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Home My WebLink About2002-10-08 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA - REVISED Tuesday, October 8,2002 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: x )( Tammy de Weerd ><:. Cherie McCandless X- X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: CiPflrIJV<- 3. Consent Agenda: A. Approve minutes from September 24, 2002 City Council Joint Meeting with Ada County Commissioners: CVJ?ff?,?V.R....- B. Approve minutes from September 24, 2002 City Council Regular Meeting: "tr V'J?.- C. Order of Decision: AP 02-001 Request for Appeal to allow gate on rear property line for access to rear yard of residence from NMID access road behind lot for Todd Burlile by Todd Burlile - 4881 West Tournament Drive: apFrov&L- D. Heritaae Commons (Quenzer Commons) Subdivision No. 1 Streetlight Agreement, Brighton Corporation: Ct7rv-<.... E. Sewer Service Reimbursement Agreement, White Drain Trunk Project - Sundance Limited, Sun dance Subdivision: Cc,f';n-oVl-Z.- F. Addendum to Agreement for Professional Services - South Slouah Sewer Trunk Extension Project, JUB Engineers: tVl'fnRv...e-- G. Change Order No. 1 (final) - Meridian Hiah School Water Line Project: evp-pY\9 V~ H. Award of Contract for Variable Frequencv Drives - Well No. 10 and Well No. 14: appY"4Pv~ Meridian City Council Agenda - October 8, 2002 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents andlor hearings please contact the City Clerk's Office at 888-4433 aileast 48 hours prior to the public meeting. 11. 12. 13. 4. Department Reports (Items Moved from Consent Agenda) ~-fh /114 tfif/r-etMelvt" ~ IIYjI+; Resolution No. CJ2- - 393 : Approving Wastewater Pretreatment Program Fees and Adjustments: It/' /Yl/ v<- Ordinance No. t? 2 - 977 AZ 02-013 Request for annexation and zoning of 40.48 acres from RUT to R-4 zones for a Meridian Middle School for Joint School District No. 2 by Lombard Conrad Architects - east side of North Under Road, north of West Ustick Road: arr19v,€, Ordinance No. tJ Z - 97 f3 AZ 02-014 Request for annexation and zoning of 4.39 acres from R-2 to L-Q zones for Treasure Vallev Baptist Church by Treasure Valley Baptist Church - 1300 South Teare Avenue: o/pov..r2- Public Hearing: Meridian Development Corporation's Meridian Revitalization Plan: a-lfl:rvJ1.€;j fo ;>>rej]t(,'1.(.. cnc~~ce...- -hF-- at'fJYVv~ Continued Public Hearing from September 24, 2002: AZ 02-010 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Under Road a~f.J ~ r<.p~ -rl/:f ej-f. ..;:;n. a7;ewvv.,-...e. Continued Public Hearing from September 24, 2002: PP 02-009 Request for Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Under Road: a -r--h:rrfl..e-'1 1-0 pr-el'~ -flF { C l.e -hfY ap)?Yl' ~ Continued Public Hearing from September 24, 2002: CUP 02-012 Request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for the proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: cr-!77rrhe1 .fo pref'~v...e -,cl-r- i c/~ M PlF;:'PY1JlV'C--( Public Hearing: CUP 02-022 Request for a Conditional Use Permit for a three building office complex in an I-L zone for Treasure Vallev Business Park by Clark Development - southwest corner of North Eagle Road and East Fairview Avenue: a~Yhe!J -Iv ;re.paJ-e.llf-l ej~ m upiwovaL 5. 6. 7. 8. 9. 10. Meridian City Council Agenda - October 8, 2002 Page 20f3 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. 14. Public Hearing: PFP 02-002 Request for Preliminary/Final Plat approval of 3 building Jots on 2.66 acres in an I-L zone for Treasure Vallev No.2 Subdivision by Clark Development -- southwest corner of North Eagle Road and East Fairview Avenue: a-fforNtj 1-0 pYe/~tvV- ~/? I cl-t ..,0-;- P.-1'/)r'7)V~ 15. Discussion concerning Waltman Lane I Meridian Road I Central Drive I Main Street Intersection Design: tJol1nnl1.e -f'A..e Fr~kl/>1.- ~O~jJlrpJ;d::! cteLa!J "vafn,-~ ~ &J"r'- ~ $odaYf Meridian CityCouneil Agenda-October 8, 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 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 8. 2002 City Council Regular Meeting: 3-G AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORN EY CITY POLICE DEPT: CITY FI RE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTH ER: Contacted: COMMENTS vJ/ (}1f~ Date: Phone: Materials presented at publlc meetings shall become property of the City of Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 8, 2002 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve 3. Consent Agenda: A. Approve minutes from September 24, 2002 City Council Joint Meeting with Ada County Commissioners: Approve B. Approve minutes from September 24, 2002 City Council Regular Meeting: Approve C. Order of Decision: AP 02-001 Request for Appeal to allow gate on rear property line for access to rear yard of residence from NMID access road behind lot for Todd Burlile by Todd Burlile - 4881 West Tournament Drive: Approve D. HeritaQe Commons (Quenzer Commons) Subdivision No. 1 Streetlight Agreement, Brighton Corporation: Approve E. Sewer Service Reimbursement Agreement, White Drain Trunk Project - Sundance Limited, Sundance Subdivision: Approve F. Addendum to Agreement for Professional Services - South SloUQh Sewer Trunk Extension Project, JUS Engineers: Approve G. Change Order No.1 (final) - Meridian HiQh School Water Line Project: Approve H. Award of Contract for Variable Frequency Drives - Well No.1 0 and Well No. 14: Approve Meridian City Council Agenda - October 8,2002 Page I of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities relatcd to documents and/or hearings pleasc contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 4. Department Reports 5. (Items Moved from Consent Agenda) Enter into Agreement for IMAP 6. Resolution No. 02-393 : Approving Wastewater Pretreatment Program Fees and Adjustments: Approve 7. Ordinance No. 02-977 AZ 02-013 Request for annexation and zoning of 40.48 acres from RUT to R-4 zones for a Meridian Middle School for Joint School District No. 2 by Lombard Conrad Architects - east side of North Linder Road, north of West Ustick Road: Approve 8. Ordinance No. 02-978 AZ 02-014 Request for annexation and zoning of 4.39 acres from R-2 to L-Q zones for Treasure Vallev Baptist Church by Treasure Valley Baptist Church - 1300 South Teare Aven~e: Approve 9. Public Hearing: Revitalization Plan: Meridian Development Corporation's Meridian Attorney to Prepare Ordinance for Approval 10. Continued Public Hearing from September 24, 2002: AZ 02-010 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 11. Continued Public Hearing from September 24, 2002: PP 02-009 Request for Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson -- south of West Chinden Boulevard and west of North Linder Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 12. Continued Public Hearing from September 24, 2002: CUP 02-012 Request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for the proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda - October 8, 2002 Page 2 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. 13. Public Hearing: CUP 02-022 Request for a Conditional Use Permit for a three building office complex in an I-L zone for Treasure Valley Business Park by Clark Development - southwest corner of North Eagle Road and East Fairview Avenue: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 14. Public Hearing: PFP 02-002 Request for Preliminary/Final Plat approval of 3 building lots on 2.66 acres in an I-L zone for Treasure Valley No.2 Subdivision by Clark Development -- southwest corner of North Eagle Road and East Fairview Avenue: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda - October 8, 2002 Page 3 of3 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meetin~ October 8. 2002 The Regular Meeting of the Meridian City Council was called to order at 7:05 P.M. on Tuesday. October 8,2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie McCandless and William Nary. Others Present: Bill Nichols, Steve Siddoway, Gary Smith, Brad Watson, Ken Bowers, Dean Willis and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird Corrie: At this time I.will open the Regular City Council Meeting, Tuesday, October 8, 2002. at 7:05 P.M., in the City Council Chambers. J would like to have roll-call attendance, please, by the City Clerk. Item 2: Adoption of the Agenda: Corrie: Okay. Again, I apologize to the audience for not being here right on time but we got it pretty close. Council, Item Number 2 is the Adoption of the Agenda. Item Number 6 is a resolution approving the Wastewater Treatment Program Fees and Adjustments that will be Resolution Number 02-393. Then Item 7, Ordinance Number AZ 02-013, the request for annexation and zoning of the middle school is Ordinance Number 02- 977 and then Number 8 would be Ordinance Number 02-978. Okay any other additions or corrections? De Weerd: I have none. Bird: I have none. Corrie: Okay. I'll entertain a motion on the Adoption of the Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we would adopt the agenda as -- the revised agenda as published. De Weerd: Second. Meridian City Council Meeting October 8, 2002 Page 2 0 f 59 Corrie: Okay. You have heard the motion. Is there any other discussion? All in favor of the adoption of the agenda as amended say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 3. Consent Agenda: A. Approve minutes from September 24, 2002 City Council Joint Meeting with Ada County Commissioners: B. Approve minutes from September 24, 2002 City Council Regular Meeting: C. Order of Decision: AP 02-001 Request for Appeal to allow gate on rear property line for access to rear yard of residence from NMID access road behind lot for Todd Burlile by Todd Burlile - 4881 West Tournament Drive: D. Heritage Commons (Quenzer Commons) Subdivision No. 1 Streetlight Agreement, Brighton Corporation: E. Sewer Service Reimbursement Agreement, White Drain Trunk Project - Sundance Limited, Sundance Subdivision: F. Addendum to Agreement for Professional Services - South Slough Sewer Trunk Extension Project, JUB Engineers: G. Change Order No. 1 (final) - Meridian High School Water Line Project: H. Award of Contract for Variable Frequencv Drives - Well No.1 0 and Well No. 14: Corrie: Item Number 3 is the Consent Agenda. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the Consent Agenda and authorize the Mayor to sign and the Clerk attest on Resolution Number 976, Ordinance Number 02-977 -- Bird: No. Corrie: That's not -- Meridian City Council Meeting October 8, 2002 Page 3 0 f 59 De Weerd: Okay. Sorry. Can't I just do them all at the same time and authorize the Mayor to sign on all contracts. Bird: Second. Corrie: Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: On Item C I just wanted it noted that I was going to vote naye on that particular item, but I vote in the affirmative on all the other items. Corrie: Okay. Any other discussion? Hearing none, roll call vote, Mr. Clerk. Roll Call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Berg: All ayes, except for noted on Item C. Nary: Thank you. Item 4. Department Reports: Corrie: Thank you. Item Number 4 is Department Reports. We have none at this point. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I just would like to note a letter that we got from Greg Bower, the Ada Prosecuting Attorney, dated September 25th, to Kenny Bowers, our Fire Chief, commending the Fire Department and Deputy Chief Silva for the work that they did in the Settie Goins case. As he ended his letter, Deputy Chief Silva is a credit to his profession and to the Meridian Fire Department and he indicated his appreciation of the work that Deputy Chief Silva and the department lent to that investigation. Kenny, if you could, please, pass our thanks on to your staff and your department and note that it was a great job. Bowers: Thank you. Item 5. (Items Moved from Consent Agenda) Corrie: Okay. Item Number 5, Items Moved from the Consent Agenda, I would like to have a motion on the decision that was temporarily made in the Executive Session. Meridian City Council Meeting October 8, 2002 Page 4 0 f 59 Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we enter into an agreement with Ringert Clark as our representative in the IMAP Water Resources and for the Mayor to sign and the Clerk to attest, with suspension of rules. Nary: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? All those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 6. Resolution No. : Approving Wastewater Pretreatment Program Fees and Adjustments: Corrie: Number 6 is Resolution Number 02-393, approving Wastewater Treatment Program Fees and Adjustments. Any discussion from Council? Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I think the water -- excuse me -- the Wastewater Department asked that those fees be affective January 1st. I'm -- we have sent over to the clerk a revised page that has that January 1 sl date in it, but the copy you have may have blanks in it. It's the recommendation of your Wastewater Department that it be effective January 1,2003. Corrie: Any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs, de Weerd. De Weerd: I guess since I have already tried to approve this, I will make a motion to approve Resolution -- that we approve Resolution 02-393, approving the Wastewater Program Fees and Adjustments, effective date January 1, 2003, and ask the Mayor to sign and the Clerk to attest, with suspension of rules. McCandless: Second. Corrie: Okay. Motion to approve Resolution Number 02-393, with an effective date of January 1,2003. Any further discussion? Roll call vote, Mr. Clerk. Meridian City Council Meeting October 8, 2002 Page 5 0 f 59 Roll Call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Resolution is approved. MOTION CARRIED: ALL AYES Item 7. Ordinance No. AZ 02-013 Request for annexation and zoning of 40.48 acres from RUT to R-4 zones for a Meridian Middle School for Joint School District No. 2 by Lombard Conrad Architects - east side of North Linder Road, north of West Ustick Road: Corrie: Item Number 7 is Ordinance Number 02-977. This is a request for annexation and zoning of 40.48 acres from RUT to an R-4 zone for Meridian Middle School for Joint School District No.2 by Lombard Conrad Architects, east side of North Linder Road and north of West Ustick Road. At this time, we would like to have Ordinance Number 02- 977 read by its title only at this time. Berg: Thank you, Mr. Mayor, Members of the Council Ordinance Number 02-977. An Ordinance finding that certain land to be known as the Middle School for Meridian located on the east side of the North Linder Road, north of West Ustick Road, which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner of Joint School District NO.2 has made a request for annexation in writing to the Council, that said land be annexed to the City of Meridian and zoning designated Low Density Residential District (R-4) and declaring that said land by property legal description as described below be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof in conflict herewith and directing the city engineer to add said property to the official map of the City of Meridian, Idaho, and directing the clerk of the City of Meridian to file a certified copy of the ordinance and map of the area to be annexed with the Ada County recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: Okay. You have heard the reading of Ordinance Number 02-977 read by title only. Is there anyone in the audience that would like to have the ordinance read in its entirety? Hearing none, Council, I will entertain a motion on Ordinance Number 02-977. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move the approval of Ordinance Number 02-977, request for annexation and zoning of 40.48 acres from RUT to an R-4 zone for the Meridian Linder Middle School is what it's titled at the moment, with -- pursuant to Idaho Code, with suspension of rules. McCandless: Second. Meridian City Council Meeting October 8, 2002 Page 6 0 f 59 Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion is carried on the Ordinance Number 02-977. MOTION CARRIED: ALL AYES Item 8. Ordinance No. AZ 02-014 Request for annexation and zoning of 4.39 acres from R-2 to L-O zones for Treasure Valley Baptist Church by Treasure Valley Baptist Church - 1300 South Teare Avenue: Corrie: Item Number 8 is Ordinance Number 02-978. It is a request for annexation and zoning of 4.39 acres from R-2 to L-O zones for Treasure Valley Baptist Church by Treasure Valley Baptist Church, 1300 South Teare Avenue. At this time I would like to have the City Clerk re?d Ordinance Number 02-978 by title only, please. Berg: Thank you, Mr. Mayor, Members of the Council Ordinance Number 02-978. An Ordinance finding that certain land to be known as Treasure Valley Baptist Church located at 1300 South Teare Avenue, North of Overland Road, and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner has made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated General Retail and Limited Office District (L-O) and declaring that said land by proper legal description as described below be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof in conflict herewith and directing the city engineer to add said property to the official map of the City of Meridian, Idaho, and directing the clerk of the City of Meridian to file a certified copy of the ordinance and map of the area to be annexed with the Ada County recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, I noted an error in the title. It should be -- I think it's zoned all L-O and I don't think there is any General Commercial, if I recall correctly. That part of the title should be struck. It is limited office is what they asked for. Bird: Not General Retail. Nichols: Correct. Meridian City Council Meeting October 8, 2002 Page 7 0 f 59 Corrie: Okay. Is there anyone from the audience that would like to have Ordinance Number 02-978 read in its entirety? Hearing none, I will entertain a motion on the request. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve Ordinance Number 02-978, request for annexation and zoning of 4.39 acres from R-2 to L-O zones for Treasure Valley Baptist Church, 1300 South Teare Avenue, and noting that in the title the word General Retail be stricken, with the suspension of rules. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the ordinance as amended. Any further discussion? Okay. Roll call vote, Mr. Clerk. Roll Call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Ordinance Number 02-978 is approved. MOTION CARR[ED: ALL AYES Item 9: Public Hearing: Meridian Development Corporation's Meridian Revitalization Plan: Corrie: Item Number 9 is a Public Hearing on the Meridian Development Corporation's Meridian Revitalization Plan. At this time I will open the Public Hearing and we will first hear from staff -- or members of the -- raise your right hand, please. [s the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Bowman: Yes. Bird: Name and address for the record, please, Clair. Bowman: My name is Clair Bowman. I live at 4400 West Legacy Lane, Meridian, Idaho. I'm here this evening, Mr. Mayor, Members of the Council, to begin a pretty significant step in what has been a multi-year process at this point. Discussions of how to address ongoing issues in downtown Meridian or in Old Town Meridian have been ongoing for at least a dozen years that I know personally of. In the last couple there is a group who have moved this forward to the point where we are today. I'd like to identify just a couple of those folks, Jim Johnson, who is the Chair of the Meridian Development Corporation now, who is not here this evening, unable to be here, has been one of the leading people in this. We have also had participation by a committee Meridian City Council Meeting October 8, 2002 Page 8 0 f 59 that included Lori Jones, Terry Smith, Rich Allison, Gary Benoit, Meg Peters, Malcolm McCoy, Ann Molenaar-Schram, Teri Sackman, Council Members de Weerd and Bird and Mayor Corrie, at one time or another, have all participated in those original discussions. I'm here tonight as Vice-Chair of the Meridian Development Corporation representing the board to introduce the staff comments. We will have three comments, Steve Siddoway, a member of the Meridian Planning and Zoning staff, will review the goals for the plan, in his words, try to provide some of the sizzle that goes with it. Ryan Armbruster, the Attorney for the Meridian Development Corporation, will walk through the legalities of the -- of what we have accomplished in meeting the goals for the plan and meeting the deadlines and requirements of state law. David Eberle will provide an overview of the public improvements and financing plan. We do have a couple of members of the board here tonight. Linda Rupe is sitting back here this evening. I thought I saw Clarence Jones come in. Yes. As well. I believe those are the only board members who are here tonight, other that the two City Council members sitting up here. With that, I will cease my remarks and turn it over to Mr. Steve Siddoway. Corrie: Steve, I don't need to swear you in. You're already sworn in. Siddoway: Okay. Thank you, Mayor. Corrie: Name and address, please. Siddoway: Steve Siddoway, 685 West Woodbury Drive, also on the Planning and Zoning staff. I have been working as staff for the Meridian Development Corporation since its inception and what we have tonight is the Public Hearing for the adoption of the Meridian Revitalization Plan. It's the plan that we hope to adopt in order to set in place a plan for urban renewal for revitalization of our downtown, to address gateway issues, and spur economic development. For the Council and the members of the audience that were here for the workshop a couple weeks ago, some of this will sound redundant, but there may be audience members who are here for the hearing tonight for which this may benefit, so we are going to go through a summary of that plan for everyone here tonight. What are we trying to accomplish with this plan? It started with a vision that -- that we wanted downtown to be a more lively, vibrant place. We wanted to attract businesses downtown. We went through a process called the Treasure Valley Futures Project a couple of years ago, which there was a lot of public participation and a lot of interest generated in getting downtown revitalized and looked at in an active fashion. Following that effort, the MDC Board was created and this plan before you tonight is the culmination of those efforts over the past couple of years. We know that downtown Meridian is the historic center of our community. We want to emphasize that, celebrate that, and try to realize some of the potential that's sitting out there to make this a destination attraction for the valley. We envision that as a mixed-use environment where businesses and residential, offices, parks coexist side by side in an urban environment where people come and enjoy being. We want to make sure there are amenities for -- to make it pedestrian and bicycle friendly. We love the New Generations Plaza and we want to encourage more such public spaces in our downtown and within the urban renewal area. There was a great effort in 1991 that Meridian City Council Meeting October 8, 2002 Page 9 0 f 59 added sidewalks and most of the streetscaping on the main streets that you see today, We want to further that effort and continue to provide for improved access, better sidewalks, and streetscaping. The MDC wants to look at transportation and parking issues in the downtown. Constantly we hear about parking problems and that's one thing we hope to address. Overall, I think we just want to beautify this area. Now the question is how and that's what the plan is for. How are we going to accomplish this vision that we have? By adopting the plan, the events that will be set in motion include getting a full-time staff person as part of the MDC to start addressing these issues on a daily basis. Some of those things that he will be tasked with -- one will be a facade improvement program for downtown businesses. Some of the money we receive will be dedicated to facade improvement grants or loans to local businesses in the downtown area to help them improve their properties. The MDC wants to do what it can to help get a city hall -- a new city hall downtown. We feel that that is an important commitment for the city to make to show that we are committed to this area as a growing area where people will come. We plan to build a parking structure to help address those parking issues downtown. We want to take a look at the gateway improvements into the city from the interchange out at the Meridian Road interchange and coming into Old Town district. We need to Jook at public facility improvements that may be needed to help serve larger development. Those public facilities may include increased sewer capacity or fire hydrant needs. They haven't specifically been nailed down, but that would be a task assigned to this body. They will be adopting design standards for the Old Town area. That effort is underway. I met with Sherry McKibben today. We are working through a draft to bring to the board next month for design standards in the Old Town area and urban renewal boundaries. We want to help create incentives for economic development, so that the new businesses are not always attracted to the fringe of our city. We want downtown to be an active, lively, growing place and then just a brief bit about our process, where we have been, where we are, and where we are going. A little over a year ago on July 24, 2001, the Council did establish the need for the Urban Renewal Agency and appointed those board members that were introduced tonight by Clair. Moving forward to just a couple months ago, on August 2yth, the City Council adopted the Eligibility Report, establishing the boundaries that you see outlined in black, as our urban renewal area. Two days later on August 29th the Planning and Zoning Commission did review this plan and make the required finding that it was in compliance with the Comprehensive Plan. Then on September 17th, we were before you in a workshop setting making this presentation and then since that time, on September 26th, there has been a presentation made to the Chamber of Commerce Economic Development Committee and it was well received there. Tonight is our Public Hearing as required by State Law and, what's next we hope to adopt this plan. There is a process underway to get the area in black that you see on that map, which is actually shown in black because it designates the portion of our urban renewal area that's county property. We are in process of securing the approval of the County Commissioners for that area and then we have to get that down and approved by the Tax Commission by the end of the year to have this in effect. With that, I will stand for any questions or turn some time over to Mr. Armbruster. Thank you. Meridian City Council Meeting October 8, 2002 Page 10 0 f 59 Corrie: Thank you, Steve. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Armbruster: Yes, it is. Corrie: Name and address, please. Armbruster: My name is Ryan Armbruster, P.O. Box 1539, Boise, Jdaho 83701. I serve as Agency Counsel for the Meridian Development Corporation and J'd like to just spend a few minutes -- and I won't take a lot of your time tonight. Steve has done an excellent job in summarizing some of the major objectives of the plan and we have also provided you a short three-page -- five-page summary of the plan that you have available for you. Essentially, my role here is to just summarize very briefly the statutory process, which you are going through at this point. Tonight's hearing basically is a culmination of the actions of the Meridian Development Corporation over these past six or seven months. As we went through that process, certain challenges had to be met as required by the statute and one of those included establishing the boundaries that Steve has outlined for you on the map i,tself. As you know by your actions in August, we did make a boundary change, a change we thought that was valuable for the city and the Meridian Development Corporation and also complied with State Statute. As you flip through the plan -- and I apologize, much of that plan text is, unfortunately, dictated by State Statute and includes an awful lot of boilerplate. I have tried over the years to figure out a way that we might be able to get a little bit more streamlined, but it never seems to happen that way. The other challenge that we had during this particular plan is that sort of in the middle or our planning process the State Legislature adopted several other requirements that we needed to comply with as this plan, if it becomes effective, would do so after the effective date of those statutory changes. We have included in the plan the required recitation that the Meridian Development Corporation is, in fact, a public body which complies with everything that the City Council complies with, including open meetings, open public records, a budgetary process that complies with competitive bidding laws and other such efforts that the city has been complying with for many years. Essentially, when you kind of cut through the boilerplate, what this plan really does is it provides a framework for what I would consider to be public-private and public-public partnerships, provides an economic development opportunity for the Meridian Development Corporation and the City of Meridian to move forward over the life of the plan. It does set out, I think, a very finite public infrastructure plan that it intends to implement over a very limited period of time in the 24 years as stated in the plan, over a very specific geographic area. It's an effort that would allow the Meridian Development Corporation to join forces with both public and private entities, provide economic development tools, one of the very few that's available to local government under the State of Idaho statutory framework. It does acknowledge very clearly the involvement and jurisdiction of the Ada County Highway District and, as Steve has mentioned, we have attempted to address the fact that there is some property within the geographic boundary that is outside the current city limits. We would need a resolution or ordinance from the County Commissioners for this plan to be effective for that particular area. We have also provided in the plan, as a result of the changes to the Meridian City Council Meeting October 8, 2002 Page 11 0 f 59 State Statute, a termination or closeout procedure, acknowledged that the financial limitation of no more than 10 percent of the city, by way of assessed value, be included in this boundary area. We have indicated our efforts to try and put together a financial plan that David Eberle will explain for us in just a few minutes. Tonight's Public Hearing is basically the precursor for your consideration of a draft ordinance that would be provided to you at a later date. The ordinance would make all the necessary findings based upon the plan presented at the Public Hearing tonight. Thank you, Mayor and Council, for your patience and I will turn time over now to David Eberle. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Before Mr. Eberle, have you pursued the county and the portion that is in the county at this time? Armbruster: Mr. Mayor, Councilwoman de Weerd, what we have done is that the Mayor and the Chairman of the MDC have written a formal letter to the chairman of the Ada County Commission asking that they consider entering into either resolution or ordinance for this property. That letter I know has been received. I have had some preliminary contact with the deputy prosecuting attorney and I hope that I can get his attention now with the letter being sent for us to move forward to the next step. De Weerd: And what is the next step? Armbruster: The next step I think -- and the Statute doesn't provide us a great deal of guidance, but I think it would be simply a very short memorandum of understanding or Memorandum of Agreement by MDC to the city and the Ada County Commission that would say for a variety of reasons that we have spelled out in the letter, including the fact that this area is within the city's impact area, it's surrounded on all sides by city property, that the impact and the jurisdiction of this plan would apply to that property. Hopefully it will be a very quick, brief process. De Weerd: Okay. Thank you. Armbruster: Thank you. Corrie: Is the testimony you1re about to give the truth, the whole truth, and nothing but the truth, so help you God? Eberle: Yes, it is. Corrie: Name and address, please, Dave. Eberle: Yes. My name is William David Eberle and I reside at 760 Harcourt Road, Boise, Idaho 83702. Mr. Mayor, Members of the Council, I was retained by the Meridian Meridian City Council Meeting October 8. 2002 Page 12 0 f 59 Development Corporation to conduct an economic and fiscal impact of the Meridian Development Corporation's plan for redeveloping the urban renewal area as shown on the map. Basically, this consists of three steps. The first is calculating the revenue estimates that will be generated from the tax increment financing in the urban renewal area. Essentially it's involves not only the current mill levy rate, the forecast for which way those mill rates are expected to go in the future because of statutory limitations, expected growth rate of both new construction, as well as inflationary values on the existing property go into this calculation. There are a couple of things to note here. The first that depending on the approximate growth rate, whether historic or what the County Assessor has experienced in the last two years over the period of life of the urban renewal area and the Meridian Development Corporation, they can expect 126 and 134 million dollars for that period. What you note is on average that's a little over a million dollars a year. However, in the first five years they will earn anywhere from 1.5 to 1.7. As you can see, this is a fairly back-end loaded revenue stream and challenge to the Meridian Development Corporation and its plan is how to get development started today when the revenues, in fact, occur in the latter years of its existence. The second thing, these are fairly large numbers. I thought I would just take a minute to explain how the Meridian Developmen,t Corporation earns money and its impact on both the city and the surrounding community and I do this by way of a similar example, if we had a parcel of land in the year 2002, if this plan is adopted before year end, valued at 100 dollars, it would be taxed at approximately 14 mills and go to various taxing agencies. Starting in the year 2003, that land value might increase five percent or on 100 dollars it would now be worth 105. The income to the Meridian Development Corporation would be the mill levy on the five dollars. The 1 ~O-dollar tax would continue to flow to the city and the other taxing jurisdictions, being the school and mosquito abatement and others that you have. One exception to that are schools. The schools continue up to four mills, depending on their mill levy rate, will continue to receive their funds from that new five dollars in increased value on the land. Then say in the year three, a building is put on that land, so now the land is 105 dollars, plus a 20-dollar building. Now the tax increment financing is assessed on 25 dollars, the value of the new building that was not there in 2002, as well as the increased land value and that's what goes to the coffers of the Meridian Development Corporation and to the school district. Okay. The 100 dollars continues to flow to the city and then the other taxing jurisdictions. Now there are a couple of compensations given to the city by the taxing jurisdictions for this diversion of tax revenues. The first is any new construction that occurs in the zone, is allowed to be credited against the increased revenues outside the urban renewal zone, and the reason that's important is because of the three percent growth limit on revenue, except for new construction. It allows you to grow a little faster than the statutory limit outside of the zone. The second thing that typically occurs in an urban renewal area, if they do their job and stimulate grow, is it will not only attract new construction and growth into the urban renewal area, but it additionally tends to attract more growth to the surrounding area, which adds to the greater tax base. That's basically the revenue forecast and just a very brief description of the process in developing it. Then the task moves to looking at the programs that were outlined by Mr. Siddoway and those included both large capital expenditures, which -- if I can find that page -- include both -- or include the new Meridian City Hall, a 250 stall parking structure, purchase of land, Meridian City Council Meeting October 8, 2002 Page 13 0 f 59 gateway and infrastructure improvements for enhancement to the entrance of the community. Additionally, there is a program in for streetscape and facade improvements, as well as a public facilities upgrade. Essentially, this gives you just the first few years. The reason I put this up is that given the amount of money that we projected to put in here, it shows down on the bottom line -- I'm sorry. The color doesn't show up, in fact there is a negative -- only in year seven does the urban renewal area or the Meridian Development Corporation have to engage in short-term funding where they are a little bit short of their revenue. The plan essentially keeps them whole with a small bridge loan in five years out to make the plan happen. How that occurs is, essentially, a combination of methods and essentially what the Meridian Development Corporation will be doing is utilizing their bonding authority under State Statute and also the Idaho Municipal Bond Bank. This particular plan projects that they will be using a 4.5 percent bond interest rate, which is the current interest rate in the market, zero percent financing, because the State of Idaho Municipal Bond Bank allows that over a 30 year period to pay for large capital programs. Additionally, for the one year with a small shortfall, they will probably need to secure a line of credit against the future flow of income somewhere around 200 to 500,000 dollars. Finally, because of the bonding and necessity for constru<?tion, they will probably need a short-term bridge loan while the parking garage is being built before the bonds are issued to cover the cost of construction during that period and this will keep the municipal -- the Meridian, excuse me, Development Corporation solvent and on a firm financial foundation throughout its life. With that, [ think that concludes my presentation and at this point I will offer all of the members who spoke up before me to be available for questions, as well as myself. Thank you for the time. Corrie: Thank you, David. Any questions of Council? Bird: I have none. Corrie: Okay very good job. Okay. This is a Public Hearing on the Meridian Development Corporation Meridian Revitalization Plan. I have three people here that signed the sheet that would like to speak, I presume. Chuck McLaughlin, Terry Smith, and Linda Rupe. Chuck McLaughlin. Chuck? Thank you, Chuck. Terry Smith. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Smith: Yes. Corrie: Name and address, please, Terry. Smith: Mayor Corrie, Members of the City Council, I -- Corrie: Name. Smith: Oh. My name is Terry P. Smith. I live at 713 East Kingsford Drive, Meridian, Idaho. Meridian City Council Meeting October 8, 2002 Page 14 0 f 59 Corrie: Thank you. Smith: Mayor Corrie, Members of the City Council, over the years I have had a very personal interest as a citizen in the development of downtown, involved as part of the leadership in a program that was initiated in '91 that provided curbs, gutters, landscaping, uniform lighting, and so on and improved streets. The MDC's Development process I was very fortunate to be involved in as well and so as a result of my experience and wanting and making a better place for Meridian and our group going back to the '91 group, is the one that came up with the concept and the initial design for Generations Plaza. The Meridian Development Corporation is absolutely essential, in my view, to the future development and growth of downtown Meridian. Investors and business projects will continue to be attractive to the available land outside of downtown, outside of the boundary of the urban renewal area. However, downtown Meridian is not likely to be a similar attraction without the Meridian Development Corporation, which provides tax increment financing, elimination of a process that slows things down called Conditional Use Permits. It provides a very clear plan of vision that investors need to invest in any area, and they will invest, I predict, in Old Town and the urban renewal area with the plan and vision of the MDC. I am looking forward to the future of downtown with, you know, apartment buildings, improved parking, hotels, shops, a new city hall, more open spaces, pocket parks, similar, but larger than Generations Plaza, improved access on two-way streets, since I observed that in the plan of the Meridian Development Corporation two way streets, pedestrian friendly streets, beautiful streetscapes and an attractive community gateway. As a citizen of Meridian, I urge approval of the Meridian Revitalization Plan. Corrie: Thank you, Terry, Linda Rupe. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Rupe: It is. Corrie: Name and address, please. Rupe: Linda Rupe, 1422 Rutledge Avenue in Meridian. Mr. Mayor and Council, I am here to present the official standing of the Meridian Merchants Association, as president of the association. We have had meetings and discussed the revitalization plan for downtown Meridian. We are in support of this plan and we are excited about this plan. We do have a concern about the traffic, which we understand is a task of ACHD, more than it is of the city. However, we do have concerns that regardless how beautiful we make it, if we can't get into town and if we can't get out of town, it's not going to happen. We do have definite concerns about the traffic issues. A large part of the Merchants Association has brought forward several times the concerns of traffic and how we will move traffic through town or around town or whatever approach we will take, but we are in great support of this plan and we urge approval of this plan. Meridian City Council Meeting October 8, 2002 Page 15 0 f 59 Corrie: Thank you, Linda. Is there anyone else from the public that would like to issue testimony? Yes, sir. Mr. Alleman. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Alleman: Yes. Corrie: Name and address, please. Alleman: My name Vern Alleman. My address is 2101 East Ustick, Meridian. I have some concerns about the plan and I will mention what I saw going on in Nampa. They have a blighted area that was designated and they took the Urban Renewal Plan, went out, and built the Idaho Center that did not do anything for the blighted area, as far as I'm concerned. Here I'm still concerned that this is more of a business promotion than it is for the residential part of the town. I don't see anybody on the board representing the residential and I think there should be. To me it seems like it's really geared for just business. Of course, I do have some concerns -- how do they acquire property to do what they want to do? Do you condemn it? Can you condemn it? What rights do you have? Who determines who is on the board? Is it up to the -- who gets to choose the board? Is it open to the public? I'm concerned about the way the public is being represented and as far as the meeting today, I didn't see much in the paper about it. I think it's important. It should have been better advertised. That's my concerns. Corrie: Okay. Anyone else? Bob. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Chandler: Yes. Corrie: Name and address, please. Chandler: Bob Chandler, 598 West Franklin. On behalf of the Meridian Chamber Board of Directors and the Economic Development Committee and the Chamber, we are in favor of the Meridian Revitalization Urban Renewal Plan and the powers being given to Meridian Development Corporation. Thank you. Corrie: Thank you, Bob. Anyone else? Okay. To answer one of the questions that I can answer, Vern, is that the board was appointed by the Mayor and confirmed by the City Council. We did look at the community and people that wanted to be involved in this and that's how we chose the board. Everybody was invited to be a part of that board and not everybody could serve on it, but we found that we felt that the ones that we had at that time on the board were best suited for the City of Meridian. Now the other question, any of you gentlemen like to answer? Armbruster: Mr. Mayor, Members of the Council, in response to the property acquisition question, yes, the Urban Renewal Agency under State Law does have the power to acquire property and can acquire property very similar to any other public entity, by way of negotiation, voluntary acquisition, or, I suppose, in direst of circumstances, could Meridian City Council Meeling October 8, 2002 Page 16 0 f 59 invoke its condemnation authority. I can tell you that at least in my experience and in many, many other cities throughout the state, the condemnation authority is rarely used. In the 20 years of practice that I have been at this, we have yet to really file one. It's an acquisition authority that I think is used very sparingly by redevelopment agencies and within the confines of the text of this plan, there is not a lot of widespread property acquisition that is intended in the objectives of this particular plan. Thank you. Corrie: Thank you. Council, any discussion on the request for approval of the Meridian Development Corporation? Okay. Any discussion that you want to have on the public record while it's open? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess just two comments, also, to answer for Vern and his concerns. We do have a property owner on the board, Linda Rupe owns property in that area of impact as well, and we have a smaller area of impact than the City of Nampa did with theirs. Ours is a lot more confined. The percentage is definitely significantly smaller than the area that Nampa has initiated and I think the commitment and it's reflected in the report, in particular, the study that Mr. Eberle did, is really confined to a small area to start the project in and that's a three block radius -- yes, it says flour block radius? Is that correct, Steve? Could maybe you address that part of it? Siddoway: Mr. Mayor, Members of the Council, the plan breaks down the urban renewal area into zones and the core zone in the plan, called the blue zone -- we just picked colors randomly -- but it focuses around the current Generations Plaza, city hall area, over here to Broadway and over to Pine. That is intended to be an initial focus and then growing outward. There may also be pushed forward an early focus out towards the freeway by the presentation made recently by Mark Canfield in his interest in redeveloping property along Waltman Lane. We intend to make those facade improvement grants available to local business owners to help address some of the blight issues directly and early on. I guess that would be my response. De Weerd: And the plan does include not only business type of issues, but residential as well; is that correct? Siddoway: Yes and, in fact, the design guidelines that we are working on right now, establish design characteristics for both areas to differentiate between what we would be requiring in those residential areas that are primarily residential and those that are more commercial in nature. We are trying to consider the entire area, including the residential portion. De Weerd: Thank you. I have nothing further. Meridian City Council Meeting October 8, 2002 Page 17 0 f 59 Corrie: Okay. If Council has no further objection, I will entertain a motion to close the Public Hearing. De Weerd: So moved. 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: Further discussion? Hearing none, the question before the Commission is the adoption of the Meridian Revitalization Plan as presented tonight. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council -- and Mr. Armbruster can correct me if I'm wrong, but I think to adopt the plan there has to be an ordinance to actually adopt the plan. Corrie: That's correct. Nichols: And so I think the motion that you're looking for would be for an ordinance to be prepared and brought forward to the Council to adopt that plan. Corrie: That's correct. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: With that I would move that we instruct the attorney to draw up the ordinance pertaining to the approvement of the Meridian Development Corporation's Meridian Revitalization Plan and to get it on the docket. Nary: Second. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Okay. Hearing none, let's have a roll call vote, Mr. Clerk, just to make sure that we got it. Berg: Thank you, Mr. Mayor-- Meridian City Council Meeting October 8, 2002 Page 18 0 f 59 Bird: Before we have that, who is going to draft that, our attorney or-- Nary: It's our ordinance. Bird: It's our ordinance, so our attorney -- Roll Call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes and I don't get a vote, but if I did it would be a yea as well. All right. MOTION CARRIED: ALL AYES De Weerd: I'm sorry, I know it's been said many times, but Steve has spent a lot of time and energy on this plan, as well as the board and our consultants and it's a good strong plan, it's aggressive. I think we should see its effect. We have high expectations, Steve, of this, but I would like to commend Steve and all of his efforts, as well as those of the board and the committee. Appreciate your efforts. Siddoway: Thank yo'u very much. I'd just point out that I couldn't do without these consultants, David Eberle and Ryan Armbruster, they have done a lot behind the scenes that never does get seen, so thank you to them. Corrie: I, too, want to commend the board. They have done a tremendous job. Friday at noon, I will say it again so if you want to be there, I will be glad to repeat it. Corrie: All right. Item Numbers 10, 11, and 12 is a Continued Public Hearing on Lochsa Falls Subdivision. It has been requested -- is there anybody here that wanted to have testimony on the Treasure Valley Business Park on the request for a Conditional Use Permit, Preliminary, and Final Plat? Okay. We have got two back there. That's the ones that -- that's the applicant. Okay. Council, they requested that, if they could, to go on Item Number 13 and 14 before we do 10, 11, and 12. Any objections? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: 10, 11, and 12 have got two items, roadways and schools. We have got the school representative here and we have got Ada County Highway District here. Let's get those through. That shouldn't -- that was all -- that was re-opened for and continued for was those two items on that Lochsa Falls. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting October 8, 2002 Page 19 0 f 59 De Weerd: It also requires -- or was requested an update on the north Meridian planning area, too, which could take some time, so -- and if we wanted to take 13 and 14 prior to that, that might simplify that. I don't have a problem with it. Nary: If you want us to make a motion -- Bird: You move it. You're the Mayor. You can move it. Corrie: I couldn't move it -- Bird: You're the Mayor. Move it. That's fine with me. Item 13. Public Hearing: CUP 02-022 Request for a Conditional Use Permit for a three building office complex in an I-L zone for Treasure Vallev Business Park by Clark Development - southwest corner of North Eagle Road and East Fairview Avenue: Item 14. Public Hearing: PFP 02-002 Request for Preliminary/Final Plat approval of 3 building lots on 2.66 acres in an I-L zone for Treasure Vallev No.2 Subdivision by Clark Development -- southwest corner of North Eagle Road and East Fairview Avenue: Corrie: All right. Then the contention that all the -- that it be all right to move it. All right. I have a unanimous consent on that and so we will move Items 13 and 14 up and so I will open the Public Hearing on the request for Conditional Use Permit for a three building complex in an I-L zone for Treasure Valley Business Park by Clark Development. Also the request for a Preliminary/Final Plat approval on three lots by Treasure Valley Subdivision. At this time I will open that Public Hearing and invite staff comments first and then hopefully it will be very short. Steve. Siddoway: Thank you, Mr. Mayor, Members of the Council. I got things switched over. Item 13, Treasure Valley Business Park. I assume you'd like to take the Preliminary/Final and the Conditional Use Permit together. De Weerd: Yes, please. Siddoway: Okay. There is a proposal before you tonight for the -- this lot in the Treasure Valley Business Park. It is near the intersection of Fairview and Eagle on the west side of Eagle Road. The Conditional Use Permit is to allow for multiple buildings on one lot. They currently have pulled a Certificate of Zoning Compliance for the Primary Health building at the north portion of the lot. They also intend to pull a permit, as soon as this process is through, for the Meridian Family Dentistry project. The fact that it's currently one lot would require them to get approved through the Planned Development process, in as much as there is no -- not more than one primary structure allowed on a lot without being approved through the Planned Development process. That said, they are also proposing to plat it. These are their building elevations for the Meridian City Council Meeting October 8, 2002 Page 20 0 f 59 proposed Primary Health building. Then the plat takes that same lot and splits it into three lots for the three buildings that you saw on the previous slide. You should have a staff report from Bruce Freckleton, Brad Hawkins-Clark, and Dave McKinnon, dated August 29th. I believe that the only truly outstanding issue on this project is whether or not the Council will require a sidewalk along Eagle Road. Ordinance requires that the sidewalk be built. There is sidewalk on the other side of Eagle Road, but the question is whether it makes sense to require it here and I anticipate the applicant to address that issue with you tonight. With that as an introduction, I will stand for any questions. Corrie: All right. Thank you, Steve. Any other questions? Bird: I have none. Corrie: Applicant? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Strite: Yes, sir. Corrie: Name and address, please. Strite: Mr. Mayor, Members of the Council, Billy Ray Strite, 1010 Allante, Boise, Idaho. I'm here, along with Steve Arnold from Briggs Engineering, in support of both applications and I think that certainly we are pleased with the recommendations of the Planning and Zoning Commission. From the standpoint -- I guess of both applications. The only concern we have, as expressed by Steve, would be the potential for the sidewalk along Eagle Road. If I could, I'd like to comment -- give you two things that we feel are important relative to that sidewalk requirement. At the time that you approved Ordinance -- I believe it's 1312-10-8 was in December of 2000. In December of 2000, Eagle Road was 30,000 cars a day. The last count 2002, February 2nd, it was 46,000 cars a day or some 50 percent higher than what it WpS at the time it was originally anticipated. I was told today by ITD that they think the number may approximate closer to 50,000 cars a day along Eagle Road. I think that's one thing that I'd like to have you take under consideration. I think the second thing might be that south of this particular site on the view foil there would be the southeasterly corner -- it would be the northwesterly corner, if you will, of Blue Cross. Blue Cross does not have a sidewalk, nor does the project to the south, which, by virtue of a variance in this Council, eliminated the sidewalk. It's our contention that the safety hazard that might occur, if, in fact, you force this project into a sidewalk that ends up nowhere, it comes south along Eagle Road -- again, it's 50,000 cars a day. To a point where there is no sidewalk, they are either going to be on bicycle or foot and then they are going to be walking into grass and in our discussions with Blue Cross, they suggested that we provide interior circulation. What we have done, since the plan that we had provided Steve -- the plans that are now in the Building Department for approval, the Primary Health, now include an internal walkway that goes from the south edge of our parcel, which would be the southwest corner, if you will, proceeding north up to Florence. Then at Florence Street we are proposing a stamped concrete pedestrian walk, so that people coming out of Meridian City Council Meeting October 8, 2002 Page 21 0 f 59 Blue Cross can walk north and into the second path, which will be before the Planning and Zoning Commission next month, the northerly half, which includes the Krispy Kremes and the 26 building proposal there. It will pick up the sidewalk north of Florence and then proceed north and west on Jewell until it reaches Hickories, and then back up to Fairview. Having said that, I would like strong consideration by the Council to delete that particular item in the recommendations of the Preliminary Plat and would be available for any questions. I think that's all we have. We are very pleased with the response we got from Planning and Zoning. Corrie: Thank you, Billy. Any questions? Bird: I have none. Corrie: Okay. Thank you. Nichols: Mr. Mayor, before Mr. Strite -- Mr. Strite? Can we have -- over here? Can we have the date and the information off the plat in the record, so that we have -- we know that when we put the .findings together and this is approved, we have got the right plat, in case there are others -- you know, the date it was drawn, who drew it, that kind of information in the record, at the hearing, please. Strite: Mr. Mayor, Mr. Attorney, certainly we have that available information. It's-- Steve Arnold is here to provide that. I think. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And I don't know, Mr. Strite, if this question is for you or to Steve, but the site specific condition I see talks about a five foot concrete sidewalk at Florence and Olive, but it doesn't say which provision requires that on Eagle Road that we would be amending if we -- Strite: Mr. Mayor, Councilman Nary, it does not -- by reference on the Conditional Use, you will see that the -- the first condition is the approval of the Preliminary Plat and conditions therefore. The Preliminary Plat makes reference to the five foot meandering sidewalk based upon your ordinance and I believe it's 1312-10-8. Steve, is that right? Wherein principal arterials require a five-foot sidewalk. That falls under the Preliminary Plat and I think it might be Condition Number 1. Steve probably has a copy of that Preliminary Plat. Both Steve's. I do not have a copy of that, but I think you will find it in your packet. Siddoway: Mr. Mayor, the plat in the file here is dated July 9, 2002, and it has a drawing number 20613. The stamp -- it's not stamped. There should -- this copy of the plan is not stamped, though. There should be a stamped copy. Let me continue to look. Meridian City Council Meeting October 8, 2002 Page 22 0 f 59 Strite: Mr. Mayor, if I might, Mr. Attorney, is there a chance that we could just pass the motion tonight with the condition that these be placed upon the plat for findings, just to make this a little quicker? Nichols: Mr. Mayor, Members of the Council, just to give you the background, we have been through about four different requests for revisions to Findings of Fact, because the plat we had in our file isn't the one that the developer or somebody said they showed to this Council. In order to make this process cleaner -- and Mr. Arnold knows one of them I'm talking about -- if we have got it in the record, it's in the minutes. Regardless of whether I have got the right one or the wrong one in my file, it will be right in the findings and on the record and we won't have so many problems that we have had lately. I'm kind of springing this on staff and the applicant, but we have had too many of these of late and I just as soon we get it on the record, take five minutes to do it here, as opposed to three hours outside of the meeting. Corrie: Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Arnold: Correct. Corrie: Name and address, please. Arnold: For the record, my name is Steve Arnold with Briggs Engineering, 1800 West Overland Road. I'm here tonight representing the Preliminary/Final Plat. First of all, I'd like to appreciate that you moved us up on the agenda. I was feeling Lochsa Falls may be a little bit longer than expected and I really appreciate being bumped up. Also, next to the developer and the representative of the developer, I did talk to her and she said that wouldn't be a problem. Anyway, I would like to thank you for that. I am aware of the Findings of Fact error. We had that on Sundance and we submitted a revised plat with a different date and with different phases on that and it was a problem and that took some time to rectify that. For tonight's hearing on Treasure Valley Business Center No.2, the date stamp is July 9, 2002. I don't think that you're going to find a stamped copy. I didn't have a stamped copy either. The July 9, 2002 would be the reference to the Finding. I guess, Bill -- Mr. Strite addressed all the issues and I don't think I need to go over all that, but if you were looking for the condition that specifically references the sidewalk that we are asking to be waived, that would be Site Specific Condition Number 1. I'm sorry. I'm looking at the wrong one. De Weerd: We found it. Arnold: Which number? De Weerd: It's on the Preliminary Plat Number 1, site specific-- Arnold: That's correct. That is the one. I will stand for any questions. Meridian City Council Meeting October 8, 2002 Page 23 0 f 59 8iddoway: Mr. Mayor? Corrie: Steve. Siddoway: We have just been going through Gary Smith's file. The Preliminary Plat does have the date of July 9, 2002 and not a stamp. The Final Plat that accompanies it does have a stamp of July 18, 2002 and Mr. Arnold, correct me if I'm wrong, but I don't believe through the Planning and Zoning Commission process that there was a revised plat submitted. I believe that it's still the original plat. Arnold: That's correct. I apologize. I forgot there was a Final Plat. The Preliminary Plat was dated July 9, 2002. That's correct. Corrie: Mr. Nichols, does that satisfy your-- Nichols: Yes, Mr. Mayor. Corrie: Okay. This is a Public Hearing. Is there anyone from the audience that would like to enter testimony? Okay. Council, do you have any other questions in the Public Hearing? Bird: I have none, Mayor. Corrie: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we close the Public Hearing CUP 02-022 and Public Hearing PFP 02-002. Bird: Second. Corrie: Motion has been made and seconded to close the Public Hearing on Item 13 and 14. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Any further discussion? Okay. Then I'll entertain a motion on the request for Conditional Use Permit. Let's see. Do we have to do the -- we can do that. Conditional Use Permit first? Bird: Yes. Meridian City Council Meeting October 8, 2002 Page 24 0 f 59 Corrie: Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: J would move that we approve CUP 02-022, request for a Conditional Use Permit for a three building office complex in an I-L zone for Treasure Valley Business Park by Clark Development, southwest corner of North Eagle Road and East Fairview Avenue, for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order and to incorporate staff comments. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call vote: McCa~dlessT aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. MOTION CARRIED: ALL AYES Corrie: Item Number 14 is a request for Preliminary/Final Plat approval. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the PFP 02-002, the request for Preliminary/Final Plat approval of three building lots on 2.66 acres in an I-L zone for Treasure Valley No. 2 Subdivision by Clark Development. On the southwest corner of North Eagle Road and East Fairview Avenue and to strike Item Number 1 in the site specific comments and to make note that the site date Preliminary Plat they got is dated July 9, 2002, the Final Plat on record is July 19, 2002 and to-- Siddoway: Eighteen. Bird: -- have the attorney draw up the Findings of Facts and Conclusions of Law and Decision of Order and incorporate all staff comments. Siddoway: July 18th. Bird: July 18th I'm sorry. Yes July 18, 2002. McCandless: Second. Meridian City Council Meeting October 8, 2002 Page 25 0 f 59 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: All ayes. Motion is carried. MOTION CARRIED: ALL AYES Siddoway: Mr. Mayor? Corrie: Yes. Siddoway: Before moving on, J'd just like to ask a question. The issue of the sidewalk is likely to come up at staff level on other adjacent lots that are only proposing Certificate of Zoning Compliance and not coming to Council. Shall we take this direction tonight as saying that adjacent properties, like the Certificate of Zoning Compliance, we are now considering for Krispy Kreme and any others along that stretch of Eagle Road, south' of Fairview. There should not be a sidewalk required, at least from Fairview to Elixir, at the railroad tracks? Corrie: You're talking about the whole area there? I would think so, Steve. Siddoway: It wouldn't make much sense for us to now require it on little pieces of property as they come through for certificate of zoning compliance in that area. Thank you. Item 10. Item 11. Item 12. Continued Public Hearing from September 24, 2002: AZ 02-010 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road Continued Public Hearing from September 24, 2002: PP 02-009 Request for Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson -- south of West Chinden Boulevard and west of North Linder Road: Continued Public Hearing from September 24, 2002: CUP 02-012 Request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for the proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: Meridian City Council Meeling October 8, 2002 Page 26 0 f 59 ( '> Corrie: Thank you, Steve. The next items on the agenda are Items 10, 11 and 12. I would -- I hate to put this off too much, because I know we have only got three people to give us some testimony here on this, so if we can take just five minutes and then be back at 25 after 8:00 and we will get right into it. Okay. Moved and second. Okay. Thank you. (Recess.) Corrie: Okay. I will call the meeting back to order. Item Numbers 10, 11 and 12 are Continued Public Hearings from September 24, 2002, one is on the annexation and zoning of Lochsa Falls Subdivision, one is on the request for Preliminary Plat approval, and the third is a request for a Conditional Use Permit. That Continued Public Hearing is to hear three testimonies tonight and three only. We are going to hear from the school, we will hear from ACHD, and then also from the North Meridian Area Plan. At this time I will open the Public Hearing and, staff, do you need an entrance here? Siddoway: You did a good job for my staff report. I would just say the same thing, so nothing to add. Than~ you. Corrie: So if -- whoever would like to go first of the three, you certainly can start now. Wardle: Mr. Mayor and Council -- Corrie: Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Wardle: It is. Corrie: Name and address, please. Wardle: Mike Wardle, 50 Broadway Avenue in Boise. I appreciate the opportunity to come and I want to note that if our relative silence concerning the process that we have been involved with has caused either the Councilor Farwest Development any difficulty or problems, we sincerely apologize. Since our last stakeholder meeting, we have held at least five task force sessions on land use issues. The first of those was to try and determine what process improvements could be made in -- I guess as an incentive or encouragement to development that would take on the character more of a traditional neighbor design. We have also had two transportation workshops and I want to note that Christie Richardson informed me this evening that the one missing piece that we have been waiting for that I noted in my memo to the Mayor and Council, the cost data update, they finally have a scope with Washington Group that will produce that within the next several weeks and that's really a major piece of the puzzle. We also subsequently met with the Fire Department, validated, and updated some information that is incorporated in the packet that's provided to you this evening, I want to stress that this is a working draft, it has three sections, the foundation report, somewhat modified from that that you saw earlier this year, the second is the implementation Meridian City Council Meeting October 8, 2002 Page 27 0 f 59 issues and strategies, and the third component is an alternate code recommendation, Now this has not been peer reviewed by any of the task force group that has been -- well, let me put it this way: I haven't received the comments from the peer review that we have been going through, nor has it been presented yet to the development community and it -- we are still waiting for that ACHD requested program information to assist in updating construction costs and providing a scenario that will assist in infrastructure proposals. I guess the only real comment that I wanted to make this evening would be to take you to the second tab and it says section two, but if you look at it, it's actually Section B, and the relates to land use. I want to just point out that back to the comment that I made about the task force. After we met with the entire stakeholder group, we gathered together with all of the consultants and the staff -- agency staff and said how can we facilitate or encourage through any kind of incentive program -- what can we do to change the character of the process. We came to the conclusion that the process has some fairly fixed requirements, annexation, zoning, and after annexation and zoning, the platting process. The only thing that we could see that would change the scenario would be if we provided an alternative through what is deemed nationally an alternate code. That's what we have developed and is in actually the third section, but I~t me just stress on the first page of this second section, there is a couple of paragraphs that go from Page 1 to Page 2 that talk about incentives and alternate code. What we found was the only incentive that can be provided to the development community is to bypass one step in the process. If they were inclined to take a more traditional nature in their design of a development, and that would be if they followed the directions of this alternate code -- and I'm not certainly going to take you through it tonight. It's basically a traditional neighborhood design concept, and we started with information from national model codes that have been prepared by some of the gurus of the new urbanism movement, we validated it through several that have actually been adopted in some communities throughout the country and the format that is contained in this evening is of that nature. What it still comes down to is that any development proposal will have two options. They can present a Planned Development through the normal procedures, using the normal zoning options of the city, and propose their own standards or, if they wanted to do a very tightly controlled -- and it's a standards-related ordinance proposal under T&D concept. If they complied with all those standards, short blocks, totally connected street system, requirements for open space, all of these things spelled out very precisely, then if the City Council eventually approves the concept, you would enable a developer to bypass the Planned Development step. It would be only if they complied with the very strict regulations in that alternate code. Now we did some research nationally -- and I actually am serving on a review committee with the Congress for the New Urbanism, for this very subject. We found that there are a few communities -- and, in fact, the State of Wisconsin mandated that all their cities of 12,500 population or greater, have this kind of a code in place. It's interesting to note that they are still finding that the Planned Development process is the one that people are using, because they are not required to use the other. They are encouraged, that will still be the option that will be before any development proposal that would come before the city under the scenario that we have proposed. Again, this is a draft, it's been reviewed, and I need to bring our land use task force group back together, which was composed of your staff, Steve Siddoway and Meridian City Council Meeting October 8, 2002 Page 28 0 f 59 Brad Hawkins-Clark's participated, along with Tricia Nelson of Ada County, Elaine Clegg and John Barrett of Smart Growth, Becky Bowcutt and the Wardle group. I think what I need to do, though, to encourage their comments is to provide another lunch and that seems to be the motivation to get our work done. These two things of getting that feedback to make certain that it does comply with the effort that we have put into those five task force sessions. Then the information from ACHD that they indicate we should have within a couple of weeks, we can draw this to a conclusion and that's our intent. We have not been remiss or just been perhaps too quiet. Would be happy to answer questions, but that's all that I really wanted to bring you up to date with. Corrie: Any questions? Wardle: Thank you very much. Corrie: Thank you, David. School? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Bigham: It is. Corrie: Name and address, please. Bigham: Wendell Bigham, 911 Meridian Street, representing Joint School District No.2. I'm here tonight to answer any questions that Council may have, Mr. Mayor, regarding our letter of approval for this subdivision. I believe I know what the question is, but I would prefer to hear the question, so I don't go off in the wrong direction. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think I'm the one that asked this particular question and I think the only concern, Mr. Bigham, with regard to schools is that this development is supposed to be built across from the new middle school that's proposed on Linder -- is that right? Wrong section. Oh but -- okay. Well, the middle school wasn't the concern, but an elementary school. The volume of growth for this particular project was so large and because there was a park that was attached to it, it was indicated that the school district opted not to look at school sites within this development and this particular property owner. The concerns were where the schools are going to be or at least where the school district is looking to put elementary schools in the particular area. Bigham: Mr. Mayor, Councilman Nary, let me take you back approximately two years ago. I was new to the district, the North Meridian Planning Area did not exist, and a Comprehensive Land Acquisition Plan for the school district was in its infancy stages. The first thing we started doing, quite frankly, was courting the engineering community that represents developers' interest, making contact with the engineering community saying what are your clients up to, where are they looking at building land. Again, we Meridian City Council Meeting October 8, 2002 Page 29 0 f 59 remember two years ago. At that time we had a discussion with Farv..rest Development, Marty Goldsmith, and his engineer, as to whether or not a school site was needed in this geographic area and the answer to that was yes and to that end we started planning for a school site in this area. Simultaneously, with this was the emergence of the North Meridian Planning Area and the realization to us that this was quite a deal, quite a large number of homes, and we quickly came to realize the probably in that 10 square miles we were looking at something approaching 11 elementary schools or approximately one per square mile. In that effort, the elementary schools kind of become geographically very sensitive. It's hard to move anything within a square mile without getting it right across the street from another elementary school. As we started firming up the sites with the ongoing discussion of Lochsa Falls, we had an elementary site picked out and it was approximately in this area. As the development effort came forv..rard -- and please appreciate my candor -- the parks asterisk moved to that area, we were told in no uncertain terms that that is where the city park is going and the Parks Department would not be in support of the school site at that location. Based upon that and knowing how the growth was going, we have -- I believe this is Bridgetower down in here, somewhere right in here, we have an elementary school site platted as a lot block. Keltic Paramount, I think that's this area right here. The site that you were referring to is the high school site Number 6, I think, right there and probably somewhere in this vicinity we have constructive negotiations with the developer for an elementary school in that site. As we started looking at Lochsa Falls and saying we need to be in this quadrant and this is kind of, if you will, on the westerly edge of a maybe the higher density growth for the North Meridian Planning Area, we said, okay, we will back away from our requirement for this elementary school site. Again, we got to go back now about 18 months, we were really unsure of the density. Recently we have contacted Mr. Hobbs who has sold his property and we approached Mr. Hobbs about acquiring a portion of that land and he said he'd love to sell us land, but he has offers before him by two developers to purchase that land. We asked him if he would relay our concerns to those developers about a school site in that area. He said he would, he has done that, and the land has changed hands and we have met once with the developer of that -- I'm going to guess 40-acre parcel, 60-acre parcel. It is very silent in its discussions right now. However, any development that comes forth in that area, in the absence of an elementary school site right in this collective area right there, we will not be in support of approving that development. They were aware of our desire prior to their purchase of the property. Should we have a school in Lochsa Falls? Knowing today what we didn't know or what I didn't know of wasn't aware of 18 months ago, the answer is yes. We should have a school site in there. Are we really willing to change our mind and our commitment to Farv..rest Development? No, we are not. They have worked with us in good faith and if we had it all to do again things would be different. We probably would not be backed down in the face of a park and a school trying to locate geographically on the same piece of dirt. Hopefully with the logic that the schools are more geographically sensitive at one per square mile than a park and also we would not back, away so readily from the developer's concern that public service infrastructure is hitting his development a little heavier than it to be. In other words, in hindsight, perhaps Lochsa Falls could have and maybe should have ordered an elementary school site and a park site. That is water under the bridge, we are prepared to stand by our commitment to no Meridian City Council Meeting October 8, 2002 Page 30 0 f 59 elementary is needed. In addition, this piece of property here we have given them a heads up that we may need an elementary school site there. We need it on Ten Mile Road and we need it preferably on the north of the half-mile line. It has to do with how do you put a school in here if you have got one right there and one right there, we really need to be up in this area to serve Chinden. We know consciously that there is probably no advantage to putting any elementary schools north of Chinden between Chinden and the river, since they are geographically isolated from walking. All of those developments we are passing on, so that's really how things came to be the way they are and I think with that I would stand for any questions that you may have. Corrie: Any questions? Bird: I have none. Corrie: I think that's clear for me. Bigham: Thank you. Corrie: ACHD. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Richardson: It is. Corrie: Name and address for the record. Richardson: Christie Richardson, 318 East 3yth Street in Garden City, representing the Ada County Highway District this evening. I thank you for inviting us tonight to give our comments about Lochsa. I think you probably have specific questions, but let me give you just a little synopsis of our involvement with the North Meridian Plan and kind of where staff is headed in looking towards the future. J know one of our concerns is the capacity of these roadways and that, yes, we are reaching capacities in this area. The level of service recognized by COMPASS as acceptable on arterials is level of service D. This threshold is 14,000 vehicle trips a day for two lane roadways, which all of these surrounding roadways are, and one of the main concerns, as identified in the traffic study for this development, particularly with the level of service, is the intersection. In our last task force meeting with North Meridian participants, it was discussed that perhaps rather than improving these roadways to their full three or five land width, that, really, capacity enhance the intersections and that's what creates the gridlock. Perhaps one of the more important factors that we will be looking at with North Meridian Plan is how we can improve intersection right of way as development occurs. Simply adding a turn lane can increase capacity at an intersection immensely at not a great expense. One of the things we will probably start doing as the plan takes place is identifying intersections by level of importance based on how development is occurring to look at the need to widen intersections, turn lanes, stop movement and then eventually signalization. I anticipate that that's where we are headed with the roadways in the North Meridian Area before we look at adding pavement to improve the capacity for Meridian City Council Meeting October 8, 2002 Page 31 0 f 59 threshold of the roadway. I just want to give you that piece of information and if you have any specific questions I would be happy to answer what I can. Corrie: Any questions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So will those be part of the conditions of approval of these plats? Is that how you're going to try and in incorporate those improvements? Richardson: Mr. Mayor, Councilwoman de Weerd, at the present time those aren't -- because the Commission has already approved several of these plats, we can't go back and put those conditions on those plats. If some funding mechanism is established, that might be one way that those improvements could be made. The other way is that with our Impact Fee Ordinance being updated and the Capital Improvement Plan being updated, it's possible that these intersection improvements would be included in both the Capital Improvement Plan and the calculation of impact fees. Therefore, as development occurred we could use the impact fee offset agreements to make these roadway improvements. De Weerd: So how would we be assured that these intersection improvements would be made as these subdivisions come on line? Richardson: Mr. Mayor, Councilwoman de Weerd, we have actually started, as you're familiar with our five-year work program, we have put in the Planned Development portion of the five-year work program all of these roadways in the North Meridian Plan, which is something new that we haven't done before. We are trying that in anticipation of these needs coming in the very near future. We will say ACHD, in connection with the North Meridian Plan, has started to determine priorities and then either through impact fees and through agreements specifically with development -- developers as each phase of the plats come in, I think you will see cooperation between the agency and the developers. De Weerd: And are you developing some kind of language to include in the North Meridian Plan that is going to reflected some of these strategies? Richardson: Mr. Mayor, Councilwoman de Weerd, we haven't at ACHD drafted any language to that sort. As I mentioned, I think that was just kind of the direction of our previous conversations with the task force. Corrie: Any other questions? Okay. Thank you. Wardle: Mr. Mayor, Mike Wardle, again, for the record. Just to add onto to what Christie has said and with regard to your specific questions. Council Member de Meridian City Council Meeting October 8. 2002 Page 32 0 f 59 Weerd, the strategies to be developed through this process are, first, a concept implementation schedule as the general guide for north Meridian transportation improvements. The second is a Capital Improvements Plan for North Meridian arterial reconstruction and system improvements based on development patterns and the sewer service areas, which, frankly, are hand and glove. The third is a Phasing Plan that will focus on intersection improvements and right of way preservation first, then on lane expansion. Then finally a cash flow plan for the phase improvements and our analysis initially -- and it's, again, based on the new scope of work that ACHD has secured from Washington Group on what the projected costs are. We think that the challenge is going to essentially be a cash flow question and not a Jack of resources to do this. The key, as Mrs. Richardson just pointed out, probably relates to the intersections, because that's -- literally you can carry all of the traffic, but if you bottle them up and can't get them through the intersections, then your whole system goes down. We have a plan and a strategy that we are moving forward with. We are waiting for some dollar figures so that we can plug these numbers in and come up with a program that we think will take us to that step. I appreciate the opportunity just to clarify that further. De Weerd: Thank you. Corrie: Be anxious to see that. Does Council have any other questions? Okay. Then I will entertain a motion to close the Public Hearing -- continued Public Hearings on 10, 11, and 12. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Are we going to allow the applicant to reply to these? Corrie: The applicant? Oh, J'm sorry. I don't know. Becky was behind me in the football game and she was yelling for Hawaii and -- I don't know. Becky. Bowcutt: Becky Bowcutt. 1100 East Valli-Hi, Eagle. Corrie: Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Bowcutt: Yes, it is. Corrie: Thank you. Bowcutt: And I did not cheer for Hawaii, I cheered for BSU. Corrie: I know you did. Meridian City Council Meeling October 8, 2002 Page 33 0 f 59 Bowcutt: I'm an alumni. I will be very brief. The question has come up as far as transportation. I'd like to just point out that in ACHD's staff report that was adopted by the Commission, they very clearly stated that this development shall be subject to any extraordinary impact fees or Ll D or any funding source established by the district to improve the surrounding roadways or shall be subject to development proportionate share of surrounding roadway improvements established by the applicant's traffic impact study. The past projects that I have done out there, I think that the Council was very clear, we want to see the development community step up, and we, I believe, are making in-roads to that. On the Bridgetower Crossing project, for example, they have taken Ten Mile off the overlay list from the Creason Lateral up to McMillan Road. I got a no multiple times as far as getting it back on that overlay. Finally we came up with an idea that when we constructed our center turn lane, at that time our paving company would come in and also do an overlay. One, it saves them time, two, it made for a very nice roadway that was completely going -- cracking and just totally debilitated. Another example, Cedar Springs, Sundance Subdivision, both have trust funded for 30,000 dollars for a signal at Meridian Road and Ustick where the new regional park is. They could have probably -- based on the policy plan, they could have probably protested those -- that implementation of those requirements and they did not. I think like I told some of the Council Members before, sometimes all they need to do is ask. The development community is always willing to step up and do what they can and this is one project that has with the park site, with the fire station site, and a mile and a half of collectors. We have got the mixed uses, multiple types of residential, so, therefore, everything that has been coming out of that North Meridian Plan has been incorporated into this project and I just don't think that we can do any better. The school site, that's -- you know, that is an issue. Wendell is very aggressive and I'm sure he will find a site in that section. If not, we have an elementary directly across the street in the Bridgetower project with frontage on McMillan, the high school will be across the street on Linder, and I think this will be a well-served area. ! still believe it will be one of the best-planned areas in this whole corridor once you see the development take place. I'd just like to mention before you make any motions, we did have some conditions that were going to be revised. I think in my last memo, based on the findings the attorney prepared, I think the only outstanding issue was the park impact fees reimbursement zone versus limiting that reimbursement to the project itself. Other than that, I believe the staff and ourselves are pretty much in agreement. If you have questions I will be glad to answer them. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess, Becky, I had a question regarding the park impact fee reimbursement. My understanding on these other ones that we have done, like the Bear Creek, you have limited to the development itself and not to an area beyond the development. Do you know? Bowcutt: Yes, sir. That is my understanding. Meridian City Council Meeling October 8, 2002 Page 34 0 f 59 Nary: Okay. Why would this be different then? Bowcutt: When we were coming up with this concept, it was discussed as far as in general terms in the new parks plan that there were some vague provisions that would allow for some reimbursement beyond one's boundaries. The question arose in order to provide incentive to a developer -- most of the time what that -- those impacts fees from your own project do not cover the cost of the land, not taking into account any other joint improvements that one may make. Therefore, in our discussion with Tom, who I know is not here, we had talked about it, but a decision had never been made and then at the tail end, as we started going through this hearing process, Tom wanted it restricted to the project. We did go before the Parks Commission, and they did agree that it should be restricted to the project. We are looking at it that this is a community park serving a larger area than just this project. If this were a neighborhood park I wouldn't even ask for reimbursement, because I think that would be serving the subject site. This particular project has its own 6.2-acre private park with -- it's going to have multiple amenities, play equipment, and so forth to provide recreation for these residents. The park is beneficial to this development, don't get me wrong but we are just trying to be creative and I think t~at's what the North Meridian Plan is, public-private partnership, getting these development communities to take some big steps here. Nary: Thank you. Bowcutt: Thank you. Corrie: Staff have any comments? Siddoway: Not at this time. The only other -- I guess the only other thing I would point out is that I guess there was a lot of discussion or presentation wise last time about Mr. Moss's letter, some requests that he made, so I just want to make sure that was considered in your motion tonight. Corrie: Any other discussion? Okay. Any discussion? Bird: I have none. Corrie: Okay. Then I will entertain a motion to close the Public Hearing on 10, 11 and 12. McCandless: So moved, Mr. Mayor. Bird: Second. Corrie: Okay. Motion has been made and seconded to close the Continued Public Hearing on Items Number 10, 11, and 12. Any further discussion? All those in favor of the motion say aye. All ayes. Motion carried. Meridian City Council Meeting October 8, 2002 Page 350 f 59 MOTION CARRIED: ALL AYES Corrie: Discussion? Council have any discussion on that -- the zone for the park impact fees or keep it to the area of the subdivision? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess I'll comment on a couple of things. I do appreciate Ms. Bowcutt in the development wanting to try to create some different perspectives in looking at these parks. I guess my only concern is that we have a regional park at Bear Creek we did limit it to the development itself. We don't really have standards at this time to apply that and sometimes it sounds like a broken record to us, we don't have anything to apply, so we can't do it. I have a hard time justifying changing that previous standard of applying it only to the development when we don't have any other standards to grant this expansion as to how big an impact this is. I agree it's an excellent idea and it's an excellent community park that's going to be developed here, I just have a hard time engaging this zone perspective when we really don't have any way to apply that fairly to the other types of development parks that may come along. I appreciated the information received tonight. I guess for my satisfaction they have answered the questions. I was the one concerned about the elementary school and I guess I'm a little bit concerned, but I guess I agree with Ms. Bowcutt, I know Mr. Bigham is pretty aggressive in getting these done and it sounds to me like they are pretty involved in getting these accomplished. I don't anticipate that they are going to have a concern in getting an elementary school to service this area at the time it is needed, so I think that concern of mine isn't there anymore. I'm certainly willing to listen to what everyone else says on the park zone issue. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I know our Impact committee should really be the one to take this up, because it should -- we should start looking at it in terms of fairness. This -- the developer has dedicated a 25-acre park and has donated five acres of that. I think that needs to be acknowledged. It almost comes out -- if you look at the collection of the impact fees, the amount of lots and multi-family, it almost comes out as a wash anyway, especially if the impact committee does come back with a recommendation to increase the impact fees, as they are anticipating. I don't see that this districting that this is going to really impact it or it's -- actually, we are going to be collecting more than what we are buying it from -- that's what we have been doing over here is trying to calculate the cost. I don't have an issue with looking at districting and setting a precedent, because I don't want to go into this penalizing developers who try to be proactive and a part of the solution of finding our parks solution and working in partnering with the city. That's one thing that is hard to do as part of this condition to set up a district, because, like you Meridian City Council Meeting October 8. 2002 Page 36 0 f 59 said, it's never been done and I don't how we could do it, but if there is a chance Mr. Attorney can suggest some wording for that, it would certainly be appreciated. The school, I think that Wendell did address our concerns and as the application comes before us, we need to just be sure that that school site is in one of those developments and just make the message out there that that will be expected. If anyone knows who purchased that property, to please relay the message for us. As far as -- I think ACHD has really addressed my traffic concerns and how we are going to be more proactive about addressing the impact in the North Meridian Planning Area. It makes a lot of sense, I do appreciate them taking all the special time, and planning to really address these concerns, so maybe we can be ahead of the curve in this part of our town, rather than behind it, like we have been in all other areas of our city. With that said, I think everything that we asked the applicant to bring back and address has, in my opinion, been answered and I appreciate their time and effort. Siddoway: Mr. Mayor? Corrie: Steve. Siddoway: Mr. Mayor is there -- is the Impact Fee Committee currently working on language for districting policies or are they just looking at the level of impact fee itself? De Weerd: I would have to defer that to the attorney or our Park Liaison Mr. Bird. Bird: Steve, I can't answer that. Bill will have to. Nichols: Mr. Mayor, Members of the Council, the Park Impact Fee Committee for the public, consists of city staff, one person from the building community, and one person from the development community. We have had -- there is an engineer in private practice on the committee, there is also an accountant on the committee. It's not just staff and developers, but the committee has been looking at the park impact fees. J think shortly will be proposing -- and there will have to be a hearing on these -- an increase in the park impact fees and those fees will likely be structured in two segments. One fee for neighborhood parks and for contribution for neighborhood parks and one for community parks and the anticipation is that at some point when the level of neighborhood park land gets to where it needs to be, that part of the neighborhood park fee impact fee goes away. As far as policy issues like zones, I think that's one of the things that the park impact fees committee is going to have to look at in terms of long term as to whether there are zones for these park impact fees. There has not been in the past -- and the former Parks Director's preference was that there not be, so that you're not tied down if you happen to have growth in one particular area of town. Maybe you have a need to develop some park land that you have already acquired or maybe have need to acquire park land and, you know, it is a real good deal right now and you can't -- you know, they become separate funds that you cannot go into. That's a bigger policy issue that that committee and the Parks Department, Parks Commission, is going to have to recommend to this body at some point. I don't think they are there Meridian City Council Meeting October 8, 2002 Page 37 0 f 59 yet. They are not close to it. They are just working primarily on the actual fees themselves. Siddoway: Mr. Mayor, where my thoughts were going was perhaps there could be some direction from Council to either the Parks Commission themselves or to the Impact Fee Committee to work up some districting policies for these parks and impact fees -- usually they are considered service areas for those parks and terms for those. Then standard practice has been that the fees for these parks are basically just tied to the development themselves as far as reimbursement and that, that if it be approved tonight with that as the standard, so it would have to be as these policies are developed, allow them to apply for that districting once those policies are in place. That's down the road. ]t could be a few phases into this project, but at least allow the door open once the city has some policies for that districting to allow them to at least apply for that. Corrie: Steve, I was on the original Impact Fee Committee back in '92 and we had discussed this a little bit. At that time didn't have the growth issue at that point and we thought that we would probably be attacking this sometime in the later future and now is the later future. I do a.gree that Mrs. Bowcutt has a good idea and we need to study that now and find out how we can do that and maybe a zoning area would be appropriate now for us. I don't think we are there yet. Okay. Any other discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: ] just had one more comment before I get off this horse, but the city and school district in the past -- and I know currently -- I guess this is more for the record than anything else. The school district and the city in the past have had some friction in trying to get some of these issues resolved on schools and parks and it appears they have resolved this issue. What's happened is they have resolved it by saying it's one or the other you can't have both. I guess in the future we need to revisit that, that that doesn't benefit the public, they shouldn't have to decide between whether to have a park or have a school. We should be able to have both. We should be able to find a way to have both or to work with people to have both and I think that's another issue for a different day. I think in the future we have to make sure that when we are looking at things such as this, that they are so large and do meet all the criteria that we were looking for and is a tremendously positive thing for the city, that we don't have to continue it just so the school district can come and tell us that we decided to back off, because the city wants a park there. I think we need a park there and I think we need a schoo] there. [t sounds like it's going to happen, but we really need to revisit that policy of dealing with those issues and that it doesn't have to be one or the other. De Weerd: It was an unwritten policy, by the way. Nary: I agree, but the policy is -- we knew about it, we also concurred with it, we allowed that to be the way it was. Meridian City Council Meeting October 8. 2002 Page 38 0 f 59 Bird: You're right. Nary: We didn't do anything different than allow that to be. We knew that is what it was doing. Corrie: Okay. That being said, any other -- okay. Let's take it item -- I think we need to do the request for annexation and zoning first on 354.38 acres from an RUT to an R-4 zone for proposed Lochsa Falls Subdivision. I will entertain a motion on that request for annexation and zoning. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve AZ 02-010, request for annexation and zoning of 354.38 acres from RUT to R-4 zones for proposed Lochsa Falls Subdivision by Farwest, LLC, and Daniel Gibson, south of West Chinden Boulevard and west of North Linder Road and for the atto~ney to draw up the Findings of Facts and Conclusions of Law and Decision of Order and to incorporate staff comments and recommendations. McCandless: Second Corrie: Okay. Motion has been made and seconded for approval. Any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: The applicant responded to a number of the conditions. Are we concurring -- Steve, do you have that letter? Bird: Is that on the annexation? J didn't think they were on the annexation. I would include them also, but I didn't think it was on the annexation and zoning. Corrie: Steve, wasn't that on the comments on the Preliminary Plat? I guess I could ask Becky, but-- Siddoway: Yes. In as much as I wasn't there -- I was just handed a copy of it by Becky. It says here through the annexation and zoning comments from the Planning and Zoning and Public Works staff, they are in agreement and would comply with all six there. They did have some requested modifications to the Ada County Highway District and the Meridian Fire Department and the parks and recreation comments for the annexation and zoning. Would you like a copy of this to reference? Bird: I would. Meridian City Council Meeting October 8, 2002 Page 39 0 f 59 De Weerd: That's the problem about going paperless. Bird: Mr. Mayor, I would -- my motion would incorporate recommendations on B, the Ada County Highway District recommendations on the deal. The 0 recommendation of the Meridian Parks and Recreation Department, I -- I have a problem with the zones until we get our -- until we get our new fees and stuff in. I hate to say if we stayed with zones there are probably some parks that won't get developed and others will have money left over at certain times of the years, as one area develops, in that zone you will have more. In my motion I would -- the applicant's views on Band C, which is the recommendation of the Ada County Highway District, to modify, and the recommendations of the Meridian Fire Department. On 0, like I said, I certainly don't want to hold any project up, but I would not be in favor of that right now until we get our fee thing passed and our ordinance -- our new impact thing passed. I think the zoning is one thing that that committee is working on stuff and I wouldn't want to put an application in a zone when they don't -- the public doesn't want to pass on it. McCandless: Second agrees. Corrie: So you're including the application of Band C, but not D? Bird: The applicant's -- on the planning and zoning -- or the annexation. Corrie: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Just for discussion, Keith, if we can put pencil to paper and figure out what the impact fees would be collected and if it falls short of the amount for that 20 acres, then the city would reimburse or that's just out of pocket by the developer? Bird: Well, I think the agreement was written up that the city -- they would be reimbursed for their 20.51 acres that they are selling us. They are donating five acres at a cost of 30,000 an acre. We are buying 20.51 at 30,000, which is 600 and some thousand. At the current impact fees it's 862 single families and the 171 multi and 11 office buildings and all that, you're going to -- with the current one you will probably draw right around 560, 70,000. If they go up, you're going to donate that part you're going to get that much more back. j don't see -- I don't agree with their math here. They could be right and I could be wrong, but J don't feel that -- I don't feel right now that I want to zone our impact fees for subdivisions until the committee with the impact fees comes back and tells us that that's right and then they are not saying we can't revisit this, but I'm sure this development won't be done by that time. I hope not. Corrie: Further discussion? Meridian City Council Meeting October 8, 2002 Page 40 0 f 59 Nary: Could we repeat what the motion is? Corrie: No, but I can have the stenographer read it back. What we are voting on here is the approval of Lochsa Falls Subdivision on the request for annexation and zoning and have the attorney draw up the Findings of Facts and Conclusions of Law with staff comments and all including the applicant's change on the Band C and not on D. Bird: That's right. Corrie: Okay. Okay. Mr. Berg, would you give us roll call vote, please. Roll Call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes motion is approved. MOTION CARRIED: ALL AYES Corrie: Now the requ~st for Preliminary Plat approval on Lochsa Falls. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approved the Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for the proposed Lochsa Falls Subdivision by Farwest, LLC, and Daniel Gibson. South of West Chinden Boulevard and west of North Linder Road I to incorporate the staff and applicant's remarks and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. 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 approved. MOTION CARRIED: ALL AYES Corrie: And Number 12, the CUP, request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 multi-family dwellings and 11 office buildings and one commercial building, one fire station, and one city park and one private park. Bird: Mr. Mayor? Meridian City Council Meeting October 8, 2002 Page 41 0 f 59 Corrie: Mr. Bird. Bird: I move that we approve CUP 02-012, request for the Conditional Use Permit for a PUD for 862 single-family dwellings, 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park, and one private park for the proposed Lochsa Falls Subdivision by Farwest, LLC, and Daniel Gibson. South of West Chinden Boulevard and west of North Linder Road and to include the comments of staff and applicant, for the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Okay. You have heard the motion of approval with the staff comments, applicant, and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Just a question on Mr. Moss's request. Is that part of that -- Bird: They were part of the PUD. Nary: PUD? Bird: Yes. Nary: And I guess there was a couple of them that the developer had disagreed with, like maybe the mailbox and things like that. Is that included? Bird: That's included. Nary: Okay. Thank you. Corrie: Any other discussion? Roll call vote, Mr. Berg. Roll Call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion as stated is approved. MOTION CARRIED: ALL AYES Item 15. Discussion concerning Waltman Lane I Meridian Road I Central Drive I Main Street Intersection Design: Meridian City Council Meeting October 8, 2002 Page 42 0 f 59 Corrie: The last item on the agenda is discussion concerning Waltman Lane, Meridian Road, Central Drive, and Main Street intersection design. I want to emphasize this is not a Public Hearing. However, if the Council wishes to ask any questions they can at this point. Council, discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I would like to -- I don't know, Steve, if you're familiar enough about it to give us some kind of introduction, but -- he indicates he is. Then maybe the property owners have a chance. I would imagine the people who are sitting out there are here for a reason and I'd like to hear from them, personally, so -- if Council and Mayor would like to -- Corrie: Let's start with you, Steve, and then we will proceed as we go. Siddoway: Okay. Thank you, Mr. Mayor. I have prepared a few slides for you in anticipation of this. lhere is a vicinity on the screen right now, The -- let me grab a pointer. The Waltman Lane intersection is right here. The issue is related to how to get adequate access for that road and development around it. This is the 1-84 on-ramp, off- ramp interchange, Main Street, Meridian Road, and Franklin is up here. Old Town then continues to the north. There is currently a conceptually approved design for this area that's been -- being worked on by ACHD, that includes an extension of Corporate Drive around to Waltman this way and access -- an offset access to Waltman off of Meridian Road here. That access would not allow for a left turn access into it, it would be a right turn in only. I did meet with Mr. Canfield this morning, got a brief overview of their project and proposal. They would propose a connection straight from Waltman Lane to this intersection, with this being Main Street going off this way, this is Meridian Road, and this is the connection into Corporate Park on Central Drive. Their proposal, in order to make this function, would be to have this Main Street and Meridian Road function as a one-way couplet with Main Street going north, Meridian Road going south. I would also point out that this area is in the urban renewal area and within the plan area that was a motion for adoption earlier. Mr. Canfield is scheduled to speak with the MDC board in the morning at 7:30 A.M. to give the same presentation to that board. With that introduction, I guess I'll stand for any questions. Corrie: Any questions for Steve? Bird: I have none. Corrie: One of the things that when we had our discussion with ACHD Commissioners and their employees Monday was that the intersection, you understand, was about 95 percent done. Also, if we start moving one-way traffic to Fairview and -- excuse me -- to Franklin at the intersection of Franklin and Main and Franklin and Meridian Road, we might be delaying that whole project. I think that the Council was -- I believe that they Meridian City Council Meeting October 8, 2002 Page 43 0 f 59 didn't want to close that up now, because we are so far along and we have got so many things that need to be done. Terry, I would like have -- with the Council's permission, I would like to have Terry come up and explain just exactly what we did and how we explained that intersection at Franklin and Main and the one way and that I think it's going to cause, personally, a lot of problems with downtown, but, Terry, if you would kind of give us a rundown like you did Monday. Smith: Mr. Mayor and Council Members, I'll try to give you the benefit of my thinking on it and I have done a few things since in thinking about what -- the impacts of the project and the discussion was to convert the Main and Meridian to a couplet from Franklin south to where they converge there at Meridian, Main, Central, Waltman intersection. Some of the impacts and some of the concerns that we relayed was what would happen up at Franklin if we do things right now. We do need to do some acquisition of right of way at that intersection and they may not be necessary or they may need to be more, if we do a couplet, and also over at Meridian and Franklin. I expressed some concerns that there may be some modifications there in terms of adding a left turn lane perhaps. In terms of the impact -- and that's still the same. We have the same concerns that we would need to analyze these to see what impacts -- and it is a concern, because we are doing this -- to design'this project we are requiring right of way and making negotiations trying to not impact that service station as much as we can and get a little more right of way to the south to do that. We really need to know, otherwise, we have to maybe cut that project off right there and leave this to operate like it does today, if we were to meet our 2004 deadline for that project. We also had this end for 2004 -- the main need for this is to facilitate development down here. I mean this could operate longer. Franklin is a bigger term need for our perspective of moving traffic. Now we have the signal here, I think we have a little better movement potential in this area, except for getting in and out of Waltman Lane. Back to this. I did mention the impact there. As far as what we do with traffic, having a one way this far would encourage more traffic northbound up in the Old Town and southbound over here on Meridian Road. You would have -- people don't -- if they are going out to say north of Cherry and they are already on Main, they'd like to just stay on and not make a couple of turns early, just kind of a natural inclination. You would have more northbound traffic here, more southbound traffic here. Of course, the northbound is more of a concern in the afternoon on Main Street, afternoon peak traffic. I did look at this intersection, running the numbers out, 35,000 trips a day -- and I don't have anything scientific, but you figure 20,000 of those to the freeway, 15,000 to the north up this direction up through say Corporate, we were successful enough to get 15,000 of them up here and only 20,000, I think that's probably optimistic, we'd only get 20,000 here. Using an eight percent peak hour factor, I estimate you would have 50 percent more traffic there than we have here at build out of that. It does add substantial amount of traffic in this intersection to handle there. I think without margin for double left turn northbound can handle only 600 cars an hour, which is about what you have at Meridian now. You might have probably 600 now. You need two left turn lanes right now we just don't have it, nor a road to receive it. There is concerns there, concerns up here with regard to how that would operate and make it operating, maybe needing four lanes coming out here, possibly, as you get down here Meridian City Council Meeting October 8, 2002 Page 44 0 f 59 to the end. That's just sketch level Mr. Splitz may have more comments. He's looked at a little bit more and though it a little bit more as well, but-- Corrie: Mrs. de Weerd. De Weerd: How does that intersection compare to the intersection over on Eagle and Magic View? Smith: Eagle and Magic View? De Weerd: How many trips are day is anticipated and it's -- if you develop that area -- and I know this is kind of a question out of the blue that you haven't been able to prepare for, but what is the approximate number of trips that need to come out of that Magic View area at that traffic -- that signalized area and how it compares to that? Smith: The same order of magnitude, Mr. Mayor, Councilwoman de Weerd. It's the same order of magnitude. I can't remember, it was up in like the 20,000 range or something like that in terms of the number I was predicting here, if we had this split. At that location of Magic View there is a right turn in and out there -- well, right now it's full access, right turn by sign, and that takes some pressure off. They have to double back and come back to the main intersection to the north where the signal is to go north and that kind of helps split it there. The one problem that came up last time we talked about, what about people coming off the freeway, want to make that left turn, the killer on Eagle Road is you have to kind of come around in your own lane and then you have to cut straight across. Here it's more -- a little more signal controlled, I believe, rather than having your own lane. You basically have to signal control your right turns if you're going to want them to make left turns very close, otherwise, if they are coming around in their own lane trying to merge and then they want to cut across, that doesn't work. You really have to signal control your turns and it does cause you to lose some capacity. I don't know if I answered that. It was about the same order of magnitude, maybe a little bit lower. De Weerd: This would be a little lower than -- Smith: I think this would be. Mr. Splitz might even remember the number. I don't know. He mentioned that that was 110 acres. This is 90 acres here. Actually, this is less. It would depend on the intensity of it. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I believe, Mr. Smith, that we had committed to the Highway District yesterday that our discussion tonight would be on whether or not to hold off on any further acquisition on the right of way for Franklin until we had studied this some more. Is that right? Meridian City Council Meeting October 8, 2002 Page 45 0 f 59 Smith: Yes. Nary: That's all that -- we are talking about a two-part decision that we were going to discuss tonight and I guess my question for you, then, is, is it that fatal? I mean can we revisit this issue of Waltman Lane -- I think you got a commitment -- the developer did make a commitment to the Highway District Commissioners that within reason they would help pay for redesign of the Waltman Lane Intersection, but are they that tied together? Do we have to -- if we are going to reconsider redesigning Waltman Lane, do we have to them reconsider -- do we have to consider holding off on Franklin or can we just say keep going with Franklin. We will -- if they want Waltman Lane to work, we will just have to make it work without changing what the Franklin Road reconstruction project is going to be. Can we do that? Smith: You're talking about the Waltman Lane Plan that -- like this that is proposed that's on the design board right now? Nary: Well, that or something like it. I mean if they would like us to provide -- or they want to look at redesigning that intersection from this, which was proposed, and is almost completed, to that or something like that -- I mean it doesn't have to be exactly that, but something like that. I mean can't we allow that -- because I heard you say that the Waltman Lane reconstruction can be pushed back, but we just don't need to affect the Franklin one. I guess that's where I'm coming from and is that -- will that just not work? Can we do one without the other? Smith: I think you -- I don't think you want to allow this without the couplet. I think you could -- from our perspective, you could delay the -- this intersection project, but it would essentially, in a sense, be putting this on hold, because the only control we would have would be to just put a median in there and make that road come right here. Right turn in and out, which would make it more difficult getting in there. I think -- then they would still have to do what they will ultimately have to do, it just would be much harder to get out, than it will be when the road is like this. It would limit your potential to develop this, I guess. From the developer's standpoint, they want the attractiveness of access to be up front, so that you can attract the kind, of development, that they feel has that potential, and I can understand their perspective on that and appreciate that. Nary: But I guess what I'm asking is does it all have to be tied to Franklin? I mean I recognize that the concept of bringing together today is tied to Franklin and I guess what I'm looking at is -- my perspective is, is that if we wanted to say we don't want to change Franklin Road, we have made a pretty strong commitment to that project getting accomplished. If we were to say to the developers on Waltman Lane, we will certainly look at any other proposal or idea you want to bring forward, but we are not going to change Franklin, you will have to figure out a way to make either what's proposed work or something else work. We don't want to put Franklin off another year or two or more. Does that work? Meridian City Council Meeting October 8, 2002 Page 46 0 f 59 Smith: Well, let me tell you bluntly, what's at stake, I guess, Mr, Mayor and Councilman Nary. In terms of right of way, we need to go to the south there and right back to what is the visitor's center or the chamber's building, about where they are at and take a slice there and a slice over here to keep from having to really damage that service station, to have impacts on there, the way that they operate there. We might not need that if we went to a couplet. We might be able -- because you wouldn't have that left turn anymore, we would have a left turn here. We could maybe bring that traffic back without doing that, so I see we might -- you know, in the short run. The longer run it might take more right of way, you know, 10 years from now to make these two operate, but in the short run we could be buying something that isn't needed in the short run and isn't enough in the long run. It's just a risk of public tax dollars and impact to these properties that is a risk. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Terry, also Monday, yesterday afternoon, as I recall, the planning is about -- what was it, 95 percent done on the Waltman Lane deal and we have already got, if I recall, 155,000 or something like that, invested in it. By doing all the changes we are throwing everything behind -- like Councilman Nary said, we don't want to touch Franklin Road. I don't want to touch Waltman either. I mean we have been -- Waltman has been being thrown out at us since 1993 that I can recall and I thought we had finally bought off on a plan that would work. I guess we haven't. I don't want to see -- I don't want to see Franklin go down. I know the developer said Monday that he would put some money up, but I don't know how deep his pocket is if it costs another 150 to redesign it -- on this if we have got 160 -- I guess it's this design shown, Terry? Is this basically-- Smith: Well, it's been designed all the way from here on. Yes. A lot of this has been done and been built, so, you know, there is not as much of a redesign now. A lot of our concern is getting a decision up here at Franklin that's correct. Yes, that -- you would be redesigning that, regardless, and probably need this parcel. The right of way acquisition is not as key a thing on here, because you have I believe one parcel. We are working it out with the Redlins as to how things come out with them here tonight, I believe, but as far as that acquisition here, it's pretty much cut and dried. Up here, we had about three that we were touching just at the corner of Franklin that I think are really in question. That's a total buyout, so that isn't a difficult one to do, it's just arriving at the price. Bird: Well, the couplet, Terry, I thought -- as we discussed last week at the Pre-Council, that it's going to -- Meridian Road basically, from whether it's Corporate or Meridian -- or Franklin Road, have to be one way going south; am I not right? If you build their plan up there it shows Main Street being two ways. Smith: Their plan has Main Street one-way and Meridian one way. Just a couplet from here on north. Meridian City Council Meeting October 8, 2002 Page 470 f 59 Bird: Show theirs again. Smith: Yes. That should have been out of there. Siddoway: Mr. Bird? Bird: Yes. Siddoway: Mr. Mayor, Mr. Bird, the arrows here are meant to depict the scenario that is approved here and the addition of their redesigned of Waltman Lane. You will see that the Meridian Road still has a left turn onto -- to continue down Meridian Road north. That's based on that scenario. Do you have another one? Mr. Splitz has a -- Bird: I thought we had it, too. Smith: Mayor and Councilman Bird, Mr. Splitz has modified this. This shows the concept, Main northbound, Meridian southbound. This is two way. These are two ways and these are two ways. I think modified -- that's what they are really proposing and that's what it would take to work. This couldn't be a southbound movement here and this couldn't be a northbound here, you'd get too many movements in that intersection, I think we all agree traffic here, that wouldn't work. You would need to make a couplet like this. This acts as one road, this is the opposite road, and then these act as a cross street. Bird: Is Corporate far enough down to make -- to end your one way? Smith: It is technically feasible. It would almost look like a -- you'd just about have to make that possibly one way, so you would have almost a big traffic circle here. It would really be a -- it might be technically feasible. People are going to come down here like this and then be detoured around through two more signals -- at least one more extra signal here and then get to here. It's going to seem like a really onerous thing to people and won't make as much sense as this would, I guess, whether that would -- if there is enough pavement on there to make of happen, that's a good question. We haven't run through a real analysis of that. Bird: I think the major player in this thing is getting closer down to Waltman. I think it should be a priority to get down there, because you can bring a lot of people out, regardless of what you got developed down there on Corporate. I really question if Corporate is close to -- is far enough away to have -- without having a real traffic bottle jam from the freeway down to there at rush hour, because rush hour is getting to be every hour anymore. I hate to see us go to -- I'd hate to see us go to Franklin Road, because you have got a major problem with Meridian and Franklin Road intersections. You have got a major, major problem. You're going to turn two lanes to the north you got to buy an office building there. Meridian City Council Meeting October 8, 2002 Page 48 0 f 59 Smith: Here you have to have -- [ think Mr. Splitz has a diagram here that shows two lanes over here on this side turning left and two lanes north, one right. [t puts a little more pressure on that northbound up here, because you have to merge those two before you get to the railroad tracks. It's really an unconventional thing to run two lanes here that have to split back here and make a [eft. What happens if something comes up here and wants to make a left across this median, they forget it's all one way and they turn right in front of someone. Here is Franklin showing the -- what I was just talking about here with regard to the two there and if you have any breaks here, you have got the potential of somebody forgets and they make their normal left turn and they get creamed. You get a guy up here that thinks he can turn -- he's in the normal place for a left, It really does throw a major violation of a driver's expectation to put them in the one- way street with a median down the middle of it, because it's so different than anything they have ever run into. Bird: And you have got the corner over there on Meridian and Franklin that-- Smith: You have got this, too. Bird: That's no problem. You got it wide enough there to try to turn right on that other-- Smith: In the short run that will work, one lane, but in the longer run that left turn I think would -- Bird: You're asking to move a lot of traffic in one lane. Smith: Because this traffic comes down, does that. This traffic coming over -- it used to do this and this does that -- both of these are pretty light right now. I'm thinking that half of this traffic is going to end up coming down here. They are going to come up and cross at Cherry or Pine or one of the other streets and just come on down, rather than do this. That will have its own natural pressure release when people decide they don't like it, but -- Bird: Of course, between the railroad tracks south of Franklin, you have got some -- you have got some retail outlets there that draw some people, you got the video rental, you got the rental equipment place, you got a drive-in, you got a pharmacy company, you know, [ think, Terry, you hit It on the head. [think there is gOing to be a real problem of managing traffic getting it down and across, if we go that far, and [ think -- myself, I think Corporate is too close to try to make it stop one way north and south at Corporate, I think you'd have traffic jammed up onto the freeway. [don't know what the solution is. [ don't know want to delay Franklin and [ don't want to delay Waltman, either one. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting October 8, 2002 Page 49 0 f 59 De Weerd: I guess it still comes back to Mr. Nary's question, can you postpone a decision, a delay for the two or four weeks on the Waltman Intersection to look at something better or not, but -- and just continue with your Franklin right of way acquisition. What the message, I guess, of Council is we don't want to see those intersections disturbed or a proposal that would disturb those intersections as they are currently designed, to see they what they come up with. I don't know. I did -- when I was trying to figure out how traffic would flow on the intersection they are proposing, I used my little highlighter, I know you looked at a lot of different options, one of those was trying to straighten out Meridian to connect with Waltman into one intersection. Did you consider a traffic circle and would there be enough room for a traffic circle? Because that way you wouldn't have to do the one way, that you could -- Smith: We did look at a traffic circle with regard to Waltman and Meridian and there just wasn't enough room to get that in between -- get it back far enough without taking out the studiO and being into the mini storage, basically. Moving it back far enough. A traffic circle to try to bring these two together out in here, you would be basically out in there to do it. You would be taking a donut or something out in there to get those. Now as far as one giant one, we didn't look at that. The capacity of a single lane would be exceeded, you would -be talking about a double lane roundabout, which we don't have one in this part of Idaho yet, so it would be a huge jump to go from a -- people not even being familiar with them at all, to trying to drive a double lane and questionable capacity on that would -- to get the capacity, it's such a key intersection to do it, so we have concerns there. We really looked at some place -- this is a good place for one right here, got a little more rights of way, definitely. Staff would love to see one in from there, but that was just too much in terms of the volume of traffic. De Weerd: They are starting to do it more in Oregon and they certainly doing a lot on the east coast and they can move mass amounts of traffic and without making traffic stop, which could help with getting off of the interstate. It was just an idea when I started drawing this, it looked like something -- and I'm not an engineer, I just am an artist. Bird: I question that. Smith: Mr. Mayor, Councilwoman de Weerd, we are very interested in that. I have seen them in different states, Colorado and Nevada, and we are looking for a place to get that started, because it's good technology, it's a good application. It doesn't matter if you have a power shortage it works great. We don't have to go out and change the light bulbs, too. We'd love to do that, it's just having the right one and we just feel thiS is just too big, too much volume as a starter, for instance, even if it's marginal overall, the way this is growing it's a key. It works great coming off interstates and ramps In many cases and that, but I just don't think it's a good place. Corrie: Any other questions of Terry? Okay. Thank you. I would like to have Dave come up for just a minute, would you, Dave. I want to ask you a couple of three very pointed questions and you may have to talk to your group there, but would you show the Meridian City Council Meeting October 8, 2002 Page 50 0 f 59 -- Steve, that one that's 95 percent finished? Okay. Now, then, my question is if this is done, would your development still go in that area? You would have to go up and come around, rather than making a left turn this way. Maybe it's not a question you can answer now, but-- Splitz: Well, I sort of can. We didn't really look at just one development. We have looked at the build out of your Comp Plan. My client's project, I assume, would match your camp plan, so I just looked at the bigger issue and I agreed with Mr. Little is that we have the same kind of concern here IS think that up to 30,000 -- whatever cars out of there with that roadway there. Corrie: So at that -- coming out to the east and making it so that they can come out of there, would that help you at all? Splitz: Yes, sir. If we had Corporate and Waltman as both pro-active intersections, we could get the 30,000 cars out, I suspect. We haven't carried it to the same level of analysis as ACHD has, because we are just in the scoping part, but I suspect that we could get 30,000 cars out in a two, three-lane roadway. Corrie: But you're still considering one way on Main? Bird: I don't think Mr. Little and his staff or the Commission would approve the five legged intersection without some major change to Corporate and Meridian, but a five legged intersection I don't think would work very well with the build out of the land use, as noted in the comp plan. Corrie: I was thinking eventually you have got all that traffic on Main Street going north and then all of that traffic on Meridian Road going south, we are talking about some intersection problems at Franklin. Big ones. Splitz: Well, yes and no, because the -- you know, the area of single-family hOUSing is commercial or office, a lot of those are link trips, you know, people who are making more than one purpose. You may be generating 30,000 trips or 20, whatever it is, but only half of them may be new trips to the system and the other half may be already there and as several people have told ACHD in the past, the commercial trips don't add traffic, housing adds traffic, it's just rediverts it. It mayor may not cause the issue that you're concerned with. I agree with Mr. Little that we to do more analysis, but if we started it now and ACHD and the city proceed with their plans, we'd never know until after it was built. That's why we were asking to redevelop thiS or re-plan this. If it also helps you, the Waltman Lane access the way we drew it would not need anymore right of way than the Waltman Lane access the way ACHD drew it. You could let ACHD proceed with their right of way acquisition plan in that area and -- while the city and ACHD and my client work towards resolving that, because that wouldn't hurt it. We also have showed in that plan, wherever it went to, that we could fit the couplet lane use up at Franklin Road in the existing roadway and not delay that process either. From my perspective -- and you may have more issues, but my perspective is that since we can Meridian City Council Meeting October 8, 2002 Page 51 0 f 59 fit in the Franklin Road right of way and we are not taking anymore right of way here, you could probably let ACHD to proceed with their right of way acquisition while we solve this problem. Speaking of the person in the government, myself, I can tell you you're going to end up with an issue on how to develop that sometime down the road anyway, because the Camp Plan can't use that roadway system. My perception. I don't know if I have helped you make a decision, but -- Corrie: I think one of the decisions we have to make tonight is whether we want to delay the Franklin Road project. Splitz: And I don't think that you need to delay it in order to work this issue up, you just need to delay the construction of the Waltman Lane issue now and we can work with ACHD to try to figure out if any further changes need to occur. Corrie: Council, any questions? Thank you. Bird: I agree, I don't think we should hold up Franklin one bit and I think that we ought to go on with the land acquisition. I think Mr. Splitz is right on that, there is -- I think Terry was talking about the same thing. We got to get Franklin -- get the right of way acquisition. I just thought of something that Gem Street, which is down by the bowling alley, would think maybe that would be -- we wouldn't have to contend with the split of Main Street, the split in the roadway, and I know you would have to widen it a little bit, but to me I was just sitting there thinking. I think that might be the logical place to make your -- stop your -- I think if you go out and measure, that's about a mile off the freeway exit, which would give us -- we wouldn't get a real big stack of cars, I think. That way we wouldn't have to worry about Franklin Road being redesigned. Corrie: I can't help but think there is a solution to this somewhere. I'm still -- boy, thinking we need to get out of thiS, but I still don't want to see Main Street one way north -- there IS just too many businesses around there, eventually, that is going to want both sides of that street. Anyway, I think -- I think there is a solution. I don't know what it is yet. The engineers can do that. I didn't go to school for that. I can give you a pill for something, but I can't do the street. Okay. Council, have you had enough discussion about what you want to do as far as Franklin Road that we are -- go ahead. Engh: John Engh, 2000 Overland Road. We had a presentation for tonight and we are glad we got to the traffic, because we would like to work on the Franklin objective. As property owners and business owners in the community, we are not looking to delay anything. In fact, we want to keep in the same track we heard from the district the other day. We think that by putting Dave on it today to prepare the presentation that he brought, we could continue to work on behalf of both the Waltman Lane folks, as well as the community to use our best efforts to solve these issues. We'd like to ask you specifically to hold off on a decision for at least 30 days on the Waltman Lane situation, so we can continue to have Dave work on our behalf and present with Ada County to get back with you and show you how our plan works. We are talking about -- certainly as a priority not overlooking anything that's going to happen on Franklin, we know that's Meridian City Council Meeting October 8, 2002 Page 52 0 f 59 the major objective, but yet also you're talking about 90 acres next to the freeway that is going to have one shot at an access situation to cure it and it's now. We want to make sure that there is nothing that's not overturned and looked at on our behalf and also the city, because this is our gateway. This is our one opportunity to make it -- to do it right. Now we had talked a little bit about Eagle Road and what I call the Magic access over there. If you look at where the Holiday Inn is positioned right up against the freeway, you come off the freeway, you enter on Eagle Road going north, and you can see the hotel. You get all the way over into the left lane and if you come at 9:00, 12:00 or 5:00, you're not going to be able to cross that street. If you figure out that you have got to go to the intersection, which is St. Luke's, then you make a left, a left, and a left to get back to something that you can see right next to the freeway. We will be duplicating that on the Meridian Road and Waltman. You would be gOing up to -- you would be going all the way up to Corporate, you would be making a left, making another left, and coming back into the project. You will be able to see it, but you will have to know that you have to go almost a mile almost beyond it to get to it. Can we solve that? We can solve that concurrently with moving forward with Franklin. I'm not a traffic expert, but when we have the smart guys get on it and they come up within eight hours of a plan, I think that's using our best efforts to show you guys that we are out there doing our jobs and that's what we'd like to present to you guys tonight and that's to hold off on making a decision on Meridian and Waltman for at least 30 days so we could study it and continue on the present path. Corrie: Okay. Let me -- Terry, let me ask you -- we just discussed this Monday about these lanes, this Waltman Lane project. What would then curtail It -- we have got development 95 percent done, if we stop it for a month, can we get people back onto it qUickly? I know -- realize what he -- John has a dilemma here, we do, and you do, but if we delay it, this part, is that going to cost even more money? I know it will, but can you get people back on it again? Maybe they'll go onto another project. Smith: Mr. Mayor, I think we can get people back on it. They have been real cooperative. I mean with regard to the Waltman thing. Franklin is of more concern to us than Waltman. Corrie: I would agree. Smith: This is just one parcel. We could buy that now without a completed plan. In a way, we could come up with almost any alternative to make that intersection that doesn't take a major chunk of that, I think. Corrie: Okay. Smith: But the -- Mr. Mayor, Council, the points that have been brought up are good points, what about here, what about here, what about this being a couplet? What about up here, what about all the businesses affected, you're talking about a major public involvement effort to bring something to roost on the plan. We spent qUit a bit of time last time and even though we are staying south of Franklin and we don't have the same Meridian City Council Meeting October 8. 2002 Page 53 0 f 59 kind of concerns, we still have concerns. I mean these guys are going to be real concerned about which way traffic goes, just from a comfort level, if not -- if nothing else, but even though it may not have any bad impacts on them, just that comfort level of, boy, this is different. I think it's an expensive thing to re-look at this thing -- or to look at this. The last time it was looked at from here to Cherry and then this segment was looked at, because we were concentrating on really dealing with the congestion up here in the long-range plan and we didn't look at this in isolation, so we don't have a plan for that. We looked at these intersections really closely in this study of doing this, but we need more data of up here and some real analysis. Corrie: Okay. I think we probably have enough Information. We could go on all night about this, but, Council, how do you want to do this? Do you want to just go ahead and -- so that we don't delay anything on Franklin Road at this point and then do you want to have further study as far as Waltman Lane is delayed? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we keep Franklin on -- Franklin Road move ahead and give a 30 day delay -- and I don't think it has to be a complete delay. I think that ACHD can still buy their right of way if they have to -- give 30 days for the developer and ACHD to come back to us with a workable plan and for the Mayor -- as we told ACHD yesterday, the Mayor would let them know tomorrow on our thoughts. I don't want Franklin held up one minute. Nary: I would second that, Mr. Mayor. I guess my only comment would be I think we have said it enough, that we don't want Franklin delayed. Whatever proposal they want to make with Waltman Lane and Main Street and Meridian, we certainly will look at it and I guess the government will be talking about it or thinking about it or thinking about talking about it, well, that's fine, we can do that. Certainly 30 days is probably plenty and as long we keep going right along at Franklin, I think that doesn't hurt anybOdy and I think you heard Mr. Smith say as well that Waltman Lane wouldn't be critical to wait a little while to get that accomplished. De Weerd: Mr. Mayor? Corrie: Motion made and seconded. Mrs. de Weerd. De Weerd: I guess I'm sure some of the people sitting out there didn't come to listen to us talk all night, but they may want to make a comment and, you know, I kind of like the public process. If they have a comment to make, that we should hear it. I know it wasn't a posted Public Hearing, but I Imagine that's why the public comes, to comment. I would not be opposed to -- if any of these folks have a comment, to allow them the chance to comment. Meridian City Council Meeting October 8, 2002 Page 54 0 f 59 Corrie: Let's hear from John and then we will -- Engh: Just a clarification from Council and Mayor. If we could, Council, as long as we are going to continue the studies, could we ask for the full support of the Council that all Information regarding the intersection and the studies from the city's consultants be able to be shared equally and we will share all of our information with you, if you could -- if you and the Council could back us up and also your information come across the table to us so we can better understand and plan better this intersection. Nary: Well, it's his motion, but are you talking about ACHD's engineers? Engh: Both. Historically folks that have worked for the city on the city's behalf in order to plan the intersection itself. Nary: Well, again, it's Mr. Bird's motion, but I certainly don't see any reason why we can't share information. Bird: ACHD can give you everything -- Engh: Thank you. Corrie: Okay. This, like I say, is not a Public Hearing, but how many would like to say something? One, two, three, four. Okay. All right. Let's start here with this gentleman in the center and if you will just give us your name and address, please. Kassens: Elmer Kassens, I live at 735 West Carlton. I wonder if he could put back this one that they proposed. That one scared me when I saw it, because I have been a traffic engineer for 30 years and that just doesn't work. It exceeds the capacity and these areas are not really conSidered in this looking at it as a one-way couplet and that's possible it could work that way. It's kind of scary to me to start designing one of these without looking at the traffic signal operation and whether it can work or not. Now that one, if you -- could operate that way, but even that, you need a major study of the traffic movements to see what kind of signal timing you would have before you really know if it's going to work. We had one similar to this over in Twin Falls on North Five Points and there was just no way to make it work until we cut one leg off and made it a four legged intersection. At the time we were looking at that one, one of the developers said that they had one down in Arizona someplace that it just worked fine and he couldn't see why this one didn't work. We wrote to the Highway Department down there and they wrote back and said that they had actually less traffic than North Five Points did and they said it was a terrible problem and they don't know what to do with it. I can -- just wanted to kind of back up some of Terry's thoughts on this, because there is consideration here other than just looking at a design and it looks good on paper. You have got to come up with one that will move the traffic before you do it and a five-legged intersection doesn't do It. Thank you. Corrie: Thank you. Somebody else on this side and then we will get to Terry. Meridian City Council Meeting October 8, 2002 Page 55 0 f 59 Redlin: Curt Redlin, 703 South Meridian Road, and right in the middle of this fray of this thing, I guess. I have been at the location for 12 years and I have seen this intersection grow from two businesses, Chevron and McDonald's, too considerably more. The only thing I can say -- I mean I have heard all of these things for 12 years now that are said tonight on this intersection and it's very perplexing. What I see the main bottleneck In this whole plan -- and I don't really have a problem with the new plan, the five legged intersection issue is -- I think is critical and the aligning, as far as these streets are not aligning up with each other, I see as a major problem and that determines who has got the right of way and when and where they are coming from and if you have been through Five Points in Twin Falls you know what I'm talking about. The biggest problem that I see is moving the traffic in front of my studio, which is right smack dab in the middle of this, is the southbound traffic coming off Meridian Road to the freeway is where the main bottleneck seems to occur, especially between about school out at 3:30 in the afternoon and 6:30 at night. One of the nice plan -- parts of the original plan that was proposed by ACHD that kind of aided that problem was the fact that they routed traffic -- routed traffic at the intersection right through here -- that they route -- they took the traffic around the Intersection. Just by the fact of not having to stop at that light would make a big difference in the flow of traffic and how many cars can actually get through that intersection. The problem of bringing Waltman into the intersection at the pOint that was proposed by the WGI Plan is that all of the southbound traffic coming out of Franklin is going to have to stop at that light, at least to yield to the Home Depot crowd and the people that are crossing in from Waltman. That traffic will be held up and it will have to stop. The only thing I can come up with as an idea tonight would be -- I don't know if it would be possible or feasible, but it may be an idea -- and that would be to -- if you can show the WGI Plan again. This might be maybe impossible, but -- and that would be an overpass of some sort that would go over the top of this thing to get traffic to come through and that would allow this traffic to go under and this traffic to pass through. Something to get -- the problem is right in here from what I have seen from sitting right here and watching it daily for 12 years. The traffic has to stop here in order to get in line at this intersection and that's where the problem is created back in here. These two intersections not opposing each other is a problem. Right through here. I don't have the answer for it. I don't know. I have sat there and watched that thing for hours and hours and hours and -- but I understand the access -- I don't think it's a bad idea through here, j think it's a fairly reasonable idea, but the question is, again, how to get traffic crossing this intersection. You got to have relief here, because all of these are going to be going northbound, but -- and that will relieve that, but it's also going to -- at certain times of the day going to force all this traffic Into here and then if you have major development in here, this traffic is going to get on here, so you're going to have a conflict here from what I can see. Anyway, for what it's worth, there is quite a little access down in here, probably a hundred feet here, but the issue was -- there is quite a little access down Meridian through here, but another point was brought up by backup traffic, that's the key is how far is this going to back up away from the Intersection from Corporate to Central. That's going to be a key issue. The key is moving through this intersection and I think this would flow if this did not hold up here and then, of course, on Franklin, the double left turn, that will help get traffic through Franklin, but we are going to have opposed traffic coming from Old Town onto there. I Meridian City Council Meeting October 8, 2002 Page 56 0 f 59 think you're shifting the problem from here up to here is what you're doing. Maybe if you did both of them it might be able to handle it for -- you know, for a five-year fix or something like that at the rate of growth. My personal opinion is, for what this is worth, with this Lochsa coming up in here and I don't know how many thousand residents right through there, that Ten Mile possible becoming an interchange and some of the traffic would be encouraged to go through there and stay out of this area, for the future of Meridian's growth, anyway. Thank you. Corrie: Thank you. Any questions? Terry. Smith: Terry Smith, 713 East Kingsford Drive, Meridian. Over the years -- and this is going over the last two dozen years -- I have been involved in either a transportation committee or a transportation task force or a chamber transportation committee and so this intersection has been a discussion for that entire length of time and never has there been an acceptable solution that expert engineers have come up with or just citizens that are concerned about traffic. Some of the discussions that we have had have been really expensive types of solutions, but, you know -- and we citizens looking at it, we look at it and we say -- but that intersection, being the gateway to the community, deserves a really expensive solution, because of the lack of options. Now I have testified before the Council in this chamber against one-way streets, so I and some others of us are very absolutely against -- did I say one way? One-way couplet. The reason that those of us are so opposed to it -- and I realize part of the solution from the property owner is a partial one-way couplet, not a full one-way couplet, but is drivers need an alternative choice. When there is one-way streets -- now this IS a non-traffic engineer saying this -- if you have one-way streets, the driver needs to be able to choose a way to not have to go on those one-way streets or get involved in them. Meridian is unique in that it doesn't have, like most communities you see with one-way streets, whether it's Caldwell or Nampa or Boise, you don't have alternative choices entering the community and even when you get to Franklin your choices of getting through downtown Meridian are limited to three railroad crossings and there won't be any additional railroad crossings. No matter what you're looking at in this intersection, the Council has to be looking beyond how can traffic get through the rest of Meridian beyond this intersection when a solution is arrived at here. Third and a half street is one way once you get to Franklin, but that could be designed to get one more way through. That's East 3rd. West 4th is another way when that street is completed. That's the rest of the community, but the entire bottleneck for everything starts right here. Some of the discussions have included, since Meridian Road -- the Meridian-Kuna Highway comes straight across the interstate and continues -- Meridian continues on a highway that goes all the way to other communities, whereas East -- or Main Street, excuse me -- Main Street stops at Cherry Plaza. The key is Meridian and if traffic were to be able to continue going straight, two-way traffic on Meridian and a design be arrived at that traffic could go right onto Main Street. The expensive part would be a lane then coming on Main Street to the south, it would have to go underneath or over, like was said by Mr. Redlin, those are expensive propositions, but they are solutions, rather than having another confusing, unpleasant, gateway to the community of Meridian. Meridian City Council Meeting October 8, 2002 Page 57 0 f 59 Corrie: Thank you, Terry. There was -- over here. Okay. All right. Caven: Mr. Mayor, Council, my name is Mike Caven, 6834 Fairview Avenue in Boise. I'm owner and represent the owner of that piece right there. Lucky me. I have been through this as long as these other people talking about it and there have been hundreds of different ideas, solutions -- I guess I'm glad where we are today. It sounds like we are getting close and it sounds like some people want to get together and communicate ideas back and forth, alternatives back and forth. I have tried to get communication going back and forth and it basically comes down to, well, we are buying that, there is no alternative for that piece of property. We didn't buy it and, ACHD we want you to buy it from us. If that ends up happening, that happens, but, you know, our interest is to figure a way to have some development on this two acres in size and I said if it comes down to it and ACHD needs to buy it, that's what It is. We didn't buy it for that we bought it with the intent on doing some development of some type on there. Anyway, f have worked with Mr. Canfield -- in fact, I was sitting in front of his desk back earlier last year, ACHD called and said we want to talk to you about Waltman Lane. Sitting right in front of Mr. Canfield right now we'd like to get with you and talk about It and we had submitted_ some plans to them and now some additional plans just recently and I think -- don't hold this up for Franklin, keep going as fast as you can with Franklin. Locust Grove, Linder, I don't know where those are at, but if you can get those going, that's going to solve a lot of this problem. Everybody has got to cross right here and I know there is work for Locust Grove. I don't know where that -- what happened to that as an overpass there, but I sure think that would solve a lot of the traffic issues that we're dealing with. You have a great opportunity for some great tax base in here, like they're saying, that's a one-time shot to take advantage of that and it's sure worth the time to sit down and try to figure that out. Thank you, Corrie: I'm glad you want to be part of the solution and not the problem. Rupe: Linda Rupe, 1422 Rutledge. I will be brief, because I know everybody is tired and wants to get out of here. Actually, this is the slide that I wanted to use. Real briefly, I know that we are not here tonight to decide how to fix that intersection, we are here to decide do we need to delay it or delay Franklin, but I do want to say real briefly that I hope in making your decision when it does come to finding a solution for this that you will keep in mind the traffic throughout Meridian. I know the idea being discussed tonight is to get traffic in and out of this area quickly and easily so it can be developed and being on the development corporation I am all for getting that area developed. However, I don't want to see the development of this area destroy what's up here and these people are already here, they are already working hard, they are already concerned with Meridian. I just want to make sure that whatever solution we find for this intersection can work for this area, but does not destroy what's already here. That's it. Thank you. Corrie: Thank you, Linda. Anyone else on this side? Outside of attorneys. Meridian City Council Meeting October 8, 2002 Page 58 0 f 59 Butler: Thanks. JoAnn Butler, 2115 Bluestem Street. Just picking up on a practical point that Linda brought up to try to find a solution for the entire area, appreciate what Linda just said. Practically, with a 3D-day time slot, John mentioned we need direction for the -- really, the information so that everybody can work together and I know that's really not the city, it is ACHD that generates that information, but -- I'll let Terry answer this -- if ACHD needs particular direction from Meridian, say, they could release that information so that everybody can work together and I'd ask that that happen. Otherwise, that's not necessary that it just be released. Thank you. Corrie: You can have any information we have to get this thing solidified and I'm sure Terry IS sitting there shaking his head yes, too, so we will give you all the help we can. We would like to see the development there, but also from the standpoint of the City Council and the Mayor, we have got everybody to think about, not just one. That's-- Terry will help you, we will help you, you help us, and maybe we can get a solution. From our standpoint we take in everybody, not just one, so -- anybody else? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: There is a motion on the floor. Corrie: Yes, there is. De Weerd: But I would say that it seems like there is several interested people that might be able to help out, Mr. Kassens and Mr. Smith and Ms. Rupe and -- you know, take advantage of the interest -- and Mr. Redlin. Take advantage of the interest and maybe they can help find some workable solution. I would call for the question. Corrie: Okay. The question is -- the motion is that a 30-day delay of the Waltman Lane project and no delay on the Franklin Road project. Correct? Okay. Any other discussion? Hearing none, all those in favor of the motion say aye. Opposed no. Motion is carried. MOTION CARRIED: ALL AYES Corrie: And we will -- Gary, I will -- you can take that back and I will call tomorrow, too, as well. That was a good discussion. I think that -- I still think there is a way this is going to work. If it does, that's great. If it doesn't -- Nary: We are no worse than we are today. Corrie: Any other discussion, Council? Nary: Mr. Mayor? Meridian City Council Meeting October 8. 2002 Page 59 0 f 59 Corrie: Mr. Nary. Nary: Before we adjourn I was just going to make sure Council -- on Thursday night is the Meridian Merchants Association. The calendar signing that Mr. Siddoway and two of our police officers, as well as all of our firefighters -- De Weerd: And Council member-- Nary: So I would just make sure people will be there. Corrie: Okay. With that I will entertain a motion to adjourn. Bird: I so move. Nary: Second. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 10:34 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: i?~W,~f,- ~ D. CORRIE, MAYOR If / 6 /612-- DATE BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE APPEAL OF THE PLANNING AND ZONING STAFF'S DENIAL OF APPLICA TION TO ALLOW A GATE REAR PROPERTY LINE FOR ACCESS TO REAR YARD OF RESIDENCE BY: TODD BURLILE CIC 9/24/02 ) ) ) ) ) ) ) ) ) ) CASE NO. AP-02-001 FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER ON GRANTING APPEAL, OVERRULING PLANNING AND ZONING STAFF'S DENIAL OF APPLICATION This matter coming before the City Council on September 24,2002, at the hour of7:00 o'clock p.m., at the Meridian City Council Chambers, Meridian, Idaho, upon the appeal of Todd Bm-lile, and the Council having received the Appeal Application FOlm, and the record in this matter, and having heard the arguments and presentation of David McKinnon, Planning and Zoning Planner, and the Applicant, Todd Burlile, and being fully advised in the issues the following Findings of Fact and Conclusions of Law and Decision and Order: FINDINGS OF FACT 1. Todd Burlile submitted for approval, to the Planning & Zoning Depmiment, a proposal to allow a gate on rear property line for access to rear yard of residence from Nampa-Meridian Irrigation District access road behind lot. 2. The Planning and Zoning Department denied Todd Burlile's request for the following reasons: a. The final plat has a recorded note that states that direct lot access to Black Cat is prohibited unless ACHD and the City of Meridian agree to allow access. FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING STAFF'S DENIAL OF APPLICATION -- 1 b. The removal and relocation of existing landscaping and the placement of a driving surface in the southeast corner of the subdivision does not add to the visual appeal of the streetscape. c. The new driveway into Mr. Burlile's backyard will cross over either the existing or future sidewalk. d. The future expansion of Black Cat Road will place the gate only 20' from the edge of future right of way. e. The granting of the lot access by the City may create the situation that all homes within the subdivision that back up to the common lot to be able to use the common lot as a driveway into the back of each of the homeowner's individual lots. Thirteen lots abut the common lot. 3. Mr. Burlde has received approval from the Turnberry Homeowner's Association to remove and relocate the existing landscaping, and to utilize the subdivision common lots for cross over access. 4. ACHD has approved a license agreement to allow access from the common lot onto Black Cat Road, at least until such time that Black Cat is widened. 5. NMID has written a letter in support of a gate in this location because the District's facilities are in Mr. Burlile's backyard and they may require repair, clean out, etc., and vehicular access would be necessary across that portion ofMr. Burlile's backyard. 6. Joseph Silva, Deputy Fire Chief, Fire Prevention, commented that he has no concerns regarding the installation of the proposed gate. 7. Todd Bur/ile timely filed an appeal ofthe P&Z staffs determination and decision for hearing before the City Council. 8. This particular lot does not have 10' space on either side of the house through which the homeowner could access his backyard. 9. The appeal to allow a gate on the rear propeliy line for access to the rear yard of the residence from Nampa & Meridian Inigation District access road behind the lot, which is physical1y located at 4881 West Tournament Drive, Meridian, Idaho, shall apply only to said parcel, and which legal description is described as follows: Lot 8 in Block 1 of THE TURNBERRY SUBDIVISION NO.2, according to the official plat thereof, filed in Book 81 of Plats at Pages 8835-8836, records of Ada County, Idaho. FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING STAFF'S DENIAL OF APPLICA TION -- 2 CONCLUSIONS OF LAW 1. The City ordinances provide at Meridian City Code Section 11-3-4 for an appeal, hearing and review by the City Council of an order, requirement, decision, interpretation or determination by Planning and Zoning staff. 2. Good reasons exist for overruling Planning and Zoning Staffs decision because of the unique circumstances involving this particular lot. DECISION AND ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING STAFF'S DENIAL OF A GATE ON REAR PROPERTY LINE FOR ACCESS TO REAR YARD OF RESIDENCE FROM NAMPA-MERIDIAN IRRIGATION DISTRICT ACCESS ROAD BEHIND LOT OF TODD BURLILE Based upon the above and foregoing Findings of Fact and Conclusions of Law IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The decision of the Planning and Zoning staff on a gate on rear property line for access to rear yard of residence from Nampa-Meridian Irrigation District access road behind lot by Todd Bur/lIe is hereby overruled, and the Applicant, Todd Burlile, is hereby allowed to construct a gate for access to the rear yard. 2. Access will be restricted to RV-type access only until such time as ACHD approval is revoked, further, access is not to be used for a carpOli or a driveway. 3. Applicant shall submit proof of a cross-over easement access agreement with the Turnberry Homeowner's Association. 4. The access shall apply only to the BurIile property which is physically located at 4881 West Tournament Drive, Meridian, Idaho, and which Legal description is as follows: Lot 8 in Block I of THE TURNBERRY SUBDIVISION NO. 2, according to the official plat thereof, filed in Book 81 of Plats at Pages 8835-8836, records of Ada County, Idaho. FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING STAFF'S DENIAL OF APPLICATION -- 3 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the denial of the appeal 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. 0-11- By action of the City Council at its regular meeting held on the (). -- day of tJCI'75lfu-v ,2002. ROLL CALL Councilman Bird Voted~~ Councilwoman deWeerd Voted~<- Councilwoman McCandless Voted~~ Voted ~r Councilman NalY Mayo. r Robelt D. CorrifTie B. reaker) DATED; /0- -02- , Voted MOTION: APPROVED;~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Depmtment, Public Works Department and the City Attorney. 10-//-02- I -; ~ ("J"l j ~ 7-A C-Qvsr c..r, .,~~>/ ~ '-"...r:I 1,;' ,. -:- .1 -~ Z:\Work\M\Mcridian\Mcridian I 5360M\Burlile, Todd AP-02-001 \"kpP~yf()ide'r:di:fC" -f..' FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING STAFF'S DENIAL OF APPLICATION -- 4 October 4,2002 MERIDIAN CITY COUNCIL MEETING October 8, 2002 APPLICANT Public Works Department ITEM NO. {3 - (j REQUEST Heritage Commons IQuenzer Commons) Subdivision No.1 Streetlight Agreement. Brighton Corporation: 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 IRR!GATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached Memo I Agreement ~ tVVJfVV Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of MeridIan. City of Meridian Public Works Dept. Memo RECEIVED OCT - 3 2002 City Of Meridian City Clerk Office To: Mayor Conie & City Cou~ From: Brad Watson, P.E. 6 cc: File, Gary Smith, PE, City Clerk Date: 10/2/2002 Re: Proposed Agenda Item for October 8 City Council Meeting The Public Works Department respectfully requests that the following item be placed on the October 8 City Council agenda, on the Consent Agenda, for Council's consideration: -"7 1) Quenzer Commons Subdivision No. 1 Streetliaht Aareement - Briahton Corporation. Copy of signed agreement included. Recommended Council Action: Approve streetlight agreement with Brighton Corporation and authorize the Mayorto sign and City Clerk to attest. 2) Sewer Service Reimbursement Aareement. White Drain Sewer Trunk Proiect - Sundance Limited, Sundance Subdivision. This agreement provides for reimbursement to the City for sewer services installed by the White Drain Sewer contractor through future phase of Sundance Subdivision. The agreement is similar those previously approved with the Cedar Springs and Quenzer Commons developers. Recommended Council Action: Approve reimbursement agreement with Sundance Limited, LLC and authorize the Mayorto sign and City Clerk to attest. 3) Addendum to Aareement for Professional Services - South Slouah Trunk Extension Proiect. JUB Enaineers. JUB Engineers is requesting an additional $3,000 to the Easements, Permitting & Agency Coordination task item included in their existing agreement. This extra work is needed due, primarily, to one of the easement properties being sold to a new owner with new conditions. A copy of the addendum is attached along with JUB's cover letter dated September 29 detailing the total agreement amounts. . Page 1 Recommended Council Action: Approve the Addendum to Professional Services for the South Slough Trunk Sewer Project with JUS Engineers in the amount of $3000.00 and authorize the Mayor to sign and City Clerk to attest. 4) Chanae Order NO.1 (final) - Meridian Hiah Water Line Proiect. Please refer to October 2, 2002 memo to me from Len Grady. 5) Award of Contract for Variable Frequency Drives- Well Nos. 10 & 14. Please refer to October 2, 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 between the CITY OF MERIDIAN a and Brighton Corporation, pertaining to the 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 11 street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Quenzer Commons No.1 in Meridian, Idaho. The parties acknowledge that the 11 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 above 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 replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 11 street lights located in Quenzer Commons No.1 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 Heritage Commons Homeowner's Association. QUENZER COMMONS NO. I - STREET LIGHT AGREEMENT Page I This AGREEMENT shall be binding on Brighton Corporation its heirs, successors and assigns, and the CITY OF MERIDIAN. day of ,20 Dated this CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho By Robert D. Corrie, Mayor ATTEST: William G. Berg, Jr., City Clerk Brighton Corporation By: ~Mt/~t!gffC David W. Turnbull, President QUENZER COMMONS NO. 1 - STREET LIGHT AGREEMENT Page 2 STATE OF IDAHO ) ) ss. County of Ada, ) 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 this2t)C~y of ~~O (/2:.-, 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. ) QUENZER COMMONS NO.1 - STREET LIGHT AGREEMENT Page 3 ( "G,~ COUNTY RECOfW::R \.. > C ,,' "i' '1 ~ "/~ nnn 'n ,rIlf) ) ;~~;~'':: ':~.. ~81\" ~l) RECOROEO.R FE~'E? 1021 i9243 MERIDIAN CITY tb 20D2 DC 1 6 Pi'; 3: 21 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Brighton Corporation, pertaining to the street lights in Quenzer Commons No.1, a 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 11 street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as QuenZer Commons No.1 in Meridian, Idaho. The parties acknowledge that the 14 street light pole~ 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 above 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 bum out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 14 street lights located in Quenzer Commons No. lin 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 Heritage Commons Homeowner's Association. QUENZER COMMONS NO.1 - STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on Brighton Corporation its heirs, successors and assigns, and the CITY OF MERIDIAN. ,{/l__'~ day of -; . 9 / _ tf.i'C- to ?)eU , 20 {} 2. . Dated this CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho ATTEST: .. ~ Brighton Corporation By: ~//m~d~ David W. Turnbull, President ;; QUENZER COMMONS NO.1 - STREET LIGHT AGREEMENT Page 2 STATE OF IDAHO ) ) ss. County of Ada, ) On this fday of 0 C\:-Q~{ , 20 D~ , 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 ...... ...ON S -+. .++~~TA~4f~.. .~,~O -~)-\...ot'.. +":)1 ""1" ~ \:~. .. I \ ,. .. : \ . .. I I .. . \ I . . \ t .. .. \ " or .. .. A_-'tC '0 · .+<P~...:.u.m..~~~~ - . ~....,,;:,--~.;nM:.. -."4OFw.+ ....... ~hCVLm8~\l~ NOT AR Y PUBLIC FOR IpAHO RESIDING AT Ad tALOLW:t'j MY COMMISSION EXPIRES JJdw 1- 2<6~ STATE OF ) ) ss. County of ) On thi26C~y of ~~O d2=-, 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. QUENZER COMMONS NO.1 - STREET LIGHT AGREEMENT Page 3 October 4,2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department October 8, 2002 ITEM NO. 3-[ REQUEST Sewer Service Reimbursement Agreement, White Drain Trunk Project - Sundance Limited, Sundance Subdivision: 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 ~J7.L,/ {vtro Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. '\/";... UCT 03 '02 16: 12 FR PUBLIC WORKS 2088871297 TO 3227307 P. 02/10 RECOROED~REQUESTOr :IOA CnUUNTY RECORDER /nee, b/~~ Ct'''''"", <J. ( .1'.110 NA\I.~?,~O 7 ~DOZ ~~~-9 "';;;;'1: 32 101'#;E: j ;/IE;U~Y;~~_'fU" .- WATERLINE LATE GO~RS AG:R.EEMENT FIVE MILE ROAD WATER LINE EXTENSION SUNDANCE INVESTMENTS LIMITED PARTNERSHIP This Agreement made and entered into this ~ day of C>c-6 b z,.- 2002. by and between SUNDANCE INVESTMENTS LIMITED PARTNERSHIP, an Idaho Limited Partnership, hereafter referred to as ~Developerll, and the CITY OF l\1ERIDIAN. hereafter referred to as /lCity" WITNESSETH: WHEREAS, the City limits extend east of Eagle Road, but prior to this Agreement and the construction referred to herein, such area was not provided water service by the City; and WHEREAS, the Developer constructed a water line from an e;.dsting water line to an area east and west of Eagle Road and south of Overland Road, as shown in "Exhibit N', which water line is able to provide service to land north and south of Overland Road to the land shown in Exhibit "A" which is attached hereto and by this reference incorporated as if set forth in full; that the Total Service Area is approximately 460.98 acres which, if developed under the land use density projections shown on Exhibit liB", which is attached hereto and by this reference incorporated herein as if set forth in full, with land use densities shown on Exhibit IIBfI, there could be 637 equivalent residential units (ERU) in the 460.98 acres; that the Developers subdivision(s) consists of 98 ERU; that on the land not included in the Developers subdivision, there could be 539 ERU; and ,~1 \li1fIa.tr (~ xJ~/ WATER LINE LATE COMERS AGREEMENT Page-Iof6 W~J ~~ -~~ ~O.~~ ~~ ~u~~l~ WUKK~ 2088871297 TO 3227307 P.03/10 WHEREAS, the water line constructed by the Developer will benefit land other than only the land developed by Developer; that the land that can be served by the said water line is shown in Exhibit "N'; that the developable land that can be served by the water line could contain 637 ERU)s~ that the existing developed areas that eventually connect to the water line serviced by the City win be subject to the latecomer fees descnbed he~ that 68% of the land not included in the Developer's subdivision would be developed in ten years, the tenn a late comers Agreement is allowed to run, and WHEREAS, the total cost of constructing the said water line bome by the Developer was $304,743,00; whereas the water line will benefit the Developer's Subdivision(s) which could contain 98 ERD's, or 15.4% of the total area to be benefited by the construction of the water line; therefore the cost to Developer to construct the water line to his O'WIl subdivision(s) would be $46,883.54; that by subtracting this amount as the total Developer's cost share, the total cost to all late comers is $2S7,859.46~ and then dividing by 68% of the remaining number ofERU'g that could be served by the water line; and then adding a 5% administration fee to be included with each Late Comer payment (City Code Section 9-IM13), there should be a late comers fee of $733.90, plus interest, per ERU as sho\VIl in Exhibit "C'; and WHEREAS, Section 9-1-13 of the Water Ordinance provides that the City may enter into water line extension and reimbursement agreements and that section further provides that water users who subsequently connect to the extended water line(s) shall be charged an eight (8) inch diameter water line equivalency fee; said fees are in addition to the connectioI1 and user charges normaIIy assessed a user due to the fact the user has not contributed to the cost of the extended line; the above fee is hereafter referred to as tlLate Comer Feelf; the above ordinance section ptovides that the late \ll1tlatr (~G\~ I ,( I \\' \~- " WATER LINE LATE COMERS AGREEMENT Page-2of6 U~I ~~ '~~ Ib;l~ rK ~U~L!~ WUKK~ 2088871297 TO 3227307 P.04/10 comern fee may be used to reimburse the person or persons so extending the water line(s). WHEREAS, pursuant to Section 9-1-12 of the Water Ordinance~ the City is required to charge a Water Construction Equivalency Fee to any person or property owner who has not otherwise paid for, or contributed proportionately toward the costs and expenses of constructing a water line, whether that construction has been perfonned by the City.. a local improvement district or a private entity, or combination thereot: and who subsequently desires to connect to the City water system, shall be required to pay an additional connection charge which shall be known and referred to as the UWater Construction Equivalency Feel!. NOW) TIIEREFORE. IT IS HEREBY AGREED AS FOLLOWS: 1. The above recitals are cont:ractuaI: and are incorporated herein as if set forth in full. 2. That the Developer has paid for engineering, planning and construction of the water line shown in Exhibit II A", and which will benefit the land also shown in Exhibit I. A'l. 3. The Developer has contributed $304,743.00 to total construction costs of the said water line, of which Developer is entitled to be reimbursed the sum of $257.859.46 plus interest, which represents land that could be served by the water line but is not included in Developer's subdivision. 4. That for all land in Exlubit "A" subsequently connecting to the water line referred to in Exbtbit UN" except the land in Devdoper's Subdivision(s). the City will charge the sum. of $733.90 plus interest, per ERD as shown in Exhibit "C"; such users shall hereafter be referred to as 11LATE COMERSll; that the charge is the water construction equivalency fee authorized in 9~1-12 ande established by this Agreement., which fee shall herein be referred to as "LATE COMERS FEE"; the fee is in addition to any other water clwges for connection to the water system; the computation of the \,l\\tials ;((1\ ~. WATER LINE LATE COMERS AGREEMENT Page- 3 of6 _ _. __..... __ __ ..._ I I.... ~ "-'~L...;\"'" wut,r"...; <:::10000 (L,::::~f ( I U ..)~~"( ..j~. ( 1-'.05/10 Late Comers Fee is sho\Vn on Exhibit fie" attached hereto and by this reference incorporated herein. 5. That an the late comer fees assessed above in Paragraph 4 shall be set aside and deposited to a special account to be designated the "FIVE MILE ROAD WATER LINE EXTENSION (SUNDANCE) PROJECT REIMBURSEMENT ACCOUNT" and shall reflect interest at a rate of 6% to be accrued on the unpaid balance once a year at the City's Fiscal Year End (9/30) each year for the term of the agreement, and shall be dismbuted quarterly to the Developer. 6_ That the late comer fees assessed, which will go into the FIVE MILE ROAD WATER LINE EXTENSION PROJECT (SUNDANCE) REIMBURSEMENT ACCOUNT. shall increase at a rate of6% per annum as shown in Table I of Exhibit "C". 7_ That the late comer fees shall be collected by the City from all users subsequently connecting to the water line shown in Exhibit JlA" for the land also shown in Exhibit IlAIl. except the land in Developer's Subdivision. 8. That the City shall charge the FIVE MILE ROAD WATER L.lNE EXTENSION (SUNDANa) PROJECT REIMBURSEMENT ACCOUNT the 5% fee authorized by 9~ 1-13. 9. That the City shall have prepared on an annual basis an audit of all funds collected pursuant to this Agreement., which audit shall coincide with the general audit of the City; that the cost of this audit shall be paid by the City as part ofits administrative costs. 10. It is agreed that the water line(s) refetenced in Exhibit tlNl is the property of the City and shall henceforth be maintained by the City at its sole cost and expense. 11 The term of this Agreement shall be until Developer bas been reimbursed the principal sum of $232,328.82,> plus interest, as determined in Paragraph 6. less the 5% administrative fee or. if ~ l(_l/ WATER LINE LATE COl\llERS AGREEMENT Page - 4 of6 U~l ~~ '~d lb:l~ r~ ~UBLIC WORKS 2088871297 TO 3227307 P.06/10 this is not achieved. for a period often (10) years or~ until such time the water line descnbed herein is abandoned. If the Developer has not been reimbursed the principal sum pIus interest less administrative fees after ten (l0) years from the date of this Agreement, the Agreement may be renewed by mutual Agreement of the City and the Developer, at such time as the City ordinance allows for extension of a ten year time frame. If the City does not amend this ordinance. then this agreement shall have a ten year life span. 12_ This Agreement shall be binding on the assigns and successors of the parties hereto. DAlEO this ~ day of 0 c.-\-o ~ ~/ . 2002. BY: ArrEST: gF~lAN ;tiJ~; OBERT D. CORRlE, MAYOR J~k.~ WILliAM G. BERG,lR. I CLERK 1&-/5" -() 2-- SUNDANCE INVESTMENTS LIMITED PARTNERSHIP By (COlporate seal) R Anderson, Vice President of e Sundance Company, an authorized agent of 8undance Investments Limited Partnership cr "'-::- l .......---.... WATER LINE LATE COMERS AGREEMENT Page- 5of6 u~, ~~ ~~ LO'L~ rK rU~L!L WUKK~ 2088871297 TO 3227307 P.07/10 STATE OF IDAHO,) : ss. County of Ada,) On tbis16-\'J;y of ~)cJ~VxtL ,2002, before m~ the undersigned, a Notary Public in and for said Stat~ personally appeared ROBERT D. CORRlE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CI1Y OF MERIDIAN. Idaho, and who executed the within instrument, and acknowledged to me that the CITY OF :MERIDIAN executed the same. IN" WITNESS WHEREOF, 1 bave hereunto set my hand and affixed my official seaJ the day and year first above written. SEAL ,....... ...ON S ... l~OT~~,*... .. ~, \ .. .. I , . . I 1 · . \ . . .. \ L II . \ '" . \ .b._'C '" ..Q)~":'_CJ.m..1J..~~O. · .<"'1.,.,...-_....<\~. ......uQF))-':.. ......... J ~_ ~QCULU\\IJV14~.ft ) NOTARYPlJBUCF9RlD~O . - RESIDJNG AT Ad (d ~U::~f JiA-irfl MY COMMISSION EXPmES --tX STATE OF IDAHO,) County of Ada.) On this a day of Cc ~~ ~, 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared Ryan Anderson, known to me to be the President of THE SUNDANCE INVESTMENTS LIMITED PARTNERSHIP, and who executed the within instrument on behalf of said Limited Partnership, and acknowledged to me that said Limited Partnership executed the same. : 55. IN \V1TNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. "t.........# .,t Pi '...... ....' ~1 OC'-~. ",,,," L;."y ............ "'0 ~~ 4 ~v ___... "'P ~ SE~ J' TAD .... \ : f ~O ~ l'" ~ : *. _._~* 5 :" (.,: \. ... PUB\.'\ i ':oo,p... #~ .... .l'-i ........ '" "'.... .", 1"8 OF \9 ,...... '" ..' .,.,.....". B-~~~;Q~ NOTARYP CFORIDAHOd RESIDING AT ~Nl~ \ \ MY COMMISSION EXPIRES \ 2- - \ \o-z.).5 W ATERLlNE LAlE COMERS AGREEMENT Page- 6 of6 a.<!!:~' \>~ '~ UCI ~~ '~~ 1b:12 FR PUBLIC WORKS 2088871297 TO 3227307 P.08/10 i ( Sundanl..: Investments Limited Fartnership Latecomer's Agreement Exhibit" A" '1 ~0tJ-LJLU ~ ~ IF _\ j / '--- ~~~ ~ ~ "" ~ /~ L/ ~ I ~ ~~ c - ~ ---~ u ~ ~~ - 1-84 "- 7 - -- t - - ::: --~ -- ~fJ; ~\ jl//~ r-_ "-.... -e-......- ~ I - - =-) ~::;; -<0- ,- - n D )j rfr 1- I B~ ~Jh_~ r-- -d -:;-- -1 \ r- j I . _ . oJ, .~. ~ ___~ -- ---4 -- '-- - - c // ~ I ~ I - ~ ~ I ^~7^-""'-:::: -- ~ ~~YAII~Ulllrlll v~~ _ - - ~ >.y ~ \\F ,-/'" -.....; I ~^<8~ ~~i~ ~ f- f~1J 1, \ ~~W /.:'JJ::j 'L I~;~ ~ ~~ f ..-' \ I '- \..L.-/. ~L'0-'..A."tS...]h r-t1J....L III F B3Q1.:-+::1 t::: '&i)y-\ . I. )2:1 A ~"Z'^ X'IJ. l- - ~ :Mil II 1~1 ~~~r-",,~Lm \ l ::: - - - - == - - I( o I 1000 2000 3000 4000 Feet ~W.E L"..,r s CJ Latecomers Area ( t .ndance Investments Limited Partnership. Water Latecomer Agre... .~nt SILVERSTONE SUBDIVISION WATER LATECOMER ERU CALCULATIONS Developer. Sundance Development Co. GRIFFIN JAMES F 83.57 I MU 1.14 95 I S66,400 I Y I 95 KEPUS CHRISTOPHER J & KATHLEEN M 67.81 I MU 1.14 I 77 $53.819 I Y i 172 IDAHO ELKS REHAB HOSPITAL INC 52.62 I MU 1.14 I 60 $41,937 I Y 232 VAN AUKER RONALD W 32.90 I MU I 1.14 I 38 , $26,560 I Y I 270 VAN AUKER RONALD W 16.17 MU I 1.14 18 I $12,581 i Y 288 KENAI PARTNERS LLC I 12.30 MU 1.14 14 I $9,785 Y I 302 RACKHAM L L C 10.91 RES 2.8 31 $21,668 Y I 333 SUTHERLAND FARM, INC. 10.24 MU 1,14 12 $8,387 Y I 345 KENAI PARTNERS LLC 10.01 MU 1.14 11 $7,688 Y 356 COULTER KENNETH 0 & CONNIE 9.91 I MU 1.14 I 11 $7.888 356 TERTELING COMPANY INC 9.90 RES I 2.8 28 I S19,571 Y 384 KEPUS CHRISTOPHER J & KATHLEEN M 9.77 RES 2.8 27 i $18,872 Y 411 SPOFFORD CONNIE L & PHILIP W 9,40 RES 2.8 26 I $18,173 411 KENAI PARTNERS LLC 7.81 RES 2.8 22 I $15,377 Y 433 RACKHAM LAWRENCE H & J'DEANNE F TRUST 4,44 RES 2.8 12 I $8,387 433 RACKHAM LL C 4.19 RES 2.8 12 I $8,387 433 VAN AUKER RONALD W 2.98 MU 1.14 3 $2,097 Y 436 ADA COUNTY HIGHWAY DISTRICT 2.B9 0 0 $0 438 ADAMS WILLIAM B & IRENE F 2.02 RES 2.8 6 $4,194 436 HUTT DONALD 0 & KARYN MARIE 1.86 RES 2.8 5 $3,495 436 TIBBETTS JERRY L & CAMILE A 1.76 RES 2.8 5 ! $3,495 436 COLUMBIA INVESTMENT LLC 1.67 RES 2.8 5 $3,495 436 BARTON LEWIS E & MARY ANN 1.63 RES 2.8 5 $3.495 436 COLUMBIA INVESTMENTS LLC 1.45 RES 2.8 4 $2,796 436 GREEN ROBERT W & ELlZA8ATH A 1.01 RES 2.8 3 $2,097 436 KELLER LANCE 1.00 RES 2.B 3 $2,097 436 VAN AUKER RONALD W 1.00 RES 2.8 1 S899 436 BEITZ LEONARD F & NANCY H 1.00 RES 2.8 1 $899 436 KELLER LANCE H 0.99 RES 2.8 1 I $699 436 FAZENBAKER GARY L & DEBRA G 0.79 RES 2.8 1 $699 438 SWEET JAMES EDWARD JR & JOY 0.60 RES 2.8 1 $699 436 SWEET JAMES E JR & JOY L 0,43 RES 2.B 1 S699 436 OVERLAND WAY HOA INC 0.08 0 0 $0 436 OVERLAND WAY HOA INC 0.03 0 0 $0 436 I I Parcels from Ada County GIS Mapping Primowner DEVELOPER'S PARCELS SUNDANCE INVESTMENTS LIMITED PARTNERSHIP SUNDANCE INVESTMENTS LIMITED PARTNERSHIP SUNDANCE INVESTMENTS LIMITED PARTNERSHIP LATECOMER PARCELS ERU'S Acreage Land Use per acre i Running Count of Parcels Likely To Develop Projected Projected Total ERU's Latecomer Payment Likely to Develop Within 10 Years? 460.98 Acres 637 ERU's ERU's likely to develop: Total Projected ERU's: % likely to develop w/in 10 Yrs: 438 637 8B% . Denotes portion within latecomer's area Page 1 {f V. j . ~'":.--w:' silverstone H20 lC.1 0-8-1l2.xls 10/8/2002 "EXHIBIT C" SUNDANCE INVESTMENTS L.P. SILVERSTONE WATERLINE LATE COMERS' AGREEMENT FEE COMPUTATIONS AREA DETERMINATION: Total Service Area = 460.98 Gross Acres Latecomers Area = Total Service Area - Developer's Area TOTAL SER VICE AREA PROJECTED ERU's: I 637 DEVELOPER'S AREA PROJECTED ERU's: I 98 LATE COMER'S PROJECTED ERU's: I 539 FEE COMPUTATION: DEVELOPER'S CONTRIBUTION: $ 304,743.00 Verified from Billings PORTION ATTRIBUTABLE TO DEVELOPER'S SUBDIVISION: 15.4% x $304,743.00 = $46,883.54 %OF TOTAL 100.0 %OF TOTAL 15.4 %OF TOTAL 84.6 PORTION OF DEVELOPER'S CONTRIBUTION ELIGIBLE FOR REIMBURSEMENT: Total Service Area (100%) M Developer's Percentage = Percentage Eligible = 84.6% 84.6% x $ 304,743.00 = $257,859.46 LATE COMER FORMULA: (Eligible ReimbursementlLate Comer's Service AreaERU's = Late Comer Fee per ERU) $ 257,859.46 = $478.40 539.00 t([.. REIMBURSEMENT BASIS: Assume payback period of ten years and an overall growth rate of 68% within the Late Comer area over that ten years. The Adjusted Late Comer fee per ERU = $ 478.40 68% = $698.95 ADMINISTRATIVE FEE: An administrative fee will be added to the latecomer fee to cover costs to the 5% Latecomer Fee wi City Administration Cost: $698.95 x 5% = $733.90 REIMBURSEMENT SCHEDULE: The Developer paid the costs of installing the water line. The Late Comer fee paid by each parcel, or portion thereof, who connects to the subject water line v..:ill be paid per the above agreement. The fees assessed to each latecomer shall be adjusted annually on October 1st, at an annual percentage rate of 6% The latecomer fees shall be: Effective Date Latecomer Fee per ERU October 1,2002 $733.90 October 1,2003 $ 777.93 October 1, 2004 $ 824.61 October I, 2005 $ 874.09 October 1, 2006 $ 926.53 October 1,2007 $ 982.12 October 1, 2008 $ 1,041.05 October 1, 2009 $ 1,103.51 October 1,2010 $ 1,169.72 October 1, 2011 $ 1,239.91 Table! Meridian City Council MeetinQ October 15. 2002 The Regular Meeting of the Meridian City Council was called to order at 7:00 P.M. on Tuesday, October 15, 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, Brad Hawkins-Clark, Gary Smith, Brad Watson, Ken Bowers, Dean Willis, and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird Corrie: All right. I'm going to open the Meridian City Council Regular Meeting on Tuesday, October 15, 2002, at 7:00 P.M. Would you, please, have roll call attendance, please, Mr. Clerk? Item 2: Adoption of the Agenda: Corrie: Okay. Item Number 2 is the Adoption of the Agenda. Council, any additions, or corrections to the agenda? Bird: I have none. Corrie: Okay. Hearing none, I'JI entertain a motion to adopt the agenda as written. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we adopt the agenda as published. McCandless: Second. Corrie: Okay. Motion has been made and seconded to adopt the agenda as published. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 3. Consent Agenda: A. Approve minutes of October 1 J 2002 City Council Regular Meeting: Meridian City Council October 15. 2002 Page 2 of 41 B. Findings of Fact and Conclusions of Law: 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: C. Findings of Fact and Conclusions of Law: RZ 02~002 Request for a rezone of 1.52 acres from R-4 to L-Q zones for the Holy Nativity Episcopal Church by the Holy Nativity Episcopal Church - 1 021 West 8th Street: D. Findings of Fact and Conclusions of Law: 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: E. Findings of Fact and Conclusions of Law: 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: F. Development Agreement: AZ 01~009 Request for annexation and zoning of 8.15 acres from RUT to R-4 zones for proposed Staten Park Subdivision by CMD, Inc. - southeast corner of North Black Cat Road and West Ustick Road: G. Agreement for Services with MD Willis, Inc.: H. Approve New Beer and Liquor License Applications for Goodwood Barbecue -1140 N. Eagle Road: I. Approve Beer License Transfer and New Liquor License Application for Tequila Grill Restaurante by David Samuelson - 2031 E. Fairview Avenue, Suite 103: J. Silverstone Subdivision Water Latecomer Agreement - Sundance Development Company: K. Sale and Purchase Agreement, Permanent Slope Agreement, Temporary Construction Easement, clOd Addendum to Temporary Construction Easement for the Overland Road Rebuild Project - Ada County Highway District: Corrie: The next item is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council October 15, 2002 Page 3 of 41 Bird: I would move that we approve the Consent Agenda as noted and for the Mayor to sign and the Clerk to attest on all contracts and papers necessary to be signed. De Weerd: Second. Corrie: Okay, Motion has been made and seconded to approve the items on the Consent Agenda, A through K. 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 4. Department Reports: Corrie: The next Item is Department Reports. Any Department Reports at this time? Item 5. (Items Moved from Consent Agenda) Corrie: All right. Item Number 5 is items moved from the Consent Agenda. There are no items moved. Item 6. Ordinance Number : AZ 01 ~009 Request for annexation and zoning of 8.15 acres from RUT to R-4 zones for proposed Staten Park Subdivision by CMD, Inc. - southeast corner of North Black Cat Road and West Ustick Road: Corrie: So Item 6 is an ordinance. Can you give me the number of that, Mr. Berg? Berg: Sorry I wasn't prepared, Mr. Mayor. It's Ordinance Number 02-979. Corrie: All right. Ordinance Number 02-979, request for annexation and zoning of 8.15 acres from RUT to R-4 zones for proposed Staten Park Subdivision by CMD, Inc., southeast corner of Black Cat Road and West Ustick Road. At this time I would like to have, the City Clerk read Ordinance Number 02-979 by title only, please. Berg: Thank you, Mr. Mayor, Members of the Council Ordinance Number 02-979. An Ordinance finding that certain land to be known as Staten Park Subdivision, the location of which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner Cap Co, Inc., an Idaho corporation, has made a request for annexation in writing to the Council, that said land be annexed to the City of Meridian and zoning designated Low Density Residential District (R-4) and declaring that said land by proper legal description as described below be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof in conflict herewith and directing the city engineer to add said property to the official map of the City of Meridian, Idaho, and directing the clerk of the City of Meridian to file a certified copy of the ordinance and map of the area to be City of Meridian Public Works Dept. Memo RECEIVED OCT - 3 2002 City Of Meridian City Clerk Office To: Mayor Corrie & City cou~ From: Brad Watson, P.E. b CC: File, Gary Smith, PE, City Clerk Date: 10/2J2002 Re: Proposed Agenda Item for October 8 City Council Meeting The Public Works Department respectfully requests that the following item be placed on the October 8 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Quenzer Commons Subdivision No. 1 Streetlioht Aoreement - BriQhton 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. -x 2) Sewer Service Reimbursement Agreement. White Drain Sewer Trunk Proiect - Sundance Limited, Sundance Subdivision. This agreement provides for reimbursement to the City for sewer services installed by the White Drain Sewer contractor through future phase of Sun dance Subdivision. The agreement IS similar those previously approved with the Cedar Springs and Quenzer Commons developers. Recommended Council Action: Approve reimbursement agreement with Sundance Limited, LLC and authorize the Mayor to sign and City Clerk to attest. 3) Addendum to Agreement for Professional Services - South Slouoh Trunk Extension Proiect. JUS Engineers. JUB Engineers is requesting an additional $3,000 to the Easements, Permitting & Agency Coordination task item included in their existing agreement. This extra work is needed due, primarily, to one of the easement properties being sold to a new owner with new conditions. A copy of the addendum is attached along with JUS's cover letter dated September 29 detailing the total agreement amounts. . Page 1 Recommended Council Action: Approve the Addendum to Professional Services for the South Slough Trunk Sewer Project with JUS Engineers in the amount of $3000.00 and authorize the Mayor to sign and City Clerk to attest. 4) Chanoe Order NO.1 (final) - Meridian Hioh Water Line Proiect. Please referto October 2, 2002 memo to me from Len Grady. 5) Award of Contract for Variable FreQuency Drives- Well Nos. 10 & 14. Please refer to October 2, 2002 memo to me from Len Grady. Thank you for your consideration. ;fA . Page 2 CIIE=- ~Yr.!i11 LeL(er of Transmittal Date: 9/18/02 To: Brad Watson, P.E. RECEIVED SEP 1 8 200Z MERIDIAN CITY ENGINEER Subject: White Drain Sewer Trunk Line Enclosed are the following items: Date 9/18/02 Brad, Please review and execute this document for the referenced project. Thanks Donn These are transmitted: D For your files D For action D For review specified above and comment o For your use D As requested Sincerely, KELLER ASSOCIATES, INC. b(.,-yvy[ (JtqtLfJ~- Donn Carnahan, P.E. Enclosure(s) cc: 131 SW 5TH A VENUE, SUITE A, MERIDlAN, IDAHO 83642 (208) 288-1992 If enclosures are not as noted, pfease notify us at once, ~'" .-...,:.... "(c' ~-'_,,;~;": ',i'd';;:':-,' ~:_,,:,-;,;: .... .-,-:;~ ,:s~'" '/,- ' , . , , . "; ., ".. _': _":' '" _' " : "n: : .-,_::_:.'; _' .'_; "_.-....~c.': ,"./ ;;,' ,;:< "'iG~~';':j~IGi",ij&E~6eMENm['f ~;\cC\',~<8!<'~";!~ll~llt~I~1~~f~ <". , " " ,', "" Ph~2Qs.;;524-6Q00Eax'208~52~ ," .:'. .... ... ii_._. ,,_ ;:___.. ',' _:n. _, __ ;,' _.:.:.,.....-,...:;..: ...,,'. ._,,,.__";"',. "--~-:;,,,~:':~,,;'/;"'..~:;~n"o :': ':; ':'::: ': -.::~. '~'; -: ~:.:::"'-.,:~_(:-; :'::'.:': :..--~:':';' ~ ": : . ,. . ~ ;;"" c.- - , Memo To: Donn Carnahan 1-;~i'\!f:'.'; ':;~ ~ From: Eric C. Guan cc: Date: 9-17-02 Re: White Drain Sewer Trunk Donn: Attached is the executed copy of the contract to install sewer services in the locations staked by our engineers for the portion of the above referenced sewer which runs through our property, to be known as Sundance Place Subdivision. If you have any questions, please call. . Page 1 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. THIS CONTRACT, made this day of . 20-, between the City of Meridian acting by its Mayor and Council, by the City Engineer or his authorized representative, herein called "CITY" and, ~~e A?A'J'/~ LLe'. herein called "Developer". NOW THEREFORE, the parties hereto agree as follows: I. The City agrees to have the Contractor for the White Drain Sanitary Sewer Trunk Project construct 4" sewer services, according to City of Meridian standard sewer service connection detail 7.l6(S), associated with the trunk line through the proposed Sundance Subdivision. The Developer, by signing this contract, authorizes the City to have the sewer service work constructed and the Developer 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 shaH 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. [N WITNESS WHEREOF, the parties have executed this Contract the day and year first above written. CITY of Meridian Robert D. Corrie, Mayor DEVELO~. By ~~~C/d Date: )I. /7-c?~ By A TrEST: By: William G. Berg, Jr., City Clerk Title: Date: Date: Approved By Council: 09/16/02 October 4, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department October 8, 2002 ITEM NO. q-( c REQUEST Addendum to Agreement for Professional Services -- South Slough Sewer Trunk Extension Project, JUS Engineers: 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 /}Jrr~ Contacted: Date: Phone: Materials presented at publiC meetings shall become property of the City of Meridian. ( City of Meridian Public Works Dept. Memo RECEIVED OCT - 3 2002 City Of Meridian City Clerk Office To: Mayor Conie & City cou~ From: Brad Watson, P.E. pc cc: File, Gary Smith, PE, City Clerk Date: 10/2/2002 Re: Proposed Agenda Item for October 8 City Council Meeting The Public Works Department respectfully requests that the following item be placed on the October 8 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Quenzer Commons Subdivision NO.1 StreetJiQht AQreement - SriQhton 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 Proiect - Sundance Limited, Sundance Subdivision. This agreement provides for reimbursement to the City for sewer services installed by the White Drain Sewer contractor through future phase of Sundance Subdivision. The agreement is similar those previously approved with the Cedar Springs and Quenzer Commons developers. Recommended Council Action: Approve reimbursement agreement with Sundance Limited, LLC and authorize the Mayor to sign and City Clerk to attest. ~ 3) Addendum to Aoreement for Professional Services - South Slouoh Trunk Extension Proiect, JUS Enoineers. JUS Engineers is requesting an additional $3,000 to the Easements, Permitting & Agency Coordination task item included in their existing agreement. This extra work is needed due, primarily, to one of the easement properties being sold to a new owner with new conditions. A copy of the addendum is attached along with JUS's cover letter dated September 29 detailing the total agreement amounts. . Page 1 Recommended Council Action: Approve the Addendum to Professional Services for the South Slough Trunk Sewer Project with JUS Engineers in the amount of $3000.00 and authorize the Mayor to sign and City Clerk to attest. 