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HomeMy WebLinkAbout2002-10-01 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 1,2002, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd >c Cherie ~candless ,X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: tif ;ro v-e..-- 3. 4. E. Promotion _ Ceremony for Meridian Police Department Corporals by Chief Worley: .H-/~ ,tJ;pp/J-l{ IJ1YI-PY1, J.everJC?-v J t:rl'c...- .Jtrol ~j J J-lac'j hr/'1o/tL-, Jake ;';;'clt.(;Ilf IlhaH JlClrJon..J Consent Agenda: A. Approve minutes from September 10,2002 Pre-Council Meeting: ~~ Approve minutes from September 17, 2002 City Council Regular Meeting: cvp;:rrvve.... Findings of Fact and Conclusions of Law: 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: ~V~ Findings of Fact and Conclusions of Law: CUP 02-014 Request for a Conditional Use Permit for a Planned Unit Development for a commercial building site in a proposed C-G zone and a 192 unit residential apartment complex in a proposed R-40 zone for the proposed Fairview Lakes by Hopkins Financial Services, Inc. - 824 East Fairview Avenue: ar~t:? v'Z- Findings of Fact and Conclusions of Law: CUP 02-019 Request for Conditional Use Permit for an office and shop for transmission service and repair in a C-G zone for Bobby's Transmission by Treasure Valley Engineers - south of 835 East Fairview Avenue: ~VJl.- B. C. D. , '~~ Meridian City Council Agenda - October 1, 2002 Page I of3 All materials presented at public meetings shall berome property ofthe City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Findings of Fact and Conclusions of Law: VAR 02-014 Request for a Variance to permit splitting off a 12-acre parcel in the southeast corner of a 40-acre parcel of ground in an I-L zone for Ronald Van Auker located at 2170 West Franklin Road: ~oV'<.-- G. Resolution No. tJ 2 - :J9Z- Approving Fee Increase for Meridian Parks and Recreation Department for Adult Fall Sports programs: ~ ~ v..t:..- H. Meridian Settlers Park Change Order No. 6 - American Paving for $8568.00: Ctf')9 {'1!> VVL- I. Approve Beer License Application for Primo's located at 3909 East Fairview Avenue, Suite 150: ~V\o<-- J. Blood Draw Aareement with Ada County for Blood Draw Services for Evidentiary Purposes: ~ovvc- K. Ashford Greens Subdivision No.6 Streetlight Agreement Brighton Corporation: arPr??v-..- L. Sewer Service Reimbursement Agreement, White Drain Sewer Trunk Project - Briahton Corporation, Heritage Commons Subdivision (Quenzer Commons): at7Yo V'-<-- M. Award of Construction Contract, South Slouah Water and Sewer Project: tt"~ \Il..L N. Agreement for Professional Services, Well No. 24 Pumping Facilities - Civil Survey Consultants: tVJ~VV<:- O. Addendum to Professional Services Agreement, Well No. 23 Pumping Facilities - Civil Survey Consultants: fi{?f'Y?-' vu:-- P. Approve Bills: tt/~ v-.f.. 5. Department Reports A. Mayor Corrie: 1. Appointment to Planning and Zoning Commission: l7liclt.Cl.ef I<Cllthv - ~f'fY1'v.e- rlt~a lc.eveJt.-JAre(7ve- 2. Appointments to Parks and Recreation Commission: 3. Appointment to Meridian Development Corporation: /<el'"r A-;S/ /.- d- - a I,!,Y'(J v-<- Meridian City Council Agenda- October 1, 2002 Page 2 on All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 8. 9. 10. 11. ( 6. (Items Moved from Consent Agenda) - /1-Oh€- 7. FP 02-020 Request for Final Plat approval of 73 building lots and 4 other lots on 21.59 acres in an R-8 zone for Sundance Subdivision No.2 by Briggs Engineering - northeast corner of North Meridian Road and East Ustick Road: \ c:v~!J f-e, I' /'e.p IVl.L c9 /.() -fV-.- a-p;rro vcr...f..- Public Hearing: MI 02-008 Request for approval to construct a temporary private road for the construction of Phase 1 of Fairview Lakes by Hopkins Financial Services, Inc. -: 824 East Fairview Avenue: af'hrn..e-tj fo pNjJ/Vt.e -PI? f c l,e m ~f?~ V'~ Public Hearing: RZ 02-002 Request for a rezone of 1.52 acres from R- 4 to L-O zones for the Holv Nativity Episcopal Church by the Holy Nativity Episcopal Church - 1021 West 8th Street: kHlr~tj ft; ;?y€jJet-U -flf f elf fin- ~1';rrJ)V~ Public Hearing: AZ 02-017 Request for annexation and zoning of 5.41 acres from M-1 to I-L zones for Ronald Yanke property by Ronald Yanke and Walter -T. Sigmont Jr. - northwest corner of East Franklin Road and North Eagle Road on East Lanark Street: a ~cy fo fJY1epCiA.f!. f'/? -I c l..e ~ t'~FY7?~ Public Hearing: AZ 02-018 Request for annexation and zoning of 5 acres from RUT to L-Q zones for Bair Property Annexation by Donn Reiswig - 3975 East Franklin Road: .. ~ af'~1 -I-P r~t//IA- ..(/1' f c/~ .fVL aj?p-Yot/ Meridian City Council Agenda ~ October 1, 2002 Page 3 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. October 11 , 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST October 15, 2002 ITEM NO. Approve minutes of October 1, 2002 City Council Regular Meeting: o~1l AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORN EY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRJCT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANJTARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS .,rU tvrr Date: Phone: Materials presented at public meetings shail become properly of the City of Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 1, 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. Promotion .Ceremony for Meridian Police Department Corporals by Chief Worley: 4. Consent Agenda: A. Approve minutes from September 10, 2002 Pre-Council Meeting: Approve B. Approve minutes from September 17, 2002 City Council Regular Meeting: Approve C. Findings of Fact and Conclusions of Law: 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 D. Findings of Fact and Conclusions of law: CUP 02-014 Request for a Conditional Use Permit for a Planned Unit Development for a commercial building site in a proposed C-G zone and a 192 unit residential apartment complex in a proposed R-40 zone for the proposed Fairview lakes by Hopkins Financial Services, Inc. - 824 East Fairview Avenue: Approve E. Findings of Fact and Conclusions of Law: CUP 02-019 Request for Conditional Use Permit for an office and shop for transmission service and repair in a C-G zone for Bobby's Transmission by Treasure Valley Engineers - south of 835 East Fairview Avenue: Approve Meridian City Council Agenda - October 1,2002 Page I of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at leasl48 hours prior to the public meeting. F. Findings of Fact and Conclusions of Law: VAR 02-014 Request for a Variance to permit splitting off a 12-acre parcel in the southeast corner of a 40-acre parcel of ground in an I-L zone for Ronald Van Auker located at 2170 West Franklin Road: Approve G. Resolution No. 02-392 : Approving Fee Increase for Meridian Parks and Recreation Department for Adult Fall Sports programs: Approve H. Meridian Settlers Park Change Order No. 6 - American Paving for $8568.00: Approve I. Approve Beer License Application for Primo's located at 3909 East Fairview Avenue, Suite 150: Approve J. Blood Draw Agreement with Ada County for Blood Draw Services for Evidentiary Purposes: Approve K. Ashford Greens Subdivision No.6 Streetlight Agreement - Brighton Corporation: Approve L. Sewer Service Reimbursement Agreement, White Drain Sewer Trunk Project - Brighton Corporation, Heritage Commons Subdivision (Quenzer Commons): Approve M. Award of Construction Contract, South Slough Water and Sewer Project: Approve N. Agreement for Professional Services, Well No. 24 Pumping Facilities - Civil Survey Consultants: Approve O. Addendum to Professional Services Agreement, Well No. 23 Pumping Facilities - Civil Survey Consultants: Approve P. Approve Bills: Approve 5. Department Reports A. Mayor Corrie: 1. Appointment to Planning and Zoning Commission: 2. Appointments to Parks and Recreation Commission: 3. Appointment to Meridian Development Corporation: Meridian City Council Agenda - October 1,2002 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. (Items Moved from Consent Agenda) 7. FP 02-020 Request for Final Plat approval of 73 building lots and 4 other lots on 21.59 acres in an R-8 zone for Sundance Subdivision No.2 by Briggs Engineering - northeast corner of North Meridian Road and East Ustick Road: Attorney to Prepare Order of Decision for Approval 8. Public Hearing: MI 02-008 Request for approval to construct a temporary private road for the construction of Phase 1 of Fairview Lakes by Hopkins Financial SeNices, Inc. - 824 East FaiNiew Avenue: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 9. Public Hearing: RZ 02-002 Request for a rezone of 1.52 acres from R- 4 to L-Q zones for the Holy Nativity E~iscopal Church by the Holy Nativity Episcopal Church - 1021 West 8t Street: Attorney to Prepare Findings o~ Fact and Conclusions of Law for Approval 10. Public Hearing: AZ 02-017 Request for annexation and zoning of 5.41 acres from M-1 to I-L zones for Ronald Yanke property by Ronald Yanke and Walter T. Sigmont Jr. - northwest corner of East Franklin Road and North Eagle Road on East Lanark Street: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 11. Public Hearing: AZ 02-018 Request for annexation and zoning of 5 acres from RUT to L-Q zones for Bair Property Annexation by Donn Reiswig - 3975 East Franklin Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda - October], 2002 Page 3 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please con!act the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. { Meridian City Council Meetina October 1. 2002 The Regular Meeting of the Meridian City Council was called to order at 7:05 P.M., on Tuesday, October 1, 2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie McCandless and William Nary. Others Present: Bill Nichols, Mike Worley, Brad Hawkins-Clark, Gary Smith, Brad Watson, Ken Bowers, Dean Willis and Will Berg. Item 1. Roll-call Attendance: Roll call. X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: I want to wefcome everybody here this evening. At this time I will open the Meridian City Council Regular Meeting for Tuesday, October the 1st, 2002, at 7:05 P.M. The first item of business is the roll call attendance by the City Clerk. Mr. Berg, if you will do that, please. Item 2. Adoption of the Agenda: Corrie: Okay. The second on our agenda is the adoption of the agenda. Is there any additions or corrections to the adoption of the agenda? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve the adoption of the agenda as published. McCandless: Second. Corrie: Motion has been made and seconded to approve the adoption of the agenda as published. Any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 3: Promotion Ceremony for Meridian Police Department Corporals by Chief Worley: Meridian City Council Meeting October 1, 2002 Page 2 of 20 Corrie: At this time we will have the promotion ceremony for the Meridian Police Department corporals by Chief Worley. Chief. Worley: Thank you, Mr. Mayor and Council. If I could have the six promotees come forward. I'd like to thank all of the supporters that came tonight to witness this. This is a significant event for not only these six men, but for the Meridian Police Department. It represents another milestone in our continued development. I would like to acknowledge one special guest who has contributed a great deal to this city in the past. In the audience is the former chief of police of Meridian Doug Nichols, who was the chief from 1980 to 1985. Doug, if you could stand up a minute. Thank you for coming. The corporal rank is a new rank that we are just instituting. It falls just below sergeant, who is the first line supervisor and the corporal rank will afford two opportunities. One, it provides us a specifically designated assistant supervisor for helping to manage each patrol team and to also a specifically designated individual to act as a patrol supervisor when a particular sergeant is gone. Secondly, it also affords an opportunity for these individuals to develop their skills as supervisors, so that they may move on up in the department and one day take increasing responsibility and charge of the department. We appreciate their efforts, their interest in stepping forward. We did have ten officers who tested for this position. It was a competitive test, an assessment center where they actually have to perform in simulated situations that they may face as supervisors and these six before you were the top candidates in that area. I'd like to introduce them. If they can step forward just a minute. Corporal Stacy Arnold. Stacy grew up in the Boise area and graduated from Capital High School in 1987. He served two years in the U.S. Army and then joined the Emmett Police Department in 1995. He served there until December of 2000, when he joined the Meridian Police Department. Stacy is a firearms instructor, a field-training officer, and also teaches arrest techniques and handgun retention. Stacy, if you would like to introduce the people who are here to support you. Arnold: I'd like to introduce Sandy Coral. Worley: Thank you for coming. Corporal Jake Nichols. Jake graduated from Meridian High School in 1991, joined the Meridian Police Reserve in 1995, and went full time in December of 1996. He's a field-training officer, an emergency vehicle operations instructor, and currently handles one of the department's K-9 units. He has been married to Laura for nine years. They have two children, Wyatt and Abby, and they are expecting their third in November. He enjoys hunting and backpacking and Jake also serves as the president of the Treasure Valley Hope for Chernobyl's Children Organization. He is also former Chief Doug Nichols' son. Nichols: I'd like to introduce my wife Laura, my son Wyatt, my daughter Abby and also my mother and father-in-law Joanne and Bruce Rieman. Then, of course, my father Doug Nichols. Worley: Corporal Matt Parsons. Matt moved from Oregon to Idaho in 1985. He graduated from Mountain Home High School in 1989, was a reserve officer for the Meridian City Council Meeting October 1, 2002 Page 3 of 20 Mountain Home Police Department, and in 1991 was hired as a police officer in Glenn's Ferry. In 1994, Matt was made the Chief of Police of Glenn's Ferry and if I could step aside here. Another unique factor which is -- I think speaks well of the Meridian Police Department, we currently have five former police chiefs, who have been chiefs of smaller departments, who are now working for the Meridian Police Department and Matt is one of those. I think that speaks very well that we can have that level of expertise come to work here. Matt joined the Meridian Police Department in 1998. He is a graduate of the FBI Executive Command College and Northwestern University School of Police Staff and Command. Holds management and intermediate POST Certificates and he's also a certified EMT. He is married and the father of two, Christopher and Katlyn, and he enjoys camping, fishing for sturgeon, and playing paint ball with his son. Parsons: Unfortunately, my family couldn't make it tonight so the only family I have here is these guys right up here. Worley: Okay. Thank you. Corporal Jeff Pippin. Jeff has been an Idaho resident since 1976. Graduated from Meridian High School in 1981 and attended Boise State. He also attended Bellevue Community College in Seattle, where he met his wife Leslie, and he also received an associate degree in pre-med. He moved to the Dallas area and pursued a Criminal Justice Degree, graduating from North Texas Police Academy in 1992 with honors and as the class president. He was employed by the Maypearl and Lewisville Police Departments, which are in the Dallas area, before returning to Meridian in 1998. He has worked in Meridian as a detective, a crime scene investigator, on bicycle patrol, and as a field-training officer. He has been married for 14 years and has two children, Heather and Jessica. Pippin: I'd like to introduce my wife Leslie, my daughters, the oldest one Heather and my youngest Jessica, my mom Doris Blakely and my grandmother Robbie Blakely that are able to be here and I appreciate their support. Worley: Corporal Myron Severson. Myron graduated from Nampa High School and attended NNC and Boise State. He then owned a Baskin Robbins franchise for a period of time and joined the Marine Corps in 1986 and was called to Desert Storm in 1991. He has been in the Marine Corps reserve for 16 years and currently holds the rank of chief warrant office three. He was employed by the Caldwell Police Department in 1992 and promoted to the rank of corporal there in 1997. In 2000 -- April of 2000 he came to the Meridian Police Department and has worked patrol since that time. Severson: I'd like to introduce my wife Crystal and my two little girls Kala and Kelsie and my wife and mother, too. Worley: Corporal Eric Strolberg. Eric grew up in the Twin Falls and Pocatello areas and came to Meridian in 1997, graduated from Meridian High School in 1989. He served in the U.S. Coast Guard from 1999 to 1993 and holds an associate's degree in criminal justice administration from Boise State. He began as a Meridian police reserve in 1994 and came on full time in '95. He is a field training officer, firearms, and use of Meridian City Council Meeting October 1, 2002 Page 4 of 20 force instructor and he also teaches these subjects at the Police Officers and Standards Training Academy. He's been a member of the Governor's Hand Pistol Competition since 1997. His wife Shelly is a detective with the Ada County Sheriff's Office and they have two children, McKenna and Carly. In his off time, he enjoys competitive shooting, hunting, fishing, camping, and spending time with his family. Strolberg: I'd like to introduce my father -- my wife Shelly, my mother Juanita, my youngest one Carly, my sister, who just happened to make it up from Pocatello today, and my oldest McKenna in the back. Thank you for your support. Worley: And thank you all for coming. Mayor Corrie, if I could have you come down and administer the oath. Corrie: Thank you, Chief. It's certainly an honor and a pleasure to give the official oath of office to this fine group of young men here tonight. (Oath given.) Corrie: Congratulations, guys. Worley: Thank you, Mayor. There are a lot of memories in an event like this, but we like to create a memory that the officer can carry with him every day and that is the first time the badge is officially pinned on. Each of the officers here has selected someone to do that first badge pinning and if those folks would come forward and pin on the badge. Mr. Mayor, Members of the Council, citizens of Meridian, I'd like to present the newest members of the Meridian Police Department supervisory team, Corporal Eric Strolberg, Corporal Myron Severson, Corporal Jeff Pippin, Corporal Matt Parsons, Corporal Jake Nichols, and Corporal Stacy Arnold. Item 4. Consent Agenda: A. Approve minutes from September 10, 2002 Pre-Council Meeting: B. Approve minutes from September 17, 2002 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law: 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: D. Findings of Fact and Conclusions of Law: CUP 02-014 Request for a Conditional Use Permit for a Planned Unit Development for a commercial building site in a proposed C-G zone and a 192 unit residential apartment complex in a proposed Meridian City Council Meeting October 1, 2002 Page 5 of 20 R-40 zone for the proposed Fairview Lakes by Hopkins Financial Services, Inc. - 824 East Fairview Avenue: E. Findings of Fact and Conclusions of Law: CUP 02-019 Request for Conditional Use Permit for an office and shop for transmission service and repair in a C-G zone for Bobbv's Transmission by Treasure Valley Engineers - south of 835 East Fairview Avenue: F. Findings of Fact and Conclusions of Law: VAR 02-014 Request for a Variance to permit splitting off a 12-acre parcel in the southeast corner of a 40-acre parcel of ground in an t-L zone for Ronald Van Auker located at 2170 West Franklin Road: G. Resolution No. Approving Fee Increase for Meridian Parks and Recreation Department for Adult Fall Sports programs: H. Meridian Settlers Park Change Order No.6 - American Paving for $8568.00: I. Approve Beer License Application for Primo's located at 3909 East Fairview Avenue, Suite 150: J. Blood Draw Agreement with Ada County for Blood Draw Services for Evidentiary Purposes: K. Ashford Greens Subdivision No.6 Streetlight Agreement - Brighton Corporation: L. Sewer Service Reimbursement Agreement, White Drain Sewer Trunk Project - Brighton Corporation, Heritage Commons Subdivision (Quenzer Commons): M. Award of Construction Contract, South Slough Water and Sewer Project: N. Agreement for Professional Services, Well No. 24 Pumping Facilities - Civil Survey Consultants: O. Addendum to Professional Services Agreement, Well No. 23 Pumping Facilities - Civil Survey Consultants: P. Approve Bills: Meridian City Council Meeting October 1, 2002 Page 6 of 20 Corrie: Okay. Council, we will continue with the regular meeting tonight, have the Item Number 4, the Consent Agenda and Item G, the Resolution Number is 02-392 for your filling in. The Council and the Counselor - Counsel, Police Department, have reviewed the Draw Agreement and they find it satisfactory, the same as it was before. Any other questions that you might have? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: No questions? I would move that we approve the Consent Agenda as published and to have the Mayor sign and the Clerk to attest and all proper papers as needed. McCandless: Second. Corrie: Motion has been made and seconded to approve the Consent Agenda. Is there any further discussion? Hearing none, we have the roll-call vote, please, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES Item 5. Department Reports: A. Mayor Corrie: 1. Appointment to Planning and Zoning Commission: 2. Appointments to Parks and Recreation Commission: 3. Appointment to Meridian Development Corporation: Corrie: Item Number 5 is department reports. At this time, I do have some appointments to give to the Council for their approval. For the appointment to the Planning and Zoning Commission, I talked with each one of the candidates and also Keith Borup, who is the head of the Planning and Zoning Commission, and we have come up with the agreed person. The appointment is Michael Roam. You all have the resume of Mr. Roam with you. Do you have any questions? Okay. I think we will take these one at a time, so if anybody has no objections, I will entertain a motion to either approve or disapprove of the recommendation of Michael Roam. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Councii Meeting October 1, 2002 Page 7 of 20 Bird: I move that we approve Michael Roam for the Planning and Zoning Commission. Nary: Second. Corrie: Okay. Motion has been made and seconded to approve the appointment of Michael Roam for the Planning and Zoning Commission seat. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no? Motion is carried. MOTION CARRIED: ALL AYES Corrie: For the Parks and Recreation appointments, I have two people that I would like to reappoint to that commission. It is Greg Steele and Debbie Watkins. Their terms are up this year and they would like to be reappointed. I talked with them and I concur with that. The new appointment for the Parks and Rec Division is Ryan Riley and Shaun Wardle. And you have those resumes in front of you as well. So if there are any questions on those two appointments? Oh, excuse me. Those four. Bird: Do you want to ~o them as a group? Corrie: We can do them as a group if you'd like or you can do it -- it would probably be easiest, unless you have any objection. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we reconfirm Craig Steele and Debbie Watkins and appoint Ryan Riley and Shaun Wardle to the Parks and Recreation Commission. De Weerd: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Berg: Mr. Mayor, I do have a question for you. Corrie: Yes. Berg: As to what seat, which ones they are replacing, so we can make sure we keep them in order. Corrie: I will give you that. I don't have it with me, I'm sorry, but I have it in my office, so I will give it to you in the morning. Berg: Keep the line going. Meridian City Council Meeting October 1, 2002 Page 8 of 20 Corrie: And I have got all of that. Okay. I will make that available to you. Okay any further discussion? All those in favor of the reappointments say aye. Opposed no. Motion carried. MOTION CARRIED: ALL AYES. Corrie: The last, but definitely not least, is the appointment to the Meridian Development Corporation. We have two seats available. One has said that he would like to go off it. I don't have a replacement for them yet, but I do have the one other seat, Seat Number 6, Mr. Keith Bird has agreed to be reappointed to that Meridian Development Corporation, which is a very important seat with us in the City of Meridian. That will be for a three-year term, which will expire in 2005. Are there any questions on that? Hearing none, I will entertain a motion, then, to either accept -- actually to accept -- and I will ask Mr. Bird not to -- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Mayor, I would move to accept the reappointment of Councilman Bird to the Meridian Development Corporation for the term of three years. McCandless: Second. Corrie: Okay. Motion has been made and seconded to appoint Keith Bird for the term of the Meridian Development Corporation, a term of three years. Any further discussion? Hearing none, all those in favor say aye? All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSTAINED Corrie: Thank you, Council. I will be getting to you one more time for the other seat as soon as we can make arrangements for that. There is one more seat available. Item 6. (Items Moved from Consent Agenda) Corrie: Item Number 6 is items moved from the Consent Agenda. There were none. Item 7. FP 02-020 Request for Final Plat approval of 73 building lots and 4 other lots on 21.59 acres in an R-8 zone for Sundance Subdivision No.2 by Briggs Engineering - northeast corner of North Meridian Road and East Ustick Road: Corrie: So Item Number 7 is the FP 02-020, request for Final Plat approval of 73 building lots and 4 other lots on 21.59 acres in the R-8 zone for Sundance Subdivision NO.2 by Briggs Engineering, northeast corner of North Meridian Road and East Ustick Meridian City Council Meeting October 1, 2002 Page 9 of 20 Road. At this time, I would like to have staff comments for the requested Final Plat approval. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. First of all, apologies. Apparently we have a loose cable up in our ceiling, so unless you'd like me to climb up there and wiggle it to see if we can get a screen tonight. Corrie: Would you do that? Bird: So moved. Corrie: We will get a rickety ladder, too. No. Go right ahead. Hawkins-Clark: My apologies, I don't -- apparently, it was working a couple days ago, so we will have to get that fixed. We will go back to pre-2000 format of City Council hearings. This is Item Number 7, Sundance Subdivision No.2. The Council has before you a September 23rd memo from Dave McKinnon and Bruce Freckleton that has the staff recommended conditions. There are -- that is the second phase of a multi-phased subdivision. The project does have a Planned Developmental associated with it. The only change I think -- we have received comments back from Becky Bowcutt, who is representing the applicant, and they have stated -- she has stated in her memo dated September 29th, that they are in agreement with all of the staff's recommended conditions. I think the only change addressing our additional consideration on Page 2 of our report the Planned Development was approved with a basketball court lot and a gazebo as their amenities. That's in a private park that's located more or less in the central area of the subdivision. They have approached staff and proposed a modification to that amenity feature of their subdivision. They are now proposing a pool with a children's play area and a few off-street parking stalls that would be accessed off of the local street that's interior to the subdivision. There is also a small community clubhouse area with a restroom and a mechanical room. Staff has reviewed that. We are simply asking that they submit a certificate -- for a Certificate of Zoning Compliance, we have a chance to review all the details on that new parking lot and the layout of the pool and that it has fencing and things like that. I think the only other issue that was addressed was there is a 20-foot wide sewer easement that cuts through the center of their common lot. Typically, the Public Works Department requires a minimum 14-foot wide access road over those sewer easements. In this case there is no manhole actually within the common lot. Bruce Freckleton did review that and said that as long as they don't have to access a manhole that the 14-foot wide solid paved surface would not be necessary. The applicant certainly doesn't want to have that 14-foot wide strip cutting across the middle of the lot. It kind of refers back to a meandering pathway, which is as they approve. The only thing that Ms. Bowcutt mentioned tonight was they do potentially still have Ada County Highway District, who may ask for vehicular access to get to the stormwater area, which is depicted on the site plan there just close to the pool. If the Highway District comes back and says we want to be able to get our vehicles into our stormwater maintenance area, we may need to be flexible. Staff's recommending that -- either that they have the common lot approved as is or if the Meridian City Council Meeting October 1, 2002 Page 10 of 20 Highway District requires access, that it be a grass creet form of design to support their vehicles and not a hard surface pathway. [think other than that, just ask that you incorporate our recommendations. Thanks. Corrie: Thank you, Brad. Any questions or comments from Council? Bird: I have none. Corrie: Okay. Becky, anything different? Okay. Okay. Council, do you have any other questions? Bird: I have none. Corrie: Okay. ['II entertain a motion, then, for the request for Fina[ Plat approval. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move the approval of FP 02-020, the request for Final Plat approval of 73 building lots and four other lots on 21.59 acres in an R-8 zone for Sundance Subdivision by Briggs Engineering. To include all staff comments of September 23, 2002, as well as [ guess all comments provided by Ms. Bowcutt, willing to comply with all the conditions set out by the staff and for counsel to prepare Findings of Fact and Conclusions of Law and Decision and Order to that effect. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the Fina[ Plat with all the verbiage that I'm not going to repeat. It's not necessary. Any further discussion? Hearing none, roll-call vote, Mr. Berg Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion is carried. MOT[ON CARR[ED: ALL AYES. Item 8. Public Hearing: MI 02-008 Request for approval to construct a temporary private road for the construction of Phase 1 of Fairview Lakes by Hopkins Financia[ Services, Inc. - 824 East Fairview Avenue: Corrie: Item Number 7 -- 8, excuse me, is a Public Hearing. This is MI 02-008, request for approval to construct a temporary private road for the construction of phase one of Fairview Lakes by Hopkins Financial Services, Inc., 824 East Fairview Avenue. At this time I will open the Public Hearing. I will have the staff comments first, then we will hear Meridian City Council Meeting October 1, 2002 Page 11 of 20 from the requestant at this point, and then -- we will have five minutes maximum and then we will have any other Public Hearing people that want to testify have three minutes. So at this time, Brad, staff. Hawkins-Clark: Thank you, Mayor, Members of the Council. On your Consent Agenda this evening you did approve Items C and D, which are the FailView Lakes annexation request and a FailView Lakes Conditional Use Permit. One of the conditions on the Conditional Use Permit was that the applicant submits a miscellaneous application to our department for a private street. As you may recall, as a part of the Conditional Use Permit, to access their proposed apartment complex, which is on the northern nine acres of their project, that's going to require a plat, typically, for a public street. In order for them to move ahead on this, rather than wait for the plat, they are required by ordinance to do a private street, which requires City Council approval. We have submitted a September 24th memo with some recommended conditions, primarily that they do construct it to ACHD standards, so that when they come through with the plat in the future, that that street can at that point be dedicated to the Highway District and be constructed to their design. We are asking for a blanket easement for sanitary sewer and water and the other standard conditions for private streets. That's all I have. Corrie: Okay. Thank you. Any questions from Council? Bird: I have none. Corrie: Okay. Is the applicant here this evening? Tamura: Mr. Mayor, Members of the -- Corrie: Raise your right hand, please. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Tamura: I do. Corrie: Okay. Name and address, please, for the record. Tamura: Mr. Mayor, Members of the Council, my name is Doug Tamura, 499 Main Street, Boise, Idaho, and I represent Hopkins Financial and we are just here to agree on your recommended conditions of approval. Corrie: Okay. Thank you. Is there anyone else from the public that would like to issue testimony in this request? Okay. Hearing none, Council, any other questions on the Public Hearing? Bird: I have none. Corrie: Okay. Then I will entertain a motion to close the Public Hearing on the request for approval. Meridian City Council Meeting October 1, 2002 Page 12 of 20 McCandless: So moved. Corrie: Okay. De Weerd: Second. Corrie: Okay. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Any further discussion by Council? Hearing none, I will entertain a motion, then, for the request of MI 02-008. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve MI 02-008, the request for approval to construct a temporary private roaa for the construction of phase one of Fairview Lakes by Hopkins Financial Services, Incorporated, 824 East Fairview Avenue, to incorporate staff's recommendations and show that the applicant agreed to them and for the attorney to draw up the proper papers. Corrie: Do I hear a second? Nary: Second. Corrie: Motion has been made and seconded for approval of the request. Any further discussion? Roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 9. Public Hearing: RZ 02-002 Request for a rezone of 1.52 acres from R- 4 to L-O zones for the Holv Nativitv Episcopal Church by the Holy Nativity Episcopal Church - 1021 West 8th Street: Corrie: Item Number 9 is Public Hearing RZ 02-002. This is a request for a rezone of 1.52 acres from R-4 to L-O zone for the Holy Nativity Episcopal Church by the Holy Nativity Episcopal Church, 1021 West 8th Street. Bird: Mr. Mayor? Meridian City Council Meeting October 1, 2002 Page 13 of 20 Corrie: Mr. Bird. Bird: I'd like to state that this applicant's property is right across the road from me. I live at 1022 West 8th. Council, if you so desire, I will step down. I don't believe I have any preconceived ideas. De Weerd: Are they paying you? Corrie: Is there any objection to the Council if Mr. Bird stays? Nary: No objection. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: Also, for public record, I will state that I am a member of this Holy Nativity Church and if Council would like me to step down for any reason. Bird: Just take money out of your pocket to build it. I have no objection. Nary: No objection. Corrie: No objections? De Weerd: You need to increase your thing. Corrie: You may stay. Okay. Staff comments first. Hawkins-Clark: Mr. Mayor, Members of the Council, the P&Z Commission has reviewed their application and a recommendation has been submitted to you. The Commission has several site specific requirements. The applicant stated in their application that it mainly wants to rezone -- since churches are permitted outright in that zone, rather than a nonconforming use, so this would make them a conforming use. In addition, they are considering some potential future uses, of which limited office would be a more appropriate zone. For example, day cares and things like that, rather than the residential zone that they currently got grandfathered in with. It is completely surrounded by residential property, some of which is higher density. So staff reviewed it and our findings were that the office zone would be appropriate in that location. We have simply recommended and the Commission has in their recommendation that the site be brought into compliance with all current ordinances as part of any future development or expansion, so it would not affect them in their current setup. We have recommended that they be given a period of six months to reduce their three existing signs that are on the property to one. I believe that's the only condition that doesn't -- isn't tied to future development, it's tied to a time period. Thanks. Meridian City Council Meeting October 1, 2002 Page 14 of 20 Corrie: Thank you. Any questions of staff, Council? Bird: I have none. Corrie: Okay. Is there anyone from the public -- is the applicant here this evening? Raise your right hand, please. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Avera: Yes. Corrie: Name and address, please, for the record. Avera: Janice Avera at 947 East S1. Martin Drive in Meridian. Forgive me, I have not been before the City Council before and if I can answer any questions, although staff did a pretty complete presentation. Corrie: Any questions? De Weerd: I have none. Bird: You have no problems with the six months on the sign? Avera: No. In fact, I'm the one who asked for it to be six, instead three, and P&Z said, well, they could give on that and so -- and we don't have any problems with any of the recommendations as it currently stands. Corrie: Okay. Avera: Thank you. Corrie: Thank you. Is there anyone else that would like to issue testimony? Okay. Hearing none, Council has any other questions on Public Hearing? If not, I'll entertain a motion to close the Public Hearing on RZ 02-002. De Weerd: So move. Bird: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Any further discussion? Hearing none, I'll entertain a motion on the request for rezone. Meridian City Council Meeting October 1, 2002 Page 15 of 20 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move the approval of RZ 02-002, the request for rezone of 1 .52 acres from an R-4 to an L-O zone for the Holy Nativity Episcopal Church by the Holy Nativity Episcopal Church at 1021 West 8th Street, to include all staff comments, as well as comments that the applicant be in compliance with all staff concerns and conditions, that our counsel prepare Findings of Facts and Conclusions of Law and Decision and Order that goes with the rezone request. That's it. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 10. Public Hearing: AZ 02-017 Request for annexation and zoning of 5.41 acres from M-1 to I-L zones for Ronald Yanke property by Ronald Yanke and Walter T. Sigmont Jr. - northwest corner of East Franklin Road and North Eagle Road on East Lanark Street: Corrie: Item Number 10 is a Public Hearing. This is AZ 02-017, request for annexation and zoning of 5.41 acres from M1 to I-L zone for Ronald Yanke property by Ronald Yanke and Walter T. Sigmont, Jr., northwest corner of East Franklin Road and North Eagle Road on East Lanark Street. At this time I will open the Public Hearing and invite staffs comments first. Hawkins-Clark: Mayor, Members of the Council, again, the Planning and Zoning Commission has reviewed this application, it's four lots that are a part of the Olson-Bush industrial subdivision right off of Eagle Road on the west side. Two of those lots are already in the city limits. Wheel City is one of those. This request is to bring the remainder of the lots in the Olson-Bush Number 1 Subdivision into the city limits. There are existing utilities to the parcels. There are buildings on all but two, I believe, of the lots. The recommendation you should have received from Planning and Zoning Commission. I don't believe there are any issues of disagreement to point out. The applicant did request that the staff prepare this application, which we did, and it was noticed accordingly and, otherwise, I think all of the recommended conditions are clear on this one. Thanks. Meridian City Council Meeting October 1, 2002 Page 16 of 20 Corrie: Okay. Thank you, Brad. Is the representative from the request for annexation and zoning here this evening? Okay. Any questions of staff? Bird: I have none, Mayor. Corrie: Okay. I will entertain a motion to close the Public Hearing, then, on the request for annexation and zoning. McCandless: So moved. Nary: Second. Corrie: Motion has been made and seconded to close the Public Hearing on Item Number AZ 02-017, Ronald Yanke property. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Any further discussion? Hearing none, I will entertain a motion on the request for annexation and zoning for the Ronald Yanke property. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve AZ 02-017, the request for annexation and zoning of 5.41 acres from M-1 to l-L zones for Ronald Yanke property by Ronald Yanke and Walter T. Sigmont, Jr., northwest corner of East Franklin Road and North Eagle Road on East Lanark Street and to incorporate the staff comments and recommendations and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision and Order. McCandless: Second. Corrie: Okay. Motion has been made Mr. Bird, seconded by Mrs. McCandless, for the request for annexation affirmative of the AZ 02-017. Any further discussion? Roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. Motion approved. MOTION CARRIED: ALL AYES. Meridian City Councll Meeting October 1, 2002 Page 17 of 20 Item 11. Public Hearing: AZ 02-018 Request for annexation and zoning of 5 acres from RUT to L-O zones for Bair Property Annexation by Donn Reiswig - 3975 East Franklin Road: Corrie: The last item on the agenda is Public Hearing AZ 02-018, request for annexation and zoning of five acres from RUT to L-O zones for Bair Property Annexation by Donn Reiswig, 3975 East Franklin Road. At this time I will open the Public Hearing and staff comments. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. The application is one that you are all familiar with, the Touchmark Living Center project. This is an enclave piece that fronts on Franklin Road. It is more or less surrounded by the Touchmark project. The applicant is proposing to utilize the property for a temporary trailer. The property was not included in the application, because at that point it was under separate ownership when the Touchmark Living Center slash Waterford came through the city a few years ago. Touchmark has since acquired the property and they do intend to add this property to their permanent development. They have had discussions with staff about a revised conc~pt plan for the overall 130 plus acre project, so that has been discussed with staff. We have reviewed their application and we have made some comments on the actual layout of how they want to utilize the five acres. It's not necessarily tied to the annexation and zoning, but we are recommending a modification to the development agreement. The recommendation that you received from Planning and Zoning Commission, I would just recommend one modification. That's on Page 2, Item 2, and it states that the current Development Agreement for Touchmark Living Centers must be amended to include the subject property. I would just, I guess, add in there that the amendment should include the new legal description and should be modified prior to formal annexation, since Development Agreements can only be attached to annexations for rezones. We would want to make sure that that gets done as part of this process. Otherwise, I believe all of the conditions are clearly listed there on Page 2 and 3 of the recommendation and unless you have any questions, that's all I have on that one. Corrie: Okay. Any questions from Council? Bird: I have none. Corrie: Thank you, Brad. Is the applicant here this evening? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Reiswig: Yes, it is. Corrie: Name and address, please. Reiswig: Yes. My name is Donn Reiswig. I reside 3360 North Montvue Drive in Meridian, and I represent Touchmark Development as the project manager and the applicant in this case. There is one clarification that I would like to make to what he said Meridian City Council Meeting October 1, 2002 Page 18 of 20 and that is we want to use the existing residence, as it says in the staff report there, residence trailer, for the use of a temporary office and that's just until we can get our first commercial office building, which is in the process of the new development agreement and master plan and everything that is presently in process. Corrie: Okay. Any questions of Council? Bird: I have none. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: So, Mr. Reiswig, I guess the condition that I see is the recommendation related to that is the number nine. All it says is conversion of the existing single-family structure into a temporary office. Is that okay? Reiswig: Yes. Nary: Okay. Fine. Reiswig: Yes because we are going to tear this down. Nary: Yes. It just didn't refer to it as a trailer it just said structure so I thought that's probably fine. Okay. Thank you. Corrie: Thank you. Anyone else wish to issue testimony? Okay. Council, any other testimony, questions on the Public Hearing? Bird: I have none. Corrie: I'll entertain a motion to close the Public Hearing. Bird: So moved. McCandless: Second. Corrie: Motion has been made and seconded to close the Public Hearing. All in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Discussion? Hearing none, I'll entertain a motion on the request for annexation and Zoning AZ 02-018. Nary: Mr. Mayor? Meridian City Council Meeting October 1, 2002 Page 19 of 20 Corrie: Mr. Nary. Nary: I'd move the approval of AZ 02-018, the request for annexation and zoning of five acres from RUT to L-O zones for the Sair Property Annexation by Donn Reiswig, to include all staff comments and recommendations of the Planning and Zoning Commission, with the clarification, at least on the second, recommendation for the Findings of Facts and Conclusions of Law, that it's clear that the intent, including the subject property, in the development agreement, to make sure it has all the current legal descriptions as it's done prior to the annexation and ordinance being passed. Counsel to prepare all Findings of Facts and Concfusions of Law and Decision and Order as required. McCandless: Second. Corrie: Motion has been made and seconded. Any further discussion? Roll-call vote, Mr. Berg. Roll-call vote: McCan~less, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARR[ED: ALL AYES. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I think that Brad Hawkins-Clark has an announcement to make. Hawkins-Clark: Oh. Yes, [do. This fast week the Idaho Planning Association conference was held up in Moscow, Idaho, and as a part of that conference, which is an annual conference, they have a -- they have a state-wide award program. The City of Meridian's Comprehensive Plan was nominated and we did receive this p[aque, which is to the City of Meridian for an Outstanding Planning Award for a Plan. We didn't come up with a title of the award. I think it just needed to fill up the gold to make it look nice. But I was up there, received this from Jerome Mapp, who is the president of the Idaho Planning Association on behalf of the city, so just wanted to point that out and it will be hanging in our department, so come by and look at it. Corrie: Very good. Thank you, Brad. Bird: And congratu[ations to you guys. A lot of hard work on your part. Corrie: A lot of hard work on your part. I will mention that in the -- Friday, the 11th by the way. Thank you. Council, that takes care of the agenda for this evening. I will Meridian City Council Meeting October 1, 2002 Page 20 of 20 entertain a motion -- does anybody have any announcements other than that? I will entertain a motion for adjournment. De Weerd: So moved. McCandless: Second. Corrie: Okay. Allin favor say aye. MOTION CARRIED: ALL AYES. Corrie: Adjourned at 8:00 P,M. Thank you. MEETING ADJOURNED AT 8:00 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: /0 ; IF; tJ2-- DATE - -.. September 27, 2002 MERIDIAN CITY COUNCIL MEETING October 1 , 2002 APPLICANT Meridian Police Department -- Chief Worley ITEM NO. .3 REQUEST Promotion Ceremony for Meridian Police Department Corporals AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: JtJ- ~S~ ~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. JEFF PIPPIN · Idaho resident since 1976 · Graduated Meridian HS 1981 and attended BSU · Also attended Bellevue Community College - Seattle - met his wife Leslie there and received associates degree in pre-med. · Moved to Dallas and pursued CJ degree. · Graduated from North Texas Police Academy in 1992 - honors - class president · Employed by Maypearl and Lewisville PDs before returning to Meridian 1998 · Has worked as detective, CSI, bicycle patrol and FTO · Married for 14 years - two children Heather & Jessica MYRON SEVERSON · Graduated from Nampa High School in Nampa · Attended NNC and BSU for 2 years · Owned a Baskin Robbins Franchise · Joined the Marine Corps in 1986 - Desert Storm - 1991 · Marine Corps Reserve for 16 years - Chief Warrant Officer III · Caldwell City PD - 1992 - promoted to corporal there in 1997. . MPD - April 2000 ERIC STROLBERG · Grew up in Twin Falls & Pocateflo - Meridian in 1987 · Grad uated MHS 1989 . US Coast Guard 1989-1993 · Associates degree in CJA from BSU · Began as MPD reserve in 1994 and hired full time in 1995 · FTO, firearms, UOF instructor - also teaches at POST academy · Member of Governor's Ten Police Pistol competition since 1997 · Wife Shellie is detective with ACSO - two children McKenna and Carlie · Enjoys competitive shooting, hunting, fishing, camping, and spending time with famify STACY ARNOLD · Grew up in Boise area - graduated Capital 1987 · Served two years in US Army · Emmett PO 1995- Dee 2000 -7 MPD · Firearms instructor, FTO, arrest techniques, handgun retention JAKE NICHOLS · Graduated from MHS - 1991 · MPD reserve 1995 - fulltime in Dee 1996. · FTO, emerg vehicle ops instructor - currently K-9 · Married to Laura for 9 years - two children, Wyatt & Abby - expecting third child in November · Enjoys hunting and backpacking · Serves as president of Treasure Valley Hope for Chernobyl's Children MATT PARSONS · moved from Oregon to Idaho in 1985. · Mountain Home High School in 1989. · Reserve officer for Mountain Home PD -1990. · Glenns Ferry police officer - 1991 - Chief - 1994 . Meridian PO -1998 · Graduate FBI Executive Command College and North Western University School of Police Staff and Command · Management and Intermediate POST Certificates and is Certified EMT · Married and father of two - Christopher and Kaitlin. · spends his spare time camping with his family, fishing for sturgeon, and playing paintball with his son AGREEMENT NO. (;;,3'/d BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN, IDAHO l r-, TillS AGREE~' Agreement") is entered into this :;)(P day of lV~v.Jl~ J~ -t21'~~2002, b between Ad. County, . political subdivision of the State of Idaho (hereinafter referred to as "EMS"), and the City of Meridian, a municipal corporation of the State of Idaho (hereinafter referred to as " City"). WITNESSETH 'WHEREAS, .the City requires blood drawing services for the purposes of determining content of alcohol or other intoxicating substances in persons held by law enforcement authorities, pursuant to Idaho Code ~ 18-8004, or any successor statute thereto; and 'WHEREAS, EMS is an entity whose personnel are authorized to draw blood for the purposes of determining content of alcohol or other intoxicating substances, and is willing to provide such blood drawing services. NOW THEREFORE, the parties agree as follows: 1. EMS will provide necessary blood drawing services to the City on an on- call basis, 24 hours per day, seven days per week, usually within one hour. BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 1 c:\documems and settings\smit/is.meridiancity\Iocal settings\remporary internet files\olkc\blood draw meridian agmt.doc 2. The City shall request such services by notifying EMS through EMS dispatch. Notification shall not be made until such time as City personnel are ready for EMS to take the blood draw. 3, EMS will provide such blood draw services at all hospitals located in Ada County and at the Ada County Jail. 4. The City shall be required to purchase and provide Blood Draw Kits for use by EMS in drawing blood for evidentiary purposes. EMS shall not be required to provide the Blood Draw Kits. 5. The City will maintain the necessary chain of evidence by retaining visual custody and physical control of the person while blood is drawn, and will retain the chain of possession by maintaining physical control of the Blood Draw Kit and the delivery of the sealed kit to the designated lab for the desired tests. EMS will not offer instruction on the care, custody or control of the blood sample. 6. Once the blood sample has been drawn by EMS, EMS personnel shall initial the blood vials, complete any necessary forms, and shall immediately turn the sample over to City personnel. 7. EMS will not be required to perform blood analysis, nor shall EMS collect any other bodily fluids or human tissue for evidentiary purposes. 8. In performing blood draw services, under no circumstances will EMS use force upon, or assist in subduing, a subject who physically resists blood drawing. BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 2 c:\documents and settings\smiths.meridiancity\local settings\temporary internet files\oJkc\blood draw meridian agmt.doc 9. In performing blood drawing services, EMS will not discriminate against any persons on the basis of race, color, religion, sex, national origin, age; or physical handicap. 10. The City shall pay EMS One Hundred Dollars ($100.00) for each blood draw taken pursuant to this Agreement. 11, Should EMS personnel be subpoenaed to testify in any court proceeding or deposition regarding any blood draw performed pursuant to this Agreement, and should such personnel then appear in response to said subpoena, the City will pay EMS an additional Two Hundred Dollars ($200.00). If EMS personnel are subpoenaed to testify and such proceeding is vacated or cancelled with sufficient notice to allow EMS personnel to be notified of such vacation or cancellation, then no additional fee will be charged. For the purposes of this Agreement, forty-eight (48) hours notice in advance of the scheduled testimony is deemed to be sufficient notice. 12. The subpoena process shall be coordinated by the EMS Administrative Secretary. Subpoenas shall be sent to the named EMS Paramedic, in care of Ada County Emergency Medical Services, P.O. Box 140209, Boise, Idaho 83714; or shall be hand delivered to 5870 Glenwood Street, Boise, Idaho 83714, All correspondence related to blood draws, subpoenas, or court appearances shall be directed to the Administrative Secretary . BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 3 c: \documents and senings\smiths .meridiancity\local settings\temporary internet files\olkc\blood draw meridian agmt.doc 13. EMS will invoice the City on a monthly basis for services rendered in connection with this Agreement. Such invoice shall be paid by the City within thirty (30) days of receipt of said invoice. 14. Term of Agreement: The services to be performed under this Agreement shall commence on October 1, 2002, and shall terminate on September 30, 2003. The Agreement may be terminated by either party upon thirty (30) days written notice. In the event this Agreement should be terminated, EMS shall have no claim against the City other than for services due and owing up to the date of termination. This Agreement may be renewed for additional one-year terms. 15. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: The City of Meridian 33 East Idaho Ave. Meridian, Idaho 83642 Ada County EMS 5870 Glenwood Street Boise, Idaho 83714 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 16. Assignment: It is expressly agreed and understood by the parties hereto, that EMS shall not have the right to assign, transfer, hypothecate, or sell any of its rights under this Agreement except upon the prior written consent of the City. BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 4 c:\documenrs and settings\smiths.meridiancity\Jocal settings\temporary internet files\olkc\blood draw meridian agmt.doc 17. COffir>liance with Laws: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. In performing the scope of services required hereunder, EMS shall comply with all applicable laws, ordinances, and codes of federal, state, and local governments. 18. Indemnification. Defense. and Insurance: EMS understands that it is afforded certain protections pursuant to Idaho Code 9~ 18-8002(6) and (6)(a). The City, notwithstanding these protections, hereby agrees to hold Ada County and Ada County EMS, its officers, agents, and employees harmless and agrees to provide any necessary legal defense from and against all claims, liabilities, causes of action, or penalties, arising out of any requests for blood samples by law enforcement officers or any blood drawing services provided pursuant to this Agreement, including, but not limited to, claims for assault, battery, false imprisonment, and violations of constitutional or civil rights arising under the United States or Idaho Constitutions, statutory or common law; however, nothing in this paragraph shall relieve EMS from any legal liability and/or defense costs arising out of or in connection with claims for negligence in the performance of the services described herein. Ada County is a self- insured entity. 19. EMS shall be considered an independent contractor for the City, and shall retain all discretion concerning the procedures to be used to properly draw blood. As an independent contractor, EMS shall not be considered an employee of the City, and BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 5 c;\documents and settings\smiths.meridiancity\local settings\temporary internet files\olkc\bJood draw meridian agmt.doc therefore, shall not be entitled to any personnel benefits nor be subject to the provisions of the City's Personnel Policy. 20. The Agreement between the City and EMS IS independent of any employment EMS currently has with any other entity, and said entity shall not be considered a party to this Agreement and has not approved of nor consented to any of the terms or conditions set forth herem. 21. EMS hereby agrees to take all measures necessary to contmue to be so qualified during the term of this Agreement. All costs incurred in maintaining such qualifications, including, but not limited to, costs of training, testing, and licensing, if any there may be, shall be borne by EMS. If EMS either is not so qualified at the time of execution of this Agreement, or does not remain continuously so qualified throughout the term of this Agreement, EMS will be held to have materially breached this contract. 22. Entire Agreement: This Agreement constitutes the entire agreement of the parties and supersedes any and all other Agreements or understanding, oral or written, whether previous to the execution hereof or contemporaneous herewith. Board of Ada County Commissioners By: ABSENT G. p, Kingsford, Chairman L_n~ By: Sharon M. Ullman, Commissioner BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 6 c:\documents and senings\smiths.meridiancity\local settings\ternporary internet files\oIkc\blood draw meridian agmt.doc ./ By: ATTEST: )'-- ;;1 ~ . David Navarro, Ada County Clerk BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 7 c:ldocuments and settingslsmiths.meridiancitylJocaJ settings\temporary internet files\oJkc\blood draw meridian agmt.doc ATTEST: ~~ Robert Corrie Mayor of Meridian \\\\lllll1l1",A..,Mw~ 611 8/J,.~ aUfle::t 10-1-02- \11 F ~ ~~ !ffYtj: - .I T'J \" ~I 0 IfI'r::.~~_ /// ...I" ~ '\ ....7..:;., /~ ~ ... 0' fP('s:D. r"y ~ 2 ~cP ~"'l~ ~ .::: ~ 0 ~ ~ ~ City of Meridian ~" By: By: ~ UJiJ/ By: By: By: <C:. By: ATTEST: k~ BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 8 c:\documents and settings\smiths.meridiancity\local settings\temporary internet files\olkc\blood draw meridian agmt.doc BEFORE THE MERIDIAN CITY COUNCIL C/C 09-17-02 IN THE MATTER OF THE ) APPLICATION OF HOPKINS ) FINANCIAL SERVICES, THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 24.89 ACRES ) FOR PROPOSED FAIRVIEW ) LAKES, LOCATED ON THE ) NORTH SIDE OF FAIRVIEW ) AVENUE, APPROXIMATELY 1/3 ) MILE WEST OF LOCUST GROVE ) ROAD, MERIDIAN, IDAHO ) CASE NO. AZ-02-011 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on September 17,2002, at the hour of7:00 p.m., and Steve Siddoway of the 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 SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIFAIRVIEW LAKES (AZ-02-011) - Page 1 629, January 4,1994, 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 ofFairview Avenue, approximately 1/3 mile west of Locust Grove Road, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is 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 northenunost 9.10 acres as R-40, 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 Wash/Fuel 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIFAIRVIEW LAKES (AZ-02-011) - 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 of a natural and scenic feature of major importance. 9. The City Council recognizes the concerns of Wendel 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-thm 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 ZONING/FAIRVIEW 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 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 of Fairview Avenue and the commerciallindustrial roadway that extends north into the site. 4. Construct a commerciallindustrial 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 commerciallindustrial 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 roadway a minimum of 50 feet north ofFairview 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 extends north from Fairview Avenue approximately 580 feet north of Fairview Avenue, as proposed. 11. Construct a 35 foot wide driveway to extend directly north ofthe 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 commercial/industrial 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIF AIR VIEW LAKES (AZ-02-0 11) - Page 4 / I. 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. 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 commerciall 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' ofthe 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 of the 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 ofthe phasing of the project. 8. The proposed 192-unit 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: 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 ofthe 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 ofthe 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 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIFAIRVIEW LAKES (AZ-02-011) - Page 6 4. The applicant shall have to apply for a Miscellaneous Application to allow the north-south street coming off of Fairview 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. 11. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 10, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 12. It is also found that the development considerations as referenced in Finding No. 10 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is 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 FINDINUS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIFAIRVIEW LAKES (AZ-02-011) - Page 7 ( I. . development relates to and is compatible with the goals and policies of the Comprehensive Plan ofthe City as follows: 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. I OU, 2.1U, 2.4U, 3.7, 4.3U, 5.9, 5.12,5.13,5.14 Natural Resource & Hazardous Areas: 2.lU, 3.1U, 3.2U Community Deshm: 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 manner 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 adj acent 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 ZONING/FAm.VIEW LAKES (AZ-02-011) - 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 harmonious 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 zoning will 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 ofbollards 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 APPLICATION FOR ANNEXATION AND ZONING/FAIRVIEW LAKES (AZ-02-011) - Page 10 partial destruction and loss of a natural and scenic feature of major importance. Meridian City Code 12-4-8.B 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 of the 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-owned pathway in Fothergil Subdivision on Meridian Road. This section of pathway 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 mmexation 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 will 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 written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code 9 11-16 provides the City may annex real property that is within the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONINGIF AIR VIEW LAKES (AZ-02-0 11) - 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 following 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: 1.10U, 2.1U, 2AU, 3.7, 4,3U, 5.9, 5.12,5.13, 5.14 Natural Resource & Hazardous Areas: 2.1U, 3.1U, 3.2U Community Design: 1.3, 1.4, 2.1 U, 2.3U, 6.2U, 6.11 U Transportation Chapter: 1.19U, 1.14,1.18 5. The zoning of High Density Residential District (R-40), Neighborhood Business District (C-N), and General Retail And Service Commercial District (C-G), are defined in the Zoning Ordinance at S 11-7-2F, H, and K as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIFArnVIEW LAKES (AZ-02-011) - Page 12 (R-40) Hil~h Density Residential District: The purpose ofthe R-40 District is to permit the establishment of high density residential uses at a density not exceeding forty (40) dwelling units per acre. Connection to the Municipal water and sewer systems of the City is required. (C-N) Neil!hborhood 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 (as 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 ofthe City, and shall not constitute all or any part of a strip development concept. (C-G) General Retail And Service Commercial District: The purpose ofthe C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review ofthe impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring pub lie. 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 City 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 schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 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 AND ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIFAIRVIEW LAKES (AZ-02-011) - Page 13 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: 1. The applicant's request for annexation and zoning of approximately 24.89 acres in size to High Density Residential District (R-40), Neighborhood Busrness District (C-N), and General Retail And Service Commercial District (R-40), is granted subject to the terms and conditions ofthis 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 of Idaho, and shall conform to all the provisions ofthe City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de- annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIFAIRVIEW 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 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. lfthe 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 of Fairview 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 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 roadway a minimum of 50 feet north ofFairview 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 commerciallindustrial roadway approximately 345 feet north ofFairview Avenue, as proposed. 10. Construct a 22 foot driveway to intersect the commercial/industrial roadway that FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTlNG APPLICATION FOR ANNEXATION AND ZONINGIFAIRVIEW LAKES (AZ-02-011) - Page 15 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 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 commercial/industrial roadway that extends from Fairview Avenue north and is proposed to be located 50 feet north ofthe 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 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 commercial/ industrial roadway that extends north from Fairview A venue. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIFAIRVIEW LAKES (AZ-02-011) - 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 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. 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 ofthe 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 / 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 questiOlmaire 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 ofthe City Council from their Tuesday, September 17, 2002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/F AlR VIEW LAKES (AZ-02-0 11) - Page 17 ( meeting as follows: 5. The applicant shall provide a 30 foot landscape buffer along the east side ofthe 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 Fairview 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 armexation and zoning designation ofthe real property which is the subject of the application to (R-40) High Density Residential District, (C-N) Neighborhood Business District, and (C-G) General Retail And Service Commercial, and Meridian City Code 9 11-7-2. 5. Subsequent to the passage ofthe Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes ofthe official boundaries and zoning maps as provided in Meridian City Code 9 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code 9 67-6521 an affected person is a person who has an interest in real property FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIF AIRVIEW LAKES (AZ-02-0 11) - 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 ofthis decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the / 5.f;y _ day of f)c;/Bhh- ,2002. ROLL CALL COUNCILMAN KEITH Bum VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED $a....... VOTED$te VOTED-tt.-~ COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY - MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: /() -1--tJ2- VOTED MOTION: APPROV~APPROVED: Copy served upon Applicant, the Planning and Zoning Department, P~blie'~tlt.is/J),epartment and the City Attorney. ,,"'\"l Of <f$tIDil!-"-,,,.- ~ c} ""O()J:) A "",d. ~ ~ $- cPT'" -'Vfh 'V ~ ,~_ _'" S ~ <.<'() ~ By' ~Pf.r?'~Dated: /O-Z-f)Z! ~ City Clerk ~ y. f'j: ;:;, (,..1':\ q,o::: -;;. ~ '>i'A-,. '" 0'" -:." () ~"sr ls1 . ~.f ~ ""'1 ~ " /'/,," COU' ~-rV '{O """ 'I, t\J i \, \,\ Illr~, '- ~ ~ t\~'\ FINDINGS OF FACT AND CONCLUSIONS OF LAW ,,,,,;~qH. -Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGtFAlRVIEW LAKES (AZ-02-011) Z:\Work\M\Meridian\Meridian I 5360M\FAIRVIEW LAKES AZ02-011 CUP02-014\AZFtcl&Order.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIFAIRVIEW LAKES (AZ-02-011) - Page 20 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09/17/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR 192-UNIT ) APARTMENT COMPLEX IN AN R- ) 40 AND COMMERCIAL BUILDING ) SITE IN C-N AND C-G ZONES, ) LOCATED ON THE NORTH SIDE ) OF FAIRVIEW A VENUE, 1/3 MILE ) WEST OF LOCUST GROVE, ) MERIDIAN, IDAHO ) ) HOPKINS FINANCIAL SERVICES, ) INC., ) ) APPLICANT ) ) CASE NO. CUP-02-014 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on September 17,2002 at the hour of7;00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Steve Siddoway of the 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 and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 (2) consecutive weeks prior to the said public hearing scheduled for September 17, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within tlrree hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the September 17, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an R - T zone and by reason of the provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the north side ofFairview Avenue, 1/3 mile west of Locust Grove, Meridian, Idaho. 5. The owner of record of the subject property is William Curtis, 2630 East Franklin Road, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 6. Applicant is Hopkins Financial Services, Inc., 111 Auto Drive, Suite 105, Boise, Idaho. 7. The subject property is currently zoned R-T. The zoning district ofR-T is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for development ofthe lot as follows: construction of a 192-unit apartment complex in the northern portion zoned R-40 and a commercial building site for multiple commercial buildings in the southern portion zoned C-N and C-G. The R-40, C-N and C-G zoning designations 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 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: Adopt the requirements of the Planning and Zoning Commission as follows: 1. The Applicant shall be required to provide a 30' landscape buffer on the east side of the apartment complex. 2. Traffic bollards shall be erected on the south end of Teare Street where that road borders the project. (Meridian Fire Department shall have decision as to whether bollards are permanent or breakaway). 3. The Applicant shall address buffering to the south end of the Smith property on Teare Street at such time as that street is extended into the project. 4. The Applicant shall provide a miscellaneous application for the approval of a private street. Further, the north-south street (as yet unnamed) running through the project shall not be a public street until such time as the street is recorded in the final plat. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements: 1. The entire office or commercial use area proposed shall be required to apply for a conditional use permit as a planned development prior to construction. No approval is given for the conceptual design shown, only for the concept having office, bank, retail, fast food, and a restaurant on the southerly portion of the property. There have been significant changes to the concept shown, including more pedestrian walkways to connect the internal parking lots, plaza! open areas / amenities centrally located to serve future employees and customers, improving the building orientations to Fairview A venue, etc. 2. Fairview Avenue shall be fully improved (including curbs, gutter, sidewalks, landscaping, and irrigation) prior to the issuance of an occupancy permit for any building within the development, including the apartments. 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 4. Construction vehicles shall enter only from Fairview access during construction of the apartment complex. 5. No occupancy permits shall be issued within the apartment portion of the development until a final plat has been recorded for the entire Fairview Lakes development. 6. Action shall be taken to ensure that the ponds (water features) within the project do not become stagnant and that the water is circulated by either natural or mechanical means. 7. Applicant shall provide written approval, prior to applying for building permits, from the Meridian Fire Department and Ada County Highway District for the location and design of any turnaround facilities. Verify easement for all drains and ditches and provide letters from appropriate irrigation districts ten (10) days prior to City Council public hearing. 8. Provide ten (10) copies of detailed topographic contours and profiles of all pathways to the City Clerk. Pathways shall be built a minimum of five (5) feet from the top of bank and no on the down-slope. 9. Signage is not approved as submitted on the revised site plan; full details of all proposed signage shall be submitted as part of a planned sign program. 10. Mitigation is required for any existing trees that are proposed to be removed. 11. All pedestrian walkways within the development shall be a minimum of five (5) feet wide. 12. Coordinate pathway improvements and timing with Parks & Recreation Director. Pathway is to be provided to and through property, from the southeast comer to northwest comer of the property. The segment of pathway that lies within the apartment complex property shall be completed prior to issuance of a Certificate of Occupancy for any building within the complex. 13. Interior parking lot landscaping shown within the apartment complex shall be installed in accordance with the MCC 12-13 (Landscape Ordinance). All landscape planters within parking areas shall be a minimum of 50 square feet. 14. The applicant shall submit a dust mitigation plan for review and approval by the City of Meridian prior to construction of the apartment project and subsequent commercial development. Best management practices are to be followed during the construction of the project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 15. Developer shall provide a fence on the north, east, and west borders of the apartment complex site. The fence shall be cedar, six feet in height, with metal posts. 16, The developer has agreed to and shall be required to do the following: a. The landscape buffer that runs along the eastern side of the entrance road from Fainl"iew Avenue should be a minimum or 20' in width. This will allow the 10' wide hard surface path to meander within the buffer. b. 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. c. Applicant shall be required to provide a five foot buffer between the nine parking spaces to the south of Building A and the foot path. General Requirements: 1. Tile any Bxisting irrigation/drainage ditches crossing the property to be included in this project per City Ordinance (excluding Jackson Drain and possibly Settler's Canal). Show ditches to be piped on the site plans. Submit written confirmation of plan approval by the appropriate irrigation/.drainage district to the Public Works Department. 2. Remove any existing domestic wells andlor septic systems within this project from their domestic service per City Ordinance. (Wells may be used for non- domestic purposes such as landscape irrigation.) 3. Provide off-street parking in accordance with City of Meridian Zoning and Development Ordinance. 4. Pave and stripe all parking areas in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-13-4) and in accordance with Americans with Disabilities Act (ADA) requirements. 5. Submit a drainage plan designed by a State ofIdaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Enviromnental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface waters is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERl\fiT - 6 6. Design and place outside lighting so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4C and 12- 5-2M. 7. Provide signage in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited) and will be removed upon three (3) days notice to the applicant. 8. Provide five foot wide sidewalks in accordance with City Ordinance (Ord. 12-5- 2.K). 9. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 10. Assessment fees for water and sewer service shall be determined during the building plan review process. 11. All construction shall conform to the requirements of the Americans with Disabilities Act (ADA). 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. lfthe 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 of Fairview Avenue and the commercial/industrial roadway that extends north into the site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 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 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 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 ofFairview Avenue, as proposed. 10. Construct a 22 foot driveway to intersect the commercial/industrial 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 commerciaVindustrial roadway that extends from Fairview Avenue 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 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 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 Pairview 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. Adopt the recommendations of the Meridian Fire Department as follows: 1. Provide a fire flow as required by the 1997 UFC Appendix Ill-A. Show all proximity hydrants within 500' ofthe 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 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. All building uses and occupancies will have to meet the separation requirements of the Uniform Building Code. 9. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost ofthis installation is be borne by the developer. Adopt the recommendations of the Nampa & Meridian Irrigation District as follows: 1. A Land Use Change/Site Application shall be filed for the Conditional Use FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 Permit. The developer needs to contact Ms. Donna Moore, Asst. Secretary- Treasurer at 466-7861 for the Land Use Change/Site Application. 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 shall 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. 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 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. 4. The applicant shall have to apply for a Miscellaneous Application to allow the north-south street coming off of Fairview 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. 13. It is found that the subject property is large enough to accommodate the requested uses and all other required features; however, changes such as additional landscaping, may be necessary to the site plan to accommodate all required features. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 14. The Comprehensive Plan Land Use Map designates the property as "Existing Urban". The proposed mix ofresidential, commercial and office uses are harmonious with and in accordance with the Comprehensive Plan. The project meets the requirements and objectives of the Planned Development Ordinance. 15. It is found that the design concept is compatible with the existing and intended character of the area. The majority ofthe project is residential adjacent to residential and commercial adjacent to commercial. 16. It is not anticipated that the proposed project will have an adverse impact on the surrounding property. 17. It is found that the proposed development can be adequately served by the essential public facilities and services. 18. It is found that the proposed use would not be detrimental to the economic welfare ofthe community, nor would it create the need for any new facilities or services to be paid for by the public. The applicant(s) will pay for the proposed traffic light. 19. It is found that additional traffic will be brought into the area, however it is not found that the traffic produced by this development will be excessive. It is not anticipated that the development will detrimental to any persons or property by means of noise, smoke, fumes, glare or odors will result from the proposed uses and development. 20. 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. Applicant's proposal to extend the Teare Avenue stub street into the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 development is supported. There is no objection to the emergency access to Clarene Street. 21. The Jackson Drain is a scenic feature that will be affected by this project, but it has been incorporated as an amenity and will be a vital part ofthe future Park's pathway system. 22. Ada County Highway District is requiring the internal streets ofFairview Lakes to be dedicated as public rights-of-way due to the facts that Teare Avenue is being extended and a traffic signal is being constructed at this location. City Ordinance requires any dedication of public rights-of-way to be done through the subdivision platting process. 23. Parking within the residential development only allows for two parking spaces per unit, with 16 additional parking additional parking for visitors and the clubhouse area. City Ordinance requires the determination if the parking provided is adequate. Parking for the commercial uses will be determined at such time as a detailed conditional use permit is submi tted. 24. Hour of operation for the commercial development will be determined at the time ofthe detailed conditional use permit for commercial development. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions ofthe ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, 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 of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare ofthe 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 - 13 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 ofmajor importance. 5. Prior to granting a conditional use permit in the High Density Residential District (R-40), Neighborhood Business District (C-N), and General Retail And Service Commercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers ofrecord 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 conditions ofthat approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for development of the lot as follows: construction ofa 192-unit apartment complex in the northern portion zoned -40 and a commercial building site for multiple commercial buildings in the southern portion zoned C-N and C-G and located on the north side ofFairview Avenue, 1/3 mile west of Locust Grove, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 Adopt the requirements of the Planning and Zoning Commission as follows: 1. The Applicant shall be required to provide a 30' landscape buffer on the east side of the apartment complex. 2. Traffic bollards shall be erected on the south end of Teare Street where that road borders the project. (Meridian Fire Department shall have decision as to whether bollards are permanent or breakaway). 3. The Applicant shall address buffering to the south end ofthe Smith property on Teare Street at such time as that street is extended into the project. 4. The Applicant shall provide a miscellaneous application for the approval of a private street. Further, the north-south street (as yet unnamed) running through the project shall not be a public street until such time as the street is recorded in the final plat. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements: 1. The entire office or commercial use area proposed shall be required to apply for a conditional use permit as a planned development prior to construction, No approval is given for the conceptual design shown, only for the concept having office, bank, retail, fast food, and a restaurant on the southerly portion of the property. There have been significant changes to the concept shown, including more pedestrian walkways to connect the internal parking lots, plaza! open areas / amenities centrally located to serve future employees and customers, improving the building orientations to Fairview Avenue, etc. 2. Fairview Avenue shall be fully improved (including curbs, gutter, sidewalks, landscaping, and irrigation) prior to the issuance of an occupancy permit for any building within the development, including the apartments. 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 4. Construction vehicles shall enter only from Fairview access during construction of the apartment complex. 5. No occupancy permits shall be issued within the apartment portion of the development until a final plat has been recorded for the entire Fairview Lakes development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 6. Action shall be taken to ensure that the ponds (water features) within the project do not become stagnant and that the water is circulated by either natural or mechanical means. 7. Applicant shall provide written approval, prior to applying for building permits, from the Meridian Fire Department and Ada County Highway District for the location and design of any turnaround facilities. Verify easement for all drains and ditches and provide letters from appropriate irrigation districts ten (10) days prior to City Council public hearing. 8. Provide ten (10) copies of detailed topographic contours and profiles of all pathways to the City Clerk. Pathways shall be built a minimum of five (5) feet from the top of bank and no on the down-slope. 9. Signage is not approved as submitted on the revised site plan; full details of all proposed signage shall be submitted as part of a planned sign program. 10. Mitigation. is required for any existing trees that are proposed to be removed. 11. All pedestrian walkways within the development shall be a minimum of five (5) feet wide. 12. Coordinate pathway improvements and timing with Parks & Recreation Director. Pathway is to be provided to and through property, from the southeast comer to northwest comer of the property. The segment of pathway that lies within the apartment complex property shall be completed prior to issuance of a Certificate of Occupancy for any building within the complex. 