00020'0111 East a distance of706.13 feet along the Westerly boundary of said Southwest 'l4 of the Southeast 'i4; thence leaving said Westerly boundary line South 90000'0011 East a distance of 332.18 feet; thence South 00000'00" East a distance of 215.19 feet; thence North 90000'00" East a distance of 411.79 feet; thence 62.10 feet along the arc of a curve to the left, a radius of 45.00 feet, a central angle of79004'23", and a chord bearing North 50027'4911 East, 57.29 feet; South 89005'2211 East a distance of 280.76 feet; thence South 00011'07" West a distance of 463.26 feet to a point on the Northerly right-of-way line ofFairview A venue (U.S. Hwy 30); thence along said right-of-way line, South 78045'39" West a distance of 7.22 feet to a point; thence leaving said Northerly right-of-way line, South 00023'20" West a distance of 50.00 feet to a point on the center line of Fairview Avenue (U.S. Hwy 30); thence 875.86 feet along the arc ofacurve to the left, with a radius of55966.02, a central angle of 00053'48" and a chord bearing South 89038'01" West, 875.80 feet; thence South 89011 '07" West a distance of 188.30 feet to the POlNT OF BEGINNING. Said parcel contains 600,774 square feet or 13.79 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 High Density Residential District (R-40), Neighborhood Business District (C-N), and General Retail and Service Commercial District (C-G). ANNEXATION AND ZONING ORDINANCE (AZ-02-011) - 3 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: The zoning designation set forth in Section 3 ofthis ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner ofthe land described in Section 1 dated the 24-1.!::.- day of (Jcfv6 f/L, , 2tJtJ 2--, and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries ofthe 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 ofthe State ofIdaho, all in compliance with Idaho Code ~63-2215 and ~50-223. ANNEXATION AND ZONING ORDINANCE (AZ-02-011) - 4 p ~.~ SED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 26 ~ day of ~ve ~ /JV1- , 2002. ~OVE~ THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this :26~ day of "'vel>> ,2002. ~: '- MAYOB\\1\1I1Tlt/Jl, ,,\ M' "11 ,,\'\, of f::./j'jl'> 11",1 ATTEST " :'\ -.. vl..-t // : f' c} TU'OR ~7~ ~ ~ cP :.<fJ:<.-~ .-' ,J ~ ~ '0 ~ rJt'~4-~~~ ~ CITY CLERK ~ '1'& &_ First Reading' / (- 2- 6 -(/ Z-- ~ ~ 0u." ,,OJ 0 ,~': . -:: <> '->r 1si. ~.:::.-' Adopted after first reading by ~U?P~~~, !""", r l\'9~,-?B allowed pursuant to Idaho Code 50- 902 Yes: X //1/,'/1,(.,;,1,', '}1p::\\\\\\ Second Reading: ..--- Third Reading: STATE OF IDAHO,) ss. County of Ada. ) t~,f . On this '2.LR day of f'J OVVvv1.-\r<.ru ,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 and year first above written. ~ll1tUlaDliI bO~Ql'l~~o. l'trI:;{..O 't~j:.<:-t.G Q co I "'" " III Q I Q \..~,-~J) .~~~mr\Q~. "t'1.,.,,,,lll\"';r. ~~(AA0'1 &~-ft-, NOTARY PUBLIC FOR IDAHO RESIDING AT: MC'--LoUM..-t.v ~c~ MY COMMISSION EXPIRES:~U:5' (SEAL) Z:\Work\M\Meridian\Meridian !5360M\FAIRVIEW LAKES AZ02-O! I CUP02-014\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-02-011) - 5 ~ ; ~ I L_ ; / ,;" ~ l l i m I ~ ~ ~; ) :;;c ( f! i/ ~! : i/ii ~. '! )> Ii. rii L::;[I ; .- '.~'''^---~~~; , BARBARAiDR" . "'~~~;"".t.."... ..~ . . . i i i 0> ; r ~/>..-....- i \ i ; 'i ----'-- .~ ,<' un.., . ;- 'N00020'01"E 656.12' NOO"20'01"E 595.00' :;0 .' f /.' ~ ii, S00023'27"W 0 CIJ III 0 1D )> r ... m ~ Z ~ aj m 0 ~O ~;o :!:m- en _0 m~ =< CD ;0- :!!)> 0 ~ <Z !2 r;l 0 0 _l> )> ;:0 "TJ :J mz ~ _Z -l 0> rr -O~ ~C1 ~ ~~m cJ :J: m ::u ~~ 0.;:0_ Z ~~O :;0 AO -" IV -I )> m m. ~Z cnl~ 0 8 ;:0 ~ ~ I ~ Z ~ - {lI -< \ en <- 0 bU~ ~gj~ -rof.... D:::i1j 0 C\l o 0 0>0 mm(3 W ...J m <( ~::Cl'-o> UJ~~~ ZZNl'- -lW~LO -l W....C\l Z-l...J :J '7 , ~ ~ \ ~1(J) .W O~ 2:5 Ws Ow Z_ <(> Zo::: 0<( O:::u.. o - 8 ZN W <( ~N n:: O~~ Z n:: Q:.~ (<) W~<l:; I- 0;:;: 09 - .0::::; I- _ co LLQ:~ g O~B .- <l:;- "0 >-s:~ (J) I- '::E en _ IU Ol5 (0 CJ) ~ I- ..- Z 0 W T"" ..J .. ~ () ~ rJ) 0 A~(Q)~ tMj(Q)(Q)@] 0 ~ ~ -, ~ U) '7., >= \) m - \ ~ ~IU) <( z~ a:: 0 "W W <( I=! N O~ ..... O~! 0:: Z:) Z a::: Ii" 0 ~?; (') W ILl ;:c I- ~~~ ZW CO u.~:z <(- c: OILl~ 0 z> :g 1-0 >- ~ ffi _0::: (!) 0- en I- u.i :: o:::~ ()o 0 lD lD ~ ~ ~ z 2> Iii .- --' Qj <( 0 1;j U) 0 i;6~.g~Z 3,,00.000008 <9 o ~ Ceo t~ ~, a (') 0) Z 1,- ,f: ~ "90L 3" <9 lLZ Oz I-Z z- -<9 Ow a...m 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 ofIdaho (SEAL) 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- 986, passed by the City Council of the City of Meridian, on the ;!"6-1!:. day of )/.or; ,2002, 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. \\\ulllllllll/ \\\ - II, ~"\~ Of ME,lTJOI."',/./", /,f~><;;"I.1/'~\~_ ft I ~ SEAL J ~lLL~ERG~ p- !"'~ cP I:: ~ .-C>y..... r,y / " ~.y..... ~iSi 15"'\' F $ ~ v'9 ~, STATE OF IDAHO'......~~I,I, ~.....fH;~i. ....' . 8"s,',-0. ...... County of Ada, ) On this ~k clarY o~ LWe.tvLI-vu, in the year '2M 2- ,before me, ~___q)\(\fY\..;...'_ , a Notary Public, appeared WILLIAM G. BERG, JR., known or 'identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. o",allotl:lo <:>""ON S~~~ .l~oiAi?~<b. 0~~ 'r ire, l1C1'j / "" " 0. Q t I Cl III I : : ,. , , ot tlI " ' Q ". ~ ' 0 "'0 '.. br-_ 'lC,-'4P.o <).,.~~~~~~.o .Q~-#...cOF ~.. l)ll'lIgEl"o. %.c\"''({)-r)(SYY'0.+e~ Not~ P~blic fo~ Idaho J { _ '7 0 _ 0" ComnussIOn ExpIres: '\ L- () () l;\ Work\M\Meridian\Meridian I5360M\F AlRVlEW LAKES AZ02.011 CUP02-0 14\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-02-0 11 MEETING DATE: Item Packet Pickup fl,OV~Vvl~ :lLe (2[02- G~~UM-.tJ( ** TX CONFIRMATlvN REPORT ** AS OF NOV 27 '02 10:28 PAGE. 01 CITY OF MERIDIRN DATE TIME TO/FROM 02 11/27 10:27 2088848929 MODE MIN/SEC PGS CMD~ STATUS EC--S 00'39" 002 169 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday; November 26; 2002 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: .-L Tammy de Weerd -L Bill Nary --X- Cherie McCandless ---.2L.