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HomeMy WebLinkAbout2003-04-15 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, Apnl 15,2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd X' Bill Nary ~ Cherie McCandless Y Keith Bird .X Mayor Robert Corrie Adoption of the Agenda: tf&Jl f'l7?0t.. CiS a ~ cLJ 2. 3. Well Lot Acquisition from Sun dance Development in Silverstone Subdivision (Brad Watson): have devd&p~ d/?u'lJ.J /.rrK.e. ?<.-f- (15 minutes"') jteKr: ;aye-COUll ~ /?l--? 4-2Z-03 Discussion on PAR Forms (Pauline Skegg~ ., /nilt.& turrl.e:; ) (15 minutes"') jJY.e/a-u pdr'cC:; -!o~adc?z.g1'J -!1l..C.Ie. iJrtd'J Report on Creamery Building Update (Brad Hawkins-Clark): (15 minutes"') t:l?ree~.;-o Nip w/y;..... r~ L/~ J.d/n..![ue/'lt /lsJer.rmerit-r (Jal1icxJho/l/vj: (~lYtlhu:tes"1?) ufld~ 4. 5. ~. "'Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Meridian City Council Pre-Council Agenda - April 15, 2003 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. May 1 6, 2003 MERIDIAN CITY COUNCIL MEETING May 20, 2003 APPLICANT ITEM NO. REQUEST Approve minutes of April 15, 2003 Pre-Council Meeting 3-B AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS J+{)prV~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesda~ApriI15,2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie 2. Adoption of the Agenda: Approve as Amended 3. Well Lot Acquisition from Sundance Development in Silverstone Subdivision (Brad Watson): Have developer discuss issue at next Pre-Council Meeting 4-22-03 (15 minutes*) 4. Discussion on PAR Forms (Pauline Skeggs and Mike Worley): Prepare policy to address these issues (15 minutes*) 5. Report on Creamery Building Update (Brad Hawkins-Clark): Agreed to help with grant (15 minutes*) 6. LID Delinquent Assessments (Janice Smith): Update (5 minutes"') * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Meridian City Council Pre-Council Agenda - April 15, 2003 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 alleast 48 hours prior to the public meeting. Meridian City Pre-Council MeetinQ April 15, 2003 The Pre-Council Meeting of the Meridian City Council was called to order at 6:00 P.M. on Tuesday, April 15,2003, by Mayor Robert Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Bill Nary, and Cherie McCandless. Others Present: Brad Watson, Gary Smith, Janice Smith, Pauline Skeggs, Kenny Bowers, Mike Worley, Doug Strong, 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 would like to open the Pre-Council Meeting of Tuesday April 15, 2003 at 6:00 P.M. I would like to have roll call attendance please by the City Clerk. Item 2. Adoption of the Agenda: Corrie: Okay Council Item Number 2 is the adoption of the agenda. I would like to add at the request of the City Treasurer to add about five minutes. She wants to go over a LID Delinquency Assessment with you so if you would add that to the agenda at Number 6 I'm sure that she would appreciate that. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move we adopt the amended agenda with the addition of Item Number 6 a City Treasurer report on LID's. McCandless: Second. Corrie: Okay motion to adopt the agenda with the addition of the report for the City Treasurer. All those in favor say aye. Opposed no. All ayes motion carried. MOTION CARRIED: ALL AYES Item 3. Well Lot Acquisition from Sundance Development in Silverstone Subdivision (Brad Watson): Corrie: Number 3 is a well lot adjustment from Sundance Development Silverstone Subdivision by Brad Watson. Meridian City Pre-Council Meeting April 15, 2003 Page 2 of 17 Watson: Thank you Mr. Mayor and Council Members. I certainly don't think I need 15 minutes on this but you may recall last summer fall working through some Latecomers Agreements for water and sewer with the Sundance Company it's part of the Silverstone project. There was one item that we discussed briefly during those meetings but it was never resolved and it had to do with the well lot among which we constructed Well Number 23 out there. From the very beginnings of the project we had requested a well site and they platted it that way, we built our well, it's functioning and it's needed to provide fire flow for those big buildings out there. What it has come down to now is we have three options. I'll back up a little bit. The reason this is such a struggle for us is we've never had to acquire a well lot in any other manner than purely donation from the developer. This particular developer does not wish to donate that well lot. Here we are with a half developed subdivision and a functioning well. I'm just trying to get some direction on how to proceed with this. They have two options they're willing to accept I guess. One is a Latecomers Agreement on the, what they call the purchase price of the land which at five dollars a square foot and roughly 20,000 square foot lot it equates to about 105,000 dollars for this well lot. They're willing to accept an outright purchase for that land as one option. The second option is to develop a Latecomers Agreement on a well, which again is something we've never done on a well lot. If you wish, I will go ahead and develop that Latecomers Agreement for your approval. The third option, which is probably, not really an option at all is to ignore it and hope it goes away or pick up the well and move it in which case they wouldn't have fire flow at their facility. I guess my recommendation would be if we need to do something one of those three options would be to develop a Latecomers Agreement. Normally anytime there's a Latecomers Agreement, the developer comes to you and specifically requests that Public Works draft that. This has been going on a long time, I'm here, and I'll answer any question you might have on this. Corrie: Brad I don't think one of the options is an option of ignoring it. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Brad, as everybody knows Latecomers Agreements I don't like. You might get a purchase price of 105 but by the time, you get through with it you're up to 120,000 in costs with your labor and everything getting these Latecomers Agreements they never seem to hit on time. We get them lost in our paperwork and everything like that. Has anybody talked to the developer about walking out with 95,000 cash and paying it off? Watson: Mr. Bird, Mayor and Council Members no. They have posted to me as purchase at full price with an intimation that land prices are quickly going up in Meridian City Pre-Council Meeting April 15, 2003 Page 3 of 17 the area. They've actually sent us an invoice I think it was actually in March for 105,000 dollars and change. Bird: But the same token is cash sometimes speaks. I can guarantee you developers don't walk out and say how much do you want and that's the purchase price. They come back with some offers and stuff like that. I would be that. I'm not - we've never had a Latecomers Agreement on a well that I know of I think you just stated that. I think we're getting into water that we don't want to test. We'll be 10 years from now still wandering who we're collecting from and when we're collecting that 105,000 jumped to 120,000 in costs. I would consider going out, purchase it, and see if we can't get a discount from the developer by bringing cash up front. That would be my preference. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I guess I wouldn't disagree with Mr. Bird although my assumption is the developer knows that no matter what we're going to do we're going to pay for it all up front. We're not going to pay them to install it. That's why - I mean we don't have a - what's our bargain position otherwise. If he says we're 95,000 it's 105 and next week it might be 110. Bird: Don't build the well. It's development out there. Nary: I understand I understand. I'm just saying I think Brad needs a little more direction than that. I think we're - I mean that's certainly one option is to make that but I think if they say no thank you we think the city's going to pay cash anyway so it's 105 and it will be a little bit more next week. We have to be prepared to give Brad at least some guidance as to what do we want now. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: So the well is not built. Watson: Council Member de Weerd it's built and it's operating. In fact, there was a big rush you mayor may not recall for us to get that on line so that they could get that Michael's building. De Weerd: And the original well site was on the donated land just across the street north is that correct? Watson: No. !. Meridian City Pre-Council Meeting. April 15, 2003 Page 4 of 17 De Weerd: Was that where the original well was going to be? Watson: No there was never a well planned or any land contemplated on the north side of Overland Road. De Weerd: And we did not discuss prices with this developer before we constructed the well? Watson: Council Member de Weerd that's a good question. Evidently we did I mean I didn't personally but there were so many people involved in the conversations with the Sundance Corporation when they came to town. I'm lead to believe that we did. When I say we I'm saying the city did. De Weerd: But we don't have documentation on that though? Watson: No not that I can find. De Weerd: It seems that before we've done land swaps or purchase land we've asked for an appraisal. This - he's charging us developed land price? Watson: Council Member de Weerd whatever I would assume five bucks a square foot is developed land. De Weerd: Well what is the value of paying for developed land to put our well site on? Because didn't we develop that? I don't know if we're splitting hairs but you know whatever we do, we're going to be setting some kind of precedence on this. We don't want someone else coming back and saying hey well you paid developed land price for that well we want developed land price for this well site. I know what your conundrum is but I think you shouldn't be the one presenting that to us the developer should be in here standing in front of us answering these questions. Maybe I guess if the rest of Council agrees we need to ask the developer to come here and we can ask these questions of them and not of our staff who's in an awkward situation. Corrie: Because we get the same answers. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Yes I'm all for that. I think we're at - is in a very difficult position but I think it is a situation that if they want the city to purchase this property they're going to have to come here and talk to us about it. Not make Brad be their gopher boy. Meridian City Pre-Council Meeting April 15, 2003 Page 5 of 17 Watson: Mr. Mayor. Corrie: Brad. Watson: In all fairness I do have to take some of the blame on this because I have put it off for several months since we wrapped up the water and sewer agreements I think that was last October somewhere in there. Bird: That's okay. Watson: That's probably why I was more inclined to bring this to you rather than have them come in is to see if there was an easy answer that you saw so I could proceed that way. Corrie: Well then we could take the blame too and then have them come in anyway. De Weerd: Yes. Corrie: We don't care who takes the blame Jet's have them come in. Watson: Okay. Corrie: We can certainly talk to them and maybe shift some blame somewhere. Shall we have them next meeting? Watson: I will contact them tomorrow and see what their schedule is. Corrie: Then let me know right away - Watson: Okay. Corrie: -- and we'll get it on there. Watson: Thank you. Corrie: Thank you Brad. Item 4. Discussion on PAR Forms (Pauline Skeggs and Mike Worley): Corrie: Chief's here. The second one is the discussion of the PAR forms we have Pauline Skeggs and the Chief so both of you can take the spotlight here. Worley: Well Mr. Mayor and Members of the Council' think I started this thing so I'll start the discussion. If you recall in the budget session last year and even Meridian City Pre-Council Meeting April 15, 2003 Page 6 of 17 going back to the time that I was hired as the Police Chief we had several discussions about finding ways to objectively evaluate our need for staffing in the Police Department. In the budget presentations last year, we presented to you a Crime Analyst position, which we viewed as key to actually understanding what our workload was, and how we deployed people. How much time was spent on calls all the kinds of things that determine how busy we are and thus how many people we need to adequately police the City of Meridian and getting away from things such as officers per 1,000. The Council did agree with that position in the last budget and approved a position of Crime Analyst. I don't think we're here to debate the salary setting of it but sufficed to say that in two correct me if I'm wrong Pauline two advertisements of that position we were unable to find anybody who even met minimum qualifications. Pauline and I did have discussions about the salary and maybe revisiting that. In the meantime, however I had a discussion with a current Record's Clerk who is - and by the way the position of Crime Analyst which requires a statistical background is classified the same as a Record's Clerk or a File Clerk. I will acknowledge that that's exactly the way it's done in the Ada County Sheriff's Office although not the way it's done in the Boise Police Department. Those are the only other two agencies that have that type of position currently. We did have one of our very highly rated people come forward, express an interest in a job someone who is already very knowledgeable in at least one aspect of how we do business within the department somebody who would have - something that would have to be trained in another position or if we went outside. I took it upon myself in this position since we did have somebody who was interested in stepping forward, helping us to fill what I view is a very critical position to authorize a slight pay increase of three percent to recognize that individual. I did that knowing that I was above what had been budgeted for the position. The budget amount was 2,046 dollars and what I was offering her was 2,062 or 16 dollars more. Frankly I viewed that as dominius for what we were getting out of it but I understand that I - I didn't have an understanding at the time of what the definition in this city was of out of guidelines because it is still far below the midpoint of the range for this position. Given that it is above what was budgeted by the amount of 16 dollars a month I also viewed that the fact that that positions been vacant for six months so we should have sufficient salary savings to cover 16 dollars with my approach to it. That's what brings us here because my recommendation is still that we set the salary for that particular individual bringing some expertise to the job already. It is above the budget amount so I'll go with any questions or comments from there. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I guess the question I have and I don't have a question for you Chief. Pauline what I'm curious is when we set the budget amount and what I've heard Meridian City Pre-Council Meeting April 15. 2003 Page 7 of 17 the Chief say a couple of different times is that the amount of salary he's wanting to pay is below the midpoint of this job position. I guess one thing I wasn't clear of in this discussion is how do we set the salary position for this lower than what the Chief could offer to higher. If we would have hired a brand new person, would we be having this discussion? Is it still the same amount or is it because this is a current employee and it's a raise? Skeggs: No we may not have this discussion with a new individual because they can get hired anywhere from the minimum of the range up to what was budgeted. Last year when we did our budget enhancement asking for new a position accounting told Department Heads to use the midpoint of the salary range. That's the current salary range in effect at that time. Every year when we do the budget, we also ask for a COLA increase that goes into effect on October 1 st. During that process, we don't know whether or not that COLA gets approved. When it is approved that shifts the ranges so last year we're working off last year's budget ranges which didn't include the cost of living that we go October 1 st. That shifted the new ranges so that's where you're seeing the difference. I don't think in looking back at what was budgeted for this position last year we were told to put up to midpoint. In going back and reviewing it, I don't think Chief did that. He only put in you know 24552, which is 2, 046. That wasn't midpoint of last year so he put in less. He actually was the only Department Head that put in less. All the other Department Heads for new positions did put the midpoint of the salary range at that time. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: But I did hear you say that if this is a new hire and not a current employee we wouldn't even have to have this? Skeggs: With a new employee it depends on their experience. We hire individuals based on their experience so if they don't have a lot of experience most of the times they start at entry level. The dollar amount in the budget is about entry level it's below the midpoint. In this case, he only had up to what was in the budget. Nary: I guess I don't - one I don't have a problem with the 16 dollars a month I think that's fine. I guess what I would ask and if the rest of the Council agrees is we obviously don't - there's obviously a little lump of gap here in this particular case and maybe this is an isolated circumstance. I don't have a big problem in having an amount of a certain amount or percentage of what's authorized to pay to give some flexibility to the department. I want to know and I think the Mayor certainly needs to know and I think the Council would like to know within the certain amount of guideline how much we have to adjust for this. To me this f. Meridian City Pre-Council Meeting April 15, 2003 Page 8 of 17 situation probably shouldn't be here. We should have a process in place to deal with this so that we do not have to come here for 16 dollars and the only reason we're here is because it's a current employee not a new employee. If a new employee could have got hired at 16 dollars more without us having to review it then a current employee should get the same. Skeggs: Yes. We would only be here if they were trying to hire the new employee at more than what was in the budget. Nary: Right I understand. What I'm saying is I guess what I would be asking if the Council is in agreement is that you with the Department Heads work on a policy to bring back to us in whatever time is reasonable so that maybe these types of situations can get remedied without it taking an extra two or three or four weeks for something like this. I guess my thought is and we can discuss it when we actually have a policy to work from but I don't have a big heartburn in giving some flexibility as long as we get notified of it you know. As long - within a small amount, I mean not a large number but I mean if it's a small amount. Then you and the Department Heads can and the Mayor can talk about what that amount is or what that percentage is appropriate. The Department Head with your approval and the Mayor's approval can agree to do that and give us notice of it I think that's fine. Again, I think we're trying to not to make the system so cumbersome that some of this you know 10 dollars, 15 dollars or 20 dollars some of those things if it's - again if we could hire somebody in the new position a new person and this wouldn't be here then obviously there's a way to fix this problem to make it a little simpler. Skeggs: I know when we were discussion the Boise's audit it came up that any out of guideline increase needed to be approved by City Council. This was the first one that has come up since then so this is why it was brought up to City Council for approval. As the Department Heads, we can work with the Mayor on making a recommendation of what we think you know we can go over. I agree I don't think 16 dollars is a significant difference. I know Chief does have the money in his budget but we also have to look at what the impact to the base for next years budget this is going to impact. I had asked Reta in accounting today what that would be if she looked at the benefits, workers comp, you know retirement and she estimated gave me a rough estimate of about 48 percent we would have to add to base. Nary: One more thing though Mr. Mayor. Pauline I mean let's compare apples and apples the Boise audit and they're talking about out of guideline increases dealt with Department Heads Mayor's Office staff. Not general employee's, not a clerk position, not a support staff position it only was talking about out of guidelines in regards to the Mayor's staff and the Department Heads. It's not a real fair comparison to use that as a reason to be here for 16 dollars. That was a totally different circumstance. What I am suggesting is that you, the Department (. Meridian City Pre-Council Meeting April 15. 2003 Page 9 of 17 Heads, and the Mayor have a policy in place so that obviously like I said if we could have hired a brand new person we've already authorized the position. We've already authorized a salary for that type of position and where it's classified has already been done and all that we could have hired a brand new person into it we probably don't need to be here just because it happens to be a current employee. That doesn't make any sense. It's almost like a penalty for our current employee and it delays the hiring for two, three or four weeks for somebody who already works here. That doesn't make any sense. Skeggs: Our current policy states that out of guidelines would be approved by the Mayor with the Department Heads approval and HR signature. When we were discussing the Boise audit Councilwoman de Weerd had mentioned that the out of guidelines that we had discussed last year be brought before City Council. At that time, I said well I can change the policy but we never really discussed the process of the limit that needed to be addressed. I could go back to Department Heads, we could come up with something, and then we could go from there. This is the first situation since then so I was just trying to follow the directive given. Nary: I appreciate that. I think again I think it's just the tweaking of that a little bit. For my personal preference and I'm not speaking for any of the other Council Members my personal preference is I want to know. I don't know that we need to approve everyone that's 10 bucks. I think if we've got a problem with it to take that scenario if that's where we were at today and you were bringing to us that we've hired this new position the Chief's advising us I've adjusted her pay to this amount for this reason here it is. If we don't like it, we can deal with the Chief about that. That's okay we can deal with the Department Head about why we don't like it but I think a guideline is the way to go and I think this is more fodder for that to come up with something that's a little bit more flexibility but at least gives us some notice about what's going on. De Weerd: Mr. Mayor. Skeggs: Are the other Council Members in agreement that staff come up with what they want the process or I thought maybe that was something that Council needed to discuss and give us that but I'll do whatever's required or requested. Corrie: Okay I'll find out Mrs. de Weerd. De Weerd: You know it sounds like and maybe I'm unclear whether this is a new employee or an existing employee if they stay within budget it doesn't matter correct? Skeggs: It doesn't and also - ( "" Meridian City Pre-Council Meeting. April 15, 2003 Page 10 of 17 De Weerd: So it's only because it's going over that budget whether it's new or existing that we're having this conversation. Skeggs: Right and also on transfers that are in the same salary grade our past practice has been to transfer that individual into that position without an increase. If we gave them an increase then that would fall under out of the guideline of our Compensation Program as well. De Weerd: Well and most might be the technicalities that come up in this that certainly you're more knowledgeable and familiar with some of the situations that come up. If Council wants to give some suggestions on minimums I just have in my budget backgrounds when budgets change there's a reason for it that we need the heads up. That's not only for the current budget year it's for all budget years after that. We just need to know what the consequences are. There does become a point where that seems real minimal. Where that breaking point is I guess that's the point that we need to discuss and that we would look for a policy to come back to us so we can have that discussion. We do have to realize that you know this could be an isolated case or you know at some point it could be more than one and then that does add up and can snowball as well. I would just look to your experience Pauline and what you've seen come across your desk and how many incidence this has even happened with to use your experience in what those requests have been and find something that's reasonable and appropriate to bring back. Skeggs: I could do that. Nichols: Mr. Mayor. Corrie: Go ahead Bill and then I'll have something to say. Nichols: I just want to try to make sure I understand this. Pauline if the Chief had not been quite so conservative in his budget salary projection and had put in at the mid range then this position would clearly be within budget is that correct? Skeggs: That's correct. Nichols: So one of the ways that we avoid this problem is we make sure we hit that mid range on those requests. The second questions and I guess this is maybe on to Councilman Nary when you're talking about guidelines are you thinking about a dollar amount above what was budgeted or are you talking about a percentage or both. Maybe if 16 dollars over 2,000 dollars looks to me to be about it's not even one percent. Is that the kind of thing you're looking at you know an increase of one or two percent is that what you're looking at there? / '. Meridian City Pre-Council Meeting April 15, 2003 Page 11 of 17 Nary: Mr. Mayor yes I think a percentage makes sense. What that percentage should be I think as Council Member de Weerd said should be based upon Mrs. Skeggs and the experience we've had here with the city how these have been. I just think there has to be a reasonable number that of a smaller percentage that with the Department Head, HR, and the Mayor's input and approval is reasonable and give us notice. There is a certain percentage above that that I think from a cautious sake as Council Member de Weerd is saying there's a certain percentage above that and whatever that is five percent 10 percent I don't know again I don't know what the experience has been. That I think my preference from the Council is that we have approval. If we're going to vary to that degree because it's a significant more significant experience and so that's what I guess I was looking for is some input from the Mayor, Department Heads and Mrs. Skeggs as to what our experience has been. What's a good number that seems to fit the practical aspects so that we again like I said in this circumstances here we hold up a hiring of person into a position for three or four weeks - Bird: For 16 dollars. Nary: -- for 16 bucks. That just seems a little silly but obviously, we need a little bit more room to address that a little bit better going forward. Again, it may be an isolated incident but maybe this - a good way to have that exercise to say what works and what makes the most sense and kind of balances both of the needs. Worley: Mr. Mayor and Members of the Council Pauline and I were just discussing this a little bit. To put it I guess in perspective of what Mr. Nichols mentioned we don't have the figures right in front of us and I can't tell you why we put in less than midpoint. I don't recall that being conscience discussion. Midpoint is somewhere in the neighborhood of 200 to 250 dollars a month more than what we're requesting. Corrie: Let me say here that anytime anything is requested by HR, Finance, and my office there is a definite question that's asked. Where are we, how much is at midpoint? I can't recall anything that's been over a very small percentage at any time. My question is much as similar as Bill's was and it's going to be is what is that limit before City Council really gets involved to say yes we need to approve this or that. I think Bill is absolutely right we need a percentage whatever that is and gives us the guidelines the policy to follow and then we follow that. I have no objections to this what's going but I do agree that 15 or 16 dollars is still under budget it's in the guidelines that we don't need it to be discussed (inaudible). Bird: Mr. Mayor. Corrie: Mr. Bird. Meridian City Pre-Council Meeting April 15, 2003 Page 12 of 17 Bird: I agree with everything that's been said except the percentages. I don't mind having a percentage but you've got to have a