13. Interior parking lot landscaping shown within the apartment complex shall be installed in accordance with the MCC 12-13 (Landscape Ordinance). All landscape planters within parking areas shall be a minimum of 50 square feet. 14. The applicant shall submit a dust mitigation plan for review and approval by the City of Meridian prior to construction of the apartment project and subsequent commercial development. Best management practices are to be followed during the construction ofthe project. 15. Developer shall provide a fence on the north, east, and west borders of the apartment complex site. The fence shall be cedar, six feet in height, with metal posts. 16. The developer has agreed to and shall be required to do the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 a. 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. b. The building adjacent to the northern boundary ofthe Jackson Drain needs to be moved to the north to allow for a 20' landscape buffer and pathway. c. Applicant shall be required to provide a five foot buffer between the nine parking spaces to the south of Building A and the foot path. General Requirements: 1. Tile any existing irrigation/drainage ditches crossing the property to be included in this project per City Ordinance (excluding Jackson Drain and possibly Settler's Canal). Show ditches to be piped on the site plans. Submit written confirmation of plan approval by the appropriate irrigation/.drainage district to the Public Works Department. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance. (Wells may be used for non-domestic purposes such as landscape irrigation.) 3. Provide off-street parking in accordance with City of Meridian Zoning and Development Ordinance. 4. Pave and stripe all parking areas in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-13-4) and in accordance with Americans with Disabilities Act (ADA) requirements, 5. Submit a drainage plan designed by a State ofIdaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface waters is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 6. Design and place outside lighting so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4C and 12- 5-2M. 7. Provide signage in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 8. Provide five foot wide sidewalks in accordance with City Ordinance (Ord. 12-5- 2.K). 9. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 10. Assessment fees for water and sewer service shall be determined during the building plan review process. 11. All construction shall conform to the requirements of the Americans with Disabilities Act (ADA). 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 owner will be paid the fair market value of the right-of- way dedicated which is an addition to existing ACHD right-of-way ifthe 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 of Fairview 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 of right-of-way, as proposed. The portion of the commerciallindustrial roadway that connects to Teare Avenue shall taper appropriately to accommodate for drainage. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 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 commerciallindustrial 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 of Fairview 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 ofFairview Avenue, as proposed. 10. Construct a 22 foot driveway to intersect the commercial/industrial 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 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 commercial/industrial roadway that extends from Fairview Avenue north and is proposed to be located 50 feet north of the commerciallindustrial 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. 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 ofthe 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 18. Comply with all Standard Conditions of Approval. Adopt the recommendations of the Meridian Fire Department as follows: 1. Provide a fire flow as required by the 1997 UFC Appendix III-A. 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. 4. Acceptance of the 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 ofthe phasing of the project. 8. All building uses and occupancies will have to meet the separation requirements of the Uniform Building Code. 9. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is be borne by the developer. Adopt the recommendations of the Nampa & Meridian Irrigation District as follows: 1. A Land Use Change/Site Application shall be filed for the Conditional Use Permit. The developer needs to contact Ms. Donna Moore, Asst. Secretary-Treasurer at 466-7861 for the Land Use Change/Site Application. Adopt the recommendations of Meridian Parks and Recreation as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 1. The landscape buffer that runs along the eastern side of the entrance road from Fairview Avenue shall 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. Adopt the action ofthe 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 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. 4. The applicant shall have to apply for a Miscellaneous Application to allow the north-south street coming off of Fairview 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. 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 of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Plmming and Zoning Department, the Public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 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 ofthe conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the /)p day of (}clv~ ,2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED$"- VOTED~ VOTED~ VOTED~tL COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: /O-/-cJ2- , - MOTION: ~ APPROVE . DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Departmen and the City Attorney. By: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 23 City Clerk Z:\Work\M\Meridian\Meridian ] 5360M\F AIRV1EW LAKES AZ02-011 CUP02-0 14\FfClsCUP02.Q 14.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 24 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09/17/02 Revised 10/03/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR 192-UNIT ) APARTMENT COMPLEX IN AN R- ) 40 AND COMMERCIAL BUILDING ) SITE IN C~N AND C-GZONES, ) LOCATED ON THE NORTH SIDE ) OFFAIRVlEW AVENUE, 1/3 MILE ) WEST OF LOCUST GROVE, ) MERIDIAN, IDAHO ) ) HOPKINS FINANCIAL SERVICES, ) me., ) ) APPLICANT ) ) CASE NO. CUP-02-014 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on September 17, 2002 at the hour of 7: 00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Steve Siddoway of the 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 and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DEOSION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 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 September 17, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') ofthe external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the September 17,2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 and 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 RUT 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 on the north side ofFairview Avenue, 1/3 mile west of Locust Grove, Meridian, Idaho. 5. The owner of record of the subject property is William Curtis, 2630 East Franklin FINDINGSOFFACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 / , Road, Meridian, Idaho. 6. Applicant is Hopkins Financial Services, Inc., 111 Auto Drive, Suite 105, Boise, Idaho. 7. The subject property is currently zoned RUT Ada County. The zoning district of RUT is defined within the Ada County Zoning and Development Ordinance. 8. The proposed application requests a conditional use permit for development of the lot as follows: construction of a 192-unit apartment complex in the northern portion zoned R-40 and a commercial building site for multiple commercial buildings in the southern portion zoned C- Nand C-G. The R-40, C-N and C-G zoning designations 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 FINDINGSOFFACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 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: Adopt the requirements of the Planning and Zoning Commission as follows: 1. The Applicant shall be required to provide a 30' landscape buffer on the east side of the apartment complex. 2. Traffic bollards shall be erected on the south end of Teare Street where that road borders the project. (Meridian Fire Department shall have decision as to whether bollards ~re permanent or breakaway). 3. The Applicant shall address buffering to the south end of the Smith property on Teare Street at such time as that street is extended into the project. 4. The Applicant shall provide a miscellaneous application for the approval of a private street. Further, the north-south street (as yet unnamed) running through the project shall not be a public street until such time as the street is recorded in the final plat. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Soecific Reauirements: 1. The entire office or commercial use area proposed shall be required to apply for a conditional use permit as a planned development prior to construction. No approval is given for the conceptual design shown, only for the concept having office, bank, retail, fast food, and a restaurant on the southerly portion of the property. There have been significant changes to the concept shown, including more pedestrian walkways to connect the internal parking lots, plaza! open areas / amenities centrally located to serve future employees and customers, improving the building orientations to Fairview Avenue, etc. 2. Fairview Avenue shall be fully improved (including curbs, gutter, sidewalks, landscaping, and irrigation) prior to the issuance of an occupancy permit for any building within the development, including the apartments. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 4, Construction vehicles shall enter only from Fairview access during construction of the apartment complex. 5. No occupancy permits shall be issued within the apartment portion of the development until a final plat has been recorded for the entire Fairview Lakes development. 6. Action shall be taken to ensure that the ponds (water features) within the project do not become stagnant and that the water is circulated by either natural or mechanical means. 7. Applicant shall provide written approval) prior to applying for building permits) from the Meridian Fire Department and Ada County Highway District for the location and design of any turnaround facilities. VerifY easement for all drains and ditches and provide letters from appropriate irrigation districts ten (10) days prior to City Council public hearing. 8. Provide ten (10) copies of detailed topographic contours and profiles of all pathways to the City Clerk. Pathways shall be built a minimum offive (5) feet from the top of bank and no on the down-slope. 9. Signage is not approved as submitted on the revised site plan; full details of all proposed signage shall be submitted as part of a planned sign program. 10. Mitigation is required for any existing trees that are proposed to be removed. 11. All pedestrian walkways within the development shall be a minimum offive (5) feet wide. 12. Coordinate pathway improvements and timing with Parks & Recreation Director. Pathway is to be provided to and through property) from the southeast corner to northwest corner of the property. The segment of pathway that lies within the apartment complex property shall be completed prior to issuance of a Certificate of Occupancy for any building within the complex. 13. Interior parking lot landscaping shown within the apartment complex shall be installed in accordance with the MCC 12-13 (Landscape Ordinance). All landscape planters within parking areas shall be a minimum of 50 square feet. 14. The applicant shall submit a dust mitigation plan for review and approval by the City of Meridian prior to construction ofthe apartment project and subsequent FINDINGSOFFACI' AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 commercial development. Best management practices are to be followed during the construction of the project. 15. Developer shall provide a fence on the north, east, and west borders of the apartment complex site. The fence shall be cedar, six feet in height, with metal posts. 16. The developer has agreed to and shall be required to do the following: a. 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. b. 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. c. Applicant shall be required to provide a five foot buffer between the nine parking spaces to the south of Building A and the foot path. General Reauirements: 1. Tile any existing irrigation/drainage ditches crossing the property to be included in this project per City Ordinance (excluding Jackson Drain and possibly Settler's Canal). Show ditches to be piped on the site plans. Submit written confirmation of plan approval by the appropriate irrigation/.drainage district to the Public Works Department. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance. (Wells may be used for non-domestic purposes such as landscape irrigation.) 3. Provide off-street parking in accordance with City of Meridian Zoning and Development Ordinance. 4. Pave and stripe all parking areas in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-13-4) and in accordance with Americans with Disabilities Act (ADA) requirements. 5. Submit a drainage plan designed by a State ofIdaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface waters is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for FINDINGSOFFACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 6. Design and place outside lighting so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4C and 12- 5-2M. 7. Provide signage in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 8. Provide five foot wide sidewalks in accordance with City Ordinance (Ord. 12-5- 2.K). 9. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 10. Assessment fees for water and sewer service shall be determined during the building plan review process. 1 L All construction shall conform to the requirements of the Americans with Disabilities Act (ADA). 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 ofa 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 ACED 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 ACED right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACED 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 FINDINGS OFFACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 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 roadway a minimum of 50 feet north ofFairview 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 ofFairview Avenue, as proposed. 10. Construct a 22 foot driveway to intersect the commercial/industrial roadway that extends north from Fairview Avenue approximately 580 feet north ofFairview Avenue, as proposed. 1 L 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 commercial/industrial 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 ofthe roadway and install pavement tapers with 15 foot radii abutting the existing roadway edge. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 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. 18. Comply with all Standard Conditions of Approval. Adopt the recommendations of the Meridian Fire Department as follows: L Provide a fire flow as required by the 1997 UFC Appendix ill-A. Show all proximity hydrants within 500' of the project on the resubmitted plat. 2. All entra!1ces and internal roads shall have comers with a minimum ofa 28' inside radius and 48' outside radius. 3. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. 4. Acceptance of the 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 ISO' in length as a result of the phasing of the project. 8. All building uses and occupancies will have to meet the separation requirements of the Uniform Building Code. 9. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is be borne by the developer. Adopt the recommendations of the Nampa & Meridian Irrigation District as follows: FINDINGSOFFACf AND CONCLUSIONS OF LAW AND DEOSION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 1. A Land Use Change/Site Application shall be filed for the Conditional Use Permit. The developer needs to contact Ms. Donna Moore, Asst. Secretary-Treasurer at 466-7861 for the Land Use Change/Site Application. Adopt tbe 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 shall 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. Adopt tbe 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 ofthe 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 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. 4. The applicant shall have to apply for a Miscellaneous Application to allow the north-south street coming off of Fairview 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. 13. It is found that the subject property is large enough to accommodate the requested uses and all other required features; however, changes such as additional landscaping, may be FINDINGS OFFACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 necessary to the site plan to accommodate all required features. 14. The Comprehensive Plan Land Use Map designates the property as "Existing Urban", The proposed mix of residential, commercial and office uses are harmonious with and in accordance with the Comprehensive Plan. The project meets the requirements and objectives of the Planned Development Ordinance. 15. It is found that the design concept is compatible with the existing and intended character of the area. The majority of the project is residential adjacent to residential and commercial adjacent to commercial. 16. It is not anticipated that the proposed project will have an adverse impact on the surrounding property. 17. It is found that the proposed development can be adequately served by the essential public facilities and services. 18. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. The applicant(s) will pay for the proposed traffic light. 19. It is found that additional traffic will be brought into the area, however it is not found that the traffic produced by this development will be excessive. It is not anticipated that the development will detrimental to any persons or property by means of noise, smoke, fumes, glare or odors will result from the proposed uses and development. 20. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 proposed development. Applicant's proposal to extend the Teare Avenue stub street into the development is supported. There is no objection to the emergency access to Clarene Street. 21. The Jackson Drain is a scenic feature that will be affected by this project, but it has been incorporated as an amenity and will be a vital part of the future Park's pathway system. 22. Ada County Highway District is requiring the internal streets ofFairview Lakes to be dedicated as public rights-of-way due to the facts that Teare Avenue is being extended and a traffic signal is being constructed at this location. City Ordinance requires any dedication of public rights-of-way to be done through the subdivision platting process. 23. Parking within the residential development only allows for two parking spaces per unit, with 16 additional parking additional parking for visitors and the clubhouse area. City Ordinance requires the determination if the parking provided is adequate. Parking for the commercial uses will be determined at such time as a detailed conditional use permit is submitted. 24. Hour of operation for the commercial development will be determined at the time of the detailed conditional use permit for commercial development. 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 (Ie. ~67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the" Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use pennits 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 ~ 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, if it 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 of the proposed conditional use shall be able to provide adequately any such services; f That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use 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 FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 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 High Density Residential District (R-40), Neighborhood Business District (C-N), and General Retail And Service Commercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code 9 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modifY the recommendation of the Commission. " 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code 9 11- 17-6) 7. When the City Council approves a conditional use permit it may impose FINDINGS OFFACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 conditions of that approval that reasonably: A Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan ofthe City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDffiONAL USE PERMIT SUBJECT TO CONDffiONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use pennit for development of the lot as follows: construction of a 192-unit apartment complex in the northern portion zoned R-40 and a commercial building site for multiple corrunercial buildings in the southern portion zoned C-N and C-G and located on the north side ofFairview Avenue, 1/3 mile west of Locust Grove, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: FINDINGS OFFACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 Adopt the requirements of the Planning and Zoning Commission as follows: 1. The Applicant shall be required to provide a 30' landscape buffer on the east side of the apartment complex. 2. Traffic bollards shall be erected on the south end of Teare Street where that road borders the project. (Meridian Fire Department shall have decision as to whether bollards are permanent or breakaway). 3. The Applicant shall address buffering to the south end of the Smith property on Teare Street at such time as that street is extended into the project. 4. The Applicant shall provide a miscellaneous application for the approval ofa private street. Further, the north-south street (as yet unnamed) running through the project shall not be a public street until such time as the street is recorded in the final plat. Adopt the Recommend~tions of the Planning and Zoning and Engineering staff as follows: Site Soecific ReQuirements: 1. The entire office or commercial use area proposed shall be required to apply for a conditional use permit as a planned development prior to construction. No approval is given for the conceptual design shown, only for the concept having office, bank, retail, fast food, and a restaurant on the southerly portion of the property. There have been significant changes to the concept shown, including more pedestrian walkways to connect the internal parking lots, plaza! open areas / amenities centrally located to serve future employees and customers, improving the building orientations to Fairview Avenue, etc. 2. Fairview Avenue shall be fully improved (including curbs, gutter, sidewalks, landscaping, and irrigation) prior to the issuance of an occupancy permit for any building within the development, including the apartments. 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 4. Construction vehicles shall enter only from Fairview access during construction of the apartment complex. 5. No occupancy permits shall be issued within the apartment portion of the development until a final plat has been recorded for the entire Fairview Lakes development. FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 6. Action shall be taken to ensure that the ponds (water features) within the project do not become stagnant and that the water is circulated by either natural or mechanical means. 7. Applicant shall provide written approval, prior to applying for building permits, from the Meridian Fire Department and Ada County Highway District for the location and design of any turnaround facilities. VerifY easement for all drains and ditches and provide letters from appropriate irrigation districts ten (10) days prior to City Council public hearing. 8. Provide ten (10) copies of detailed topographic contours and profiles of all pathways to the City Clerk. Pathways shall be built a minimum offive (5) feet from the top of bank and no on the down-slope. 9. Signage is not approved as submitted on the revised site plan; full details of all proposed signage shall be submitted as part of a planned sign program. 10. Mitigatiol1 is required for any existing trees that are proposed to be removed. 11. All pedestrian walkways within the development shall be a minimum offive (5) feet wide. 12. Coordinate pathway improvements and timing with Parks & Recreation Director. Pathway is to be provided to and through property, from the southeast comer to northwest corner of the property. The segment of pathway that lies within the apartment complex property shall be completed prior to issuance of a Certificate of Occupancy for any building within the complex. 13. Interior parking lot landscaping shown within the apartment complex shall be installed in accordance with the MCC 12-13 (Landscape Ordinance). All landscape planters within parking areas shall be a minimum of 50 square feet. 14. The applicant shall submit a dust mitigation plan for review and approval by the City of Meridian prior to construction of the apartment project and subsequent commercial development. Best management practices are to be followed during the construction of the project. 15. Developer shall provide a fence on the north, east, and west borders ofthe apartment complex site. The fence shall be cedar, six feet in height, with metal posts. 16. The developer has agreed to and shall be required to do the following: FINDINGSOFFACf AND CONCLUSIONS OF LAW AND DEOSION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 a. 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. b. 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. c. Applicant shall be required to provide a five foot buffer between the nine parking spaces to the south of Building A and the foot path. General Requirements: 1. Tile any existing irrigation/drainage ditches crossing the property to be included in this project per City Ordinance (excluding Jackson Drain and possibly Settler's Canal). Show ditches to be piped on the site plans. Submit written confirmation of plan approval by the appropriate irrigation/drainage district to the Public Works Department. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance. (Wells may be used for non-domestic purposes such as landscape irrigation.) 3. Provide off-street parking in accordance with City of Meridian Zoning and Development Ordinance. 4. Pave and stripe all parking areas in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-13-4) and in accordance with Americans with Disabilities Act (ADA) requirements. 5. Submit a drainage plan designed by a State ofIdaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface waters is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 6. Design and place outside lighting so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4C and 12- 5-2M. 7. Provide signage in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 8. Provide five foot wide sidewalks in accordance with City Ordinance (Ord. 12-5- 2.K). 9. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 10. Assessment fees for water and sewer service shall be determined during the building plan review process. 11. All construction shall conform to the requirements of the Americans with Disabilities Act (ADA). 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 ofa 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 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 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 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 ofFairview 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 ofFairview Avenue, as proposed. 10. Construct a 22 foot driveway to intersect the commercial/industrial 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 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 commercial/industrial 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. Terminate Clarene Street at its current location and construct bolIards for emergency access only, as proposed. 17. Construct a cuI-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. FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 18. Comply with all Standard Conditions of Approval. Adopt the recommendations of the Meridian Fire Department as follows: 1. Provide a fire flow as required by the 1997 UFC Appendix III-A. 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 ofa 28' inside radius and 48' outside radius. 3. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. 4. Acceptance of the 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. All building uses and occupancies will have to meet the separation requirements of the Uniform Building Code. 9. The fire department requests that any future signalization installed as the result of the development of this proj ect be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is be borne by the developer. Adopt the recommendations of the Nampa & Meridian Irrigation District as follows: 1. A Land Use Change/Site Application shall be filed for the Conditional Use Permit. The developer needs to contact Ms. Donna Moore, Asst. Secretary-Treasurer at 466-7861 for the Land Use Change/Site Application. Adopt the recommendations of Meridian Parks and Recreation as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 1. The landscape buffer that runs along the eastern side of the entrance road from Fairview Avenue shall 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. 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 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. 4. The applicant shall have to apply for a Miscellaneous Application to allow the north-south street corning off of Fairview 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. 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 of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 Works Department and any affected party requesting notice. NOTICE OF mNAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code, By action of the City Council at its regular meeting held on the ! 5'j? day of Oc:7!obe I- >2002. ROLL CALL: COUNCILWOMAN CHERIE Mc CANDLESS VOTED ~ VOTED ~ VOTED~ VOTED ~ COUNCILMAN KEITH BIRD COUNCILWOMAN TA1vllv1Y deWEERD COUNCILMAN WILLIAM L.M. NARY - MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: /0-/-02- . MOTION: ~ APPROVED: \\\\1l11l11/111 \\\\ M 1111 ,,\,\--!. Of EAII) II.... ~"~ ~ /....... ~.... (J o?PORA7;, ~ ~ ;;: _,-0 ('/0 -:;, ~ ~- v ~ Copy served upon Applicant, Planning and Zoning Department, Public Works .::: ~ De:;zartmen and the City Attorney. -:. -r' SEAL OJ ~ By", 1/:./I..... h~'l~ Dated'. /.tJ-- }-02 ~ c.Q ,f" 0 g ~L?:____ -:;. "1A uSr ~!';i./ .~ ~ ~,"=;1 ----.:::.--- ,"~.. ~ ";'" Cr')!" ,...,,( \V \",-' I(///"~-'+,, '!. 1.\\\\.... i / . . , + ~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 23 City Clerk z:\ Work\M\Meridian\Meridian I 5360M\F AIR VIEW LAKES AZ02-0 II CUP02-0 I4\FfClsCUP02-O I4.doc FINDINGS OFFACf AND CONCLUSIONS OF LAW AND DEOSION AND ORDER GRANTING CONDITIONAL USE PERMIT - 24 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR AN OFFICE AND SHOP FOR TRANSMISSION REPAIR IN A C-G ZONE TREASURE VALLEY ENGINEERS, APPLICANT C/C 09/17/02 ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-019 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on September 17, 2002 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark of the Planning and Zoning Department, Art Schultz, Lucy Lovill, and Larry Palmer, 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 Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 17, 2002, before the City Council, the first publication appearing and written notice having been mailed to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 property owners or purchasers of record within three hundred feet (300') ofthe external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the September 17,2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff rep ort. 3. This proposed development request is in an C-G zone and by reason of the provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located 250 feet south ofFairview Avenue, immediately south of Ultra Touch Car Wash, Meridian, Idaho. 5. The owners of record of the subject property is Lamont Kouba, 835 E. Fairview, Meridian, Idaho. 6. Applicant is Treasure Valley Engineers, Inc., 1117 Caldwell Blvd., Nampa, Idaho. 7. The subject property is currently zoned C-G. The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 8. The Applicant requests the Conditional Use Permit for construction of an office and shop for transmission service and repair. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 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 ofthe 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 ifthe 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: 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 - 3 1. All Arbor Vitae shrubs to be placed upon the property around the vehicle storage area should be at least four feet (4') in height, four feet on center. The buffer on the south side of the property should include trees. 2. No non-operational vehicles are to remain anywhere upon the lot for a period longer than thirty (30) days. 3. Construction and placement of a 10' wide asphalt pathway, as called for in a memo from Tom Kuntz dated August 9, 2002, should be coordinated with the Meridian Parks and Recreation Department. GENERAL COMMENTS 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking lot, so that the light does not spill over onto adj acent properties of rights- of-way. All parking lot lighting shall be in accordance with Ordinance II-13-4.C. 2. Provide signage .in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subj ect to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. Building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State ofIdaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department ofEnvirorunental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface waters is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Depmiment of Water Resources regarding Shallow Injection Wells. 5. Trash: The trash enclosure shall be enclosed on at least three sides by a solid wall or sight- obscuring fence at least four feet in height in accordance with Ordinance 11-12-1.C. Coordinate location and construction requirements with Sanitary Services, Inc. 6. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Celiificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 7. A Certificate of Zoning Compliance (CZC) and a building permit shall be obtained prior to the start of construction. A detailed landscape plan, prepared by a licensed landscape architect or other landscape professional, shall be submitted with the CZC application. 8. 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 stmi of development. Site Specific Conditions of Approval 1. The following conditions of the annexation ordinance for the subject property (#736) shall be complied with as a condition ofthis CUP. a. Connect to Meridian water and sewer services b. Development ofthe property shall be subject to and controlled by the Zoning Ordinances, the Subdivision and Development Ordinance, and the Meridian Comprehensive Plan, adopted January 4,.1994. c. Enter into a Development Agreement with the City (see #2 below). d. These conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. e. The Applicant shall meet the requirements and conditions of the Findings of Fact and Conclusions of Law .. . and the property be developed as a commercial planned development or under the CUP process. The Applicant may obtain a copy ofItem "e" above from the City Clerk's Office. The primary items in the Findings of Fact and Conclusions of Law that impact the subject development are listed in #19 (pg 22 and 23). 2. The property owner/applicant shall contact the City Clerk to initiate the process of finalizing the Development Agreement (DA) which was required by Annexation Ordinance No. 736. A signed and recorded copy ofthe DA must be completed prior to issuance of a Certificate of Zoning Compliance for the subject application. The DA shall address, among other things, the fourteen (14) items listed in #12, pg. 18, ofthe Findings of Fact and Conclusions of Law for the Annexation. 3. To comply with Ordinance 12-13-12, the Applicant shall provide a twenty-five (25) foot buffer on the north side of the existing access road and a twenty (20) foot buffer to the west boundary, from the south property line north approximately 130 feet. The P&Z Commission recommends a portion of the existing sewer access road be permitted to include within the twenty-five (25) foot buffer along the south property line. A minimum fourteen (14) foot wide new landscape buffer shall be added between the sewer access road and the vehicle storage area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 4. Comply with Ordinance 12-13-14-2, Design Guidelines for Stormwater Areas, in the detailed design of the storm pond shown in the southwest corner. Submit details with the Certificate of Zoning Compliance application. 5. All parking and areas of circulation shall be improved with a hard surface in accordance with Ordinance 11-13-4.D. The Site Plan shall be revised to show the vehicle storage area as a hard surface to comply with this ordinance. Slats or other screening shall be added to the chainlink fence on the south side adjacent to residences. 6. The unimproved area on the western 120 feet of the parcel shall be maintained free of weeds over eight (8) inches in height or other fire hazards and shall not be used for storage of any materials. 7. The hours of operation of the transmission shop and any noise or vibration-generating equipment shall be limited to those hours presented by the Applicant, which are Monday through Friday, 8:00 am to 8:00 pm, with the exception of emergencies or nonchargeable personal repairs. 8. Staff recommends any use ofthe subject property for used car sales be restricted to a maximum of five (5) vehicles displayed at anyone time. No off-premise used car sales signage will be permitted. None of the required twenty-one (21) parking spaces may be used as a sales display area for vehicles. A separate area must be used. 9. The Applicant shall contact the Parks & Recreation Director to determine if any portion of the future Five Mile Creek pathway will impact the subject property. If so, submit a revised Site Plan that reflects any improvements required by the Parks & Recreation Department. 10. In accordance with Ordinance I2-4-IO.B., the proposed barbed wire fencing around the storage area shall be a minimum of seventy-two inches (72") above grade to the bottom wire. 11. Sanitary sewer and water service to this parcel shall be via service lines from existing main lines adjacent to the site. 12. A minimum 2-inch caliper tree shall be planted within the parking lot island shown on the west side of the building. The landscaped area within this planter must be at least 50 square feet in area, inside of the curbing. Standard Conditions of Approval - Ada County Highway District 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387- 6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use ofthe subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 Adopt the Recommendations of the Sanitary Sewer as follows: 1. Enclosure location and size are good. Gate needs to be expanded to a minimum of 10' clearance inside of the gate posts for access. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire flow as required by the Uniform Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of350' apart. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 3, All radii shall be 28' inside and 48' outside radius. 4. A 20' wide fire lane shall be available for access to the building. 5. The proposed building and use shall comply with the 1997 Uniform Fire Code and applicable National Fire Protection Association Standards. Adopt the Recommendations of the Central District Health Department as follows: 1. It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design ofthis project should obtain current best management practices for stonn water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The Nampa & Meridian Irrigation District's Fivemile Drain courses through the southwest corner of the above-mentioned proposed project. Any encroachments will require approved plans and a signed License Agreement. 2. Any stann drainage leaving the site or returning into the Fivemile Drain will require a Land Use Change/Site Application. Adopt the recommendations of the Meridian Parks & Recreation Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 1. We need a 10' wide asphalt path adjacent to the east side of 5-mile Creek as part of the Bobby's Transmission Conditional Use Permit. The pathway could be constructed over the top of the 20' sewer easement and should be the length of sewer line. 13. The current Comprehensive Plan Land Use Map designates the property as "Existing Urban". It is found that the proposed use is in compliance with the Meridian Zoning Ordinance and the adopted Comprehensive Plan ifthe variances are approved, 14. It is found that the proposed office and shop for transmission repair will be compatible with other uses in the general neighborhood and with the intended character ofthe general vicinity, which is essentially a mix of commercial and residential uses. 15. It is not anticipated that the proposed uses will have an adverse affect on the other property in the vicinity if designed, constructed, operated and maintained in accordance with any conditions of approval and city ordinance (with some variances), 16. It is found that the proposed development will be adequately served by the essential public facilities and services, such as highways, street, police, fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services. 17. 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. 18. 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. 19. It is found that the proposed use will not create significant interference with any FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 traffic on the surrounding public streets. 20. 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 (IC. 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 ofthe City of Meridian has established by the passage ofthe "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is othef\Vise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 b. That the proposed use and development plan will be hannonious 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, if it complies with all conditions ofthe 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 ofthe community; g. That the-proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will 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 pennit in the General Retail And Service Commercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') ofthe external boundaries ofthe land under consideration for the conditional use pennit all in accordance with the provisions of Meridian City Code 9 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Pennit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 ofthis 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 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 ofthat approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan ofthe 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 / THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for an office and shop for transmission service and repair located 250 feet south of Fairview Avenue, immediately south of Ultra Touch Car Wash, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REQUIREMENTS 1. All Arbor Vitae shrubs to be placed upon the property around the vehicle storage area should be at least four feet (4') in height, four feet on center. The buffer on the south side of the property should include trees. 