- Keith Bird -L Mayor Robert Corrie 2. Adoption of the Agenda: Approve 3. Consent Agenda: A. Approve minutes of November 12, 2002 City Council Regular Meeting: Approve S_ Findings of Fact and Conclusions of Law for Approval: CUP 02-025 Request for a Conditional Use Permit for a wireless communications facility consisting of a 125 foot monopole and supporting equipment in an l-L zone for Verizon Wireless by Mericom Corporation - 3735 North Ten Mile Road: Approve c. Findings of Fact and Conclusions of law for Denial: CUP 02- 026 Request for a Conditional Use Permit for a 3901 square foot Carl's Jr. restaurant with a drive-thru in a C-G zone by Clayton Jones - on South Main Street, north of the Meridian Road and Main Street intersection: Approve D. Development Agreement: AZ 02-011 Request for Annexation and Zoning of 24.89 acres from R-T to C-G and R-40 zones for proposed Fairview lakes by Hopkins Financial Services, Inc.. _ 824 East Fairview Avenue: Approve E. Finance Department: Finance Report: Approve F. Change Order No.1, Tully Skate Park - Heartland Construction: Approve G- Change Order No.2, Tully Skate Park - Heartland Construction: Approve M<ridi... City Council Agond;>. - Nov.mb... U, 2002 Paae I of2 All Ollltcriolo p",scnI~d st publi~ moetings .ball bocomo property oftbc City ofMcri diaD. Anyone !!.siring ....ommndstion for di~jlitiM r.l...~ tn daeum.nt.. ""dler hearing., plCil"" .CUl1nd !he City C1crl<.'~ Offic:c al Sll8-4433 allClUl 48 hours priO[" Lo Ihe public ~<lmg. 6:00 p.m. 3. 6:15 p.m. 4. 6:30 p.m. 5. 6:50 p.m. 6. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, November 26, 2002 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd =:x:= Cherie McCandless :x Mayor Robert Corrie 2. Adoption of the Agenda: Ci;9FY"VV2.- x )( Bill Nary Keith Bird Discussion of Sewer and Water Extension on Locust Grove for Joint School District No.2: at/d O)V Aec~ 6~ ~J'~ ar,te'ha"t:LJ Executive Session per Idaho Code ~67-2345(1)(c): /W? deci'J/Q1-V hL--ade...- Discussion of COMPASS Restructuring: _ d/ -/ men- t-s- Ir &( d f /1..!l hn ~ c;e.e cil'lQn) - ;9Y'P /OJ tf.L.( << ffl en. t-l Discussion of Finance Report with Finance Department: pRf e,..,fep0 Meridian City Council Agenda - November 26, 2002 Page I of 1 All materials presented at public meetings shall become property of the City ofMendian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. MA YOR Robert D. Corrie ~~~~ oW; CITY OF r~~3!ti.ut ''--~f- ~", erldic:rn ~; \ ~~ IDAHO l .>. /y 'I:~ ,y." .-/ .-./ ~~~l~E . ,1903 LEGAL DEPARTMENT (208) 288-2499 . F~,\ 288-250 I PARKS & RECREATION (208 888-3579 . F~x 898-550 I PUBLIC WORKS (208) 898-5500 'F~x 887-1297 BUILDING DEPARTMENT (208) 887-22)] . F~x 887 -1297 PLANNING AND ZONING (208) 88-+-5533 . F~x 888-685-+ CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, November 26, 2002 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as. the following issues: - Discussion of Sewer and Water Extension on Locust Grove for Joint School District No. 2 - Executive Session per Idaho Code s67-2345(1)(c) - Discussion of COMPASS Restructuring - Discussion of Finance Report with Finance Department The Executive Session is closed to the public; however, the public is welcome to attend the remainder of the meeting. \\\I\\1l1lfIl11fl \\\ r: Ml::' III """\.1 Or t;:.RII" III", " ;(.... <...IL,., ...... ....' ),,'\ -7A. 'l ! (j o?,<POR41:: . Y ~ ~ ~c; ~o -::. :::"" ~ - - ~ ~ - - - - - - DATED this 22nd day of November, 2002. 33 EAST IDAHO. NffiRIDIAN, IDAHO 83642 (208) 888-4433' Fax (208) 887-4813 . City Clerk Office Fax (208) 888-42J8 . Human Resources Fax (208) 288-1193 MA YOR Robert D. Corrie cM;;;dl~1~ " ~'" IDAHO '"'c " ~ . .v. ., ."''''l . 1903 " " " V II /1 ,,?/ / LEGAL DEPARTMENT (208) 288.2499 . Fox 288-2501 PARKS & RECREATION (208 388-3579 - Fox 898-5501 PUBLIC WORKS (208) 898-5500 -Fax 387-1297 BUILDING DEPARTMENT (208) 887-2211 . Fox 887-1297 PLANNING AND ZONING (208) 884-5533 - Fax 883-6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird . Novemp~r 21,2002 ... Wendell Bigham Joint School District NO.2 911 Meridian Street Meridian, Idaho 83642 RE: Joint School District No.2 Sewer I Water Extension Dear Wendell, Per my November 21, 2002 email, enclosed you will find a copy of the memo for the above Pre-Council meeting discussion item for November 26, 2002. Please feel free to call my office if you have any questions or concerns. Sincerely, . S h0A4dtv Sharon Smith Deputy City Clerk Enclosure 33 EAST IDAHO' MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 288-1193 Sharon Smith ( ( From: Sent: To: Subject: Sharon Smith Thursday. November 21,2002 12:29 PM 'bighamw@meridianschools.org' Joint School District NO.2 Sewer Extension Discussion ~ Schoof District Sewer Extensio.n Wendell, I expect this item to be on next week's City Council precouncil meeting agenda. The mayor will get back to us on whether that will start at 6:00 or 6:30. Please let this office know what your schedule is like, and if you are available to attend. I will also be mailing a hard copy to you, but wanted you to be able to review this item as soon as possible. Thank you! Sharon Smith Meridian City Clerk's Office ph. 888-4433 ext 210 1 City of Meridian Public Works Dept. -,,/'-. ( RECEIVED NOY 1 9 2002 City of Meridian City Clerk Office Memo To: Mayor & Council From:Gary D. Smith, PE CC: file, Brad Watson, PE, City Attorney, City Clerk Date: November 18,2002 Re: Joint School District No.2 - SewerIWater Extension RECElv'ED NOV 1 9 2002 City Of Meridian City Clerk Office Mayor & Council: Attached is a copy of correspondence that our City Engineer, Brad Watson, PE received from Wendel Bigham of Joint School District No.2. The second paragraph of his letter is a request for the City t9 extend water and sewer service to a point approximately 720 feet south of the intersection of Locust Grove Road and Chinden Boulevard. Previously you have approved extension of city water in Locust Grove Road to a church site adjacent to and northerly of this location. The proposed elementary and alternative high school sites are located, respectively, to the southwest and south of the church site, as shown on the attached drawing. Therefore, water is already scheduled to be extended past the frontage of this parcel, although city approval to serve the school site parcels has not been given. It is our estimate that only the proposed alternative high school site could be served by gravity with a sewer extension in Locust Grove. If a sewer extension is