maximum amount on that percentage. Five percent of 100,000 is a heck of a lot different than five percent of 2,000. You've got to have a top figure there regardless of the percentage but I think that's something that the departments and yourself can come back to us with and we can work it out. I'm like Mr. Nary I don't know why we're sitting here arguing over 16 dollars a month because it's in the Chief's budget and everything. I know we're out of guidelines and I understand that and I appreciate that but that's something I think could be done at staff level with the Department Heads, Pauline and yourself Mayor. If it's something that is a larger amount then we should be involved with it. Corrie: There's no question about it the Council holds the purse strings. Let's face and you've got to be informed of what it is. I think with Pauline and the rest of the Department Heads we can work up a situation and what you think of it and if you approve it that's fine. If you don't well, we can adjust it accordingly so okay. Worley: Mr. Nary anything else? Nary: No. Thank you. So the Chief knows everyone is okay with going ahead and hiring. Bird: Yes. Nary: Okay thank you. Worley: Thank you. Item 5. Report on Creamery Building Update (Brad Hawkins-Clark): Corrie: The next one is report on the Creamery Building update. Is Brad Hawkins-Clark here? Oh, thank you Brad glad to see you. We also have Giussepe is also here with us to fill in so we'll let you go first Brad and then we'll have Giussepe fill in any holes that we might have. Hawkins-Clark: Great thank you. Mr. Mayor Members of the Council good evening. This item is on the Pre-Council Agenda mainly to get City Council's feedback on a potential grant that the city would apply for. I was contacted by Giussepe Veneziano several months ago. We've had numerous discussions about the creamery site. He has he's here to give you a little bit more background so I won't go into that but I thought just generally to kind of lay the framework. As you know this has been a site of much discussion as he has put in quite a bit of time researching various options of how this site could redevelop. One of those options has come around to the potential involvement of the city Meridian City Pre-Council Meeting April 15, 2003 Page 13 of 17 and the Meridian Historical Society or historical groups. The grant is the Brownfield's pot of money that is through EPA. EPA as you may recall they've had this pot of money I think since the early 90's but then January of last year President Bush signed into legislation a bill that basically increase this pot of money significantly as well as decreased the amount of bureaucracy that's involved in accessing the funds. The main catch is that in order to apply for - there's three different types. In order to apply for the one that Mr. Veneziano is interested in an assessment project which is one of the subsets of the Brownfield's and it's just basically to assess the site does require either a non- profit, a public or quasi-public entity or a tribe et cetera to apply for the funding. That has kind of led us into numerous discussions about what would be involved after that. I didn't give you any information ahead of time tonight. There's I guess mainly to just get the initial discussion out on the table and at the Mayor's recommendation just to sort of present what the situation is. Mainly what I have come through and the discussions I've had with Mark Mazurick of the local EPA and Joe Nagel of DEQ who are both sort of the Idaho Brownfield's representatives is that there is a good opportunity for a public entity to help to cleanup a site such as this. It is only certainly one part of the puzzle so I guess that would be from our department standpoint from what I have looked into the amount of time it would take to do an initial application should we get that direction from the Council. It probably involve you know 10 to 15 hours of staff time just to get that first round through. It's a pretty minor application and you do have to go through another round of course but the City of Caldwell has passed the first round of these so we do have some local agencies in the Treasure Valley that have some experience with it. I think in terms of the city side that's that and I'll let the folks that are here to talk about the private angle and what they're looking at doing with the site talk. Corrie: Just for the record Giussepe give us your name and then - Veneziano: My name is Giussepe Veneziano I'm a Meridian resident. Members of the Council Mayor good evening we have been working on the site probably for the last two solid years look at me I've got no hair left. I lost it all in the process. After tons of research that has been done, what we have accomplished is far more than anybody could ever dream. The site is suitable and it will qualify for the Brownfield clean up which is a major part of this project is the clean up. Come to find out I found across it by accident because we had to do some studies and stuff like that. What we'll involve will involve the city and the Historical Society, which I (inaudible) try to involve them by giving them a position in the creamery one better site for them. The Meridian Historical Society and said you know what they have a room about eight feet wide and about 15 feet long and I said my goodness how do you guys cram you guys in here. I've offered them 1,000 square foot of space inside the creamery, which will provide an excellent accommodation not to mention the historical site that has been practically the oldest one in Idaho. I mean not in Idaho Meridian I will say built in Meridian City Pre-Council Meeting April 15, 2003 Page 14 of 17 what 1928. A ton of stuff that needs to be done but the majority is the cleanup. The cleanup is a big burden and we will ask for you guys' help to apply. We will donate the second floor, which is about 7,000 square feet of dedicated as a public area fully finished and beautiful view. You can see practically from Bogus Basin all the way to down field. Any questions? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I believe that you'll be doing this community a whole lot more than just the space by taking care of that building and turning it into something. I think that whatever this city can do to help assist you in that I would be more than supportive of it. If we can help you to pass through for a grant -- Veneziano: That would be very, very, very helpful. De Weerd: I certainly would wholeheartedly support that. Veneziano: Beyond that we already have some funding that are coming over from overseas and we have some funding that have been applied in this area. Apparently the majority is going to have to be the clean up. Since we came across this is like a gift from god and I say you know what why not take advantage of it. I hope this evening has conceived what I'm trying to do I mean this is beyond any in my recollection I mean I've never been in anything this size. Maybe I have a little (inaudible) with my little coffee shop but - De Weerd: Well I know you shared some of the information to the Meridian Development Corporation and this would be huge for redevelopment. Veneziano: It's a huge step (inaudible) to totally develop in the core of Meridian. I mean we're looking at everybody's trying to go outside of Meridian where do we want people to go. Corrie: Well Giussepe when we discussed in the office I think that the Council all of us are going to be behind you - Veneziano: That's very, very appreciated. Corrie: -- is one of the advantages that we have as the US Conference of Mayor's this is one of the flagships that they have worked with over the years. We've been pretty successful getting these Brownfield's through them. Our chances are 99,9 percent (inaudible). Of course, when you're working with the government you never look at one tenth percent. Still we - I've talked to Brad, we can get that put together and that will do an immense amount of cleanup for Meridian City Pre-Council Meeting April 15,2003 Page 15 of 17 you with that amount of money. There's a lot of asbestos and stuff you know th at. Veneziano: Oh yes. (Inaudible) from one end to the other. I don't know if you - J hope that you if you've even gone in the site where they have that paintball place and it's like a little pig sty where you can just let some pigs loose and maybe shoot them down or something. Corrie: Yes I think we all want to get that place over there cleaned up and get something nice that you have here. Veneziano: Well this is the place to start, we can also go forward from there, and we're going to make that site over there something to look at and not an eyesore. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Giussepe are you owner of record of the property now? Veneziano: Not on the record not yet but I have - Bird: Is Mr. Amyx still and is he agreeable to this? Veneziano: Mr. Amyx knows very little about it and all he wants is his money. I'm slowly giving him some. Bird: This grant isn't purchasing the property though. Veneziano: No see the grant will be given only after you buy the property. (Inaudible discussion amongst Council Members) Bird: (Inaudible) stuff like that but before you apply for the grant the owner has to Veneziano: We will have the title before the grant will be given. See they can approve it but they will not disburse the money unless you own the property. At this point, I have my leads straightened out that we're going to have the title on the property before the money gets disbursed. That's a major, major issue. Corrie: That's one of the (inaudible). Any other questions Giussepe anything else? Veneziano: Not at the moment. Meridian City Pre-Council Meeting Apr1l15, 2003 Page 16 of 17 Corrie: Brad anything else. Corrie: Okay then we'll get working on that one too. Item 6. LID Delinquent Assessments (Janice Smith): Corrie: Okay the next one is Janice the LID. J. Smith: Thank you Mayor and Council for putting me on the agenda. I will only take five minutes. What this is is just a heads up on what we have been doing with the delinquent LID Assessments. We met with our City Attorney yesterday and went over what we have done in the past. On Page 2 and 3 is a copy of the two accounts and what we have done, any payment we've received and a summary of sum correspondence. What I have prepared today is the delinquency certificate, which I issued for the two LID outstanding accounts. These two outstanding accounts right now total $6,769.16. A copy of these two delinquency certificates is on Page 4 and 5. I've also made a copy of these delinquency certificates and will be sending those to the owners of the property. Every year they do get the notice of the LID that was due. Last year was the end of the 10 years and we can now actually in July or June 30th of last year we could have went ahead with this process but we had other fires to put out so it got passed along. Yesterday we decided to take some action on this and go through the steps that the State Statutes require. This is just a heads up in the very back of the paperwork that you have is the correspondence with a said property owners. There is one property owner that has not made any payment. I'm sure she will be calling my office after she receives this notice. I was just giving you the heads up, information and if you have any questions on this. Corrie: Any questions. Bird: I have none just thank you Janice. De Weerd: Appreciate the heads up. J. Smith: Okay thank you. Corrie: Real self-explanatory. Okay that takes care of the Pre-Council Agenda. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move we close the Pre-Council. Meridian City Pre-Council Meeting April 15, 2003 Page 17 of 17 Bird: Second. Corrie: Okay motion been made and seconded to close the Pre-Council Meeting any further discussion? Hearing none all those in favor say aye. Opposed no. All ayes motion carried and back at 7:00. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 6:50 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~~ . , 5 / 20 / 03 DATE -rQrn~ cituJtt.rcl ~% LoIJ.v\K\. 'Y(t~clw.;t. ~ ATTESTED: 8haJlYl b ~ i 1 WILLIAM G. BERG, JR., CIT~CL ~K f?- - ~ p ~ 1.. . ?:~I J.o. .....CZl ~ ~ <?, -.::,'/ 15\ ' ~O $ "-:,. -y f'\-. ~ ~' "'I,,;;OUPJT'f , \Q\\\,......' 1!1,~.i.~ .'1>>1\\\\\ .\'1.,5 April 15,2003 RECEIVED APR 1 5 2003 CITY OF MERIDIAN City of Meridian Local Improvement Districts Ord #579 LID # 90-1 Collection of Delinquent LID Assessments Set out in State statues 50-1738 thru 50-1750 (1) Mark as delinquent on assessment roll (2) Add penalty of2% on assessment roll (3) Prepare Delinquency Certificate to municipality which shall have the effect of a sale of property to the municipality (4) Make duplicate bound in Delinquency Certificate Register in numeric order, filed and retained in Treasurer's Office f'}' i/. ~$ Until 2 years from its date any certificate unless redeemed may be purchased (5) Within 2 years from certificate date, owner may redeem property by paying amount plus interest @ 10% (6) At least one month and not more than three months before the expiration of the time of redemption of any property, serve or cause to be served, a written or printed notice on the person or persons in the actual possession or occupancy of such land or lots, within the same time, mail to the person in whose name the same stands upon the assessment records in county assessor's office, copy of notice, following State Statues 50-1745 thru 50-1750. *Note: City of Meridian sent copy of Delinquency Certificate to owners of property. 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Q) .0 "D S o 3: Ql 3: Ol c :;:: 'c 3: c E :.c "D Q) E '- .2 c o 000......"'''' o 000000 U1 (amma5;:LO T""" 'r"'"""t""""NO'r""~ ;:0 Ln<<scaLn~~ o 000000 {f) ~ 0:: <:( :2 w 0:: '< Local Improvement District Delinquency Certificate No: 2003-1 LID No.: 921049 Name of LID: 90-1 East First Street Improvement Proiect Property Description: 1031 East 1 st Street 11031 North Main Street Meridian, ID 83642 Par# R6129010425 U6 Blk 6 F.A. Nourse 2nd Addition Owner of RecordlPerson assessed: (if unknown, must so state) Tami Shoemaker Amount of assessment: $4,120.40 Penalty (2 % of installment amount): fee waived Date installment was due: 06/01/1993 ~ Installment is delinquent (checkmark if delinquent) Date the property will go to tax deed (Two years from date of certificate): 04/15/2005 Total Delinquency, including penalty: $4,120.40 Interest will accrue hereafter at the rate often percent (10%) per annum. Dated this ~ day of April , 2003 . City of Meridian I hereby certify that on the 15th day of April ,2003 I mailed a copy ofthis certificate, by regular first class mail, postage paid, to the Owner of Record, if known, at the following address: 1031 North Main Street Meridian, ID 83642 City of Meridian l./ ( Local Improvement District Delinquency Certificate No: 2003-2 LID No.: 921082 Name of LID: 90-1 East First Street Improvement Proiect Property Description: 1535 East 15t Street /1535 North Main Street Meridian, ID 83642 Par# R6129020670 LA Blk 5 Amend F.A. Nourse 3rd Addition Owner of RecordlPerson assessed: (if unknown, must so state) Larry Beddes Amount of assessment: $2596,82 Penalty (2% of installment amount): $ 51.94 Date installment was due: 06/01/1994 / Installment is delinquent (checkmark if delinquent) Date the property will go to tax deed (Two years from date of certificate): 04/1512005 Total Delinquency, including penalty: $2,648.76 Interest will accrue hereafter at the rate often percent (10%) per annum. Dated this 15th day of April, 2003 . City of Meridian I hereby certify that on the 15th day of April , 2003 , I mailed a copy ofthis celiificate, by regular first class mail, postage paid, to the Owner of Record, ifknown, at the following address: 1876 Tuesday Lane Boise, ID 83705 City of Meridian c. Reta Cunningham From: Reta Cunningham Sent: Monday, October 07, 2002 11 AO AM To: 'Gary Smith' ee: Stacy Kilchenmann (E-mail): Will Berg (E- Subject: RE: Tami Shoemaker Main SL LID Thanks Gary, this information helps alot, r talked to Stacy and we'll have the attorney draft a letter requesting payment, -----Original Message----- From: Gary Smith [mailto:smithg@ci.meridian,id.us] Sent: Monday, October 07,2002 11:23 AM To: Reta Cunningham (E-mail) Subject: Tami Shoemaker Main St. LID Reta: City staff engineer Len Grady, has spoken with Mark Guho, Guho Construction, who did the short wall replacement along the edge of the Main Street (fka E.lst St.) sidewalk fronting Shoemaker's property. Guho did obtain an ACHD permit to do this work. Len has called the ACHD area inspector, Ed Merrill, concerning the completion of this work and Ed states that he had signed off on the work that it was complete and accepted. Len will obtain a copy of this inspection report by Ed Merrill. In that regard, the work is complete and the LID amount is due and payable. If the property owner has issues with remitting payment I would suggest contact be made with our City attorney for processing a claim for payment. Thanks, Gary Gary 0, Smith, PE Public Works Director Meridian Public Works Department 660 E, Watertower Ln., $le.200 Meridian, Idaho 83642 Phone 208"898-5500; Fax 208-887-1297 e-mail: smithg@meridiancily,org 10/7/2002 i. 1. -'~-k ~1-f-.~1'~~~ .A~ Ada County Higllway District '--- FAX COVER SHEET Engineering Departmen{ Construction SeNices Division Telephone No. 387-6280 Fax No. 387-6391 Email: lzurek@achd.ada.id.us DELIVER FAX TO: Lynn Grady FAX NO.: 887-1297 FAX IS FROM: Larry Zurek Permit lnspection Coordinator DATE: October 9, 2001 Total No. Pages: 2 This is a copy of the pennit signed off by Ed Merrill. The retaining wall was built behind the sidewalk and was dowelled into it. rl met all the requirements for ACE-ID and was signed off.. Please contact me at 387. 6308 if you have any questions_ OCT 09 '02 10:02 .. 208 3876289 PAGE.Ol ) / . :) 0) ~DA COUNTY HIGHWAY Dl~)TRICT Construclion Services Division 31E\East37thStrecl-8oisc ID 83714- Phone 208/3B7-6280 - FAX 208/387-6289 omail; bcamp@achd.ada.ld.us RIGHT OF WAY PERMIT Permit Number: 02-0871 GeographlWlI Umlts: M Ins pector: EO MERRILL (20B) 724-2508 This Permit Is granted to: 401 Emergency PhOne: (20B) 03.9-6850 GUHO CORP MARK I NICK Address: 391 W STATE ST SIT G €.mer,Qcn<:y Contact: EAGLE ID 83616- DONALD 841-2022 All work to comply with rhc curreflt version of the S utlcontractor : Idaho Standards for Public Works Construction Subcontractor Phone: (ISPWq and standard supplcmentals, Permll1ee shall notify applicable Dig Line and utility companies two workIng days prior 10 slart of work, The Permit is I~ued pursuanr to and governed by the Ada Cwnly Highway District Policy Manual, Section 6007. reference to which Is made for fult particulars. Copies of SecUon 5007 arc availablo at ACHO ConslruclionSorvicesoffice, OATE c.. _ ~. M ~N S Permits will not be issued to any contractor whO Is no! ~.~ bonded. !~sure,fand a currenl subscriber to the fSPWC, -:> r p,"", ";",,, '"' ';mll,d '0 "''"ty-two 172) h,"~ ,'ee ~ :;: l;f'~ n.~~ Ji",== issuance, If work is no! completed wlthln the slaled _p~J ~~_ Gomple!ion dalo applicant mUs/reapply fora'new permit ~ . 0 D. . and pay an addi60nal fee. . . ~ ~''';~ .. orE)". .\~ We. hereby agree to replace said premlses salisfactory 10 -~fl\" the Highway District Engineer, or represen\alive, at our , own expense, 10 hold said District harmless from any' and all damages/expenses caused by or in any way connecred ~th the use 0/ saId property and 10 comply with above requirements or attaChments ~o this permil. , F Urilily s;treet cuts In roads paved within the last five years will not be allowed unless specifically approved. Issuance of th.s permIt docs not constllute approval. Responsibility for detenninlng the slatus of the roadway rests with the permittee, Contact Construl;tlon Services ZIt 387-6260 for dt!tails. ) All work will require de lour plans approved by ACHO Traffic Engineer 4B.hours prior to the start of worle and all warning signs, in accordance wilh the current manual of Uniform Traffic Control OcviCl!s {MUTeD} and ATSSA QuaJily Standard Guidelines. shall bD in place and malntained at all times during constructioo, Public information signs are required if worl( to be pcrlorrnOd excccds1hree (3) calendar days duration. .. .,.....c'~ P...""" s;;"''"'~. Date: _.cL3-LZ.a 0.-?- . 'Permif nor Valid Unless Signed OCr:'-0~t 'B2_10:.02~- LO~A nON OF WORK: Street /l.dd~ss: Nl!~rest Cross Street: 1ST W CARLTON P~joctlSubdjvision; 1ST ST Wot1< to be Dont!: 42.S' eURB Contractor ProloctR: Payment Type: CHECK lotal Fm? Amounl: $119.13 Dale: 3120102 Work to bt!(lin: Complete at: Special Provisions: 42.5' OF BO RETAINING WALL 3/2 TlO 2 3129102 INSPECTION RECORD " Dale -?- ,O'U By: speder Permit Copy lnspeclor Name (Prin 1 Yr Warranty fnspection: _ ,w'.-..,... 208387628'3 PAGE. 02 Kathleen Putman From: Gary Smith [smilhg@cLmeridian.id.us] Sent: Wednesday. June 19, 2002 12:21 PM To: Kathleen Putman Cc: Len; Mayor Robert Corrie (E-mail) Subject: Shoemaker. LID Payment Kathleen: I talked to Len Grady this morning and confirmed that Tami Shoemaker had not called him, as she had related to you, concerning the wall that was recently replaced by us along a portion of the Main Street frontage of her business. As I mentioned in a previous e-mail to you, she has not called me with any concerns on this wall replacement either, as she had related to you. We have paid the contractor for his work, an amount slightly more than $2000 and I don't have anything else to talk to her about on this matter. I don't know what ACHD's issues are since a permit was not required by them to replace the wall, which was acceptable to them when the street was rebuilt a number of years ago. The replacement of this wall has addressed the property owners issue of instability and their concerns of the openings in the top of the original block wall. If she needs to talk to her attorney that is her perogative. In that regard I would suggest that her attorney talk to our city attorney. The LID bill is due and she needs to pay it. Gary 7/1/2002 Kathleen Putman From: Sent: To; Subject: Gary Smith [smithg@ci.meridian.id.us] Wednesday, June 19, 2002 11:44 AM KaHlleen Putman RE: Tami Shoemaker LID Kathleen: Sorry to say, r don't think r responded to this e-mail. r found it this morning while clearing some e-mails from my machine. I forwarded your e-mail to Len Grady for his comments and I will get back to you after I talk to him. Tami Shoemaker has not called me as she stated she had. I have no knowledge of her contact with ACHD. It was very difficult for Len and our contractor to make contact with the Shoemaker's to get the wall replaced. I will follow up with Len and try to get to the bottom of this, Gary -----Original Message----- From: Kathleen Putman [mailto:putmank@meridiancity.org] Sent: Friday, May 31, 2002 1:26 PM To: Gary Smith (E-mail) Cc: Stacy Kilchenmann Subject: Tami Shoemaker LID Gary, I received a call from Tami Shoemaker this morning. I had sent her a letter requesting payment of the LID now that the work has been completed on her property. She said that she had contacted the highway district concerning the area that was fixed to have them check to make sure that it meets all of their safety requirements. She said that they would not sign off on the area due to an unsafe condition where one area is slightly higher than the surrounding areas, She said that she had been in touch with you and Len Grady concerning this, but has not heard from either one of you. She would like to have a meeting with you, the highway district and her attorney to discuss the options on this. She did indicate that once the area is completed to the highway district's satisfaction that she would pay the LID, however, she would like the ten year option to pay that the other property owners received when the original LID was set up (Stacy?). Please contact her at 861-9389, Is this ever going to go away??? Kathleen May 24, 2002 Jamison & Tami Shoemaker 1031 E I Sl Sl. Meridian, ID 83642 RE: LID #90-1 Dear Mr. and Mrs. Shoemaker: Please find attached a Statement of Assessment Due on Local Improvement District #90-1 which pertains to your property located at 1031 E 1 sl SL in Meridian. Gary Smith and Len Grady, at the City of Meridian Public Works Depaliment, have infomled me that the work that was in question has been completed and this assessment is now due and payable in full by June 30, 2002. Please remit payment to: City of Meridian ALtn: Accounting 33 E Idaho Ave. Meridian, ID 83642 If yo~u have any questions, please contact me at 888-4433. Sincerely, Kathleen Putman Finance Dept. Ene. Kathleen Putman From: Sent: To; Subject: Rela Cunningham Wednesday, April 24, 2002 10:35 AM I<athleen Putman FW: Cottage Expressions work has been done! umOriginal t>lessagemn From: Reta Cunningham (mailto:cunningr@Ci.meridian,id,us] On Behalf Of Reta Cunningham Sent: Wednesday, April 03,2002 5:0l PM To: Janice Smith Subject: Cottage Expressions work has been done! Hi Janice, The work for Cottage Expressions has been completed per Len Grady and Gary Smith. We need to send her a letter indicating the work is done and we need her to pay. CW--l ~ ~-- \0 " emorandu Date; October 26.2000 To: Gary Smith - Public Works From; Kathleen - Accounts Payable RE; Tami Shoemaker LID Cc: Gary, On August 17, we spoke concerning this LID and my understanding was that the work had not yet been completed because a match could not yet be found for the bricks that needed to be fixed. Has this work been completed yet? If a match is not found will the area in question be totally redone or left as is? If a match is no! found and the area is left as is, there is the possibility that she will refuse to make any payment since the area was not completed to her satisfaction, If this happens do we place a lien on the property? Or she may request that she be given 10 years to pay as the other property owners on this LID were given, How do you want me to handle this? Her original assessment was $3720.00. We have not collected anything on this yet. 'I ,)/ 1..1 ...../." J . , t ,"1 t.-~ .: (i i' J t.[ (( i';' .0 ~j, r r. -I '\ J I . I ~ ... l 0-1') d,; (1 (:.../J (;1,') " v ! .,' .'!I.i" ,1;.'cl l~/fJ / t ~: I, (.) .i .~l' i"; ." /~+,~':._; ,:'1: Kathleen Putman From: Sent: To: Subject smilhg@ci.meridlan.id,us Monday, Maretl 27, 20008:27 AM pulrnank@ei,meridian,id,us RE: Tami Shoemaker (Collage Expression) Kathleen: I don't have any written correspondence from Tami Shoemaker concerninq her payment of the LID money. I do know Tami had a problem with the brick \.Jall along the sidevlalk, in front of her place, regarding grouting of the brick joints. I will contact her and take care of this item. As far as I know that was the only thing she was complaining about. Unfortunately, with everything else that is going on, this work item has been forgotten about. Thanks for the reminder. I ~'Iill keep you In[onned as to the progress of this item, Gary -----Original Message----- from: putmank@ci.meridian.id.us [mailto:putmank@ci,meridian,id,us] Sent: friday, March 24, 2000 10:30 AM To: Gary Smith Subject: Tami Shoemaker (Cottage Expression) Gary, I am trying to track down any correspondence that the City may have received [rom Tami Shoemaker concerning the LID assessment on her property. Could you check through your files and see if you have anything (especially in writing) from her? Janice has me working on trying to collect this. Thanks, Kathleen to\\-G~\:. ~ OJ L-\~3 ~ Cl\\\"~ ~6WJ \-a t\\\D SLnd ~~ LDYuLV'\ '--D~ -lJ) ~O\'\\-9\s!JdL OHJ{;~ /lUll or 7REASURE VALLEY k'..L'..!illdUdLMElffiS WALT 1:( MORROW, PreSION'1 RONALD R TOLSM.\ CHARLES M ROUNTREE GLENN R. OENTLEY WILLIAM G. OERG. JR.. C<ly Cler>< JANICE L SMiTH, CilY Troasurer GARY O. SMITH. r.E, CilY Eng,neer ORUCE D STU,\RT. Waw Works SuPI JOHN T. SHAWCROFT. Wasle Walor Supl DENNIS J SUMMERS. Palks Supl, SHARI L. STILES, P (. Z Adm,n'Slralor PArrY A WOLFKIEL, DMV Suporvisol KENNETH W. BOWERS. Fire Chief WL .0ILL" GORDON, Police Chief WAYNE G CROOKSTON, JR. Anomey . ^ Good Placc 10 Livc CITY 0 F MERID IA1~ JJ EAST IDAHO MER[[)IAN, IDAHO 83642 Phone (208) 888.4.133, FAX U08l 887.,1813 Public Worbllluild.ng Dcpanmenl (208J 887-22] I I-lOlor Veh.c1dDnvcrs License (208) 888.444) e..A.ZJ:QMMLSSlDL'/ ROBERT D. CORRIE Mayor JIM JOHNSON. Cllal/man MALCOLM MACCOY KEITH OORUP RON MANNING BYRON SMITH February 2, 1998 Mr. & Mrs. Jamison Shoemaker 1031 E. First Street Meridian, Idaho 83642 RE: UD 90-1 Property #49-Parcel Number H61290 10425, Lot 16-Bkx::k 6 P.A Nourse 2nd Addition Dear Mr. & Mrs. Shoemaker: I have been asked to correspond with you concerning this UD to see if there is any work associated with the UD that needs to be completed on your property. Please call me at 887-2211, at your convenience, so that yaW" portion of this project can be finalized and the assessments brought up to date. Sincerely, #J~ Gary D. Smith, PE City Engineer Cc: file, City TreasW"er HUB OF TREASURE VALLEY OF..ICIALS A Good Place to Live COUNCIL ~IE~'8Ens RONALD n TOLSMA "AX YERRINGTON RonERT 0 CORRIE W,'L T \'1 MORROW WllUA~1 G. nERG. JR.. C"y Clerk JANICE L GASS. Cily rreasu,er GAny 0 SMIHI. P.E CHy E"9,nee, [lnUGE O. STUART. Wate,WO,ks Supl JOHN T SHAWCROFT. Waste Waler Supl. !