2. No non-operational vehicles are to remain anywhere upon the lot for a period longer than thirty (30) days. 3. Construction and placement of a 10' wide asphalt pathway, as called for in a memo from Tom Kuntz dated August 9, 2002, should be coordinated with the Meridian Parks and Recreation Department. GENERAL COMMENTS 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking lot, so that the light does not spill over onto adjacent properties ofrights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4.C. 2. Provide signage in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. Building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State ofIdaho licensed architect or engineer to the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Stonn Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface waters is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. Trash: The trash enclosure shall be enclosed on at least three sides by a solid wall or sight- obscuring fence at least four feet in height in accordance with Ordinance 11-12-1.C. Coordinate location and construction requirements with Sanitary Services, Inc. 6. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 7. A Certificate of Zoning Comp liance (CZC) and a building permit shall be obtained prior to the start of construction. A detailed landscape plan, prepared by a licensed landscape architect or other landscape professional, shall be submitted with the CZC application. 8. This Conditional Use Pennit shall be valid for a maximum period of 18 months. If construction has not begun within this time frame, a new conditional use permit must be obtained prior to the start of development. Site Specific Conditions of Approval 2. The following conditions of the annexation ordinance for the subject property (#736) shall be complied with as a condition of this CUP. a. Connect to Meridian water and sewer services b. Development of the property shall be subject to and controlled by the Zoning Ordinances, the Subdivision and Development Ordinance, and the Meridian Comprehensive Plan, adopted January 4, 1994. c. Enter into a Development Agreement with the City (see #2 below). d. These conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. e. The Applicant shall meet the requirements and conditions of the Findings of Fact and Conclusions of Law.. . and the property be developed as a commercial planned development or under the CUP process. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 The Applicant may obtain a copy ofItem "e" above from the City Clerk's Office. The primary items in the Findings of Fact and Conclusions of Law that impact the subject development are listed in #19 (pg 22 and 23). 2. The property owner/applicant shall contact the City Clerk to initiate the process of finalizing the Development Agreement (DA) which was required by Annexation Ordinance No. 736. A signed and recorded copy of the DA must be completed prior to issuance of a Certificate of Zoning Compliance for the subject application. The DA shall address, among other things, the fourteen (14) items listed in #12, pg. 18, of the Findings of Fact and Conclusions of Law for the Annexation. 3. To comply with Ordinance 12-13-12, the Applicant shall provide a twenty-five (25) foot buffer on the north side of the existing access road and a twenty (20) foot buffer to the west boundary, from the south property line north approximately 130 feet. The P&Z Commission recommends a portion of the existing sewer access road be permitted to include within the twenty- five (25) foot buffer along the south property line. A minimum fourteen (14) foot wide new landscape buffer shall be added between the sewer access road and the vehicle storage area. 4. Comply with Ordinance 12-13-14-2, Design Guidelines for Stormwater Areas, in the detailed design ofthe storm pond shown in the southwest comer. Submit details with the Certificate of Zoning Compliance application. 5. All parking and areas of circulation shall be improved with a hard surface in accordance with Ordinance ll-13-4.D. The Site Plan shall be revised to show the vehicle storage area as a hard surface to comply with this ordinance. Slats or other screening shall be added to the chainlink fence on the south side adjacent to residences. 6. The unimproved area on the western 120 feet ofthe parcel shall be maintained free of weeds over eight (8) inches in height or other fire hazards and shall not be used for storage of any materials. 7. The hours of operation of the transmission shop and any noise or vibration-generating equipment shall be limited to those hours presented by the Applicant, which are Monday through Friday, 8:00 am to 8:00 pm, with the exception of emergencies or nonchargeable personal repairs. 8. Staff recommends any use of the subject property for used car sales be restricted to a maximum of five (5) vehicles displayed at anyone time. No off-premise used car sales signage will be permitted. None of the required twenty-one (21) parking spaces may be used as a sales display area for vehicles. A separate area must be used. 9. The Applicant shall contact the Parks & Recreation Director to determine if any portion of the future Five Mile Creek pathway will impact the subject property. If so, submit a revised Site Plan that reflects any improvements required by the Parks & Recreation Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 10. In accordance with Ordinance l2-4-10.B., the proposed barbed wire fencing around the storage area shall be a minimum of seventy-two inches (72") above grade to the bottom wire. 11. Sanitary sewer and water service to this parcel shall be via service lines from existing main lines adjacent to the site. 12. A minimum 2-inch caliper tree shall be planted within the parking lot island shown on the west side ofthe building. The landscaped area within this planter must be at least 50 square feet in area, inside of the curbing. Standard Conditions of Approval- Ada County Highway District 12. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 13. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 14. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 15. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 16. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofldaho shall prepare and certify all improvement plans. 17. The app licant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 18. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 19. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 20. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 21. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 22. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subj ect property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Recommendations of the Sanitary Sewer as follows: 1. Enclosure location and size are good. Gate needs to be expanded to a minimum of 10' clearance inside of the gate posts for access. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire flow as required by the Uniform Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Pinal approval of the fire hydrant locations shall be by the Meridian Pire Department. 3. All radii shall be 28' inside and 48' outside radius. 4. A 20' wide fire lane shall be available for access to the building. 5. The proposed building and use shall comply with the 1997 Uniform Fire Code and applicable National Fire Protection Association Standards. Adopt the Recommendations of the Central District Health Department as follows: 1. It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design ofthis project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The Nampa & Meridian Irrigation District's Pivemile Drain courses through the southwest comer of the above-mentioned proposed project. Any encroachments will require approved plans and a signed License Agreement. 2. Any storm drainage leaving the site or returning into the Fivemile Drain will require a Land Use Change/Site Application. Adopt the recommendations of the Meridian Parks & Recreation Department as follows: 1. We need a 10' wide asphalt path adjacent to the east side of 5-mile Creek as part of the Bobby's Transmission Conditional Use Permit. The pathway could be constructed over the top of the 20' sewer easement and should be the length of sewer line. 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 - 18 ( By action of the City Council at its regular meeting held on the !~I; day of 6/e-fB Pev . 2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~tt-- VOTED ~ VOTED~tL- COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED ~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 10-/--02-- MOTION: ~ APPROVED: U~ - DISAPPROVED: Z:\Work\M\Meridian\Mcridian I 5360M\BOBBY'S TRANSMISSION CUP02-019\FfCIsCUP02-019.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09/17/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR AN OFFICE ) AND SHOP FOR TRANSMISSION ) REPAIR IN A C-G ZONE ) ) TREASURE VALLEY ENGINEERS, ) ) APPLICANT ) ) Case No. CUP-02-019 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the September 17, 2002, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for construction of an office and shop for transmission service and repair located 250 feet south of Fairview Avenue, immediately south of Ultra Touch Car Wash, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REQUIREMENTS 1. All Arbor Vitae shrubs to be placed upon the property around the vehicle storage area should be at least four feet (4') in height, four feet on center. The buffer on the south side of the property should include trees. ORDER CONDITIONAL USE PERMIT (CUP-02-019) . 1 2. No non-operational vehicles are to remain anywhere upon the lot for a period longer than thirty (30) days. 3. Construction and placement of a 10' wide asphalt pathway, as called for in a memo from Tom Kuntz dated August 9, 2002, should be coordinated with the Meridian Parks and Recreation Department. GENERAL COMMENTS 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking lot, so that the light does not spill over onto adjacent properties of rights- of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4.C. 2. Provide signage in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. Building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State ofIdaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface waters is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. Trash: The trash enclosure shall be enclosed on at least three sides by a solid wall or sight- obscuring fence at least four feet in height in accordance with Ordinance 11-12-1.C. Coordinate location and construction requirements with Sanitary Services, Inc. 6. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. ORDER CONDITIONAL USE PERMIT (CUP-02-019) -2 7. A Certificate of Zoning Compliance (CZC) and a building permit shall be obtained prior to the start of construction. A detailed landscape plan, prepared by a licensed landscape architect or other landscape professional, shall be submitted with the CZC application. 8. 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. Site Specific Conditions of Approval 1. The following conditions ofthe annexation ordinance for the subject property (#736) shall be complied with as a condition ofthis CUP. a. Connect to Meridian water and sewer services b. Development ofthe property shall be subject to and controlled by the Zoning Ordinances, the Subdivision and Development Ordinance, and the Meridian Comprehensive Plan, adopted January 4, 1994. c. Enter into a Development Agreement with the City (see #2 below). d. These conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. e. The Applicant shall meet the requirements and conditions of the Findings of Fact and Conclusions of Law.. .and the property be developed as a commercial planned development or under the CUP process. The Applicant may obtain a copy ofItem He" above from the City Clerk's Office. The primary items in the Findings of Fact and Conclusions of Law that impact the subject development are listed in #19 (pg 22 and 23). 2. The property owner/applicant shall contact the City Clerk to initiate the process of finalizing the Development Agreement (DA) which was required by Annexation Ordinance No. 736. A signed and recorded copy ofthe DA must be completed prior to issuance of a Certificate of Zoning Compliance for the subject application. The DA shall address, among other things, the fourteen (14) items listed in #12) pg. 18, ofthe Findings of Fact and Conclusions of Law for the Annexation. 3. To comply with Ordinance 12-13-12, the Applicant shall provide a twenty-five (25) foot buffer on the north side of the existing access road and a twenty (20) foot buffer to the west boundary) from the south property line north approximately 130 feet. The P&Z Commission recommends a portion of the existing sewer access road be permitted to include within the twenty-five (25) foot buffer along the south property line. A minimum fourteen (14) foot wide new landscape buffer shall be added between the sewer access road and the vehicle storage area. ORDER CONDITIONAL USE PERMIT (CUP-02-019) -3 4. Comply with Ordinance 12-13-14-2, Design Guidelines for Stormwater Areas, in the detailed design of the storm pond shown in the southwest corner. Submit details with the Certificate of Zoning Compliance application. 5. All parking and areas of circulation shall be improved with a hard surface in accordance with Ordinance 11-13-4.D. The Site Plan shall be revised to show the vehicle storage area as a hard surface to comply with this ordinance. Slats or other screening shall be added to the chainlink fence on the south side adjacent to residences. 6. The unimproved area on the western 120 feet ofthe parcel shall be maintained free of weeds over eight (8) inches in height or other fire hazards and shall not be used for storage of any materials. 7. The hours of operation of the transmission shop and any noise or vibration-generating equipment shall be limited to those hours presented by the Applicant, which are Monday through Friday, 8:00 am to 8:00 pm, with the exception of emergencies or nonchargeable personal repairs. 8. Staff recommends any use of the subject property for used car sales be restricted to a maximum of five (5) vehicles displayed at anyone time. No off-premise used car sales signage will be permitted. None of the required twenty-one (21) parking spaces may be used as a sales display area for vehicles. A separate area must be used. 9. The Applicant shall contact the Parks & Recreation Director to determine if any portion ofthe future Five Mile Creek pathway will impact the subject property. If so, submit a revised Site Plan that reflects any improvements required by the Parks & Recreation Department. 10. In accordance with Ordinance 12-4-10.B., the proposed barbed wire fencing around the storage area shall be a minimum of seventy-two inches (72") above grade to the bottom wire. 11. Sanitary sewer and water service to this parcel shall be via service lines from existing main lines adjacent to the site. 12. A minimum 2-inch caliper tree shall be planted within the parking lot island shown on the west side of the building. The landscaped area within this planter must be at least 50 square feet in area, inside of the curbing. Standard Conditions of Approval- Ada County Highway District 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. ORDER CONDITIONAL USE PERMIT (CUP-02-019) -4 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387- 6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject ORDER CONDITIONAL USE PERMIT (CUP-02-019) -5 property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Recommendations of the Sanitary Sewer as follows: 1. Enclosure location and size are good. Gate needs to be expanded to a minimum of 10' clearance inside ofthe gate posts for access. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire flow as required by the Uniform Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 3. All radii shall be 28' inside and 48' outside radius. 4. A 20' wide fire lane shall be available for access to the building. 5. The proposed building and use shall comply with the 1997 Uniform Fire Code and applicable National Fire Protection Association Standards. Adopt the Recommendations of the Central District Health Department as follows: 1. It is recommended that storm water be pre-treated through a grassy swa1e prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The Nampa & Meridian Irrigation District's Fivemi1e Drain courses through the southwest corner of the above-mentioned proposed project. Any encroaclnnents will require approved plans and a signed License Agreement. 2. Any storm drainage leaving the site or returning into the Fivemile Drain will require a Land Use Change/Site Application. ORDER CONDITIONAL USE PERMIT (CUP-02-019) -6 Adopt the recommendations of the Meridian Parks & Recreation Department as follows: 1. We need a 10' wide asphalt path adjacent to the east side of 5-mile Creek as part of the Bobby's Transmission Conditional Use Permit. The pathway could be constructed over the top of the 20' sewer easement and should be the length of sewer line. 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 ofMeridiall 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 f5"f? day of tf}ciz9 ~ , 2002. W~l,~ Robert D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. BJdL-,~~~ City Clerk Dated: lo~ 2 ~tJ 2- - - cm\Z:\ Work\M\Meridian\Meridian I 5360M\BOBBY'S TRANSMISSION CUP02.019\OrderCUP02-019.doc ORDER CONDITIONAL USE PERMIT (CUP-02-019) -7 BEFORE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST ) FOR APPROVAL OF A VARIANCE ) FROM MCC 12-03-01A, TO ALLOW ) THE APPLICANT TO PERFORM A ) 12-ACRE LOT-SPLIT, LOCATED AT ) 2170 FRANKLIN ROAD, MERIDIAN, ) IDAHO, ) ) BY: RONALD W. VAN AUKER ) ) APPLICANT. ) C/C 09/17/02 Case No. V AR-02-014 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on September 17, 2002, and Brad Hawkins-Clark of the Planning and Zoning Department, Steve Siddoway, Brad Miller, Erma Atkinson, and Steve Sedlacek, appeared and testified, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 B January 4, 1994 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-02-0 14 Page 1 of 7 2. The requirements ofIdaho Code S 67-6509,6516 and Meridian City Code SS 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Ronald W. Van Auker, Meridian, Idaho. 4. The owners of record of the subject property is Ronald W. Van Auker, Meridian, Idaho. 5. The property is located at 2170 W. Franklin Road, Meridian, Idaho is in an I-L zone. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and is attached hereto as Exhibit "A" and consisting of three pages, and as the legal description appears in the record of proceeds of this matter, and which is on file with the Meridian City Clerk's office. 7. The present land use of subject property is presently zoned as I-L, and which subject property is presently light industrial. 8. The proposed land use of subject property is to develop the subject property in the following manner: a new SSC headquarters. 9. That a vicinity map, attached hereto as Exhibit "A" and consisting of three pages, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 10. The Applicant seeks a variance from MCC S 12-03-01A, requiring the subdivision of land to follow the subdivision procedure, to allow the applicant to perform a 12-acre lot-split without being required to follow the established subdivision procedure, which provides as follows: 12-03-01A Subdivision Approval Required: Plat Approval and Filing: Any person desiring to create a "subdivision" as herein defined shall submit all necessary applications to the Administrator. No final plat shall be filed with the County FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V ARlANCE / V AR-02-0 14 Page 2 of 7 Recorder or improvements made on the property until the plat has been acted upon by the Commission and approved by the Council and all costs and feew have been paid. No lots shall be sold, transferred, or constructed upon until the plat has been recorded in the office ofthe County Recorder and a certified copy thereof has been returned to the Administrator. (Ord. 430,4-2-1984) 11. All property owners within three hundred feet (300') ofthe external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the Planning and Zoning Department. 12. It is found that there are such special circumstances or conditions affecting the property that the strict application of the subdivision process for this lot split is umeasonable due to time constraints and the fact that this is the creation of just one additional lot. 13. Based on the fact that SSC's existing location is inadequate and has recently been deteriorated by a fire, strict compliance with the requirements of Title 12 would be unreasonable due to the applicant's circumstances and need for a new facility within Meridian. 14. It is anticipated that the variance would not be detrimental to the public's welfare or injurious to other properties in the area. 15. It is found that the issuance ofa variances(s) for a 12-acre lot-split will not violate the intent and purpose of the Meridian City Code and the Comprehensive Plan. 16. The applicant paid the fee established by the City Council for application for a vanance. 17. The applicant shall comply with the following conditions: a. Compliance with all other City Ordinances in effect at time of development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-02-0 14 Page 3 of 7 b. The future subdivision ofthe remaining 30-acre and 12-acre parcels will be required to be processed through the subdivision ordinance; c. The dedication 0 fanypub1ic roadways shall be through the subdivision ordinance and procedures; d. Water and sewer connections to the subj ect property shall be coordinated with the Public Works Department; e. as follows: Adopt the Recommendations of the Nampa & Meridian Irrigation District 1) A Land Use Change/Site application shall be filed. Please contact Ms. Donna Moore, Asst. Secretary/Treasurer at the District's main office at 466-7861. 2} All laterals and waste ways shall be protected and all municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer shall comply with Idaho Code 9 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. f. Adopt the Recommendations of the Meridian Fire Department as follows: The following shall be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1) That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be place an average of 400' apart. 1997 UFC Appendix III-A 2) Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3) Acceptance of the water supply for fire protection will be by the Meridian Water Department. a. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. b. All radii shall be 28' inside and 48' outside radius. c. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. d. The roadways shall be built to Ada County Highway Standards with a clear minimum street width of 20' available at all times. UFC 902.2.1 e. It would be recommended that the project road system be interconnected with the Marcon Project to provide secondary access for both developments. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND "" Page 4 of 7 ORDER OF DECISION GRANTING A VARIANCE / V AR-02-0 14 f. It is recommended that the demolished farm buildings located on the property at 2170 West Franklin be removed. UFC 1110.2 CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment ofthe Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions ofIdaho Code S 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code S 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code S 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code S 67-6509, 6516 and Meridian City Code SS 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code S 11-18-2, and the findings which are required are set forth in Meridian City Code S 11-18-3, include required findings that there are special circumstances or conditions affecting the property that strict application ofthe provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives ofthe ordinance, and that the granting of a specified FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-02-014 Page 5 of 7 variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code S 12-03-01A, in the I-L zone if granted the variance from the subdivision ordinances, provides as follows: 12-03-01A Subdivision Approval Required: Plat Approval and Filing: Any person desiring to create a "subdivision" as herein defined shall submit all necessary applications to the Administrator. No final plat shall be filed with the County Recorder or improvements made on the property until the plat has been acted upon by the Commission and approved by the Council and all costs and feew have been paid. No lots shall be sold, transferred, or constructed upon until the plat has been recorded in the office ofthe County Recorder and a certified copy thereof has been returned to the Administrator. (Ord. 430,4-2-1984) DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That the Applicant is hereby granted a variance for the requirement to the subdivision ordinance from the Meridian City Code S 12-03-01A 4, in the I-L zone for Ronald W. Van Auker based on the testimony at the Council hearing, and that the issuance ofthe variances for the 12-acre lot-split to allow the development of SSC headquarters would not have the effect of altering the purpose and interest of the Zoning Ordinance, but the applicant shall be required to comply with all ofthe above staff and agency conditions. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body ofthe City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR.02-014 Page 6 of 7 property which may be adversely affected by the issuance or denial of a variance authorizing a variance of the parking and landscape ordinances requirements in the I-L zone as provided in the Meridian City Code, S 12-03-01A, and may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. /)'9 day of By action of the City Council at its regular meeting held on the OclV~ , 2002. ROLLCALL: COUNCILMAN KEITH BIRD VOTED~tL- VOTED~'- COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED ~ti.-- VOTED$.L COUNCILMAN WM. L.M. NARY MAYOR ROBERT ,CORRIE (TIE BREAKER) VOTED DATED: I tJ.- -{f/ z:- MOTION: APPROVED:~ DISAPPROVED: \i6f\\IUIIIIIIII Copy served upon Applicant, the Planning and Zoning Department, Public YIP ~ft~nt, \' "-l ""'R11'ffa', and the City Attorney office. ....,.."'(:f pl'"'l.D. f!.t..,..'l~ f . ~0df\ ~'..,~ ~ ~ ~ 0 ~ 2 ~ Byi!t~M~ P- ity Clerk ~ - - - Dated: cm\Z:\ Work\M\MeridianWeridian I 5360M\V AN AUKER V AR02-0 14\FfClsGrantV AR02-0 14.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-02-0 14 Page 7 of 7 BEFORE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR APPROVAL OF A VARIANCE FROM MCC 12-03-01A, TO ALLOW THE APPLICANT TO PERFORM A 12-ACRE LOT-SPLIT, LOCATED AT 2170 FRANKLIN ROAD, MERIDIAN, IDAHO, BY: RONALD W. VAN AUKER APPLICANT. C/C 09-17-02 ) ) ) ) ) ) ) ) ) ) ) ) Case No. V AR-02-014 ORDER GRANTING VARIANCE This matter coming before the City Council on the 17th day of September, 2002, under the provisions of Meridian City Code S 12-11-2, Variances, for final action upon the applicant's request for approval to perform a 12-acre lot-split without being required to follow the established subdivision procedure, the Council recommends approval of the variance request, with the following conditions: 1. Compliance with all other City Ordinances in effect at time of development; 2. The future subdivision of the remaining 30-acre and 12-acre parcels will be required to be processed through the subdivision ordinance; 3. The dedication of any public roadways shall be through the subdivision ordinance and procedures; 4. Water and sewer connections to the subject property shall be coordinated with the Public Works Department; ORDER GRANTING VARIANCE (V AR-02-014) - 1 5. Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as follows: a. A Land Use Change/Site application shall be filed. Please contact Ms. Donna Moore, Asst. Secretary/Treasurer at the District's main office at 466-7861. b. All laterals and waste ways shall be protected and all municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer shall comply with Idaho Code S 31- 3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 6. Adopt the Recommendations ofthe Meridian Fire Department as follows: The following shall be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: a. That a fire-flow consistent with Appendix III-A ofthe Uniform Fire Code be provided to service the entire project. Fire hydrants shall be place an average of 400' apart. 1997 UFC Appendix III-A b. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 c. Acceptance of the water supply for fire protection will be by the Meridian Water Department. d. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. e. All radii shall be 28' inside and 48' outside radius. ORDER GRANTING VARIANCE (V AR-02-014) - 2 f. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. g. The roadways shall be built to Ada County Highway Standards with a clear minimum street width of20' available at all times. UFC 902.2.1 h. It would be recommended that the project road system be interconnected with the Marcon Project to provide secondary access for both developments. 1. It is recommended that the demolished farm buildings located on the property at 2170 West Franklin be removed. UFC 1110.2 IT IS HEREBY ORDERED that the request ofthe Applicant for approval to perform a 12- acre lot-split without being required to follow the established subdivision procedure, is approved. By action of the City Council at its regular meeting held on the Irl( day of tJ(/fo~ ,2002. By: ORDER GRANTING VARIANCE (V AR-02-014) - 3 September 27,2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Meridian Parks Department REQUEST Resolution No. Department for Adult Fall Sports Programs: October 1 t 2002 Lt-~ ITEM NO. : Fee Increase for Meridian Parks & Recreation AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORN EY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERI DIAN 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 JJ:f: ~OlV S. 1//. ~. 0 ivr-U oyrO flu r }&'Vlt ~ P u0LL'S f;UV?S :Fr Oct 1 r luo2- % 10-3-02- Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. / ( interoffice MEMORANDUM RECEIVED William G. Be;;;g, Jr. ~ SEP 102002 C~ty Of Meridian Wm. F. Nichols ~ CIty Clerk Office Resolution on Adult Fall Sports 2002 Fee Schedule Increase To: From: Subject: Date: September 5, 2002 Will: Please find attached the originals of the Resolution and the Certificate of Clerk, in regards to the above matter. This item is now ready for City Council, and I believe it is set for Tuesday, September 17, .2002, meeting. If you have any questions please advise. z:\ Work\M\Merid inl1\Merid inn 15360M\Resolutiol1s City HnIll2002\BergAdultFnIISports2002Fee[ncrenseResCertClk0903 02.Mem.doc September 13, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Meridian Parks Department September 17,2002 ITEM NO. 1 REQUEST Public Hearing: Fee Increase for Meridian Parks and Recreation Department for Adult Fall Sports Programs: 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: See Attached Copy of Notice See Attached Resolution ~~ See Parks Department Memo OTH ER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. , p , i Adult Sport tt'ee Comparison with Boise & Nampa Leagues Boise Parks & Recreation: Adult Basketball: 10 league games $446.00/team $25.00/nonresident player fee $10.00/USSSA team fee $80.00 tournament fee (optional for double elimination tournament) *Estimate Cost: $446.00/team $10.00/USSA fee $125.00 (estimate 5 plaver) $581.00 without tournament $80.00 tournament fee Total: $661.00* Adult Volleyball: 10 league games $21.0.00/team fee $12.50/nonresident fee per player *Estimate Cost: $210.00/team $62.50 nonresident (estimate 5 players) Total: $272.50* Nampa Parks & Recreation: Adult Basketball: 8 games with double elimination tournament $380.00/team $15.00/nonresident player fee $10.00/resident player fee $15.00 late fee *Estimate Cost: $380.00/team $75.00/nonresident (estimate 5 player) $5G.GO/resident player fee (estimate 5 player) Total: $505.00* Co-ed Volleyball: 8 games with 2 tournament games $125.00/team $15.00/nonresident player fee $10.00/resident player fee $15.00 late fee *Estimate Cost: $125.00/team $75.00/nonresident (estimate 5 player) $50.00Iresident player fee (estimate 5 player) Total: $250.00* ( CITY OF MERIDIAN PkOPOSED BUDGET WOMEN'S BASKETBALL 2002 - 2003 Based on a 8 Team, 10 league games with season ending double elimination tournament I. League Play 40 games A. Officials: 2 per game @ $18.00 a game B. Score keeper/Supervisor $10/hr @ 4hr/night x 14 nights C. Trophy's: 1st & 2nd @ $30 each D. T"Shirts: 15 @ $7.50 each $1,440.00 $560.00 $60.00 $112.50 $2,172.50 II. Tournament Play 15 games A. Officials: 2 per game @ $18.00 a game B. Score keeper/Supervisor $10/hr @ 4hr/night x 5 nights C. Trophy's: 1st & 2nd @ $30 each D. TwShirts: 15 @ $7.50 each $540.00 $200.00 $60.00 $112.50 $912.50 III. Supplies: Score books, balls, first aid, etc. $100.00 IV. Fica @ 7.65% V. Unemployment @ 2.23% - total wages: $2,740.00 total wages: $2,740.00 $209.61 $61.10 $270.71 VI. Sub-Total $3,445.71 VI. Administrative Fees @ 15% $516.86 Total Expense ....~3;~.~?5! Total League Fee per Team a. Player Fee @ $10 each, 15 player minimum b. Team Fee Total Fee per Team Total Revenue from 8 teams: $150.00 $345.00 $495.00 .... $3;960.()Q Total Profit: ( ( CITY OF MERIDIAN PROPOSED BUDGET CO-ED vOLLeYBALL 2002-2003 Based on a 8 team, 10 match season with double elimination tournament I. League Play 40 matches A. Officials - 1 per match @ $10 per match B. SupervisiorlScore Keeper @ $10 per match C. Trophies - 1st, 2nd, 3rd @ $30 each D. T-Shirts -1st Place Team 15 @ $7.50 each $400.00 $400.00 $90.00 $112.50 $1,002.50 II. Tournament Play 15 matches A. Officials - 1 per game @ $10 per match B. SupervisiorlScore Keeper @ $10 per match C. Trophies -1st & 2nd @ $30 each D. T-Shirts -1st Place Team 15 @ $7.50 each $150.00 $150.00 $60.00 $112.50 $472.50 III. Supplies: score books, balls, first aid kit, etc. $200.00 IV. Fica @ 7.65% total wages: $1,100.00 V. Unemployment @ 2.230/< total wages: $1,000.00 $84.15 $24.53 $108.68 VI. Sub Total $1,783.68 VII. Administrative Fee: @ 15% 267.55 Total Expense $2,051.23 .. . -. .. Total League Fee per team a. Player fee @ $10 each, 15 player minimum b. Team Fee Total: $150.00 $110.00 $260.00 $2,080.00 Total Profit $28.77 ( (.. CITY OF MERIDIAN f-IROPOSED BUDGET MEN'S BASKt:TBALL 2002 - 2003 Based on a 10 Team, 10 league games with season ending double elimination tournament I. League Play 50 games A. Officials: 2 per game @ $18.00 a game B. Score keeper/Supervisor $1 O/hr @ 4hr/night x 17 nights C. Trophy's: 1 st, 2nd I 3rd @ $30 each D. T-Shirts: 15 @ $7.50 each II. Tournament Play 19 games A. Officials: 2 per game @ $18.00 a game B. Score keeper/Supervisor $10/hr @ 4hr/night x 6 nights C. Trophy's: 1st & 2nd @ $30 each D. T-Shirts: 15 @ $7.50 each III. Supplies: Score books, balls, first aid, etc. IV. Fica @ 7.65% total wages: $3,404.00 V. Unemployment @ 2.23% total wages: $3,404.00 VI. Sub-Total VI. Administrative Fees @ 15% Total Expense $1,800.00 $680.00 $90.00 $112.50 $2,682.50 $684.00 $240.00 $60.00 $112.50 $1,096.50 $200.00 $260.41 $75.91 $336.32 $4,315.32 $647.30 ii....~,.~f3~..6.~........ Total League Fee per Team a. Player Fee @ $10 each, 15 player minimum b. Team Fee Total Fee per Team Total Revenue from 10 teams: $150.00 $350.00 $500.00 ...... .'.".,""'.'n'.."."n'.'..,""..." i$5.000.0() Total Profiti<i\$3t.3~ MAYOR Robert D. Corrie ,,-!' ".~ , A~',. ~;r:;~ ~l~~t;;~:f:1i .. cU;rldi;;n~; '\ I ~ IDAHO )y .A Y ~ol' /' ~~ . Q D~I.sI~CE ,.H03 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 The City Council of the City of Meridian will hold a public hearing on TuesdaY1 September 171 2002 at 7:00 p.m. in the City Council Chambers at Meridian City Hall, 33 E. Idaho Avenue, Meridian, Idaho. The purpose of the public hearing is to receive public comments regarding proposed changes to the Meridian Parks and Recreation Department sports program fees. The proposed changes are as follows: CITY OF MERIDIAN PARKS & RECREA TION DEPARTMENT REQUEST FOR FEE INCREASE ADUL T FALL SPORTS 2002 Adult Sport Co-Ed Volleyball Current 2001-2002 Fees Proposed 2002-2003 Fees $190.00 $260.00 Men's Basketball $400.00 $500.00 Women's Basketball (not offered) $495.00 IJ _ /tdt/<-- Dated this 23rd day of August, 2002. Publish August 26 and September 91 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 Meridian Parks & Recreation Memo To: From: Date: CC: Mayor Corrie I City Council Tom Kuntz August 23, 2002 City Clerk, Will Berg E'CEIVED L J CiTY OF MERIDIAN CITY CLERK OFFICF Re: Increase in Adult Sports Fees The Parks and Recreation Staff requests that the following items be placed on your September 17 t 2002 City Council Agenda. The Parks and Recreation Department is submitting the following increases for the Adult Fall Sports Leagues: Adult Sport: Co-Ed Volleyball Men's Basketball 2001 - 2002 $190.00 $400.00 2002 - 2003 $260.00 $500.00 $495.00 Women's Basketball (not offered) PUBLIC HEARING SIGN-UP SHEET DATE September 17,2002 PROJECT NAME Fee Increase for Meridian Parks and Recreation Adult Fall Sports Programs NAME FOR AGAINST 'RECEIVED .P-' ~FP 17 2002 ~rrv () If !VIII J(! IH AN RESOLUTION NO. 02- 3 c; L BY: 1471-10 I/nrPL A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN MAKING CERTAIN FINDINGS AND ADOPTING A SCHEDULE OF FEES FOR SERVICES FOR ADULT FALL SPORTS 2002. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1: FINDINGS: Pursuant to the authority of this City to operate and maintain recreational and cultural facilities and activities, and to establish fees for services pursuant to S 63-1311; and it being found in the best interests of the City to conduct and provide various recreational activities as herein provided, and it being found that there are costs to the City to provide such activities and that the fees herein established are reasonably related to, but do not exceed, the actual cost of providing those services. SECTION 2:ADOPTION OF FEE SCHEDULE INCREASE: The Fee Schedule Increase for services for the adult fall sports 2002 are herein listed below and are hereby approved, established and authorized to be collected. ADULT FALL SPORTS 2002 Current Proposed Adult Sport 2001-2002 Fees 2002-2003 Fees Co-Ed Volleyball $190.00 $260.00 Men's Basketball $400.00 $500.00 Women's Basketball (not offered) $495.00 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of !/ch 6-vv , 2002. /rtJ APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ;;J ch bert. , 2002. IS'? .~ . 't-J<,.obert D. Con-ie . ~ ~ - SEAL City Clerk ~ ~ & ~ ... v.: q) ~ Z:\Work\M\Meridian\Meridian 15360M\R~O~t ~~al]~0.2\ u~~"'ports 2002 FeelncreaseParksDcplResolulion.doc ~.. ~ a 'f>~ ,-,,~ '/111/1 OUt,rr{. \\\\\\ /11'1 . . ,,\\,\ 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 of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. . 2.. That as the ~ity Clerk of this C~, I am the custodiap of its records and mInutes and do hereby certIfY that on the (7 day of t)c:f7J6-?-v, 2002, the following action has been taken and authorized. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN MAKING CERTAIN FINDINGS AND ADOPTING A SCHEDULE OF FEES FOR SERVICES FOR ADULT FALL SPORTS 2002. NOW, THEREFORE, BE IT RESOLVED BY THE lVIAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1: FINDINGS: Pursuant to the authority of this City to operate and maintain recreational and cultural facilities and activities, and to establish fees for services pursuant to S 63-1311; and it being found in the best interests of the City to conduct and provide various recreational activities as herein provided, and it being found that there are costs to the City to provide such activities and that the fees herein established are reasonably related to, but do not exceed, the actual cost of providing those serVIces. SECTION 2: ADOPTION OF FEE SCHEDULE INCREASE: The Fee Schedule Increase for services for the adult fall spOlis 2002 are herein listed below and are hereby approved, established and authorized to be collected. ADULT FALL SPORTS 2002 Current Adult Sport 2001-2002 Fees Proposed 2002-2003 Fees Co-Ed Volleyball $190.00 $260.00 Men's Basketball $400.00 $500.00 Women's Basketball (not offered) Certificate of Clerk Adult Fall SpOL1s 2002 // "II 11/// STATE OF IDAHO, ) ss: County of Ada, ) On this jyt day of 06-bW 2002, before me, ~ VCD..AUY\ 3> ~ -tW a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk, respectively, of the City of Meridian, Idaho, that executed the said instrument, acknowledged to me that he executed the same on behalf of the City of Meridian. 1ll1ll1ll1ll1:l1l. .~.. .}~L~~.. .fI. /;:"O'IA..l?;.....fj/.. .Q C!) I ~ - ~~i'" I'> n , , 1& 1:1 I , : .. \ I III II \ ' 11I/ '$ \ I III ".. .~,J:rom..\~~~... .;~~-_. ...n~. ..".uQil),)":.. -.IiI.".- (SEAL) ~DAuY1S~~ Notary Public for Idaho It Commission Expires: '1 ~ 2 <6 ~or;:; Z:\ Work\M\Mcridiun\Meridiun I 5360M\Resolutions City Hull\2002\CERTCLERKAdullFuIlSports2002.doc Certificate of Clerk Adult Fall Sports 2002 2 Septem ber 27, 2002 October 1 t 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Meridian Parks Department ITEM NO. L/-H REQUEST Meridian Settlers Park Change Order No.6 - American Paving for $8568.00 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: MERI DIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRIC SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: m;U~ O/(71~n1. ~ r /0/;102-- ~~J:r~ ~-- bY. rJ OJ~ OTH ER: See Memo from Parks Department Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian Parks & Recreation Memo SEP 2 1 2002 To: From: Date: Re: Mayor Corrie I City Council Elroy Huff I Lisa Arreola September 20,2002 Consent Agenda Items RECEIVED SEP 2 3 2002 City Of Meridian City Clerk Office The Parks Staff is requesting a Change Order under the consent agenda items for your October 01, 2002 meeting, which is listed below. 1. Settler's Park Change Order #6 - $8,568.00 The original specification plan called for 100% rye grass. The turf mixture in all of our parks is Kentucky bluegrass with a rye mix, which will with stand heavy sports use activities in the parks. The net increase will be $4,445.00. The electrical panel and transformer installed by Idaho Power did not allow for a buffer zone around that area of installation. A planter bed needs to be placed around the transformer and electrical panel to establish a protection zone. The net increase will be $264.00. The revised picnic shelter, concrete pad and sidewalk alignment to be re- engineered with a net increase of $1,000.00. This includes the building and pad re-staking, sidewalk relocation re-staking and office calculations. The original shelter square footage was 1450sf and the new shelter square footage is 2600sf for an 1150sf increase in the concrete pad. The sidewalk has been narrowed down to 5 ft. from 8 ft wide with a decrease of 570sf for a total change in concrete square footage of 580sf. The increase for the additional concrete square footage is $2,859.00 for a total increase for the re- engineering and concrete of $3,859.00. Please be advised that this change has already been discussed and approved by Tom prior to September 03, 2002. 2000 Edition - Electronic Format AlA Document G701- 2000 Change Order PROJECT: (Nameandaddress)Meridian 58 Acre Park Phase One CHANGE ORDER NUMBER:06 DATE: Sept. 19, 2002 ARCHITECT'S PROJECT NUMBER: 01028 CONTRACT DATE: March 28, 2002 CONTRACT FOR: Site Development & Landscape TO CONTRACTOR: (Name and addressJAmerican Paving PO Box 395 Meridian, Idaho 83680 THE CONTRACT IS CHANGED AS FOLLOWS: (Indude, where applicable, any undisputed amount attnDutable to previously executed Construe/ion Change Directiv(!S.) C06.1 Changed seed mixture per Meridian Parks Department's request $4.445.00. CO 6.2 Add planter bed at Idaho Power transformer. Transformer was relocated by Idaho Power $264.00 (see attached drawing CO 6.2) CO 6.3 Revised picnic shelter per Meridian Parks Department. Revised concrete pad & sidewalk alignment $3.859..00 (see attached drawing CO 6.3) The original (Contract Sum) (Guaranteed Maximum Price) was $833,165.00 The net change by previously authorized Change Orders $264.331.00 The (Contract Sum) (Guaranteed Maximum Price) priorto this Change Order was $1.097,996 The (Contract Sum) (Cuaranteed Ma.;dmum Priccj will be (increased) (decreased) (unchanged) by this Change Order in the amount of $8,568.00 The new (Contract Sum) (Guaranteed Maximum -Pciee1 including this Change Order will be $1,106.564.00 The Contract Time will be (increased) (decreased) (unch.anged) by (Q) days. The date of Substantial Completion as of the date of this Change Order therefore is 1 Of29f02 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive for which the cost or time are in dispute as described in Subparagraph 7.3.8 of AlA Document A201. Not valid until signed bv the Architect, Contractor and Owner. The Land Group, Inc. American Paving Co. City of Meridian (Signature) L..