approved in Locust Grove, it would be appropriate to continue the extension to the north, or at least investigate the continued extension, for service to the proposed church site. Also attached is a small scale drawing showing the location of our existing water and sewer system in this area. A sanitary sewer line would need to be extended approximately 1950 feet to reach the south boundary of the church property. From the desk of... The sewage flow for these proposed school sites and church site would be handled by the Vienna Woods subdivision lift station, and would be pumped into the White Gary D. Smith, PE Public Works Director Meridian PubIk Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho B3642 . Page 1 ~) 898-5500 Fax:~) 887-1297 Drain sewer trunk line. Most likely, the capacity of the Vienna Woods lift station will need to be increased to accommodate this increase of flow. Sewer service to properties within the White Drain sewer service area will be diminished as service to properties outside of its service area are allowed. It appears from activity north of McMillan Road, that the development community will soon construct a major portion of the North Slough Sewer line. Eliminating the Vienna Woods lift station will require an approximate one-mile extension of the North Slough sewer line, beyond what is planned by developers at this time. Please advise me as to how you would like to proceed with this request for water service and for sewer service, outside an existing sewer service area, and outside of our present corporate limits. Sincerely, /~~ Gary D. Smith . Page 2 Joint School District No.2 911 Meridian Street · Meridian, Idaho 83642 · (208) 888-6701 . Fax (208) 888-6700 SUPERJNTENDENT Christine H. Donnell November 7, 2002 RECEIVED NOV 1 1 2002 JlERJDJAN CITY ENGINEER' Brad Watson Meridian City Public Works 660 E. Watertower, Ste 200 Meridian, ID 83642 Re: New Academy High School, Locust Grove Road Dear Mr, Watson: As you are aware the recent passage of our bond issue approved the construction of a new academy high school. The site for t.hls facility is located on Locust Grove Road a half mile north of McMillan on the west side of the road. I have attached a vicinity map (referred to as Stetson property) and an approximate location map for the Academy High School. The property in question is currently not owned by the school district, however, a land exchange is in progress with Stetson Properties, LP and closure of the exchange is dependent upon city utility services being made available at the desired school site. At this time, we are req,uesting that the city of Meridian extend sewer and water to this site. It should be noted that at a future d3te an elementary school will also be constructed on this site. We have retained Hummel Architects to design the facility, should they call you regarding this project and the forthcoming applications please communicate with them as they will be a designated agent of the school district Your timely attention and response to this request will greatly assist us in complying with the requirements of Meridian City for the essential public services. Sincerely, ~~ Supervisor Facilities and Construction C: Jim Jewett, Stetson Properties LP Ed Daniels, Hummel Architects -.-r.u L.ATI ON Gary S. _. Brad \tv -..-.------ Bruce F. .-.__._._-+_._-~--- .....--..---------<<.---,. 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"' > I !' ~ ~ ~ ~ .. " .. - !: ~ '" ... !i .. .. '" !: !: oJ> ... 0: ~ ~ :i-~ lll:l.= :z V <5 "~ " '" ;1;- ~ ... ... ; ; ~ ~ ~ ~ '" .. ~ ~ l ; ~ 1 .... ... .. .. g ii i:; :.: l~tv 9!~. "=-'( ;; ~'i: ; ~ ~ !l , ;c !l , ~i !It t t::: .!l \.. "e ~ ~ o - ~ ~ ~ ~ .. ~ ~ ~ a.. ,........ o,n T~ . .... ~~ '::. ;.. Gi - - ~ ij'll 9>l1 CJ" ';: ~ :,:..." ~ ~ n. " " " ~ ~ ",I}", :;\ 2' C-.C \ . I I 7 1/ i:~1. 0J c- . ~ "'. r-I ~ - I I 5=i .~ L I r- - 17 L:: ~~: ~ ~ ::: ~ c-. ~ l- I J ~ J <> ~ ~o~. u.c:r..- ~,~t: -s == --r:=...= -j ", ~ 7 ~?! 1\ __J 7J11 [' /I " .. ,., ,.. :.1/ ;:: f- f--- ('\ s ~ (, .(li! r--- ~ I ~ <I CITY OF MERIDIAN GENERAL FUND REVENUE GRAPHS AND COMPARISONS $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $0 $142,500 Ii!] Franchise Fees Ii!] Park Impact General Fund Revenue Comparison Actual FY98 Actual FY99 Actual FYOO Actual FY01 Actual FY02 Budget FY03 -Other -Interest General Fund Revenue Comparison 100% 80% 60% 40% 20% 0% Actual Actual Actual Actual Actual Budget FY98 FY99 FYOO FY01 FY02 FY03 . Other lllI Interest III Service Charges iii Rural Fire III Court Revenue iii State Rev Sharing o Building Dept IIliI License/Permits I!IiI Taxes General Fund - Detail - Other Services Revenue Ii!] Filing Fees lIlI Ada Cty Impact o School Resource CI Garbage Franchise lIlI Recreation Fees B Golf Course Exp . Park Reservations 11/26/2002GFrevenuecornpare CITY OF MERIDIAN GENERAL FUND REVENUE GRAPHS AND COMPARISONS FY03 Budget General Fund Revenue - Audit Classifications $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $0 7: 'ttes 1.. . In "'" {Cens tergo {Iles e ilnC/ p. Vernfl} erfl}its elltill f!1iscelliln e04s TAXES Property Tax and Penalties LICENSES AND PERMITS Alcoholic Licenses Building Permits. Building Department Dog Licenses Miscellaneous INTERGOVERNMENTAL Slale Liquor Apportionment Court Revenue Slale Sales Tax State Revenue Sharing Rural Fire Grants Ch lilt ilrge ereSt s fOr Serv' fCes FINES AND FORFEITURES Parking Fines CHARGES FOR SERVICE Ada County Impact Fees Franchise Fees Filing Fees - Planning and Zoning Special Pollce Services Sanilary Service Adminislrative Fees Recreation Programs Golf Course Expansion Park Reservation Fees Park Impacl Fees INTEREST MISCELLANEOUS City of Meridian in practice isolates building pennit and filing fee revenue in a separate fund - Special Services The funds are used to operate the Building Department and Planning and Zoning with any remainder added to a fund balance reserved for general fund capital improvement projects. However. in essence lhese are general fund revenues 11/26/2002GFrevenuecompare December 13, 2002 December 17, 2002 ITEM NO. MERIDIAN CITY COUNCIL MEETING APPLICANT 3-PL ,~ REQUEST Approve minutes of November 26,2002 Pre-Council meeting:~ AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: vJ./ t/1r~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. 