4) Chanoe Order No. 1 (final) - Meridian Hioh Water Line Proiect. Please refer to October 2, 2002 memo to me from Len Grady. 5) Award of Contract for Variable Frequency Drives- Well Nos. 10 & 14. Please refer to October 2, 2002 memo to me from Len Grady. Thank you for your consideration. /~ . Page 2 au-a} J-U-B E^,~!NEERSJ Inc. ~ 250 S. Beechwood Avenue, Suite 201 . Boise, Idaho 83709-0944 . Telephone (20B) 376-7330 . FAX (208) 323-9336 AUTHORIZATION FOR ADDITIONAL SERVICES - NO.2 CLIENT: PROJECT NAME: CITY OF MERIDIAN WO;':-~LOU;H ~UN~ 11690-05 J-U-B Project Number: The following additional items of work on the project referenced above have been or will be provided by J-U-B ENGINEERS, Inc. These additional services are a supplement to the scope of services contained in J-U-B's existing Agreement for Engineering Services for this project, dated November 21. 2000 approved bV City Council . J-U-B ENGINEERS, Inc. was verbally authorized to provide these services by: Name n/a Date n/a Unless otherwise noted below, J-U-B ENGINEERS, Inc. will provide these additional services on a time and materials basis, using the Firm's standard bllling rates, or if applicable, the billing rates established in the initial Agreement for Engineering Services. Other Basis for Payment: Aqreement. Time and material basis as outlined in Attachment "A" of Dated this day of 200.f.. City of Meridian Print or Type Client Name J-U-B ENGINEERS, Inc. Client or Representative Signature By: By: Robert D. Corrie, Mayor Print or Type Name and Title Phillip H. Krichbaum, P.E. - Project Manaqer Print or Type Name and Title Attest William G. Berg, Jr., City Clerk Rev. January 2000 ~ ~J-U.B } ~ Engineers Surveyors Planners J-U-B ENGINEERS. Inc. September 25, 2002 Regional Office 250 South Beechwood Avenue, Suite 201 Boise, 1083709 208-376-7330 FAX 323-9336 RECEIVED www.jub.com SEP 2 6 2002 MERlDlAN CITY ENGINEER Mr. Gary D. Smith, P.E. Public Works Director City of Meridian 33 East Idaho Street Meridian, ID 83642 Dear Mr. Smith: RE: SOUTH SLOUGH TRUNK SEWER EXTENSION - Billing Summary Attached please find our current billing on the S. Slough Trunk Sewer Extension Project. The billing invoice, which covers charges from August 4, 2002 through August 31, 2002, is summarized below: Current Task Contract Previous Period Billed to No. Contract"Task Amount Billing Billing Date Status 01 Project Meetings - T&M $3,257.00 $1,715.64 $0.00 $1,715.64 On-qoinq 02 Preliminary Desiqn - T&M 8,735.00 5,542.25 0.00 5,542.25 Complete 03 Survey & Final Oesiqn - LS 45,358.00 34,018.50 11,339.50 45,358.00 Complete 04 Subconsult & Geotech - T&M 8,287.00 7,523.21 0.00 7,523.21 Complete 05 Ease/Permits/Coord - T&M * 35,330.00 31,441.61 979.59 32,421.20 On-goinq 06 Bid & Award Services - T&M 5,522.00 0.00 115.28 115.28 On-qoinq 07 Construction Services - T&M 15,488.00 1,210.20 675.05 1,885.25 On-going 09 Additional Work - T&M 9,810.00 9,810.00 0.00 9,810.00 Complete TOTALS $131,787.00 $91,261.41 $13,109.42 $104,370.83 *Revised Amount This billing includes work to finalize construction plans and specifications. For your attention, we are submitting a contract amendment for Task 05, Easements and Permitting. With the change in ownership on the Dauven property, additional coordination with the new owner, Ms. Carol Griffith will be required. Please call me if you have any questions regarding this billing or the contract amendment. We look forward to assisting with the construction phase of the project. Sincerely, J~U-B GINEERS, Inc.( / ~ Phi ~h&' :. Project Manager PHK:ldw Enclosure f !\ProjectManagers\PHK\ 11690\admin\Billing\Sm ith-8-09- 25-02.doc (i). ~ r-J.U.B } J...U...B E(/ ~/NEERS, Inc. ~ ..;) 250 S. Beechwood Avenue, Suite 201 . Boise, Idaho 83709-0944 . Telephone (208) 376-7330 . FAX (208) 323-9336 AUTHORIZATION FOR ADDITIONAL SERVICES - NO.2 CLIENT: PROJECT NAME: J-U-B Project Number: CITY OF MERIDIAN SOUTH SLOUGH TRUNK SEWER 11690-05 The following additional items of work on the project referenced above have been or will be provided by J-U-B ENGINEERS, Inc. These additional services are a supplement to the scope of services contained in J-U-B's existing Agreement for Engineering Services for this project, dated November 21, 2000 approved bv City Council . J-U-B ENGINEERS, Inc. was verbally authorized to provide these services by: nfa Name n/a Date Unless otherwise noted below, J-U-B ENGINEERS, Inc. will provide these additional services on a time and materials basis, using the Firm's standard billing rates, or if applicable, the billing rates established in the initial Agreement for Engineering Services. Other Basis for Payment: Aqreement. Time and material basis as outlined in Attachment "A" of Dated this sfh- day of Dc.-+Ob-G, , 200~. City of Meridian Print or Type Client Name J-U-B ENGINEERS, Inc. By: By: 1 t or Representative Signature Project Repre. tiv ignalur'e \\\\111111111/11 \\\\ ..:: ME III Robert D. Corrie Ma or ,,\\. Or 'RIQ?lfftijp H. Krichbaum, P.E. - Proiect Manaoer Print or Type Name and Title ~,~ 6- ?-PORA):, '11,.- ;'~.... Print or Type Name and Title - LA 2/'"'; ~(p <to % Attest: ~~ /=:I" /J4- g ~ William G. Berg, Jr., City Cler~ ~ ~. 4p;?/"dtl€d AI {Ou,.-,ctl: /~0 Rev. January 2000 October 4. 2002 MERIDIAN CITY COUNCIL MEETING October 8. 2002 APPLICANT Public Works Department ITEM NO. 3-6 REQUEST Change Order No.1 (final) -- Meridian High School Water Line 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: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTH ER: See Attached Memo vV f;ufr 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 OCT - 3 2002 City Of Meridian City Clerk Office To: Mayor Corrie & City couZJ From: Brad Watson, P.E. 6 cc: File, Gary Smith, PE, City Clerk Date: 10/2/2002 Re: Proposed Agenda Item for October 8 City Council Meeting The Public Works Department respectfully requests that the following item be placed on the October 8 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Quenzer Commons Subdivision No. 1 Streetlight Agreement - Brighton 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 -- Sundance Limited, Sundance Subdivision. This agreement provides for reimbursement to the City for sewer services installed by the White Drain Sewer contractor through future phase of Sundance Subdivision. The agreement is similar those previously approved with the Cedar Springs and Quenzer Commons developers. Recommended Council Action: Approve reimbursement agreement with Sundance Limited, LLC and authorize the Mayor to sign and City Clerk to attest. 3) Addendum to Agreement for Professional Services - South Slough Trunk Extension Project, JUB Enoineers. JUB Engineers is requesting an additional $3,000 to the Easementss Permitting & Agency Coordination task item included in their existing agreement. This extra work is needed due, primarily, to one of the easement properties being sold to a new owner with new conditions. A copy of the addendum is attached along with JUB's cover letter dated September 29 detailing the total agreement amounts. . Page 1 Recommended Council Action: Approve the Addendum to Professional Services for the South Slough Trunk Sewer Project with JUS Engineers in the amount of $3000.00 and authorize the Mayor to sign and City Clerk to attest. ~ 4) Chanoe Order NO.1 (final) - Meridian Hioh Water Line Proiect. Please refer to October 2, 2002 memo to me from Len Grady. 5) Award of Contract for Variable Freauency Drives- Well Nos. 10 & 14. Please refer to Odober 2, 2002 memo to me from Len Grady. Thank you for your consideration. ;f~ . Page 2 -- City of Meridian " Public Works Dept. . , ,~ Memo RECR .:~rTfiiD "j; ~~10 r.t :-~. j'--:J OC' 'f - '.J (j('rt2 .j !.,hJ "'City Of Meridian (City Clerk Office To: Brad Watson From: Lenard Grady /tJ ~ CC: Gary Smith Date: 10/212002 Re: Proposed Agenda Items for October 8, 2002 City Council Meeting > The Public Works Department respectfully requests the following items be placed on the October 8 City Council agenda, under Department Reports, for Council's consideration: Meridian Hioh School Main Line Project - Channe Order #1 (Final). This change order is for installation of an additional Fire Hydrant near the end of the new 10-inch water line. This will allow better access, as there is not a hydrant in the near vicinity. The proposed change order is for $3,575 to the existing contract amount of $18,972 with Star Construction. Recommended Council Action: The Public Works Department recommends that City Council approve Change Order #1 to Star Construction for $3,575 for instillation of a new Fire Hydrant off the 10-inch water line at the Meridian High School. Purchase of Variable Frequency Drives NFD's) for Wells 10 and 14. Both Wells 10 and 14 currently have fixed speed pumps. Consequently, they tend to cyde on and off a considerable amount When they turn on (especially Well 10), the line pressure increases quickly, which causes water hammer. We have had several complaints from people near Well 10. Installation of A VFD at each of these sites will allow us to eliminate excess cyding and water hammer resulting in better utilization of these well sites. Attached is a justification for purchase of Toshiba VFD's as a sole source. Well 10, which has a 150HP pump costs $14,175 and Well 14, which has a 125HP pump costs $12,660 as quoted by Dykman. From the desk of... LmanI Grady StatfEngineer Maidian Public WOlb ~ 660 E. WatertoweI". Suite 200 Meridian, Idaho 83642. (208) 898-5500 Fax: (208) 887-1297 gradyt@cimeridian.idus . Page 1 Recommended Council Action: The Public Works Department recommends that the City Council approve Purchase of Toshiba Variable Frequency Drives forWeffs10 and 14for$14,175 and $12,660 respectivefyfrom Dykman Electric. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 ( October 4, 2002 MERIDIAN CITY COUNCIL MEETING October 8, 2002 APPLICANT Public Works Department ITEM NO. 3 - H REQUEST Award of Contract for Variable Frequency Drives -- Well No. 10 and Well No. 14 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: I NTERMOU NT Al N GAS: BUREAU OF RECLAMATION: OTH ER: Contacted: See Attached Memo vV LVrr Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED OCT - 3 2002 City Of Meridian City Clerk Office To: Mayor Corrie & City couZJ From: Brad Watson, P.E. 6 cc: File, Gary Smith, PE, City Clerk Date: 10/212002 Re: Proposed Agenda Item for October 8 City Council Meeting The Public Works Department respectfully requests that the following item be placed on the October 8 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Quenzer Commons Subdivision NO.1 Streetlioht 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 Agreement. White Drain Sewer Trunk Proiect- Sundance Limited. Sundance Subdivision. This agreement provides for reimbursement to the City for sewer services installed by the White Drain Sewer contractor through future phase of Sundance Subdivision. The agreement is similar those previously approved with the Cedar Springs and Quenzer Commons developers. Recommended Council Action: Approve reimbursement agreement with Sundance Limited, LLC and authorize the Mayor to sign and City Clerk to attest. 3) Addendum to Aareement for Professional Services - South Slough Trunk Extension Proiect. JUS Engineers. JUS Engineers is requesting an additional $3,000 to the Easements, Permitting & Agency Coordination task item included in their existing agreement. This extra work is needed due, primarily, to one of the easement properties being sold to a new owner with new conditions. A copy of the addendum is attached along with JUS's cover letter dated September 29 detailing the total agreement amounts. . Page 1 Recommended Council Action: Approve the Addendum to Professional Services for the South Slough Trunk Sewer Project with JUS Engineers in the amount of $3000.00 and authorize the Mayor to sign and City Clerk to attest. 4) Change Order NO.1 (final) - Meridian High Water Line Proiect. Please refer to October 2, 2002 memo to me from Len Grady. * 5) Award of Contract for Variable Frequency Drives- Well Nos. 10 & 14. Please refer to October 2, 2002 memo to me from Len Grady. Thank you for your consideration. /~ . Page 2 , " City of Meridian , , Public Works Dept,_ , _ " , Memo R,Ef]ElVED OCT - 3 2002 City Of Meridian City Clerk Offioo To: Brad Watson From: Lenard Grady /tJ J. CC: Gary Smith Date: 101212002 Re: Proposed Agenda Items for October 8, 2002 City Council Meeting The Public Works Department respectfully requests the following items be placed on the October 8 City Council agenda, under Department Reports, for Council's consideration: Meridian High School Main Une Proiect - Change Order #1 (Final). This change order is for installation of an additional Fire Hydrant near the end of the new 10-inch water line. This will allow better access, as there is not a hydrant in the near vicinity. The proposed change order is for $3,575 to the existing contract amount of $18,972 with Star Construction. Recommended Council Action: The Public Works Deparbnent recommends that City Council approve Change Order #1 to Star Construction for $3,575 for instillation of a new Fire Hydrant off the 10-inch water line at the Meridian High School. ;> Purchase of Variable Frequency Drives NFO's) for Wells 10 and 14. Both Wells 10 and 14 currently have fixed speed pumps. Consequently, they tend to cycle on and off a considerable amount When they turn on (especially Well 10), the line pressure increases quickly, which causes water hammer. We have had several complaints from people near Well 10. Installation of A VFO at each of these sites will allow us to eliminate excess cycling and water hammer resulting in better utilization of these well sites. Attached is a justification for purchase of Toshiba VFO's as a sole source. Well 10, which has a 150HP pump costs $14,175 and Well 14, whidl has a 125HP pump costs $12,660 as quoted by Dykman. From !be desk of. . . Lenard Gnody SWf~ Meridian Public Waks Ilepar1mcd 660 E. W lIkttower, Suite 200 Meridian, Idaho 83642 (208)898--5500 Fax: (208) 887-I297 ~.maidian.idus . Page 1 Recommended Council Action: The Public Works Department recommends that the City Council approve Purchase of Toshiba Variable Frequency Drives for Wells 10 and 14 for $14,175 and $12,660 respectively from Dykman Electric. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 ~ < City of Meridian ^. . Public, Works Dept~ Memo To: Brad Watson From: Len Grady oItJJ CC: File Date: 10/1/2002 Re: Toshiba VFD We have standardized on Toshiba Variable Frequency Drives (VFD's) over the last several years. These drives have proven to be very reliable and easy to incorporate into our water system. Once installed, the standard SCADA system software is already available to interface with the VFD. Additionally, the operators are already familiar with the manual controls for these VFD's. I recommend that sole source the VFDs forWeUs 10 and 14 to be Toshiba drives. From the desk of.. . Lmanl Grady Staff Engineer Meridian Public Works Depar1ment 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 887-1297 gradyl@cimcridian.idus Meridian Development Corporation (MDC) REVITALIZATION PLAN HIGHLIGHTS The Goal: · We want to revitalize the Old Town district and major entryway corridor. G We want to help attract economic development in the area. e Old town is the historic center of the community. · We want downtown to be a vibrant, lively place where people can live, work. and shop. . We want to make it a pedestrian and bicycle-friendly environment. · We envision Old Town as a true mixed-use area, with stores, offices, residences, and recreation spaces within walking distance of each other. · We want promote additional public gathering spaces like the new Generations Plaza. · We want to continue to improve the streetscape with trees and landscaping. · The plan will help us improve transportation and parking in the area by providing compact, mixed use development connected by safe, convenient networks of streets and walkways and centralized parking facilities. · We want to continue to beautify the area and make it an attractive place that people will want to come to. An Idaho community block grant received in 1991 started the redevelopment process in Old Town and provided many of the sidewalk and street tree improvements that are there today. This project will help us continue the effort. HOW? Hi!!hli~hts of the Plan: I. Full-time statTto implement plan 2. Fayade I mprovement Program 3. New City Hall 4. Parking Structure 5. Gateway and Public Facility Improvements 6. Address traffic issues 7. Design Standards 8. Incentives for Economic Development 9. Public Open Space ACHD considers Meridian couplet proposal (' Couplet From page I they were uncertain where the couplet would end, but suggested that Franklin Road was a likely place. Under that scenario, two- way traffic would remain through Old Town. At a meeting between ACHD commissioners and the Meridian City Council, ACHD engineers said creating a couplet could cause significant changes to the Franklin Road-Main Street intersection. That intersection will be re- constructed as part of a plan to widen Franklin Road to five lanes between Main and Eagle Road. Work on Franklin is slated to start late next year. Commissioners said at least a portion of that project may have to be put on hold if a couplet is preferred. "If any part of that becomes a one-way street, then the Franklin Road intersections will have to take care of a lot more turning traf- fic," Commissioner Susan Eastlake said. That means the ACHD wouJd need to redesign them and may have to buy more right of way for more lanes. The commissioners asked coun- o cil meirioe"rs'tei decide within the o next month whether or not they want a couplet. Commission President David Wynkoop said ACHD officials will make the final decision, but they want to have Meridian's opinion before doing so. The Meridian City Council re- vised its meeting agenda for , tonight to include discussion of Deadline pushes City COllilcil to talk about road work By Jonathan Brunt The Idaho Statesman MERIDIAN - Redesign- ing one of the city's busiest intersections could postpone improvements on Franklin Road, Ada County Highway District commissioners told the Meridian City Council on Monday. CESCO, a company that rents and sells construction equipment, and Arrow De- velopment have proposed re- designing the Main Street- Meridian Road crossing to al- low better access to Waitman Lane. The companies own prop- erty accessed via Waltman and want to make the lane part of the Main-Meridian in- tersection. But engineers say the only way to move Waltman to the intersection without creating more backups is to create a couplet with Main Street and Meridian Road north of the intersection. A couplet is made up of a pair of one-way, parallel streets that move traffic in opposite directions. Representatives of CESCO and Arrow said Monday that See Couplet on page 5 Tonight's meeting The Meridian City Council wi II meet at 7 tonight at City Hall, 33 E.ldahoAve. Among several other items, the council will dis- cuss a proposal to change the Main Street-Meridian Road intersection. The change would require one-way traffic on a portion of the two streets northOfthetrossing:~- . - the proposal. This summer, the council and commission agreed to a design of the Main-Meridian intersection which would move Waltman Lane's connection to Meridian Road farther north and restrict northbound traffic from entering it. But that design will deter busi- nesses from locating on land ac- cessed by Waltman, said John Engh, a partner with Arrow De- velopment. Most of the land on Waltman Lane is designated in the city's long-term growth plan as commercial. An ACHD plan to create a cou- plet from Central Drive to Fairview Avenue in the 1990s was killed af- ter several downtown businesses said it would deter customers from stopping at their shops. "We want to minimize any im- pact on the retailers in the city," said Mark Canfield, president of CESCO. "My preference wouJd be (to stop the couplet) at Franklin." Canfield said changing the Main-Meridian intersection could transform vacant land bordered by Interstate S4 to become a gate- way to the city. Even though the couplet might not run through the Old Town core, some downtown business owners say stopping the couplet at Franklin w6uldconfuse drivers and create chaos. "That will ruin this town," said Paul McLeod, who owns Valley Video. "It will make trafQc un- ~ bearable." I To offer: story ideaS orcomments, contact reporter JonathanBrunt at jbrunt@idahostatesman.comor 377-6418. ]11111I Illnln 2000 E. Overland Rd. Meridian, 1083642 208-888-3337 fax 208-888-3088 www.cescoequip.com Meridian' Jerome' Bellevue September 30, 2002 Mr. Robert D. Corrie Mayor City of Meridian 33 East Idaho A venue 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 of the 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 assem bled a team of development professionals to work on this project which we would like to introduce tonight whom are: Ms. JoAnn 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, ID 83729 Phone: 208-386-5086 Not h i n ~ Run 5 _ L i k cAn c c r~e!__ 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. 15t 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 of a Class "A" access to a Class "A" site. This access is defmed by the Washington Groups design ofa 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. [fwe 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 S1 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 Subm itted, CESCO Arrow Development Mark C. Canfield President Phone: 208-888-3337 John Engh Philip Laulhere Partner Phone: 208-884-1155 " Wash'ngton W3S!liflf]iOn Infrastructure Services. !nc 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 · COIll1ectivity/accessibilityare 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 Meridian/Main/Central 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 corridor · Waltman corridor needs a revised transportation system · Provides direct corridor access to Meridian/MainfCentral · But, need one-way Meridian/Main 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 Intemafional. Inc. . 720 Park Boulevard. p.o. Box 73 . Boise. 10 USA 83729 Phone: (208) 386.5000 . Fax: (208) 386-6050 /" , .~ 'Ii' . I I .~j.~~, II ! i Ii .'i i il i J I ~IWi ==::J OYDl8lYJB-- !fro · I"~ . I ' ',j ~ ~} j :~ ~ 1 1 ji l ;1~- :i : Ii ~; I = ,. ~_ - c?" I i r I I I I ,-' I I I~---~' I , L ~'!i " i ... , ~ , il"I '1:: "1: j. d l; L , li-,- ll""l, ilg/i ~" ~ n~~~ ..r: ;1t:'H' ~ 1'1 d.! I S ! II )J (',- .. "\:-----------..; I z ~ ~ B ~ '" o , I :' , ; , : f f j ; ), i' ii, ~! r I -1..-' I ~~~. :.}. lit: \-----7-----. II ii '~~ , Ii I: ",ill i I III! ~: TIIII.11! I: Ii I, ;' j1 t ~ j . ./,' " I ~~ ,1-1 :5:' i'!'i w -<, .; , ~- ,/ ~~-=---- f~ ...~~2,; /~_.,/:;~;/ I ~ j' ....,..~/>.' !l ~ --- 'Ii 5TH AVE /. '/> .1/', ,-' I i, J: !/ /1- , " //1/ Ii, [ ~ ; >-1'5 l:tl", "'''' t;;~ "'... ~~ ::J., LL ./f-.. / i P l'~ I / ~ ~i ; ''y.J~/ I : l', " II . I -~--\. j) ~ ',. . ...L/... , I: ! ~l'~'-IIT , ..1 . I ...-1' . I' i I ~ / -- ----------------- r,~. ----------\=~~~~7--, ( [I j; r'''- ! 1, r ! . -.;.--" V'!'; . 1// j i t:: ;. ~ .J~ ~ ,~ ~., ~ , M.... ~ I~ \ 1<.> I- w w G::: I- U1 ~ w ~ zO 01- U1w Z> w- I-G::: ><0 w -I ~~ -I- G:::Z Ow wU ~I otu 0.. w G::: G::: 01- U~ - (J) .-- l- e./') <( w z ~ .:J- T <ij o ... 0::( Z <( o 0:: W ~ PROHIBITED MOVEMV-S L LEFT TURN FROM WALTMAN LANE TO MERIDIAN ROAD 2. RIGHT TURN FROM MAIN STREET TO MERIDIAN ROAD WALTMAN LANE o <{ o n::: z ~ 6 0: LL.I ~ If, Figure 1 Proposed Alternative 1 Waltman Lane Access study .- ......... EXECUTIVE SUMMARY OF THE MERIDIAN REVITALIZATION PLAN AND ADJACENT AREAS URBAN RENEWAL PLAN INTRODUCTION The Meridian Revitalization Urban Renewal Plan ("the Plan") is a legal document providing the Meridian Development Corporation ("MDC") with the powers, duties, d obligations to implement a program of redevelopment and revitalization within the as identified on the map as depicted on Attachment 2 to the Plan. 1. The acquisition of certain re The Project Area qualifies as a deteriorating area under the U identified by City Council Resolution No. 01-367 passed on July 2 the City Council adopted Resolution No. 02-385 slightly revising t consideration of an urban renewal plan. Private redevelopment has lot layouts, ownership patterns, deteriorated buildings, and deterioratI , sewer, and street improvements. The Plan provides for the eliminat!Qr'o 4;::';9' through a cooperative effort among the MDC, the City, existing home own developers. PLAN ACTIVITIES AND PRIVATE DEVELOPM 2. d improvements for 3. by property owners within the Project ny property acquired by any under the ownership DC; The provi~i;, for relocation assistance to displaced Project occupants, as A>r<'i';;'; require ::y'law; EXECUTIVE SUMMARY - 1 (MeridianlExecutive Summary) 6. The installation, construction, or reconstruction of streets, utilities including electrical distribution and transmission lines in underground configuration, if needed to encourage new developments of fiber optic systems, parking facilities, and other public improvements, including, but not limited to, inigation and drainage laterals and ditches, storm drain systems, walkways, public civic center, and improvements to railroad tracks and property; 7. The disposition of property for uses in accordance with this Plan; 8. The redevelopment of land by private enterprise or public agencies for uses in accordance with this Plan; 9. The rehabilitation of structures and improvement successors, and the MDC; 10. The preparation and assembly of adequate sit construction of facilities for commercial, ret and governmental uses; 11. To the extent allowed by law, lend or invest redevelopment; and 12. c ral forms ,'ii{:1!r , or buildings to ses evelopment site. In the accomplishment of these pm-pos furtherance of this Plan, the MDC is authori the powers now or hereafter permitted b, Urban renewa blight and economic u The Project Area Cherry Lane/F airview ~O 'fil#0/ area has a history 0 41s10w-growin public improvem s and facilities, underdevelope operties, diverse oundaries of the 1-84 freeway on the south, ~t on t e west, and Five Mile Creek on the east. The rimarily attributed to inadequate and deteriorating 'is''; aintained properties, undeveloped and . ''''''petty ownership, and other deteriorating factors. Henc to: provide eliminate un . Plan for the PAt;~" ct Area is a proposal for public improvements and facilities ",c;\';!Went for new commercial and residential developments; sist potential owner participation and other developers to create EXECUTIVE SUMMARY - 2 (MeridianlExecutive Swnmary) appropriate development sites through parcelization of existing larger parcels and, where necessary, through acquisition, demolition, and disposition activities; and otherwise prevent the extension of blight and deterioration and reverse the deteriorating action of the area. The streets or irrigation or drainage ditches or laterals to be vacated or relocated will create additional building area for retail, commercial, office, or public use. Any such vacations or relocations must be requested from the Ada County Highway District (the "ACHD")or other agency having jurisdiction over the particular public right-of-way. Air rights and subterranean rights may be disposed of for any permitted use within the Proj ect Area boundaries. 1vIDC may participate in the cost of removal of extraordin <,,1&, e objective ofthe Plan is to provide for the acquisition and clearance'ofprope other public facilities. Off-street parking facilities will be dev 1.. ' 0 serve n . uses within the Project Area. Over the life of the Plan, Ian' Ject modified to the extent that buildings currently vacant an b ed to residential, lodging, commercial, retail, office, publ and p . public uses. {i\ Acquisition of any interest in real property may be utilized by the 1vIDC wheill;"" . necessary to promote redevelopment in accordance with the objectives e PI Temporary project improvement shall be provided to facilita pedestrian circulation. Improve transit opportunities throughout the Urban Renewa as exc ",,<<.jd' jurisdiction over all public rights-of-way way~!~ Nothing in this Plan shall be construed to e 40, Idaho Code. This PC ,must be practical i r to succeed. Particular attention has been paid to how it can be impl {,.::;A ted, given the elL' ging nature of market conditions. Transforming the Project Area into a v 1{(community requires an assertive strategy. The following list represen that effort. EXECUTIVE SUMMARY - 3 (MeridianlExeculive Summary) 1. Initiate simultaneous projects designed to revitalize the Project Area. From sidewalk improvements to significant new development, the MDC plans a key role in creating the necessary momenhnn to get and keep things going. 2. Secure certain public open space in critical areas, primarily in the Blue Zone or any Yellow Zone. This open space will greatly increase property values adjacent to it and greatly contribute to a new sense of place ("p lacemaking"). 3. Develop new office buildings and public civic buildings, while providing a link to the City's historic culture. 4. Pursue development across all land-use sectors si Without direct public intervention, much ofthe Project Area;Wi"'" unchanged for the next several years. Success will come through n c{ftlf{ partnerships-no single developer will save the day. The Plan creat framework for the Project Area to capture a share of Meridian's gro economy. In addition to the public improvements authorized under Id MDC is authorized to install and construct, or to cause to be i Project Area or outside the Project Area for improvements ' new development in the Project Area, for itself or for ~, I improvements and public facilities, including, but no"~!imited t ) utilities; (2) pedestrian paths; (3) traffic signals; (4) landscall~:cr areas; ~~' street,ements, including . c~'~('il &ry . ~n. . new access roads and streets; (6) sanItary sewer' "'V flood,~0htrol faqJlfIes and storm drams; (8) water mains, pumps, and reservoirs; (9) pa rid rec ,([non faciliJt.es; (10) improved railroad property use; and (11) civic centers, city hal r the lik FINANCING MDC financin annual revenue allocatio borrowing will be paid b new development. bove will come from a combination of ther sources. Debt service for any MDC >",,,,,,JIS generated by the planned and projected '~(;f' Increases~1.. assessed valuati a and personal property in the Project Area that occur after Jan,JiP;'V 1,2002, the date e base assessment roll, will generate revenue for the MDC to pay i oject costs. Tho~"fjproject costs include the MDC's planning costs, appraisals, legal fees, a tration, finan~)t~gji'public improvements, and contingencies. The total assessed valuation of . ,persona'ro'perty on the 2002 base assessment roll (net ofthe homeowner's exemption, i~ect Area, estimated to be $146,334,050 is still available for use by EXECUTIVE SUMMARY - 4 (MeridianlExeculive Summary) the other taxing districts. The total assessed value for the City of Meridian as of January 1,2002, less homeowner's exemptions, is $2,065,904,795. The combined base assessment roll for the Revenue Allocation Area does not exceed ten percent (10%) of the assessed value for the City of Meridian. The Plan authorizes the MDC to obtain various funding sources, including state grants, federal grants, developer loans, and/or other funding mechanisms to be repaid by revenue allocation proceeds. When the MDC project activities are completed and any bonds and loans are repaid, the increases in assessed value of real and personal property in the area become available for use by the other taxing entities. It is anticipated that revenue allocation proceeds will be needed for a period between fifteen (15) to twenty (20) years or such longer period through the term of the Plan as required t pay project costs. The Plan provides for agreements with developers either thr",,, b-:,j+:~?, agreement or disposition and development agreement. Under such ,."b,i?+. will be contractually coinmitted to its scope of development in exch . assistance with site and other costs. Under such agreements, the deve commit to a specific schedule of performance. Any new developmx.,?,or -f:!;;1,r;wc structures will be required to continue through an estimated usefullffe of at years. The duration of the Plan is established as twenty-four s from Meridian Revitalization Plan, i.e., December 31, 2026. Des . tions enforcement shall be governed by the City of Meridian Z n MDC formally adopts other design standards. EXECUTIVE SUMMARY - 5 (MeridianlExecutive Summary) ( RESOLUTION NO. 02-- 3 c:; 3 W ASTEW ATER PRETREATMENT BY: 7d/rtht-J ct€-fr.Jeerc~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN PURSUANT TO THE WASTEWATER PRETREATMENT ORDINANCE AT CHAPTER 2 OF TITLE 9 OF THE MERIDIAN CITY CODE OF THE CITY OF MERIDIAN ESTABLISHING FEES AND AN EFFECTIVE DATE. SECTION 1: WHEREAS, the City Council finds: 1.1 It is necessary to establish certain fees to reimburse the Wastewater Department for costs and expenses incurred in administering and enforcing the City's Wastewater Pretreatment Ordinance, and applicable State and Federal Regulations; and 1.2 The City Council for the City of Meridian, Idaho, has held a public hearing to review proposed fees to be charged by the Wastewater Department; and 1.3 The City Council of the City of Meridian, Idaho, has determined that said fees are necessary for preservation of the health, peace and safety of the citizens of the City of Meridian. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: 1. The City Council does hereby establish the following fees in connection with the provisions of the City's Wastewater Pretreatment Ordinance: a. Pretreatment Application Fee-New Commercial Construction, (other than shell construction): $150.00 b. Commercial Pretreatment Application Fee-Tenant Improvement For Previously Shell Construction Building: $150.00 c. Follow-up Inspection Fee For Interceptor Vaults and/orTraps: $ 42.50 per inspection (If upon initial inspection, the Superintendent or his designee determines that an interceptor vaults and/or traps must be pumped and cleaned in order to obtain compliance with the City's Wastewater Pretreatment Ordinance, the operator of the facility containing the interceptor vaults and/or traps will be notified that said interceptor vaults and/or traps must be pumped and cleaned within five (5) working days of the notice. Ifupon re-inspection, the interceptor vaults and/or traps have not been RESOLUTION - 1 pumped and cleaned, the inspection fee designated herein shall be charged for each time, up to one (1) time per day, that the Superintendent, or his designee, comes on to the property to determine whether in fact the interceptor vaults and/or traps have been pumped and cleaned. Sampling Fee: $ 85.00 Plus the cost of the independent laboratory analysis. Monitoring Fee: $145.00 per day Plus the cost of the independent laboratory analysis. Emergency Incident Fee: $260.00 Plus $65.00 per hour after the first four (4) hours, plus any additional out of pocket costs, independent laboratory analysis costs, etc., incurred as a result of said emergency incident. Annual Septage Hauler Permit Fee: $ 50.00 per year Significant Industrial User (SIU) fees shall be negotiated with the User and written into the applicable Pretreatment permit. Minor Industrial User (MIU) fees are dependent upon investigational requirement. SECTION 2: This enforcement policy is not intended nor does it preclude any other lawful enforcement actions appropriate under the ordinance to the facts presented by the non-compliant user. SECTION 3: This Resolution shall be effective on the 1st day of January, 2003. /2.fb PASSED BY TI;IE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this l/ day of vcl-o b[/L; , 2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Oc;f&~ ,2002. glf:; day of By: Ma r Robert . Corrie \\\\11 1I11I1I1/tt \\\ r: ~ /!J:" 11/ ~ATTE T. "" ,I Or ~:""'f?i.t') III,} . " ~ ~ '<....?~ -'/ ~ ~-. ~ t!~ #' ~ .f~ c} cP~PO~l', 1r </-S .' ~ /d-- /~ ~.:?- <--0 ::'- . ::- .- City Clerk :: ~ rnsg\Z:\Work\M\Meridian\Meridian 15360M\Resolutions Ci~ Hall 002\W~lretrea t feeiesolution 2002.doc ~ - 0 "'eo... 6 ;.' ".-(.>\ "Q, (~ .::: "~"'10 USr 1 Si ' ,'>~ .~' ~ #J ~",,'-~ ~~0"" '/....,. 00' ':\I""'-V "Y.,,,::" RESOLUTION - 2 "If t...',.,,' ,\,. Illi.':;~, '_\\" CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State ofIdaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am th~ custodian of its records and minutes and do hereby certify that on the gi!:- day of Oc~ h~ , 2002, the following action has been taken and authorized. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN PURSUANT TO THE WASTEWATER PRETREATMENT ORDINANCE AT CHAPTER 2 OF TITLE 9 OF THE MERIDIAN CITY CODE OF THE CITY OF MERIDIAN ESTABLISHING FEES AND AN EFFECTIVE DATE. SECTION 1: WHEREAS, the City Council finds: 1.1 It is necessary to establish certain fees to reimburse the Wastewater Department for costs and expenses incurred in administering and enforcing the City's Wastewater Pretreatment Ordinance, and applicable State and Federal Regulations; and 1.2 The City Council for the City of Meridian, Idaho, has held a public hearing to review proposed fees to be charged by the Wastewater Department; and 1.3 The City Council of the City of Meridian, Idaho, has determined that said fees are necessary for preservation ofthe health, peace and safety of the citizens ofthe City of Meridian. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: 1. The City Council does hereby establish the following fees in connection with the provisions of the City's Wastewater Pretreatment Ordinance: a. Pretreatment Application Fee-New Commercial Construction, (other than shell construction): $150.00 b. Commercial Pretreatment Application Fee-Tenant Improvement For Previously Shell Construction Building: $150.00 c. Follow-up Inspection Fee For Interceptor Vaults and/orTraps: $ 42.50 per inspection (If upon initial inspection, the Superintendent or his designee determines that an interceptor vaults and/or traps must be pumped and cleaned in order to obtain compliance with the CERTIFICATEOFCLERK-WASTEWATERPRETREATMENTFEEFOR2002 PAGE 1 OF 3 City's Wastewater Pretreatment Ordinance. the operator of the facility containing the interceptor vaults and/or traps will be notified that said interceptor vaults and/or traps must be pumped and cleaned within five (5) working days of the notice. Ifupon re-inspection, the interceptor vaults and/or traps have not been pumped and cleaned, the inspection fee designated herein shall be charged for each time, up to one (1) time per day, that the Superintendent, or his designee, comes on to the property to determine whether in fact the interceptor vaults and/or traps have been pumped and cleaned. Sampling Fee: Plus the cost of the independent laboratory analysis. $ 85.00 Monitoring Fee: $145.00 per day Plus the cost ofthe independent laboratory analysis. Emergency Incident Fee: Plus $65.00 per hour after the first four (4) hours. plus any additional out of pocket costs. independent laboratory analysis costs, etc., incurred as a result of said emergency incident. $260.00 Annual Septage Hauler Permit Fee: $ 50.00 per year Significant Industrial User (Sill) fees shall be negotiated with the User and written into the applicable Pretreatment permit. Minor Industrial User (MIU) fees are dependent upon investigational requirement. SECTION 2: This enforcement policy is not intended nor does it preclude any other lawful enforcement actions appropriate under the ordinance to the facts presented by the non-compliant user. SECTION 3: This Resolution shall be effective on the 1st day of January, 2003. JI~~ft~~ William G. Berg, If. CERTIFICATE OF CLERK - WASTEWATER PRETREATMENT FEE FOR 2002 PAGE 2 OF 3 STATE OF IDAHO, ) ) On this ~.Jk. day of B~, 2002, before me, ~~CUt6Yl8rvu+f/.J , a Notary Public, appeared WILLIAM G. BERG. JR., known or identified to me, respectively, to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ss: County of Ada. (SEAL) ~'IIl'liilllllililS'1iI -0,. ON S~~ 1iT..