-l{ 1~ USA AUeDLI~ BY 'DA". D BY q/lq /at-- ! , DATE ((- lfi-O"l/ DATE ct - W'-(J't.- DATE @ 2000 The American Institute ot Architects. Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: changeorder6.ala .. 9/1912002. AlA License Number 1116865, which expires on 5/31/2003. OWNER 0 ARCHITECT 0 CONTRACTOR D FIELD D OTHER 0 AUTHENTICATION OF. THIS ELECTRON/CALL Y DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA DOCUMENT 0401. ...,."""'" " ..., ,.... .....- ~ . - .-.. .. ..... .... - @ 2000 A1A@ AlA DOCUMENT G701-2000 CHANGE ORDER The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 09/19/2002 THe 8: 12 FAX 20RR885020 AllERICAN PAVING ~OOll002 ~ ". ',"', ..., , q".><.., ';,.;:' , ...",~. w.... '*--~''''. 'O'H ---0". :.: -c - " - . '" ,-- _.~ __ - ".." h' ~:~~,'~~~Kmer.can-Pavl'n9 o. ,', '0''-_ Telephone: 888-7988 Fax 88B-S020 P.O Box 395. Meddian, Idaho 83680 Idaho P.W. #12145-AAA-2-4(43) Oregon CCB /I 13/240 ~berlg.2002 The land Group Attn: Dave Koga 12& S Eagle R.d Eagle, Idaho 83616 Re: MetiruAO 58-Acre Park: Phase I American Paving Co. Jo'c1# 1248 The following is a revised. requeB1 for change order as. per revised sketches. provided b-y 1'he Land Group dated 9/4102. addzeBBing revised picnic shelter and planter bed at IPC transformer. As per my conversation with Dave- K.oga. the water fountain is- to- Btay in its origina11~on and the- oub around the transfonner is to be deleted. American pavmg Co. is enclotring propo&als provided by our BUbcontrnctors with applicable price changes in accordance to the reV-=wions: Stalring: .AIrow Engineering. ..".......... ...... ......... .... .... ............................ .... ....." Sl,ooo.oo Concrete: Top Concrete. ow. 00_ ""On .............. ......... ....00... ................. ............ ...... .$2,175.00 Landscape: I\.ietca1f Landscaping.......... _... ..........._.................. ow... ........... _....... 00$2 52 .00 American Paving Co. '8 allotted 5% profiL..................n...................................S171.00 Total Subcontractor revised costs .................n..................................._......_.$.3,.59&J)Q Total Request for Cha.nge Order. ....__........... ............... .., ........... .......... ...... ........$4, 121.00 z&q- (;00..2. 3B5v]~ Co~.3 -#- -1 J:!.3 - ~fr;,Tl>t- ';0 (...2.. American Paving Co. scope of work for reviB.iom:: Earthwork: and base for concrete .............................................._................ .........$525.00 ~ ITyou should reqn.h-e any :furlter infunna.tion, pleaae duu.'t hesitate 10 call OW' offii"e. Co (,..3 Sincercly) An1~o. ._ TenyLU~~ Vice President TLItk 1:m-~ lheJter ~ r~~._._.._-~._._'---:'----_._-~ Co. ~.;( T CDC>.? ~ . "I ~ -5< k'~~ ~ ~ ~ l\~ <:- ~ ~ --:z \J "" L , '~ Q \!J \f\ --... ') ~ ( ~ ~ t- -3' \) ~ j ,-- :S ~ ~\ /- .~@ K-}:r:J.Ot0' ~o ~\% / ~~ ~., \ ) t & ~ ~ ~ ~l ~ ~ t) ~ ~ ~ -- <t ~ ~ ~ ~ () \\J \ll ~~~ ~ ( r- ()(f\ ~~ ,,'\ 91{s 00 ~ 7-'r D' 0<1. ~\L 0-1 ()'r u...r- ~'& <t'r U-\o Z<1. (Yl Ci3 -1. I"J cO .,- cO, 0r- ~-1 O-<f (Yl-<f 0'- 6<l. Ci<t CJl, (...J 0' '0 ' U1 :;:tU1 0U: 03 t')cO .- -r- 0l1"J -=:;tU1 -<t\.O NI"J 0l1"J cOuJ cOU1 o:)U1 .,--<t .-01 .......-<t .,-.q- ....01 ....N Z\..JJ zuJ ZW ....-=-- --- ---. ~ .,.~' uJ O~ t')Ul cOO> -<f N~ NUl ~~~ I-.~ Z " W lllr r--::> ~~ 04 Z.J O'r 04 OQ \ll~ ~4 >3 \it (f g ~ \([J rj)' 09/19/2002 THU 8:12 FAX 2rpo~85020 AMERICAN PAVING ( VlI/10,'V;': ,t~u .i...;,4~ rAil. <:U\.A<:4DJ'( '.JierCaiT'Lsnascape"',;" ~002/002 .'141 001: " ~T~ LANDSCAPE CONTRAClDRS 240QSo: Raymond Street &ise, tD 83709.;3245 (208) 362-241 1 FAX (208)362-4937 Estimate LANOSCAPEla SPRINKUNG sYsTeMs HYOROSEE DING 1- Name I Address ~-~m~teQ 9~ 9-33 =.J Ami!rbm P~ing P.O. Bqx 395 Meridian, JI) 81680 AnN: Boh R~;--C' s~ J ~ Project PUJntef bed tlddituJ(I De~cription Tabl -.. PUNTER BED A1)DlTJON@PQWER TRANSFORMEltLOCATION l'!dudi!S: 6/U1 8ark muld, Sale~ TtD: 15200 0.00 j -~ TJlAll/K you, WE APPRECIATE YOUR BUSINESS! Signature 09/17/2002 TUE lJ: 55 FAX 20poQ,R,5020 AMERICAN PAVING +H LA\D GROUl '::><=:'~-J.J.-\;,J;c ",f.U;~<:::ApAr.\".,...A":Larld'-Surveying", .208939-732:1, QJ003/005 P . 0'1' : ARRH'w . - · Engineering & Surveying GPS. BOUNDARY. TOPOGRAPHIC AND A.L TA. SURVEYS CONSTRUCTION STAKING 222 E. state Street · Suite 8 . Eagle, tdaho 63616 · office: 1-208-939-73i3 · fax: 1-298.939-7321 September 11, 2002 American Paving 357 E. Amity Meridian, ill 83642 Office: 208-888-79&8 Fax: 208-888-5020 Re: Extended work on 58-Acre Park Arrow Engineering & Surveying is pleased to propose Professional Land Survey1ng services for the 58- Acre Park in Meridian, Idaho I have reviewed the site plans and specifications for the extra survey work and have come up with the following figure based on the estimated time and materials needed. The work win be compieted fur an estimated fee of$l.ooo.oo and is to include: Office calculations building and pad stakeout sidewalk relocation stakeout fuur.tam . dvC&tieR. ~,eottt--. transformer relocation stakeout concrete edging stakeout Thank you for the opportUnity to continue working with you on this project !f you have any questions or need additional information, please call us. 1r you, p. ' iJCJ;fl ~eavitt,~V"" Manager 09/17/2002 TUE 13:55 FAX 2no~885020 AMERICAN PAVING 7~0 LAND GR~!~ U JO.?( ".....u.: 'FJ:~O.4:'r:.;,-;<.",::J . ~"I.. _..: _: ...: ":-TOP ,(~.QtjC~~T~d:~.~, ~004/005 PAGE . €Ii " '" ;::'.:: "-- -'--- ~~, .1nc. . Summit Lane · Nampa.. Idt1hQ B36~ · (ZOO) 468-0041 . Fax (208l466-1704 September 1 I 2002 American Pa Ing P.O, Box 395 Meridian. 10 680 Re: Change rder request on 58 Acre Park Attn: Terry I Sidewalk Cha e Order Change 190' f at wide 4" lMick sidewalk to 190' of 5' wide 4" thick skiewafk This is a dedu of 570 SF I I I I I I I Picnic Shelter rvhanl1e Order Origlna~ snelte quantity was 1450 SF and the new shelter quantity Is 45x50 ::;: 2,250 SF and 5x14 0;:: 350 SF for a total of 2600 SF. less Original 1450 SF 1150 SF of 4" sidewalk Less Deduct on sJw 570 SF 580 SF Additional 4" sidewalk I If you have an questions please give me a cal~, Cu~b '&..Gutter Specifiiist _. l"- .-'. t~ ~ ~.'.. \. . ~... U.J l _;.. I =- I i I 1 ! l l ~ It , , " * * ' " American Paving Co. , " Telephone: 888-7988 Fax: 888-5020 P.O. Box 395. Meridian. Idaho 83680 Idaho P.w. #12145-AAA-2-4{43) Oregon CCB # 137240 September 3. 2002 The Land Group Attn: Dave Koga 128 S Eagle Rd Eagle. Idaho 83616 Re: Meridian 58-Acre Park Phase I American Paving Co. Job#1248 RECEIVED SEP 0 f1 2002 The enclosed is a letter ftom om subcontractor. Metcalf Landscape. dated August 30. 2002, regarding additional cost for seed mixture as requested by the Meridian Parks Dept. Metcalf Landscape has provided costs for new seed mixture with two varieties of blue gmss for an additional $4,989.00, plus American Paving Co.'s allotted profit of$249.00, for a total of $5,238.00. (Option 1) Also provided is an alternate seed mixture with two varieties of blue grass (.A11me Kentucky & PaItland Kentucky) for an additional $4,445.00. plus American Paving CO.'8 allotted profit of $222.00, for a total of$4,667.oo. (Option 2) Please Jespond ASAP. 80 that Metcalf can proceed with their wmk. If you should require any further infonnation, please don't hesitate to call our office. Sincerely, ~co. Tmr2fa(d- Vice President TIJtk: ---~- 124&- MeQH'seed r CQ0. 1 08/:30/02 'FRI' 14: o 4; ',$A:X 2083624937 ( ; Me1;calf'ILandstape.:;. "1,--. '", ., "'14I 0 0.2>> "'"'iC ~TfC:AJLJ=' LANDSCAPE CONTRACTORS 2400 So. Raymond Boise, Idaho 83709 (208) 362-2411 FAX (208) 362.4937 LANDSCAPES SPRINKLING SYSTEMS HYD~OSEEDING Augu.<;t 30. 2002 Terry American Paving RE: 5& Acre Park Amended seed mixnll,'e reque..,<;t Terry, Please forward this information and quote to fue Meridian Parks Department. A vailable grass seed rbrough my supplier are the following varieties: Blucchip as requested by the Parks department Impact KBG is a variety not sold by my supplier. Absolute is a sister variety that comes from the same breeding program and the same company. Absolute is available. Alternative varieties that may perform better and be more cost effective are: Allwe .Kentucky Bluegrass (elite sod type) Parkland Kentucky Bluegrass Attached is a quote showing the price difference for adding the bluegrass to the original mixture of rye. Th.aM you, Micheal Metcalf , MetcalfLand3capc Contractors., Jne. 08/30/0Z PRI'14;'O.t!."FXX.i20836249n Me'Cci:llf; Landslbape, , i- ( (" '1 l4Jo 0-3.'t': Maintenance Estimate ~T~~LF LANDSCAPE CONTRACTORS 2400 So. Raymond Street Boise. ID 83709-3245 (208) 362-2411 FAX (208) 362-4937 LANDSCAPES SPRINKLING SYSTEMS HY0f30SEED.I~G Name I Address American Paving P.O. Box 395 Meridian, II) 83680 ! Attn L_n Location .l~~ l.?RE PARK'- Description ADDITIONAL SEED MLYTURE REQUESTED BY THE MERIDIAN PARKS DEPARTMENT ORIGINAL SEED COST - $ 4,083.00 NEW SEED MIX WITH TWO VARIETIES OF BLUEGRASS ABSOLUTE KENTUCKY BLUECHIP K1:.N..TUCliY ----:n-;07Z:tJO- LTERNATE SEED MIX TWO VARIETIES OF BLUEGRASS ALLURE KENTUCKY APPfUJVP"o 17 '1 &h~ P.AR.KLAND KENTUCKY { ~ ~ - $ 8,528.00 DIFFERENCE = ADD $ 4,445,00 J:) Please return signed copy to: Metc:alfLaJ\dscape Contracton,lDc. 2400 S. Raymond Boise, ID 83109 Accepted by: Date 8/29/02 Subtotal Sales Tax. Total I' I Estimate # I" 916 T ota! so.()O so. 00 so. 00 ( September 27,2002 MERIDIAN CITY COUNCIL MEETING APPLICANT October 1, 2002 ITEM NO. tf ~ l REQUEST Approve Beer License Application for Primo's located at 3909 East Fairview Avenue Ste. 150 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY A lTORN EY 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: ~,;P Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. September 27,2002 MERIDIAN CITY COUNCIL MEETING October 1, 2002 APPLICANT Public Works Department ITEM NO. Lj- /(., REQUEST Ashford Greens Subdivision No.6 Streetlight Agreement - Brighton Corporation Purposes AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTH ER: See Attached Agreement vL ~ Contacted: Date: Phone: Materials presented at public meetings shall become property ofthe City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED SEP 2 6 2002 City Of Meridian City Clerk Office To: Mayor Corrie & City C~~Cil ) From: Brad Watson, P.E~ CC: File, Gary Smith, PE, City Clerk Date: 9/26/2002 Re: Proposed Agenda Jtem for October 1 City Council Meeting The Public Works Department respectfully requests that the following item be placed on the October 1 City CounciJ agenda, on the Consent Agenda, for Council's consideration: ;t 1) Ashford Greens Subdivision NO.6 Streetlicht Acreement - Brichton Corporation. Copy of signed agreement included. Recommended Council Action: Approve streetlight agreement with Brighton Corporation and authorize the Mayor to sign and City Clerk to attest. 2) Sewer Service Reimbursement AQreement. White Drain Sewer Trunk Proiect - Briahton Corporation, Quenzer Commons Subdivision. This agreement provides for reimbursement to the City for sewer services installed by the White Drain Sewer contractor through Quenzer Commons. The agreement is similar those previously approved with the Cedar Springs developer. Recommended Council Action: Approve reimbursement agreement with Brighton Corporation and authorize the Mayor to sign and City Clerk to attest. 3) Award of Construction Contract. South Slouch Water and Sewer Proiect. Four bids were received for this project and are listed below. A copy of Phil Krichbaum's September 26,2002 letter recommending award of the contract to Brown Construction is included. Brown Construction Sommer Construction Bodiford Construction MASCO, Inc. $1,404,404.40 $1,565,344.00 $1,583,508.18 $1,675,890.70 . Page 1 Engineer's Estimate $1,489,473.60 Approximately $35,000 of the contract will be paid by ACHD for the Leslie Drive/South Slough culvert replacement (a cooperative agreement for this was previously approved by City Council). The water line portion of the project is approximately $150,000. The remaining portion of the proposed contract, $1.22 million, reflects sewer and surface repair costs. The project budget carried forward to FY '03 for sewer is approximately $950,000 of which approximately $50,000 is earmarked for easement payments, construction staking, testing, etc. Consequently, we need to make a budget line item adjustment and move $350,000 from the Special Projects-Sewer Extensions (#93505) to South Slough line item (#96142). The Sewer Extensions account will have a surplus due to the White Drain Trunk coming in almost $500,000 under original budget estimate. Recommended Council Action: Award the contract for the South Slough Water and Sewer Project to Brown Construction in the amount of $1 ,404,404.40 and authorize the Mayor to sign and City Clerk to attest. 4) AQreement for Professional Services - Well No. 24 Pumpina Facilities, Civil Survey Consultants. Please refer to September 19,2002 memo to me from Len Grady. 5) Addendum to Professional Services Aareement - Well No. 23 Pumpina Facilities, Civil Survey Consultants. Please refer to September 19, 2002 memo to me from Len Grady. Thank you for your consideration. ?~ . Page 2 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into CITY OF MERIDIAN and Brighton Corporation, pertaining to the street lights . residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Brighton Corporation has provided 1 street light poles, concrete pole bases, ftxtures, bulbs, and components to the residential development known as Ashford Greens No.6 in Meridian, Idaho. The parties acknowledge that the 1 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Brighton Corporation or it's assigns, agree to replace, repair and provide any required maintenance of any of the aoove mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Brighton Corporation or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to rep lace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 1 street lights located in Ashford Greens No.6 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off" type. 5. It is understood and agreed that Brighton Corporation will assign its rights and obligations hereunder to Ashford Greens Homeowner's Association. ASHFORD GREENS NO.6 - STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on Brighton Corporation its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this day of ,20 CITY OF MERIDIAN, a municipality and Political subdivision of the State ofIdaho By Robert D. Corrie, Mayor ATTEST: William G. Berg, Jr., City Clerk Brighton Corporation By: ~uctrd-;t6/441Y David W. Turnbull, President ASHFORD GREENS NO.6 - STREET LIGHT AGREEMENT Page 2 STATE OF IDAHO ) ) 55. CountyofAd~ ) On this _ day of , 20----, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES STATE OF ) ) ss. County of ) On thisLOUzlay of 6,0~, 2002-, before me, the undersigned, a Notary Public in and for said State, personally appeared David W. Turnbull known to me to be the President of Brighton Corporation, and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affIxed my official seal the day and year fIrst above written. ,$':'A. ~ f:{~~ \. \. PUBL\C I \, tP. e. ." <:.: ;. ... .. AO '>. 41' ... .... ~v ~,~ 'lJ 0 F \'\) .t....,..IlI.,~ _/$ ASHFORD GREENS NO.6 - STREET LIGHT AGREErvtENT Page 3 September 27 r 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department October 1 , 2002 t./ ~L ITEM NO. REQUEST Sewer Service Reimbursement Agreement. White Drain Sewer Trunk Project - Brighton Corporation, Heritage Commons Subdivision (Quenzer Commons) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FI RE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERI DIAN 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 Agreement ..;Y o;rf Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. r City of Meridian Public Works Dept. Memo RECEIVED SEP 2 6 2002 City Of Meridian City Clerk Office To: Mayor Corrie & City C~~I ) From: Brad Watson, P.E~ CC: FHe, Gary Smith, PE, City Clerk Date: 9/26/2002 Re: Proposed Agenda Item for October 1 City Council Meeting The Public Works Department respectfully requests that the following item be placed on the October 1 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Ashford Greens Subdivision NO.6 StreetliQht Aoreement - Briohton Corporation. Copy of signed agreement included. Recommended Council Action: Approve streetlight agreement with Brighton Corporation and authorize the Mayor to sign and City Clerk to attest *- 2) Sewer Service Reimbursement Aoreement. White Drain Sewer Trunk Project - Briohtan Corporation, Quenzer Commons Subdivision. This agreement provides for reimbursement to the City for sewer services installed by the White Drain Sewer contractor through Quenzer Commons. The agreement is similar those previously approved with the Cedar Springs developer. Recommended Council Action: Approve reimbursement agreement with Brighton Corporation and authorize the Mayor to sign and City Clerk to attest. 3) Award of Construction Contract. South SloUQh Water and Sewer Proiect. Four bids were received for this project and are listed below. A copy of Phil Krichbaum's September 26, 2002 letter recommending award of the contract to Brown Construction is included. Brown Construction Sommer Construction Bodiford Construction MASCO,/nc. $1,404,404.40 $1,565,344.00 $1,583,508.18 $1,675,890.70 . Page 1 Engineer's Estimate $1,489,473.60 Approximately $35,000 of the contract will be paid by ACHD for the Leslie Drive/South Slough culvert replacement (a cooperative agreement for this was previously approved by City Council). The water line portion of the project is approximately $150,000. The remaining portion of the proposed contract, $1.22 million, reflects sewer and surface repair costs. The project budget carried forward to FY '03 for sewer is approximately $950,000 of which approximately $50,000 is earmarked for easement payments, construction staking, testing, etc. Consequently, we need to make a budget line item adjustment and move $350,000 from the Special Projects-Sewer Extensions (#93505) to South Slough line item (#96142). The Sewer Extensions account will have a surplus due to the White Drain Trunk coming in almost $500,000 under original budget estimate. Recommended Council Action: Award the contract for the South Slough Water and Sewer Project to Brown Construction in the amount of $1,404,404.40 and authorize the Mayor to sign and City Clerk to attest. 4) Aareement for Professional Services - Well No. 24 Pumpina Facilities. Civil Survey Consultants. Please refer to September 19,2002 memo to me from Len Grady. 5) Addendum to Professional Services Aareement - Well No. 23 Pumpina Facilities. Civil Survey Consultants. Please refer to September 19, 2002 memo to me from Len Grady. Thank you for your consideration. /~ . Page 2 CITY OF MERIDIAN 660 E. Watertower, Suite 200 Meridian, Idaho 83642 CONTRACT PROJECT # & DESCRIPTION City of Meridian, White Drain Sanitary Sewer Trunk, Ten Mile Rd. to Locust Grove Rd. TffiS CONTRAcr. made lh;, day of .20_. between the ~ ~ Mayo, and Counc;!. by the C;ty Eng;nee, DC h;, authorized ,ep,e5Oot";ve. he,e;n called "CITY" a 'N . herein called "Developer". NOW THEREFORE, the parties hereto agree as follows: 1. The City agrees to have the Contractor for the White Drain Sanitary Sewer Trunk Project construct 4" sewer services, accordin ewer service connection detail 7.16(S), associated with the trunk line through the propose Heritage Commons Sub ivision. The Developer, by signing this contract. authorizes the City to have the sewer service work construc e per agrees to reimburse the City for the cost of this work. The unit bid price established for this project is $17.50 per linear foot of 4" sewer service constructed. The Developer shall reimbursement the City within 30 days of sewer service work completion. 2. The Developer shall provide the City information on the horizontal and vertical location of the 4" sewer service stubs including noting locations were a sewer service will cross a future storm drain infiltration bed, so that sleeves can be installed at those locations. 3. The Developer shall provide construction staking for the 4" sewer service work. IN WITNESS WHEREOF, the parties have executed this Contract the day and year first above written. By Robert D. Corrie, Mayor DEVE~R' j)/U6tl-rtW ~"'aA 7/0N ' By: ~/U(~d/II!MJ- tdtIkt Date: 0; ~ / g___tf~ CITY of Meridian ATTEST: By: William G. Berg, Jr., City Clerk Title: Date: Date: Approved By Council: 09/17/02 September 27,2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department October 1 , 2002 ITEM NO. --..!d - trL REQUEST Award of Construction Contract, South Slough Water and Sewer Project: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached Memo rrro~ ()Jr1 Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED SEP 2 6 2002 City Of Meridian City Clerk Office To: Mayor Corrie & City C~~il J From: Brad Watson, P.E~ CC: File, Gary Smith, PE, City Clerk Date: 9/26/2002 Re: Proposed Agenda ftem for October 1 City Council Meeting The Public Works Department respectfully requests that the following item be placed on the October 1 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Ashford Greens Subdivision NO.6 Streetliaht Aareement - Briahton Corporation. Copy of signed agreement induded. Recommended Council Action: Approve streetlight agreement with Brighton Corporation and authorize the Mayor to sign and City Clerk to attest 2) Sewer Service Reimbursement Aqreement. White Drain Sewer Trunk Proiect - Briqhton Corporation. Quenzer Commons Subdivision. This agreement provides for reimbursement to the City for sewer services installed by the White Drain Sewer contractor through Quenzer Commons. The agreement is similar those previously approved with the Cedar Springs developer. Recommended Council Action: Approve reimbursement agreement with Brighton Corporation and authorize the Mayor to sign and City Clerk to attest :H: 3) Award of Construction Contract. South SloUQh Water and Sewer Proiect. Four bids were received for this project and are listed below. A copy of Phil Krichbaum's September 26, 2002 letter recommending award of the contract to Brown Construction is included. Brown Construction Sommer Construction Bodiford Construction MASCO, Inc. $1,404,404.40 $1,565,344.00 $1,583,508.18 $1,675,890.70 . Page 1 Engineer's Estimate $1,489,473.60 Approximately $35,000 of the contract will be paid by ACHD for the Leslie Drive/South Slough culvert replacement (a cooperative agreement for this was previously approved by City Council). The water line portion of the project is approximately $150,000. The remaining portion of the proposed contract, $1.22 million, reflects sewer and surface repair costs. The project budget carried forward to FY '03 for sewer is approximately $950,000 of which approximately $50,000 is earmarked for easement payments, construction staking, testing, etc. Consequently, we need to make a budget line item adjustment and move $350,000 from the Special Projects-Sewer Extensions (#93505) to South Slough line item (#96142). The Sewer Extensions account will have a surplus due to the White Drain Trunk coming in almost $500,000 under original budget estimate. Recommended Council Action: Award the contract for the South Slough Water and Sewer Project to Brown Construction in the amount of $1,404,404.40 and authorize the Mayor to sign and City Clerk to attest. 4) AgreemenHor Professional Services - Well No. 24 Pumping Facilities, Civil Survey Consultants. Please refer to September 19, 2002 memo to me from Len Grady. 5) Addendum to Professional Services AQreement - Well No. 23 Pumping Facilities, Civil Survey Consultants. Please refer to September 19, 2002 memo to me from Len Grady. Thank you for your consideration. /M . Page 2 "-L'-D C1'\.>. .l;lUl~!:. l4JUUVOO.2 ----- r J~U.B ~ ~ J-U-B ENGINEERS, Inc. ENGINEERS. SURVEYORS w PLANNERS September 16, 1002 Regio!1al Office 250 Sou1h Beechwood Avenue. Suite 201 Boise, ID 83709-0944 208-376-7330 Fax: 208-323-9336 Mr. Brad Watson, P.E., City Engineer Meridian Department of PubUc Works 660 Water Tower Lane Meridian, ID 83642 RE: RECEIVED SEP 2 6 2002 MERIDIAN CITY ENGINEER Dear Mr. Watson: As you are aware, on September 25, 2002, four (4) bids were received on the South Slough Trunk Extension ProjeCt, subsequently open:ed and publicly read at 3:00 pm. We have reviewed the bids and all appear responsive. There was a minor mathematical error in the bid from Masco, Ine and the Bodiford bid was corrected (or the maximum allowed mobilization price. The bid results are tabulated below and a detailed bid breakdown is attached. Bidder Brown Construction, Nampa, ID Sommer Construction, Nampa, ID Bodiford Construction, Boise, !D t.\ASCO, Inc,. Boise, 10 Engineer's Estimate Base Bid S 1,404,404.40 $1,565,344.00 $1,583,508.18 (Adjusted from $1,634,493.50) 51,675,390.70 (Adjusted from $1,675,899.70) S1,489,473.60 Brown Construction Ine. is the apparent low responsive bidder and their listed electrical subcontractor, Challenger Electric indicates an active public works contractors license. We, therefore, recommend contract award for the South Slough Trunk Extension project, to Brown Construction, Ine. in the amount of 51,404.404.40. Attached please find three (3) copies of the Notice of Award for your review and City execution. We look forward to assisting the City in the construction phase of this critical project. If we can be of further assistance, or if you have any Questions, please call me at 376.7330. Sincerely, PHK:lhc r:\pm\phk\ 11690\adrnin\award letter.doc - - SEP 2S-, '0.2--0g:'01- @ h -. 208- 32j--9336 PAGE. 02 September 27,2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department October 1 , 2002 ITEM NO. 4-J{ REQUEST Agreement for Professional Services, Well No. 24 Pumping Facilities - Civil Survey Consultants 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 o{fV~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of MerIdian. City of Meridian Public Works Dept. Memo RECEIVED SEP 2 6 2002 City Of Meridian City Clerk Office To: Mayor Corrie & City C~~il ) From: Brad Watson, P.E~ CC: File, Gary Smith, PE, City Clerk Date: 9/26/2002 Re: Proposed Agenda Item for October 1 City Council Meeting The Public Works Department respectfully requests that the following item be placed on the October 1 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Ashford Greens Subdivision NO.6 StreetliQht Aqreement - BriQhton Corporation. Copy of signed agreement included. Recommended Council Action: Approve streetlight agreement with Brighton Corporation and authorize the Mayor to sign and City Clerk to attest 2) Sewer Service Reimbursement Aqreement. White Drain Sewer Trunk Proiect - BriQhton Corporation, Quenzer Commons Subdivision. This agreement provides for reimbursement to the City for sewer services installed by the White Drain Sewer contractor through Quenzer Commons. The agreement is similar those previously approved with the Cedar Springs developer. Recommended Council Action: Approve reimbursement agreement with Brighton Corporation and authorize the Mayo~ to sign and City Clerk to attest. 3) Award of Construction Contract. South Slouqh Water and Sewer Proiect. Four bids were received for this project and are listed below. A copy of Phil Krichbaum's September 26,2002 letter recommending award of the contract to Brown Construction is included. Brown Construction Sommer Construction Bodiford Construction MASCO, Inc. $1,404,404.40 $1,565,344.00 $1,583,508.18 $1,675,890.70 . Page 1 Engineer's Estimate $1,489,473.60 Approximately $35,000 of the contract will be paid by ACHD for the Leslie Drive/South Slough culvert replacement (a cooperative agreement for this was previously approved by City Council). The water line portion of the project is approximately $150,000. The remaining portion of the proposed contract, $1.22 million, reflects sewer and surface repair costs. The project budget carried forward to FY '03 for sewer is approximately $950,000 of which approximately $50,000 is eannarked for easement payments, construction staking, testing, etc. Consequently, we need to make a budget line item adjustment and move $350,000 from the Special Projects-Sewer Extensions (#93505) to South Slough line item (#96142). The Sewer Extensions account will have a surplus due to the White Drain Trunk coming in almost $500,000 under original budget estimate. Recommended Council Action: Award the contract for the South Slough Water and Sewer Project to Brown Construction in the amount of $1,404,404.40 and authorize the Mayor to sign and City Clerk to attest ,*' . 4) AareementJor Professional Services - Well No. 24 Pumpina Facilities. Civil Survey Consultants. Please refer to September 19, 2002 memo to me from Len Grady. 5) Addendum to Professional Services Aareement - Well No. 23 PumpinQ Facilities, Civil Survey Consultants. Please refer to September 19, 2002 memo to me from Len Grady. Thank you for your consideration. /~ . Page 2 City of Meridian Public Works Dept. REC IVE15 SEP 2 6 2002 c~ty Of Meridi Crty Clerk om: Memo To: Brad Watson From: Lenard Grady tI () J, CC: Gary Smith Date: 9/19/2002 Re: Proposed Ag~nda Items for October 1, 2002 City Council Meeting > The Public Works Department respectfully requests the following items be placed on the October 1 City Council agenda, under Department Reports, for Council's consideration: Well 24 Pumping Facilities - Civil Survey Contract DrilHng and test pumping has been completed at Well 24. Attached is a contract with Civil Survey Consultants, Inc. for design of the pumping facilities. The contract amount is $16,560 for design and $8,620 for construction services totaling $25,180. Recommended Council Action: The Public Works Department recommends that City Council approve the contract for design and construction services at Well 24 with Civil Survey Consultants, Inc for $25,180 and authorize the Mayor to sign it. Design of Well 23 Pumping Facilities by Civil Survey - Change Order #1 (Final). Attached is justification for work costing $3,667 required to complete Well 23 Pumping Facilities and an additional $930 for drainage work totaling $4,597. From the desk of __ LenanI Grady Staff Engineer Meridian Public Wodll Departmem 660 E. Watertowec, Suire 200 Meridian, Idaho 83642 Recommended Council Action: The Public Works Department recommends that the City Council approve Change Order #1 for $4,597 for additional work required to complete the Well 23 Pumping Facilities by Civil Survey Consultants. (20&) &9&-.5500 Fax: (208)8&7-1297 gradyl@cimeridian.idus Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 CIVIL SURVEY CONSULTANTS, INC. AGREEMENT FOR PROFESSIONAL SERVICES Project No. 0202 I THIS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY CONSULTANTS, INC., an Idaho Corporation, hereinafter referred to as "CSC" is made and entered into this _day of , 2002. The CLIENT and CSC in consideration of their mutual covenants herein agree as set forth below. The Client intends to construct new pumping facilities at Well No. 24 located on Lot 3, Block 16 of Tumble Creek Subdivision No.5. The proposed improvements consist ofa new pump house, vertical turbine well pump and motor, electrical controls, emergency generator, site improvements and appurtenances, hereinafter referred to as the PROJECT. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to CSC a full and complete description of the PROJECT including; all design criteria, information as to CLIENT's requirements for the PROJECT, design objectives and constraints, capacity and performance requirements, flexibility and expandability needs, any budgetary limitations, and copies of all design and construction standards which CLIENT will require to be incorporated in the Drawings and Specifications. The CLIENT will also provide to CSC all associated project information including data prepared by others; soil borings, probings and subsurface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and equipment; studies and interpretations of all environmental assessment and impact statements: surveys of record; property descriptions; zoning, deed and other land use restrictions; title reports; other special data or consultations as may be available; all of which CSC may use and rely upon in performing services under this Agreement. The CLIENT will obtain permission for CSC to enter upon public and private property as required for CSC to perform services under this Agreement. SERVICES TO BE PERFORMED BY CSC CSC will provide services as outlined in the attached letter dated September 17,2002. BASIS OF FEE AND BILLING SCHEDULE The Client will pay CSC for services provided under this Agreement per the attached letter dated September 17,2002. Notice to Proceed, either verbal or written, shall constitute acceptance of this Agreement by the CLIENT. THE TERMS AND CONDITIONS ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 BY: NAME: TITLE: ATTEST BY: NAME: TITLE: APPROVED BY CITY COUNCIL: Civil Survey Consultants, Inc. 100 South Adkins Wa , Suite 101 Medd;an, I , 642 ~ BY: /~~ Timothy A. Burgess, Vice President wo 1 of 4 9/1 7/2002 CIVIL SURVEY CONSULTANTS, INC TERMS AND CONDITIONS GENERAL - CSC shall provide for CLIENT professional engineering and/or land surveying services for the Project described in Ihis Agreement. These services wi I] be performed in accordance with generally accepted professional practices for the intended use oflhe project. CSC makes no other warranty either expressed or implied. CSC shall not be responsible for acts or omissions of any party involved in the Project other than their own. CSC shall not be responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by CSC CSC has not been retained to supervise, direct or have control over Contractor's work. CSC specifically does not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. Accordingly, CSC can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s) failure to furnish and perform their work in accordance with the Contract Documents. The CLIENT understands and agrees that subsurface and soils characteristics may vary greatly between successive test points and sample intervals. CSC will coordinate this work in accordance with generally accepted practice of the professional services being provided and mak~s no other warranties expressed or implied or as to the professional advice furnished by professionals providing soils testing or geotechnical advice. Resetting of survey and/or construction stakes shal] constitute extra work and shall be paid for on a time and material basis in addition to any other payment provided in th is Agreement. OPINIONS OF COST - CSC may be asked to provide opinions of construction or PROJECT costs as part of the professional services under this Agreement. The CLIENT understands and agrees that CSC has no control over the cost of labor. materials, equipment or services furn ished by others, or over the Contractor(s)' methods of determin ing prices, or over competitive bidding or market conditions. The CLIENT understands that CSC opinions of cost are based on CSC experience and represents CSC's judgment based on that experience, but CSC does not guarantee or warranty that either quotes, bids or estimates prepared by contractors, subcontractors or other will not deviate from opinions prepared by CSC The CLIENT agrees to employ an independent cost estimator if the CLIENT desires additional assurance, warranty or guarantee of PROJECT costs. Should the CLIENT request that CSC modify any PROJECT aspect to reduce construction costs, then those services shall be considered additional and beyond the scope of this Agreement unless specifically stated otherwise in this Agreement. REUSE OF DOCUMENTS - CSC shall retain an ownership interest of all professional products prepared by CSc. The CLIENT agrees that no product will be reused without specific written permission of CSc. The CLIENT agrees to indemnify and hold CSC harmless from any claims, damages, losses and expenses arising from unauthorized reuse of all work products prepared by CSC for the PROJECT. GOVERNING LA W - Unless otherwise provided in an addendum, the law of the State of Idaho will govern the val idity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement. SUCCESSORS AND ASSIGNS - CLIENT and CSC each is hereby bound and the partners, successors, executors, adm inistrators and legal representatives of CLIENT and CSC are likewise bound to the other party to th is Agreement, in respect of all covenants, agreements and obligations of th is Agreement. Noth ing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than CLIENT and CSC, and all duties and responsibilities undertaken pursuant to Ihis Agreement wil] be for the sole and exclusive benefit of CLI ENT and CSC and not for the benefit of any other party. wo 20f4 9/17/2002 TIMES OF PA YMENTS - CSC shall submit monthly statements for services rendered and for Reimbursable Expenses incurred. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment due CSC for services and expenses within thirty (30) days after receipt of CSC's statement therefor, the amounts due CSC will be increased at the rate of 1.5% per month from said tenth day, and in addition, CSC may, after giving ten days' written notice to CLIENT, suspend services under this Agreement until CSC has been paid in fu II all amounts due for services, expenses and charges. TERMJNA TJON . The obligation to provide further services under this Agreement may be terminated by either party upon thirty days' written notice. Such termination shall be based upon substantial lack of perfonnance by the other party under the terms and conditions of this Agreement when said substantial lack of performance is through no fault of the terminating party. If this Agreement is terminated by either party. CSC shall be paid for services rendered and for reimbursable expenses incurred to the date of such termination. HAZARDOUS WASTE AND ASBESTOS - The CLIENT and CSC agree that the work covered in this Agreement does not anticipate either the presence or remediation of hazardous waste and/or asbestos. Hazardous materials may exist where there is not reason to believe they should be present. CSC and the CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or term ination of services. CSC and the CLI ENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CSC to take immediate measures to protect human health and safety, and/or the environment. CSC agrees to notify the CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The CLIENT encourages CSC to take any and all measures that in CSC's professional opinion are justified to preserve and protect the health and safety ofCSC's personnel and the public, and/or the environment, and the CLIENT agrees to compensate CSC for the additional cost of such wprk. In addition, the CLIENT waives any claim against CSC, and agrees to indemnify, defend and hold CSC harmless from any claim or liability for injury or loss arising from CSC's encountering unanticipated hazardous materials or suspected hazardous materials. The CLIENT also agrees to compensate CSC for any time spent and expenses incurred by CSC in defense of any sllch claim, with such compensation to be based upon CSC's prevailing fee schedule and expense reimbursement policy. DISPUTE RESOLUTION - All claims, disputes or controversies arlSlIlg out of. or in relation to the interpretation, application or enforcement of this Agreement shall be decided through non-binding mediation or other mutually agreed alternative dispute resolution technique. The CLIENT and CSC agree non-binding mediation or other mutually acceptable alternative dispute resolution technique shall precede litigation or recourse to other judicial forums. RECOVERY OF DISPUTE RESOLUTION COSTS - In the event that legal action is brought by either party against the other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or settlement sums, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevailing party and those in his or her employ in researching the issues in questions, discussing matters with attorneys and others, preparing for depositions, responding to interrogatories, and so on. The value of time spent and the expenses incurred shall, on CSC's part, be computed based upon CSC's prevailing fee schedule and expense reimbursement policy relative to the recovery of direct project costs. EXTENT OF AGREEMENT - This Agreement represents the entire and integrated agreement between the CLIENT and CSC and supersedes all prior negotiations, representations or agreements, written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and CSC. wo 30f4 9/1 7/2002 Glenn K. Bennett, P.L.S. Pres idenl Timothy A. Burgess. PE Vice President Labor: Civil Survey Consultants, Inc. 100 South Adkins Way Suite 10] Meridian, Idaho 83642 (208)888-4312 Fax 888-0323 CIVIL SURVEY CONSULTANTS PREY AILlNG FEE SCHEDULE EFFECTIVE OCTOBER I, 2002 Project Manager Chief of Surveys Project Engineer Design Engineer Design/Survey Teclmician I Design/Survey Teclmician 2 Direct Expenses: WO GPS VehicJe 2- Wheel Drive Vehicle 4- Wheel Drive Outside Printing Long Distance Telephone Sub-Consultants - $ 90.00 per hour - $ 90.00 per hour - $ 70.00 per hour - $ 65.00 per hour - $ 60.00 per hour - $ 55.00 per hour - $ 40.00 per hour - $ No Charge - $ No Charge - $ Cost - $ Cost - $ Cost 4of4 9/1 7/2002 Glenn K, Benncn. P.L.S. President Civil Survey Consultants, Inc. 100 South Adkins Way Suite 101 Meridian, Idaho 83642 (208)888-4312 Fax 888-0323 Timothy A. Burgess, P.E. V ice President September 17,2002 Lenard Grady Staff Engineer City of Meridian 660 E. Watertower Meridian,ID 83642 Re: Well No. 24 Dear Len: Thank you for considering Civil Survey Consultants to provide professional services required for the construction of new pumping facilities for Well No. 24. We propose to provide these services based upon the following scope of services: Design Services: ]. The new well has been bid constructed and performance results will be available as soon as possible. The well is a flowing artesian well. Based upon previous Meridian wells we anticipate a vertical turbine pump to be designed for a maximum continuous delivery rate of approximately 2000 gpm. Actual delivery rate will be determined based upon well performance and actual head conditions. 2. CSC will provide complete design services required for preparation of plans and specifications for new pumping facilities. The site is located on Lot 3, Block ]6, of the Tumble Creek Subdivision No.5 near the southeast corner of the intersection of Linder Road and W. Tumble Creek Drive. The new pumping facilities will include the following components: a. The well building will be stucco finished masonry block construction, with aluminum fascia and soffets, and arc:hitectural fiberglass shingles. The new building will be similar to the building for Well 22 with a separate room to house the emergency generator. There will not be a separate chlorine room. b. The well will be equipped with a new vertical turbine pump. The new pump will be selected based upon the characteristics of the actual completed well. Motor size is anticipated to be ] 25 to ] 50 horsepower. An automatic pre-lube system will not be provided for the pump column bearings since it is a flowing artesian well. However a manual prelub will be provided. Grady September 17,2002 Page 2 of 4 c. The pump motor will be controlled by a Variable Frequency Drive (VFD). d. The well will be equipped with a emergency generator to be located inside the pwnp house in a separate room. The generator shall be equipped with an automatic transfer switch. We will supply a rough cost estimate of a natural gas powered unit versus a diesel unit after the pwnp and motor have been sized to aid the City in its selection of the generator type. e. The contract will require that the Contractor install a Radio Telemetry (RTU) Panel to operate the well with the current City system. The RTU panel will be furnished by the City. The contract will require the Contractor to install a conduit to support the antenna. The City will install the actual antenna and wiring. The Contract will require the Contractor to install conduit between the RTU and VFD, along with the necessary contacts and wiring for the desired telemetry functions. The City will provide a list of functions to he included, and the type of contact(s) required. f. The building will include heating, ventilation and air conditioning. Fixed intake louvers will be required for the generator radiator similar to Well 22. g. A liquid solution-metering pump will be provided. The pump will be variable speed and will be controlled by a 4-20 mA signal from the VFD. h. Site improvements will consist of an asphalt driveway and parking area with access off N. Blue Springs Avenue. A site plan will be provided that shows rough grading of the site to provide drainage away from the building. No landscaping will be provided under this contract. All landscaping shall be by others. 