6:00 p.m.3. 6:15 p.m. 4. 6:30 p.m. 5. 6:50 p.m. 6. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, November 26, 2002 at 6:00 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: Approve Discussion of Sewer and Water Extension on Locust Grove for Joint School District No.2: Add on December 3, 2002 Consent Agenda Executive Session per Idaho Code ~67-2345(1)(c): No decision made Discussion of COMPASS Restructuring: Reading final decision - proposal! amendments Discussion of Finance Report with Finance Department: Presented Meridian City Council Agenda - November 26,2002 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hOUTS prior to the public meeting. Meridian City Pre-Council Meetim:J November 26. 2002 The Pre-Council Meeting of the Meridian City Council was called to order at 6:00 P.M. on Tuesday, November 26,2002, by Mayor Robert Corrie. Members Present: Robert Corrie, Tammy de Weerd, Bill Nary, Keith Bird, and Cherie McCandless. Others Present: BlII Nichols, Gary Smith, Brad Watson, Stacy Kilchenmann and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Corrie: It's 6:00 November the 26th 2002 Pre-Council Meeting. Roll call attendance please"Mr. Clerk. Bill Nary Keith Bird Item 2. Adoption of the Agenda: Corrie: Next item on the agenda is adoption of the agenda. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: [move that we approve the agenda as published. De Weerd: Second Corrie: 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 CARRIED: ALL AYES Item 3. Discussion of Sewer and Water Extension on Locust Grove for Joint School District No.2: Corrie: Item Number 3 on the agenda is the discussion of Sewer and Water Extension on Locust Grove for Joint School District No.2. So I will -- Gary you can have the floor. Smith: Thank you Mr. Mayor and Council Members. In your packet you have a memo that I put together explaining the request that the School District had Meridian City Pre-Council Meetll'loi November 26, 2002 Page 2 of 12 forwarded to Brad Watson for an extension of sewer and water utilities in Locust Grove Road from Vienna Woods Subdivision north to near Chinden Boulevard. The purpose for the request that Wendell sent to Brad is for service to an Academy High School and I think there was an elementary school. Yes an elementary school the alternative High School side and the elementary side. Both of these sides are just south of the church side. I can't recall the name of the church at the southwest corner of Chinden and Locust Grove. As I explained in my memo you previously authorized an extension of the water main in Locust Grove to serve the church side so that would pass the frontage of the alternative high school side and the elementary side. The elementary side is west of the alternative high school side. It appears from the map that Wendell submitted fronts Locust Grove Road. I guess the question that I presented to you this evening is really concerning an extension of the sewer main in Locust Grove. The water main is ready to go out for bid and it would be completed I think Brad said in early spring of next year, the water main would be. I don't recall, Wendell is here this evening, I don't recall what the time schedule is. I don't see it in Wendell's letter perhaps he could address that but again it's a request to extend services beyond the city limits and that is the reason why it is being brought before you for some direction. One other thing I might add is that the water line is going to be extended off the east edge of the asphalt in Locust Grove. The sewer line would be in the west side of the roadway. One thing we are going to have to contend with and I don't know how big of an impact it would be is the surfacing of Locust Grove that was just completed last year the resurfacing of Locust Grove. Depending on where we are located as to the edge of pavement would be an impact on how much of the asphalt would need to be replaced. Its we estimated roughly at 80,000 dollars as far as constructing approximately 2,000 feet of sewer line. That could vary depending on how much asphalt would be involved for replacement. There would be some design costs but it would be I guess you could say a minimal amount as compared to the construction cost. The other thing that we are not certain of is how much of the site could be served by gravity back into this line. We are pretty sure that the alternative high school site would serve by gravity without a problem but the elementary site may be an issue as far as gravity service back to Locust Grove. The other thing that I mentioned in the memo was if you desire us to proceed with this, we probably should also investigate the possibility of gravity sewer service for that church site at the same time because they were going to install an on site disposal system. If we do get up that way with the sewer line then I'm sure that Central District Health will have a comment or two about connecting to the sewer rather then allowing an onsite disposal system. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Gary this would go down into the lift station there at Locust Grove and - Smith: Yes. Meridian City Pre-Council Meeill'lj November 26, 2002 Page 3 of 12 Bird: -- McMillan and is that line currently on the west side of Locust Grove? Coming through the intersection? Smith: The pressure line does. Bird: Okay. Smith: Yes. There is a sewer line along the frontage of Locust Grove, excuse me, the frontage of Vienna in Locust Grove. J believe that's on the west side. Bird: This one would come up the west side up to 2,000 feet and hook up to that. Smith: Yes. We're by our utility coordinating committee for Ada County we are supposed to occupy the west side south and west side of center line of the roadways with sewer. Bird: How much right of way do we got there we are not going to have to get into the asphalt are we? Smith: Well on Locust Grove on the west side of Locust Grove its 25 feet from center line, it's a typical county road - Bird: Easement. Smith: -- right of way. On the east side at Vienna Woods there is more right of way because of