~O~TA~~.k. .~;~ ~""'.tt')."h"".. 1IC? I..... .,- ~..,.Q. e I ' P u I I a fll I : III II \ I . Ii \ I iii "'. \ " ItJI!iJ .. U'~..-!P.aL\~~O.... ..~..<{?>r-.--- ~.... .....I3"QF1Q.. ...IIIl..-- ~f1Wl/)L8~~ Notary Public for Idaho Reside~c~: Aoi pI. [~lWl~ 1 ~ ~ Ii (;dtv CommISSIOn ExpIres: i - U -05 Z:\Work\M\Meridian\1<1eridian 15360M\Resolutions City Hall\2002\CERTofCLKWasteWaterPretreatmentFee2002.doc CERTIFICATE OF CLERK - WASTEWATER PRETREATMENT FEE FOR 2002 PAGE 3 OF 3 2002 DC I 6 Prl 3: 2] RECORDEO:R~T~~ FEE~~~ 102119239 MERIDIAN CITY ;\O....ft, COmliY REC. ORDEn~ J. O/WID f.UWARRO /.'f j>~"; j ,i-p /'". ~.~n CITY OF MERIDIAN ORDINANCE NO. ()Z-Q71 AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS A MIDDLE SCHOOL FOR MERIDIAN LOCATED ON THE EAST SIDE OF N. LINDER ROAD, NORTH OF W. USTICK ROAD WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER, JOINT SCHOOL DISTRICT NO.2, HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL DISTIUCT (R-4); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE APART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR P ARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property, to-wit: A parcel of land being the NW]4 of the SW '14 of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more pmiicularly described as follows: ANNEXATION AND ZONING ORDINANCE (AZ-02-013) - 1 Commencing at the northwest comer of the NW 1;4 of the SW 1;4 (W 1;4 Comer) of Section 36, Township 4 NOlih, Range 1 West, Boise Meridian, the REAL POINT OF BEGINNING of this description; Thence S 89009'37" E 1335.94 feet to the northeast comer of the NW 1;4 of said SW 1;4 (C-WlI16 Comer); Thence S 00021' 15" W 1323.86 feet to the southeast corner of the NW 114 of said SW 1;4 (SWl/16 Comer); Thence N 88056'18" W 1333.50 feet to the southwest corner of the NW 1;4 of said SW 1;4 (SI/16 .Corner of Sections 35 and 36); Thence N 00014'45" E 1318.71 feet to the REAL POINT OF BEGINNING of this description. Said Parcel containing 40.48 acres, more or less, including 25 feet ofroad right-of- way for N. Linder Road. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Low Density Residential District (R-4). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries ofthe City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. ANNEXATION AND ZONING ORDINANCE (AZ-02-013) - 2 SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly tile a certified copy of this ordinance and a · map prepared in a draftsman manner plainly and clearly designating the boundaries oftbe City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State ofIdaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State ofIdaho, all in compliance with Idaho Code S63-2215 and S50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Oc/b ~ ,2002. fllf:=- V day of g* APfJIQVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this :.- day of f!/c-fo ~ , 2002. \ \\\,111 HH III/II \\\ ~ ail III ,'\\.J O~ mE/Tl^ 11// ~ ~" JUt // ~~ G Ii'Pro:. . "11,.- /'// ATTEST: S_cP ~''''lr~ S :::: ~ 0-;:. 2 ~ - - if. 'j# ' L /(// ~~ ;>G SEAL f? J ~I:/...a,t t:- R /d'---~ I ~ ~ OUn ,q; 0 2 CITY CLERK / ~/ <>~ V r 15\ . .(,.} "/1/ '/ -, (:)"0 " First Reading: /w -- fJ - 0 'L /,I//(II00uNT'{ . "\ \\,.",.... Adopted after first reading by suspen~~'6iT of the 'tfule as allowed pursuant to Idaho Code 50- 902 Yes: K No: Second Reading: _ Third Reading: ANNEXATION AND ZONING ORDINANCE (AZ-02-013) - 3 STATE OF IDAHO,) : ss. County of Ada. ) f? -fh ;-,1 I_I On this day of UCw')tll , 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, oftlle 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) -.ll'li\.'IlDIlI. ""'ON S~!, ~+ ~~~---~~~. .. /0 '!AJc .~..?Jt.. ~ " _~ or- ..\I"- _Cool ""Y \ 0. III I I liI III : I III ... I ) D . , Q _ \ &' (>.. C '0 III ...c.P~"~~"~~.. ..:.<t1liOF~.. ...11I1110_'" 211M rrzfm{~ NOTARY PUBLIC FOR IDAHO RESIDING AT: Acid ~tut'tz/ Jd:j~ MY COMMISSION EXPIRES: 'q-Zg--oS Z:\Work\M\MeriJian\Meridian ] 5360M\Meridian Middle School AZ02-0 13\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-02-013) - 4 ~ - .9In:z;n M.g~,~Z;.OOS w t~ ~ mil) 0", 0: C'I") &?~ C/') 3.gy~OON G lLZ Oz I-z z- -G Ow CLm OH 1130Nn N I."- ~1- Ie..> 1\11- Z~ '~ g: ~ <(~~ O. en a::: O~~ Z 0 Z. - .0 a:::: a::: J: --I v WW<t; WOI--"'~Q e..> w-,o:::;I-_ ZO(")u..a:::~ <c I c: O~i5 Z e..> .2 ~;5 OCw - en 11 :> .... _ui:E 01- CJ) Og O::z to 00 -, 'fflVll N o ...., C/') ).: m ~ (:i o CERTIFICATION OF THE CITY CLERI( OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 02- ~77 , passed by the City Council of the City of Meridian, on the g-a day of afv6bt-, 2002, is a true and COlTect copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. \\\\U\\llHlIlItIJ/ "~\~f Of MEFtII)""/' ,~ ~"' '&; /'l {t} ~o~~r~o ~ \vI~p ~7 9= ;. r? ~ILLIAM G. BERG, JR. ~ ~L. tf 2 ~ .-4l- '\ 0::: ~ "'0 'Sr 1S'"\ . {f ~:..~ ~ ':4f ..p --..". STATE OF IDAHO, /-:'I"..,cOUiH'l .,"\\<,"........ : SS!I1;;;;" :>. ,,\.' County of Ada, ) . a-fh 1Jl/!L(~ .,/ 2' <') On thIs 0 day of (Jul~Y.J-0r , in the year ODe-, before me, $hOJlmSrvl.A.::-IJ,\... , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. __lIlllaa. ......QJL~~.. ~~OT~;:,~~. .~I """. ':'/"- (SEAL) :: \ : tl I I III p \ t III '11 \ I a '11 \ , a '.br_.C' · ~o.~~'~Utl~~~~~C).. ..11'EoitQ~. Z:\Work\M\Meridiun\Mcr~iiI.~ ~1fut1\Meridiun Middle School AZ02-0 13\CcI1illcationOfClerkOrd.doc ~h01lrnSJn<'& Notary Public for Idaho Commission Expires: Jf - Zg -05 CERTIFICA nON OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-02-0 13 20GZ OC 1 6 Pr<j 3; 2.1 ~ORDED ~ REQUEST OF.:' FEE~O~ l02ii9240 MEAIOtAN CITY ,\ct., GOUr.H. Y RE.C. ORDER cr*2 i, DAVID NAVARF:D r:;j'-.~k~:~.~-l ~nJ\~,!n CITY OF MERIDIAN ORDINANCE NO. 1)2-918 AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS TREASURE VALLEY BAPTIST CHURCH LOCATED AT 1500 SOUTH TEARE AVE., NORTH OF OVERLAND ROAD AND WmCH LIES CONTIGUOUS OR ADJACENT TO THE CITY LTh1ITS OF THE CITY OF :MERIDIAN, COUNTY OF ADA, STATE OF IDAHO~ AND FINDING THAT THE OWNER, TREASURE VALLEY BAPTIST CHURCH, HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF :MERIDIAN AND ZONING DESIGNATED LIMITED OFFICE DISTRICT (L-O); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE APART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO~ AND DIRECTING THE CLERK. OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMlSSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property, to-wit: A parcel ofland being all of Lot 3, Block 1, of the Timothy Subdivision as shown on the Official Plat of Record in Book 31 of Plats at page 1923 in the office ofthe Recorder of Ada County in Boise, Idaho, and a portion of right-of-way of Overland Road as shown on Record of Survey #4727, further described as follows: COMMENCING at a found brass cap marking the Southeast comer of Section 18, T.3N., R.IE., B.M., Ada County, Idaho, from which a found aluminum cap marking ANNEXATION AND ZONING ORDINANCE (AZ-02-014) - 1 the South Y4 comer of Section 18 bears South 89043' 11" West, 2,649.02 feet; thence along the Southerly boundary of Section 18, South 89043' 11" West, 1,636.79 feet to the POINT OF BEGINNING; thence along the center line of Overland Road, South 89043' 11" West, 289.93 feet to its intersection with the Southerly prolongation of the Westerly boundary of Lot 3; thence along said prolongation and Westerly boundary, North 00026'47" East, 699.62 feet to a found 5/8" iron pin marking the Northwest corner of Lot 3; thence along the NOliherly boundmy of Lot 3, North 89040'58" East, 289.94 feet to a found W' iron pin marking the Northeast corner of Lot 3; thence along the Easterly boundary of Lot 3 and the prolongation thereof, South 00026'49" West, 699.80 feet to the POINT OF BEGINNING. Said parcel contains 202,852.37 square feet (4.657 acres), more or less. SECTION 2: That the above-described real propeliy be, and the same is hereby annexed and made a part ofthe City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Limited Office District (L-O). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, cornprehensi ve plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or patis thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerk of the City of Meridian shall, within ten (10) ANNEXATION AND ZONING ORDINANCE (AZ-02-014) - 2 days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a celiified copy of this ordinance and map with the State Tax Conunission of the State ofIdaho, all in compliance with Idaho Code 963-2215 and 950-223. 8f/..... PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of tJGh~ ,2002. 86 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of tJcJ-z; ~ , 2002. R \\\\111111111/((/ \\\ C f\!!l:"" Iff ATTEST: ...'\\'_1 Qi lI::::t?!D' 111/,. . ~ ~" /4. /,.- l-"", h ~ d 2: f c} ~(p?-PORA.. -><0 "v '\. ~~'/d- /~v:;. $ CITY CLERK {/ ; SEAL ~ First Reading: I tJ.- fl-o Z- ~~ 1'~ ....c{.?/o :F Adopted after first reading by su~1b~ uBftff:e"l;R-l:~~a~}lllowed pursuant to Idaho Code 50- 902 Yes; )( ....1...1 00U",!:{0,1 . ,.' .\<' Second Reading: flllllil..";: . ...,'Y' Third Reading: ANNEXATION AND ZONING ORDINANCE (AZ-02-014) - 3 STATE OF IDAHO,) S5. County of Ada. Ofh {) . On this D day of Vc.+OI~y , 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRiE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) .._111111..11" ... Q_N_~A:~. ..~ 'tA ,;:;'Y.;t. .~~:;p - "-4'(t"w~',. :'0: ~ 'r"l1 '" I \ .. 11 , I <l .. I I II Q , · 1Il . \ l Q (I .. hr.-...C'O Q o~~~",-=,::'(Jjn.l~"~~ .Ct v.. -4'"):1?>;.~-" ..n~. .1I1"l.l$"OF~.. 1I1i1111lllalll" Z:\Work\M\Meridian\Meridiun 15360M\TreusLlre Valley B'lptiSt Church AZ02-0 14\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-02-014) - 4 0 ...., en ~I >= 10 ~. 0 ~ ~I~ - <( 0:: 8 0 \J 0 W Z~N l- T""" <( si ow 0:::: 0- Oen IX) zli: z lY Ii" 0 ..... w~ (t) ww:I: I- ~~~ 0>- IX) I- - zw T""" LL 0:: Z <(j s::: Ow~ 0 1-0 Z~ t$ f::~~ Ow Q) ';:E W -w a:::n:::: 00 co O~ co ~ ~ <( Z Q W .. 0 0:::: w .... --' .s I- <5 n:I en 0 >- I +II wO ....l0:::: ....l::::> <(I >0 lP t~ ~ ~~ 0) N !Xl Z ,09-669 M1I6v,9lo09S ,l9'669 i Cl LLZ Oz I-Z z- -Cl Ow o..ID ~, T"""M lEi g o ! N 0). o:r (I), CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State ofIdaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance N9- 02- 9713 , passed by the City Council of the City of Meridian, on the g-f!:. day of OcltJ~ 2002, is a true and correct copy ofthe original of said document which is in the care, custody and control of the City Clerk of the City of Meridian.. \\\\illll II rl/IIIJI \'N c: Mf:':" III .\":-'" ~I Q. cRI!) III" " ,,' ~ '/ to ~~~06 ~ \~~~~~fl :"? 0> g WILLIAM G. BERG, JR. -;:. ~Q. "Qi 0 2" ~"fA U&r 1si . ~ ~ '" v.A/ :.?' " STATE OF IDAHC>;-/"/) (:OU'..;TY ,W,,';"':::' ./11.[, .' . '. ,,\\\\ . ~Slfd~ ~ /~~.~., County of Ada, ) On this ~-H-t day of (Yc-to0tv , in the year 2002.- ,before me, ~hOvn)YI8YvlA.".{;Vu , 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, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) 901lllllaDIiI o"oN SA'!. ~~ ;;---~~~~.. . ;.... A. ,h',(' '" . iii ,/0 j.. "4'( .~"''[..:r,. Q I ~ 'r' "'.".. 11~ I ~. , III l!t : \ EI .. I I II III I . Iil ~ \ I $ t) \ , " iii- \ ~C'O. 0. .n..... ~~,. '$ u-,.",......... ~.",. . .. ...;.t~---..<\ .. ..~...tlOF ~.. .II11111a..6 ghM4l~~ Notary Public for Idaho J f .-- Commission Expires: 7- Zg --OS Z:\Work\M\Meridiall\Mcridiall I 5360M\Treasure Valley BalHist Church AZ02-014\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-02-0 13 / OCT 1213 '1212 1f { rION REPORT ** AS OF PAGE. 1211 ** TX CONF. CITY OF MERIDIAN DATE TIME TOl'FROM MODE MIN/SEC PGS CMDIl STATUS 16 11211'1213 15:1212 38112116121 EC--S 1211'22" 1211213 16121 OK 17 1121/1213 15:04 PUBLIC WORKS L1F--S 121121'42" 003 16121 OK 18 1121/1213 15'1215 2088881193 EC--S 121121'49" 003 16121 OK 19 1121/1213 15:1216 8841159 EC--S 121121'50" 003 16121 OK 2121 1121/1213 15:1218 21218884121744 EC--S 121121'49" 003 16121 OK 21 10/1213 15:1219 212188467366 EC--S 1210'49" IJI2I3 16121 OK 22 1121/1213 15:1121 21218 898 551211 EC--S 1210'47" 1211213 16121 OK 23 11211'1213 15:12 LIBRARY EC--S 1211 '1211" 1211213 16121 OK 24 11211'1213 15:13 92083776449 EC--S 121121'48" 003 16121 OK 25 1121/1213 15:14 21218 388 6924 EC--S 1211'121121" 003 16121 OK 26 1121/1213 15:16 2IJ88886854 EC--S 013'48" 131213 160 OK 27 1121/121315:172083757154 EC--S 121121'48" I2IIJ3 1613 OK 28 113/133 15' 19 8950390 EC--S 130'48" 01213 1613 OK 29 1121/1213 15:21 ADA CTY DEVELMT G3--S 01'42" 003 16121 OK 3IJ 1121/03 15:23 CHERIE MCCANDLES EC--S 01'IJ3" 003 160 OK 31 10/1213 15:25 CHERRY LANE EC--S 1211'131" 1211213 160 OK 32 113/1213 15:26 POST OFFICE EC--S 131'21" 131213 1613 OK -------------------------------------------------------------------------------------------- P le.o$e.. %~i Jo..-1Ju.bL:c.. fLoti Q - TlrtMl. ~S ~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 8, 2002 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ Bill Nary Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from September 24, 2002 City Council Joint Meeling wilh Ada County Commissioners: B. Approve minutes from September 24, 2002 City Council Reguiar Meeting: C. Order of Decision: AP 02-001 Request for Appeal to allow gate on rear property line for access to rear yard of residence from NMID access road behind lot for Todd Burlile by Todd Burtile _ 4881 West Toumamenl Drive: D. Heritaae Commons (Quenzer Commons) Subdivision No. 1 Streetlight Agreement, Brighton Corporation: E. Sewer Service Reimbursement Agreement, White Drain Trunk Project - Sundance Limited, Sundance Subdivision: F. Addendum to Agreement for Professional Services - South SlouQh Sewer Trunk Extension Project. JUB Engineers: G. Change Order No. 1 (final) - Meridian Hiah School Water Une Project: H. Award of Contract for Variable Freauencv Drives - Well No. 10 and Well No. 14: M.ridi..CilyC_cll At<"da-O"obor 8. 2002 Pat. I of3 All mlll..w. 1"<"<01<<1., pobij< m..unss .ball b...m< prop",,>, .rLbo Cily.rM<ri,ji.... .AlJyouc: -damns: flDCOmmoda1ion for disahiliclcll rchlcd to doc:u:ma:tI aDd/or h,a;arinp rl",.conlO<1lbe Cily C""', Olli~.. 881-4433 Oll..~ 48 Itolln prior 10 lhc l"'b)i< mc<ting. ( ** TX CONFIRM~~.,JN REPORT ** ( AS OF OCT 03 '0~...:5:39 PAGE. 01 CITY OF MERIDIAN 01 02 03 07 09 DATE TIME TO/FROM 10/03 15:28 208 888 1983 10/03 15:30 208 467 9562 10/03 15:31 208 888 6700 10/03 15:36 Laurel 10/03 15:38 208 387 6393 STATUS OK OK OK OK OK MODE G3--S EC--S EC--S EC--S EC--S MEN/SEC PGS 01' 12" 003 01'02" 003 00'53" 003 00'49" 003 00'48" 003 CMD~ 160 160 160 160 160 -------------------------~------------------------------------------------------------------ Ple.QSe.. ~o~t dW?uhUc..ilOt1CQ..- TVtOA1~g~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 8, 2002 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd Cherie McCandless _ Mayor Robert Corrie _ BW Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from September 24, 2002 City Council Joint Meeting with Ada County Commissioners: B. Approve minutes from September 24, 2002 City Council Regular Meeting: C. Order of Decision: AP 02..001 Request for Appeal to allow gate on rear property line for access to rear yard of residence from NMID access road behind lot for Todd Burlile by Todd Burlile - 4881 West Toumament Drive: D. Heritaqe Commons (Quenzer Commons) Subdivision No.1 Streetlight Agreement, Brighton Corporation: E. Sewer Service Reimbursement Agreement, White Drain Trunk Project - Sundance limited, Sundance Subdivision: F. Addendum to Agreement for Professional Services - South Slouah Sewer Trunk Extension Project, JUB Engineers: G. Change Order No.1 (final) - Meridian Hiah School Water Line Project: H. Award of Contract for Variable Frequency Drives - Well No. 10 and Well No. 14: M.ridilOl CilY COLmci,l Ar;<nda- OCfobor 8. 2002 Page lotJ All ",lll..w. PR<l:llld 01 pubS. mcctinv.ha1J bocome propo:ny oflho City orMeridWL AnyDn. deoiring Itl:COtnmodaliDll fer disabiliti.. reJatc:d ID do".."""" a.ndIor h..",;ngll pl"$e contaotlhe CilY C1er1c.'5 OlE"" at 888-4433 Al.1...o.148 bollr5 ,,"ono 1ho public ",.,<1.iu.g. ( Ple.o.St. ~DSt Jx ?uhLlc..YlotlCe.-- LtrlCVfllt-bl. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 8,2002 at 7:00 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. Consent Agenda: A. Approve minutes from September 24, 2002 City Council Joint Meeting with Ada County Commissioners: B. Approve minutes from September 24, 2002 City Council Regular Meeting: C. Order of Decision: AP 02~001 Request for Appeal to allow gate on rear property line for access to rear yard of residence from NMID access road behind lot for Todd Burlile by Todd Burlile - 4881 West Toumament Drive: D. Heritaae Commons (Quenzer Commons) Subdivision No. 1 Streetlight Agreement, Brighton Corporation: E. Sewer Service Reimbursement Agreement, White Drain Trunk Project - Sundance Limited, Sundance Subdivision: F. Addendum to Agreement for Professional SelVices - South Slouah Sewer Trunk Extension Project, JUB Engineers: G. Change Order No. 1 (final) - Meridian Hiah School Water Line Project: H. Award of Contract for Variable FreQuencv Drives - Well No. 10 and Well No. 14: Meridian City Council Agenda - October 8, 2002 Page 1 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 4. Department Reports 5. (Items Moved from Consent Agenda) 6. Resolution No. : Approving Wastewater Pretreatment Program Fees and Adjustments: 7. Ordinance No. AZ 02-013 Request for annexation and zoning of 40.48 acres from RUT to R-4 zones for a Meridian Middle School for Joint School District No. 2 by Lombard Conrad Architects - east side of North Linder Road, north of West Ustick Road: 8. Ordinance No. AZ 02~014 Request for annexation and zoning of 4.39 acres from R-2 to L-Q zones for Treasure Vallev Baptist Church by Treasure Valley Baptist Church - 1300 South Teare Avenue: 9. Public Hearing: Meridian Development Corporation's Meridian Revitalization Plan: 10. Continued Public Hearing from September 24. 2002: AZ 02-010 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road 11. Continued Public Hearing from September 24. 2002: PP 02-009 Request for Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: 12. Continued Public Hearing from September 24, 2002: CUP 02~012 Request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 multi-famlly dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for the proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: 13. Public Hearing: CUP 02-022 Request for a Conditional Use Permit for a three building office complex in an I-L zone for Treasure Vallev Business Park by Clark Development - southwest comer of North Eagle Road and East Fairview Avenue: Meridian City Council Agenda - October 8, 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 hearings please contact the City Cletk.s Office at 888-4433 alleasl 48 hours prior to the public meeting. 14. Public Hearing: PFP 02-002 Request for Preliminary/Final Plat approval of 3 building lots on 2.66 acres in an I-L zone for Treasure Vallev No.2 Subdivision by Clark Development -- southwest corner of North Eagle Road and East Fairview Avenue: Meridian City Council Agenda - October 8, 2002 Page 3 of3 All materials presented at public meetings sha11 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. tleak ;Jorf f;ui ph,6/t'c /l/C?h~ 7A ~~,h f CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA - REVISED /*=' t -==~ ::~~~ Tuesday, October 8,2002 at 7:00 p.m. City Council Chambers 1. Rollwcall Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from September 24, 2002 City Council Joint Meeting with Ada County Commissioners: B. Approve minutes from September 24, 2002 City Council Regular Meeting: C. Order of Decision: AP 02w001 Request for Appeal to allow gate on rear property line for access to rear yard of residence from NMIO access road behind lot for Todd Burlile by Todd Burlile - 4881 West Tournament Drive: D. Heritaae Commons (Quenzer Commons) Subdivision No.1 Streetlight Agreement, Brighton Corporation: E. Sewer Service Reimbursement Agreement, White Drain Trunk Project - Sundance Limited, Sun dance Subdivision: F. Addendum to Agreement for Professional Services - South Slouah Sewer Trunk Extension Project, JUB Engineers: G. Change Order No. 1 (final) - Meridian Hiah School Water Line Project: H. Award of Contract for Variable FreQuency Drives - Well No.1 0 and Well No. 14: MeridilUl City Council Agenda - October 8, 2002 Page I of3 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 alleast 48 hours prior to the public meeting. 4. Department Reports 5. (Items Moved from Consent Agenda) 6. Resolution No. : Approving Wastewater Pretreatment Program Fees and Adjustments: 7. Ordinance No. AZ 02-013 Request for annexation and zoning of 40.48 acres from RUT to R-4 zones for a Meridian Middle School for Joint School District No. 2 by Lombard Conrad Architects - east side of North Linder Road, north of West Ustick Road: 8. Ordinance No. AZ 02-014 Request for annexation and zoning of 4.39 acres from R-2 to L-Q zones for Treasure Vallev Baptist Church by Treasure Valley Baptist Church - 1300 South Teare Avenue: 9. Public Hearing: Meridian Development Corporation's Meridian Revitalization Plan: 10. Continued Public Hearing from September 24, 2002: AZ 02-010 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for proposed Lochsa Falls Subdivision by F arwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road 11. Continued Public Hearing from September 24, 2002: PP 02-009 Request for Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: 12. Continued Public Hearing from September 24, 2002: CUP 02-012 Request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for the proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: 13. Public Hearing: CUP 02-022 Request for a Conditional Use Permit fora three building office complex in an I-L zone for Treasure Valley Business Park by Clark Development - southwest comer of North Eagle Road and East Fairview Avenue: Meridian City Council Agenda - October 8, 2002 Page 2 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 14. Public Hearing: PFP 02-002 Request for Preliminary/Final Plat approval of 3 building lots on 2.66 acres in an I-L zone for Treasure Vallev No.2 Subdivision by Clark Development - southwest corner of North Eagle Road and East Fairview Avenue: 15. Discussion concerning Waltman Lane I Meridian Road I Central Drive J Main Street Intersection Design: Meridian City Council Agenda - October 8, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX CONFIRMATION REPORT ** AS OF OCT 87 '82 17:89 PAGE. 81 CITY OF MERIDIAN 86 87 88 89 18 11 12 13 14 15 16 17 18 19 28 21 22 23 24 25 26 DATE TIME TO/FROM MODE MIN/SEC PGS 10/07 16: 25 3818160 EC--S 81' 23" 883 18/07 16: 27 PUBL I C WORKS UF--S 88' 39" 883 18/87 16:28 2888881193 EC--S 08'49" 803 10/87 16: 38 8841159 EC--S 88' 58" 083 10/07 16:31 2888840744 EC--S 00'49" 883 10/07 16:32 2888467366 EC--S 88'51" 003 18/07 16:34 208 898 5501 EC--S 00'50" 003 10/07 16: 35 LIBRARY EC--S 01'05" 003 10/07 16:38 208 388 6924 EC--S 01'03" 083 10/07 16:39 2088886854 EC--S 00'50" 003 10/07 16:41 2083757154 EC--S 00'50" 003 10/07 16: 42 8950390 EC--S 00' 49" 003 10/07 16:44 208 387 6393 EC--S 00'50" 003 10/07 16:46 CHERRY LANE EC--S 01'03" 003 10/07 16:47 POST OFFICE EC--S 01'24" 003 10/07 16:49 208 888 1983 G3--S 01'13" 003 10/07 16:51 ID ~RESS TRIBUNE EC--S 00'53" 003 10/07 16:52 208 888 6700 EC--S 00'52" 003 10/07 16:57 208 377 6449 EC--S 01'16" 003 10/07 17:06 CHAMBER-COMMERCE ----S 00'00" 000 10/07 17: 137 ADA CTY DEUELMT G3--S 01 ' 42" 13133 THIS DOCUMENT IS STILL IN MEMORY CMDl:I 232 232 232 232 232 232 232 232 232 232 232 232 232 232 232 232 232 232 232 232 232 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK BUSY OK -------------------------------------------------------------------------------------------- Ileak ;/orf- ~ fJh-6 /;'c_ ;f/o-h~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA - REVISED ...-.~ Tuesday, October 8, 2002 at 7:00 p.m. City Council Chambers 1. RolI.call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie 2. Adoption of the Agenda: M rc..-Y"l.--k f Bill Nary Keith Bird 3. Consent Agenda: A. Approve minutes from September 24, 2002 City Council Joint Meeting with Ada County Commissioners: ...- ~.I..~---- B. Approve minutes from September 24, 2002 City Council Regular ** TX cONi 4TlON REPORT ** DATE TIME TO/FROM 16 10/08 23:21 PUBLIC WORKS 17 10/08 23:22 2088881193 18 10/08 23:24 8841159 19 10/08 23:25 2088840744 20 10/08 23:27 2088467366 21 10/08 23:28 208 898 5501 22 10/08 23:30 LIBRARY 23 10/08 23:31 92083776449 24 10/08 23:33 208 3B8 6924 25 10/08 23:34 2e88886854 26 10/08 23:36 2083757154 27 10/08 23:37 8950390 28 10/08 23:39 208 387 6393 29 10/08 23:40 ADA CTY DEVELMT 30 10/08 23'43 CHERRY LANE 31 10/08 23'44 POST OFFICE 32 10/08 23'46 2e8 888 1983 AS OF OCT 08 '02 2. PAGE. 01 CITY OF MERIDIAN MODE M[WSEC PGS CMDI; STATUS UF--S 00'45" 003 004 OK EC--S 00'57" 003 004 OK EC--S 00'57" 003 004 OK EC--S 00'57" 003 004 OK EC--S 00'57" 003 004 OK EC--S 00'55" 003 004 OK EC--S 01' 10" 003 064 OK EC--S 00'56" 003 004 OK EC--S 01'09" 003 0134 OK EC--S 00' 56" 1303 0134 OK EC--S 00'56" 003 004 OK EC--S 00'56" 003 004 OK EC--S 00'56" 003 004 OK G3--S 01'45" 003 1304 OK EC--S 01' 10" 0133 1304 OK EC--S 01'31" 0133 004 OK G3--S 01' 16" 003 004 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA - REVISED Tuesday, October 8, 2002 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ TammydeWeerd >< Bill Nary ~ Cherie McCandless ---x Keith Bird --K- Mayor Robert Corrie 2. Adoption of the Agenda: apflHJv<,,- 3. Consent Agenda: A. Approve minutes from September 24, 2002 City Council Joinl Meeting with Ada County Commissioners: CtJ?prvV'~ B. Approve minutes from September 24, 2002 City Council Regular Meeting: ~....~ C. Order of Decision: AP 02-001 Request for Appeal to allow gate on rear property line for access to rear yard of residence from NMID access road behind lot for Todd Surlile by Todd Surlile - 4861 West Tournament Drive: a-)~)'"(>rr.R.- D_ Heritage Commons (Quenzer Commons) Subdivision No. 1 Streetlight Agreement, Brighton Corporation: or;rro""<- E. Sewer Service Reimbu~ement Agreement, White Drain Trunk Project - Sundance Limited, Sundance Subdivision: a..?r-ol/'-<- F. Addendum to Agreement for Professional Services - South SloUQh Sewer Trunk Extension Project, JUS Engineers: wI' fro> ".......... G. Change Order NO.1 (final) - Meridian Hiah School Water Line Project: ~"N" v.(... H. Award of Contract for Variable FreQuencv Drives - Well No. 10 and Well No. 14: 4jPf'Y'V'V.K..- Muid... Cily Co<wcil AS..da-Odo",,"ll, 2002 &geloC) ;,JI mol.,;.1o pr.._d bE public ,"<<:lin~' ,hoII b"",,,,. ptOp"')' oftho>chyofM<<idi= Anyon.; dC'sm.c ICCommodatiOD for Mbintietl rduo:J to do~mIIIU an'llJor h-cri\ri"~ pi"" """'"'" lb. City ClorI<', Offlco 3lnS-33 '" 1_ 48 hoo,. prior '" tho publ;,; =din~ ** TX CONF IRMA, . uN REPORT ** AS OF OCT 08 '0;,;;23:56 PAGE. 01 CITY OF MERIDIAN 01 02 06 DATE TIME TO/FROM 10/08 23:48 ID PRESS TRIBUNE 10/08 23:50 208 888 6700 10/08 23:55 3810160 CMDl:t STATUS 004 OK 004 OK 004 OK MODE EC--S EC--S EC--S MIN/SEC PGS 00'57" 003 00'56" 003 01'30" 003 ---------------~------------------------~-------------------------------~-~---------------~- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA - REVISED Tuesday, October 8. 2002 at 7:00 p.m. City Council Chambers 1. RolI~can Attendance: ~ Tammy de Weerd k Bill Nary :.=K.: Cherie McCandless -X Keith Bird ~ Mayor Robert Corrie 2. Adoption of the Agenda: apfll-{)v<- 3. Consent Agenda: A. Approve minutes from September 24, 2002 City Council Joint Meeting with Ada County Commissioners: CvJ'1frvV'A!.- B. Approve minutes from September 24, 2002 City Council Regular Meeting: ~V'-L C. Order of Decision: AP 02-001 Request for Appeal to allow gate on rear property line for access to rear yard of residence from NMID access road behind lot for Todd Burlile by Todd Burme - 4881 West Tournament Drive: arl'~v~ D. Heritaae Commons (Quenzer Commons) Subdivision No.1 Streetlight AgreementJ Brighton Corporation: O/r II'<.- E. Sewer Service Reimbursement Agreement, White Dmin Trunk Project - Sundance Limited, Sundance Subdivision: a.p rV'-<- F. Addendum to Agreement for Professional Services - South Slouah Sewer Trunk Extension Project, JUS Engineers: NtfY1Pv...<-.--' G. Change Order No.1 (final) - Meridian High School Water Line Project: u.rP?"19' VoL H. Award of Contract for Variable Frequency Drives - Well No. 10 and Well No. 14: ttp.P"f'lPv.c.- Mcrldim City Co<wcil Agendll- Oaohor It, ZOOZ !'ago 11)f3 All "",tMbb pres~d at pubJi" l\1<;CIing..1Wl become p<<1ptrtyofthe CityofMcridillll. Anyone &.iring ."C<l1mI1od;\tiCBl fQ!' disabilitic. rcllJ1cd to oo<:llmaIIs iU'\dlor hcarlngo pl<b.., ~ th~ City CltrX'~ Office at 888-4433 trI ICDSI4fl hours prior to tlto publ;" =<iing. i ** TX CONFIRM~r,~N REPORT ** AS OF OCT 08 '6~ 13:54 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 07 10/08 13:53 2088985903 MODE MIN/SEC PGS CMD~ STATUS EC--S 01' 23" 003 245 OK ----------------------------------------------------------------------------------~--------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA - REVISED Tuesday. October 8, 2002 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: __ Tammy de Weerd Cherie McCandless _ Mayor Robert Corria _ Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from September 24, 2002 City Council Joint Meeting with Ada County Commissioners: B. Approve minutes from September 24, 2002 City Council Regular Meeting: C. Order of Decision: AP 02-001 Requast for Appea] to allow gate on rear property line for access to rear yard of residence from NMID access road behind lot for Todd Burma by Todd Burlile - 4881 West Tournament Drive: D. HeritaQe Commons (Quenzer Commons) Subdivision No. 1 Streetlight Agreement, Brighton Corporation: E. Sewer Service Reimbursement Agreement. White Drain Trunk Project - Sundance Limited, Sundance Subdivision: F. Addendum to Agreement for Professional Services - South Slouah Sewer Trunk Extension Project. JUB Engineers: G. Change Order No. 1 (final) - Meridian High School Water Line Project: H. Award of Contract for Variable FreQuencv Drives - Wall No. 10 and Well No. 14: Moridw. CilyCOWlcil All<>nda-Oaol>er~, 2D02 P411C I of3 AU mmriots pre.onUd at publie meeting:s $holl become prOPlD1Y o!tbo Cily of Meridian AnyOIlo do.iri.llg a<comme<lnliO.ll for disobi/ili." rdnled lo docum.enls Q.lldlor h~.f:$ ple;tto t<mbCl tho City Cllltk's om"" 01888-4433 At leas1 48 hour.; prior 10 tho public mOiting. ** TX CONF I RMAh uN REPORT ** AS OF OCT 08 '0~ 14:59 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 09 10/08 14:58 8877632 MODE MfN/SEC PGS CMD~ STATUS EC--S 00 I 52" 003 248 OK -----------~--------------------------------------------~----------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA - REVISED Tuesday, October 8, 2002 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: -_ Tammy de Weerd _ Bill Nary Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from September 24, 2002 City Council Joint Meeting with Ada County Commissioners: B. Approve minutes from September 24, 2002 City Council Regular Meeting: C. Order of Decision: AP 02..001 Request for Appeal to allow gate on rear property line for access to rear yard of residence from NMID access road behind lot for Todd Burme by Todd Burlile - 4881 West T oumament Drive: D. HeritaQe Commons (Quenzer Commons) Subdivision No.1 Streetlight Agreement, Brighton Corporation: E. Sewer Service Reimbursement Agreement, White Drain Trunk Project - Sundance Limited, Sundance Subdivision: F. Addendum to Agreement for Professional Services - South Slouah Sewer Trunk Extension Project, JUB Engineers: G. Change Order No.1 (final) - Meridian Hlnh School Water Line Project: H. Award of Contract for Variable FreQuency Drives - Welf No. 10 and Well No. 14: Meridian City Council Agooda - Oolober 8. 2002. Page 1 of3 All nutcMI. prcoartcd at. public mcctinso sholl become property dth. City ofMtriclian. N1Yl)n~ d&iring =ommodoliOll t<>f ditabililios rolat<:d I;t) do.,,,,,,,tl!< andlcrb<:orirtgs plclL<e cnll1att lhc City ClOtk'8 Office at Sl!1I-4433..t 1=48 ho= prior to the pubHu =<liDg. ** TX CONFIRMAi!uN REPORT ** i AS OF OCT 108 '0~ 13:25 PAGE. 101 CITY OF MERIDIAN DATE TIME TO/FROM 106 110/108 13:24 20889859103 MODE MIN/SEC PuS CMD~ STATUS EC--S 101'23" 10103 243 OK ~----------------------------~----------------------------------------------~-------~------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA - REVISED Tuesday. October 8,2002 at 7:00 p.m. City Council Chambers i. RolIRcall Attendance: Tammy de Weerd Cherie McCandless _ Mayor Robert Corrie _ Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from September 24. 2002 City Council Joint Meeting with Ada County Commissioners: B. Approve minutes from September 24. 2002 City Council Regular Meeting: C. Order of Decision: AP 02-001 Request for Appeal to allow gate on rear property line for access to rear yard of residence from NMID access road behind lot for Todd BurliJe by Todd Burme - 4881 West T oumament Drive: D. Heritaae Commons (Quenzer Commons) Subdivision No. 1 Streetlight Agreement, Brighton Corporation: E. Sewer Service Reimbursement Agreement, White Drain Trunk Project - Sundance Limited. Sundance Subdivision: F. Addendum to Agreement for Professional Services - South Slouqh Sewer Trunk Extension Project, JUB Engineers: G. Change Order No. 1 (final) - Meridian Hiah School Water Line Project: H. Award of Contract for Variable Frequencv Drives - Well No. 10 and Well No. 14: M.ridilln Cily C......cil As.""'!" - OtUlb.,. II, 2002 l'aga 1 00 All ~m..h pr.sonr9.d 11\ public m.co:tingll.boll bi"""" prop<rty oflhe City ofMaidian. AnYOn. dc:<iring "".ormnoc!o.Lion fO!" disabilili.. rc4l:ed t" doc:wncma ""d/ar m",nngJ; plcB.'. C(),lt9.c:l tha City Clark's Office 9.' 88S-4433l'l J~ 48 hwn prior 1" ili. public mo:eting. C I G<<em I g~~~fpiCkUP CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, October 8,2002 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de WeerdX ~ Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda; tA--fp-ro (./'-t./ 3. Executive $ession per Idaho Code 67-2345 (1)(f): At? declJ/(hJ Update on Property Exchange with Farmers & Merchants State Bank - Mayor Corrie: tua1h'hJ ~ Q-/pr().../.ret-f Discussion on Senior Citizens Center Budgeted Funds: de}/~a.:r..e- ~d of Discussion of Elixer Industries Public I Private Road Issue: /U? tv ~f?7l-L1 C:bvt7 ~~ .- M?J ~U6/; G /\../?o/L~)~ 4. 5. 6. Meridian City Council Agenda - October 8, 2002 Page 1 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 8884433 at least 48 hours prior to the public meeting. ( November 1 , 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT REQU EST November 6, 2002 ITEM NO. Approve minutes of October 8, 2002 Pre-Council Meeting: ~-i2> 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 vV vu1~ Date: Phone: Materials presented at public meetIngs shall become property of the City of Meridian. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, October 8, 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. Executive Session per Idaho Code 67-2345 (1 )(f): No Decision 4. Update on Property Exchange with Farmers & Merchants State Bank - Mayor Corrie: Waiting for Appraised 5. Discussion on Senior Citizens Center Budgeted Funds: Designate Funds 6. Discussion of Elixer Industries Public I Private Road Issue: New Application - new Public Hearing Meridian City Council Agenda - October 8, 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 Ofrice at 888-4433 at least 48 hours prior to the public meeting. ( Meridian City Pre-Council Meetin~ October 8, 2002 The Pre-Council Meeting of the Meridian City Council was called to order at 6:00 P.M. on October 8, 2002, by Mayor Robert Corrie. Members Present: Robert Corrie, Cherie McCandless, Bill Nary, Tammy de Weerd, and Keith Bird. Others Present: Bill Nichols, Gary Smith, Ken Bowers, Brad Watson, Steve Siddoway 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: I'm going to open the Pre-Council meeting of Tuesday October the 8th 2002 at 6:00 P.M. - Item 2. Adoption of the Agenda: Corrie: Item Number 2 is Adoption of the Agenda. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move we adopt the agenda as published. De Weerd: Second. Corrie: Motion made and second to adopt the agenda as published. All those in favor say aye. MOTION CARRIED: ALL AYES. Item 3. Executive Session per Idaho Code 67-2345 (1 )(f): Corrie: Item Number 3 is Executive Session per Idaho Code. Bird: Mr. Mayor. Corrie: Mr. Bird. Meridian City Pre-Council Meetir.1,/ October 8, 2002 Page 2 of 5 Bird: I move we go into Executive Session per Idaho Code 67-2345 (1 )(f). De Weerd: Second. Corrie: Okay motion has been made and second. Roll call vote Mr. Berg. Roll-call vote: Bird, aye; De Weerd, aye; McCandless, aye; Nary, aye. All ayes. Corrie: All ayes to go into Executive Session. (Enter Executive Session) (Return from Executive Session at 6:54 P.M.) De Weerd: Second. Corrie: Okay is there any other discussion? All those in favor of coming out of the Executive Session say aye. MOTION CARRIED: ALL AYES. Corrie: Let the record show that no decisions was made in Executive Session that will not be made in the public arena. All right. I apologize for being so long. We had a little longer in Executive Session then we anticipated so. Item 4. Update on Property Exchange with Farmers & Merchants State Bank - Mayor Corrie: Corrie: We have three items here update on Property Exchange with Farmers and Merchants State Bank by Mayor Corrie. The only thing I have on that, I have not received anything on the appraisal yet from Mr. Jim Boyd who is going to be giving that to us. I did have a letter from Knipe Janoush and Knipe. Well whomever it is it's a professional real estate agency service that gives us appraisals and they would of provide appraisal. The standard fee would be $2,500 dollars. I suggest to Council that we wait till we get back Jim Boyd's appraisal value before we do anything with this $2,500 dollars at this point because we can go either way we want to go there. Any other questions on that at this point? Item 5. Discussion on Senior Citizens Center Budgeted Funds: Corrie: Item Number 5 is discussion of Senior Citizens Budget funds. I guess Tammy if you wanted to say a few words on that one while I look for this. De Weerd: I didn't really have any comment. I believe our attorney had asked us to identify some areas that we wanted the money we were going to grant the Meridian City Pre-Council Meetu,!;;/ October 8. 