1. The site is located within the 500-year flood plain for Five Mile Creek. No site filling is anticipated. J. A by-pass pipeline to Five Mile Creek has been constructed by the City and functions adequately to bypass the artesian flow. No additional work for the bypass is anticipated. 4. CSC will submit the completed plans and specifications to the Idaho Department of Health and Welfare, Division of Environmental Quality, andthe Owner for review and approval. 5. CSC will provide an advertisement for bids for publication by the Owner; answer any pre-bid questions; attend the bid opening. CSC will provide the Owner 20 copies of plans and specifications for bidding purposes. 6. CSC will attend a pre-construction meeting. Grady September 17, 2002 Page 3 of 4 7. The Owner will issue the Notice Of Award, Agreement, and Notice To Proceed, and will handle all contract administrative work. 8. CSC will begin design upon receipt of a notice to proceed from the City of Meridian. 9. The City of Meridian will perform a hydraulic analysis of the distribution system with their computerized water model and provide CSC with predicted main line pressures at well discharge rates of 500, 1000, ] 500, 2000, and 2500 gallons per minute. lO. The City of Meridian will make all arrangements with Idaho Power Company and Intermountain Gas Company for utility service to the well site. Construction Services: 1. CSC will provide complete construction services including coordination between the Owner, Contractor, Sub-contractors and Sub-consultants. 2. CSC will provide construction observation services. 3. CSC will prepare contractor's partial payment estimates for approval by the owner. 4. CSC will review and evaluate the need for change orders during construction and provide a recommendation to the Owner regarding their approval or denial. 5. CSC will conduct the final inspection and assist the owner with project close out. 6. CSC will prepare record drawings for the completed facilities. 7. CSC will conduct a one year warranty inspection. We propose to provide the Design Services as outlined above on a time and materials basis with a not to exceed amount of $]6,560.00 without prior approval of the Owner. We propose to provide the Construction Services as outlined above on a time and materials basis according to the attached rate schedule plus direct expenses and sub-consultant expenses. I estimate the fee for construction services will be approximately $8,620.00. The above fee estimates are based upon utilizing Mulder Engineering Incorporated for the electrical engineering services and Kartclmer Engineering for mechanical services. Copies of their proposal letters are enclosed for your reference. 1 have also enclosed a copy of my man- hour and fee estimates for your reference. The above fee estimates assume the City will pay all costs associated with permits, licenses, testing, and publishing costs. Grady September 17,2002 Page 4 of 4 If the proposed scope of services and fee estimates are acceptable please sign and return one copy of the enclosed Agreement for Professional Services. Again, thank you for considering Civil Survey Consultants for this project. Sincerely, ~~ Tim Burgess, P.E. Vice President encl. Civil Survey Consultants Design Fee Estimate City of Meridian Municipal Well No. 24 Classifiaction Hours Rate Total Project Manager 28.00 @ $90.00 = $2,520.00 Project Engineer 128.00 @ $70.00 = $8,960.00 Professional Land Surveyor 2.00 @ $90.00 ;;: $180.00 Survey Techncian 1 6.00 @ $60.00 ;;: $360.00 Survey Techncian 2 6.00 @ $55.00 ;;: $330.00 GPS 4.00 @ $40.00 ;;: $160.00 Labor Subtotal 164.00 $12,510.00 Cia ssifiaction Hrs/Miles Rate Total Plan Set Printing 30 @ $12.00 ;;: $360.00 Specification Printing 30 @ $20.00 ;;: $600.00 Misc. Printing $100.00 Kartchner. HVAC $1,500.00 Mulder - Electrical $2,450.00 Direct Subtotal $4,050.00 Total Design Fees $16,560.00 We1124.xls 9/17/2002 Civil Survey Consultants Construction Services Fee Estimate City of Meridian Municipal Well No. 24 Classifiaction Hours Rate Total Proiect Manager 9.00 @ $90.00 = $810.00 Proiect Engineer 80.00 @ $70.00 = $5,600.00 Professional Land Surveyor 4.00 @ $90.00 = $360.00 Survey Techncian 1 4.00 @ $60.00 = $240.00 Survey Techncian 2 4.00 @ $55.00 = $220.00 GPS 8.00 @ $40.00 = $320.00 Labor Subtotal 97.00 $7,550.00 Classifiaction Hrs/MiJes Rate Total Misc. Printing $20.00 Kartchner. HVAC 6.00 @ $70.00 $420.00 Mulder. Electrical 9.00 @ $70.00 $630.00 Direct Subtotal $1,070.00 Total Construction Fees $8,620.00 Well24.xls 9/17/2002 Civil Survey Consultants Man-hour Estimate City of Meridian Municipal Well No. 24 Task Description Professional Design PLS Survey Survey Total Engineer Engineer Technician 1 Technician 2 1. Design a. Coordination & Meetings 8 8 16 b. Site Surveys 2 6 6 14 c. Buildin2 Conceots and Aooroval 1 8 9 d. Hvdraulic Analysis 1 8 9 e. Pumo & Pipim! 4 20 24 f. Buildin2 4 32 36 ll. Site Desil!n 1 8 9 h. Contract Documents 4 20 24 I. Review and Approval 4 16 20 2. Biddinll a. Coordination & Meetiml's 1 8 9 Desilln & Bidding Total Man.Hours 28 128 2 6 6 170 3. Construction a. Coordination & Meetinlls 2 4 6 b. Construction Staking 4 4 4 12 b. Inspection 4 48 52 c. Pavment Estimates 1 8 9 d. Chan2e Orders 1 4 5 e. Record Drawings 1 16 17 Construction Total Man.Hours 9 80 4 4 4 101 Well24.xls 9/1 7/2002 09/12/02 ~. teA P.001 [jrnMl~Ulder ~ Engineering ~ Incorporated 4094 Chinden Boulevard, Ste. 200 Boise, Idaho 83714 Phone (208) 336-0245 Fax (208) 345- H74 PROPOSAL/ACCEPTANCE September 11, 2002 Proposal Submitted to: Civil Survey Consultants, Inc. 100 South Adkins Way; Ste. 101 Meridian 10 83642 Attention; Jim Money For Project: City of Meridian, Well Pump #24 We hereby propose to perform the following services for the referenced project: Lump Sum services include: Electrical design. preparation of construction documents, construction administration and bid services are included as described on attached "Scope of Serviccsn sheet. With payment to be made on tho following terms: Lump Sum Fee of: $2,450.00 Respectfully submitted If acceptable, please return note, we will neither begin without a signod agreement or fr:rrf)~ ~E. one signed COpy to ~ur office. work nor commit to a project AlA contract. Please schedule .~----------------------------------~---------------------------~---------------- .~~--~-----------~------------~-------------------------------------------------- Acceptance of Proposal The above proposal, including scope of work and terms of paymentr are satisfactory and hereby accepted. You are authorized to do the work as specified. Accepted: Date: Signature E.Mail: muldereng@qwest.net 08/12/02 leA P.002 MULDER ENGINEERING'S SCOPE OF SERVICES FOR: PROJECT: City of Meridian, Well Pump #24 DATE: September 11, 2002 The work to be performed by ou~ office is as tollows: It! A. Construction Documents: systems: Includes electrical design of the following o o 21 o It1 o 1. Interior and exterior li.ghting and controls of the project. Not included are extensive automatic lighting control or theatrical type dimming systems unless specifically noted her.ein. Emergency and Exit lighting as required by codes. Interior and exterior power distribution. Fire Alarm Systems according to Codes. 2. 3. 4. 5. 6. Communications systems conduit, outlet boxes, systems~ Not included telephone switchers, networ.king devices. Other special systems will bo done as described in Item 5 unless specifically noted herein. (voice and data) will include empty and/or cable trays and under floor duct are wiring, terminations, hardware such uS handsets, computers, servers, hubs or 0" 7. Mechanical System Controls will consist of on-off switches and thermostat controls. Complex cont.rols of multiple sensors and interlocks are not included unless specifically noted herein. o B. Bid Services: Includes p:t'eparation of uddcndurn and review of equipment submittals for prior approval. o c. Construction Services: Includes reviewing shop drawings, C1Dswering questions and assisting in solving p:t'oblems which may arise during construction. We will make 3 site visits during the course of construction, one of which will be a final. We request the Archit:ect koep us apprised of construction progress so we can properly schedule visits. Typical site visits occur prior to slab being poured or walls being sheet rocked. D. Billing Practices: We wilJ. bill monthly and on lump sum contracts, we will bill 100% at the completion of the Construction Documents phase. Construction Administration and Bidding Services arc included in the lump sum fee, unless negotiated out of the contract up front, and will be billed as such. Schemat.ic Design and Design Development can be broken out from Construction Documents on request. Please initial bolow and return with fee agreement o~ contract. ARCHITECT CONSOLTANT ~#1 ~ 09/121200Z--'l'HU 12:42 FAX 20888Sr'S5 KARTCHNER ENGlNEERING-- . ( ( 14l001l001 . '...,If1..... ~ -, .,/ ~:.'l ~:. J 111J.IT:Dl I, II: :: I' . - KARTCHNER ENGINEERIN Transmitted Via Fax: 888-0323 September 12, 2002 Civil Survey Consultants, Inc. Timothy Burgess, PE 100 South Atkins Way Meridian, 10 83642 Re: Meridian Wall Pumphouse #24 Dear Tim, I am proposing a mechanical engineering fee not to exceed $1,500.00 (One Thousand Five Hundred Dollars) for the design and preparation ofHVAC drawings for the referenced project. The above figure includes design for full cooling and ventilation similar to Well #23; design for an enclosed emergency generator adjacent inside to pumphouse similar to well #22; heating/cooJing load calculations; preparation of HVAC drawings reflecting design considerations noted above and meeting all necessary code requirements, specifications, review of submittals and answering contractors questions during the bidding process. This fee is based on being provided with electronic files of floor plans and elevations. Any as-built drawing preparation or construction observation will be billed as extra services. Labor for extra services will be based on 3.0 times the employees' haurty salary, my time at $90.00 per hour. Unless otherwise stated, this agreement shall be in accordance with the latest edition of the AlA Architect and Engineers Agreement form. An invoice for the above work will be sent at completion af work and is due upon receipt. Thank you for the opportunity to work with you again. Sincerely, 'Ri.dM4 7. 'AtP~. '7'. e. KARTcHNER ENGINEERING RTKll<a Mechanical Engineers 1500 Wesl Stirrett Drive . Meridian. ID 83542 . (208) 8B8-7145 . Fax (208) 888.7165 . kartena(O!aarthlink.tlot wc1I "?,. September 27,2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department October 1 , 2002 ITEM NO. 4-0 REQUEST Addendum to Professional Services Agreement. Well No. 23 Pumping Facilities - Civil Survey Consultants AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached Memo 0$/ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED SEP 2 6 2002 City Of Meridian City Clerk Office To: Mayor Conie & City C~~I J From: Brad Watson, P.E~ CC: File, Gary Smith, PE, City Clerk Date: 9/26/2002 Re: Proposed Agenda Item for October 1 City Council Meeting The Public Works Department respectfully requests that the following item be placed on the October 1 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Ashford Greens Subdivision No.6 StreetJioht Aoreement - Briohton Corporation. Copy of signed agreement included. Recommended Council Action: Approve streetlight agreement with Brighton Corporation and authorize the Mayor to sign and City Clerk to attest 2) Sewer Service Reimbursement Aareement, White Drain Sewer Trunk Proiect - Briahton Corporation, Quenzer Commons Subdivision. This agreement provides for reimbursement to the City for sewer services installed by the White Drain Sewer contractor through Quenzer Commons. The agreement is similar those previously approved with the Cedar Springs developer. Recommended Council Action: Approve reimbursement agreement with Brighton Corporation and authorize the Mayor to sign and City Clerk ~o attest. 3) Award of Construction Contract, South Slouoh Water and Sewer Proiect. Four bids were received for this project and are listed below. A copy of Phil Krichbaum's September 26, 2002 letter recommending award of the contract to Brown Construction is included. Brown Construction Sommer Construction Bodiford Construction MASCO, Inc. $1,404,404.40 $1,565,344.00 $1,583,508.18 $1,675,890.70 . Page 1 Engineer's Estimate $1,489,473.60 Approximately $35,000 of the contract will be paid by ACHD for the Leslie Drive/South Slough culvert replacement (a cooperative agreement for this was previously approved by City Council). The water line portion of the project is approximately $150,000. The remaining portion of the proposed contract, $1.22 million, reflects sewer and surface repair costs. The project budget carried forward to FY '03 for sewer is approximately $950,000 of which approximately $50,000 is earmarked for easement payments, construction staking, testing, etc. Consequently, we need to make a budget line item adjustment and move $350,000 from the Special Projects-Sewer Extensions (#93505) to South Slough line item (#96142). The Sewer Extensions accountwiU have a surplus due to the White Drain Trunk coming in almost $500,000 under original budget estimate. Recommended Council Action: Award the contract for the South Slough Water and Sewer Project to Brown Construction in the amount of $1 ,404A04.40 and authorize the Mayor to sign and City Clerk to attest 4) Agreement-for Professional Services - Well No. 24 Pumpino Facilities, Civil Survey Consultants. Please refer to September 19, 2002 memo to me from Len Grady. ~ 5) Addendum to Professional Services Aoreement - Well No. 23 Pumpino Facilities. Civil Survey Consultants. Please refer to September 19, 2002 memo to me from Len Grady. Thank you for your consideration. ~~ . Page 2 - ? City of Meridi~n: Rublic Woms Dept. , , emo To: Brad Watson Fnnn: Lenard Grady rlf) ,g CC: Gary Smith Date: 9/19/2002 Re: Proposed Agenda Items for October 1, 2002 City Council Meeting The Public Works Department respectfully requests the following items be placed on the October 1 City Council agenda, under Department Reports, for Council's consideration: Well 24 Pumpinq Facilities - Civil Survev Contract. Drilling and test pumping has been completed at Well 24. Attached is a contract with Civil Survey Consultants, Inc. for design of the pumping facilities. The contract amount is $16,560 for design and $8,620 for construction services totaling $25,180. Recommended Council Action: The Public Works Department recommends that City Council approve the contract for design and construction services at Well 24 with Civil Survey Consultants, Inc for $25,180 and authorize the Mayor to sign it. Desion of Well 23 Pumoing Facilities by Civil Survey - Chanoe, Order #1 (Final).. Attached is justification for work costing $3,667' required to complete Well 23 Pumping Facilities and an additional $930 for drainage work totaling $4,597. From the desk of... LenanI Grady StaffEogineer Meridian Public Wod;s Departmenl 660 E. Watertower, Suite 200 Meridian, Idaho 83642 Recommended Council Action: The Public Works Department recommends that the City Council approve Change Order #1 for $4,597 for additional work required to complete the Well 23 Pumping Facilities by Civil Survey Consultants. (208) 898-5500 Fax: (208) 887-1297 gradyI@ci.meridianidus Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 09/2612002 THl 14:40 FAX -@lOOU002 Glenn K Dcnn~". r LS. Prcsldcm Civil Survey Consultants, Inc. 100 South Adkins Way Suire 101 Meridian, Tdaho 83642 (208) 888-4312 Fnx S88-0n3 TlmeTh: A_ 511rg~~.s. r.E. V,ce Ncsldclll September 26, 2002 Lenard Grady Sraff Engineer City of Meridian 660 E. Watertower Meridian, ID 83642 Re: Well 23 Dear Len: We are requesting a supplemental to our agreement for additional work that was prefonned on the Well 23 project. The following summarizes the additional work and associated costs required that were beyond our original scope of services. Gr~dinb - Our initial contract assumed that the sitc was to be filled by the developer to J level above the 100 yeu flood plain elevation :'lnd that no site grading would need to bc done. Later we learned th.!t the developer w0uld net be filling in the site S0 we were instructed to develop a site plan to bring the building up to One foot above the 100 year t100d plain e 1cvation. Aftcr review of our gTading plan the developer ~l(jlcd that they would landscape and fill the site surrounding the building ami asphaltt::d Limas. This cauSt::d tiS to modify (lur grading plan again. Power - The contractor who set the power transfonner for Idaho Power set it incorrectly. We had several meetings with representatives of the power company to recti(y that problem eventually getting the trnnsfonner set to the: correct position. Building - The developer changed the requirements for the building late in the project. The building was changed from" spl it face block bui Jding to a stucco fi nish. The roof was changed from aspha It sh ingles to metal, Electrical Contractor - There have been several corrections of the electrical work on this project that have required morc effort during the constmction phase than anticipated. Our original contract was [or a not to exceed amount of $20,230. We arc requesting an additional amount of $3,6(;7 to cover the additiona 1 efforts nutli11ed ahove. If you have any questions, or require additional information, please feel free to call me. Sincerely, CIV1L S.URVEY CONSUL T.ANTS, TNC. ~~ Timothy Burg~ss. PE Vic~ President c:.-t="P "Jc. IQ--") "\.I\.AA Glenn K. Bennett, P.L.S. President Civil Survey Consultants, Inc. 100 South Adkins Way Suite 101 Meridian, Idaho 83642 (208)888-4312 Fax 888-0323 Timothy A. Burgess. PE V ice Presi dent September 26,2002 Lenard Grady Staff Engineer City of Meridian 660 E. Watertower Meridian, ID 83642 Re: Well 23 - Additional Drainage Work Dear Len: Thank you for considering Civil Survey Consultants, Inc. for this work. Due to the landscaping activities by the developer of Silverstone Corporate Center Subdivision, the City well #23 site does not drain as designed. As requested I have prepared an estimate to provide additional evaluation of the site and design improvements to ensure it will drain properly. The folJowing is a scope of services to expand upon the work performed regarding thls project and an estimate of fees associated with this effort. 1. Perform field surveys necessary to determine the present drainage paths and any low point which wi)) cause puddling. 2. Provide a re-grading plan that: a. Routes all storm water to the northeast corner of tbe site. b. Detains large storm events at the northeast corner of the site. Based upon the above Scope of Services my estimate is $930. We can begin work within three working days of receiving a Notice to Proceed. If you have any questions, or require additional information, please feel free to call me. Sincerely, CIVIL SURVEY CONSULTANTS, INC. =::, MOI:7 Septem ber 27, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Approve Bills October 1, 2002 ITEM NO. ---=f - <p 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: MERI DIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS ~~ Date: Phone: Materials presented at public meetings shall become property of the City of MeridIan. September 27, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING October 1, 2002 APPLICANT Mayor Corrie ITEM NO. REQUEST Appointment to Planning and Zoning Commission 6 - It-l AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. September 27,2002 Department Reports MERIDIAN CITY COUNCIL MEETING October 1 t 2002 APPLICANT Mayor Corrie ITEM NO. REQUEST Appointment to Parks and Recreation Commission 5-fL-2., AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. September 27,2002 Department Reports MERIDIAN CITY COUNCIL MEETING October 1, 2002 APPLICANT Mayor Corrie ITEM NO. REQUEST Appointment to Meridian Development Corporation '5~ A-3 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF VOIGT DEVELOPMENT, LLC FOR APPROVAL OF FINAL PLAT FOR SUNDANCE SUBDIVISION NO.2, LOCATED AT THE NORTHEAST CORNER OF NORTH MERIDIAN ROAD AND EAST USTICK ROAD, MERIDIAN, IDAHO C/C 10/01102 ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-02-020 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on October 1, 2002, and the Council finding that the Administrative Review is complete w stated in a letter to the Mayor and Co Department, and Bruce Freckleton, f and 14 Site Specific Requirements, . Hawkins-Clark of the Planning and Council having considered the reql following action: IT IS HEREBY OJ 1. , 1_.-1 ~"'T+>lin comments and conditions as Ap,moed 10- DI-o~ and Zoning Requirements nd that Brad ng, and the takes the The Final Plat of "SUNDANCE SUBDIVISION NO. [" as cVlI..ienced in Plat bearing: "PLAT OF SUNDANCE SUBDIVISION NO.2, A PORTION OF THE SW Y4 OF SECTION 31, TAN., RIE., B.M. MERIDIAN, ADA COUNTY, IDAHO 2002, SHEET 1 OF ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDANCE SUBDIVISION NO.2 / (FP-02-020) - 1 2, #20301 \20301-PLT.DWG BKB 07/12/02, BRIGGS ENGINEERING, INe., CONSULTING ENGINEERS, SUNDANCE L.L.C, DEVELOPER", Voigt Development, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and David McKinnon, Planner II for the Planning and Zoning Department, dated September 23,2002, listing 8 General Requirements and 14 Site Specific Requirements/Final Plat, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of five pages, and by this reference incorporated herein, and the additional requirements are required as follows, to-wit: 1.1 As noted on the staff comments attached hereto as Exhibit "A" and consisting of five pages, and in particular to clarify under ADDITIONAL CONSIDERATIONS on page 3 second paragraph, it shall now read as follows: ADDITIONAL CONSIDERATIONS on page 3 second paragraph, it shall now read as follows: The proposed 14' wide access road, located on the west side of Lot 8, Block 8, is placed within a twenty-foot (20') wide city sewer easement. The roadway was not depicted on the original preliminary plat and landscape plans; rather, a meandering pathway was shown over the City's sewer main easement. As long as there are no manholes located within the interior of this lot, a meandering pathway can be constructed over this easement, and there will be no need for a 14' wide road to bisect this lot. The elimination of a straight cut-through road from this lot and replacing it with a meandering path will increase the visual appearance of the lot and increase the safety of the lot by reducing the risk of possible cut- through traffic utilizing the road. Additionally, ACHD may request a vehicular access to get to the stormwater area, which is located close to the pool on the Site Plan. If this vehicular access is required by ACHD then the applicant shall either: 1) have the common lot approved as is, or 2) that the area for the vehicular access shall be of a grass creet design to suppOli the vehiculars, but not of a hard surface pathway. Please refer to site specific item number five (5) below. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDANCE SUBDIVISION NO.2 / (FP-02-020) - 2 1.2 The Central District Health Department requires after written approval from the appropriate entitles are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1.2.] State of Idaho Catalog Of Stomlwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 1.2.2. Stonnwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Depattment, May 2000. 1.3 The Meridian Fire Department requires the tollowing: 1.3.1 That a fire-flow of 1,000 gallons per minute shall be available to service the entire project. Fire hydrants shall be placed an average of 400' apmt. 1.3.2 Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 1.3.3 Acceptance of the water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 1.3.4 Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 1.3.5 All radii shall be 28' inside and 48' outside radius. 1.3.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Unifoml Fire Code. 1.3.7 The roadways shall be built to Ada County Highway Standards with a minimum street width of36'. 1.3.8 No parking of vehicles, trailers, or equipment in the cul-de-sac. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDANCE SUBDIVISION NO.2 I (FP-02-020) - 3 ~~ \ 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: I. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regular meeting held on October 1,2002. By: ~1D~e ROB T D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Depmiment, Public Works Department, and City Attorney. \\\\\\111111111111 \\\ c: M;C- 11/ "" ~l 01 'cRID' /111/ ..>' ~ ~ .'.-:? 'l dIi~ .:::"'" c} rr.POR" '''V /~ . L jt; 2 -s;.cP '1 1<-0 .~ By:. "itl:tL~/d-'1- ~7'J 9~ Dated: /0--/ 1---tl2_/ ! ~ \ CIty Clerk;j ~ ,-' "7.- f?.. . v. CJ- ~ 0(; '\ / 0 ~ -:;. "Yo ;'Sf 1S\ ./ ~""'.'< .::,":: ..-:.;... "9 ~----- -,~\..\."" ..>~ ..../1/ C(j-:! f~ -'.,f \:.y~. <.~\_~' /f~l/i' ., ~ '. \\,~';' Z:\Work\M\Mcridiun\Meridiun I 53GOM\Sunduncc Sub NO.2 FP-02-020\OrdcrFP.doc ',.' ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUN DANCE SUBDIVISION NO.2 / (FP-02-020) - 4 MAYOR Rober! D. Corrie ( HUB OF TREASURE VALLEY A Good Place to Live CITY COUNC1L MEMBERS Tanuny d.:Weerd Keith Bird Cherill1\lcCandless William L.M. Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . F A..'X (208) 887-4813 City Clerk Office Fax (208) 888-4218 MEMORANDUM: To: Mayor, City Council and Planning & Zoning Commission David McKinnon, Planner n hJA .c::# Bruce Freckleton, Senior Eng-&e'eri~g Tech ~ From: Re: Sundance Subdivision No.2 LEGAL DEPARTMENT (208)288-2499 . F3..'\: 288-2S0 1 PUBLrC WORKS BUILDING DEPARTMENT (208) 898.5500 . F3..'\: 887-1297 PLANNING AND ZONING DEPARThIENT (208) 884-5533 . FA.'{ 888-6854 September 23, 2002 RECEI'VED SE? 25 2002 City Of Meridian City Clerk Office . Final Plat Approval of Seventy-three (73) Building Lots and Four (4) Other Lots on 21.69 Acres in an R-8 Zone, by Briggs Engineering (File No. FP-02- 020). We have reviewed the above referenced submittals and otTer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICA nON SUMMARY The applicant, Briggs Engineering, have requested approval of the final plat for Sundance Subdivision No.2, consisting of seventy-three (73) building lots and four (4) other lots on a. 21.69-acre parcel of 'land located on the northeast comer of the Meridian and Ustick Road intersection_ The City Council approved the annexation and preliminary plat for the subdivision in February of this year (2002). The first. phase of the Sundance Subdivision was also approved earlier this year. The first phase of the subdivision followed the submitted phasing plan as approved. The final plat for phase two of Sundance Subdivision does not follow the approved phasing plan; however, staff does not object to the proposed changes to the phasing plan. The applicant will be building the large open-space/park as part of this phase (#2) instead of waiting to build it in the third phase. The applicant has also modified and upgraded the park lot (Lot 8, Block 8) to include additional amenities that were not proposed at the time of the preliminary plat approval. The applicants have eliminated the proposed full court basketball court and gazebo (approved as part of the Conditional Use Permit) and have replaced it with a pool and a clubhouse. Other than the enlargement of the second phase of the subdivision, the submitted final 'plat appears to be in conformance with the approved preliminary plat. LOCA nON The property is located at the northeast comer Meridian and Ustick Road. PP-llHI20 Eao~; b:+" A" , t:I S SlmIa:nce SoildMsion No. 2. FP Planning & Zoning Comr sion/Mayor & City Council September 23,2002 . Page 2 SURROUNDING PROPERTIES North: Proposed Sundance Place Subdivision (R-8), zoned RUT (Ada County). South: Bedford Place Subdivision (R-8) and rural residential properties zoned R-l (Ada County). East: Rural residential, zoned R-l (County). West Cedar Springs Subdivision, zoned R-4 and Meridian Settlers Park, zoned L-O. FINAL PLAT FINDINGS AND REQUIREMENTS Sections 12-3-3 1.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: a. The conformance ofthe subdivision with the Comprehensive Development Plan; Staff finds the subdivision to be in conformance with the Comprehensive Plan. b. The availability of public services to accommodate the proposed development; Staff finds that public services can be made available to the lots within the proposed subdivision. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. d. The public financial capability of supporting services for the proposed development; Staff finds that the development. will not require major expenditures for providing, supporting services. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any other health, safety or environmental problems associated with this subdivision that may be brought to the Council or Commission's attention. ADDITIONAL CONSIDERA TIONS , Open Space: The applicant has proposed the construction of a subdivision swimming pool and a clubhouse in lieu of the previously approved full court basketball court and gazebo on Lot 8, Block 8 (the pocket park). Staff does not object to the requested changes; however staff would like the opportunity to review detailed plans of the proposed clubhouse and pool for compliance with City Ordinances prior to the City's signature on the final plat. Additional review of the FP-ll2~20 &l, b i\- .. A" a 0-9 S SlJIldon"" Subd.ivlsion MI>. 2,l'\' Planning & Zoning Com( ,ionlMayor & City Council September 23,2002 Page 3 plans can be handled on a staff level though the Certificate of Zoning Compliance (CZC) process. The CZC process will allow ACHD to make additional comments on this project as welL Please'refer to site specific item number four (4) below. -1: The proposed 14' wide access road, located on the west side of Lot 8, Block 8, is placed within a twenty-foot (20') wide city sewer easement. The roadway was not depicted on the original preliminary plat and landscape plans; rather, a meandering pathway was shown over the City's sewer main easement. As long as there are no manholes located within the interior of this lot, a meandering pathway can be constructed over this easement, and there will be no need for a 14' wide road to bisect this lot. The elimination of a straight cut-through road from this lot and replacing it with a meandering path will increase the visual appearance of the lot and increase the safety o~ the lot, by .reducing the risk of possible cut-through tr~c utilizing the road. P}ease I~' ( refer to slte speCIfic !tern number five (5) below~ 'P1-eQ.6<t.. r-e'k".- {n '-\--h€.-O~(" of Cordll~ ~ p rovcvl of FI'l"1dA "P(a'+ J n L0('\'L..ber r. I oYl pblj e. d-.) , SITE SPECIFIC COMMENTS I FINAL PLAT 1. Applicant is to. meet all terms of the approved preliminary plat and conditional use permit. 2. Underground, year-round pressurized irrigation must be provided to all landscape areas on site. Primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 3, Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 4. The applicant shall provide detailed plans for the proposed neighborhood pool and clubhouse, in additional to a new landscaping/fencing plan for Lot 8, Block 8 (the park lot) prior to the City's signature on the final plat. A Certificate of Zoning Compliance shall be required for the proposed clubhouse and pool. 5. A five-foot wide hard surfaced meandering pathway shall be constructed within the twenty-foot wide sewer main easement on Lot 8, Block 8. 6. Street signs are to'be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including perimeter fencing and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Surety, per FP-02-020 Eu;b~+"f\" ~cG S S\llldaru;e Subdi"a;on No, 1.FP Planning & Zoning Com{ ;ion/Mayor & City Council September 23, 2002 Page 4 City Ordinance 12-5-3, will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 7. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains installed adjacent to the proposed subdivision. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department 8. Please add or revise the following notes on the face of the plat: (1.) _ h any public street. unless otherwise noted. This easement... (l3.) Fencing adjacent to micro-path lots and park lots shall be limited to four feet in height if solid fencing material is used. 9. Complete the Certificate of Owners and accompanying Acknowledgment. 10. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 11. All drainage areas ( detension/retension basins) must be designed to ensure that water is retained only during 25-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. 12. Correct the 197.44' dimension along the east boundary of Lot 8, Block 8. 13. Add lot dimension to the nortn'line of Lot 2, Block 7. 14. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat, does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fifty and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at FP-D2-020 Surulance SubdMsiun Nu. 2.FP EQ,:b;+ "A" AI I>~ S' Planning & Zoning ComrL.ton/Mayor & City Council September 23, 2002 Page 5 subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5 Applicant's engineer will be required to submit a signed, stamped statement certifYing that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 6. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 7. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K 8. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. RECOMMENDA nON Despite modifications to the phasing plans of this subdivision, staff supports the approval of this final plat with the aforementioned findings and conditions of approval. FP-ill.020 E. ....h.~ b ,.. .. A" S OfS:-=_N.,,, ~ ': .Item Packet Pickup MEETING DATE: Oc:-h9~r t{ 201)'2 qG r ( 1J LtClSe... ?oSi f; r PuJ:}- Lt G yurtt ~ .-1htVn /:: s! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 1,2002, at 7:00 p.m. City Council Chambers 1. RolIRcall Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Promotion Ceremony for Meridian Police Department Corporals by Chief Worley: 4. Consent Agenda: A. Approve minutes from September 10, 2002 Pre-Council Meeting: B. Approve minutes from September 17, 2002 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law: 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: D. Findings of Fact and Conclusions of Law: CUP 02R014 Request for a Conditional Use Permit for a Planned Unit Development for a commercial building site in a proposed C-G zone and a 192 unit residential apartment complex in a proposed R-40 zone for the proposed Fairview Lakes by Hopkin"s Financial Services, Inc. - 824 East Fairview Avenue: E. Findings of Fact and Conclusions of Law: CUP 02-019 Request for Conditional Use Permit for an office and shop for transmission service and repair in a C-G zone for Bobbv's Transmission by Treasure Valley Engineers - south of 835 East Fairview Avenue: Meridian City Council Agenda - October 1, 2002 Page I 00 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Findings of Fact and Conclusions of Law: VAR 02-014 Request for a Variance to permit splitting off a 12-acre parcel in the southeast comer of a 40-acre parcel of ground in an I-L zone for Ronald Van Auker located at 2170 West Franklin Road: G. Resolution No. Approving Fee Increase for Meridian Parks and Recreation Department for Adult Fall Sports programs: H. Meridian Settlers Park Change Order No. 6 - American Paving for $8568.00: I. Approve Beer License Application for Primo's located at 3909 East Fairview Avenue, Suite 150: J. Blood Draw AQreement with Ada County for Blood Draw Services for Evidentiary Purposes: K. Ashford Greens Subdivision NO.6 Streetlight Agreement - Brighton Corporation: L. Sewer Service Reimbursement Agreement, White Drain Sewer Trunk Project - BriQhton Corporation, Heritage Commons Subdivision (Quenzer Commons): M. Award of Construction Contract, South SloUQh Water and Sewer Project: N. Agreement for Professional Services, Well No. 24 Pumping Facilities - Civil Survey Consultants: O. Addendum to Professional Services Agreement, Well No. 23 Pumping Facilities - Civil Survey Consultants: P. Approve Bills: 5. Department Reports A. Mayor Corrie: 1. Appointment to Planning and Zoning Commission: 2. Appointments to Parks and Recreation Commission: 3. Appointment to Meridian Development Corporation: Meridian City Council Agenda - October 1,2002 Page 2 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accolIUDodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. ( 6. (Items Moved from Consent Agenda) 7. FP 02~020 Request for Final Plat approval of 73 building lots and 4 other lots on 21_59 acres in an R~ zone for Sundance Subdivision NO.2 by Briggs Engineering - northeast corner of North Meridian Road and East Ustick Road: 8. Public Hearing: MI 02~008 Request for approval to construct a temporary private road for the construction of Phase 1 of Fairview lakes by Hopkins Financial Services, Inc. - 824 East Fairview Avenue: 9. Public Hearing: RZ 02-002 Request for a rezone of 1.52 acres from R- 4 to L-Q zones for the Holv Nativity Episcopal Church by the Holy Nativity Episcopal Church -1021 West 8th Street: 10. Public Hearing: AZ 02~017 Request for annexation and zoning of 5.41 acres from M-1 to I-L zones for Ronald Yanke property by Ronald Yanke and Walter T. Sigmont Jr. - northwest corner of East Franklin Road and North Eagfe Road on East Lanark Street: 11. Public Hearing: AZ 02~018 Request for annexation and zoning of 5 acres from RUT to L-Q zones for Bair Property Annexation by Donn Reiswig - 3975 East Franklin Road: Meridian City Council Agenda - October 1,2002 Page 3 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX ~MAT t ON REPORT ** AS OF BEP 27 '02 ,;; PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIWSEC PGS CMDIt STATUS 11 09/27 12'42 PUBLIC !40RKS UF--S 00'40" 1303 09S OK 12 a9/27 12' 43 21388881193 EC-S 130'51" 003 095 OK 14 139/27 12:45 8841159 EC--5 1013'52" 003 095 OK 16 09/27 12:48 213888413744 EC--5 00'52" 003 095 OK 17 09/27 12'49 2088457366 EC--5 1313'52" 13133 095 OK 18 09/27 12'51 2G8 896 55131 EC--5 0El'51" 1303 095 OK 19 139/27 12:52 LlBRFiRY EC--5 131'06" 13133 1395 OK 20 139/27 12'54 92083776449 EC--S 00'51" 003 1395 OK 21 09/27 12:55 208 388 6924 EC-S 01'05" 003 095 OK 22 139/27 12:57 2088886854 EC--S 00'51" 003 095 OX 23 09/27 12:59 89513390 EC--5 00' 50" 003 1395 OK 24 09/27 13'Ell 208 387 6393 EC--S <la' 51" 003 095 OK 25 139/27 13:02 ADA CTY DEUELMT G3--S 01'42" 003 095 OK 26 09/27 13:04 CHERIE MCCANDLES EC--S 131'06" 0133 1395 OK 27 139/27 13:06 CHERRY LANE EC--s 01'\116" 0133 095 OK 2a 09/27 13:08 POST OFFICE EC--s 01'28" 003 095 OK 29 09127 13'10 2138 SS8 1983 G3--s 01' 13" 003 095 OX 3El 09/27 13' 12 to PRESS TRIBUNE EC--S 0El'52" 0El3 0SS OK 31 09/27 13: 13 208 88S 6700 EC--S 0121' 51" 01213 12195 OK ----~-------------------~-------------------------------------------------~----------------- 17 Le.ctSL 'YoS,-t fo.... 'PL<.h-lic.. l1iJ+t~ - "ThtuYlt-sf CITY OF MERIDIAN CllY COUNCIL REGULAR MEETING AGENDA Tuesday, October 1, 2002, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weard _ Bill Nary Cherie McCandless Keith Bird - _ Mayor Robert Conie- 2. Adoption of the Agenda: 3. Promotion Ceremony for Meridian Police Department Corporals by Chief Worley: 4. Consent Agenda: A. Approve minutes from September 10, 2002 Pre-Council Meeting: B. Approve minutes from September 17, 2002 City Council Regular Meeting: C. Findings of Fact and Conclusions of law; AZ 02-011 Request for Annexation and Zoning of 24.89 acres from R~T to CoG and R- 40 zones for proposed Fairview lakes by Hopkins Financial Services, Jnc. - 824 East Fairview Avenue: D. Findings of Fact and Conclusions of Law: CUP 02-014 Request for a Conditional Use Pannit for a Planned Unit Development for a commercial building site in a proposed CoG zone and a 192 unit residential apartment complex in a proposed R-40 zone for the proposed Fairview Lakes by Hopkin's Financial Services, Jnc. - 824 East Fairview Avenue: E. Findings of Fact and Conclusions of Law: CUP 02.019 Request for Conditional Use Permit for an office and shop for transmission service and repair in a C-G zone far Bobby'S Transmission by Treasure Valley Engineers - south of 835 East Fairview Avenue: Mcrldi"'Cio:yC""""~AS.".da-0dcW-J.2002 Pogol.r3 All m><cn.I. ","''''''d'' publi. <n<<llD1l" obolI_. _"'Y .flllol Cil)" .fM..-idlOJl. Jl:lym1:0 dodi:riDg.a.:c::ommodalion fot di$8bil~ rcbter1Iq.QQwUlaIb ImdlDrh~1l8 Flt:.UC' C'ODl:u:t theCily Cltri::':e Ofri('~ Il U3-44.3.3- a~..& ho= pricrtO~m. pablic: mc~in& ( ** TX CONFIRh.. .ON REPORT ** ( AS OF SEP 27 '\:12: 13: 24 PAGE. ell CITY OF MERIDIAN 02 04 05 DATE TIME TO/FROM 09/27 13:183810160 09/27 13:21 2083757154 09/27 13:23 Laurel MODE EC--S EC--S EC--S MIN/SEC PGS 01' 27" 003 00'52" 003 00'53" 003 CMDI:! STATUS 095 OK 095 OK 095 OK -------------------------------------------------------------------------------------------- ~ LeRSe... ?O<b-t .fr;r 'PuJrUc.. 11<Jt,.~- ThMl t-81 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA TLlesday, October 1.2002, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ 8m Nary _ Cherie McCandless _ Keith Bird _ Mayor Robert Conie 2. Adoption of the Agenda: 3. Promotion Ceremony for Meridian Police Department Corpora's by Chief Worley: 4. Consent Agenda: A. Approve minutes from September 10,2002 Pre-Council Meeting: B. Approve minutes from September 17, 2002 City Council Regular Meeting: C. Findings of Fact and Conclusions of law: ftZ. 02..011 Request for Annexation and Zoning of 24.89 acres from R-T to C-G and R- 40 zones for proposed Fairviow Lakes by Hopkins Financial Services, Inc. - 824 East Fairview Avenue: O. FindingS of Fact and Conclusions of Law: CUP 02...014 Request for a Conditional Use Permit for a Planned Unit Development for a commercial building sire in a proposed C-G zone and a 192 unit residential apartment complex in a proposed R-40 zone for the proposed Fairviaw Lakes by Hopkin's Financial Services, Inc. - 824 East Faif'Jiew Avenue: E. Findings of Fact and Conclusions of Law: CUP 02-019 Request for Conditional Use Permit for an office and shop for transmission service and repair in a C-G zone for Bobby's Transmission by Treasure Valley Engineers - south of 835 East Fairview Avenue: M<:rldi... city C"uncil .6.gmda - Oclobcr I, 2oo:z l'~lle 1 of3 All m<ltcrlal. pl""'o<It~d <lI; publio mcetinJ:ll ubAlllx:coma prop<<\Y oflbe Cily of MmdiDJ'L Ally"n. de9iriIlg .1CCOtml>o<lcJiOll fOf di:/ld1ilitKS rdal<ed tQ dCCUlDt'llts and/or hoanng pl"".c com.aa the CiEy Clllfk's Orne. ot 888-'1433 .!1 k;lx <48 houn priOflO lbo public m<.:ling. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, October 1,2002 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: x )c x ><- Tammy de Weerd Cherie ~candless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: o/f7"tJV..fL, Discussion of N{eridian Tree Ordinance - Elroy Huff: AJU..ci!. k,;:e;;r ~//L ~ ord~a-,.-...CJL./~ Discussion of Cherry Lane Golf Course Inspection: a/~~ /lrt .f)::LeC/1S ~ Discussion of Carol Subdivision Survey Results - Brad Watson: r' Y1e ~-€-cL. .FW?. v<-,j re.f-K..i# Discussion of Waltman Lane and Corporate Drive Intersection - Mark Canfield: re v/e~J w/rJ.- /}-ef-/ ':4 3. 4. 5. 6. Meridian City Council Agenda - October 1, 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 hours prior to the public meeting. November 1. 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST November 6, 2002 ITEM NO. Approve minutes of October 1, 2002 Pre-Council Meeting: 3-A AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS ~~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, October 1, 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 3. Discussion- of Meridian Tree Ordinance - Elroy Huff: Need to set Public Hearing for Ordinance I Fee 4. Discussion of Cherry Lane Golf Course Inspection: Inspection Approve 5. Discussion of Carol Subdivision Survey Results - Brad Watson: Presented Survey Results 6. Discussion of Waltman Lane and Corporate Drive Intersection - Mark Canfield: Review with ACHD Meridian City Council Agenda - October 1,2002 Page I of I All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Pre-Council Meeting October 1 , 2002 The Pre-Council Meeting of the Meridian City Council was called to order at 6:00 P.M. on October 1, 2002, by Mayor Robert Corrie. Members Present: Robert Corrie, Cherie McCandless, Bill Nary, Tammy de Weerd, and Keith Bird. Others Present: Bill Nichols, Brad Watson, Ken Bowers, Brad Hawkins-Clark, Gary Smith, Mike Worley, Elroy Huff 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: Ladies and Gentleman I will open the Pre-Council Meeting on Tuesday, October 1, 2002 at 6:00 P.M. in the City Council Chambers. This time I would like to have roll-call attendance by the City Clerk please. Item 2. Adoption of the Agenda Corrie: Item 2 on the agenda is adoption of the agenda. Council is there any additions or corrections to that agenda? De Weerd: I have none. Corrie: Hearing none I will entertain a motion to adopt the agenda as written. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move we adopt the agenda as presented. Bird: Second. Corrie: Motion has been made and second to adopt the agenda. Any further discussion? All those in favor say aye. All ayes motion carried. MOTION CARRIED: ALL AYES. Item 3. Discussion of Meridian Tree Ordinance - Elroy Huff: Meridian City Pre-Council Meetilly October 1, 2002 Page 2 of 19 Corrie: The first on the agenda is Item Number 3 discussion of Meridian Tree Ordinance with Elroy Huff. Elroy. Huff: Well good evening. Does everybody have a copy of the ordinance? I didn't get any to you today. Well a few items of discussion that Bill and I have discussed a little while back on Tree Ordinance. One of them was establishing the governing body. In the ordinance it says that the Parks Commission is the appeals board to anything that comes up for that and if it goes past that then the City Council will be the final decision making body once its gone past that appeal. I know that as our city grows and gets a little bit larger there's going to be a lot of things that are going to come and go and I wonder if there are some things that could be adequately handled by Parks Commission instead of dragging every one of these things down here. I don't know how you feel about that. Also on private property issues I want to make completely clear to everyone that the ordinance does really not go to private property unless there is an issue with a danger or a hazard or a nuisance or something that will effect the public greatly in the street or something that can't be taken care of by contact of the homeowner. If they are out of town or if there is a dangerous situation that must be handled in immediate form. That's when the administrator of the ordinance, which would be the arborist, can take over and make sure that problem is taken care of in the interest of public safety. That would be the only time that would happen unless there's some kind of pest or such as an insect pest that do migrate and come through the area every so many years. We do have that we have some migrating in the northwest right now. When they come to this area, which we know they will. We don't know if it will be eight or 10 years from now. They will have a devastating effect on our current forest. There may be some time there when measures need to be taken. Sometimes those trees might be on private property if they are adversely affected to the point that they will effect the rest of the forest in the city or the forest owned by the city in the parks system in a devastating manner, those can be dealt with. Usually the homeowner is very cooperative in those kinds of cases. I've done those before and if they're not then well sometimes you just have to but I think those instances are very rare, very rare. The only other things I see in there that I think there have been a couple questions about and that's the licensing fee. There is a 25 dollar fee for licensing in there, it's not uncommon with any other Tree Ordinance in the valley. I haven't recreated, reinvented the wheel. Everything is pretty much common to everything else. Let's here, I'd like to the point where we can get it on to the regular agenda and go for Public Hearing. That's all I have. Corrie: Council any questions or discussion on the three items he as talking about? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. Meridian City Pre-Council Meetlll;; October 1, 2002 Page 3 of 19 De Weerd: Elroy the Parks Commission has looked at this and has given it their blessing correct? Huff: Yes, that's true. De Weerd: Did they raise any issues about any items, how they were written? Huff: We discussed a couple things but all in explanation those were taken care of and so they've had plenty of time to study it, since that time I haven't had any more comment on the issue. They did vote on it and approved it. They liked the way it was. De Weerd: And they didn't have any problem in their roll as an appeals board. Weill don't either. Huff: I don't mean there might need to be a little bit of training here and there just to bring them up to speed on what may happen or what may come up, so they have some kind of understanding if there is something that may need to be done. De Weerd: The copy I have is dated March 15, 2002 [think. Is that the most recent draft? I know you have been working with the attorney. Huff: No its not, there hasn't been enough change in it that you would notice a few dramatic layers, a couple things like that. That's about all that's really changed in it. De Weerd: Okay. Huff: I'll make sure you get a copy. De Weerd: Now all the other areas or cities in the treasure valley have these ordinances. How does this stand up to the other ones? Is it more restrictive, less restrictive. Are there any major differences? Huff: Council member De Weerd. There really like I say [ have not reinvented the wheel. It is a very conducive or very similar to every other ordinance from Caldwell to Nampa to Boise. It's very similar to Boise's ordinance in language. We have a little bit different deal going here then Boise does, they are a lot larger city. They have a lot more forest and right of way and issues to deal with. This ordinance as far as actually having to deal with it, we have a lot smaller forest to deal with so we have less issues to deal with but as far as being the same as -- similar to other ordinances in the valley and how it works and how its worded and how its administrated. Those things are very much the same. De Weerd: Okay I just have one last question. I know we've already asked you this before but I want to make sure it hasn't changed. One of the concerns was Meridian City Pre-Council Meetl,,~ October 1, 2002 Page 4 of 19 on this ordinance would be a time issue to staff. Will this take an extraordinary amount oftime or is this pretty (inaudible). Huff: Well no I don't think it will. I know that eventually we will get a feel for how much administration will take. I don't feel like for the size of the forest that we have here in Meridian, which is mainly the older downtown core. A lot of the new right of way stuff out further in the city, some of those right of ways come right down the back of a sidewalk, private property right the back of sidewalk. We have a lot of areas that just don't apply. Most of its downtown in here or in some of our older area. As far as administration time goes, in my personal experience in Caldwell it was easy for me to administer it, sporadically as the issues came up and I expect it to be that way here. I do spend a little bit of time on occasion with some things required out of the Landscape Ordinance. I haven't lot yet, there are some more things that I'm sure I will in the future. There will be a time I think and I don't know if it'll be three to five years from now when we may end up having enough administration to look at having a full time person on staff for that. That's a possibility, the first couple years or so I don't particularly anticipate that to happen. De Weerd: Okay that's great and we did get some of it cleaned up as far as what contradicted and trimming heights of branches that conflicted with the landscape ordinance. Huff: Yes, everything is pretty mirrored to that now. De Weerd: Thanks Elroy. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I don't know how the other Council Members feel but I think we need to get a revised one drafted and final and bring it forward to us. Huff: Sure I'll get you one. Bird: I think you've done a good job getting it going. Nichols: Mr. Mayor members of the Council. Just a reminder because there is a new fee a new permit that's included you'll need to have a Public Hearing on that fee issue. When we get it in ordinance form, which it should be relatively easy to do because Elroy has done all the heavy lifting on it. It'll need to be, you can schedule the ordinance at the same time you schedule the Public Hearing but it would need to be sufficiently in advance for the clerk to get it noticed. ( Meridian City Pre-Council Meeti.'8 October 1, 2002 Page 5 of 19 Corrie: All right very good, thank you Elroy. Any other discussion on that with Elroy? De Weerd: Mr. Mayor. Corrie: Yes. De Weerd: Question. Where did the fee come up? In the one, is that a recent addition? Huff: No its not. It's always been there. De Weerd: Cause it says that this requires a permit but no fee. Huff: It's further into the ordinance under licensing. It's been in there the whole time I haven't took it out. I might as well stay here I think I'm next on the next one. Corrie: I think you' are too. Moving right along here if Mrs. de Weerd is satisfied with the ordinance that's going to be changed here. Item 4. Discussion of Cherry Lane Golf Course Inspection: Corrie: The next one is discussion of Cherry Lane Golf Course Inspection. Huff: Thank you Mr. Mayor. I spoke with Matt Nelson in Twin Falls from the USGA. United States Golf Service about doing an evaluation of Cherry Lane Golf Course in conjunction with the (inaudible). The fee for that is about 1,900 dollars per day it's a one-day event. The recommendations for that are intended to improve the playing quality and turf grass reliability within the scope of the resources available of the individual course. There is no - its an advisory service there is no judging or they don't rate the condition of the course that's not the point. The point of the service is to improve maintenance, efficiency, and quality of the course by identifying those things that need to be taken care of in order to make it that way. We've discussed some things and I have with the Mayor about ways that we would go about handling a fee for this. Whether the city would pay for the first time one and yearly after that the golf course would pay for it each year. We may need to decide whether it needs to be done each year it may need to only be done every other year. What they consider when they do this is they study irrigation, turf grass varieties, trees, how long you have irrigation water, all the maintenance practices in the course they set a day up ahead of time and make sure everybody is there that has much of anything to do with that to get their feedback during that day, and they do a lot of this kind of stuff. When they do about 120 of those evaluations a year then they can take all that data and put it together and they do that in conjunction with the kind of weather we ! Meridian City Pre-Council Meetlh1;J October 1, 2002 Page 6 of 19 have in the area we have in this desert climate. All those kinds of things are rolled into that. When you get done with that you make specific recommendations that then Council and the leasee can decide how they want to go about taking care of whatever those things are that are identified. We like to see that that was completed before the 20th of October we'd like to do that why we still may have a little water before we get to much heavy frost that way we can see what still is active in the growing season. Those are things that they asked me to bring to you when we talked about that. I haven't been on that course very much at all I don't really know anything about it. I'm interested in learning what goes on there on a few of those issues. I think that's going to be really good. Any discussion? Corrie: Thank you we may have some right after - we would like to have Mrs. Butler. Huff: That would be fine. Corrie: Okay thank you Elroy. Butler: Joanne Butler, 251 East Front Street in Boise. I appreciate Mr. Huff calling the USGA to get an overview of what the service does and he could speak their language too so that was good. I think, we talked on the phone just briefly last week it seems like they offer a good service so again we'd ask the Council to consider that make that decision so we can go forward with the inspection. I didn't know about the 20th, that's great that would be nice if we could get it done really quickly. That's alii have to add. Corrie: Okay Mrs. Butler in our discussion you stated that you would like for the city to pay for this full day inspection the first time and then from my understanding from then after any inspections or whatever they do will be done by the Golf Course people themselves under their lease. Butler: Yes the tenants would do that. Corrie: Okay. Questions of Council? Mr. Nichols. Nichols: Mr. Mayor. Mrs. Butler is your idea, your clients idea that this USGA turf service inspection helps satisfy the annual inspection requirement under the lease or what? Butler: What we found as far as we know there was never a final inspection with the course. There were a lot of changes in the course over time. Fairways widened, fairways narrowed, different things that affected the infrastructure, and we've not found any indication a final inspection was set out in the lease that it would be done and to our knowledge that was never done. We are looking at this as sort of the first inspection, a baseline inspection, something to so that we C Meridian City Pre-Council Meeting October 1, 2002 Page 7 of 19 all understand exactly what is at the Golf Course today. It would be the kick-off inspection. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: So in conjunction with that Mrs. Butler do we need to amend the lease to reflect this language that the Golf Course leasee will then take care of these inspections after this initial one? Butler: We may need to because I don't believe that's covered and we have been through, I mentioned the last time we met, that we've been through the files to try and determine how those changes occurred over time and so I think it would be worth looking at just a kind of a overview of the lease. To see if there are some things we might want to add or modify because those are fairly old leases. Corrie: Okay Cou"ncil you have been asked to do the initial study or inspection here at a cost of it looks like 19,000 dollars. Excuse me 1,900 dollars that the city would pay for and then we would get with our attorneys and theirs and see if we can get some language about inspection of the Golf Course and taking care of any problems that arise out there. Is that correct? Bird: Mr. Mayor. Corrie: Yes, sir. Bird: I believe, I consider this as our final inspection of the Golf Course that should've been done that wasn't done when the course was refinished and so I believe it is our responsibility to pay the nineteen hundred dollars and then we can work out on the others like Mr. Nary said we probably need to go in and look at the lease and get some new wording and stuff in there covering everybody. Yeah that is a motion. De Weerd: Second. Corrie: Okay motion has been made and seconded. To have the city pay the initial fee for the inspection of 1,900 dollars and then enter into agreements of sort to continue the inspection and how it would be done and the verbiage between the attorneys and that so. Any other discussion? Hearing none, all those in favor of the motion say aye. All ayes motion is carried. MOTION CARRIED: ALL AYES ( Meridian City Pre-Council Meetir,!,j October 1, 2002 Page 8 of 19 Corrie: So Elroy if you will get with them and then the attorney so we can get that done by that timeframe. Thank you very much guys I appreciate it. Item 5. Discussion of Carol Subdivision Survey Results - Brad Watson: Corrie: Next on the agenda is the discussion of Carol Subdivision survey results, Brad Watson. Watson: Thank you Mr. Mayor, I have a hard copy of the results I am going to hand out real quickly. The week before last we had some of our staff hand deliver these surveys to the residents of Carol Subdivision along with a cover letter. These results have trickled in up until about 4:30 this afternoon we received 22 out of 48 responses. The second through six pages are responses to each of the four questions with the fifth just being general comments that they volunteered. The first question was a very basic one, are you interested in connecting to the water and sewer system? On that fairly benign question approximately 40 percent were very interested or somewhat interested the remainder about 60 percent really had no interest in connecting. The second question got into a little bit more of a conditional connection, it asked if they would still be interested of those that answered yes on the first question were they still interested if they had to annex. Of those positive responses on the first questions they were all pretty much interested. When we get to the third question which talks about connecting and either annexing or signing a consent to annex agreement, the portion of people that were interested in connecting dropped to about 20, 25 percent. There are some fairly pointed responses listed below, those were all typed in verbatim. The fourth question asked if they would be interested in connecting and trying to put together an annexation application for the whole subdivision, this kind of mirrored the first question in which there were about 40 percent that still were willing to go forward with this. The fifth spot was simply a spot where they could provide any additional feedback, ideas, and comments. From reading these and talking to many of these people over the phone the past week, the two major concerns are first annexation and there's obviously a very strong, there's a segment out there with a very strong opinion that they want nothing to do with the City. The second theme that I picked up on was the cost, and there were many, many questions over the phone, not to many that you'll see here in print but many questions about potential financing. Those hook up fees connection fees for the service stubs could run into the five thousand, six thousand, seven thousand dollar range and that doesn't even include getting the line physically connected to their house on their property. I would think with good reason that was a concern for many of them. There were a handful three maybe four people that either through their responses or their phone calls or stopping in very excited about this. They wanted the whole subdivision to annex, they couldn't wait they would do it tomorrow if they could. But those seem to be the minority, they seem to be concentrated on one / ( Meridian City Pre-Council Meeting October 1, 2002 Page 9 of 19 particular cul-de-sac as well. I can give you some to digest this or give you some time to answer any questions if you'd like. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Brad there is a lot of good information here, I guess I'm sort of back to square one when we started this discussion. What do you want us to do? Watson: The question before you is once we get done with this project do we allow people to come in submit an application and allow them to hook up to the services we've stubbed to their property line. Nary: And I guess I understand some of the bigger picture issue of that. I can't think of a legal reason why we would tell somebody no. If they were contiguous they wanted to pay to hook up to the service. We were able to service their property, I can't think of any legal reason why we would tell them no because their neighbor that's four houses away that isn't contiguous today doesn't want to. I mean I think when we had the discussion earlier we talked about all or nothing or pieces and parts. I don't know how we really can legally make it an all or nothing. I don't know if we can do anything other than pieces and parts until someone has a failed septic system that are required to hook to the sewer by Central District Health like the lady we had a few weeks ago. If this Council and the Mayor want to make a decision about annexing enclaves involuntary because it makes more practical sense from Planning and service wise, we can certainly do that but we haven't made that decision today. Otherwise, I guess I'm not sure any reason that we would tell somebody no thanks, just cause they want to and they can. Just cause there neighbors don't want to. Maybe that's just my opinion but I couldn't see any reason why we'd turn someone away who could hook up and wants to do it. Corrie: Yes Brad I agree on that. I think once we have the sewer and water there if they want to hook up they want to annex, okay. If they don't they don't. If their system goes down then they will have. I don't see any reason at this point, again like you said unless we all decide that we're going to have a mass enclaves come into the city. Politically that's good bad or indifferent at this point so that I can understand some of the people out there with the comments that I read some of them are very anxious to do it and the others said go pack sand eventually. My agreements with Mr. Nary that we've got it we put it there if they want to hook and if they want annex fine, they don't that's fine too. Council. Bird: Mr. Mayor. Corrie: Mr. Bird. Meridian City Pre-Council Meeting October 1, 2002 Page 10 of 19 Bird: That's always been our stance you know if you want to hook and annex then I agree with Councilman Nary and the Mayor. If their system and they want to hook up then to water and sewer and they want to annex then they do it. I think you take it on up base and you know, each basis of applicant and see what they want to do. I don't think we, I get this that on the percentages there's none of these that are overwhelmingly interested you know. On being annexed and having the sewer and water to them. I think we should just stay to our policy that we've had for years. If that's agreeable to you guys. Corrie: Anybody else disagree with that? Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Oh go ahead. Watson: If I could refine the question a little bit more. If a property that is not contiguous to this .city wants to connect to the city and signs consent to annex agreement. Is that still in line to what you all are thinking? Corrie: We've done it before. It would be pretty hard not to do it again. Bird: That's been our policy. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I guess the only other thing I guess Brad that I would at least put on the record. There may come a time that this Council and the Mayor with the assistance of Public Works and Planning may want to discuss that issue about enclaves and looking at our City map and it looks more like Swiss cheese everyday. Carol Subdivision isn't the only one, I mean there's lots of areas in our city that our problematic in that area and they haven't been a critical mass issue today but it might be at some point in the future. Then I think this along with those we need to have that conversation until we get to that point it probably won't hurt us to continue on with what we've done in the past with this one and allowing them consent to annex if they want to hook up now to. Corrie: Eventually they will. Okay anything else Brad. Watson: The only other question that I will be asked during the next neighborhood meeting that I have with them and I think this will be very, this will make that neighborhood very happy the decision you've given me the direction you've given me. The only other question I will be asked is if there are options ( Meridian City Pre-Council Meeting October 1, 2002 Page 11 of 19 available for financing if they do wish to hook up and either annex or sign a consent to annexation agreement. Maybe that's not something that I need turn into a bigger can of worms then this subdivision right now. I think probably at this point I will tell them that everyone when they hook up they pay the fee. If that's okay? Thank you. Corrie: Thank you. Item 6. Discussion of Waltman Lane and Corporate Drive Intersection - Mark Canfield: Corrie: The next item is the discussion on Waltman Lane Corporate Drive Intersection. Mark Canfield. Engh: Good evening Mr. Mayor, City Council. My name is John Engh and I represent the development partnership of CESCO and Arrow Development. Several years ago CESCO went under the guidance of Mark Canfield who just handed you your handouts, purchased three parcels of vacant industrial land at the junction of Meridian Road and Waltman Lane for a new CESCO John Deere dealership. After careful analysis of the market, CESCO then purchased 10 acres of properties over on Overland Road for the new CESCO headquarters taking advantage of the freeway exposure. With a capital infusion of approximately five million dollars, CESCO currently has an employee base of 60 full time Meridian's and has been in the area since 1959 and has a solid presence in the community lead by Mr. Canfield. Over the past 12 months CESCO and Arrow have evaluated the vacant parcels on Waltman and Johnson lanes and now approach the City to recognize the site in its entirety over approximately plus or minus 65 acres for future development in encompassing a combination of class A retail and commercial enterprises. CESCO slash Arrow have (inaudible) purchased additional parcels which adjoin its current holding (inaudible) Waltman Lane with a development profile to inquire seven other contiguous parcels with our ultimate goal to assemble approximately 35 to 40 acres for future development. Our timetable best case is to complete these transactions in 2003 and 2004. We approach the Council tonight to address a key factor in our development plan, simply stated, it's the access to the sight, traffic and its flow as both topics relate to the general area and the viability of a class A access to what we would consider to be a future class A sight. We have contracted with the Washington Right Of Way Group to represent our development venture and have Mr. Dave Szplitt here to speak to you on our behalf. Cesco slash Arrow has 12 months of homework completed regarding the development of the site and believes the subject property poses a dramatic opportunity for both the City and the development group to create a signature class A project with tasteful retail, compatible dining establishments and possibly a mixture of class A office. Time is limited tonight and our focus is the traffic slash access homework completed by the Washington Group. I'd like to introduce our Traffic Engineer Mr. Dave Szplitt with the Washington Right Of Meridian City Pre-Council Meeting October 1, 2002 Page 12 of 19 Way Group to briefly explain his overview. Please refer to your packet of information for diagrams, outlines and history. Szplitt: Good evening Mayor, Council and Staff. My name is Dave Szplitt, I am an engineer with Washington Group as John explained. Our task was to take a look at the traffic elements needed to develop the Waltman Lane corridor. We looked at more then just the CESCO Arrow site, we were trying to resolve the whole area wide concerns. As you folks know the current roadway plan that was developed by ACHD, which is in your packet, my first exhibit there. Does provide adequate accessibility to the site if it's going to be developed as an industrial use. Under the current assumptions that ACHD worked on back in, they started back in 98 I think or 97. The assumption was that it would develop more as an industrial use area and I had estimated approximately 8,000 daily trips would come out of that area and for that the roadway system is perfectly adequate. ACHD of course did their homework, however we also looked at the improved development potential for the corridor. Leaning more towards office use or recreation, commercial activities, and if there is a higher level of use we could expect up to 35,000 daily trips out of there. Which you can see is four times what the current roadway system was planned for. There is also a concern that if this was developed higher intensity use, whether we have adequate accessibility to the freeway interchange and visibility from Meridian Road. It is after all your entry statement to your city and we were looking at alternatives to make the roadway system work well for both parties. As I say, ACHD has already spent a considerable effort examining the Main Street Meridian Road corridors and the Meridian, Main and Central intersection, as I say their layout works just fine but as long as were restricted to lower density development. We found that we cannot adequately serve the Waltman Lane corridor if there develops at higher densities. There just isn't enough roadway, the plan that ACHD had shows that Corporate Drive would be extended there as a two lane street course there are some extra turns at the intersection signal at Main at Meridian and Main. The connection that comes off of Waltman down near the Main Street intersection is a right in and right out only intersection. You could not come off Meridian Road and turn left into there or leave this site and go North, you'd have to take the Corporate Drive extension and a two lane road way cannot handle 35,000 cars a day. The Waltman corridor will need a revised transportation system to provide direct access to that Meridian's Main and Central intersection. We think in the second graphic that I've given you. Which is the same as this large one here that we can put a fifth leg on to the intersection however it doesn't really work if all the streets are two-way streets. I've been taught many years including some of them by Mr. Little that we do not doink up intersections putting too many left turns in, then you can't do with five legs. The only way we can really have the potential to make that fifth leg work is if we change or you folks change or ACHD changed or we all change the two streets to two one way roadways. The ACHD concept would be to have Meridian Road as a one way south bound and Main Street as one way north bound that way those two streets essentially have to be as one street. Just think of it has one street as a wide center strip and then we reduce to Meridian City Pre-Council Meeting October 1, 2002 Page 13 of 19 having four approaches to the intersection. As you probably remember from the previous work, all that whole couplet concept can be conducted with very little cost. In fact I think the original plan was ACHD could even do with their maintenance staff. It's the five legged approach here the new one although its dependent on the two one way streets. It does greatly improve access to the Waltman corridor and it's the only real way that we find that you can accommodate increased level development. Okay now that I'm all done, your probably saying well what's he going to ask me for. Actually not much. We are going to say that we suggest that the City reopen the discussion of the two one way streets with ACHD, the couplet or the two one way streets is a low cost way to improve overall circulation and it is really the best or maybe the only way to support the full development of the Waltman roadway corridor. That's the key parts of my discussion. I think this might be a good time if you have questions for me the developer or their attorney. Now I'll get out of your way. I think Mr. Little from ACHD is here too, if you have questions about ACHD's overall plan. I'm certainly not as knowledgeable as he is on the topic. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I would like to hear, I don't know if Terry's had a chance to look at this plan of theirs. I'd like to see what ACHD engineers think of their plan. Little: Mr. Mayor. Councilman Bird and council members. I just heard about it the last couple days. What Mr. Szplitt I think says is pretty accurate and that if you were looking to provide the full development of that area to its maximum potential you need to get rid of the fifth leg of intersection, which does that by making the Meridian and Main Streets a leg of them selves. They basically act as one leg. That has potential we haven't looked at the, what the, that intersection would be like it has ramifications up stream certainly. Left turns - if you envision it somewhere that couplet has to end and that can be at Franklin which all the traffic would be north bound. You turn two onto Franklin and two right maybe onto Franklin and one ahead or something and there is issues regarding alignment and issues regarding capacity and different things like that. It's usually the easiest at the intersection where they come back together neatly at this end its to bad that it doesn't do that somewhere north of Cherry Lane back into Meridian and it would be a total natural but it does involve evaluation of a lot of other location s and a look at what would happen at Corporate and what would happen at Franklin at least perhaps farther up. Nary: Mr. Mayor. Corrie: Yes, Mr. Nary. Meridian City Pre-Council Meeting October 1, 2002 Page 14of19 Nary: Mr. Little we have talked about this Waltman so much. Is this exhibit that was provided by CESCO Arrow, is this the last one? I can't remember what our last discussion was as to what it was, cause they are talking about, I guess this doesn't, this isn't my recollection of what the last discussion was that it was still back at the right in right out and it was only. I thought there was still going to be left turn down Meridian Road. Szplitt: The exhibit this one is the latest exhibit. The white outline on that island there on the west side of Main Street and Meridian is an island that goes up and so there's a right turn in out, out of that new little connector from Waltman up to Meridian. I believe this is pretty accurately conveys the latest scheme. Nary: So all the lanes lets go down, from that intersection going north on Meridian road. Are all south bound? Little: No this, it's like this, this one is North bound and then the thing comes in about here and that's a right turn in out. Nary: So there concern is not that there is any left turn down Meridian Road from Meridian north of the intersection I mean South of the intersection to the north that there is only one lane? Little: There concern is you get here and you can't turn into there. We can't allow that turn because it would back into this intersection. You would have to come up and have to take Corporate around or left turn back on Meridian turn right. It doesn't have a direct. Nary: I see. Corrie: So with this they have a left turn goes into Waltman Lane right? Little: That couldn't exist with - if this is made a one way you couldn't have this left turn in, this doesn't really totally portray how this will operate, I mean this would come in this would be a one way this would be a one way. Maybe Dave would like to stand up here and help me. To make this a one way these would all be to the north. These would all be to the south. Corrie: I see okay. Szplitt: I just drew the blue in the way ACHD had their part and added the red in. Corrie: Oh okay. Szplitt: To help you sort of orient yourself. These two would change. Meridian City Pre-Council Meeting October 1, 2002 Page 15 of 19 Little: So this arrow you couldn't go across from there you would only be able to, well you could go across to here but you couldn't across there you would go North or just straight across. Szplitt: The way to think of this is one street with a really wide median. The it becomes one, two, three, four intersections. Corrie: And you could still turn off central and go on to the highway 1-84. Right? Szplitt: Yes. Corrie: Okay. Little: This would be very much like Main and Idaho Ave. Broadway, Warm Springs right in the actually its Warm Springs Idaho. They come together St. Luke's is right here. Yes Capital and University, 9th Street coming in. Exactly. This would be University and this would be Ann Morrison Drive and Capital to the Train Station. That would even be better to think of. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: For one you gentleman the north and south one way is Corporate to close to stop the one way or is it any advantage it's what, less than a half mile from that intersection. Even a quarter. Probably wouldn't do any good. Little: We looked at that as one of the last round of alternatives. I don't think it was too terrible I don't have those numbers with me. I'm trying to remember the disadvantages on that. Bird: If you throw there concept of Waltman coming out and having north and south to Corporate south on Meridian and north on Main. Terry is that going to throw to much traffic into that intersection at to many different? Little: Into the Meridian Main central? Bird: Yes and then Corporate so close. Are you going to back up traffic? Little: I think you would have to take it farther. Bird: Down to Franklin. Little: Probably at least to Franklin to get it out of the so it works. You come out Corporate, what happened. See Corporate you would either have to come across to the east side all the way over to Meridian and down or you would come Meridian City Pre-Council Meetiny October 1, 2002 Page 16 of 19 down try to get out Central. See to go north and to come out, you would be able to that from Waltman. Probably have to go a little further up at least to Franklin to make it some sense. We would have to see how those lanes fell out. It needs to be looked out more you know from a more complete. ***End of Side One*** Little: -- a bigger intersection on Meridian and Corporate then what we have. Bird: What kind of a cost addition is this that the developer is asking? Terry right off. Little: Well it depends on how extensive the thing ends up. Like Mr. Szplitt says, a lot of it you can do with any existing pavement because one way is more efficient then two way. The couplet that was looked at before that went up there required you know in the ultimate required more width on Pine Street to get traffic across it because of the conflicts and the amount of traffic circulating. It's hard to say it really depends on whether it can work without widening Meridian beyond the three lanes it is. Bird: If you go one-way south though from Franklin to Meridian you wouldn't have to widen it would you? That would give you three lanes that you go now. Little: It would be three lanes one-way. You would have more lanes then you need on Main. You would have to take the island out up there to make it work. It gets very confusing generally to try and run traffic on both sides of an island because people forget there on a way one street and they go to make an action that fits what would work on a two way street, and its very confusing so we need to corral them into a clear street section that is obvious who does what. Bird: We probably wouldn't need that wide of a road though if we take that island and move it over to the east side of the road or something so we would have some kind of a landscape coming in that corridor. Little: That's correct. You probably would need more than four lanes you have currently probably width for six out there at. Bird: I don't want to lose the landscaping we got. I don't like to lose the island but if we could move it over to one of the sides that would make --. Corrie: Mr. Nary. Nary: Could we use, and I understand what you are saying Terry about using those islands but when you are going north bound on Main Street there at Franklin at some point then you have to divert traffic to Franklin left to go west bound and as well as Franklin east bound and Main Street. ,. . ( Meridian City Pre-Council Meeting October 1, 2002 Page 17 of 19 Littl e: Correct. Nary: So I guess, I'm no engineer but it sounds like you could maybe not take out all of the islands but use some of that to then divide the traffic so that half of the traffic pattern would then flow to the left side of the island then be directed to Franklin and then to Meridian Road. The other side just staying on the right side would then be able to go up Main Street towards the center of town as well as right. Maybe there is a way to preserve some of it and not just move all of it so that we can maintain that gateway in to the city. Maybe there is a way to do that [ don't know. Szplitt: Yes that's a thought. It does lead itself to a little confusion, the person next to the island making a left turn thinking they are in the left lane. You forgot to take the left two blocks back. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: It appears that this new idea has a pretty major effect on the intersections of Franklin and Main and Franklin and Meridian that would need some. Certainly some further study on how you would move traffic then off of Franklin on to Meridian if your coming from the east going west and you want to turn south. That's a pretty short extent between Meridian and Main Street for stacking it just seems to now open this whole idea and needing a much bigger picture of how everything would be affected. I think this is on our agenda for the joint meeting. Maybe those things we can expand the look here and look at a broader picture on how this affects everything. Corrie: There's got to be a way to get people on Waltman Lane from Main Street or otherwise that whole section down there is going to be left out. That could be a good entrance area there for the city so if we can work it out then I think that would be great because I would like to see some development down there at the Waltman Lane area that's not happening right now. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I guess the other thing to with the discussion with ACHD is the timing since one of the things we talked about is the timing of Franklins widening which I think is 2004? Corrie: Franklin is 2004. De Weerd: Yes. ( Meridian City Pre-Council Meeting October 1, 2002 Page 18 of 19 Nary: 2004. I guess the issue would be whether or not if this is sooner then later then are we ripping the road up twice in the Franklin area so that the people are even more frustrated or is it something can be done somewhere close to the similar timing so that we aren't tearing the road up two different times. I guess that's just another issue to kind of lay on the table to discuss. Little: Mr. Mayor council members, Councilman Nary. I think that's a good point with regard to the project at Central, Main, Waltman, Meridian. It's 2004, that can be pushed back that's not an issue. Franklin is a one that we need to make a decision on and the design and some expensive right-of-way purchases and some construction at Main Street. Even possibly on both sides trying to accomplish what we are trying to do and save that little gas station there from having to heavy of impacts right now. We really ought to see what that would like and try to make a decision in that, that's an important one. I'd say that's a critical timeline the other one can be pushed back until we get something that we're 100 percent happy with. That's not something we're pushing forward, its critical. I think since we have a second light at Corporate there is more ways in and out of there and its providing that. It puts on hold that Waltman development to though that's the problem'- Corrie: That's the only thing that concerns me at this point. Cause there is some good things can be done. Really, really good. Other then having that sand pile sitting there. Okay. All right. Okay. Council do you have any other questions of the CESCO Group or Washington Group? Bird: I have none. De Weerd: Does our staff? Corrie: Staff do you have any comments at this point? Steve. Siddoway: I'm just pointing out that, to Mr. Canfield that this project, this intersection is in this proposed Urban Renewal Area, or actually is in the Urban Renewal Area that was adopted and is affected by the Meridian Revitalization Plan. I was just suggesting to Mr. Canfield it would be a good idea to get him in front of the MDC board for this discussion as well so we can get that boards input. Corrie: Good point. We will do so. Okay. Any other comments. Canfield: Mr. Mayor, council members. Mark Canfield, 2000 East Overland Road Meridian. I just wanted to say I am a resident of the area and have been all my life and I think Meridian direly needs a gateway statement to the city. What we could develop there would be a definite enhancement for the city and we would hope we could work collectively and try to wind up with a project that makes everybody proud of the city that we live in here. ( Meridian City Pre-Council Meeting October 1, 2002 Page 19 of 19 Corrie: I do too I really do too. Thank you. Anyone else that's with that group. Okay very good. Thank you for coming tonight. We will work together and see if we can't get things moving on this for you. Council that does end our discussion for the Pre-Council Meeting. I will entertain a motion now to close the Pre- Council Meeting. Nary: So moved, Mr. Mayor. Bird: Second. Corrie: Motion has been made and seconded all those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:00 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: () ,; llc:;;-~\ ~i~D. CORRIE, MAYOR /1/6 / &2- DATE .:::: Meridian Parks & Recreation , , Memo Srp I .9 1001 To: From: Date: Re: Mayor Corrie Elroy Huff September 19,2002 Meridian Tree Ordinance [ have spoken with Bill Nichois about a few concerns he has on the Tree Ordinance. 