the subdivision that was platted there but on the west side we are restricted to the 25 feet of right of way. Bird: Is 25 feet Gary wide enough to get the equipment and stuff in that it takes to dig a sewer line? Without tearing up asphalt. Smith: Well Councilman Bird I guess it kind of depends on what's out there presently. What kind of utility id located under ground. Sometimes we run into some underground fiber optics and I just don't know what's there. That's something we'd have to look at and if we can that would be the thing we want to do is to locate off the edge of oil and preserve that pavement. We certainly don't want to tear that up if we don't have to. Bird: If we have to get out there and disturb the pavement what kind of increase in costs are we going to have at that point any idea Gary at all 50 percent more 70 to 60 percent more? Smith: I don't have a good feeling for the cost of asphalt. I don't know. Brad thinks maybe 25 percent more if we had to rebuild a half a lane and if we get in to the pavement very much then the highway district will require us to go to centerline to replace. Bird: I understand that. I have no further questions Mayor. Meridian City Pre-Council Meelill\;l November 26, 2002 Page 4 of 12 Corrie: Okay any other questions. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: So this area would traditionally be served through the North Slough. Smith: Yes correct. De Weerd: And on the master plan where is that? I know that the developers are bringing it out within a mile. Smith: Right. De Weerd: So what would be the normal timing if it just followed some sort of master plan. Smith: Council Member De Weerd. We don't have a projected time period for constructing the remaining portion of the North Slough. That hasn't been programmed in as far as a date a year a budget year. De Weerd: Okay so as its proposed then it would be attached to the Vienna Woods lift station and pumped into what will soon be into the white. Smith: Correct. De Weerd: If that is constructed. Smith: That's right yes. De Weerd: Which would have the capacity to serve that? Smith: Well yes it could, as I mentioned here it could impact the capacity of the white at some point but that's hard to say how much flow we are going to receive. De Weerd: But I mean that's assuming we have full build out and x amount of years. Smith: Right. Yes. De Weerd: I mean that's. Smith: Correct. De Weerd: Okay. Meridian City Pre-Council MeetilJ8 November 26, 2002 Page 5 of 12 Smith: I guess there are some things that, there are some points here that are really hard to get your arms around. One would be how fast does the service area of the white drain build out and how fast does the development of the North Slough take place by the development community from Ten Mile to Linder. There is a lot of ground out there. There is a lot of activity that's going to have to take place in order for those areas to build out. De Weerd: Well Gary how far are we from constructing the lines ourselves and charging an assessment fee back a trunk line fee. To where, you know in one sense if we do this it's not going to be developer driven. You know because people will just kind of look to attach on to the light and who knows if we will ever get that final one mile lay unless we take it on and then at that point can you even assess a trunk line assessment fee on our already existing users. I guess that would have to be considered in any kind of policy we set but the precedence I guess we would be setting in that square mile that's what we really need to be consciences of. I guess I would like to know what kind of timeframe the school districts on with these two schools and if the elementary side is one of those that was just approved .in the bond that passed. Smith: Council Member De Weerd, Mayor, and Council. I guess we can the Public Works Department will take our direction from you as a Mayor and Council as to how you want to see the sewer system develop and where you want to see growth take place. We can certainly dial that extension of the North Slough that's not being programmed by the development community into a Capital Improvement Plan and get that done. De Weerd: And at least attach a year to it then. Smith: Pardon me. De Weerd: At least attach a development year to it so that people know when that will be buildable in what year that would be available. Bird: Mr. Mayor. Corrie: Yes. Bird: My thought has been and it isn't the time to discuss it. I told Tammy I'd like to see it on a Pre-Council Meeting. Is for five years we have been trying to get a trunk line fee in that every like Boise's got like Nampa's got that everybody that builds a Building Permit pays for the trunk line. Then you go out and put the trunk lines in and you don't have these contracts with the developers these things that drive our finance department through the wall. That's what I hoped we'd be able to do on the Black Cat and the other thing but we have to get that trunk line fee, which we've been working on. Gary and Brad are both well aware of it. We got to get that trunk line fee in so that when you are picking up Building Permits you are paying for the trunk line expansion and up keep so that's something. That doesn't have anything to do with this right now. That's something that we Meridian City Pre-Council Meetll'\;l November 26, 2002 Page 6 of 12 have to get on the Pre-Council Agenda in the next week or two then we can discuss that on this deal. I believe that this is one of the grade schools that were passed on this bond. Yes Wendell. Is this the Health Academy? De Weerd: The mayor should call him forward. Corrie: Come on up Wendell. Give your name and that's all we need for the record. Bingham: Wendell Bingham representing Joint School District No.2. A little information, this is a school that was approved in the bond issue. It's the new academy high school. Think of Meridian Academy 150 student high school is what we are proposing initially. The elementary school that is located slightly to the north and west of the sight. I couldn't tell you the time line that that school would be built. Our next bond issue is in 2004. I think its unlikely that that