\ENNY W OOwERS, F"e Ghler W.l "BILL" GORDON. Polke Chl,r WA YNE G. CROOKSTON. JR.. AIIO""Y CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (08) 888-44)) . fAX (208) 887.481 J Public Works/Building Depar!mcnc (208) 887.2211 SHARI STILES Plilnnc! 6. ZorW1Q AdmlnlSH..HOt JIM JOHNSON ChJ.lrmJ.r'i P'JaromnQ t lOf'\Ing GRANT P. KINGSFORD Mayor June 30th, 1994 Jamison and Tami Shoemaker 103 I East I st Street Meridian, ID 83642 Regarding: LID 90- I PropeJ1y #49 - Parcel Number R6129010425 Lot 16 Block 6 F.A. Nourse 2nd Addition Mr, and Mrs Shoemaker, This letter peJ1ains to your propeJ1y at 103 I East First Street and Meridian Local Improvement District No. 90-1. Thank you for previously contacting the City and describing the needed actions at your propeJ1y. The City has taken actions to install your new property pins and repair the various concrete chips you have mentioned in your correspondence. There is one remaining item that the City will make sure gets completed and that is the grouting to secure the keystone wall. We will be contacting a qualified mason to perform this work at no cost to you_ Tlus work will be completed as soon as possible by the City's contractor. Please allow the contractor to walk and stand on your property if necessary during the gouting project. Sincerely, CITY OF MERIDIAN Enclosure: LID Billing Statement ***The calculations for these adjustments were prepared by Wayne S. Forrey, AIep. However, any correspondence concerning this assessment should be made with Julie Borup in our office at 888-4433. HUB OF TREASURE VALLEY OFFICIALS A Good Place 10 Live COUNCil MEMOERS nONo\lO R TOLSMA ~'AX VERlllNGrON ROOEne O. ConniE W.\l T W MOIlRO\\' WILLIAM G OtAG. JR. e;ly e'el' JAJ..I1Ce: L, GASS. City T:rcasl1r'c! nARY O. SMITH. PE. CHy EOQ;oeer BRUCE O. STUART. W.tor WOlks SUO I JOHN T. SHAWCROFT. 1'1.". W.,el SUOI KENNV W BOWERS. Fire Ch;.1 i'lL "BILL" GORDON. Police Ch;eJ WAYNE G. CROOK.STON. JR.. Attorney CITY OF MERIDIAN J3 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (2081888-4433' FAX (208) 887-481 J Public \Vorb/Building DcpJrcrtlC(l( (208)887-2211 Sf<M1i STILES PlJfHlC'f & ZorunQ A(im,"~S-lfdIOf JIM JOHNSON Crt..l:I:rffiar'l ' PIJ.l\nln.g ~ Zon,nQ GRANTP, KINGSFORD Ma}'o( Jamison and Tami Shoemaker 1031 East First Street Meridian, 10 83642 Regarding: LID 90-1 Property #49 - Parcel Number R612901 0425 Lot 16 Block 6 F.A. Nourse 2nd Addition Dear Jamison and Tami Shoemaker: This letter pertains to your property at 1031 East First Street and Meridian Local Improvement District No. 90-1. Thank you for previously contacting the City and describing the needed actions at your property. The City has taken actions to install your new property pins and repair the various concrete chips you have mentioned in your correspondence. There is one remaining item that the City will make sure gets completed and that is the grouting to secure the keystone wall. We will be contacting a qualified mason to perform this work at no cost to you. This work will be completed as soon as possible by the City's contractor. Please allow the contractor to walk and stand on your property if necessary during this grouting project. The City has extended your Local Improvement District ("LID") assessment b~y one additional year with final payment in year 2003. Your first LID payment is now due as shown on the attached statement, and there are no penalty charges or extra fees included in your rev~sed LID schedule. Thank you for participating in East First Street improvements. Sincerely, CITY OF MERIDIAN Julie Borup LID Coordinator Enclosure: Copy to: LID Billing Statement Ada County Assessor "nII1EE CE~ERATJOSS STl-\OI"C" .~INCE 1919" To City of Meridian AUr1: Lenard Grady 6GO E. WCltet1cwer, Suite 200 Meridian, Id3ho 83642 Ref'?rer1:e: Cottage Expressions 1031 E Fi'st Street Mer'ctIClf'. ldal-to 83542 Da:e: 4/8102 Invoice 2.001-01 C'':f'.?'~'. ,<\m'Jt.:!"_ :::. S" .}f', "<':i per""';', :';w:' 'Jy '3... '10 Corp, /':::. - -",:;' a:il'C' t' l'l? :'. c btai- permit and forward corre ;pondence. Total Due 0/< Jo )()1 $1,932,00 119,13 100V csz.151.13 f O-f~ <j / friO 7- 39' W, S:ate S~, · SU'I~ G · Eagle, lddho 33616 . (208) 939-8850 . Fax (208) 939-8928 Id2'lO license # 125[59-AAA-1-3 p~~ n~ .D~ 18::~ 2~8 9:.'? 8':122 =:::.-C' C"'i1 ..~- - - ... Rata Cunningham To: Subject: Bill, ( Bill Nichols (E-mail) need your help with Shoemaker We have a deliquent LID that we need you to request payment - Tami Shoemaker 1301 E Main Street. Meridian, Idaho LID 90-1 property#49 - parcel number R6129010425 Lot16Block6 FA Nourse 2nd Addition no date - we sent a letter that the City would install new property pins & rpr various concrete chips and extend one additional year with final payment due in the year 2003, 6/30/94 we sent a letter that the City would install new property pins & rpr various concrete chips 2/2198 Gary Smith sentleller to Shoemaker asking if there was any work that needed to be completed associated w/L1D 4/24/2002 Janice rec'd an email from Gary Smith and Len Grady that the work was completed 5/24/2002 accounting send a letter to Shoemaker requesting payment 6/19/2002 Tami Shoemaker called Kathleen @ City claiming she had contacted the highway district and they would not sign off on the work done due to unsafe condition where one area is slightly higher than the surrounding areas. She said she'd been in touch with Len Grady & Gary and had not heard back. She then said she would like a meeting with Gary, Len her and her attorney. She also requested that she get 10 years to pay the LID back from this year. 6/19/2002 Gary emailed Kathleen that he would like the LID bill due now and he didn't have anything else to talk to her about. 10/7/2002 Len Grady provided us a copy of the ACHD permit with inspector signature on 3/29/2002 - Gary and Stacy would like the attorney (you) to send letter requesting payment. dlil. NOW' j~ WWttJ ii4 i~r J.v jM (! 1/1/2002- ~~(J Qost ~{ ~DIo\;0 ~'\ti~ -/ltMks CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, Apn115, 2003 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 of February 19, 2003 City Council Special Meeting: B. Approve minutes of March 25, 2003 City Council Regular Meeting: C. Approve minutes of April 1, 2003 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: AZ 02- 033 Request for annexation and zoning of 104.77 acres from RUT to R-8 PO zones for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: E. Findings of Fact and Conclusions of Law for Approval: PP 02- 033 Request for Preliminary Plat approval of 334 building lots and 34 other lots on 104.77 acres in a proposed R-8 PO zone for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 02-049 Request for a Conditional Use Permit for a Planned Unit Development for 275 single-family dwellings, 52 townhomes, 4 office lots, 2 commercial lots, 1 mini-storage lot, 1 pocket park, 1 city neighborhood park and 32 common lots on 104.77 acres for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: Meridian City Council Agenda - April 15, 2003 Page 1 of 4 All materials presented at pUblic meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, G. Findings of Fact and Conclusions of Law for Denial: AZ 02- 032 Request for annexation and zoning of 5.0 acres from RUT to R-2 zones for proposed Northbridae Subdivision by Centennial Development, LLC - west of North Meridian Road on West Ustick Road: H. Findings of Fact and Conclusions of Law for Denial: PP 02- 035 Request for Preliminary Plat approval of 5 building lots and 4 other lots on 5.0 acres in a proposed R-2 zone for proposed Northbndae Subdivision by Centennial Development, LLC - west of North Meridian Road on West Ustick Road: I. Findings of Fact and Conclusions of Law for Denial: AZ 02- 034 Request for annexation and zoning of 5.0 acres from RUT to R-3 zones for proposed Bleak Subdivision by Kent and Nancy Bleak - 4920 West Cherry Lane: J. Findings of Fact and Conclusions of Law for Denial: PFP 02- 005 Request for Preliminary I Final Plat approval of 1 building lot and 1 other lot on 5 acres in a proposed R-3 zone for proposed Bleak Subdivision by Kent and Nancy Bleak - 4920 West Cherry Lane: K. Beer. Wine. and Liauor License Renewals: Texas Roadhouse - Beer and Liquor Epi's A Basque Restaurant - Beer and Wine Meridian Bowling Lanes - Beer and Liquor Pizza Hut - Beer Fred Meyer - Beer and Wine Bill n Lynn's Place - Beer and Liquor Lotus Garden Chinese Restaurant - Beer Bolo's - Beer and Wine Rite Aid - Beer and Wine Wingers - Beer and Wine Chicago Connection - Beer and Wine Cherry Lane Golf Course - Beer and Liquor White Water Saloon - Beer and Liquor Primo's All You Can Eat - Beer L. Approve Lease for Additional Office Space for Public Works I Building Department: M. Change Order No.1, Victory Road Water Main Design - Civil Survey Consultants: Meridian City Council Agenda - April 15. 2003 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the pubUc meeting. N. Award Bid I Contract for Landscaping at the South Entrance of the Waste Water Treatment Plant: O. Addendum to Agreement for Professional Services, J-U-B Engineers - South Slough Sewer Project: P. Resolution No. : Amending Resolution No. 142 Adopting Deferred Compensation Plan for the City of Meridian Employees: 4. Department Reports: A. Mayor's Office - Mayor Corrie: 1. Appointment of Meridian Development Corporation Board Member (to fulfill Jim Johnson Seat #1 until 8-04): 5. (Items Moved from Consent Agenda): 6. Ordinance No. AZ 02-029 Request for Annexation and Zoning of 39.92 acres from RUT to R-8 zones for proposed WatersonQ Estates by Howell-Murdoch Development Corporation - northwest corner of North Linder Road and West Ustick Road: 7. Tabled from April 1, 2003: FP 03-011 Request for Final Plat approval of 26 building lots and 8 other lots on 5.48 acres in an R-8 zone for Mosher's Farm Subdivision by CMD, Inc. - northwest corner of North Ten Mile Road and West Pine Avenue: 8. Tabled from March 4, 2003: AP 03-001 Request to Appeal Meridian Planning and Zoning Commission's Denial of Silverleaf Subdivision Preliminary Plat by Shawn Nickel and Crestline Development, LLC - 2683 West Chinden Boulevard: 9. Continued Public Hearing from March 4, 2003: AZ 02-030 Request for annexation and zoning of 38.65 acres from RUT to R-4 zones for proposed Silverleaf Subdivision by Crestline Development, LLC - 2683 West Chinden Boulevard: 10. Continued Public Hearing from March 4, 2003: PP 02-031 Request for Preliminary Plat approval of 72 building lots and 8 other lots on 38.65 acres in a proposed R-4 zone for proposed Silverleaf Subdivision by Crestline Development, LLC - 2683 West Chin den Boulevard: Meridian City Council Agenda - April 15, 2003 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 11. Continued Public Hearing from March 4, 2003: VAR 03-006 Request for a Variance to exceed 1,000 foot maximum block length and Variance to open space requirement for Silverleaf Subdivision by Crestline Development - 2683 West Chinden Boulevard: 12. Continued Public Hearing from April 1, 2003: AZ 03-001 Request for annexation and zoning of 10.006 acres from RUT to L-Q zones for Central Vallev Baptist Church by Central Valley Baptist Church - east of North Ten Mile Road and south of West Pine Avenue: 13. Continued Public Hearing from April 8, 2003: AZ. 03-004 Request for annexation and zoning of 1.37 acres from R-1 to L-Q zones for Montvue Medical Clinic by Pinnacle Engineers, Inc. - 360 East Montvue Drive: 14. Continued Public Hearing from April 8, 2003: Dust Abatement Ordinance: 15. TE 03-002 Request to allow a one year Time Extension for Conditional Use Permit for Baltic Place Subdivision by Pinnacle Engineers, Inc. - south of Franklin Road and Baltic Street: 16. FP 03-016 Request for Final Plat approval of 41 building lots and 10 other lots on 15.01 acres in an R-8 zone for Baldwin Park No.3 by Capitol Development - % mile south of McMillan Road, east of Linder Road: 17. Public Hearing: AZ. 02-031 Request for annexation and zoning of 39.05 acres from RUT to R-8 zones for proposed Castlebrook Subdivision No. ~ by Crestline Development, LLC - 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane: 18. Public Hearing: PP 02-032 Request for Preliminary Plat approval of 150 building lots and 9 other lots on 39.05 acres in a proposed R-8 zone for proposed Castlebrook Subdivision No.2 by Crestline Development, LLC - 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane: 19. Public Hearing: VAR 03-005 Request for a Variance to allow certain blocks to exceed 1000 foot maximum length and certain block lengths to be less than 500 foot minimum for Castlebrook Subdivision No.2 by Crestline Development, LLC - 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane: 20. Public Hearing: RZ 03-001 Request for a Rezone of 6.95 acres from L- a to L-Q and C-G zones for Mallane Commercial Complex by The Land Group, Inc. - north of East Fairview Avenue and west of North Eagle Road: Meridian City Council Agenda -April 15, 2003 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. MAYOR Robert D. Corrie ..~ 11(~;;1 "-t......"'""'~,~~,U ~.~.~ '~;Jl^;\J~ ~ ~ r CITY OF I~~rre~ VYL erldian'c.~~15 ~.,~\ I IDAHO // // I S~NCE . \ 1903 LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208l 888-3579 . Fax 898-550 I PUBLIC WORKS (208l 898-5500 . Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING & 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, April 15, 2003 at 6:00 P.M. The Meridian City Council will be discussing the following agenda items: ..... Well Lot Acquisition from Sun dance Development in Silverstone Subdivision - Discussion on PAR Forms Report on Creamery Building Update The public is welcome to attend the meeting. DATED this 11 th day of April, 2003. , ... - ':: 33 EAST IDAHO AVENUE, MERIDIAN, IDAHO 83642 . (208) 888-4433 City Clerk Office Fax (208) 888-42[8 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813 ~ L'/L ~ D;7f to ( f tJ bY J (\)D~'l0 ~av\hS CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, April 15,2003 at 6:00 p.m. City Council Chambers 1. RolI~call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Well lot Acquisition from Sundance Development in Silverstone Subdivision (Brad Watson): (15 minutes*) 4. Discussion on PAR Forms (Pauline SkegQs): (15 minutes*) 5. Report on Creamery Building Update (Brad Hawkins-Clark): (15 minutes*) '" Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Meridian City Council Pre-Council Agenda - April 15, 2003 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. ** TX CONFIRMAl LON REPORT ** ( AS OF APR 11 '031b:22 PAGE. 01 CITY OF MERIDIAN 2S 26 27 29 30 31 32 DATE TIME TO~FROM 04/11 16:12 3810160 04/11 16: 14 PUBLIC WORKS 04/11 16:14 12084664405 04~11 16:182088840744 04~11 16:19 2088467366 04/11 16:20 8985501 04/11 16:21 LIBRARY CMDt! 0410 1040 1040 0410 040 040 040 STATUS OK OK OK OK OK OK OK MODE EC--S UF--S EC--S EC--S EC--S EC--S EC--S MIN/SEC PGS B0'54" 002 00'24" 002 00'35" 002 00'34" 002 00'35" 002 00'34" 002 00'42" 002 ~ k~ ~ D:71- ~ ( ~lJb\~u t0Dtl~ :lh4vtKS CITY OF MERIDIAN PRE~OUNCIL MEETING AGENDA Tuesday, April 15. 2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance; _ Tammy de Weard _ Bill Nary Cherie McCandless Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Wen Lot Acquisition from Sundance Development in Silverstone Subdivision (Brad Watson): (15 minutes.) 4. Discussion on PAR Forms (Pauline Skeggs): (15 minutes*) 5. R.eport on Creamery Building Update (Brad Hawkins.clark): (15 minutes.) * Approximate allowable time set for agenda Item may change depending on discussion. Please use the designated time as a guideline only. Meridian city Council PI'II-CouneU AlJenda - AprY 15, 2003 P&lJ" 1 of 1 All rnal&rials presented at public meeting51\haU be(:ome property 01 fhe City of Meridian, Anyone deoiring occornrnodalion for disabililills mIsled to documents and/or hlllllings plaase conhlet the City Cleric'!) omce llt 00ll-4433 III hint 48 houf9 prior 10 the public rnecting, ! ** TX CONF I R. . J ON REPORT ** AS OF APR 15 '03 ,<3 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDIl STATUS 01 04/15 23:27 LIBRARY EC--S 00'26" 0el 067 OK 02 04/15 23:28 92083776449 EC--S 00'21" 0131 1367 OJ( 03 04/15 23:28 208 388 6924 EC--S 00'24" 001 067 OK 04 04/15 23:30 2088886854 EC--S 1210'21" 001 067 OJ( 05 1214/15 23:30 8950390 EC--S 00' 21" 001 067 OK 06 04/15 23: 31 208 387 6393 EC--5 013'21" 001 1357 OK 137 04/15 23'32 ADA CTY DEUELMT G3--S 1210'41" 001 12167 01< 08 04/15 23'33 CHERRY LANE EC--S 00'25" 001 067 OK 09 04/15 23:34 POST OFFICE EC--S 00'31" 001 067 OK 10 04/15 23:35 208 888 1983 G3--S 00'29" 0131 067 OK 11 04/15 23:36 ID PRESS TRIBUNE EC--S 00'21" eel 1067 OK 12 04/15 23:37 208 888 670121 EC--S 0121'21" 1001 1367 OK ---------------------------------------~-----------------------------------~---------------- CITY OF MERIDIAN PREwCOUNCIL MEETING AGENDA Tuesday, April 15,2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attenrce: Tammy de Weerd -+ Bill Nary Cherie McCandless _ Keith Bird ----X- Mayor Robert Corrie Adoption of the Agenda: ~J1pnlN.. ~s a~ ~ Well Lot Acquisition from Sundance Development in Silverstone Subdivision (Brad Watson}: Aav~ tievd<:7~ d/rudJ" /UKL. a.,(- (15 minutes~) /teICi, jdY>e- CO(UI c.i.U j?1..-Ip. sf-2Z--03 Discussion on PAR Forms (Pauline Skeggsf" flnl/<<..- tdJT/~ ) (15 minutes.) ,~l~ pd/c,:! ~4-.(:(.dd'1,UI -j-M.f-e /Jrt<..N Report on Creamery Building Update {Brad Hawkins-Clark): (15 minutes~) aj-~etZ r- Nip tJ/Yf- r~ L I ~ J.dr'rlllut!n-t /ts.re.rJ"me..",h {Jank..(- .r~;-)..J:..,).t (5" /m n. ,don .".) up d eth- 2. 3. 4. 5. ~. ~ Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Meridian CIly Council Pre-ctlunc;I"genda - April 15, 2003 Pa~e 1 of , All meterials prOSllnled at publIC meelll'\O!l ~all become property of !he City of Meridien. Anyone deslri'19 accommodation fordisebililiea rerllled 10 doeumenls anGIor MaI1ngc pleooe cont.." tile CiIy Cler1<s ornea at 88&-4433 at rell9t48 hoUf?J prior to file public meeting. i ** TX CONFIRMF-.;.t.JN REPORT ** AS OF APR 15 '03 .26 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 25 04/15 23:17 3810160 26 04/15 23:18 PUBLIC WORKS 27 04/1523:19 12084664405 29 04/15 23:23 8841159 30 04/15 23:24 2088840744 31 04/15 23:25 2088467366 32 04/15 23:26 8985501 MODE MIN/SEC PGS CMDi:* STATUS EC--S 00'30" 001 067 OK UF--S 013' 13" 0131 067 OK EC--S eO'23" 001 067 OK EC--S eO'23" 001 067 OK EC--S 013'21" 0131 1357 OK EC--S ee'22" eel 067 OK EC--S 00'22" 001 067 OK -----------------------------------~------------------------~-~-----------------------~----- CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, April 15.2003 at 6:00 p.m. City Council Chambers 1. Roll-call Atte"~}Ce: Tammy de Weerd ~~ Bill Nary Cherie McCandless ~ Keith Bird 1- Mayor Robert Corrie Adoption of the Agenda: tft-jJPnlfl'.(. ~s a~ cU Well Lot Acquisition from Sundance Development in Silverstone Subdivision (Brad Watson): Aav.e devd',p~ d/:ra<.s',J /U'<L a-(- (15 minutes*) jt€X-c jVYe-counc.i-V/?>--I;-. 4--22--03 Discussion on PAR Forms (Pauline Skaggs(" f /ntl~ tvrr/~ ) (15 minutes") ,Y-e;;Iartf. pd,'c'J *.;?J.-<:f:.dd"LU:f -/1Lef-e. "r.rrt<:R.[ Report on Creamery Building Update (Brad Hawkins-Clal1t): (15 minutes*) a?reeL(.,t-c N(p w/>>- r~ L I J Ad,'rulde;,'t ltS-fef.{"Hl8,d-r (Jal'ua .Fn.;r/v).! (5" h'I, h cdl'f "I? ) up d t:(/:e. 2. 3. 4. 5. ~. *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Meridian City Council ProH::ounciJ Agenda - APf~ t5, 2003 Page \ or 1 All materials pri'lsenled at publIC mMllng9 Shall become property of lhe City of Meridian. AnYOlle desiriny accommodation fOl' disabilities re[fJ:ted to documanl$ andlor healing!'. plesse conloct tha City CleJk's Orlk:o lI.l66a-4433 at Iesel 'ia hOURI prior to the public meeting_ ! APR 15 '133 23:f >l<>l< TX CONF' ,r [ON REPORT >l<>I< AS OF PAGE. 131 CITY OF MERlDtAN DATE TlME TO/FROM MODE M!WSEC PGS CMDl:! STATUS 137 134/15 22'37 PU8LIC WORKS UF--S 131'16" 13134 1366 OK 08 04/15 22:39 120846644135 EC--S 131'313" 1304 1366 OK 09 04/15 22:41 8841159 EC--S 131'29" 1304 1366 OK 10 134/15 22:43 20886413744 EC--S 131'28" 1304 1365 OK 11 1341'15 22:45 21:188467356 EC--S 01' 313" 1:11:14 1366 OK 12 04/15 22:47 89855131 EC--S 131' 28" 13134 066 OK 13 04/15 22:49 LIBRARY EC--S 131'58" 004 066 OK 14 04/15 22:51 92083776449 EC--S 131' 28" 1304 1366 OK 15 134/15 22:53 2138 388 6924 EC--S 131'58" 13134 1366 OK 16 04/15 22:56 21388886854 EC-S 131'28" 13134 1366 OK 17 04/15 22: 58 89503913 EC-S 01'27" 1304 1366 OK 18 13'V15 23:00 208 387 6393 EC--S 01' 28" 0134 1360 OK 19 134/15 23:132 ADA CTY DEVELMT G3--S 132'25" 1304 1366 OK 2a 04/15 23: 135 CHERRY LANE EC--S 131'59" 13134 1366 OK 21 04/15 23'07 POST OFFICE EC--S 02'33" 004 e66 OK 22 04/1523'113 2138 8BB 1983 G3-S 01'54" 131:14 1366 OK 23 134/1523:13 ID PRESS TRIBUNE EC--S 01'313" ('1134 1366 OK 24 ('14/1523:15 2138 888 671313 EC--S 01'29" 13('14 1366 OK 28 134/15 23:20 38113160 EC-S e2'34" e04 e66 OK --------------------~-------------------~-----------------------------------------------~-- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 15, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd -L Bill Nary ~ Cherie McCandless -X- Keilh Bird -X-- Mayor Rob8rt Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. F. Approve minutes of February 19, 2003 City Council Special Meeting: ~n;w'G- Approve minutes of March 25, 2003 City Council Regular Meeting: ~,/)'T'l''''''<... Approve minutes of April 1, 2003 City Council Regular Meeling: ~"'-<./ Findings of Fact and Conclusions of Law for Approval: AZ 02- 033 Request for annexation and zoning of 104.77 acres from RUT to R-8 PO zones for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Uslick Road: fw1rc.e- )c ~ 2 22--1 U?& 3 Findings of Fact and Conclusions of Law for Approval: PP 02- 033 Request for Preliminary Plat approval of 334 building lots and 34 other fats on 104.77 acres in a proposed R-8 PD zone for proposed Parkstone Subdivision by Hiltview Development, Corp. - west of North Eagle Road anJ north of East Ustick Road: #61.e. I->P /:IJrn 7 22-t 2-PtP'3 Findings of Fact and Conclusions of law for Approval: CUP 02-049 Request for a Conditional Use Permit for a Planned Unit Development for 275 single-family dwellings, 52 town homes, 4 office lots, 2 commercial rots, 1 mini-storage lot, 1 pocket park, 1 city neighborhood park and 32 common 101$ on 104.77 acres for proposed Parks tone Subdivision by Hillviaw Development, Corp. - west of North Eagle Road and north of East Ustick Road: ~ h> /lpr/2 22-( VO"j Meridian City C""ooIl Agonda -April 15, 2003 P~il<' 1 of 4 All "",Ioriol. ",_ad at pUllllo mGetinlluhllll become ",oparty ortho City of Melidien. Anyone do.-siringllcCommod.tlon for dl..blItles ",Iated fo cIoo:ument!: andlo. hearir>g<; pi"""" o1ll'll8t1 tho City Cleri<'s 011""", ot 8Il&-4433 "Uoost 48 hours pri~r to the publiC meeting. B. c. D. E. ** TX CONFIRMATION REPORT ** AS OF APR 15 '0312=12 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 04 04/15 12:10 1208 466 6787 MODE MIN/SEC PGS CMD~ STATUS EC--S 01' 33" 005 063 OK CITY OF MERIDIAN PRE-COUNCil MEETING AGENDA Tuesday, Aprtl15, 2003 at 6:00 p.m. City Council Chambers 1. Roll-calJ Attendance: Tammy de Weerd _ BilJ Nary Cherie McCandless Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda; 3. Well Lot Acquisition from Sundance Development in Silverstone Subdivision (Brad Watson): (15 minutes") 4. Discussion on PAR Forms (Pauline Skeg9s): (15 minutes'') 5. Report on Creamery BUilding Update (Brad Hawkins..clark): (15 minutes") · Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Meridian City CoullCil Pre-Council A,gend~ - Apri11S, 2003 Page 1 of 1 All materials prl!$Gnled at publlc meetingssllall bI!lcome propelty of the City of M~1d18n, Anyone desirlng alXOmmodalion for dlsabllltles reJulfld to documents llI1lVor hearings pl&Me cnnlllClll1l1 city Clerk's Otllee l;It BSa-4433 allellOt48 houlS prior to the public meeting. ** TX CONFIRMATION REPORT ** C AS OF APR 15 '133n:00 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 133 134/15 113:58 3765556 MODE MIN/SEC PGS CMD~ STATUS EC--S 131' 32" 13135 1361 OK -----------~-------------------------------------------------------------------------------- CITY OF MERIDIAN PRE-COUNCIL MEETlNG AGENDA Tuesday, April 15, 2003 at 6:00 p.m, City Council Chambers 1. RolI..call Attendance: _ Tammy de Weerd _ Bill Nary Cherie McCandless Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Well Lot Acquisition from Sundance Development in Silverstone Subdivision (Brad Watson): (15 minutes"') 4. Discussion on PAR Forms (paunne Skeggs): (15 minuteS-) 5. Report on Creamery Building Update (Brad Hawkins-Clark); (15 minutes"') · Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Malidlan city Coul'lCil Pm-Council Ag,lI<Ill- Apr111S, 2003 Page 1 tA 1 All mallll'fals pte$enled at public meetJnll6 ohall beC<lme property of the City of Merldlan, Anyone desiring aocol\1madli\1en for di31:1bililiNi ",llltod to documents llMdlor hllRrin(18 plal:l$ll contact !he City Clerk'll Office al8S8-4433 at least 48 hoUIS pJ1ar Ie 1M pUblic meoting. (: "'''' TX CONF I f<..~, i ION REPORT ** A5 OF APR 11 '03 it:. ,,2 PRGE, 01 CITY OF MERIDrAN DATE TIME TO/FROM MODE MIN/SEC PG5 CMDl:1 STATUS 131 04/11 16:22 92083776449 EC--S 013'34" 0132 13413 OK 02 134/11 16:23 208 388 6924 EC--S 00'410" 002 1040 OK 03 04/11 16: 25 2008866854 EC--S 00'33" 002 13413 OK 04 134/11 16:26 2084674538 EC--S 00'34" 002 13413 OK 0S 04/11 16:27 8950390 EC--S 00'33" 002 040 OK eG 04/11 16:28 Laurel EC--5 e0'34" e02 e40 OK 07 04/11 16:29 208 387 6393 EC--S 00'34" 002 040 OK 08 0<1/11 16: 30 FlDA CTY DEVELMT G3--5 01'09" 002 040 OK 09 04/11 16=32 CHERRY LANE EC--5 1313'41" e02 1340 OK 10 04/11 16:33 POST OFFICE EC--S 00'54" 002 040 OK 11 04/11 16:34 208 888 1983 G3--S e0'48" 13132 040 OK 12 04/11 16:36 ID PRESS TRIBUNE EC--S 00'35" 002 e40 OK 13 04/11 16:37 208 800 6700 EC--5 013' 34" e02 0413 OK 14 04/11 16:41 0041159 EC--S 00'35" 002 12140 OK ~b~ ~o;,1- for ?vb\;(/ f\)Dfilv:lh~V\ks CITY OF MERIDIAN PRE..cOUNCIL MEETING AGENDA Tuesdav.April15,2003 at 6:00 p.m. City Counoil Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ Bill Nary Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Well Lot Acquisition from Sundance Development in Silverstone Subdivision (Brad Watson): (15 minutes") 4. Discussion on PAR Forms (Pauline Skeggs): (15 minutes.) 5. Report on Creamery Building Update (Brad Hawkins-Clark): (15 minutes.) "Approximate altowable time set for agenda Item may change depending on discussion. Please use the designated time as a guideline only. Meridian Cly Cwncil P/&oCoul\Cll Age""" - A.pI' 15. 2003 ~ 1 011 All ma!IlIi8ls pr_tlted "* public ~inguh.1J bewme property 0' lh.. City of MeridIan. Anyone deoiMnll accommc<luti.n rill' dlubir&<J nllat"d la lIlXulIlllnllu.,dt'ol ~ ,Please contllC't lho Clly Cleli('o Office at ll884433 at !eM! 4Il h.ul'II prior to tho public meeting. ( . ** TX CONF\ , ION REPORT ** AS OF APR 11 '03 16: ?AGE,01 CITY OF MERIDIAN DFlTE TIME TO/FRDM MODE MIWSEC PGS CMDll STATUS 05 34/11 15:29 3810160 EC--S 132'25" 0e4 039 OK 06 04/11 15:32 PUBLIC WORKS UF--S 01' 08" 004 039 OK 137 04/11 15:33 12084664405 EC--S 01'22" 13134 1339 OK 00 0'1/11 15: 35 8841159 EC-S 01'22" 004 1339 OK 139 134/11 15:37 20888413744 EC--S Ell ' 21" 0134 1339 OK 10 El4/11 15'39 2088467366 EC--S 131 '44" 004 1339 OK 11 04/11 15:42 8985501 EC--S 01'213" Ella4 12139 OK 12 04/11 15:43 LIBRARY EC--s 01'48" ala4 12139 OK 13 34/11 15: 46 92003776449 EC--S 1211'20" 004 039 OK 14 134/11 15:47 208 388 6924 EC--S 131'47" 0la4 039 OK 15 04/11 15:50 21388886654 EC-S 131 '213" 004 1339 OK 16 134/11 15:52 2084674538 EC--S 01'2B" 1304 la39 OK 17 la4/11 15'53 89503913 EC--S 131'20" 004 039 OK 18 04/11 15:55 Laurel EC--S 01'21" 1304 039 OK 19 04/11 15:57 ADA CTY DEVELMT 133--$ 132'22" 13134 1339 OK 20 04/11 16:130 CHERRY LANE EC--S 131'46" 004 039 Ok 21 04/11 16:03 POST OFFICE EC--S 02'30" 004 039 OK 22 04/11 16:06 208 sea 1983 63--5 131'49" 004 039 OK 23 34/11 16: 00 ID PRESS TRIBUNE EC--S 131'21" 1304 039 OK 24 04/11 16:10288886 6700 EC--$ Ell' 20" 1304 039 OK 28 04/11 16:16208 387 6393 EC--S 01 ' 21" 004 039 OK ~~SlJ V oSt ~( Y\)Io\~0 kJoll~ -llt()~k,:> CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 15, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ Sill Nary Cherie McCandless Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of February 19. 2003 City Council Special Meeting: B. Approve minutes of March 25. 2003 City Council Regular Meeting: C. Approva minutas of April 1. 