1. Homeowner's responsibility on right-of-way landscape. 2. Authorizing an Appeals Board. 3. Registration fee to the City of Meridian yearly. I would like a few minutes on a Pre-Council Agenda to talk about these items in order to make the possible changes if necessary. wdJ- rrI- I~~ a-~~ ~/- p~~ ..... ~o ~ 2.. /0:/5- ff/t-'- . j; dJ 1/t7~.- f ~ -/O/t! /L(I.YV ~-.... ~~-rt.d -:/.~I P'/J1 ht f!u-e w"J.J 'b; I->-'- /0) PAt e-...'-" ~ ~ ( USGA~ United States Golr Association Green Seetio n, Northwest Region PO Box 5844, Twin FaUs. ID 83303 T 208 732.0280 F 208 732-0282 www.usga.org August20,2002 RECEIVED AUG 2 2 2002 Ms. JoAnn Butler Spink, Butler, Clapp 251 East Front Street, Suite 200 Boise, ID 83702 SPINK BUTLER CLAPP, LlP Dear Ms. Butler: Pursuant to your recent inquiry, please find enclosed information regarding the USGA Green Section Turf Advisory Service (TAS). Since 1953, the USGA Green Section agronomists have provided on-site consultation to thousands of golf courses across the United States. Ouf recommendations are intended to help improve playing quality and turfgrass reliability within the scope of resources available to the individual golf course. We by no means rate or judge the condition of any course, but rather try and help improve the maintenance efficiency and playing quality of the course. The strength of our service comes from information gathered from the 120 or so golf courses each agronomist' visits per season. This practical information is supported by current research results from leading university and industry researchers, of which the Green Section has provided significant funding. The TAS service is available at the following subscription fees. Fees collected from subscribing clubs offset our actual costs by approximately 50%, with the remaining costs subsidized by other USGA programs. OUf service is satisfaction guaranteed, and we sincerely believe that the cost of the service will be .recovered by the club through improved efficiency and playing quality. Half-day TAS Paid before May 15, 2002 Paid after May 15, 2002 $1,100 $1,400 $1,600 $1,900 Full day T AS Paid before May 15, 2002 Paid after May 15, 2002 II') addition to the Turf Advisory Service, a significant portion of your subscription fee is used to sponsor important turfgrass research projects at many leading Universities. To date, sponsored research projects have produced numerous improved turfgrass varieties and identified maintenance practices that protect the environment in which all golfers live. With your support, the USGA has been able to provide over $20,000,000 for research since 1985 and is committed to continuing its support in the face of many new challenges that confront the turf industry in the new millennium. In closing, the goal of the Turf Advisory Service is to share valuable information regarding turfgrass maintenance practices with subscribing courses. To this end, I look forward to visiting at your request and being of service in whatever way possible. If you would like to schedule a visit during a particular time of the .year, please note it on the enclosed information form or feel free to contact my office in Twin Falls, Idaho at (20B) 732-0280 in addition to mailing your Turf Advisory Service fee to Golf House in Far Hills, New Jersey. Please share this information with club officials so that they are aware of this service from USGA. J am looking forward to the opportunity to work with your golf course and h1elp provide better turf for better golf. Sincerely, :... . . ......; . .;' Matthew C. Nelson Agronomist, Northwest Region 1/ United States Golf Assoc~udon Green Section Northwest Region P.O. Box 5844, Twin Falls, ID 83303-5844 T (208) 732-0280 F (208) 732-0282 USGA~ I. 2002 CLUB INFORMATION FORM So that we may have accurate information about your club, please complete and fax this form as soon as possible to the above fax number. Please print or type. Full Name of Club/Course Address (street or box) Post Office (box #) City Clubhouse Phone ( ) Golf Course Superintendent Supt. Phone ( ) Supt. Home ( ) President General Manager Green Chairman Pro Name Assistant Superintendent Assistant Superintendent Other Other Other State Zip Clubhouse Fax ( ) Supt. Fax ( ) Supl E-Mail Pro Shop Phone ( ) Title Title Title Application authorized by: Title: Date: Please provide billing information if different from club address. 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"" ~'6 ~'a g.g e &,2 -B 'E ~ 8' ~ ~ ~ 0 v.I fII ;::. u en A.~. tI:l..... 0 q,l ~ I/) (\) u 'E (\) en ~ o tI) .~ "d < ~ ~ .VI_ 0"0 ~ .g~g]s.;~ "tj3~~~~ ~ ~ ~ ~ g ~.~ ,8 ~ ~ 5 ~ ~ ~ s : ~ ~ e ~ ~] ~ 5,~ i~ ~ ::: .-.<: i:l Q, "" I:: .. olJ ".0 ;;' c (:l .<: t.:J~vg~.::J~~li1S!ao;g:E l1~o"uU::-!3olJ-S"" olJc " :;jP ~~~'[~~'€ ~i~ ~~fi~ >. ~ I'I:l -bO to'! ,fJ -:S ~.a nl ;:: u UI ~- ;;i:ls~.a~1!Jj~ ~ & ~ ~ !'t "",~ ~ ~ ~ ~ E ~ ~ g;o~ ~ 'E i:l~t~~~~]~ g ~ 0"01-1 t:: id ~ 4.1 ~ ~ 8 ~ '5, g tV RI ~ .~ '0 t '" u -S " ~ ~ ""~ t:l:gsap:;;j '5.." f1""~",_",, :;j'e ~i;,gfi5fi o",::l~oS~ '~olJ. ~ ~ r,..~ .:: 1.:: g;, &~ C .S '" 'E' g..Vi"g ~ 8 5 ~~B:::~ ~o""v ~ . it>' !>!~I ~~ ~ API hII ~-Jr <Ue . \\ " '-. \ \' \ \ \ Matthew C. Nelson Agronomist. Northwest Region United States Golf As5ociation Green Section PO ao~ 5844. Twin Falls, ID 83303 T 203 132-0280 F 208 732-0282 mnelson@usga.org WNW.usga.org UnIted States Golf AssocIation Green Section, Northwest Region PO Box 5844. Twin Falls. ID 83303 T 208 732-0280 F 208 732-0282 www.usga.org August20,2002 RECEIVED AUG 2 2 2002 Ms. JoAnn Butler Spink, Butler, Clapp 251 East Front Street, Suite 200 Boise, ID 83702 SPINK BUTLER CLAPp, LLP Dear Ms. Butler: Pursuant to your recent- inquiry, please find enclosed information regarding the USGA Green Section Turf Advisory Service (TAS). Since 1953, the USGA Green Section agronomists have provided on-site consultation to thousands of golf courses across the United States. Our recommendations are intended to help improve playing quality and turfgrass reliability within the scope of resources available to the individual golf course. We by no means rate or judge the condition of any course, but rather try and help improve the maintenance efficiency and playing quality of the course. The strength of our service comes from information gathered from the 120 or so golf courses each agronomist visits per season. This practical information is supported by current research results from leading university and industry researchers, of which the Green Section has provided significant funding. The TAS service is available at the following subscription fees. Fees collected from subscribing clubs offset our actual costs by approximately 50%, with the remaining costs subsidized by other USGA programs. Our service is satisfaction guaranteed, and we sincerely believe that the cost of the service will be recovered by the club through improved efficiency and playing quality. Half-day T AS Paid before May 15,2002 Paid after May 15,2002 $1 ,100 $1 ,400 $1,600 $1,900 Full day TAS Paid before May 15, 2002 Paid after May 15, 2002 In addition to the Turf Advisory Service, a significant portion of your subscription fee is used to sponsor important turfgrass research projects at many leading Universities. To date, sponsored research projects have produced numerous improved turfgrass varieties and identified maintenance practices that protect the environment in which all golfers live. With your support, the USGA has been able to provide over $20,000,000 for research since 1985 and is committed to continuing its support in the face of many new challenges that confront the turf industry in the new millennium. In closing, the goal of the Turf Advisory Service is to share valuable information regarding turfgrass maintenance practices with subscribing courses. To this end, I look forward to visiting at your request and being of service in whatever way possible. If you would like to schedule a visit during a particular time of the year, please note it on the enclosed information form or feel free to contact my office in Twin Falls, Idaho at (208) 732-0280 in addition to mailing your Turf Advisory Service fee to Golf House in Far Hills, New Jersey. Please share this information with club officials so that they are aware of this service from USGA. I am looking forward to the opportunity to work with your golf course and help provide better turf for better golf. Sincerely I , to- " +". . .\ ' .'......: . Matthew C. Nelson Agronomist, Northwest Region United States Golf Association Green Section Northwest Region P.O. Box 5844, Twin Falls, ID 83303-5844 T (208) 732-0280 F (208) 732-0282 USCiA~ 2002 CLUB INFORMATION FORM So that we may have accurate information about your club, please complete and fax this form as soon as possible to the above fax number. Please print or type. Full Name of Club/Course Address (street or box) Post Office (box #) City Clubhouse Phone ( ) Golf Course Superintendent Supt. Phone ( ) Supt. Home ( ) President General Manager Green Chairman Pro Name Assistant Superintendent Assistant Superintendent Other Other Other State Zip Clubhouse Fax ( ) Supt. Fax ( ) Supt. E-Mail Pro Shop Phone ( ) Title Title Title Application authorized by: Title: Date: Please provide billing information if different from club address. Bill to: Address: City: State: Contact Name: Phone ( ) Zip: Fax ( ) Please remit payment directlv to: United States Golf Association, Accounting Department, PO Box 708; Far Hills, NJ 07931-6708 Please indicate below the type and # of visits to be scheduled: PAY BEFORE 5/15/02 FOR $300 DISCOUNT: Half-day vlsit(s) at $1,100 Full day visit(s) at $1,600 NO DISCOUNT IF PAID AFTER 5115102: Half-day visit(s) at $1,400 Full-day visit(s) at $1,900 48 SURVEYS I 22 RETURNED (460k) South Slough Water & Sewer Project Carol's Subdivision Questionnaire RECEIVED OCT - 1 2002 CITY OF MERIDIAN BackQround Infonnation Current Water & Sewer Assessment (Connection) Fees: $1580 sewer $704 water Proposed Water & Sewer Assessment Fees (approximate only - subject to change pending City Council review and public hearing) $2424 sewer $1382 water Monthly Sewer User Rates: $4.07 + $2.78 per 1000 gal water use (based on winter average, December through March) $3.48 + $0.98 per 1000 gal water use Monthly Water User Rates: Annexation Application Fees: 1) 1 acre or less - $550 2) >1 acre - $550 plus $15 for each additional acre or portion thereof. 3) Staff prepared Consensual Annexation Application for properties receiving water & sewer service - $1100 plus $15 for each additional acre or portion thereof. Annexation Information · In order to annex to the City of Meridian, the property must be contiguous, or abut, another parcel or lot that has been previously annexed into the City. · The annexation process includes submission of an application to the Planning & Zoning Department. A public hearing before the Planning & Zoning Commission is then scheduled. The Commission's recommendation is then sent to City Council for another public hearing after which the Council either grants or denies the application. Generallnfonnation · The Central District Health Department will not likely issue a permit for septic system replacement if central sewer is available to the property. · For properties to which service is approved, they may not connect to only one or the other City service. Connection must be made to both water and sewer. · Existing wells may continue to be used for irrigation only. Construction Schedule (all dates subiect to chanoe) · Receive and open bids September 25 · Begin construction approximately November 4 (beginning point approximately 1/4 -mile west of Carol's Subdivision) Contact Infonnation Please feel free to contact Brad Watson at the City of Meridian Public Works Department if you have additional questions or need clarification regarding this project. You may also examine the construction plans at the address listed below. Phone: 898-5500 Email: watsonb@meridiancitv.orQ Fax: 887-1297 660 E. Watertower Lane, Suite 200 (northwest comer of Watertower and Stratford) Page 1 of 1 TOTAL NUMBER OF RESPONSES: 21 1. Are you interested in connecting your residence to the City of Meridian water and sewer system as soon as the City project is complete? 5 (24%) Very Interested 4 (19%) Somewhat Interested o Neutral 1 (5%) Somewhat (Ois-)Interested 11 (52%) No Interest Comments: *Really want to hook to sewer, not that interested in water, but since you said have to do both would do both as long as water was home use only. Irrigation still on my well. *1 am very happy with my well and septic system. I see no reason to be a part of the city. *1 do not want both water and sewer. I would only be interested in the sewer. *Why would I wanfto do this? My property was zoned for septic and well, this does nothing for me, but cost me money. *We currently have our own well & sewer system. We do not need Meridian Water and Sewer. *Sept 2001 District Health had me replace my drain fields for a construction project. They indicated to me that it would be several years before service would be available. *Been waiting Page 2 of 2 OF THOSE ANSWERING INTERESTED/SOMEWHAT INTERESTED: 9 2. If you answered "very interested" or "somewhat interested" in Question 1J would you be interested in connecting to water and sewer if you were required to annex to the City? 2 (22%) Very Interested 4 (56%) Somewhat Interested 1 (11 %) Neutral 1 (11%) Somewhat (Dis-)Interested o No Interest Comments: *Either wa~ if we are annexed or not, would only want to annex IF we could do annexation proceedings at the cost to the entire subdivision of $1375/49 = $28.06 per household. *Don't want annexed into the city-very pleased with Ada County SeNices *1 don't need city water or sewer. We have our own well and septic system. This will only increase our cost of living. */s this really abouf the installation of sewer and water lines or annexation? Page 3 of 3 TOTAL NUMBER OF RESPONSES: 21 3. Would you be interested in connecting to water and sewer if unable to annex but were required to sign a Consent to Annexation agreement? A Consent to Annexation agreement requires the property to be annexed when contiguous to another lot or parcel that is within City limits. 1 (5%) Very Interested 4 (19%) Somewhat Interested 1 (5%) Neutral 3 (14%) Somewhat (Dis-)Interested 12 (57%) No Interest Comments: *Cost is major factor. Although don't really mind annexation, don't like the cost if me of the city did it alone. *1 am only interested in connecting to the sewer & water when they are brought down Leslie Drive. I am not interested in annexation unless it is forced on us. *1 do not want to annex and will not voluntarily do so. *We do not need Meridian water and sewer. Sounds like annexaUon will happen like it or not. We will have to bear the costs. *Is this really about the installation of sewer and water lines or annexation? I want to know a GOOD reason why this annexation question is even part of the sewer and water. Just a little friendly extortion? *1 believe my property to be contiguous to City limits already Page 4 of 4 TOTAL NUMBER OF RESPONSES: 22 4. Allowing individuallot-by-Iot annexation leads to the creation of non-annexed enclaves within the subdivision because some lots may not choose to annex. Further, one annexation application for the entire subdivision would require substantially lower fees than if individual lots submitted applications. An enclave is a parcel, or small group of parcels, that remain outside the City and are surrounded on several or all sides by properties that have been annexed Into the City of Meridian. This situations leads to some lots being served by the Ada County Sheriffs Department while the annexed property next door is served by City of Meridian Police. The same eXists for the sanitation (garbage) service. Examples If prepared by property owner: 49 individual annexation/zoning applications x ($550 + $15) = $27,685. If prepared by City of Meridian: 49 x ($1100 + $15) = $54,635 Entire subdivision annexation/zoning application: $550 + (55:tAcres x $15) = $1,375 Would you favor annexation of the entire subdivision at one time to avoid non- annexed enclaves within the subdivision and allow water and sewer connection only after annexation of the entire subdivision? 5 (23%) Strongly Agree 3 (14%) Somewhat Agree 2 (9%) Neutral o Somewhat Disagree 12 (55%) Strongly Disagree Comments: *Depends on if can get sewer & water without annexation. If can would take sewer and water until all want to annex. If can't would wait to get sewer and water once annexed. *We are not interested in connecting to Meridian City sewer and water and we definitely do not want to be annexed to the City of Meridian. *1 would want to begin water and sewer services ASAP. *This is not fair to the individual who may be unable to bear the costs associated with water, sewer and annexation. */t would be a lot less expensive if the whole subdivision annexed at the same time.. .but I still could not afford the connection fees. *Annexing a 49 home subdivision in increments seems stupid. No annexation preferable *If there was no way to avoid being annexed, it would make sound financial sense to annex the entire subdivision-but only if there was no way to avoid being annexed. *Only if not required to hook up to sewer at time of annexation. Page 5 of 5 TOTAL NUMBER OF RESPONSES: 15 5. Please feel free to provide any additional feedback, ideas or concerns regarding this project. *Main concern is cost. If my calculations are right my cost for annexation and water and sewer just to property line would be $3350 to 5400. To get to the house probably add another $1200. So total cost our of pocket $4500 to 6600. Don't have that just around in checking and savings. Is there anyway the connection fees and service lines fee can be put on a LID or installment payment or other financing ??? *Traffic onto Eagle will be dangerous during the 150-day construction period. How will that be addressed? *We want to remain in the county. We do not want city sewer and water, * I woufd guess that everyone in this subdivision would pay to hook up to the sewer- however how many also want to pay a plumber to separate water lines for drinking and irrigation - I don't. I also doubt that many want annexed into the city - taxes go up and the services don't. *We have no in'terest in annexation of Carol's Subdivision, either in whole or in part. We would be interested in connecting to water and sewer only if required to do so upon failure of our septic system, which is relatively new. *ff you would like to discuss with me, Please call me (listed phone numbers). *Project was presented to us - that no use of the sewer would be utilized unless in emergency!! We do not have an emergency now. *This is only a ploy to extend Meridian's boundaries and expand the tax base. This will cause an enonnous financial burden on all property owners, especially those on fixed incomes. *1 think it's all a great idea - but. .. We are a 2 Middle-income family -living on the fringe of a richer neighborhood. There is no way we could afford 5-6K or at this point even make payments on a loan for that. Sorry! If you have any great ideas, we're open to listening! *1 have no desire to be annexed into the City of Meridian. The only reason I voted to do the Sewer and Water at the same time was to minimize the amount of disruption to the roads in my neighborhood. At some point in the future, annexation may be required; but I do not feel this is the time. Please do your work as quickly as possible and move on; leaving us a peaceful little enclave in the midst of an otherwise, painfully growing suburban sprawl. *1 am not interested in sewer and water after having rebuilt my system (4000.00) last year. If annexation requires hooking up to water and sewer, I oppose annexation. *We do not need sewer & water! "I will connect when ava;lable and wHl welcome annexation Page 6 of6 *1 am happy to see the sewer and water go into Carol Subdivision. I would think it best and most economical to annex the complete subdivision at some future date (4- 5 years) as we will be surrounded by the City and using all city selVices. At that time we could choose to hook up. *00 sewer hookups connect to existing sewer pipe to septic tank (in my case in the rear of the house)? Page 7 of 7 Question VI % 51 % N % 51 % NI % TOTAL 1 5 24% 4 19% 0% 1 5% 11 52% 21 2 2 22% 5 56% 1 11% 1 11% 0% 9 3 1 5% 4 19% 1 5% 3 14% 12 57% 21 4 5 23% 3 14% 2 9% 0% 12 55% 22 Total Survey 48 Total Responded 22 Percentage 46% MerIdian' Jerome. Bellevue September 30, 2002 acr - 1 2302 CITY OF MERIDIAN . 2000 E. Overland Rd. Meridian, 10 83642 208-888-3337 fax 208-888-3088 www.cescoequip.com Mr. Robert D. Corrie Mayor City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Dear Mayor Corrie and City Council Members: CESCO and its Development Partner Arrow Development, thanks you in advance for the opportunity to address both your office and the council itself. As we discussed in our meeting with you this past summer, CESCO/Arrow owns five parcels ofland at the junction of Waltman Lane and Meridian Road. Subsequently the partnership would like to develop the property to its highest and best use with the support ofthe City Council and patronage by local residents. . On this mission to assemble additional properties, our vision is to ultimately create a gateway to the city of Meridian which boasts the latest in retail design, architecture and access. The transformation of the current vacant parcels into viable businesses is the road map to economic success for both the City and the CESCO group. CESCO has assembled a team of development professionals to work on this project which we would like to introduce tonight whom are: Ms. J oAnn C. Butler Attorney at Law 251 E. Front Street, Suite 200 Boise, ID 83702 Phone: 208-388-1000 Ms. Butler will handle all development agreements, title, easement and access issues as they relate to assembling the Waltman parcels and entitling the project, for a master retail use. For traffic, access issues, engineering, design, design review and implementation, CESCO is proud to be associated with: Washington Infrastructure Services, Inc. Mr. David B. Szplett 720 Park Blvd. Boise, TD 83729 Phone: 208-386-5086 NOlhin~ Runs Like A Deerel!J Page 2 September 30,2002 The Washington Group was contracted to represent the Development four months ago to review the Ada County Highway Districts street, access and traffic management plan as it relates to E. 1st Street and Meridian Road with Central Drive, Corporate Drive and Waltman Lane. Mr. Szplett will be delivering tonight an alternate plan to the current ACHD street access design which the CESCO group endorses. Mr. Szpletts' access plan is both visionary and practical, without its implementation the site cannot be developed to its highest and best use, which we believe is a retail application. The CESCO group believes the future of the Waltman Lane development lies first in the creation ofa Class "A" access to a Class "A" site. This access is defined by the Washington Groups design of a dedicated Meridian Road left turn intersection which creates logical access to the consumer who will patronize the future retail project. (Please see Washington Group drawing) The current loop design which ACHD has posted as an access alternative creates a "future development" that you can see but you cannot get to without a map. What hangs in the balance' while we study and debate access and future development for the Waltman - Johnson Lane parcels, is that this geographical area of Meridian is the true gateway to the City. Currently, posting no positive identity and zero productivity to the owners and the City. Ifwe can solve the access issues with your help, then the CESCO group can commit the funds and expertise to assemble additional properties and design a premier retail project for the site. Without a dedicated left turn access off Meridian Road north, and a redesign of I st Street, Main Street, Central Drive, Waltman and Johnson Lane, the site will remain unproductive to both the City of Meridian and the landowners. This opening letter has behind it many discussions, site drawings, and schematics all associated with volumes of homework. Our intention tonight is to focus on the access to the site and the impact it will have on the future developments. We are available to meet with you individually or as a group to further discuss our efforts and vision. Respectfully Submitted, CESCO Arrow Developmellt Mark C. Canfield President Phone: 208-888-3337 John Engh Philip Laulhere Partner Phone: 208-884-1155 Washington Washington Infrastructure Services, Inc. Traffic Elements of the Arrow/CESCO Development Concept Washington Infrastructure Services 1. Issue: How best to provide for the development potential along Waltman Lane? · Current area-wide roadway plan accommodates light industrial land uses · Connectivity/accessibility are acceptable · 8,000 daily trips as light industrial development · Roadway network will need expansion to accommodate higher intensity land uses · Connectivity/accessibility are inadequate · 35,000 daily trips 2. Arrow/CESCO'Development Concept: · Higher intensity land use · Additional volume of vehicle trips · Require improved accessibility and entry statement 3. Proposed Approach: · ACHD has already examined the Meridian and Main corridors and the MeridianlMainlCentral intersection. · Their layout works fine with the low-density land use plan. · But can't get serve the Waltman corridor under higher intensity development. · No direct access to from 1-84 interchange to Waltman conidor · Waltman corridor needs a revised transportation system · Provides direct corridor access to Meridian/Main/Central · But, need one-way MeridianlMain corridors to make it work (eliminates a five-legged intersection) · Little additional intersection cost · Improves access to the corridor · Allows full corridor development Washington Group Intemational, Inc. - 720 Park Boulevard - P.O. Box 73 _ Boise. ID USA 83729 Phone: (208) 386-5000 . Fax: (208) 386-6050 ( (' , " /:" : '/~i 'I: "-::s./ I I ',', " r~)\ ' " ~, !' nlJ . I' , . ,'I t IUl j l i?i : I ~I~il" I! II' I I: 'II !i Ii It I' :1 It II II ~~_TT.<j \\~ ; ~ Ii '! ~ ) ! 'I I~, ! ! ')':., I ' / I /1/ /11 /,,'// .//1 / .- f -I I " 5' hAVE. ii i !!~ il...J '.-'~~i: / .~ 7> z---- "'._<<~ ay.Ql8lVKll~~~_ _ .,r:i'r' ~ j ;/ !! 1/ ! l - i, i I Ij' ~ ; II....... i;~! !Ie' i t ~_::: i 'I :1. g ~ i:\ ~ ~ z ::; .. i;j ~ ,:_~ - , w ~ < u ~ -- I~ Q ~ 1m w iiL, li~l! ,... , --7::::::: Ii I: ~~ I: I! "'... Ii ili ;~ I' I' II II II )1 j: t q j I: Ii, ~ , I ~!) '\. -.... [, I .~i I~I IU! i~i lEi' l...e'. il'''jl 'I . 'I I: ----===- ___ I ,: /~ ,::------ _____ j~ ;.;;{n: ,. ,c l ~ ;. iJ r~ tiffi' \ ...0.. ~~ ...... '"'0 j;!,.. :::lID ... ..----:... " ,,- -- ----- / :;=::==~-_::----1 ! Ii il ....1. k' ./ (l/ ) .Iii ~ ~ Uj' l:i , M... ~~, Ii ...... w w C:::: I- U') ~ w ~ zO 01- tnw z> w - I-C:::: ><0 W-l >~ C::::z Ow wU ~I oti:i 0.. w e:::: C:::: ot/; u_ - (f) .-- t;; <( w - z <( ::E .;- ~ o <( o !X: Z <( o !X: l1.J ~ ( PROHIBITED MOVEMEf\4IS I. LEFT TURN FROM WALTMAN LANE TO MERIDIAN ROAD 2. RIGHT TURN FROM MAIN STREET TO MERIDIAN ROAD VI AL TMAN LANE a <{ o 0:: z <r is 0:: l1.J ~ Figure 1 Proposed Alternative 1 Waltman Lane Access Study f L. ** TX CONFIRMAT"iLiN REPORT ** { ( AS OF OCT 04 'di;'13: 13 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MtN/SEC PGS CMD~ STATUS 06 10/04 13: 12 Laure 1 EC--S 00' 2S" 001 091 OK ------------------------------~--------------------------~------------------------~--------- MAYOR Robert D. COITI~ '? UaBe.. 'VO~ toy 'Pu-b-~G ~.. o{;GC1TYOF ~"'. . -- - - ..." erldian J. '- \ J ltMHO t 'u.. .-1Vll)A1 ts ( CITY COUNCIl.. MEMBERS Tammy deWeerd WiJli~m L. M. N;uy Cherie McCandless Keith Bird " LEGAl. DEPARiMENT (208) 288.2499 . F~~ 288.250 I PARKS iJl. RECREATION (208 888.3579 . Fox 89R.550 I PUBUC WORKS (208) 898.5500 'F~~ 887.12~7 \!U1LOING DE!>A.RTMENi (208) 8U7.22I [ . Fu 887.1297 PLANNING AND ZONING (208) 884.5533 . F~l< 888.6854 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) October 1) 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 Meridian Tree Ordinance - Discussion of Cherry Lane Golf Course Inspection - Discussion of Carol Subdivision Survey Results - Discussion of Waltman Lane and Corporate Drive Intersection The public is welcome to attend the meeting. DATED this 2711'I day of September, 2002. 33 EAST IDAHO. MERIDIAN. IDAHO 83642 (208) 888.4433 . Fll;( (208) 887-4813 . City Clerk Office F3.J; (208) S88-4218 . HumllJ1 Resources FQx (208) 288-1193 P LeJ1Bt. tp oS1: -JDr ?1Nb-Uc.. 1U:fD' Q. .- -r~k-~ ! CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, October 1, 2002 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Discussio~ of Meridian Tree Ordinance - Elroy Huff: 4. Discussion of Cherry Lane Golf Course Inspection: 5. Discussion of Carol Subdivision Survey Results - Brad Watson: 6. Discussion of Waltman Lane and Corporate Drive Intersection - Mark Canfield: Meridian City Council Agenda - October 1, 2002 Page 1 of! 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 pubtic meeting. ** TX CONF\: ITlON REPORT ** AS OF /:. t l SEP 27 '0;'..;;:: 47 PAGE.lal CITY OF MERIDIAN DATE TIME TO/FROM MODE: M1WSEC PGS CMDjj STATUS 02 09/27 12:31 2083757154 EC--S 00'18" 001 094 OK 03 09/27 12'32 8950390 EC--S 01a'18" 001 12194 OK 04 09/27 12:34 208 387 6393 E"C--S 130'213" 0131 1394 OK 135 09/27 12:35 ADA CTY DEUELMT G3--5 130'39" 001 094 OK 136 09/27 12:36 CHERRY LANE EC--S 00'213" 1301 lil94 OK 1?l7 09/27 12=37 POST OFFICE EC--S 00'25" la01 094 OK 08 09/27 12:38 21?l8 888 1983 G3--5 00'27" 001 094 OK 09 139/27 12:39 ID PRESS TRIBUNE EC--S 00'213" 001 094 OK 10 09/2'7 12'41?l 208 88S 5700 EC--S 00'20" 001 e94 OK 13 09/27 12:45 Lau~el EC--S e0'21" 001 094 OK 15 09/27 12:47 CHERIE MCCANDLES EC--S 00'22" 001 094 OK ~------------------------------------------------------------------------------------------- 'P LeQ&. <POSt JOt'" ?u..b-Uc.. lurri c.e... - -rh.Mt~~ ! CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, October 1,2002 at 6:00 p.m. City Council ChambQrs 1. Roll.call Attendance: _ Tammy de Weerd Sill Nary Cherie McCandless Keith Bird _ Mayor Robert Corrie- 2. Adoption of the Agenda: 3. Discussion of Meridian Tree Ordinance - Elroy Huff: 4. Discussion of Cherry lane Golf Course Inspection: 5. Discussion of Carol Subdivision Survey Results - Brad Watson: 6. Discussion of Waltman Lane and Corporate Drive Intersection - Mark Canfield: Mondi." Ci'Y Council Ag<nw- O<lobcr I, 2002 P". I of I All m:u<ti~I$ pres"'todat l"lblio m<<lins< .\wI ho<o.... proporty .flho Cily ofMoridiu.n. Any.no d"iriD!: ....mmod#ti.n f<< diSlIbiliti.~ rtlaledl" do"""",,,,,, lIlIdI... howin&< pI.... ""'1>l<llh. City Cl.,k". om"" "'- ~81l-44>3 u 1= 4$ hQun pri.n. U,. public rorninjl. c ** COMMUNICATIONS REPORT ** AS OF SEP 27 '02 13:16 PRGE.Ol CITY OF MERIDIAN TOTAL PAGES TOTAL T I ME SEND 0069 SEND 000, 23' 15" RECEIIJE 0000 RECEI IJE 000,00'00" DATE TIME TO/FROM MODE MIN/SEC PGS CMoo STATUS 01 09/27 12:30 CHRMBER-COMMERCE ----S 00'00" 000 091 BUSY 02 09/27 12:31 2083757154 EC--S 00'18" 001 094 OK 03 09/27 12:32 8950390 EC--S 00' 18" 001 094 OK 04 09/27 12:34 208 387 6393 EC--S 00' 20" 001 094 OK 05 09/27 12:35 RDA CTY DEIJELMT G3--5 00'39" 001 094 OK 06 09/27 12:36 CHERRY LANE EC--S 00'20" 001 094 OK 07 09/27 12:37 POST OFFICE EC--S 00'25" 001 094 OK 08 09/27 12:38 208 888 1983 G3--S 00'27" 001 094 OK 09 09/27 12:39 ID PRESS TRIBUNE EC--S 00'20" 001 094 OK 10 09/27 12:40 208 888 6700 EC--S 00'20" 001 094 OK 11 09/27 12:42 PUBLIC WORKS UF--S 00' 40" 003 095 OK 12 09/27 12:43 2088881193 EC--5 00'51" 003 095 OK 13 09/27 12:45 Lau~el EC--S 00'21" 001 094 OK 14 09/27 12:46 8841159 EC--S 00'52" 003 095 OK 15 09/27 12:47 CHERIE MCCANDLES EC--S 00'22" 001 094 OK 16 09/27 12:48 2088840744 EC--S 00'52" 003 095 OK 17 09/27 12:49 2088467366 EC--S 00' 52" 003 095 OK 18 09/27 12:51 208 898 5501 EC--S 00' 51" 003 095 OK 19 09/27 12:52 LIBRRRY EC--S 01'06" 003 095 OK 20 09/27 12:54 92083776449 EC--S 00'51" 003 095 OK 21 09/27 12:55 208 388 6924 EC--5 01'05" 003 095 OK 22 09/27 12:57 2088886854 EC--S 00'51" 003 095 OK 23 09/27 12:59 8950390 EC--S 00'50" 003 095 OK 24 09/27 13:01 208 387 6393 EC--S 00'51" 003 095 OK 25 09/27 13:02 ADA CTY DEIJELMT G3--S 01' 42" 003 095 OK 26 09/27 13:04 CHERIE MCCANDLES EC--S 01'06" 003 095 OK 27 09/27 13:06 CHERRY LANE EC--S 01'06" 003 095 OK 28 09/27 13:08 POST OFFICE EC--S 01 '28" 003 095 OK 29 09/27 13:10 208 888 1983 83--S 01' 13" 003 095 OK 30 09/27 13:12 ID PRESS TRIBUNE EC--5 00'52" 003 095 OK 31 09/27 13:13 208 888 6700 EC--S 00'51" 003 095 OK 32 09/27 13:16 PUBLIC WORKS UF--S 00' 15" 001 100 OK / i ** TX CONP,. ,TJON REPORT ** '.< DATE TIME TO/FROM 21 69/27 12:19 3816166 22 69/27 12:20 PUBLIC WORKS 23 69/27 12'20 2088881193 25 69/27 12: 22 8841159 26 69/27 12:24 2688840744 27 69/27 12:24 2688467366 28 69/27 12:25 208 898 5501 29 09/27 12: 27 LI BRARY 30 09/27 12:28 92083776449 31 09/27 12:29 206 388 6924 32 08/27 12:30 2068886854 AS OF SEP 27 '6f...::: 30 PAGE. 01 CITY OF MERIDIAN MODE MIWSEC PGS CMDll STATUS EC--S 00'26" 001 094 OK UF--S e0'le" 601 094 OK EC--S 0ra'18" 001 094 OK EC--S 013'19" 001 094 OK EC--S 09'18" 661 694 OK EC--S e6' 19" eel 094 OK EC--S el'e6" 001 094 OK EC--S 100'26" eel 12194 OK EC-S 00' 19" ral:ll 094 OK EC--S e6'2e" 001 094 OK EC--S ra0'lS" 001 ra94 OK ------------------------------------------------------------------------------------~------- 'P l,tCtBe.. <Vas-/:: :fUr'" ?u-b.Uc- ~-h' 4- -1J,lt:val!:-~ ~ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday. October 1,2002 at 6:00 p.m. City Council Chambers 1. RolI.call Attendance; Tammy de Weerd BlII Nary Cherie McCandless Keith Bird _ Mayor Robart Corrie- 2. Adoption of the Agenda: 3. Discussion of Meridian Tree Ordinance - Elroy Huff; 4. Discussion of Cherry Lane Golf Course Inspection; 5. Discussion of Carol Subdivision Survey Results - Brad Watson: 6. Discussion of Waltman Lane and Corporate Drive Intersection - Mark Canfield; M.rid;." City Council Ag<nda- OolQb<r 1. 2002 P"8" I of! All rn:ll<li~ls p<6",t.dtll"'blic ",.<tins< tIlaIl b""""," P<0J'ti'lY oflbc Cily ofMmdi..... Any""" dosiriol: """omrnodot;Oll file dioabillti.. ,dalt<! I" oo....mcnl. 'lIll/or ba.rins< pI.".. O<lI1tll<t lb. Cily Cktk.'. Offie.: Ill. H88-4433 ....1= 48l\OIlrs pliotto lb. p.blk rc<di.tlg. ** TX CONFIRMRTION REPORT ** RS OF SEP 27 '02 12:30 PRGE.01 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 24 DRTE TIME TO/FROM 09/27 11:58 PUBLIC WORKS 09/27 11:59 2088881193 09/27 12:00 8841159 09/27 12:01 2088840744 09/27 12:02 2088467366 09/27 12:03 208 898 5501 09/27 12:04 LIBRRRY 09/27 12:05 92083776449 09/27 12:05 208 388 6924 09/27 12:07 2088886854 09/27 12:08 2083757154 09/27 12:09 208 387 6393 09/27 12:10 RDR CTY DEUELMT 09/27 12:11 CHERIE MCCRNDLES 09/27 12:12 CHERRY LANE 09/27 12:13 POST OFFICE 09/27 12:15 208_888 1983 09/27 12:16 Walter R Johnson 09/27 12:17 ID PRESS TRIBUNE 09/27 12:18 208 888 6700 09/27 12:21 8950390 MODE UF--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S EC--S CITY OF MERIDIRN MIN/SEC PGS 00'14" 001 00'25" 001 00'25" 001 00'24" 001 00'24" 001 00'24" 001 00'30" 001 00'24" 001 00'28" 001 00'24" 001 00'24" 001 00'25" 001 00'40" 001 00'27" 001 00'28" 001 00'34" 001 00'30" 001 00'24" 001 00'24" 001 00'24" 001 00'24" 001 CMDl:t 091 091 091 091 091 091 091 091 091 091 091 091 091 091 091 091 091 091 091 091 091 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK ----------------------------------------------------------------~------------~-------------- "'ee. .-1~tM1 ~2 ! IP Ua.st IJOht tuY" fLLkr4G ::c ' -~f.' ~1'~ ~""Il '7. ~ ok; CITY OF ~11i1..~ i I . ~.- -..... erldian---t-; ~\ IDAHO !/ P MAYOR Robert D. COITJc:; ClTY COUNCIL MEMBERS Tammy deWecrd William L. M. Na.ry Cherie McCandless Keith Bird " I tillitE , '8~a LEGAL DEPARTMENT (208) 288.2400 . F:lx 288-250 I PARKS &. RECREATION (208888-3579' Filx 898-5501 PUBUC WORKS (208) 898.5500 of:!;.; 887.1297 /JUIl.../)ING DEPARTMENT (2011) 887-2211 0 Fnx 887.1297 PLANNING AND ZONING (208) 884-5533 . F:lII 888-G354 NOTICE OF PRE~COUNCJL 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, Idah01 on Tuesday, October 1,2002 at 6:00 P.M. The Meridian City Council will be discuss:inn ::lnp.nN::' itj:lm~ whi,.,h '::I1'D ^?oo ......... ---- ., -- ( ** COMMUNICATIONS REPORT ** AS OF SEP 27 '02 12:30 PAGE. 01 CITY OF MERIDIAN TOTAL PAGES TOTAL TIME SEND 0032 SEND 00013' 19" RECEIVE 0000 RECEIVE 00000'00" DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 01 09/27 11:58 PUBLIC WORKS UF--S 00'14" 001 091 OK 02 09/27 11:59 2088881193 EC--S 00'25" 001 091 OK 03 09/27 12:00 8841159 EC--S 00'25" 001 091 OK 04 09/27 12:01 2088840744 EC--S 00'24" 001 091 OK 05 09/27 12:02 2088467366 EC--S 00'24" 001 091 OK 06 09/27 12:03 208 898 5501 EC--S 00'24" 001 091 OK 07 09/27 12:04 LIBRARY EC--S 00'30" 001 091 OK 08 09/27 12:05 92083776449 EC--S 00' 24" 001 091 OK 09 09/27 12:05 208 388 6924 EC--S 00'28" 001 091 OK 10 09/27 12:07 2088886854 EC--S 00'24" 001 091 OK 11 09/27 12:08 2083757154 EC--S 00'24" 001 091 Ok 12 09/27 12:09 208 387 6393 EC--S 00'25" 001 091 OK 13 09/27 12:10 ADA.CTY DEVELMT G3--S 00'40" 001 091 OK 14 09/27 12:11 CHERIE MCCANDLES EC--S 00'27" 001 091 OK 15 09/27 12:12 CHERRY LANE EC--S 00'28" 001 091 OK 15 09/27 12:13 POST OFFICE EC--S 00'34" 001 091 OK 17 09/27 12:15 208 888 1983 G3--S 00'30" 001 091 OK 18 09/27 12:15 Walter R Johnson EC--S 00'24" 001 091 OK 19 09/27 12: 17 ID PRESS TR IBUl'lE EC--S 00'24" 001 091 OK 20 09/27 12:18 208 888 6700 EC--S 00'24" 001 091 OK 21 09/27 12:19 3810160 EC--S 00'26" 001 094 OK 22 09/27 12:20 PUBLIC WORkS UF--S 00'10" 001 094 OK 23 09/27 12:20 2088881193 EC--S 00'18" 001 094 OK 24 09/27 12:21 8950390 EC--S 00'24" 001 091 OK 25 09/27 12:22 8841159 EC--S 00'19" 001 094 OK 25 09/27 12:24 2088840744 EC--S 00'18" 001 094 OK 27 09/27 12:24 2088467365 EC--S 00'19" 001 094 OK 28 09/27 12:25 208 898 5501 EC--S 01'06" 001 094 OK 29 09/27 12:27 LIBRARY EC--S 00' 20" 001 094 OK 30 09/27 12:28 92083776449 EC--S 00'19" 001 094 Ok 31 09/27 12:29 208 388 6924 EC--S 00'20" 001 094 OK 32 09/27 12:30 2088886854 EC--S 00'18" 001 094 OK MAYOR Robert D. Corrie . 'VuJ:Jt tJO~-t tvy TJu~li..: c.. ,o-h~celr-rVlarl,b;! r LEGAL DEPARTMENT J;t ''"'. (208) 288-2499 . Fax 288-2501 clfe~;di:~~); IDAHO PARKS & RECREATION (208888-3579' Fax 898-5501 PUBLIC WORKS (208) 898-5500 'Fax 887-]297 CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird BUILDING DEPARTMENT (208) 887-221] . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 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, October 1, 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 Meridian Tree Ordinance - Discussion of Cherry Lane Golf Course Inspection - Discussion of Carol Subdivision Survey Results - Discussion of Waltman Lane and Corporate Drive Intersection The public is welcome to attend the meeting. DATED this 27th day of September, 2002. \\\\111ll1I11I/11 \\\ t:: M'll "" _. Or ~" "" ~ . ,.... ;:\"'\ Vi .... .:;........0 f\P0 :..r;1--~ . ~ Q ~ cP R..t~ ~ '0,,/ / '" S ~ <:> ~ ~ , ~ SEAL ~ -ILLlAM G. BERG,~ifCLERK ~ ... 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433. Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 288-1 193 ** TX CONF'IRI.(.ON REPORT ** (' AS OF 5EP 27 '02 12:30 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 01 09/27 12:30 CHAMBER-COMMERCE ----5 00'00" 000 091 BUSY THIS DOCUMENT IS STILL IN MEMORY -------------------~-------------------~---------------------------------------------------- MAYOR. Robert D. Come 'PUClSt 'PO~ fUy 'PuJg-~c.. , ~Cl. ,-1VtCUltS ( -;M:! .. LEGAL DEPARTMENT 7t~r ' (20B) 288.2499 . Fox 288-250] oW; (;ITY OF ti::. - . . 'L - ~ - '<, eri ditfn j); \ IDAHO // ,f/ PARKS &. RECREATlON (208 828-3579 . Fax 898-550 I PUBLIC WOR.KS (208J 898.5500 .p~~ 8S7.1297 Cl"fY COlJNCIL MEMBERS Tammy dewecrd WiJli~m L. M. Nary Cherie McCandless Keith Bird " llUILT.>ING DEPARTMENT (2M) Bij7-221I . rnx 887-1297 PLANNING AND ZONING (2(18) S34-SSn . F~~ 888-6354 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) October 1, 2002 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regufar scheduled City Council meeting as well as the following issues: - Discussion of Meridian Tree Ordinance - DisCtission of Cherry Lane Golf Course lnspection - Discussion of Carol Subdivision Survey Results - Discussion of Waltman Lane and Corporate Drive Intersection The public is welcome to attend the meeting. 33 EAST IDAHO. MERIDIAN. IDAHO 83642 (20B) 888-44.33. Fll)( (208) 887-4813 . Cit)> CICTlc Office Fa,:.; (208) 888-4218 . Human Resources F:.x. (208) 288.] 193 ( ** TX CDNFIRMi.JN REPORT ** /e_,._.-_, l \.J .. AS OF SEP 27 'li2 11:58 PAGE. ell CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS Ec 5 1313'34" 00:1 091 OK 32 09/27 11: 57 3810160 -- ______ -------------------------------------------------------------------------------------- MAYOR Robert D. CoITI~ 'Pl1Q.St fJo~ .(;y- tp(,d~~c.. -~. ~:~l!t cJvG'rld/:!i IDAHO '(L .~ 1~CU1 ts ! C]TV COllNC1L MEMBERS Tammy deWeerd Willi&m L. M. Nary Cherie McCandles~ Kcirn Bird LEGAL DEPARTMENT (ZOS) 288.:Z.W) . F~>: 2SS-25GI \'.oI.RKS & RECREATlON (2()g S88-3579 . r,,"~ 8l18-550 J puauc WORKS (208) 8%.5500 .P;lX 887-/291 BUILDING DEPARTMENT (208) 887-22] I . rtLX 887-1297 PLANNING AND ZONING (208) 884-5533 . F~~ BSS-GSS4 NOTICE OF PRE.COUNCIL MEETING MERIDIAN erN 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) October 1) 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 Meridian Tree Ordinance - Discussion of Cherry Lane Golf Course Inspection - Discussion of Carol Subdivision Survey Results - Discussion of Waltman Lane and Corporate Drive Intersection The public is welcome to attend the meeting. 33 EAST IDAHO. MERIDIAN. IDAHO 83642 (208) 888-4433' FAA (208) 887-4813 . City Clerk Office Fax (208) 888-42l8 . HlJmllIl Resource~ Fax (2GB) 288.1193 (. *'* TX CONFrRMA..tJN REPORT ** (. AS OF SEP 27 '02 15:18 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 04 09/27 15:18 208 388 1001 MODE MIN/5EC PGS CMD~ STATUS EC--S 00'20" 001 112 OK CITY OF MERIDIAN PRE-GOUNCIL MEETING AGENDA Tuesday, October 1,2002 at 6:00 p.m. City Council Chambers 1. RolI.call Attendance: ~ Tammy de Weerd _ Chene McCandless _ Mayor Robert Corrie _ Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Discussion of Meridian Tree Ordinance - Elroy Huff; 4. Discussion of Cherry lane Golf Course Inspection: 5. Discussion of Carol Subdivision Survey Results - Brad Watson: G. Discussion of Waltman Lane and Corporate Drive Intersection - Mark Canfield: M~ridjon city COllIlcil A&CIlda - O~bet 1,2002 Page I of I All rt1lI.ltl'iab pM<tI\l.e<I at public "",Il\iq~ m..J1 bct<JlIlc prop<tly oflhc City ofM<ri<lim. .<\J:lYOtlc dcoirina >ccolllll1<Klatioo far diAhililies ~la1ed to doetllr:lcW ,,'"1f.... h<:nri.llgs pl_~ 001ll4'" lite Cily Clerk', Office 1Il 888-4433 at lcut 48 hours prio:r 10 lb. public mcmillg. MAYOR Robert D. Corrie . ... ~. ~(:,. clfe;;di!~; \. I ~ IDAHO ;,} .).. ,j,Y ~<l'.<;.~~ 11903 LEGAL DEPARTMENT (208) 288.2499 - Fax 288-2501 PARKS & RECREATION (208 888.3579 - Fax 898-550 J PUBLIC WORKS (208) 898-5500 -Fax 887-1297 BUILDING DEPARTMENT (208) 887-22 I I - 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-CQuncil Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, October 1,2002 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 Meridian Tree Ordinance - Discussion of Cherry Lane Golf Course Inspection - Discussion of Carol Subdivision SUNey Results - Discussion of Waltman Lane and Corporate Drive Intersection The public is welcome to attend the meeting. DATED this 2yth day of September, 2002. "\\1111111111/,, \" F M "I ",\\ "l 0 ~Fil" /1111 ~ " ~ u/.t "... ~ I' () ooflPOR",.r. '1- \. 'V1:/ / ... ~ a ~ ~ ~ ~ ~~ . ~ SEAL ~ ILLlAM G. BERG, JR. - T'f'CLERK ~.".~ & 2 ~ "?; -Q(; ,OJ 0 ~ ~ () '&/ 1$1 . ~ ~ ~I '"'1 ~ ,~ ""// 0011<. ,....'{ 0 .......,... 11//1;."-,"; ,',\\\\\\ "._~ ~:~:.~,~ 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