elementary school site would be in the 2004 bond issue because there is no growth around that school and the boundary thing seems to be relieving itself. A couple things I would like to throw in. We did try and find a site within sewerable range of the existing sewer system out there. The school is somewhat geographically sensitive. It is an academy high school to serve predominantly the Centennial High School area, Meridian Academy for this area and of course, Eagle Academy serves that It's geographically sensitive to get it in to some sort of proximity with Centennial High School. Having said that we looked all over for land and couldn't really find anything that was immediately sewerable. As we started looking, I can tell you some of my perceptions. One with the academy school we got it as close to the sewer as we could to get the extension down. I believe the piece of property directly east of the Stetson property in question is deed restricted for another five, seven, nine years. I think you know you won't see it coming on line if Star Elementary has to pump to the Academy High School it's pretty unlikely that much other development will fuel although I can't speak for Mr. Jewett who's here representing the ownership of the land and then of course the land immediately west of Vienna Woods. Dunwoody Subdivision I have no idea what their plans on and probably the last thing I would throw in in trying to make a persuasive argument would be that it is a 150 student school it operates nine months out of the year and it usually is directly opposite of peak demands from residences in terms of flows. Our goal is not to open up the North Slough for development our goal is simply to get a school located as close in as we can and we fully expect that we will probably be widening Locust Grove Road through ACHD and that there maybe some type of commitment on sewer costs sharing whatever. Again, we are just simply trying to get it to this high school site at this point. With that I stand for questions. Corrie: That answers a lot of questions. Any other questions? Any other comments Gary? Smith: No sir I don't. Meridian City Pre-Council Meelh '\,I November 26, 2002 Page 7 of 12 Corrie: Any further discussion? Hearing none. Just about on time for the Executive Session so do I hear a motion? Nary: Mr. Mayor. I move that we go into Executive Session pursuant to Idaho Code 67-2345 (1)(c). Bird: Second. Corrie: Okay. Roll call vote please. Roll-Call Vote: Nary, aye; Bird, aye; McCandless, aye; De Weerd, aye. All ayes. Corrie: Okay all ayes. Go into Executive Session at 6:20. De Weerd: When do we give the School District. (Inaudible discussion amongst Council Members) Bird: I for one am all for bringing it forward and let's get it on. Corrie: We can bring it on the 3rd if you want. Will does it take a Public Hearing. (Go into Executive Session 6:20 PM) (Come out of Executive Session at 6:38 PM) Corrie: All right I will entertain a motion to come out of Executive Session. McCandless: So moved. Bird: Second. Corrie: Motion has been made and seconded to come out of Executive Session. All those in favor of the motion say aye. All ayes motion carried. Let the record show that no decisions were made in the executive session. Item 4. Discussion of COMPASS Restructuring: Corrie: The next item is discussion of COMPASS Restructuring. Council I think we have Clair here tonight to answer any questions you might have as I stated earlier this afternoon they would not probably take a vote in December. Is that right Clair? On this until we get some more information from the committee and we will then get some more information on that so open for discussion. Anybody have any questions at this point? De Weerd: Mr. Mayor. Corrie: Yes. Mrs. de Weerd. Meridian City Pre-Council Meetlfl!;;l November 26, 2002 Page 8 of 12 De Weerd: As I understand it they are taking it back to the sub committee after the COMPASS Meetings the initial reaction they received and will take it back to the sub committee and reconsider or take another look at it. Clair. Bowman: My name is Clair Bowman. I am the director of COMPASS. The sub committee members that has not formally again but the sub committee who have had a chance to talk to one another since the board presentation two weeks ago have realized the month that the committee originally build into the process for discussion and trying to refute the proposal is not nearly enough. You can understand why. The issues involve mostly the allocation of votes and how to address some of what seems too questionable to some folks. I have had a conversation with Mayor Coles there are several proposals that have been made to him over the last few days. He is willing to entertain discussions and the City Council is willing to entertain discussions about different alignment then what was proposed at the last board meeting. The committee would like to get together themselves and look at some of those proposals so they could bring back a recommendation to the board on any modification to their original proposal. We can. not ~et the committee together we have tried everything down through December 20 I think at this point, can not get them together so the meeting right now is scheduled for January 17th. The COMPASS Board Meeting meets on the 27th I believe, excuse me the meeting is January 14th a Tuesday. They are also going to extend an invitation to several folks to participate in that I believe you are one of those people who will be asked to participate. I believe Sherry Hubert as Commissioner of the Highway District will be asked to participate in that because you were two of the ones who raised some of the primary questions that were raised originally and they would like to bring those questions into the process and include them as part of the dialog. I believe you will be receiving the invitation and I believe Sherry Hubert will be receiving an invitation to participate in that meeting. De Weerd: Okay. One other question I guess I would have if I may Mayor. Also part of the COMPASS discussion was as they look at the restructure it seemed and in reading the minutes from the Executive Board Meeting this last month that the