2002 Page 3 of 5 Senior Center to be dedicated to. 5,000 of that was to be dedicated to their van and transportation costs to support their efforts in transportation. The rest of it they sent to the Council a list of projects that they anticipate needing work this next year and I think all of them total much more then what we were granting them. So we can just give it to maintenance projects to the Center if that would be appropriate and leave it at that. Nichols: Mr. Mayor, members of the Council. We need to specify what the funds are going to be used for. Cause in a sense we are purchasing service for citizens in Meridian and that's the way we need to deal with it. So the $5,000 is to purchase transportation services for citizens of the City of Meridian. So on the remainder of the budgeted funds if you indicate what that. You know if it's to provide social programs for Meridian Seniors or however you wish to do it then we'll. But it needs to be an essentially what services they will provide to Meridian citizens in exchange for these funds. De Weerd: Mr. Attorney could that be in terms of building maintenance? Nichols: Councilwoman De Weerd. I would say not, it needs to be in other words we are contracting with them for some specific service. Now if they use the funds to help provide a safe place for them to provide those services for social activities and that sort of thing I think that's okay. But I think we just need to have it couched in terms of services. Corrie: [think we can meet with them and specifically what we wanted that money to go to. There are going to use it for that purpose and whatever they normally would they'll do something else with the money they were going to do that for. Nichols: Mr. Mayor we would be pleased to work in terms of getting an agreement together. Corrie: Okay if that's agreeable to the Council. We'll get together and do it that way. Okay. Item 6. Discussion of Elixir Industries Public I Private Road Issue: Corrie: I think last on the agenda for this was discussion of Elixir industries public private road issue. We did have a memo from Brad Hawkins-Clark in reference to this particular incident. I had talked with the representatives of Elixir Industries the one thing I was concerned about was ACHD and the problem that might arise from drainage. We got a letter from ACHD that stated that they didn't care whether it was commercial or Public or Private they can be private as far as they were concerned and we got the recommendation from the Planning and Zoning Commission. They recommended that the road remain a private road. So I guess anybody have any other suggestions other then if you want it to be a Meridian City Pre-Council Meelitl~ October 8, 2002 Page 4 of 5 private road we need to go back. And Mr. attorney we need to address that in another session that we'll go back from a private road rather then a public road. Nichols: Mr. Mayor, members of the Council. You recall that when Elixir Industries came forward. I think it was a conditional use permit as well as a preliminary plat. The requirement was made that that road be made a and built to public road standards and be a public road you also had testimony from adjoining property owners that asked you require the road be made a public road so that they would have access through that road to Eagle Road. So if we are going to change those findings then there needs to be a process that goes back through the public hearing process before that's done. Corrie: Okay, then I suppose that's what we should do is go back to the public hearing. Bird: Send it back through. Corrie: Council wants to do that. Bird: That would be fine with me. De Weerd: That's fine with me. Corrie: Okay then we will work with the City Clerk and make that a public hearing and get it back on the agenda. That takes care of-- Nary: Isn't the applicant the one requesting the change in the findings. Corrie: I think so. Nary: I guess the response from the council should be that if they would like for us to consider that change they'll have to file a application and go back through the public hearing process. Siddoway: Mr. Mayor. Corrie: Yes. Siddoway: I would just point out that the Marcon Subdivision, private road was applied for through the miscellaneous application, and I would just recommend that same process be followed by the applicant. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Meridian City Pre-Council MeetillY October 8, 2002 Page 5 of 5 Nichols: Steve on the miscellaneous application will they adjoining property owners receive notice of the application the same as they would for modification of an existing approval? Siddoway: So with the 300 foot radius, like there would be for the plat itself that came through. I'll have to verify that but we should get the same notice out to the original property owners that were notified of the plat. Corrie: Okay any other discussion on the Pre-Council? Hearing none I will entertain a motion to close the Pre-Council meeting. De Weerd: So moved. Bird: Second. Corrie: Motion has been made and second to close the Pre-Council meeting. Any further discussion? All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:04 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~ RT D. CORRIE, MAYOR II I 6 102- DATE MAYOR Robert D, Corrie ..' ( ,'{; ~~: 4,t.~.td... '" . -. ~ ., r, ""'.. .... - ~ '~-4 'I': ""'!.-;"'3V1"'-') otG CITY OF tt~;.,.j), , ..'- - '<. erldian-- J;; "\ ~ IDAHO / ,>. -7 -s.~ --d' i> '~E^,~I'fl~ 1903 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-2501 PARKS & RECREATION (208 888-3579 . Fax 898-550 I PUBLIC WORKS (208) 898.5500 'Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, October 8,2002 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: - Executive Session per Idaho Code 67-2345 (1)(f): - Update on Property Exchange with Farmers & Merchants State Bank - Discussion on Senior Citizens Center Budgeted Funds: - Discussion of Elixer Industries Public / Private Road Issue: The Executive Session is closed to the public, however the public is welcome to attend the remainder of the meeting. DATED this 3rd day of October, 2002. - - - 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 . City Clerk Office Fax (208) 888-42 [8 . Human Resources Fax (208) 288-1193 ~~~ , ... .~ A':;: '-.''''''''''''"!!J: .. .,~, ~'{".: ~__~r.. j! """"'"'- p /' CITY OF [~~~. ." VYL erldicrn---~l~~\ ~ IDAHO I~ .A Y ~C ~ .~'" -of .~q,"" \ 1903 LEGAL DEPARTMENT (208) 288.2499 - Fax 288-2501 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 MAYOR Rohen D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L M. Nary Cherie McCandless Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, October 8, 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: - Executive Session per Idaho Code 67-2345 (1)(f): - Update on Property Exchange with Farmers & Merchants State Bank - Discussion on Senior Citizens Center Budgeted Funds: - Discussion of Elixer Industries Public / Private Road Issue: The Executive Session is closed to the public, however the public is welcome to attend the remainder of the meeting. DATED this 3rd day of October, 2002. -- -- ~ : ~ I . 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 (}/ C (0-$_02-- Ire -G>Wr'l Ct' I /11e,f' hh3 7/e-- # G Memo RECEIVED OCT - 7 2002 To: Mayor & City Council From: Brad Hawkins-Clark .~~ cc: Will Berg, Gary Smith, Brad Watson Date: October 4, 2002 Re: Elixir Subdivision Private/Public Street -Item #6 on 10-8-02 Pre-Council Agenda City of Meridian City Clerk Office For the subject item on next Tuesday's agenda, please see attached the following items and comments, provided in chronological order: A. Staff & PZ Commission Recommendations (8-15-01): A copy of pg. 3 from the P&Z Recommendation. Staff's recommendation is in standard font, recommending a public street, and the Commission's recommendation is in bold font, agreeing with the Applicant's proposal to go with a private street. The Commission's recommendation was for Commercial to be private. B. City Council Order of Conditional Approval Re. Roadway (9-4-01): Items # 6 and #14 deal with the status of E. Commercial, as stated in the final adopted Order. Item #6 shows the Council supported a public street. Item #14 is ACHD's condition which states three conditions the Applicant must meet if the street is dedicated. (Note: Staff views this condition to demonstrate ACHD's willingness to consider Commercial as a public street initially. Christy Richardson's11-01-01 letter to Paul Clayton reiterates ACHD's willingness to accept public dedication. But Ms. Richardson's 8-27- 02 letter to Mayor Corrie recounts this initial willingness to accept public dedication.) C. ACHD Letter to Paul Clayton (11-1-01): Re-states ACHD's conditions on the Preliminary Plat to allow a public street if constructed to ACHD standards. D. Bill Nichols Letter to Paul Clayton (12-19-01): Reiterates City Council decision to require a public street. E. Bill Nichols Letter to Paul Clayton (1-14-02): Reiterates City Council decision to require a public street. F. Attorney Fredric Shoemaker Letter to Mayor Corrie/Council (2-4..02): Requests City to reconsider decision to require a public street. G. ACHD Letter to Mayor Corrie (8M27..Q2): Opposes Commercial as a public street and states reasons for opposition. H. Vicinity Map of Area: Shows existing street system in the immediate area of Elixir Subdivision. Talkino Points for City Council 1. ITO will not allow any additional signals on SH55 between Franklin and Fairview, so Commercial Court/Lane will likely never be signalized in the future. 2. The number of vehicle trips using Commercial is not likely to be different if Commercial is public or private. 3. The opportunity for redevelopment and new construction on the south side of Commercial wHllikely attract both industrial and commercial users, which will probably use Commercial to access Eagle/SH 55. The future uses on the north side of Commercial will likely use Pine to access Eagle/SH 55. 4. The City does not have any assurances on when Pine Avenue will be extended to the west. This extension is slated in the ACHO Five Year Work Program to be funded by developers only. Until such time, Commercial Lane, especiaUy if connected to the west to access Nola, will provide a much needed relief on Franklin Road. 5. While public dedication to ACHO can occur in the future (via a warranty deed), it would be at the will of the owner(s) of the private street. The City could not link subdivision approval to the street's dedication. Staff feels now is the most appropriate time and the plat is the best avenue to ensure the street's design and categorization. . Page 2 .Jf 6. ~ ...1. ,- . J locations are at street intersections and/or fire hydrants. (\tt, ~ 8-l5-0\ 4. Underground year-round pressurized irrigation must be provided to all landscape areas on site. Please submit revised plans showing source on distribution details based on the proposed landscaping. Due to the size of landscaped area, 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. 5. Applicant has not indicated whether the pressurized irrigation system within this development is to be o\vned 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&lv[ manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single.point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. In compliance with Title 12A-2(A) the proposed private street should be dedicated to public use as a local commercial street 'With a width of no less than 50 feet. The right of way width shall comply with the requirements of ACHD, and shall be improved according to ACHD standards. The PIB.11!ling and Zoning Commission recommend that the road remain a private road. ---- 7. A lO-foot 'Wide landscape buffer shall be provided along Commercial Court adjacent to the proposed Lot 2 and shall be in compliance vvith the adopted Landscape Ordinance. 8. A 20-foot wide landscape buffer shall be required between Lots 1 and 2. The Landscape Ordinance requires a 20 or 25- foot landscape buffer RECOMMENDATION TO CITY COUNCIL ~ 3 PRELIMINARY PIAT ~ELIXIR SUBDIVISION BY ELIXIR INDUSTRIES Pc~-~ shall be responsible to pay water assessments for the entire conunon open area. q - ~ -0 \ * 6. In compliance with Title 12-4-2(A) the proposed private street shall be dedicated to public use as a local commercial street with a width of no less than 50 feet. The right of way width shall comply with the requirements of ACHD J and shall be improved according to ACHD standards. The City Cormcil requires that the road shall have dedication through and to the,road, and that it shall be a public commercial road. 7. The City COlillcil shall require the developer to provide a 4' masonry . wall and five foot buffer. The Meridian Water DeparUnent recommend that the subdivision not be permitted to proceed until the subdivision has been approved by the Water Department. Adopt the Meridian Fire Department Recommendations ~s follows: 8. Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Show all proximity hydrants within 500' of the project. 9. All corners shall have 28' inside radius and 48' outside radius. 10. The Primary Health Medical Building shall comply with the 1997 Uniform Fire Code for the storage of Medical Gases. Adopt the ACHD Recommendations as follows: II. Comply with requirements of ITD for Eagle Road. Submit to the District a"letter from ITO regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District In Traffic Engineer Michael Garz at 334-8340. 12. ACHD does not make any assurances that the private road that is apart of this application shall be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. 13. Pave the private roadway a minimum of 24-feet "vide and at least 30- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ELDCIR SUBDIVISION / (PP-Ol-014) . 6 ~~.c feet into the site beyond the edge of pavement of Eagle Road and install pavement tapers with 15~foot radii abutting the existing roadway edge. The applicant shall provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40-feet. *- 14. The following requirements shall be met if the applicant "Wishes to dedicate the roadway to ACHD: a. Dedicate a minimum of 50-feet of right-of-way for the road. b. Construct the roadway to the minimum ACHD requirements. c. Street name and stop signs are required for the private road. The signs may be ordered through the District at the cost of $240. Verification of the correct, approved name of the road is required. IS. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 16. Any existing irrigation facilities shall be relocated outside of the right-of- way. 17. Construct a 5-foot wide concrete sidewalk on Eagle Road located 2-feet "Within the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 18. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 19. In accordance with District policy, stub streets to the undeveloped parcels abutting this site shall be required upon review of a future application for this site. 20. The applicant shall provide the District with a copy of a recorded access easement among the parcels for use of the private road for access to the public street prior to final plat approval. 21. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Eagle Road is prohibited. Lot access restrictions, as required with this application, shall be stated on FINDINGS OF FACf AND CONCLUSIONS OF LAW AND ORDER OF CONDlTIONAL APPROV At OF PRELIMINARY PLAT ELIXIR SUBDIVISION I (PP-O 1-0 14) - 7 .I~\-.-- ~~ ll~ . ,jff!Il\CHD ..... ~ Ada County Highway District VC:~i '\/t~I~) Judy Peavey-Derr, President Dave Bivens, 1 sl Vice President Sherry R Huber, 2nd Vice President Susan S. Eastlake, Commissioner David E. Wynkoop, Commissioner 318 East 37th Street N. 0\' U ~, 7GO?arden City ID 83714-6499 ~ ..), Phone (208) 387-6100 .' l' " >. c'r. lU \).l:\~'.. FAX (208) 387-6391 (' " '1 .< ,. ~ '..fir ,,' " "~',...:c: Xc ft.fll!~ij:~t~hus@ACHD.ada.id.us ~ ~ d. J. ~ . November 1,2001 Paul Clayton 501 N. Eagle Road Meridian, ID 83642 RE: Elixir Subdivision Dear Mr. Clayton, It is my understanding that the City of Meridian is requiring the construction of a public street with your development. As you are aware, ACHD did not place such a requirement on this subdivision, but offers the following: > ACHD recognizes the current roadway as an established private road that will provide suitable access for the proposed development. > ACHD recognizes the need for a future public road connection in the future that will offer this site a secondary access to the west, rather than one access point to a state highway. ;;" ACHD encourages the applicant to construct the private road to local/commercial street standards so that the street does not have to be rebuilt at a future date; and encourages the applicant to work with ACHD to provide documentation for the street standard. .... ACHD is not requiring the construction of a public street with this application. ,. If the City of Meridian requires a public street, then it should be constructed to ACHD standards for ACHD to accept the roadway as a public street. The street serves industrial and commercial uses, and therefore if required to be constructed as a public street, should be constructed as one half of a 40-foot street section with curb, gutter and 5-foot wide concrete sidewalks, plus 12-feet of additional pavement, within 42-feet of right-of- way. I am aware that you have already constructed the street to ACHD local/commercial standards: 40-feet wide with curb and gutter on both sides, and that the City is requiring the construction of sidewalk on both sides. Your construction of the entire roadway section is above and beyond the standard ACHD requirement for one half of the roadway, if ACHD were requiring the construction of a pubiic road. Should the City require you to construct sidewalk along this street, by ACHD standards, you should only be required to construct sidewalk along the frontage of the parcels being developed. When the property to the north develops, that applicant should be required to construct sidewalk on the north side. Again, for the record, ACHD is not requiring either the construction of a public street or sidewalk. Please feel free to contact me if you have further questions. Sincerely, e~ Christy Richardson Planning Review Supervisor Cc: City Council Planning & Zoning WHITE PETERSON t\~-\- D ~------- WHITE. PETERSON, MORROW, GIGRAY. ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCttER WM. E OIGRAY, llJ BRENT JOHNSON D. SAMUEL JOHNSON LARRY D. MOORE WILLIAM A. MORROW WlLLIAM F. NICHOLS. CHRISTOPttER S. N YE PHILIP A. PETERSON ERIC S. ROSSMAN TODD A. ROSSMAN DAYID M. SWARTLEY TERRENCE R. WHITE.. 100 EAST CARLTON AVENUE, SUITE J 1 POST OFFICE BOX 1150 MERIDIAN, lDAHO 83680-1150 TEL (20B) 2BB.2499 FAX (20B) 28B.2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 147 NAMPA, IDAHO 83653-0247 TEL (208) 466.9272 FAX (208) 466.4105 "ALSO ...OMlITED IN OR "ALSO ADMITTED IN WA December 19, 2001 PLEASE REPLY TO MERIDIAN OFFICE Paul B. Clayton Elixir Industries 501 North Eagle Road Meridian, Idaho 83642 RE: Private/Public Road Issue -i;EUxjr~Jiidustries! ~_"."'_rU_. _ . __ ',' ''-' , . ~ Dear Mr. Clayton: I have reviewed. the rezoning, preliminary plat, and variance files regarding your recent application in connection with the Primary Health project. I have also reviewed the minutes of the City Council meeting held September 4, 2001. In our meeting, you indicated that you had trouble with the requiren1ent that the street be made a public street. The Council did listen to your testimony, as well as the testimony of representatives of Gemtone, Ine. and Ronald Van Auker, regarding the status of that road. Mter listening to that testilll.ony, the Council considered the necessity of having that road be dedicated to the public and built to ACHD standards. The discussion of the Council indicates to me that they wanted the street made into a public street. and for it to be improved to current ACHD standards, to the end of your property line. They did not intend that you should have to improve the street past the point that it is no longer adjacent to your property. It also appears from the testimony and the discussion that it was intended that the street be fully improved, and not just improved on the south side of the street. I am sorry that I could not be of more assistance to you, and I would be willing to talk to you again, but it appears that the Council's decision was velY clear. Very truly you~_/ ~ ~~ m~~ Cc: Mayor Robert D. Corrie City Council Shari Stiles, Planning and Zoning Dept. Z:\Work\M\Meridian\Meridian J 5360M\Elixier Sub RZO J .006 pro! -0 14 VARO J -0 J :!\CIaI'lUn 12190! Llulo~ ~~~~ WHITE PETERSON WHITE, PETERSON, MORROW, GIORAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER WM. F. GIORAY, lIJ BRENT JOHNSON D. SAMUEL JOHNSON LARRY D. MOORE WILLIAM A. MORROW WlLLIAM F. NICHOLS- CHRISTOPHER S. N YE PHILIP A. PETERSON BRIC S. ROSSMAN TODD A. Rossw..N DAVID M. SWARTLEY TERRENCE R. WHITE" 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-]499 FAX (208) 288-2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA. IDAHO 83653-0241 TEL (lOB) 466.9272 FAX (20B) 466.4405 'ALSO ADMITTED IN OR "ALSO ADMITTED IN WA January 14,2002 PLEASE REPLY TO MERIDIAN OFFICE Paul B. Clayton Elixir Industries 50 I North Eagle Road Meridian, Idaho 83642 RE: Private/Public Road Issue - Elixir Industries Dear Mr. Clayton: Pursuant to your last request, I did have a meeting with the Planning and Zoning Director and the Mayor regarding the issue of the dedication and construction of the street in your development. The Council took into account the impact of your development, as well as what they believe to be in the best interest of the City of Meridian as a whole, and pursuant to those findings, required that the street be dedicated to the public and improved to public standards. ~h Wm. F. Nichols Cc Mayor Robert D. Corrie City Council Shari Stiles, Planning and Zoning Dept. V Fred Shoemaker, Esq. Z:\Work\MWeridian\Meridian [5360M\Erixier Sub RZO 1-006 pro 1.0 14 v ARO [.0 12\C!avtonO 11402Ltr.doc 1 1 J~ ~ -\T.D~ T~,~J ( l\\-\-- ~ ~ (3 ~35) COSHO, HUMPHREY, GREENER & WELSH, P.A. COUNSELORS AND ATTORNEYS AT LAW CARNEGIE BUILDrNG 815 WEST WASHINGTON STREET BOISE, IDAHO 83702 TELEPHONE (208) 344-7811 FACSIMILE (208) 338-3290 e-mail: fshoemaker@chgw.com ALFA< AMElUCAN LA W FIRM ASSOClAnON FREDRIC v. SHOEMAKER February 4, 2002 Mayor Ro D. Corrie and M bers of City Council 33 t Idaho Avenue eridian, ill 83642 RE: PrivatelPublic road issues - Elixir Industries Dear Mr. Mayor and C.ouncil Members: I write on behalf of Paul Clayton and Elixir Industries which has before you a four-lot commercial subdivision adjoining and west of Eagle Road known as Elixir Properties Subdivision which the City Council approved subject to certain conditions at its meeting of September 4, 2001. At issue is the advisability and legality of the City's requirement that the two acres proposed to be platted as Lot 4, which has been a private road built by Elixir some 30 years ago, is to be converted to a public right-of-way as a condition of the City approving the subdivision plat. I know that Paul Clayton has met informally with a number of you as well as members of the City Plmming Staff and the City Attorney urging the City's reconsideration of its stated requirement that Commercial Court be converted to a public right-of-way. I will not attempt here to restate all of those arguments except to note that the evidence before you does not seem to justify the level of improvements and the dedication that would be required for Elixir to convert this private road to a public right-of-way. Most importantly the traffic count, both to be generated from this subdivision and even taking into account future development, especially with the difficulty in cOlmecting Commercial Court with lands to the west, do not establish the sufficient legal or practical nexus for public dedication. Perhaps the best argument against the City so conditioning its approval of the subdivision plat is the position consistently taken by the ACHD. That body has clearly and consistently been on record stating that it does not want Commercial Court to be dedicated nor is it requiring that the street or sidewalks be constructed to comply with ACHD requirements as was recently documented in Christy Richardson's letter of November 1, 2001, a copy of which ACHD files show you received. Mayor Robert D. Com. February 4, 2002 Page 2 Earlier today, we met with ACHD personnel who again underscored their position that Commercial Court need not and thus should not be dedicated as a public right-of-way to the Ada County Highway District They also underscored their reluctance to accept Commercial Court and any associated right-of-way for maintenance. More importantly, the ACHD is unwilling to purchase the right-of-way and certainly is not condemning nor is it seeking to condemn Commercial Court. Instead, the City of Meridian, in imposing on the developer this exaction, and in my opinion, should be required to pay the costs associated with the exaction, meaning the fair market value of Commercial Court and the additional costs associated with complying with the ACHD requirements for dedicating it to the public. It is our estimate that these damages and costs will be at least $250,000 and we believe it's only fair and reasonable for the City of Meridian, as the party insisting on the dedication, to pay for the exaction. Although Elixir Industries and Mr. Clayton appreciate that the City of Meridian's decision is guided by an array of social and economic considerations as well as political and legitimate plarming concerns and also recognizes that the City has able l.egal counsel, it must be. pointed out that no statute gives the City of Meridian the authority to insist upon the dedication, in the face of the ACHD's clearly stated position to the contrary. This is so because the relevant provisions of Title 40,.Chapters 13 and 14 ofthe Idaho Code, stipulate that the ACHD has all of the powers and duties regarding public streets, generally to the exclusion of municipalities and Ada County. First, Idaho Code Section 40-1415(1) provides broad and specific powers (excepting out only urban renewal projects) and states that county-wide highway districts, even within the limits of any city, ". . . shall be responsible for the design, construction, reconstruction, and maintenance of city rights-of-way. . ." . Subsection 2 states that the "acquisition and acceptance of rights-of-way shall be the responsibility of the county-wide highway district." Idaho Code Section 40-l415(2). Idaho Code Section 40-1415(4), perhaps the statutory provision most on point, stipulates that: The highway district shall be responsible for planning and location of rights-of-way. In planning for and determining location of rights-of-way, the highway district shall submit to the appropriate planning agency the proposed location of the rights-of-way. In locating rights-of-way the highway district shall take into consideration the comprehensive general plan of the appropriate county or city planning agency. In planning for the location of rights-of-way, the highway district shall comply with all appropriate provisions of chapter 65, title 67, ldaho Code. Idaho Code Section 40-1406 also limits a city's powers in this arena, by making explicit reference to a city's powers to be ". . . placement, care and removal of trees, shrubs, grass and other plants, which are located within the rights-of-way of any highway of the county-wide highway district." Mayor Robert D. Corr. February 4,2002 Page 3 Additionally, although cities necessarily have broad planning and zoning authority, those rights also emanate from legislation and do not extend to requiring the dedication of private property to the ACHD in the face of the ACHD's contrary position. Notably, the Local Land Use Planning Act, Idaho Code Section 67-6508, in respect to the "transportation" component of planning, stipulates that the city (or county) is to undertake "an analysis, prepared in coordination with the local jurisdiction(s) having authority over the public highways and streets, showing the general locations and widths of a system of major traffic thoroughfares and other traffic ways, and streets and the recommended treatment thereof. This component may also make recommendations. . ." regarding streets. We therefore ask that the City reconsider and reverse its decision requiring the dedication of Commercial Court to the ACHD as a condition of the City's approval of Elixir Industries subdivision. FVS/sas c: William F. Nichols Paul Clayton Craig Driver Doug Bergey Doug Unger Neal Newhouse Shari Stiles, Planning & Zoning Dept. / .-i~~!k .....,-i--.~1 ~~~ . ACHD ~ Ada County Highway District David E, Wynkoop, President Dave Bivens, 1st Vice President Judy Peavey-Derr, 2nd Vice President Susan S. Eastlake. Commissioner Sherry R. Huber, Commissioner 318 East 37th Street Garden City 1083714-6499 Phone (208) 387-6100 FAX. (208) 387-6391 E-mail: teflus@ACHD.ada.id.us August 27, 2002 Honorable Mayor Bob Corrie City of Meridian 33 E. Idaho Street Meridian, ID 83642 R=~=IVED AUG 3 0 2002 MAY, "; nrTrCE CITY Cu:' ",.....,;lUmAN Dear Mayor Corrie, I wanted to touch bases with you on Elixir Subdivision, particularly the issue of the existing private road. The applicant, Mr. Paul Clayton, has on many occasions met with ACHD staff, including Legal staff, and the Director, to discuss the City's requirement to convert this private road to a public street. It is very difficult to convert an existing private street to a public street that is to be owned and maintained by ACHD. As was the case with this street, many private streets are not originally constructed to ACHD standards, and therefore the roadway has to be upgraded to meet the minimum structural and engineering requirements. The apparent deficiencies surrounding the Elixir roadway include storm water retention and drainage problems, the slope of the roadway, as well as possible concerns with the compaction and thickness of the pavement and sub-base of the road. ACHD is concerned that the financial obligation to upgrade the private road to public road standards is quite excessive for this scenario, and the public benefit does not outweigh the financial constraints. Pine Street is located north of this site and will be extended as development occurs in the area. As we have seen with Commercial Court on the east side of Eagle Road, maneuvering on and off of the state highway to Commercial Court is a real challenge and hazard. Property owners on Commercial Court have requested a north-south connection from Commercial Court to Pine Street to get to a safe and signalized intersection. If the private street in Elixir Subdivision is converted to a public street and extended to the west, with no north- south connection to Pine Street, the same safety concerns could arise. Based on the District's concern for safety on Eagle Road, and the costs associated with converting the roadway to public street standards, ACHD strongly recommends that the roadway remain private. ACHD and Meridian P&Z staff met to discuss this issue many months ago. but we would be happy to meet with the Council, Planning Commission, or Planning staff for further review of this roadway. Please do not hesitate to call me if you have any questions or concerns. Sincerely, t~~ Christy Richardson Planning Review Supervisor Right-of-Way & Development 387 -6178 cc: Paul Clayton ~ +' ~ ca CD <c c o -- tJ'J -- > -- -c .0- ~ en s.. -- >< -- w c.. .c In ....: co c.. -- I.. 0) :E D p.J r:/) ~ o o o C'? o o o - "'''' TX cmf ~TION REPORT :l<* AS OF OCT 09 '02 00f PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIWSEC PGS CMDIj STATUS 03 10/08 23:52 PUBLIC WORKS UF--S 013' 12" 0131 1305 OK 134 10/08 23:53 21388881193 EC--S 013'21" 001 1305 OK 05 10/138 23:54 8841159 EC-5 130'21" 001 005 OK 07 10/138 23:57 20888413744 EC-5 00'19" 1301 1305 OK 08 10/08 23:58 2088467366 EC--S 00' 2\3" 001 005 OK 09 10/00 23:59 208 898 5501 EC--S 00'2\3" 001 005 OK 10 10/08 23:59 lIBRARY EC--S 130'22" 0el 005 OK 11 10/09 00:00 92083776449 EC--S 00'19" 0al 005 OK 12 la/09 00: 131 208 388 6924 EC--5 013'21" 0131 005 OK 13 10/09 130: 0.2 2088886854 EC-5 013'20" 001 005 OK 14 10/139 130: 03 2083757154 EC-S 00'20" 001 005 OK 15 10/139 00:04 8950390 EC--5 00'2\3" 0el 0135 OK 16 10/09 0a:05 208 387 6393 EC--S 00' 2\3" 001 005 OK 17 10/09 00:05 ADA CTY DEUElMT G3--S 00'39" 001 005 OK 18 10/09 00:07 CHERRY LANE EC--S 00'21" 001 005 OK 19 10/09 00: 00 POST OFFICE EC-5 00'26" 001 005 OK 20 10/09 00:09 200 888 1983 G3-5 00'27" 001 005 OK 21 10/0900:10 ID PRESS TRIBUNE EC-S 00'19" 001 0135 OK 22 10/09 00:11 2088886700 EC-S 00'19" 001 13135 OK 23 10/0900:193810160 EC--S 130'27" 001 005 OK ------------------------------------------------------------------------------------------~- CITY OF MERIDIAN PRE-COUNC1L MEETING AGENDA Tuesday, October 8, 2002 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd X Bill Nary ...1S.....- Cherie McCandless :=&:: Keith Bird ---K- Mayor Robert Corrie 2. Adoption of the Agenda: 6&fr ~ 3. Executive Session per Idaho Code 67-2345 (1)(f): ^~ dee/Ii''''''':> Update on Property Exchange with Farmers & Merchants State Bank -MayorCorrie: bJtu?-':;"', vv-.- eL-/py.,:..JrcJ! Discussion on Senior Citizens Center Budgeted FUnds: cUS/ff?"-aA.G- ~d.l Discussion of Elixer Industries Public I Private Road Issue: /l.Rtu wj7J2L/ewf7~ -lL/2.w I*.tll C. AR~;h,J 4, 5. 6. Maidillf'l Oil)' CMln.::il AgHlIh. - o.:lDb~ ~ '2002 P:.,so 1 j;:fl i\J1 _...w'I"="'d II pubUcm~5h..Jl booomo propcny ofllte City .rM.,;...... AnyOft.t" do$Uing 2CCQ.mI'OQd..B;Q,cn ferr .diu.biliILt:!c .rda.tc:d: 10 40C11m:t11S ~dI.... hearincs pi.... <O<ltll<1111o Cil)' 0<<,', Offi.., >1 llat.4433 ..1....43 how< p,i...t. th, ""Wi,_e. MAYOR Robert D. Corrie PIiOl" <Post fOy P~to.liG JlotU:.t0 _1(I/lfM'lt-S! .... ~.~~: ~~~.. .... +....r~.' ., ~:~~ ~'~r~ ,- cMe~7di~i;~;\ IDAHO // 1~ / V -I g"CI ; . '9G3 LEGAL DEPARTMENT (208) 288-2499. Fax 288-2501 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 de Weerd William L M. Nary Cherie McCandless Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, October 8, 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: - Executive Session per Idaho Code 67-2345 (1)(f): - Update on Property Exchange with Farmers & Merchants State Bank - Discussion on Senior Citizens Center Budgeted Funds: - Discussion of Elixer Industries Public / Private Road Issue: The Executive Session is closed to the public, however the public is welcome to attend the remainder of the meeting. DATED this 3rd day of October, 2002. - - - - 33 EAST IDAHO · MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 . City Clerk Office Fax (208) 888-42] 8 . Human Resources Fax (208) 288-] 193 ( ( ?lfClSe <PoSt f;;r Pv-G (,{C t1. o-h'ce - LhCM( rs ! CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, October 8, 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. Executive Session per Idaho Code 67-2345 (1)(f): 4. Update on Property Exchange with Fanners & Merchants State Bank - Mayor Corrie: 5. Discussion on Senior Citizens Center Budgeted Funds: 6. Discussion of Elixer Industries Public I Private Road Issue: Meridian City Council Agenda - October 8, 2002 Page I of I All materials presented lit 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. ** TX CONFIRMATION REPORT ** AS OF OCT 63 '62 15:57 PAGE. 81 64 85 66 88 18 11 12 13 14 15 16 17 18 19 28 21 22 23 24 25 26 27 DATE TIME TO/FROM 16/83 15:33 3816168 18/83 15:34 PUBLIC WORKS 18/83 15:35 2888881193 18/83 15:37 8841159 18/63 15:48 2888848744 18/83 15:41 2888467366 18/83 15:42 288 898 5581 18/83 15:43 LIBRARY 18/83 15:44 92883776449 18/83 15:45 288 388 6924 18/83 15:46 2888886854 18/83 15:47 2883757154 18/83 15:48 8956398 18/83 15:49 Laurel 18/83 15:58 288 387 6393 18/83 15:51 ADA CTY DEVELMT 18/83 15:52 CHERIE MCCANDLES 18/83 15:53 CHERRY LANE 18/83 15:54 POST OFFICE 18/83 15:55 288 888 1983 18/83 15:56 288 467 9562 18/63 15:57 288 888 6788 MODE EC--S UF--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S G3--S EC--S EC--S CITY OF MERIDIAN MIN/SEC PGS 88'35" 881 88' 15" 881 68'25" 881 88'26" 881 88'25" 681 88'25" 681 88'25" 881 88'29" 881 88'25" 881 68'29" 881 88'25" 881 88'24" 881 88'24" 881 88'25" 881 88'24" 881 88'41" 881 88'38" 881 138'29" 881 88'35" 881 813'31" 881 88'29" 881 88'24" 881 CMDl:I 161 161 161 161 161 161 161 161 161 161 161 161 161 161 161 161 161 161 161 161 161 161 STRTUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK ----~--------------------------------------------------------------------------------------- Please ?ost fOr'" Puklic.. Jl ob k. - ThflA/l j:s.' .~.: -"=i ~ -('~- . oU;CITYOt> ~~ Ii! . ...- '" endiano- i~ \, IDAHO !f ;.. :f :$o~ MAYOR Robcn D. Corrie CITY COUNCIL MEMBERS Tammy deWccrd William L. M. Nary Cherie McCandless Keith Bird LEGAL DEPARTMENT (20H) 2!lR--2499 . f;).li. 288-25Ul PARKS &: RECREATION (208 888.3579 . Fax 898-5501 PUBLIC WORKS (20~) l:l98.5S00 . Fa1\: 887-1297 BUILDJNG DEPARTMENT (208) 887.2211 . F..x 887'[297 PLANNING AND ZONING (208) 884-5533 . F3.X 8S8.GB54 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 8, 2002 at 6:00 P.M. The Meridian City Council will be dis~1 Issinn ~nQnrl~ itclIrnco \uhi,...h .......... ^... th^ ...^.... .1..._ __L.._...I. .,_..1 ""'L. _,..._ c._ _., ( ** TX CONF[RM~i.~N REPORT ** ( AS OF OCT 03 '0;;!~o:02 PAGE. 01 CITY OF MERIDIAN 28 29 30 31 32 DATE TIME TO/FROM 10/03 15~58 3810160 10/03 15:59 PUBLIC WORKS 10/03 16:00 2088881193 10/03 16:01 8841159 10/03 16:02 2088840744 MIWSEC PGS 00'26" 001 00'10" 001 00'18" 001 00'20" 001 00' 18" 001 CMDt:! 162 162 162 162 162 STATUS OK OK OK OK OK MODE EC--S UF--S EC--S EC--S EC--S -----------~-------------------~--------~------------------~-------------------------------- ? ~e 'PoS-t fot' 'Pu.0/;(.. !lo-h'ce. - Th.CV1 f:~.r CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday~ October 8, 2002 at 6:00 p.m. City Council Chambers 1. RolI~call Attendance: _ Tammy de Weerd Cherie McCandless _ Mayor Robert Corrie _ aUf Nary Keith Bird 2. Adoption of the Agenda: 3. Executive Session per Idaho Code &7-2345 (1 )(f): 4. Update on Property Exchange with Fanners & Merchants State Bank - Mayor Corrie: 5. Discussion on Senior Citizens Center Budgeted Funds: 6. Discussion of Elixer Industries Public I Private Road Issue: Mcridian City Coull(;il Aaenda - Ottob... S. 2002 hge 1 or 1 All_criab pr0Clll4d ill public lIIoct.i:op ,h;!,lJ b<oolIlo prop<rty oru... City or M<rldi<lll. AlIYoo< desiring oceornmodalion for diSllbilitie:s relatecho documentS nnd/<lf helIrings ptwe eatllael the Cily C1<:rk'o Officc ill 88ll-4433 allclsl48 hOW'll prior to the public mooting. ** TX CONF\ rI ON REPORT "'''' AS OF OCT 133 ( PAGE. 131 '1212 If,,: CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDIl STATUS 131 1121/133 16'1212 21388~67366 EC--S 130' 19" eel 162 OK 1212 113/03 16'03 2138 898 55131 EC--S 1313' 18" 13131 162 OK 133 113/133 16:04 LIBRARY EC--S 1313'213" 661 162 OK 0~ 113/133 16: es 92083776449 EC--S 1313'18" 0131 162 OK 05 113/133 16:136 208888685~ EC--S 1313'18" 001 162 OK 1216 113/133 16:137 2B8375715~ EC--S 1313' 19" 001 162 OK 137 113/133 16:138 895133913 EC--S 130'19" 001 162 OK 138 113/133 16:139 Laurel EC--S 130'19" e01 162 OK 139 113/03 16'113 208 387 6393 EC--S 00'18" Bel 162 OK 113 113/13316:1121 ADA CTY DEVELMT G3--S 1313'39" 001 162 OK 11 113/133 16:12 CHERIE MCCANDLES EC--S 1313'23" 001 162 OK 12 113/133 16:13 CHERRY LANE EC--S 00'21" 001 162 OK 13 113/133 16:14 POST OFFICE EC--S 013'25" 001 162 OK 14 113/03 16'15 2138 888 1983 G3--S 13121'26" Bel 162 OK 15 10/03 16:16 ID PRESS TRIBUNE EC--S 1313'213" 13131 162 OK 16 1121/03 16:162138 8B8 67013 EC--S 1313'213" 13131 162 OK 18 113/133 16:213 208 388 6924 EC--S 1313'213" 001 162 OK 'F Lw..se 10S-l; for 'Puhli<- 7ltrh'C{ - Th.CWl J=f;! CITY OF MERIDIAN PRE.COUNCIL MEETING AGENDA Tuesday, October 8, 2002 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ sm Nary Cherie McCandless Keith Bird - _ Mayor Robert Corrie- 2. Adoption of the Agenda: 3. Executive Session per Idaho Code 67-2345 (1)(f): 4. Update on Property Exchange with Fanners & Merchants State Bank - Mayor Corrie: 5. Discussion on Senior Citizens Center Budgeted Funds: 6. Discussion of Elixer Industries Public I Private Road Issue: Meridian City COll~en Ag<n40 - O<lob... S. 2002 !'1igolon A11....,ori.1$ Fl<'><lllOd..pubJi. me<liltp sholl beeeme propcrtY1>f1ho C~y orMcridi", Ally... desiring oooommodaJ:ion Cor dis:.hilili., "laud lO <10",,,,,,1'1I' 'I/\<lIor beorinS' pLC&U<OtlUC'{tb. City Clctk'. 0fS.. al S!S-44]l al ",",,41 houni priorl.lbe public me",;n8- { ** TX CONFIRMATluN REPORT ** ( AS OF OCT 04 '02 13:09 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 03 10/04 13:09 Laurel MODE MIN/SEC PGS CMD~ STATUS EC--S 00'17" 001 198 OK f /uvv- f () Yb City of Meridian AGENDA HISTORICAL PRESERV A TTON C01vTh1ISSION October 8, 2002 Break Room City Hall 6:00 PM 1. Approve minutes of Sept 12,2002 meeting 2. Walking tour of Old Town Web Site for State Historical Preservation: www.idahohistorv.net Next Commission meeting???