disaster emergency services will be pulled out of COMPASS or funded through a different mechanism as well as the street naming. We didn't quite know then who would be funding that. That certainly would be of interest to I think the City's because that's something that has been traditionally paid for and through the COMPASS structure will that pass, that cost be passed on to the City's then. Bowman: Very appropriate questions. De Weerd: Or the County. I already assigned it to the County. Bowman: Let me deal with the easy one first if I may. The addressing and street naming function that we perform. Addressing is done for five of the seven general-purpose governments in Ada County. Excuse me four of the seven general-purpose governments in Ada County that is the assigning of address Meridian City Pre-Council Meeth,!;! November 26, 2002 Page 9 of 12 when a Subdivision plat comes in, when a lot split is done or when a lot join is done things like that. We do street naming, we now manage the street naming function for the entire county all street names that are assigned or proposed to be changed are now processed through my staff with a written agreement from the Sheriffs Department where that responsibility is assigned. As of December 31st or as close to there after as we can work out an agreement we will either stop performing that function both of us addressing and street naming or the Sheriff will pick up 100 percent of the cost of those. That cost will not be passed on to other folks. Street naming is really, the rules about it are really to facilitate emergency services, and the Sheriff and the Public Safety Communications Board are deemed to be the correct places for that. There are some legal questions we are trying to get worked out on whether it come out of the Sheriffs budget or someone else's but that function we will either have 100 percent funding for it in the not to distant future or we will not perform that function anymore and it will be referred back to the Sheriff to perform. Emergency management is a little tougher in the discussion both in the restructuring committee and at the board meeting has not been clear on whether I'm not allowed to use any membership dues to fund emergency management or whether I'm just not allowed to use Canyon County membership dues. It's clear were not going to use any membership dues from Canyon County to fund emergency management. It serves only Ada County with 98 percent of what it does. I would have the flexibility to use some of the membership dues from Ada County to fund a portion of that with the remainder picked up in some other fashion for this coming board meeting. I do not yet have a proposal on how that is done but the Executive Committee next Monday that will be a piece of my discussion to them. What portion of it can I fund out of Ada County COMPASS membership dues. Therefore I get a handle on how much I have to look for elsewhere. The County has assigned the responsibility for that. I think you are very appropriate looking to the County has the primary source of additional funding that might be needed. I can't guarantee that obviously. I'm not in position to do that but that's where I will be looking personally. I've already initiated some discussion with the County Commissioners or Commissioners to be on that regard. De Weerd: Well I'd hope my comment had initiated it as well. At least so they knew what I'd thought. Well I appreciate that so we should at the December meeting have a clear picture as to what. Bowman: Yes. Thank you very much. Corrie: Thank you Clair. Gary. Smith: Mr. Mayor and Council Members I guess just a clarification. The City of Meridian does do their addressing for subdivision plats and we are working and have been with COMPASS on areas outside of the City limits as far as addressing goes so that, we had a little bit of a problem with one subdivision that caused us to work more closely together. Meridian City Pre-Council Meeliil~ November 26, 2002 Page 10 of 12 Corrie: I still got a copy of that letter. Smith: But we do take care of it inside the city limits as far as the street addressing goes. Corrie: Meridian is one of those four he was talking about De Weerd: Great Smith: Thank you. Corrie: Any other discussion? Thank you Clair, we will see you at the next meeting. De Weerd: Thank you Clair. Item 6. Discussion of Finance Report with Finance Department Corrie: Okay ne~t on the agenda here, right on time here is discussion of Finance Report with the Finance Department Stacy. Kilchenmann: Mr. Mayor, Members of the Council. We just, you have in your packet the October financial reports and we are just one year into the new year so I really don't have anything to note there unless somebody has any specific questions on it I also in front of you did some different graphs with the general fund revenues we discussed last week to try to get things that we can present or talk our legislatures about as far as our sources of revenue. There are just some different graphs for you to look at and kind of get a feel for our revenue streams. The one thing that I did want to call your attention is that Building Permit fees and Planning and Zoning fees are technically general fund fees as a practice Meridian as separated those into a different fund. When we look at our audit, they are part of the general fund so I've tried to make some distinctions there so when you look at our revenue source it will tie back to the audit numbers but you can also separate those out. If you have any, I know you haven't had a chance to look at them, but if you have questions or you have any new kind of comparisons you want me to make or things you want to know or think would be good to present let me know and I can do that. I also think we need to look not just on the revenue side but on the cost side so I'll probably for next time or the next month have some graphs and figures that we can look at on that. Just the other thing I wanted to say is we have had our IT person for a couple weeks now. We've already got our first computer purchase made that we did for the citywide. I think he purchased 14 computers so that came out good. They are all uniform and will all be easy to load so we are starting on the right path with that. We have had a meeting of out users Steering Committee and we are starting to work on gathering everyone's projects and prioritizing them and so forth so things _ he's just kind of hit the ground running and taking off and getting some things that we want him to accomplish with that position done. We have the auditors here this week and they will be back the ninth and probably should be finished in a week so that's all I really have for tonight. Are there any questions? Meridian City Pre-Council Meeting November 26, 2002 Page 11 of 12 Bird: I have none. Good job Stacy. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: If each will kind of take this chart we got and digest it over the holidays and provide Stacy with any feedback. That way we can get comments to her so that maybe the mayor can bring copies with him to the legislative luncheon so that we can present these to our representatives. Make sure as you review them that you truly understand hem so that as we have an opportunity to talk about it we can answer any of their questions too. Corrie: One of the things that I'm real concerned about is the more chatter on television on the revenue sharing side. There is 50 million dollars plus they are looking at real close that the legislatures I have talked to and we need to sit down Stacy, maybe tak~ that out and see if that was taken out where we would be because there is a pretty good chunk of revenue sharing that they just might latch on to. That's what I'm looking at right now. De Weerd: Mr. Mayor. Corrie: Yes. De Weerd: I guess, you know I think in some regards Stacy a pie chart is easier to really show the percentage of your budget that the revenue sharing is so if we can also do it in a pie chart form so they now okay if it looks like its 15 percent. Kilchenmann: Mr. Mayor, Members of the Council it's about 15 percent and then the revenue manual that you got in your 2003 budget book there are several pie charts. We already have those so those will be easy just to pull off and we can show those too. De Weerd: So then if we can have then are general operating fund bottom line and say 20 percent or 15 percent equals one point whatever million dollars to take out of this existing budget and show the pie chart then on our expense you know percentage to police percentage to fire percentage to parks and other government just so they can see we don't have a whole lot of wiggle room. That if they take that 15 20 percent out it's coming directly out of our safety services. This is something that they really need to have right in front of their faces. So. Kilchenmann: I agree I think we really have to lobby on this. De Weerd: But I appreciate the visuals cause that's what's going to tell our story so thank you. ! Meridian City Pre-Council Meetir,~ November 26,2002 Page 12 of 12 Corrie: Okay any other discussion? I will entertain a motion that we close the Pre-Council Meeting. Bird: So moved. McCandless: Second. Corrie: Motion made and seconded to close the Pre-Council Meeting any further discussion? All those in favor of the motion say aye. All ayes motion carried. We will be back here at 7:00. Thank you. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 6:55 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: /2- / /1/ tJ2- DATE 6:00 p.m. 3. 6:15 p.m. 4. 6:30 p.m. 5. 6:50 p.m. 6. CITY OF MERIDIAN PRE~COUNCIL MEETING AGENDA Tuesday, November 26, 2002 at 6:00 p.m. City Council Chambers 1. RolI~call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Discussion of Sewer and Water Extension on Locust Grove for Joint School District No.2: Executive Session per Idaho Code ~67 ~2345(1 )(c): Discussion of COMPASS Restructuring: Discussion of Finance Report with Finance Department: Meridian City Council Agenda - November 26, 2002 Page 1 of 1 All materials presented at public meetings shall beC(lme property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. MAYOR Robert D. Corrie ":t~l:J~~!~; ,I:t<.: ~.~(1: ~ olfe;;;lt;~~ \, '" IDAHO // .A /y "'~ f 'n- -I Q '~'S1H" . \ 1903 LEGAL DEP.4.RTMENT (208) 288-2499 . Fax 288-250 I PARKS & RECR8ATlON (208 888-3579 . Fax 898.5501 PUBLIC WORKS (208) 898-5500 'Fax 887.1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZONING (208) 88-1.5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd WiHiam L. M. Nary Cherie McCandless Keith Bird NOTICE OF PRE~COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Co~ncil Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, November 26, 2002 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as-the following issues: - Discussion of Sewer and Water Extension on Locust Grove for Joint School District No. 2 - Executive Session per Idaho Code s67-2345(1 )(c) - Discussion of COMPASS Restructuring - Discussion of Finance Report with Finance Deparlment The Executive Session is closed to the public; however, the public is welcome to attend the remainder of the meeting. d'!~A DATED this 22nd day of November, 2002. 33 EAST IDAHO. MERIDIAN. IDAHO 83642 (208) 888-4433 . Fax (208) 887.4813 . City Clerk Office Fax (208) 888.42] 8 . Human Resources Fax (208) 288-1193 MAYOR Robert D. Corrie " ~..... .:"C. -','1" -d ~:r~.f1:~~~ ;k loll::.. ~"'(~ r cM'e;;dl;~~C: \, J ~ IDAHO 1}-- .). Y ~~ {> /' ",~ql.CE , 1903 LEGAL DEPARTMENT (208) 288.2499 . Fax 288.250 I PARKS & RECREATION (208 888.3579 . Fax 898.5501 PUBLIC WORKS (208) 898.5500 'Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211' Fax 887.1297 PLANNING AND ZONING (208) 884.5533 . Fax 888.6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Co.uncil Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, November 26, 2002 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Discussion of Sewer and Water Extension on Locust Grove for Joint School District No. 2 - Executive Session per Idaho Code &67-2345(1}(c) - Discussion of COMPASS Restructuring - Discussion of Finance Report with Finance Department The Executive Session is closed to the public; however, the public is welcome to attend the remainder of the meeting. DATED this 22nd day of November, 2002. 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 288-1193