2003 City Council Regular Meeting; D. Findings of Fact and Conclusions of Law for Approval: AZ. 02- 033 Request for annexation and zoning of 104,77 acres from RUT to R-8 PD zones for proposed Parkstone Subdivision by Hmview Developmen~ Corp. - west of North Eagle Road and north of East Ustick Roael: E. Findings of Fact and Conclusions of Law for Approval: PP 02~ 033 Request for Preliminary Plat approval of 334 building lots and 34 other lots on 104.77 acres in a proposed R-8 PD zone for proposed Parks tone Subdivision by HiIlview Development, Corp. - west of North Eagle Road and north of East Ustick Road: F. Findings (If Fact and Conclusions of Law for Approval: CUP 02-049 Request for a Conditional Use Permit for a Planned Unit Development for 275 single-family dwellings, 52 lownhomes, 4 office lots, 2 commercial 1015, 1 mini-storage lot, 1 pocket park, 1 city neighborhood park and 32 common lots on 104,77 acres for proposed PlUkstone Subdivision by HilIview Development, Corp. - west of North Eagle Road and north of East Ustick Road: MohdiOn CityCOU(\Cl114l"ndo-Aplil tS,2003 Pogo t 0'4 All moteriolo I'f'lMI'lI<l II publicmettingo .h8U beeoIne propmy of the City of MMdI~n. AnyollO c:\eSlrlng ~lI'IO':l.u~ lor dlR~l\IftlIllllolOd to doctlmol1!s .ndlat h...Jings plelIS<>eontocl tho CltyCI0Il<'8 Offlco at~8443~81Ieul48 h0<Jt8 prior to the".u.lC moetil1lJ. ** COMMUNICATIONS REPORT ** AS OF APR 11 '83 16:22 PAGE. 81 C lTY OF t1ER ID I AN TOTAL PAGES TOTAL TIME SEND 8898 SEND 88037'45" RECEIVE 6004 RECEIVE 08081'52" DATE TIME TO/FROM MODE MIN/SEC PGS CMD1:* STATUS 81 84/11 13:51 G3--R 88'44" 881 835 OK 62 84/11 13:57 8956398 EC--R 88'25" 881 636 OK 83 64/11 13: 59 EC--R 86'28" 881 837 OK 04 84/11 14:29 2883762841 EC--R 88'15" 881 838 OK 85 04/11 15=29 3818160 EC--S 62'25" 684 839 OK 86 84/11 15:32 PUBLIC WORKS UF--S 81'88" 884 839 OK 87 84/11 15:33 12884664485 EC--S 81'22" 684 839 OK 68 84/11 15:35 8841159 EC--S 81'22" 884 839 OK 89 84/11 15:37 2888848744 EC--S 81'21" 004 039 OK 18 84/11 15:39 2088467366 EC--S 81'44" 884 839 OK 11 84/11 15:42 8985581 EC--5 81'28" 884 839 OK 12 84/11 15=43 LIBRARY EC--S 01'48" 084 839 OK 13 84/11 15:46 92883776449 EC--S 81'28" 884 839 OK 14 84/11 15:47 288 388 6924 EC--S 81'47" 884 839 OK 15 84/11 15:50 2888886854 EC--S 01'28" 884 839 OK 16 04/11 15=52 2884674538 EC--S 81'28" 084 839 OK 17 84/11 15:53 8958398 EC--S 81'28" 884 839 OK 18 84/11 15:55 Laurel EC--S 81'21" 884 839 OK 19 84/11 15:57 ADA CTY DEVELMT G3--5 82'22" 884 839 OK 28 84/11 16:88 CHERRY LANE EC--S 81'46" 884 839 OK 21 84/11 16:83 POST OFFICE EC--S 82'38" 884 039 OK 22 84/11 16:86 288 888 1983 G3--5 81'49" 804 039 OK 23 84/11 16:08 ID PRESS TRIBUNE EC--S 81'21" 884 039 OK 24 04/11 16:18 288 888 6788 EC--S 81'28" 884 839 OK 25 04/11 16:12 3818168 EC--S 88'54" 882 848 OK 26 04/11 16:14 PUBLIC WORKS UF--S 08'24" 082 848 OK 27 84/11 16:14 12084664485 EC--S 88'35" 802 840 OK 28 84/11 16:16 288 387 6393 EC--S 81'21" 884 039 OK 29 84/11 16:18 2888848744 EC--S 88'34" 882 848 OK 30 04/11 16:19 2088467366 EC--S 88'35" 882 848 OK 31 84/11 16:20 8985581 EC--S 88'34" 882 848 OK 32 84/11 16:21 LIBRARY EC--S 08' 4201 002 848 OK J.'31> CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 15, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd X Bill Nary -L Cherie McCandless X Keith Bird X Mayor Robert Corrie . 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of February 19, 2003 City Council Special Meeting: w1YJ1:7v<.- Approve minutes of March 25, 2003 City Council Regular Meeting: ~~t/U..- Approve minutes of April 1, 2003 City Council Regular Meeting: ~Vl</ Findings of Fact and Conclusions of Law for Approval: AZ 02- 033 Request for annexation and zoning of 104.77 acres from RUT to R-8 PO zones for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: fct,/fde.. 10 /Jp-r7 2 '22--/ 2-0& 3 B. C. D. E. Findings of Fact and Conclusions of Law for Approval: PP 02- 033 Request for Preliminary Plat approval of 334 building lots and 34 other lots on 104.77 acres in a proposed R-8 PD zone for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: -!cv6/-e /-19 /1;';777 22r?p iF] Findings of Fact and Conclusions of Law for Approval: CU P 02-049 Request for a Conditional Use Permit for a Planned Unit Development for 275 single-family dwellings, 52 townhomes, 4 office lots, 2 commercial lots, 1 mini-storage lot, 1 pocket park, 1 city neighborhood park and 32 common lots on 104.77 acres for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: ~6-t:.e- h? /91Jnt 22--1 Zt7&3 Meridian City Council Agenda - April 15, 2003 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. ? -I. ~- J. G. Findings of Fact and Conclusions of Law for Denial: AZ 02- 032 Request for annexation and zoning of 5.0 acres from RUT to R-2 zones for proposed Northbridae Subdivision by Centennial Development, LLC - west of North Meridian Road on West Ustick Road: ~rJP v<- Findings of Fact and Conclusions of Law for Denial: PP 02- 035 Request for Preliminary Plat approval of 5 building lots and 4 other lots on 5.0 acres in a proposed R-2 zone for proposed NorthbridQe Subdivision by Centennial Development, LLC - west of North Meridian Road on West Ustick Road: arj?YWV'<--- Findings of Fact and Conclusions of Law for Denial: AZ 02- 034 Request for annexation and zoning of 5.0 acres from RUT to R-3 zones for proposed Bleak Subdivision by Kent and Nancy Bleak - 4920 West Cherry Lane: ~v:e atf 4rne'vt-det:G Findings of Fact and Conclusions of Law for Denial: PFP 02- 005 Request for Preliminary I Final Plat approval of 1 building lot and 1 other lot on 5 acres in a proposed R-3 zone for proposed Bleak Subdivision by Kent and Nancy Bleak - 4920 West Cherry Lane: apJ:lrY) v..e.- Beer. Wine. and liquor License Renewals: a;rv-..e....- Texas Roadhouse - Beer and Liquor Epi's A Basque Restaurant - Beer and Wine Meridian Bowling Lanes - Beer and Liquor Pizza Hut - Beer Fred Meyer - Beer and Wine Bill n Lynn's Place - Beer and Liquor Lotus Garden Chinese Restaurant - Beer Bolo's - Beer and Wine Rite Aid - Beer and Wine Wingers - Beer and Wine Chicago Connection - Beer and Wine Cherry Lane Golf Course - Beer and Liquor White Water Saloon - Beer and Liquor Primo's All You Can Eat - Beer (2?64-t21) Approve Lease for Additional Office Space for Public Works I Building Department: t:i/j/fJnVU?- tJ/ll/arJn..-l/l1 #0/'1../ Change Order No.1, Victory Road Water Main Design - Civil Survey Consultants: ~;rrrovuv {}vil Jurvt:..:J (,"3'/ Z&~ .oe. H. K. L. M. Merid ian City Council Agenda - April 15, 2003 Page 2 of 4 All materials presented at pUblic meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. N. Award Bid I Contract for Landscaping at the South Entrance of the Waste Water Treatment Plant: o.-j?~(/L-L- SknIluh..e..... LandJ'cajJ/~ $/4; b IO.IJt3 O. Addendum to Agreement for Professional Services, J-UwB Engineers - South Slough Sewer Project: tvPx?n?~ .:zdd;h~~ . I'r K~&72. ~ P. Resolution No. ffJ S -1tJL : Amending Resolution No. 142 Adopting Deferred Compensation Plan for the City of Meridian Employees: t€~V'<- 4. Department Reports: A. Mayor's Office - Mayor Corrie: 1. Appointment of Meridian Development Corporation Board Member (to fulfill Jim Johnson Seat #1 until 8-04): d/f.J:YVv-<-,- JtJl1.ai:-A./lPl CeetC 5. (Items Moved from Consent Agenda): 6. Ordinance No. t! 3.- /&/7 AZ 02-029 Request for Annexation and Zoning of 39.92 acres from RUT to R-8 zones for proposed Watersona Estates by Howell-Murdoch Development Corporation - northwest corner of North Linder Road and West Ustick Road: ~v-.e- 7. Tabled from April 1, 2003: FP 03-011 Request for Final Plat approval of 26 building lots and 8 other lots on 5.48 acres in an R-8 zone for Mosher's Farm Subdivision by CMD, Inc. - northwest corner of North Ten Mile Road and West Pine Avenue: ~~ 8. Tabled from March 4, 2003: AP 03-001 Request to Appeal Meridian Planning and Zoning Commission's Denial of Silverleaf Subdivision Preliminary Plat by Shawn Nickel and Crestline Development, LLC - 2683 West Chinden Boulevard: -ra6/e c-w JuLy 15"; 2003 9. Continued Public Hearing from March 4, 2003: AZ 02-030 Request for annexation and zoning of 38.65 acres from RUT to R-4 zones for proposed Silverleaf Subdivision by Crestline Development, LLC - 2683 West Chinden Boulevard: ct97Vh ~ pi It- A7 J at' j' I~/ z,po 3 10. Continued Public Hearing from March 4, 2003: PP 02-031 Request for Preliminary Plat approval of 72 building lots and 8 other lots on 38.65 acres in a proposed R-4 zone for proposed Silverleaf Subdivision by Crestline Development, LLC - 2683 West Chinden Boulevard: LCTh/7nu...e. pilL -h Jd fJ IS; 2co3 Meridian City Council Agenda - April 15, 2003 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Continued Public Hearing from March 4, 2003: VAR 03-006 Request for a Variance to exceed 1,000 foot maximum block length and Variance to open space requirement for Silverleaf Subdivision by Crestline Development - 2683 West Chinden Boulevard: ccn-finuL jJ III 10 V21:II~ 2D0"3 Continued Public Hearing from April 1, 2003: AZ 03-001 Request for annexation and zoning of 10.006 acres from RUT to L-Q zones for Central Vallev Baptist Church by Central Valley Baptist Church - east of North Ten Mile Road and south of West Pine Avenue: a!-ft;rrh eJj ~ j?re(?l'oA.€ -/1 ~ ..f C 1.((;1- tf-jJj/J'69va-<. Continued Public Hearing from April 8, 2003: AZ 03-004 Request for annexation and zoning of 1.37 acres from R-1 to L-Q zones for Montvue Medical Clinic by Pinnacle Engineers, Inc. - 360 East Montvue Drive: C'O'?1-P h iA..A?/ p / IL /-r7 Iu a...y 6 {!.: / 2 tlO '3 Continued Public Hearing from April 8, 2003: Dust Abatement Ordinance: C~-f>~fA...{./ p/l1- fa /'hap /3~ :2c?o3 TE 03-002 Request to allow a one year Time Extension for Conditional Use Permit for Baltic Place Subdivision by Pinnacle Engineers, Inc. - south of Franklin Road and Baltic Street: ~p v-e- 1-0 jUtt9 II 2-otJ 4- FP 03-016 Request for Final Plat approval of 41 building lots and 10 other lots on 15.01 acres in an R-8 zone for Baldwin Park No.3 by Capitol Development - % mile south of McMillan Road, east of Linder Road: 4/ppro~ Public Hearing: AZ 02-031 Request for annexation and zoning of 39.05 acres from RUT to R-8 zones for proposed Castlebrook Subdivision No. 6 by Crestline Development, LLC - 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane: d-lf-orne';/ .j.P pref7cv..e -f'/~ I c/..-f ff,rCLI'fJYZ'V-<< Public Hearing= PP 02-032 Request for Preliminary Plat approval of 150 building lots and 9 other lots on 39.05 acres in a proposed R-8 zone for proposed Castlebrook Subdivision NO.2 by Crestline Development, LLC - 4000 West Pine Avenue, east of North Black Cat Road and south of West c~~Iv~n:~ h 1'~f?/1/Lf r/'/~ I- cl.e j;;y A-p(xpvd Public Hearing: VAR 03-005 Request for a Variance to allow certain blocks to exceed 1000 foot maximum length and certain block lengths to be less than 500 foot minimum for Castlebrook Subdivision No.2 by Crestline Development, LLC - 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane: af1'zvf7'terj ft; p-rep'VI.e /I./'..{ C/,f -Iff ~jJ'YPrd Public Hearing: RZ 03-001 Request for a Rezone of 6.95 acres from L- Q to L-Q and C-G zones for Mallane Commercial Complex by The Land Group, Inc. - north of East Fairview Avenue and west of North Eagle Road: a--f{-of-ne.'J Ie> preflA--1A- ../"/,L Ic/~ r:trr ~ffrPt/a....e Meridian City Council Agenda - April 15, 2003 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. May 2, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST May 6, 2003 ITEM NO. Approve minutes of April 15, 2003 City Council Regular Meeting: 3--~ AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: fNTERMOUNT AIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS ~vV Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA TuesdaYJ April15J 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of February 19, 2003 City Council Special Meeting: Approve B. Approve minutes of March 25, 2003 City Council Regular Meeting: Approve C. Approve minutes of April 1 J 2003 City Council Regular Meeting: Approve D. Findings of Fact and Conclusions of Law for Approval: AZ 02- 033 Request for annexation and zoning of 104.77 acres from RUT to R-8 PO zones for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: Table to April 22, 2003 Meeting E. Findings of Fact and Conclusions of Law for Approval: PP 02- 033 Request for Preliminary Plat approval of 334 building lots and 34 other lots on 104.77 acres in a proposed R-8 PO zone for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: Table to April 22, 2003 Meeting F. Findings of Fact and Conclusions of Law for Approval: CUP 02-049 Request for a Conditional Use Permit for a Planned Unit Development for 275 single-family dwellings, 52 townhomes, 4 office lots, 2 commercial lots, 1 mini-storage lot, 1 pocket park, 1 city neighborhood park and 32 common lots on 104.77 acres for Meridian City Council Agenda - April 15, 2003 Page 1 of 5 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. proposed Parkstone Subdivision by HilIview Development, Corp. - west of North Eagle Road and north of East Ustick Road: Table to April 22, 2003 Meeting G. Findings of Fact and Conclusions of Law for Denial: AZ 02- 032 Request for annexation and zoning of 5.0 acres from RUT to R-2 zones for proposed Northbridge Subdivision by Centennial Development, LLC - west of North Meridian Road on West Ustick Road: Approve H. Findings of Fact and Conclusions of Law for Denial: PP 02- 035 Request for Preliminary Plat approval of 5 building lots and 4 other lots on 5.0 acres in a proposed R-2 zone for proposed Northbridge Subdivision by Centennial Development, LLC - west of North Meridian Road on West Ustick Road: Approve 5-1. Findings of Fact and Conclusions of Law for Denial: AZ 02- 034 Request for annexation and zoning of 5.0 acres from RUT to R-3 zones for proposed Bleak Subdivision by Kent and Nancy Bleak - 4920 West Cherry Lane: Approve as Amended 5-J. Findings of Fact and Conclusions of Law for Denial: PFP 02- 005 Request for Preliminary I Final Plat approval of 1 building lot and 1 0 ther Jot on 5 acres j n a proposed R-3 zone for proposed Bleak Subdivision by Kent and Nancy Bleak - 4920 West Cherry Lane: Approve K. Beer, Wine, and Liquor License Renewals: Approve Texas Roadhouse - Beer and Liquor Epi's A Basque Restaurant - Beer and Wine Meridian Bowling Lanes - Beer and Liquor Pizza Hut - Beer Fred Meyer - Beer and Wine Bill n Lynn's Place - Beer and Liquor Lotus Garden Chinese Restaurant - Beer Bolo's - Beer and Wine Rite Aid - Beer and Wine Wingers - Beer and Wine Chicago Connection - Beer and Wine Cherry Lane Golf Course - Beer and Liquor White Water Saloon - Beer and Liquor Primo's All You Can Eat - Beer L. Approve Lease for Additional Office Space for Public Works I Building Department: Approve William A. Hon Meridian City Council Agenda - April 15, 2003 Page 2 of 5 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. M. Change Order No.1, Victory Road Water Main Design - Civil Survey Consultants: Approve Civil Survey $3,200 N. Award Bid I Contract for Landscaping at the South Entrance of the Waste Water Treatment Plant: Approve Sunshine Landscaping $14,610 O. Addendum to Agreement for Professional Services, J-U-B Engineers - South Slough Sewer Project: Approve additional $9,872 P. Resolution No. 03-402 : Amending Resolution No. 142 Adopting Deferred Compensation Plan for the City of Meridian Employees: Approve 4. Department Reports: A. Mayor's Office - Mayor Corrie: 1. Appointment of Meridian Development Corporation Board Member (to fulfill Jim Johnson Seat #1 until 8-04): Approve Jonathan Cecil 5. (Items Moved from Consent Agenda): 6. Ordinance No. 03-1017 : A Z 02-029 Request for Annexation and Zoning of 39.92 acres from RUT to R-8 zones for proposed WatersonQ Estates by Howell-Murdoch Development Corporation - northwest corner of North Linder Road and West Ustick Road: Approve 7. Tabled from April 1 , 2003: FP 03-011 Request for Final Plat approval of 26 building lots and 8 other lots on 5.48 acres in an R-8 zone for Mosher's Farm Subdivision by CMD, Inc. - northwest corner of North Ten Mile Road and West Pine Avenue: Approve 8. Tabled from March 4, 2003: AP 03-001 Request to Appeal Meridian Planning and Zoning Commission's Denial of Silverleaf Subdivision Prellminary Plat by Shawn Nickel and Crestline Development, LLC - 2683 West Chinden Boulevard: Table to July 15, 2003 Meeting 9. Continued Public Hearing from March 4, 2003: AZ 02-030 Request for annexation and zoning of 38.65 acres from RUT to R-4 zones for proposed Silverleaf Subdivision by Crestline Development, LLC - 2683 West Chinden Boulevard: Continue Public Hearing to July 15, 2003 Meeting Meridian City Council Agenda - April 15, 2003 Page 3 of 5 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. 10. Continued Public Hearing from March 4J 2003: PP 02-031 Request for Preliminary Plat approval of 72 building lots and 8 other lots on 38.65 acres in a proposed R-4 zone for proposed Silverleaf Subdivision by Crestline Development, LLC - 2683 West Chinden Boulevard: Continue Public Hearing to July 15J 2003 Meeting 11. Continued Public Hearing from March 4, 2003: V AR 03-006 Request for a Variance to exceed 1,000 foot maximum block length and Variance to open space requirement for Silverleaf Subdivision by Crestline Development - 2683 West Chinden Boulevard: Continue Public Hearing to July 15,2003 Meeting 12. Continued Public Hearing from April 1, 2003: AZ 03-001 Request for annexation and zoning of 10.006 acres from RUT to L-Q zones for Central Vallev Baptist Church by Central Valley Baptist Church - east of North Ten Mile Road and south of West Pine Avenue: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 13. Continued Public Hearing from April 8, 2003: AZ 03-004 Request for annexation and zoning of 1.37 acres from R-1 to L-O zones for Montvue Medical Clinic by Pinnacle Engineers, Inc. - 360 East Montvue Drive: Continue Public Hearing to May 6, 2003 Meeting 14. Continued Public Hearing from April 8, 2003: Dust Abatement Ordinance: Continue Public Hearing to May 13,2003 Meeting 15. TE 03-002 Request to allow a one year Time Extension for Conditional Use Permit for Baltic Place Subdivision by Pinnacle Engineers, Inc. - south of Franklin Road and Baltic Street: Approve to May 1, 2004 16. FP 03-016 Request for Final Plat approval of 41 building lots and 10 other lots 0 n 1 5.01 acres i n a n R -8 zone for B aldwi n Park No.3 by Capitol Development - ~ mile south of McMillan Road, east of Linder Road: Approve 17. Public Hearing: AZ 02-031 Request for annexation and zoning of 39.05 acres from RUT to R-8 zones for proposed Castlebrook Subdivision No. 6 by Crestline Development, LLC - 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 18. Public Hearing: PP 02-032 Request for Preliminary Plat approval of 150 building lots and 9 other lots on 39.05 acres in a proposed R-8 zone for proposed Castlebrook Subdivision No.2 by Crestline Development, LLC - 4000 West Pine Avenue, east of North Black Cat Road and south of Meridian City Council Agenda - April 15, 2003 Page 4 of 5 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. ( West Cherry Lane: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 19. Public Hearing: VAR 03-005 Request for a Variance to allow certain blocks to exceed 1000 foot maximum length and certain block lengths to be less than 500 foot minimum for Castle brook Subdivision No.2 by Crestline Development, LLC - 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 20. Public Hearing: RZ 03-001 Request for a Rezone of 6.95 acres from L- o to L-O and C-G zones for Mallane Commercial Complex by The Land Group, Inc. - north of East Fairview Avenue and west of North Eagle Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda - April 15, 2003 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meetin~ April 15. 2003 The regular meeting of the Meridian City Council was called to order at 7:05 P.M., Tuesday, April 15, 2003, by Mayor Robert Corrie. Members Present: Robert Corrie, William Nary, Tammy de Weerd, Cherie McCandless, and Keith Bird. Others Present: William Nichols, Brad Hawkins-Clark, Brad Watson, W ill Berg, Ken Bowers, Doug Strong, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: All right. I will open the City of Meridian's City Council regular meeting, Tuesday, April the 15th, 2003, at 7:05 p.m. At this time I'd like to have the City Clerk have the roll- call attendance, please. Item 2: Adoption of the Agenda: Corrie: Okay. Item NO.2 is adoption of the agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I will make the changes as we go through the agenda on the Consent. We got some things that we need to pull and probably some that we need to continue, but on the main agenda, Items No.8, 9, 10 and 11, the Silverleaf Subdivision, has been requested to be continued to June 15th, 2003. Corrie: July. Bird: July. I'm sorry. To July 15, 2003. And with those changes noted, I don't believe there are any other changes. I would move that we adopt the agenda as noted. McCandless: Second. Corrie: Okay. Motion has been made and seconded to adopt the agenda as changed. Any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried. Meridian City Council April 15, 2003 Page 2 of 51 MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. Approve minutes of February 19, 2003 City Council Special Meeting: B. Approve minutes of March 25, 2003 City Council Regular Meeting: C. Approve minutes of April 1, 2003 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: AZ 02- 033 Request for annexation and zoning of 104.77 acres from RUT to R-8 PO zones for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: E. Findings of Fact and Conclusions of Law for Approval: PP 02- 033 Request for Preliminary Plat approval of 334 building lots and 34 other lots on 104.77 acres in a proposed R-8 PO zone for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 02-049 Request for a Conditional Use Permit for a Planned Unit Development for 275 single-family dwellings, 52 townhomes, 4 office lots, 2 commercial lots, 1 mini-storage lot, 1 pocket park, 1 city neighborhood park and 32 common lots on 104.77 acres for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: G. Findings of Fact and Conclusions of Law for Denial: AZ 02- 032 Request for annexation and zoning of 5.0 acres from RUT to R-2 zones for proposed Northbridge Subdivision by Centennial Development, LLC - west of North Meridian Road on West Ustick Road: H. Findings of Fact and Conclusions of Law for Denial: PP 02- 035 Request for Preliminary Plat approval of 5 building lots and 4 other Jots on 5.0 acres in a proposed R-2 zone for proposed Northbridge Subdivision by Centennial Development, LLC - west of North Meridian Road on West Ustick Road: K. Beer. Wine. and liquor License Renewals: Texas Roadhouse - Beer and Liquor Epi's A Basque Restaurant - Beer and Wine Meridian City Council April 15, 2003 Page 3 of 51 Meridian Bowling Lanes - Beer and Liquor Pizza Hut - Beer Fred Meyer - Beer and Wine Bill n Lynn's Place - Beer and Liquor Lotus Garden Chinese Restaurant - Beer BoloJs - Beer and Wine Rite Aid - Beer and Wine Wingers - Beer and Wine Chicago Connection - Beer and Wine Cherry Lane Golf Course - Beer and Liquor White Water Saloon - Beer and Liquor Primo's All You Can Eat - Beer L. Approve Lease for Additional Office Space for Public Works I Building Department: M. Change Order No.1, Victory Road Water Main Design - Civil Survey Consultants: N. Award Bid I Contract for Landscaping at the South Entrance of the Waste Water Treatment Plant: O. Addendum to Agreement for Professional Services, J-U-B Engineers - South Slough Sewer Project: P. Resolution No. : Amending Resolution No. 142 Adopting Deferred Compensation Plan for the City of Meridian Employees: Corrie: Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: On the Consent Agenda, Items 0, E, and F, the Parkstone Subdivision, has been asked to be moved back until April 15th, 2003, so we can get some-- Corrie: April 22nd. De Weerd: 22nd. Bird: Or April 22nd. I'm sorry. And, then, with the permission of Nary and McCandless, I'd like to pull items I and J to 5-1 and 5-J on the regular agenda. McCandless: Second. Meridian City Council April 15, 2003 Page 4 of 51 Nary: Second. Bird: Okay. And with that I would move we adopt the Consent Agenda and for the Mayor to sign and the Clerk to attest on all proper papers. Nary: Second. Corrie: 0 kayo I -- for purposes of Item P, what is t hat resolution number, M r. Clerk? Amending Resolution Adopting Deferred Camp Plan. 03-402. All right. Okay. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: Okay. All ayes. The motion is approved. MOTION CARRI ED: ALL AYES. Item 4: Department Reports: A. Mayor's Office - Mayor Corrie: 1 . Appointment of Meridian Development Corporation Board Member (to fulfill Jim Johnson Seat #1 until 8-04): Corrie: Okay. Next is Department Reports and appointment of Meridian Development Corporation board member to fill Jim Johnson's seat #1 until 8-04. At this time I would like to recommend the name of Mr. Jonathan P. Cecil, who lives at 620 North Mineral Wells Avenue in Meridian, Idaho. I have given you -- you all got a copy of his resume. I did have a meeting and talking with Jon, he is a planner with the City of Meridian, he has extensive knowledge on urban renewal, local government, and municipal financing. He was a city administrator -- planning and zoning administrator of urban renewal and executive director for the City of Jerome and he's well qualified for this seat on the MDC. So, I will answer any questions you might have, but I will be recommending -- I am recommending him to be placed on the MDC board. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Just -- he is a planner with Ada County and he lives here in Meridian. He's very knowledgeable about urban renewal areas and he's familiar with our attorney and I think he has talked with you, and I also spoke with him. I think he will be a great addition and a different voice coming from a different angle and I would like to move that we approve your appointment of Jonathan Cecil until August '04. Meridian City Council April 15, 2003 Page 5 of 51 Nary: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Okay. All those in favor say aye. Opposed no? Okay. Then, Mr. Jonathan P. Cecil will be part of the MDC board. MOTION CARRIED: ALL AYES. Item 5: (Items Moved from Consent Agenda): I. Findings of Fact and Conclusions of Law for Denial: AZ 02-034 Request for annexation and zoning of 5.0 acres from RUT to R-3 zones for proposed Bleak Subdivision by Kent and Nancy Bleak - 4920 West Cherry Lane: J. Findings of Fact and Conclusions of Law for Denial: PFP 02-005 Request for Preliminary I Final Plat approval of 1 building lot and 1 other lot on 5 acres in a proposed R-3 zone for proposed B leak Subdivision by Kent and Nancy Bleak - 4920 West Cherry Lane: Corrie: Okay. The next is the items moved from the Consent Agenda. The two items that have been removed is I and J, Findings of Facts and Conclusions of Law of denial on the annexation and zoning of the Bleak Subdivision and preliminary and final plat approval. Mr. Nary. Nary: Mr. Mayor, one of the discussion points I wanted to discuss on Item I, the Findings on the annexation denial, what I would move is that we amend the findings -- one of the things that was presented in t he staff report and was not addressed any further by other testimony was the fact that currently this particular property does not have sewer service available to it and there was discussion if there was going to be an annexation and when that could be done and how that could be accomplished through some sort of agreement for hook up later, but the Findings don't reflect the fact that there is no current sewer service. So, I was going to move to amend the Findings to also include that there is no current service. Now, was I incorrect? Did I hear that incorrectly, Brad, that that property does not currently have sewer service available? Hawkins-Clark: Councilman Nary, that is correct. It does not. Nary: So, I think the Findings, to be accurate, need to reflect the fact that there is no current sewer service and the other thing I was going to make note for the record, we did receive a letter from Kent and Nancy Bleak, dated April 10th, that was attached with a map of the area, basically, requesting that we reconsider our decision based upon the -- their belief that it is compliant with the Comprehensive Plan. I think we discussed that extensively, the fact that it may be -- it may be compliant with the Comprehensive Plan wasn't really the focus of the discussion. My recollection is the discussion was dealing Meridian City Council April 15, 2003 Page 6 of 51 with the big picture of what was being proposed and no different than any other application for annexation when we also have an opportunity to look at what's going to be proposed there, we have to make a decision as to whether or not what's being proposed is something we feel is compatible with the city and the Comprehensive Plan and the zones that are appropriate and what is going to be there and whether or not that's something that we would like to see. I think that was the focus of the discussion. That is reflected somewhat in the Findings, but I'm not willing to make a motion to reconsider. I think we had this discussion, I don't think the letter, although well written with some good information, doesn't have any new information. I think it's the same information we heard previously. We did discuss that. So, I was not going to make a motion to reconsider, but I would move to amend the Findings to reflect the fact that it was presented -- the evidence did present that there is no current sewer service available to this property. Corrie: Okay. Any other discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Neither Councilman Bird nor I can bring it back on the table, so-- Corrie: That's correct. De Weerd: It would be either Councilman Nary or Councilwoman McCandless, so -- I thought the letter did restate some strong arguments in favor of reconsidering and offering housing choices and, looking, it does comply with the Comprehensive Plan, but I know that's not any news to you on what I feel. Corrie: I guess the question from the Chair here is do either one of you want to change -- or recommend a change? Nary: I do not. Corrie: Okay. Hearing that, then, Mr. Attorney, do we need to have the motion on the amended Findings that Mr. Nary brought up and, then, we can -- Nichols: Mr. Mayor, Members of the Council, the annexation Findings would be the ones where the additional information needs to be presented and, then, the -- we will bring -- we will simply include that as an additional Finding of Fact in those Findings and the Conclusions, I think, would remain the same. Nary: Correct. Nichols: So, we would just include an additional finding and the Findings for the preliminary plat would remain the same. Meridian City Council April 15, 2003 Page 7 of 51 Corrie: Okay. Nary: That being said, M r. Mayor, I move f or I tern I, A Z 02-034, that we a mend the Findings of Facts and Conclusions of Law for this particular Bleak Subdivision to also reflect that there are no current -- there is not current sewer service to this particular property. McCandless: Second. Corrie: Motion has been made and seconded. Any further discussion? All those in favor of the motion say aye. Opposed No? Okay. I guess I get to vote and I will be -- I vote an aye, too. So, I will vote aye. MOTION CARRIED: TWO AYES. TWO NAYS. MAYOR AYE. Nary: Mr. Mayor? Corrie: Okay. Mr. Nary. Nary: I certainly understand why Council member Bird and de Weerd voted against it, but there really was evidence that there is no sewer service there, so it's not really doing anything, it's just reflecting the facts that were presented. Nichols: Mr. Mayor? Bird: We know. Nary: I know you know. So the record reflects it. Corrie: Mr. Nichols. Nichols: Mr. Mayor, now there needs to be a motion to adopt the Findings as amended. Nary: Now these you can vote no again. Mr. Mayor? Corrie: Mr. Nary. Nary: I would move t he approval 0 f - - and since we have d one this 0 n the Consent Agenda, unless someone has an objection, I was just going to move for approval as is on both of them. I move to approve Items I and J, AZ 02-034, the amended Findings for denial for the request for annexation and zoning of Bleak Subdivision, and the Findings as presented and Conclusions of Law for PFP 02-005, for the Mayor to sign and the Clerk to attest. McCandless: Second. Meridian City Council April 15, 2003 Page 8 of 51 Corrie: Motion has been made and seconded. Any further discussion? All those in favor of the motion say aye. Opposed? Okay. Then, the Chair will vote aye. MOTION CARRIED: TWO AYES. TWO NAYS. MAYOR AYE. Item 6: Ordinance No. AZ 02-029 Request for Annexation and Zoning of 39.92 acres from RUT to R-8 zones for proposed Watersona Estates by Howell-Murdoch Development Corporation - northwest corner of North Linder Road and West Ustick Road: Corrie: Onto Item NO.6. That's democracy. All right. Item No.6, which is Ordinance No. 03-1017. This is a request for annexation and zoning of 39.92 acres from RUT to R-8 zone for proposed Watersong Estates by Howell-Murdoch Development Corporation, northwest corner of North Linder Road and West Ustick Road. At this time I would ask the City Clerk to read Ordinance No. 03-1017 by title only at this time. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 03-1017, an Ordinance finding that Howell-Murdoch Development Corporation, the owner of certain real property generally located on the west side of Linder Road, one quarter mile northeast of Ustick Road in Meridian, to be known as Watersong Estates Subdivision and which lies contiguous or adjacent to the city limits of the City of Meridian, county of Ada, State of Idaho, have made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian, zoning designated Medium Density Residential District (R-8), and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada county recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: Okay. You have heard the reading of Ordinance No. 03-1017 by title only. Is there anyone from the audience that would like to have the ordinance read in its entirety? Okay. Council, you have before you a request for annexation of Watersong Estates by ordinance. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve Ordinance No. 03-1017, request for annexation and zoning of 39.92 acres from RUT to R-8 zones for the proposed Watersong Estates and ask the Mayor to sign and the Clerk to attest with suspension of rules. Meridian City Council April 15, 2003 Page 9 of 51 Bird: Second. Corrie: Motion has been made and seconded to approve Ordinance No. 03-1017 with suspension of rules. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All yeas. Ordinance No. 03-1017 will be effective after the ordinance is published. MOTION CARRIED: ALL AYES. Item 7: Tabled from April 1 ,2003: FP 03-011 Request for Final Plat approval of 26 building lots and 8 other lots on 5.48 acres in an R-8 zone for Mosher's Farm Subdivision by CMD, Inc. - northwest corner of North Ten Mile Road and West Pine Avenue: Corrie: Item No. 7 is tabled from the April 1 st, 2003, request for final plat approval of 26 building lots and eight other lots on 5.48 acres in an R-8 zone for Mosherts Farm Subdivision by CMD, Inc., northwest corner of North Ten Mile Road and West Pine Avenue. Staff comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. This item was continued primarily due to some reconfiguration of the sewer and -- through the subdivision, as well as pressurized irrigation and those issues have been worked out with Public Works, so I will go ahead and just briefly touch on the final flat. It is located just north of West Pine Avenue on the west side of Ten Mile Road. The Ten Mile sub drain is adjacent to the southern boundary of the plat. It is just a single phase development. The plat has 26 building lots and six other lots. It was annexed with an R-8 zone. The staff report dated April 1 st by Wendy Kirkpatrick and Bruce Freckleton does outline a couple of recommended conditions from staff. The plat as shown on the screen is generally in compliance with the preliminary plat. They are providing a pedestrian connection to the Chaparral Elementary School lot. The one modification that was changed with Public Works -- they have added a new common lot here down in the southeast corner of the project to run the sewer through. It is a 15 foot wide common lot, not a 20. That's due to an existing house that is on this lot here. The house, if we had a standard 20, the easement line would be on the -- basically, the wall of the existing house. So, Public Works has agreed to reduce that to a 15 foot. I think the only two additional notes to make on our conditions relate to -- that -- there is one on that lot and we ask that a dedicated blanket sewer easement on Lot 32 of Block 1, that would need to be a new note that would be added to have that blanket sewer easement over that full lot and that's not in the staff report, so we would recommend that that be added, as well as a new condition that says that the landscape plan dated March 25, '03, is approved as submitted and that does have a basketball court, as you may recall, as part of the planned development in their open space lot here, which is accessible off of the cul-de- Meridian City Council April 15, 2003 Page 10 of 51 sac. The revised plat that has this 15 foot wide sanitary sewer in it is dated April 14, '03. I think that's all staff has. Corrie: Okay. Thank you. Any questions, comments for staff? Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Brad, could I have that lot and block again? I didn't get it quick enough. Hawkins-Clark: Oh. Lot 32, Block 1. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: We did not get staff comments on this. Or I don't have it on my disk. McCandless: I don't either. Corrie: Actually, all we got is a couple letters from Wendy. It was a letter dated April 1st from Wendy Kirkpatrick, Planner II. There was a letter that it had to be tabled to today. That's all we have. Hawkins-Clark: I have record that -- it was dated April 1 st. I'm sorry. Other than that, I don't have any other record that it was sent to the clerk's office, so I would have to rely on Will for that. Corrie: While we are waiting, it the applicant here tonight or representative? Did you get a copy of what we are -- name and address just for the record, so we -- Ketterling: Yeah. Kasey Ketterling. I'm representing CMD. I'm an engineer with Leavitt & Associates. Address 1324 1 st Street South, Nampa, Idaho. I do not have a copy. I have not received a copy. Corrie: This says site specific and general comments. Ketterling: I was going to ask if Doug received a copy. I wasn't sure if he received one or not. Nary: Mr. Mayor? Corrie: Mr. Nary. Meridian City Council April 15, 2003 Page 11 of 51 Nary: Do you need some time to review it? Do you want us to move this down a couple of slots and, then, you can look at that for a minute? Ketterling: Well, that would be just fine. I have talked quite a bit with Public Works. I'm aware of their desires and their needs, so I'm probably familiar with these items, but would that be okay if I -- maybe you guys need a couple minutes yourself to look through it. Corrie: Okay. But you're fine with all the comments and that? Ketterling: Let me just take a minute. Corrie: Okay. That's fine. Ketterling: I don't know if you want to move to another item or -- Corrie: Okay. Well, we can do that. We can -- Ketterling: If I can just take a minute I would just do that as well. Corrie: Okay. If it's going to take just about a minute, then, we will wait. Ketterling: Okay. Corrie: That will give us a chance for us to read it up here. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Brad, in the site specific comments you wanted to add an additional comment? Is that what the change was? Hawkins-Clark: That's correct. De Weerd: That was just regarding a plat change? Hawkins-Clark: Correct. There was, actually, two. One was to require a blanket sanitary sewer easement on Lot 32, Block 1 and, then -- which I guess would be number five. And, then, number six would be that the landscape plan, dated March 25, '03, is approved as submitted. Those would be the two. De Weerd: Okay. Yeah. These are all pretty general, so-- Corrie: Do you -- Meridian City Council April 15, 2003 Page 12 of 51 Ketterling: Yes. Kasey Ketterling, again, for the record. We don't have a problem with any of these comments. Item number four on the site specific comments, is that, once again, calling -- I don't know if you guys remember the discussion we had on tiling that ditch during the annexing phase of this subdivision, but I was under the understanding that we were not to going to tile the drain, except for those areas which would impact the sidewalk. We would tile enough of the drains that the sidewalk would have adequate soil underneath it. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: That was my understanding, too, Mr. Mayor, that we weren't requiring that, other than where the sidewalks are coming. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: So would we -- Brad, to be safe, we should probably look at amending four, because I think -- I think everyone's right, I think the discussion was simply tiling the section that was, essentially, where the sidewalk is adjacent to Ten Mile and not the remainder of it. Ketterling: That's as we remember it as well. Hawkins-Clark: Mr. Mayor, I think that's correct. If we just checked the preliminary plat conditions in the annexation. So, if we just require the final plat to comply with the preliminary plat annexation findings, then, I think we would be covered. Ketterling: Okay. That's fine. Corrie: Okay. Anything else? Ketterling: Not from us. Corrie: Okay. All right. Thank you. Ketterling: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we approve the request for final plat of 26 building lots and eight other lots on 5.48 acres in an R-8 zone for Mosher's Farm Subdivision, to include staff Meridian City Council April 15,2003 Page 13 of 51 comments dated 4/1/2003, I h ope. I know its ays 2002. To add requirements to site specific to require a sanitary sewer easement on Lot 20 -- or 32, Block 1, and the landscape plan of 3/25/03 and to amend item number four to comply with the preliminary plat. And ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay. Motion has been made and seconded for approval with the additions. Corrections. Any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess just to add a notation on the date of the revised plat of 4/14/03. Bird: I agree. Corrie: Second agree? Okay. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Motion is approved. Request for final plat. MOTION CARRIED: ALL AYES. Item 8: Item 9: Item 10: Item 11: Tabled from March 4, 2003: AP 03-001 Request to Appeal Meridian Planning and Zoning Commission's Denial of Silverleaf Subdivision Preliminary Plat by Shawn Nickel and Crestline Development, LLC - 2683 West Chinden Boulevard: Continued Public Hearing from March 4, 2003: AZ 02-030 Request for annexation and zoning of 38.65 acres from RUT to R-4 zones for proposed Silverleaf Subdivision by Crestline Development, LLC - 2683 West Chinden Boulevard: Continued Public Hearing from March 4, 2003: PP 02-031 Request for Preliminary Plat approval of 72 building lots and 8 other lots on 38.65 acres in a proposed R-4 zone for proposed Silverleaf Subdivision by Crestline Development, LLC - 2683 West Chinden Boulevard: Continued Public Hearing from March 4, 2003: V AR 03-006 Request for a Variance to exceed 1,000 foot maximum block length and Variance Meridian City Council April 15, 2003 Page 14 of 51 to open space requirement for Silverleaf Subdivision by Crestline Development - 2683 West Chinden Boulevard: Corrie: Item No.8, 9, 10 and 11 have been requested to be continue the tabled appeal for the Planning and Zoning Commission and to continue the Public Hearing on the request for annexation, the Public Hearing for the preliminary plat, and continued Public Hearing on request f or variance until July 15th, 2003. At t his time I will ask is there anyone here that would like to give testimony now that's here, if they cannot be here on the 15th of July? Okay. Hearing none, then, Council, I will entertain a motion. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Are you going to -- we already continued the Public Hearing, so are you opening up the public hearings? Corrie: No. Not at this time. We can just continue it, because -- Bird: Okay. How about Item NO.8? Corrie: Request for the appeal? Bird: The request for the appeal. That -- we'll have to handle that as a -- as just a tabled motion, then, won't we? Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Perhaps as an abundance of caution, the requirement is that we have to have a hearing within 45 days of the recommendation of the Planning and Zoning Commission. Or, no, maybe it was they have to make their recommendation in 45 days of the hearing. But, at any rate, if you open these hearings, then, continue them to that date, there isn't any question about it. Corrie: That was going to be my next question. Do we need to go ahead with the 45 day -- since they requested it. Okay. And in reference to Mr. Bird's request, do we need to just table the request for appeal and, then, open the public hearings on the other three? Does that satisfy the rules? I'm thinking that's what we should do. Anyway -- Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council April 15, 2003 Page 15 of 51 Bird: I would move that we table PP 03-001, request to appeal Meridian Planning and Zoning Commission's denial of Silverleaf Subdivision preliminary plat by Shawn Nickel, Crestline Development, LLC, 2683 West Chinden Boulevard to July 15th, 2003. Nary: Second. Corrie: Okay. Motion has been made and seconded to table the request for appeal of the Meridian Planning and Zoning Commission's denial of Silverleaf Subdivision preliminary plat until -- tabled until July the 15th, 2003. Any further discussion? All those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: So, at this time I will open the Public Hearing, then -- the continued Public Hearing on Item No.9, 10 and 11, which is a request for annexation and zoning, preliminary plat, and a variance on Silverleaf Subdivision and having no one wish to testify at this time, I will ask for a continuance request to postpone -- or continue it until the 15th of July. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we continue Public Hearing AZ 02-030, request for annexation and zoning of 38.65 acres from RUT to R-4 zones for the proposed Silverleaf Subdivision by Crestline Development, LLC, 2683 West Chinden Boulevard to July 15th,2003. De Weerd: Second. Corrie: Okay. Motion has been made and seconded. Any discussion? All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Mr. Bird. Bird: Mr. Mayor, I move that we continue Public Hearing PP 02-031, request for preliminary plat approval 0 f 72 build ing lots and eight 0 ther lots 0 n 38.65 acres in a propose R-4 zone for proposed Silverleaf Subdivision by Crestline Development, LLC, 2683 West Chinden Boulevard to July 15th, 2003. De Weerd: Second. Meridian City Council April 15, 2003 Page 16 of 51 Corrie: Okay. Motion has been made and seconded to continue the Public Hearing until July the 15th on PP 02-031. Any further discussion? All those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Mr. Bird. Bird: I would move that we continue Public Hearing V AR 03-006, the request for a variance to exceed 1,000 foot maximum block length and variance to open space requirement for SHverleaf Subdivision by Crestline Development, 2683 West Chinden Boulevard to July 15th, 2003. Nary: Second. Corrie: Motion has been made and seconded to continue the Public Hearing on V AR 03-006 of Silverleaf Subdivision until July 15th, 2003. Any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion is carried. MOTION CARRIED: ALL AYES. Item 12: Continued Public Hearing from April 1 , 2003: AZ 03-001 Request for annexation and zoning of 10.006 acres from RUT to L-O zones for Central Vallev Baptist Church by Central Valley Baptist Church - east of North Ten Mile Road and south of West Pine Avenue: Corrie: Item No. 12 is a continued Public Hearing from the April 1 st, 2003, request for annexation and zoning of 10.006 acres from RUT to L-O zone for Central Valley Baptist Church by the Central Valley Baptist Church, east of Ten Mile Road -- north Ten Mile Road and south of West Pine Avenue. At this time I will continue the Public Hearing on the request for annexation and zoning and invite staff's comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. I did give a summation of the annexation request two weeks ago. As you may recall, the applicant was not present at t he meeting and Council was not comfortable moving a head, sol can go through anything you'd like, but since I have already entered into the record staff's report, I'll just either stand for questions or leave it open for the applicant. Corrie: Okay. Any questions of staff at this point? Would the representative of Central Valley Baptist Church -- since this is a continued Public Hearing I need to swear you in. Is the testimony you are about to give the Council the truth, the whole truth, and nothing but the truth, so help you God? Houston: It is. Corrie: Name and address, please, for the record. Meridian City Council April 15, 2003 Page 17 of 51 ( Houston: I'm Doug Houston. I'm with Olson & Associates, Architects, 5680 East Franklin Road, Nampa. Representing Central Valley Baptist Church. We have nothing to add to staff's comments and we have reviewed the conditions of approval and have no issues with those conditions. Corrie: Okay. Thank you. Any comments, questions from staff -- or Council. Excuse me. Bird: I have none. Corrie: Okay. Thank you. Is there anyone else here that would like to issue testimony? Okay. Council? Further discussion under the Public Hearing? Hearing none, I will entertain a motion, then, to close the continued Public Hearing on this request. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we close the Public Hearing for the Central Valley Baptist Church by Central Valley Baptist Church, AZ 02-001, the annexation and zoning of 10.006 acres. Nary: Second. Corrie: Motion has been made and seconded to close the Public Hearing. Is there any further discussion? Hearing n one, all those in favor say aye. 0 pposed no? A II a yes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: First discussion? Hearing none, I will entertain a motion, then, for the request -- motion for the request of annexation and zoning. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve AZ 03-001, the request for annexation and zoning of 10.006 acres from RUT to L-O zones for the Central Valley Baptist Church by Central Valley Baptist Church, east of North Ten Mile Road and south of West Pine Avenue, and incorporate staff comments and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. De Weerd: Second. Corrie: Motion has been made and seconded to approve the request for annexation and zoning. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Meridian City Council April 15, 2003 Page 18 of 51 Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Motion for request for annexation and zoning is approved. MOTION CARRIED: ALL AYES. Item 13: Continued Public Hearing from April 8, 2003: AZ 03-004 Request for annexation and zoning of 1.37 acres from R-1 to L-Q zones for Montvue Medical Clinic by Pinnacle Engineers, Inc. - 360 East Montvue Drive: Corrie: Item No. 13 is a continued Public Hearing from April the 9th, 2003, at the request of the applicant of Montvue Medical Clinic. This is a question for annexation and zoning of 1 .37 acres from R-1 to L-O zones for Montvue Medical Clinic by Pinnacle Engineers, Inc., 360 East Montvue Drive. At this time I will continue the Public Hearing and ask staff's comments. Hawkins-Clark: Mayor, Members of the Council, this item is for annexation and zoning. It's a 1.36 acre lot, located in the Montvue Subdivision. It's highlighted there on the center of the screen. St. Luke's Medical Center is immediately south. South Eagle Road. As you well know, there is a signal here on South Eagle Road just north of the interchange that serves a private street that was constructed with the St. Luke's 1999 -- or, I'm sorry, was approved with St. Luke's 1999 expansion. The entire Montvue Subdivision, as you may recall, was a part of the discussion during the Comprehensive Plan amendment last year, the year before. It is designated as commercial on the Comprehensive Plan and there are policies, as was noted in Pinnacle Engineer's application that do support office and medical type uses in commercial -- commercially designated land on the Comprehensive Plan. So, the request to L-Q does comply with the Comprehensive Plan designation. It would be the first of what I believe -- 24 lots in Montvue Subdivision. Most of them are about an acre in size. This would be the first request within that subdivision to annex to the city. The subject site here is on the aerial photo. As you can see, there is a large lot. There are single family detached houses around the lot. The St. Luke's project is well built out now. The private St. Luke's Drive does extend all the way back to serve the Touchmark senior center now and there is a sidewalk -- well, a pathway, an asphalt pathway on the north side of that sidewalk that goes the full length from Eagle Road all the way back to the Touchmark site. Here is the elevations for the proposed building that were submitted with the application. The structure is proposed to be two story. Just as a reminder, this application is not proposing any development. It is strictly an annexation and zoning request, but we did ask them to submit basic concepts of what they are proposing to do there, just for the Council's understanding and edification. So, the ordinance typically would just annex the ground, but this is what they have submitted with the application of what they are intending to do with the property, even though there is not a conditional use right now or a plat of any kind. These photos are a little difficult to see, so I will just go on to the site plan that they have submitted. Again, it's a concept. The main point of discussion at the Planning and Zoning Commission hearing was the point of vehicular access between Meridian City Council April 15, 2003 Page 19 of 51 Montvue Drive within the subdivision and accessing St. Luke's Drive, the private street here. Ada County Highway District Commission did not allow a public street. They -- their conditions, again, are -- during annexations are just what they would apply should a development application be submitted. So, they put a caveat in there, but their point being that they don't -- they do not want to see a public street connecting Montvue to the private S t. Lu ke's Drive, sot hey have proposed a 29 foot wide private road that would be within a 40 foot easement. There is existing evergreen-type plantings that are on this western side of the entry road. The entry to the lot would be off of here on this west side and, then, parking, generally, around the north and the west, with the building situated here in the center, the new structure. They are proposing a sidewalk on just one side of the street, the east side, since they would have to remove all these plantings and, essentially, eliminate the buffer between that and the single family lot. Two agreements, as I understand, from the applicant Clint Boyle, have been executed since the Planning and Zoning Commission meeting. One of those agreements is between St. Luke's and the homeowners association that sets up their terms for the access and the other agreement is between the lot owner slash developer and the homeowners association in terms of use of that private drive and access out to the signal. They are private agreements. The city is not a party to them. We have not received a copy. The Planning and Zoning Commission recommendation, I believe, is agreeable by the applicant. The Planning and Zoning hearing did have a lot of discussion, as I say, about that access and there is a lot of history, as I believe the Mayor and Councilman Bird and Councilwoman de Weerd will recollect on the -- the St. Luke's project. We are requiring that a certificate of zoning compliance be submitted prior to any redevelopment on the site and if t hey a re looking f or anything 0 ther than standard limited 0 ffice uses, they would have to do a conditional use, which, of course, would involve a new Public Hearing that everyone would be notified. We are requiring a development agreement that outlines basic L-O uses and other than that I'll stand for any questions. Corrie: Council, any questions of staff? Bird: I have none. Corrie: Okay. Since this is a continued Public Hearing, I will invite the applicant. Is the testimony you are about to give the whole truth, and nothing but the truth, so help you God? Boyle: It is. Corrie: Name and address, please. Boyle: Clint Boyle with Pinnacle Engineers. Business address 12552 West Executive Drive in Boise, Idaho. Mayor and Council Members, it's a pleasure to be in front of you, as always, with another project that we believe will be beneficial to the city. This particular project -- the overview of this has been well presented by the staff. We have worked with the staff extensively on this project, appreciate their efforts on this. This particular area does have a history. Many of the Council members know more about Meridian City Council April 15, 2003 Page 20 of 51 that history than I do that have been on the Council for some time. This proposal in front of you tonight is for an annexation request on 1.37 acres of land with a limited office zoning designation, which is in conformance, we believe, with the Comprehensive Plan and that would be the recent Comprehensive Plan that was adopted by the Council. There are findings that support that. Those are outlined in the record and I'll leave it at that. I just want to limit my comments and indicate that we are in agreement with the recommended annexation and zoning conditions of approval, as outlined in the recommendation to the City Council that's been presented. I believe that St. Luke's presented t he agreement -- the a ccess a greement to the city clerk for access to S t. Luke's Drive, as well as access across this individual property for the Montvue residents. I won't belabor those points too extensively here, other than to mention that these agreements I know from the neighbors of Montvue and from St. Luke's and others in the area have taken quite some time to put together. There has been a lot of effort that have gone into them and my understanding of them is that something has been reached that's acceptable to everyone, which will allow for access out of Montvue Subdivision as we know it, which would be the residential lots in this area, will allow for an additional outlet to St. Luke's Drive and allow them access to the signal light at Eagle Road. So, we think that this project is a key to providing that access for the neighborhood. T he developers on this project are certainly receptive of allowing and facilitating that access and believe that it will be beneficial to the neighborhood. With that said, I will stand for any questions. Again, just reiterate that we are in agreement with all the conditions listed in the staff's recommendation to City Council. Thank you. Corrie: Thank you. Any questions of Mr. Boyle? Okay. Boyle: Thank you. Corrie: Is there anyone else from the public that would like to issue testimony at this time? Council, further discussion on the Public Hearing? Okay. Hearing none, Mr. Bird. Bird: We have got another-- Corrie: Oh. Okay. I didn't see him. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Hall: Yes, sir. Corrie: Name and address, please. Hall: Mayor Corrie, Commission Members, my name is Chuck Hall, I'm the director of architecture and construction services for St. Luke's, 520 South Eagle Road. I believe that there was a copy of our settlement agreement between St. Luke's and Montvue that was sent to the Mayor and Council Members by our attorney approximately a month ago. That was from Bob Burns of Moffatt Thomas, et al. Some of you know the history, some of you probably don't want to know the history, but the success is that St. Luke's and the vast majority of the property owners in Montvue have reached an agreement Meridian City Council April 15, 2003 Page 21 of 51 that allows Montvue access to and through our property to the traffic signal. That agreement also says that the location of that road will be determined by those people who have signed that agreement. 80, I appreciate that you're not approving a plan tonight. I just want to make sure that everybody is clear that we will work with all of the people who sign this agreement to jointly agree on the location of that road. I think the applicant is very aware of that. 80, just with that, if there is any questions, I will be willing to answer any questions you have. Corrie: Thank you. Any questions? Bird: He answered the only question I had. That's what I wanted to hear. Corrie: Is there anyone else that would like to issue testimony? Yes, sir. Reiswig: My name is Don Reiswig. I live at 3360 North Montvue Drive. Corrie: Raise your right hand, please. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Reiswig: It is. Corrie: Thank you. Reiswig: Okay. I live at 3360, which, if you look on the map here, it's -- as you come in off of Eagle Drive and would make a -- yeah. It's the third house in, the third lot in, and as a resident of Montvue J'm glad to see that the master plan was voted as commercial use. I'm all for that. I'm all for the development of medical office buildings or other type of buildings that are developed in there, but what I am against at the present time is the use of Montvue Drive on Eagle for an access for a business, because of the extreme danger of an accident there and I would -- I didn't get here in time for the -- to hear the presentation, but I -- I would -- as a resident would like to see this not go forward until there is a time that there is a satisfactory connection either to 8t. Luke's light or until the connection between Touchmark's Louise Drive and East Montvue Drive are made. And that's all. Corrie: Okay. Any questions? Bird: I have none. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess what I'm curious -- and I think I understand your point, but were you concerned that this -- that this access point here won't be developed when this building is developed? Meridian City Council April 15, 2003 Page 22 of 51 Reiswig: I am -- my concern -- my concern is that if this is developed in this location, you know, if it is developed, then, that's fine. But until the point in time that either this is developed or this connection is made, that there not be a medical or any other type of business allowed in there, because my wife has almost been killed, I have almost been hit numerous times getting in and out of their and until -- only until a bona fide, safe egress and ingress is accomplished -- until that time I think that it's just asking for somebody to get killed out there. Nary: So that I'm clear, sir, what you want is us to make the condition that says that before they can begin -- before they get a certificate to occupy this building, this has to be opened. Because once this is opened, no one is going to drive down your street to go to the back. Reiswig: That's correct. Nary: Okay. All right. Corrie: Thank you. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Butler: It is. Corrie: Name and address, please. Butler: JoAnn Butler, 251 East Front Street. Just a short response to the person that was just u p here tot estify before the C ounci!. As you know, t he A CH D h as made a finding for the city that the safety on the access presently on Eagle is safe and I think that's correct, that testimony is best directed to ACHD, perhaps, but your staff report does show that the ACHD has approved that access point and so we would be opposed to any condition of approval that would limit this. And, also, as Mr. Hall has pointed out on behalf of the neighbors, the exact access point has not yet been determined, because that will be determined with all the neighbors and St. Luke's. Thank you. Corrie: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I just have a question. So, ACHD has said that access out onto Eagle is safe? Butler: Correct. I think that in your staff -- I mean they have approved that access point. I don't know that they have said that, but they certainly did approve that. Meridian City Council April 15, 2003 Page 23 of 51 De Weerd: Okay. Nary: It is hard to get in and out of there. Corrie: Yes, ma'am. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Griffith: Yes. My name is Tricia Griffith, 3295 North Montvue Drive in Meridian. I just want to say that we never had a chance to make any kind of comments to ACHD and neither did St. Luke's or Montvue, so, you know, I guess I really don't understand the procedure, but before the road is built and -- they have on there private. I would like to make sure -- we wanted it to be public to St. Luke's Road and so I think that discussion hasn't been brought up and, like I said, we never got a chance to make any kind of comments to ACHD on that, so -- so I hope -- you know, what they are talking about tonight, it doesn't have the discussion about -- regarding the road. Corrie: Okay. If I'm understanding this correctly, all we are going to do is annex into the city. We are not doing any site plans or anything like that. Griffith: Right. And that's what I just wanted to make sure -- Corrie: And you will get notified when they do this when it comes before Council. Griffith: Right. Yeah. But I'm saying, you know, if ACHD said that the Montvue entrance was a safe place, you know, we never had a chance to make comments regarding that with ACHD, so-- Corrie: Okay. Griffith: Okay. Thanks. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mrs. Griffith. And I don't know if you can answer this or not, but I sat through a lot of hearings on this Comprehensive Plan and I seem to recall on the Montvue Sub, every time that was brought fOlWard it was brought as a -- from all the property owners that there was a collective desire to make this commercial, to collectively sell this, so what happened, where did it die? Griffith: Oh, we don't have a problem with that. Nary: Oh. Meridian City Council April 15, 2003 Page 24 of 51 Griffith: What I'm talking about is if we are going to -- if we are not going to discuss about the road, I don't have a problem. You know, I just want to make sure that the connection is public to St. Luke's Road. Nary: I understand. I guess I kept thinking when we were going to see something from Montvue Sub it was some large group development, some large property development. I guess that's not -- not in the offing today? Griffith: Well, I wish someone would come in. If you know somebody, we'd welcome th at. Nary: I think that's what you guys told us. That's why 1-- Griffith: Well, we are hoping. Nary: One little piece of it. That's what I guess thought was -- Griffith: Well, we were hoping and there was several buyers, but it took us awhile to -- to come up with an agreement and stuff, so they kind of went other places. But we are still looking. Nary: Thank you. Corrie: Is there anyone else to issue testimony? Nichols: Mr. Mayor, I have a question of staff, if I may. Corrie: Okay. Mr. Nichols. Nichols: Brad, with the -- if the annexation and zoning is approved with conditions, as recommended by the Commission, will there need to be any kind of hearings in front of ACHD if they want to put up a building that complies with that limited office zoning that they seek? Hawkins-Clark: Mr. Mayor, Mr. Nichols. No. The staff report t hat I have in t he public record is -- states that the commission did hold a hearing February 19th, 2003, at noon. There was a tech review meeting that was held February 7th and, then, a hearing February 19th at noon. But to get to the specifics of your question, no, if it moves ahead as the P&Z Commission has before you, an office type of use would strictly be a building permit process. We would forward a copy of our certificate of zoning compliance application to the Highway District, who, in turn, typically, just applies their conditions that were put on the annexation. But there is not at that point, typically, hearing at the Highway District. Merldian City Council April 15, 2003 Page 25 of 51 Nichols: Okay. Just so that we understand, the things that we have seen up here that shows a private road and the rest of it, that's merely concepts and they are binding on the developer as such? Hawkins-Clark: That's correct. The wording is -- on number three of the conditions does say that the agreement, referring to the development agreement, may require construction similar to the site plan offered. So, I guess that's as much a call of yours as not, I mean whether or not we can put those kind of specific conditions on an annexation, that -- if you agree with the zoning and you believe that the L-O zone standards and dimensions are adequate as they are in our ordinance today, typically, we have said let's not require conditional use permits, etc., in the future, because we think that the L-O zone standards and dimensions are adequate. But I think that there is a legitimate place -- there is a development agreement process to add additional conditions should you desire. Corrie: I feel something coming on here. Butler: Thank you. JoAnn Butler. Just to react to that. This is an annexation and a rezone and we -- as staff has pointed out and P&Z as recommended to the Council, we do meet all the conditions for annexation and rezone. So, this would not be a conditional rezone, which is not something that we have in Idaho, so I think that I just wanted to address that public street. I wouldn't expect to see it as a condition. We do know that the neighbors have wanted this public street access. The developer of this property, if this actual access lines up in this area, if all the neighbors should agree, they are certainly not opposed to that. And if anyone can persuade ACHD that that's appropriate, you know, they are not opposed to it. We just don't -- we just know what ACHD has told us and the city so far is that they do not want to see it as public. But, like I say, if the neighbors are successful as a group in asking ACHD -- getting their approval on a public, we will be more than happy with that. Thank you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Ms. Butler. So, I guess what I'm wondering, then, is it sounds like we only have a couple of options. I mean we can access this property. Would your client, then, be opposed tau sa nnexing this property a nd putting a zone t hat required a II uses 0 nit require a Conditional Use Permit? Butler: Oh, yes, I guess we would. I think that -- Nary: But we can still do that. Butler: If you wanted to change the application. In essence, you have an application for an annexation and rezone to L-O and findings that show that L-O would meet the Comprehensive Plan. If you -- you would either -- I think you would either deny the L-O Meridian City Council April 15, 2003 Page 26 of 51 for some reason that -- saying that it somehow didn't meet your findings. But to change the -- I guess -- I don't think you're asking if we wanted to change the application to some different conditional use -- Nary: Well, all I'm hearing, I guess, from the other testimony is the concern about, again, increasing the traffic, increasing the travel through Montvue. What their concerns is -- and I think what I heard Mr. Hawkins-Clark say is that if we approve this as requested, they can build this building and begin -- and open this business and if the private agreements fall through and nothing ever happens, they won't have access onto 8t. Luke's Drive, they will have to drive all the way through Montvue Subdivision to get to this building until that happens some day or the street the other direction gets built through or something -- I mean it sounds pretty sketchy to me, so I guess -- Butler: Let me see if I can make it less sketchy, then. Nary: Okay. Butler: Because this was discussed a great deal at the Planning and Zoning Commission and there were a great more neighbors at that time that testified, because the Planning and Zoning Commissioners asked many of these questions at the same time and asked what were the neighbors thinking. This annexation and rezone that was proposed, ACHD reviewed and said the capacity -- the streets, both in Montvue and on Eagle were appropriate and that the use was not going to -- they could approve it as is and that your staff report shows that. You do have an individual here tonight that has some concerns that was not the concerns of the neighbors who -- at the Planning and Zoning Commission said that they agreed with -- I don't want to put words in their mouth, but they understood that, yes, that's how traffic would come into this area if one of the other two connections was not made or if both those connections are not made. We have no plan to build at this time. So, that has not been an issue and let me not forget some of the other issues that you had. So, I think you have the issue was the connection from Montvue a problem? No. The neighbors testified to the P&Z that we have -- our desire is to get this -- get it commercial. The city saw fit to make it commercial in its Comprehensive Plan and that's exactly what this application does. It supports that concept that -- the Comprehensive Plan and the neighbors' perspective. When they talk -- you know, I think you also have an issue about the public road connection to 8 t. Luke's. Clearly, whether it's public 0 r private, the connection is the same. I mean, obviously, traffic is going to pass over it in the same fashion. 80, it will be cloaked with either way. 80, we are just saying that -- and which we have said the neighbors, too, and said -- invited their attorney to make sure there was an easement agreement in place, so at least they had the private connection, but either way, public, private, the same traffic will pass over it. We are just saying that if they really see a need to make it public and can convince ACHD for some reason having it public, versus private -- actually, I don't see the difference, because I think opening it will allow the traffic to flow through either way. 80, I hope that answers your question and makes it a little -- Meridian City Council April 15, 2003 Page 27 of 51 Nary: Thank you. Butler: Okay. Thank you. Corrie: I don't want to get in a debate here. If you have got something new to add, come up, if you want to come up, but, otherwise, I'm not going to get into a back and forth thing here, so -- just your name and address. Name, please. Reiswig: Don Reiswig. 3360 North Montvue. And I don't want to get into it either, I just want to make it very clear I was at the P&Z meeting and the plan that we saw at the P&Z meeting -- and if you talk to the people from Planning and Zoning, that their impression was that this road would line up with the St. Luke's access directly across and at the P &Z meeting t his lady said t hat we are not h ere to talk a bout whether -- about the placement of the road, it's strictly about annexing and changing this to an L-O zone. With going -- if this is -- in the master plan it's designed as commercial and commercial, my understanding, is that we have to have a Public Hearing and Conditional Use Permit application. With an L-O zoning there is nothing. They can walk in there tomorrow and get a building permit. So, I want to make -- I just wanted to clarify that there was -- that limited understanding on this previous application in front of P&Z and the staff at that time recommended to the Planning and Zoning Commission to not pass it at that particular night. Corrie: Okay. Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I will make a couple of comments while the Public Hearing is still open. When we get requests for annexation, generally, a plan accompanies it and the benefit of that is that we get all the information at the same time, we can make a determination that this, indeed, will be a benefit to our community. It gives the residents an opportunity to see what that benefit will be and an ability to comment on issues that will affect them. We did, indeed, say limited office does not have some of the traditional affects that most uses that we require a CUP, so that neighbors can comment are generally not an issue. But that this has issues associated with it and it is an issue of access a nd while I a m very pleased to hear that S t. Luke's and the neighbors have come up with some kind of agreement and there will be an access, there still seems to be road blocks to that -- sorry for the pun. But by creating an 0 ffice complex in the middle of the neighborhood that, in my opinion -- and I'm not a traffic engineer, but I would not want to be going in and out of that Montvue Subdivision onto Eagle and I certainly don't want to create a situation where that limited office building is built before some of these access issues onto this St. Luke's Road or into Touchmark happen beforehand, I'm not going to be responsibility for that and I can't support it, without the conditions that the access issues are taken care of and if those conditions can be put in a development agreement, that's great. We can do this. Traditionally, this Council does Meridian City Council April 15, 2003 Page 28 of 51 not like to annex without a plan. And there is very good reasons for that and this underscores all of those reasons. So, that's just where one Council member stands on this and I did it in the Public Hearing, so -- Ms. Butler, I know, always has a comment, we can accept that. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And I will, I guess, add one other thing, I guess. I would concur with what Councilwoman de Weerd said. If this -- Brad, could you back up to the -- I guess it was -- this one is fine. If we didn't have this access point here, in my opinion, we would never approve this. We would never approve the business development of this subdivision this far away from this major roadway and having all the access in and out of here. That's what I think. I don't think we would ever approve it. So, without this connection, there is no way we would ever approve it. This isn't done. I'm not sure -- I guess I'm not ready to approve this knowing that this isn't completed and that the potential is that this can get built, developed, open for business and all of the traffic is in and out of here. ACHD may have said that this entranceway is safe -- safe is different than accessible. Every one of these people came and told us how inaccessible their homes are now. I can't see having any business bringing additional traffic through here is going to make better than what it currently exists. So, until that - - until I have more assurance that t his access point is going to be there, I'm very uncomfortable approving this as it is. Butler: JoAnn Butler, 251 East Front Street. For Councilmember de Weerd and Council member Nary, this has -- made the comment that you would not make this annexation and zoning, because somehow you would feel responsible and somehow you're saying you would never make this annexation and rezoning request. Let me try to back up and ask you, I guess, why. Partly because this is on a public street and we do know that this is the first of the rezone in compliance with the Comprehensive Plan that all of the neighbors in this area have asked for. This is -- it has to start somewhere. It has to start somewhere. And ACHD -- and, of course, you're not responsible. ACHD has made the determination that the capacity is such that this is -- this is can be appropriate. And so I think that is your traffic engineer that's provided you with that information. I appreciate your -- although I appreciate the thoughts, I know that we have to get started somewhere and let me also say that there is a development agreement. Your conditions of approval require a development agreement and where the P&Z seemed -- well, sorry, on the other staff -- on the other slide that shows the plan. Can you put that up for me, Brad? What the P&Z recommended was that this be part of the development agreement, because they are very much aware that the Council likes to know, so that the neighbors know what is proposed for the site. So, this is part of the development agreement. Your condition of approval said that the only thing that would not be part of a development agreement is the issue of this private drive. The P&Z really talked a great deal about the fact that there are private agreements and there are public decisions and the two don't cross each other. When -- you have your standards that you have to meet with regard to annexation and zoning and we have complied with that. In Meridian CIty Council April 15, 2003 Page 29 of 51 addition, the neighbors and St. Luke's -- and we are now one of those neighbors, because we have purchased the property and so we take subject to the agreement with St. Luke's and the easement that has been placed on the property. So, those private agreements are in place, but they have nothing to do with -- or are separate from the public decision that you make based on your findings and facts and conditions and your findings and facts and those criteria set out in the ordinance. And so I would have to ask the Council -- we see no - - no criteria t hat we don't meet and so if you were to not approve the annexation and zoning, we'd ask you to be very clear what standards we don't meet. But I would not -- just so I could be as cut and dried as that, I mean if there is something else that I can -- that's not being explained to the Council and we can do a better job of it, please, ask those questions. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I was clear in my own mind what my points were and that is land use and transportation planning are closely linked and I know we are not the road authority, but we are responsible for public safety and we have a responsibility to our community not to plan for a catastrophe. And, I'm sorry, I really strongly believe that if we do this and it's allowed without a Public Hearing to be developed, without those accesses being resolved, either out into Touchmark or whatever it's called now, or down into St. Luke's, that we are not serving the public trust that has been placed upon us and that is on the safety of our community and, I will tell you what, no one cares whether it was our decision or ACHD's, I know who will get the phone and it will be the man sitting to the left of me and I don't think it's a phone call he wants to get and it's certainly not one that I want to promote. Butler: Mr. Mayor, Council Members, and Councilmember de Weerd, as you know, that this is discussion is -- in essence, has been resolved, because S1. Luke's and the neighbors have signed an agreement that will allow an access either to Touchmark or somewhere along this line. So, all that remains is for them to decide exactly where it is. So, an access will be made, and so I think that the private parties have basically taken that decision -- made that decision for the City Council. I mean they have said we are going to provide an access in one of two places, either through the Touchmark development or along this line. We would love to see it right here and we will probably ask the neighbors to push for that, but one of two things they are going to decide and so I think that decision has been made, you have got two recorded agreements that point that out. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Just to finish up my comments is I -- and I appreciate that S1. Luke's and the neighbors have been able to reach the agreement. It's still an issue of timing and the Meridian City Council April 15, 2003 Page 30 of 51 timing is the issue that is of concern to me. I know how long this fight has been going on -- or this -- how long t he negotiations for this agreement have taken and it's been a lengthy process. That could be in well -- years before we get where that access is going to be or when Touchmark goes into it. So, we could annex and rezone this and say a building cannot be built until those agreements are made. I think that would solve my concerns, because, then, at least I know that they are not going to be going onto Eagle Road through the only available access of today. And so, you know -- and I don't have a problem with tying it to this -- to this drawing and with those conditions. All I'm saying you told u s you d id not want those conditions 0 n t here. Without those conditions 0 n there I certainly do not feel comfortable approving that today. Butler: Well, Mr. Mayor, Councilwoman, if -- I can't speak for my client as I stand here. If you don't mind if I confer with my client just a moment. Corrie: Let me ask you a question to be clear in my mind. If the -- an entrance is put in to Touchmark, you will not put in that road that connects there to St. Luke's Drive? Butler: I believe that the agreement between St. Luke's and the neighbors calls for one access point. Corrie: So if we say put it in there, that that will be the connection, then, you will not put in the one at Touchmark? Butler: First of all, this is a private agreement -- that would be a private agreement that you would be talking about between St. Luke's and the neighbors and I think they would -- the neighbors would probably balk at the city saying you must put it in X place, because -- Corrie: No, I'm not saying that. Butler: Oh. Okay. Corrie: If we -- the way I'm reading this, we are working on a time issue, like Mrs. de Weerd said. If we pass this without any condition other than the L-O, you don't have to come back to us and if you put it for a Conditional Use Permit -- Butler: Correct. Corrie: Then, if you -- tomorrow you put it in and the road to Touchmark isn't put in for a year and a half, that's what we are talking about. We -- how do we get those people in there. So, we need to have some kind of surety on the time and, personally, I'm like they are, I would like to see that road put in and I'd like to see both of them put in. I mean that's -- I don't know what the neighbors are saying, but we got to have some kind of surety that that doesn't go in there tomorrow, because it could. Meridian City Council April 15, 2003 Page 31 of 51 Butler: Well, Mr. Mayor, I did hear that and if you would allow -- if the Council would allow a short -- maybe a recess to confer with my client for just a moment. Corrie: Okay. Go ahead. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: It might be appropriate to have a-- Corrie: Let's just have a ten minute break and, then, we will come back at 20 minutes to 9:00. (Recess.) Corrie: All right. I will come out of recess on the Public Hearing on Montvue Medical Clinic. And Ms. Butler. Butler: Mr. Mayor, City Council Members, as we took this recess and we discussed this with our client's representatives -- our clients aren't here right now tonight, we would ask -- and also in talking to the city attorney, it's clear that the Council hasn't had the opportunity to review those recorded settlement agreement and the easement and we would like the Council to have that opportunity. We would also like to directly talk with our client. So, if we could ask deferral to your next available hearing, so that you have that opportunity and we do, too, and we can discuss this further at that time. Corrie: Would May the 6th be okay? Butler: May the 6th sounds fine. Corrie: Council, you have heard the request of Council. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move that we continue the Public Hearing on AZ 03-004, the request for annexation and zoning for Montvue Medical Clinic to our May 6,2003, meeting. McCandless: Second. Corrie: Motion has been made and seconded to continue this Public Hearing until 5/6 of 2003. Any further comments? All those in favor of the motion say aye. All ayes. Motion carried. Meridian City Council April 15,2003 Page 32 of 51 MOTION CARRIED: ALL AYES. Item 14: Continued Public Hearing from April 8, 2003: Dust Abatement Ordinance: Corrie: Item No. 14 is a continued Public Hearing from April the 8th, 2003, Dust Abatement Ordinance, and we do have a letter from one of the -- David McKinnon that he would like to continue this and to kind of get everything tied up in a package with the rest of the Treasure Valley, so I would -- perhaps we can make that one come in, then, on the 13th, Brad, of May. All right. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we continue the Public Hearing for the Dust Abatement Ordinance until May 13th, 2003. Nary: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRI ED: ALL AYES. Item 15: TE 03-002 Request to allow a one year Time Extension for Conditional Use Permit for Baltic Place Subdivision by Pinnacle Engineers, Inc. - south of Franklin Road and Baltic Street: Corrie: Item No. 15 is a request to allow a one year time extension for a Conditional Use Permit for Baltic Place Subdivision by Pinnacle Engineers, Inc., south of Franklin Road and Baltic Street. Staff got any comments? Hawkins-Clark: Mr. Mayor, I guess the only comment I would make is that the -- there was a variance, as you may recall, that was approved for the plat, so just not to confuse the Council and Mayor, that it is a different request than what we heard two months ago. The conditional use permits have 18 months to begin construction and the plats have the 12 month time frame attached to them, so there is a different ordinance that we are dealing with, so that's just a clarification point there. Other than that, you should have the March 28 request from Clint Boyle of Pinnacle Engineers that outlines the ACHD issue there. Nary: Mr. Mayor? Corrie: Mr. Nary. Meridian City Councll April 15, 2003 Page 33 of 51 Nary: So, Brad, I guess the bottom line, this one is -- the other issue wasn't timely, this one is timely, because of the longer time period that's allowed and I didn't see any objection to this from staff. Hawkins-Clark: That's correct. Nary: Great. Thank you. Corrie: Any comments, Clint? De Weerd: He agrees. Corrie: Okay. Let the record show that the Pinnacle Engineers representative agrees, so I will entertain a motion for the extension. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve the one year time extension until May 1 st, 2004, for the Conditional Use Permit for Baltic Place Subdivision by Pinnacle Engineers, south of Franklin Road and Baltic Street. Nary: Second. Corrie: Okay. Any further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 16: FP 03-016 Request for Final Plat approval of 41 building lots and 10 other lots 0 n 1 5.01 acres i n an R -8 zone for Baldwin Park No.3 by Capitol Development - % mile south of McMillan Road, east of Linder Road: Corrie: Item No. 16 is a request for final plat approval of 41 building lots and ten other lots on 15.1 acres in an R-8 zone for Baldwin Park NO.3 by Capital Development, one quarter mile south of McMillan Road, east of Linder Road. Staff comments. Hawkins-Clark: Thank you, Mayor, Members of the Council. The third phase of Baldwin is here before you. The screen shows phase one that has already been recorded. Phase three -- phase two is north of the phase that's shown there. Phase three is further to the east and connects here with phase one and the staff report that was, actually, dated today, that's just showing the hearing date, is what those dates are showing now, just in case you're kind of wondering why they show the current date. It was received by the clerk's office on the 11th. There is a couple of items just to clarify. We have received a written response from Steve Arnold of Briggs Engineering responding to our MerIdian City Council April 15, 2003 Page 34 of 51 recommended conditions. The main one to point out is item number eight, site specific condition A, 8-A, that deals with the Colorado spruce that they are proposing within their landscape median. Again, the entry road is on the north portion of the plat here and they have two planter islands. Phase one was approved with these conifers. Our landscape ordinance does, actually, prohibit conifers within required street buffer areas, for obvious reasons. Some of those conifers get up to 30 feet wide and can be a hazard. The Colorado Spruce -- we received a letter from Eagle Nursery -- design manager at Eagle Nursery, Jason Aire, he states that the Engleman Spruce, actually, is ten to 20 feet wide and is probably the narrowest within that family. It gets to around ten to 12 feet wide. So, within a 25 foot wide planter -- their point is that the evergreens are not going to cause any kind of hazard at maturity. I guess the point on this is that we -- it's not a required landscape area. These medians are put in at the option of developers. I think, technically, since it's not a required landscape area, if it's deemed to be safe, we are okay under the ordinance to approve these. Phase one was approved with them. Their argument is that it's just a continuation of the plan and style that they have already established within their entry corridor. So, I think as long as the Colorado Spruce is prohibited and this Engleman is the one that is approved with the plan, that there is no safety issues involved in terms of the width of the tree. I think that was really the main issue. There was a clarification on fencing on the south side. The White Drain does abut the south side of this phase and they will just continue their perimeter fencing along the residential lots all along the drain. There is agreement that they will put the shorter fence along the common lot that is running north and south here for our standard micropath conditions. That's it. Thanks. Corrie: Questions from staff? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, because I can't remember what the other phases are, did you say this is a micropath right here? Is that what that is? Hawkins-Clark: Yes. Well, technically, it's not a micropath in that it's greater than 250 feet long, so -- Nary: So, it's a macro micropath. Hawkins-Clark: But, yes, they are proposing a five foot wide path in there. Nary: And is this a street here? Hawkins-Clark: They are both pedestrian only. Nary: So, where does this path go, just right here and these people's back yard? Meridian City Council April 15, 2003 Page 35 of 51 Hawkins-Clark: Yes. That's correct. Nary: Okay. That's what the other phase is? Because I don't remember. I'm sorry. I just don't remember. Is that -- is that in the other phases like that, too? Hawkins-Clark: It is. Corrie: Any other questions? Okay. Is the applicant here? Nothing to say, other than the request -- Arnold: I will stand for questions, if you need them. Corrie: Okay. So, just repeat what you just said. Arnold: Steve Arnold, Briggs Engineering. I'm here representing Capital Development. With staff's comments, we are in support of the staff report and we will stand for any questions. Corrie: Okay. Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I just wanted to ask a question on the micropath, because I don't remember it either. It's going to be paved? Arnold: The north-south one? De Weerd: Uh-huh. Arnold: Yeah. There will be a pathway within it. De Weerd: And, then, a fence on both sides? Arnold: Correct. De Weerd: And it goes clear up to the property line, so there is no landscaping on either side? Arnold: It's a 20 foot wide island. It will be a five foot wide pathway. De Weerd: And what goes on each side? Arnold: I believe that developer is putting in some grass and some rock to retain drainage. That was a comment that's on one of your staff reports. Meridian City Council April 15, 2003 Page 36 of 51 De Weerd: Okay. Brad, have we -- do we have standards for that, so some of the issues of roots pushing asphalt up and those kind of things have -- do we have anything to kind of deal with standards on these micropaths? Hawkins-Clark: Mayor and Councilwoman de Weerd, we have no adopted design standards in the zoning ordinance or subdivision ordinance at this point in time. The parks department in their master comp plan, which is yet to be a dopted, does have three different types for the public pathway system that talk about widths of the hard surface and the landscaping on both sides, but in a subdivision where they are providing their open space and the design issue certainly will come up and we do have a condition in their preliminary plat that talks about the drainage can't come off and settle at the bottom of these fences that are along both sides of that 20 foot open space. You know, they are going to have to be shorter fences. So, the preliminary plat does put a few conditions on the design of these, but in terms of adopted ordinances, no, we don't, other than our -- just a micropath, which, like I say, is just 250 feet, it's just intended to sort of connect two streets or to connect two subdivisions or to connect to a school, but in a longer linear open space like this, it's really just case-by-case in terms of the design standards. Corrie: That brings up a question. Is that going to be turned over to the homeowners, then, after it's in, thatthey have to keep it up? Arnold: They will maintain that pathway. Corrie: Okay. Arnold: If I can follow up on some of the comments. My client is the same client that did Bristol Heights. They are -- I don't know if you're familiar with that. They have extensive pathways throughout there and I know that from their experience there that they are going to make sure that whatever planting that's put in there doesn't hinder or reduce the micropath or the longevity. So, you're not going to get roots pushing things up. De Weerd: Thank you, Steve. Corrie: That's good, because we don't want to get complaints later. Thank you. Okay. Any other Council questions? Okay. I will entertain a motion on the request for final plat approval of Baldwin Park NO.3 with the conditions. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for final plat of 41 building lots and ten other lots on 15.01 acres in an R-8 zone for Baldwin Park No.3 by Capital Development, to -- I think there was an issue on item number 8-A, to just add the -- to prohibit conifers, but Meridian City Council April 15, 2003 Page 37 of 51 allow the Engleman Spruce trees and to ask the attorney draw of up Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. De Weerd: Oh, Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: If we can note the date of the final plat, just for a reference point. Hawkins-Clark: It is the one submitted with the application. March 14, '03. De Weerd: Thank you. Corrie: Okay. Motion has been made and seconded to approve the final plat with the conditions as noted. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Request for final plat of Baldwin Park No. 3 IS approved with conditions. MOTION CARRIED: ALL AYES. Item 17: Item 18: Item 19: Public Hearing: AZ 02-031 Request for annexation and zoning of 39.05 acres from RUT to R-8 zones for proposed Castlebrook Subdivision No. ~ by Crestline Development, LLC - 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane: Public Hearing: PP 02-032 Request for Preliminary Plat approval of 150 building lots and 9 other lots on 39.05 acres in a proposed R-8 zone for proposed Castlebrook Subdivision No.2 by Crestline Development, LLC - 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane: Public Hearing: V AR 03-005 Request for a Variance to allow certain blocks to exceed 1000 foot maximum length and certain block lengths to be less than 500 foot minimum for Castlebrook Subdivision No.2 by Crestline Development, LLC - 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane: Corrie: Item No. 17, 18, and 19 are public hearings. Item No. 17 is a request for annexation and zoning of 39.05 acres from RUT to R-8 zones for proposed Castlebrook Subdivision No.2 by Crestline Development, LLC, 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane. Item No. 18 is a Public Hearing, Meridian City Council April 15, 2003 Page 38 of 51 request for preliminary plat approval of 150 building lots and nine other lots on 39.05 acres in a proposed R-8 zone for proposed Castlebrook Subdivision NO.2 by the same development company. And Item 19 is a Public Hearing, request for a variance to allow certain blocks to exceed the thousand foot maximum length and certain block lengths to be less than 500 foot minimum for Castlebrook Subdivision No.2. So, if -- hearing no objections, I will open the Public Hearing on all three pu blic hearings, 17, 18, and 19 to hear testimony on all three at one time and, then, we will take them separately as we vote. So, I will open the public hearings and invite staffs comments. Hawkins-Clark: Mayor, Members of the Council, on the first item, the annexation and zoning request, they are proposing an R-8 zone. Castle brook Subdivision No. 1 does abut to the west, which has frontage on North Black Cat Road. That also has an R-8. The access to this Castlebrook No. 2 would be taken off of an extension on El Gato, which is in general alignment with Pine further to the east. The Parkside Creek Subdivision and Western Ada County Recreation District's Fuller Park are on the north side. That is an R-4 zone. All t he other properties that surround to the east a nd the south are still in Ada County and have the RUT. The Comprehensive Plan has this whole area as medium density residential and the R-8 request does fit with that. On the next item, the request for the preliminary plat -- and, again the subdivision is proposed to take access off of EI Gato at a single point. They do have Ten Mile Creek that runs along the entire north boundary and, again, the public park is on the north side of Ten Mile Creek. They are proposing 150 building lots. They have 6,500 square foot minimums. There is not a planned development application associated with this subdivision, so they are proposing to conform to our R-8 minimum standards, 65 foot frontages, 6,500 square foot lots. T he request initially of staff was made to create a connection internally here. They, originally, had just a large single block in here. That modification was made to provide better circulation internal to the subdivision. Castlebrook 1 was approved with just a single stub street and, of course, they are proposing to extend that into -- into this subdivision. The Planning and Zoning Commission made a recommendation on the plat to have a five foot wide asphalt pathway constructed along the north, the Nampa-Meridian Irrigation District lot and this is fee simple ownership by Nampa-Meridian, it's not an easement. The applicant's property line does stop at the Nampa-Meridian south boundary there of that Ten Mile Creek separate ownership there. However, the recommendation was for them to get a license agreement to do that. They are also proposing some kind of a bridge connection that is -- that would provide access from their subdivision to the park and that's item number one on the recommendation on page two and the one change I would suggest to that is on the last sentence, talking about when the pathway and the culvert, which is what Nampa-Meridian Irrigation District has, I understand, recommended to the applicant is the culvert instead, that those -- currently it says it should be constructed prior to the sale of any lots adjacent to the pathway. I'd recommend that we change that to prior to the first certificate of occupancy of any lots within that phase. I think, you know, there is -- it's a little bit vague in there in terms of when -- I guess the question is if they are unable to get the license agreement, which is a different time frame, that's, actually, required prior to signature of the final plat of the first phase. So, 0 bviously, that's going to dictate quite a bit. The license agreement with Nampa-Meridian is going Meridian City Council Apr1l15, 2003 Page 39 of 51 to have to be submitted to the city engineer prior to the city's signature. I guess it somewhat depends on what that license agreement states. You know, we need to -- we have had a request from Nampa-Meridian to release funding that we have had for three years for Thousand Springs for bridges that were approved as part of Thousand Springs across the Ridenbaugh Canal. That's never happened, so the applicant's wanting to receive their money -- their surety back from the Highway District, because no agreement was ever reached. Obviously, this is a little bit different than the Ridenbaugh in terms of volume and size, but I think it's still a concern as to when we are going to get that connection and, frankly, if there can't be an access across there to the park, I think that we would like to see more discussion happen. I think that's a -- part of the density, you know, that we are supporting that comes because they do have access to the park across the Ten Mile. I think it's still important to clarify that first condition as to when -- when the path and culvert are actually constructed. The phasing plan that was submitted, generally, they are proposing to start here on the western half, come down, take in just kind of the frontage of the large open lot here and, then, come down on the east side of the entry drive. So, that would, obviously, include building the pathway up to this park in terms of phase one improvements and, then, the balance of it would come in when their final plat for phase two for this western -- or this eastern half comes through. I think the last comment I would make relates to item four on page three, talking about the fencing plan. I think you probably would best -- the condition would best go in the annexation -- it could go in both, but that we add that an open vision fence or a four foot solid fence be constructed along all of these lots on the north boundary adjacent to the pathway and I understand that Mr. Amar is looking at a four foot vinyl, so I think we just would like to get that onto the -- into the conditions, so that we can -- our building department can inform those property owners when they come through that they are restricted on those fences. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Brad, is there anything in the conditions or in the discussion about those fences that front that large open space lot -- or not front, but the back lines of those? Has there been any discussion about the height of those fences? Hawkins-Clark: Right. Mr. Mayor, Mr. Nichols, the landscape -- or the subdivision ordinance only deals with fencing adjacent to micropaths. So, any additional fencing restrictions that the city wants to place would have to be put, you know, as separate conditions, because the ordinance doesn't address it. But the recommendation does not, it simply deals with the fencing next to the micropaths and, t hen, the 0 ne I just added deals with the pathway along the Ten Mile Creek. But I think that's a good point, that you have got that green open space that would also -- but I think in other subdivisions they have gone with four foot -- four foot maximum around that open area. And, then, the last item deals with the variance request and staff has to apologize, we did not prepare a written staff report on this. That kind of got by us. But to tell you what their application is proposing, the red arrows are pointing to blocks that are greater than Meridian City Council April 15, 2003 Page 40 of 51 a thousand feet in length. The black ones are pointing to blocks that are shorter than 500. Certainly, Block 4, which is on the north -- Parkside Creek did not provide any stub streets and you have got the Ten Mile that has, obvious, restrictions in terms of vehicular access. So, that's a pretty clearcut case for a variance. The shorter block lengths are ones that as we have talked about in past hearings that Council is supportive of and probably should be removed from the ordinance. They do have a little bit of a design constriction in that they have the Ten Mile and EI Gato. The other two block lengths that are longer could be taken care of if they provided two access points off of EI Gato. They basically say in the variance application that that's an esthetic __ that's the only main argument is that it's esthetic, so they can get one point of access and provide, you know, a visual corridor into their open space area, which is good planning and makes sense. I don't think that they meet the finding that says that the hardship is not created by them. I mean, certainly, providing two points of access off of EI Gato would eliminate the southern two block lengths being -- exceeding a thousand feet, but I would request the applicant address that, I guess, during their testimony. Corrie: Thank you, Brad. Any questions of staff at this point? The representative of Castle brook. Is the testimony you are about to give the Council the truth, the whole truth, and nothing but the truth, so help you God? Amar: Yes, sir. Thank you, Mr. Mayor and Council Members. For the record, my name is Kevin Amar, address 114 East Idaho, Suite 230, here in Meridian. I will be as brief as I possibly can. With respect to the staff comments and the recommended conditions of approval that were placed on us by the Planning and Zoning Commission, we have no disagreements or no questions about those. We are in agreement with all of those conditions of approval. So, unless you have questions of those I won't address those further. W hat I will address is some of the comments related to the subdivision, the design, the pathway, and the variance request as we see here tonight. The subdivision itself, as was noted, has 150 lots. When we did Castlebrook phase one -- or subdivision number one -- I think it was last September, at that time this property owner -- upon that approval this property owner approached us. When we looked at this property and in speaking with that property owner, also with Nampa-Meridian Irrigation District, he does, in fact, own this property and it was determined that we could provide a pretty nice pathway -- obviously, this pathway is going to be owned and maintained by the homeowners association, its not something that we are looking to have the city maintain in any way. But also looking at this bank that is along here and, typically, these drains can be somewhat of a sight nuisance. The Irrigation District will maintain it enough for them to drive up and down it, but as far as weeds growing or, actually, what it looks like, they burn it once in the spring. I'm sure you're all aware of what they do. What we talked to Bill Henson and John Anderson of Nampa-Meridian Irrigation District about is providing the pathway in here, landscaping this, and maintained by the private homeowners association and, then, this pathway -- the actual pathway along this portion would be offset enough for vehicular traffic from Nampa-Meridian Irrigation District to still travel up and down that without -- with their track vehicles and things of that nature, without tearing up that pathway. Any damages that is done to the landscaping, that's something we will deal with and we, being the homeowners Meridian City Council April 15, 2003 Page 41 of 51 association, will maintain it. But that provides something of the esthetics to the subdivision that all these neighbors back up to something that looks nice, rather than a weed distraction and a fence with weeds growing along it that mayor may not be maintained. With respect to the culvert, we initially proposed a bridge. At that point Nampa-Meridian Irrigation District asked that we make it a culvert. We will do a culvert and it will still look like a bridge for all intents and purposes, but less maintenance for the Nampa-Meridian Irrigation District. We have no issue with that. With respect to the block lengths, this project -- initially when we had this project -- and on the variance this Block 9 was also in the variance requested, it did exceed the thousand foot maximum. When I initially did this, there was a cul-de-sac at this point. It was requested by staff that we punch that road through creating this block to be too short and this block still to be too long. Prior tot hat this block was extremely long. I n doing that, we requested these three blocks to be granted a variance for the minimum block length and, then, the rest of them, with the exception of this one -- I think it's easier to show the rest of them and point out which ones those are -- to have a maximum block length variance granted. Our desire is to bring one street in and that's street be a collector. As you can see, there is some center islands and one point of entrance into this subdivision, still providing, however, that the secondary access that will be required by the fire department. And on our phase one we will actually include this point of access and this point of access will not be developed until Castlebrook Subdivision No.1, phase number two, is built a nd a pproved and t he connectivity is t here. So, 0 ur desire is to have one point of access. We did go over with your staff, Dave McKinnon, on two points of access and at that time it was determined that by all parties that it's a better visual effect to have that one point of access, safer for all the parties involved, keeping more traffic off of -- which will be in the future a very main road extending from -- well, I guess in the future it would extend into Boise when it gets built and, then, all the way out to Canyon county. We provided you a packet with this subdivision. I don't know if you have had a chance to look at it. One of the items in there -- we did have a neighborhood meeting prior to this application being heard and one of those requests was that these lots be a larger house to buffer to be more compatible with those lots across the -- across the Ten Mile Creek. Consequently, any lots that back up to -- adjacent to the pathway will be required to have a 1,600 square foot minimum home size. That was done in order to accommodate those neighbors that lived on the other side of the Ten Mile Creek. Again, I guess I forgot with respect to the pathway, we will obtain a license agreement prior to final plat approval. We have spoken with John Anderson, we have spoken Bill Henson at Nampa-Meridian Irrigation District, this is no problem whatsoever, they will agree to it, and that will be in place prior to the final plat approval. With respect to path construction, we will build that at the time this subdivision or that phase is built and Brad is correct, the first phase comes up through here, about 75 lots in each phase. We will build that pathway at the time that the subdivision is built. We don't want improvements taking place behind houses after people are living there, with the caveat that if this is built is late November, obviously, we won't landscape it until April when water is back on, so grass and trees don't die. With respect to the fencing, there will be four foot vinyl fencing on all common areas, which would be this pathway, also on the park, and there will be a four foot vinyl fencing that we will install as part of the development. I believe those are the questions that were brought up and I would be Meridian City Council April 15, 2003 Page 42 of 51 happy to answer any additional questions, should there be any, but we are in agreement with the staff report and the recommended conditions of approval and we would ask tonight that we be approved -- annexed and zoned and approved for 150 lots for Castlebrook No.2. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I know there has been some concern on the pathway up in Coral Creek and whatever the other subdivision is and I do understand that the homeowners association will be maintaining this. Is -- are the standards going to be different with -- I don't know -- I know our parks department has been working on standards within their master planning, but could you work with them in making sure that the pathway that is constructed is not going to be similar to that in the other subdivision? Amar: Mr. Mayor, Councilmemberde Weerd, yes, I have seen the pathway at Coral Creek and it leaves something to be desired. We will work with them and do -- it's our intent that we will -- we will do the actual landscaping, we will do the improvements, so it's not something that's left to the homeowners to do in the future or the city to do in the future. I understand possibly at Coral Creek that's something the city will develop. I'm not real familiar with that pathway or how it came about. But I will discuss it with the parks director and we will come up with something not only that will be beneficial, but will also be compatible with what will be here in the future on the other side of Ten Mile Creek. De Weerd: Now, the second question I have is on ground water. Is that area -- are you going to have to bring in fill or is the ground water level there okay? Amar: It is okay. We have ongoing monitoring, materials testing, and inspection and we did dig test holes in this area and the park will also be a retention, detention facility. It's in the lower area, but it will meet your standards, it won't hold ground water -- or it won't hold storm drainage, rather, it would be free draining at all times and will have to do that. And our ongoing witnesses -- or inspection of those test wells indicates that we will have no problem accomplishing that. De Weerd: And you have a fencing plan for that green space? Amar: Yes. We want a continuation of the four foot vinyl fence here and, then, it will continue up here and your micropath and, then, all the way down. So, it's going to have a continual fencing, something that we will install as we build the subdivision. De Weerd: Okay. Thank you. Amar: You're welcome. Meridian City Council April 15, 2003 Page 43 of 51 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Just so J'm clear, on this drawing I heard Brad say that the property line for the subdivision runs right to the edge of the property owned by Nampa-Meridian Irrigation. So, is this pink line the property line or this is this black line the property line? Because you said you were landscaping and I don't know what part you were landscaping. Amar: We are landscaping all the way up to -- we will be landscaping Nampa-Meridian's property. Nary: Oh. Okay. Amar: This black line is the property line, but we will be landscaping up to the Nampa- Meridian Irrigation District property. Nary: Okay. Just -- totally just my own ignorance, but what is the difference between a culvert and a bridge? Amar: A bridge is a free span, a culvert is, actually -- it's got a pipe. It's easier to maintain a culvert, because you don't have to maintain underneath it, as you would with a bridge. Nary: I see. Okay. Now, is there access into the park site? It's not fenced all the way around? Amar: It is not. Can we go to the previous -- the area map, please? The park would be in about this location. I do have pictures I can show you, but it is not fenced all the way- - it is not fenced at all, with the exception of maybe Parks ide Creek Subdivision. The balance of this is an open -- there is a pathway that extends all the way down, so this culvert or this crossing that we will put in here will actually connect with that pathway that's already existing. Nary: And will that pathway -- this micropath that you're building along this property line here, does it connect to anything over here? Is there one right here? Does it connect through there? Amar: This is Castlebrook Subdivision No.1. There is a common area in the corner at this location also, so there will be a connection at that point to this pathway, so people can access -- I guess, for that matter, they can access from Coral Creek all the way down and access the other side of the Ten Mile. Nary: How big is the common area here on -- Amar: Twelve thousand square feet, I believe. Meridian City Council April 15, 2003 Page 44 of 51 Nary: On that -- Brad, could you go back to the other layout? In looking at this football field that you have right here, is there any -- is there anything else in here? Is this just grass? Amar: A lot of it will be grass, but we will be providing a recreation area also. This is a picture of one that we did in another subdivision. Nary: So, the intent is to provide some recreation area I guess close to the street area side or what? Amar: Yeah. Up in this area and leave the balance of it for kids to play soccer, football, whatever they want to play. But it's a large open area, so they can play. Nary: And I notice that in here there is some -- these little micropaths for these streets, but I didn't see a whole lot of connection from the southern half here to get up here. Is just the intent is just sidewalks all the way around? Is that the intent? Amar: Yes, sir. Nary: Okay. Amar: I do have my human easel standing off to my right. This shows both Castlebrook Subdivision No.1 and NO.2. This is the common area in number one. We will connect with this common area NO.2. That pathway will continue on through to this location, so that people can get access to the western -- I don't know what they call it, western Ada County park. Nary: Fuller Park. Amar: Yeah. Corrie: Question. If J was to buy a house backing up to that football field and it's a four foot vinyl fence, what if I wanted to put a gate in there? Amar: That is allowed. Gates are allowed. Obviously, access is allowed onto that. Corrie: So, they can put a gate in if they want? Amar: Yes, sir. Corrie: Any other questions? Okay. Amar: Thank you. Well, I think unless you have other questions, I don't know that Ms. Wildwood or Mr. Nickel need to speak. Meridian City Council April 15, 2003 Page 45 of 51 Corrie: Shawn and Susan, do you want to testify? Okay. Is there anybody else that would like to testify in this? Okay. Evidently, you have done a pretty good job for us here. Okay. Council, any other questions in regard to the Public Hearing? Okay. Then, I will entertain a motion to close the Public Hearing on the request for annexation and zoning and preliminary plat and request for variance, if there is no further questions. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we close the public hearings AZ 02-031, the annexation and zoning of 39.05 acres from RUT to R-8 for Castlebrook Subdivision No.2, also Public Hearing PP 02-032, the request for preliminary plat approval of 150 building lots and nine other lots, and also VAR 03-005, the request for variance to allow certain blocks to exceed 1,000 feet max and certain blocks to be less than 500 feet minimum for Castle brook Subdivision No.2. Corrie: Do I hear a second? McCandless: Second. Corrie: Motion has been made and seconded to close the Public Hearing on the request for annexation and zoning, preliminary plat, and variance. Any further discussion? All those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Any further discussion? Let's take Item No. 17, request for annexation and zoning of Castle brook Subdivision NO.2. Bird: Mr. Mayor? Corrie: Yes, Mr. Bird. Bird: Before we make a motion or anything, I'd like to comment to the applicants on this subdivision. I think that for the property they got back there that's about the only thing -- the only way you could do it and I think they went out and saw a lot of resources and talked to a lot of people and have come up with a very, very nice plan for this area and I appreciate it. Corrie: Thank you, Mr. Bird. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council April 15, 2003 Page 46 of 51 De Weerd: Before Mr. Nary makes a motion, I just wanted to ditto that -- and because he asked the questions. And I appreciate the connectivity across the street to the school, you know, because a lot of kids will probably be in that subdivision and now they have the access to go across the ditch to school. Looks nice. Corrie: I will entertain a motion from Mrs. de Weerd on Item No. 17, request for annexation and zoning. De Weerd: Okay. Mr. Mayor -- whether I asked a question or not, still end up doing it. I move we approve the request for annexation and zoning of 39.05 acres from RUT to R- 8 zones for proposed Castlebrook Subdivision NO.2 and to assure that the fencing plan is open vision and -- and/or no taller than four feet high and I know there was something about the last sentence of one of the conditions about the pathway and the culvert and when it was constructed prior to certification of occupancy on the phase -- what was it? Does that serve your purpose? Corrie: That was pretty close. De Weerd: To include all staff comments and -- oh, and any applicant replies. Bird: I'll second that. De Weerd: Well, can I ask for Findings of Facts and Conclusions of Law and Decision of Order? Bird: Now I will second. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: Okay. All ayes. Motion for annexation and zoning with conditions is approved. MOTION CARRIED: ALL AYES. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we approve the request for preliminary plat of 150 building lots and nine other lots on 39.05 acres in a proposed R-8 zone for the Castlebrook Subdivision NO.2 and ask the Mayor or -- I'm sorry. Not the Mayor, please. He may not be able to write Findings of Facts and Conclusions of Law and Decision of Order and to include all comments. Meridian City Council April 15, 2003 Page 47 of 51 Bird: Second. Corrie: Let the record show that J did take some law classes, but, you're right, J don't want to do that. Okay. Any other discussions? Okay. It's getting late, so we know we are passed 9:30. All right. Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES. Corrie: Mrs. de Weerd. De Weerd: Oh. Mr. Mayor, I approve -- I mean I move that we -- I'm getting overconfident here -- that we approve the request to allow certain block lengths to exceed 1,000 foot maximum length and certain block lengths to be less than 500 foot minimum for Castlebrook Subdivision No.2, as shown on the map and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay. You have heard the motion and second. Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: On this particular one noted that we have a meeting on the 29th of this month with the Planning and Zoning Commission, a joint workshop. I would ask that of the planning staff that we have this discussion about this particular ordinance on that, because we have granted a variance every time. So, we need to change the ordinance, because it doesn't make much sense to keep doing that, so we can get that process going on that. But, other than that, I don't have any -- De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Even though this is not the place to have this discussion -- just the place to put it -- I -- we do have on the agenda discussion of the ordinances that Brad gave us at the strategic planning and prioritize it, so it will certainly be on the list for discussion. Nary: Great. Corrie: Glad to hear that. I don't know what all was on the agenda. Okay. Mr. Berg. Meridian City Councll April 15, 2003 Page 48 of 51 Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Motion is approved for the variance. MOTION CARRIED: ALL AYES. Item 20: Public Hearing: RZ 03-001 Request for a Rezone of 6.95 acres from L- o to L-O and C-G zones for Mallane Commercial Complex by The Land Group, Inc. - north of East Fairview Avenue and west of North Eagle Road: Corrie: Item No. 20 is a Public Hearing. This is a request for a rezone of 6.95 acres from L-O to L-O and C-G zones for Mallane Commercial Complex by Land Group, Inc., north of East Fairview and west of North Eagle Road. At this time I will open the Public Hearing and have staff comments first. Hawkins-Clark: Mayor, Members of the Council, this property was annexed to the city and zoned Limited Office in 1992, a part of the Capital Christian Center project. Then, in March of 2001 Council did approve a plat for the property under the name Mallane Commercial Complex. The 2002 Comp Plan does designate the property as commercial. A s you know, the Lou ie's Restau rant sits in the center of this triangular shaped parcel that is west of Hickory and north of Fairview. The requested rezone __ this map does not - - does not show t he plat, t hat plat has not been, I don't believe, recorded yet, so it's not showing up on Ada county's base map data, just what we have here. But the -- four of the five subdivision lots are proposed to go to a C-G zone, which is similar to much of the -- of the Fairview frontage. The proposal is to leave the lot that is in the pending final plat that's adjacent to Dove Meadows Subdivision L-O, Limited Office, so that that would protect the integrity there. They do have other conditions that are related to the buffering along that shared boundary between the residential subdivision and this commercial development. The Planning and Zoning Commission did recommend approval. I think the main thing to just emphasize is that they're -- they are not proposing any changes to the plat that had the 20 foot wide buffer requirement and there is, actually, a wall that's required along that shared boundary. So, in terms of the impact, I think that's pretty well taken care of by just keeping that Limited Office and just doing the Franklin frontage -- or the Fairview frontage as C-G. Yeah. The recommendation should have been received by the city clerk's office March 26th. We just had our standard conditions, there weren't any site specifics on this application, so it should be a pretty straight forward request, I guess. That's all we have. Corrie: Any questions of Council for staff? Nary: Mr. Mayor? Corrie: Mr. Nary. Meridian City Council April 15, 2003 Page 49 of 51 Nary: Yeah. There was this -- I noticed this one condition about alternative transportation program that's an ACHD recommendation, the special recommendation. I guess I hadn't notice that. Is that pretty common? I hadn't seen that before and I don't know how in the world you can have a lot of alternative transportation right there. I'm not riding a bicycle down Fairview right there. I'm not sure what alternative they are talking about. Is that pretty common? Hawkins-Clark: Councilman Nary, they do include that as a recommendation in the majority of commercial projects that have more than a single development or single building and you will see it in a lot of the Silverstone applications, Resolution Business Park applications, they will often include that. It is a very optional kind of thing that -- the commuter ride people work with the future business owners to try to get car pool incentives to their employees and things like that. Nary: Thank you. That's great. Thanks. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess just to have on the public record, the traffic light there at Hickory Way and Fairview, that's scheduled for 2007 or 2008? Corrie: 2007. Maybe earlier with the -- Nary: I think you're right. Corrie: Maybe we can get it quicker. Okay. Hawkins-Clark: I don't see -- I'm sorry, Mr. Mayor. I see that they are -- there is a 3,200 dollar deposit to the public right-of-way trust fund for this development's cost share of that signal. I don't see the date specific in their staff report, but I do think it was 2007. Corrie: Okay. Thank you, Brad. Is the representative here this evening? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Hepworth: Yes. For the record, Russ Hepworth with the Land Group. We have read the conditions of this, as far as Planning and Zoning's comments and staff report and we agree to everything that -- that's in the staff report and I'm here to answer any questions, if you have any. Corrie: Okay. Thank you. Any questions? Okay. Thank you very much. Is there anyone else that would like to issue testimony? Okay. Hearing none, Council, any questions on the Pu blic Hearing before we close? 0 kayo I'll entertain a motion to close the Public Hearing, then, hearing none. Meridian City Council Aprll 15, 2003 Page 50 of 51 McCandless: Mr. Mayor, I move we close the Public Hearing. Corrie: Okay. Motion has been made. Do I hear a second? Nary: Second. Corrie: Motion has been made and seconded to close the Public Hearing on the request for rezone of Mallane Commercial Complex. Any further discussion? All those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRI ED: ALL AYES. Corrie: Further comments? Hearing none, then, I will entertain a motion for the request for a rezone. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve the request for rezone of 6.95 acres from L-O to L-O and C-G zones for Mallane Commercial Complex by the Land Group, Incorporated, north of East Fairview Avenue and west of North Eagle Road, and for the attorney to draw up the proper papers. Nary: Second. Corrie: Motion has been made and seconded to approve the request rezone. Any further discussion? Roll-call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Just before we move off of this topic, if our liaison can please go back and stress again the need and desire for a traffic light at Hickory Way and Fairview. I know money is tight and that's -- 2007 is a long way off and this certainly could use a traffic light. So, just my editorial comment. Corrie: Okay. Any other comments? Meridian City Council April 15, 2003 Page 51 of 51 Nary: Not until after we close. Corrie: Okay. Motion has been made to close the meeting. Do I hear a second? McCandless: Second. Corrie: Motion has been made and seconded to close the meeting. All in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: We close at 9:45. MEETING ADJOURNED AT 9:45 P.M. \\\lllIlHlrlfll/ S- / 6 / {} 3 ~,\\~~ Of ~~-R,4~t'/.t'lDA TE APPROVED .f er ..-' ~'~'1r. Yy.t~ S ~QJ~- ~o S ~ ~ ~ - ~ - ; = - - - April 1 1, 2003 AZ 02-032 April 1, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Centennial Development. LLC ITEM NO. 3-C; REQUEST Findings for Denial - Request for annexation and zoning of 5.0 acres from from RUT to R-2 zones for proposed Northbridge Subdivision - west of North Meridian Road on West Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HJGHWA Y DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: . Contacted: Qhouh) tJ \ Glut) See Attached Findings wvJJ Date:~ Phone: q,sS ~5~1 jJ L-!f..\, Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM RECEIVED APR 0 8 2003 City Of Meridian City Clerk Office To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Northbridge Subdivision by: Centennial Development, LLC - Case No. AZ-02- 032 Date: April 8, 2003 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL, pertaining to the above matter. Please note this application was denied at the City Council meeting of Aprill, 2003. These Findings are now ready to be placed upon an upcoming City Council agenda. If you have any questions please advise. Z:\Work\M\Meridian\Meridian l5360M\Northbridge Sub AZ-D2-032 PP-02-D32 MI-03-013\Berg Z Denial MemO 0408 03.doc BEFORE THE MERIDIAN CITY COUNCIL C/C 04-01-03 IN THE MATTER OF THE ) REQUEST FOR ANNEXATION ) AND ZONING OF 5.0 ACRES ) FROM RUT TO R-2 ZONE FOR ) PROPOSED NORTHBRIDGE ) SUBDIVISION, LOCATED ON THE ) SOUTH SIDE OF WEST USTICK ) ROAD, APPROXIMATELY ~ MILE ) WEST OF NORTH MERIDIAN ) ROAD, MERIDIAN, IDAHO ) ) BY: CENTENNIAL ) DEVELOPMENT,LLC, ) ) APPLICANT ) ) Case No. AZ-02-032 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL The above entitled annexation and zoning application having come on for public hearing on March 25,2003 and continued until April 1, 2003, at the hour of7:00 o'clock p.m., Brad Hawkins-Clark of the Planning and Zoning Department, Kevin Amar, and Wanda Palmer, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for March 25, FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL I CENTENNIAL DEVELOPMENT, LLC REQUEST FOR RUT TO R-2 FOR PROPOSED NORTHBRIDGE SUBDIVISION (AZ-02-032) Page 1 2003 and continued until April 1, 2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the March 25, 2003 and continued until April 1, 2003, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code SS67-6509 and 67-6511, and SSll-2-416E and 11-2-4l7A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title II, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6,2003, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 5.0 acres in size and is located on the south side of W. Ustlck Road, approximately 14 mile west ofN. Meridian Road, Meridian, Idaho. The property is designated as Medium Density Residential. 5. The owner of record of the subject property are John and Leta Barton, 355 W. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL / CENTENNIAL DEVELOPMENT, LLC REQUEST FOR RUT TO R-2 FOR PROPOSED NORTHBRIDGE SUBDNISION (AZ-02-032) Page 2 Ustick Road, Meridian, Idaho 83642. 6. Applicant is Centennial Development, LLC, 114 E. Idaho Avenue, #230, Meridian, Idaho 83642. 7. The property is presently zoned by Ada County as RUT, and consists of vacant land. 8. The Applicant requests the property be zoned as R-2 (Rural Low Density Residential) . 9. The subject property is bordered to the north by a proposed City park (zoned L- 0), to the south by Salisbury Lane Subdivision (zoned R-4), to the east by rural residential (zoned RUT, Ada County), and to the west by rural agricultural (zoned RUT, Ada County) and Strasser Farms Subdivision (zoned R-4, Ada County). 10. The property which is the subject of this application is within the Area ofhnpact ofthe City of Meridian, and the entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 11. The Applicant proposes to develop the subject property in the following manner: Residential subdivision consisting of9lots (5 residential, 4 conunon) at a density of 1 dwelling unit per acre. 12. The Applicant requests zoning of the subject real property as R-2, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential, (Note No.2 on map allows for residential development that is one "step" higher or lower than the map designation without a Comprehensive Plan Amendment). FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL / CENTENNIAL DEVELOPMENT, LLC REQUEST FOR RUT TO R-2 FOR PROPOSED NORTHBRIDGE SUBDIVISION (AZ-02-032) Page 3 13. The Meridian City Council recognizes and takes notice of the concerns of Wendel Bigham, Joint School District No.2, dated January 7,2003. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. The parcel proposed for annexation is adjacent to a residential parcel owned by the same owner as this parcel. The owner does not wish to annex both parcels. Unless both parcels are annexed, an enc1aved county parcel would be created. Existing City policy discourages annexations which result in enclaves because enclaves create jurisdictional issues regarding law enforcement and code enforcement. 16. It is not in the best interests of the City of Meridian to annex this property. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11-2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The City Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use PlalU1ing Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL / CENTENNIAL DEVELOPMENT, LLC REQUEST FOR RUT TO R-2 FOR PROPOSED NORTHBRIDGE SUBDMSION (AZ-02-032) Page 4 02-382. 4. The requested zoning of Rural Low Density Residential (R-2), is defined in the Zoning Ordinance at 11-7-2 A. as follows; (R-2) Rural Low Densitv Residential District: The purpose ofthe R-2 District is to permit the establishment of rural low density single-family dwellings, and to delineate those areas where predominantly rural residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of rural residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R- 2 District allows for a maximum of two (2) dwelling units per acre and requires connection to the Municipal water and sewer systems ofthe City. 5. That in ~ 11-2-417 A it provides in part that "If the Commission and Council approve an annexation request, the Commission and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive Plan." 6. Idaho Code ~ 67-6511(c) provides in matters where the City Council is considering a zoning designation application as follows; "If the request is found by the governing board to be in conflict with the adopted plan, or would result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction, the governing board may require the request to be submitted to the planning or planning and zoning commission or, in absence of a commission, the governing board may consider an amendment to the comprehensive plan pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code. After the plan has been amended, the zoning ordinance may then be considered for amendment pursuant to section 67-6511(b), Idaho Code." 7. Idaho Code ~ 67-6512 (a) provides the authority to grant special and/or conditional use permits" . . . . when it is not in conflict with the plan." [referring to the Comprehensive Plan.] 8. The City's authority to make and enforce ordinances are confined to FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ AND DECISION AND ORDER OF DENIAL / CENTENNIAL DEVELOPMENT, LLC REQUEST FOR RUT TO R-2 FOR PROPOSED NORTHBRIDGE SUBDIVISION (AZ-02-032) Page 5 within the City's boundaries as provided in Article XU S 2 of the Constitution of the State ofIdaho. 9. The provisions ofLC. S 50-222 govern the conditions upon which the City may exercise its authority to annex territory, but the exercise of that authority is discretionary as detennined by the City Council. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: 1) That the application for annexation is denied for the following reasons: a. The parcel proposed for annexation is adjacent to a residential parcel owned by the same owner as this parcel. The owner does not wish to annex both parcels. Unless both parcels are annexed, an enc1aved county parcel would be created. Existing City policy discourages annexations which result in enclaves because enclaves create jurisdictional issues regarding law enforcement and code enforcement. b. It is not in the best interests of the City of Meridian to annex this property. 2) Based upon the section set forth in item no. 1 the application for zoning designation is dismissed. 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 annexation and zoning may within twenty-eight (28) days after the date ofthis decision and order seek a judicial review as provided FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL! CENTENNIAL DEVELOPMENT, LLC REQUEST FOR RUT TO R-2 FOR PROPOSED NORTHBRIDGE SUBDIVISION (AZ-02-032) Page 6 by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the I ~ day of I9Jnd- ,2003. ROLL CALL: COUNCILMAN BIRD VOTED fjC~ COUNCILWOMAN deWEERD VOTED ~a-- COUNCILWOMAN McCANDLESS VOTED ~t<-> COUNCILMAN NARY VOTED f;fe/L- ---- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 1--; ~ --tJ3 VOTED MOTION: APPROVED: rw- DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By:dI~p-~9- City Clerk Dated: Z:\Work\M\Meridian\Meridian 15360M\NOrlhbridge Sub AZ-02-032 PP-02-032 MI-03-013\AZ Denial Findings.doc FlNDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL! CENTENNIAL DEVELOPMENT, LLC REQUEST FOR RUT TO R-2 FOR PROPOSED NORTHBRIDGE SUBDIVISION (AZ-02-032) Page 7 April 11, 2003 P P 02-035 April 15,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Centennial Development, LLC ITEM NO. 3-\-\ REQUEST Findings for Denial -- Request for Preliminary Plat approval of 5 building lots and 4 other lots on 5.0 acres in a proposed R-2 zone for proposed Northbridge Subdivision- west of North Meridian Road on West Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: U \'\.(1! 1 J tJ ~) \ ~ J See Attached Findings ~ Date: 4~/I.DS Phone: q () g -;>-g 1;D t{, Materials presented at publiC meetings shall become property of the City of Meridian. ReEl APR 0 8 2003 interoffice City Of Meridian City Clerk Offioo MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichols Subject: NORTHBRIDGE SUBDIVISION BY CENTENNIAL DEVELOPMENT, LLC ! PP-02-035 Date: April 8, 2003 Will: Pursuant to City Council's action at their April 1, 2003, meeting, pertaining to the Annexation and Zoning application by Centennial Development, LLC for the proposed Northbridge Subdivision, and Council's denial thereof, please find attached the original ofthe FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT in Northbridge Subdivision. This may be presented to the Mayor to obtain his signature only after the City Council takes action adopting the Findings of Fact and Conclusions of Law and Decision and Order of Denial in Case No. AZ-02-032. After you have executed the Findings please present copies to the Applicant, Planning and Zoning, Public Works and the City Attorney. If you have any questions please advise. Z:\Work\M\Meridian\Meridian 1 5360M\Norlhbridge Sub AZ-02-032 PP-02-032 MI-03-013\Clerk Denial PP Memo 04 08 03.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04-01-03 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR NORTHBRIDGE ) SUBDIVISION, LOCATED ON THE ) SOUTH SIDE OF WEST US TICK ) ROAD, APPROXIMATELY % MILE ) WEST OF NORTH MERIDIAN ) ROAD, MERIDIAN, IDAHO ) ) BY CENTENNIAL ) DEVELOPMENT,LLC ) ) APPLICANT ) Case No. PP-02-03S FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on March 25,2003 and continued until April 1, 2003, at the hour of7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the City Council takes judicial notice of its action ofthe denial of the application for annexation and zoning in Case No. AZ-02-032, and the hearing was opened on the preliminary plat application and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, Kevin Amar, and Wanda Palmer, testified at the hearing, and the City Council based upon its Findings of Fact and Conclusions of Law and Decision and Order in Case No. AZ-02-032 does hereby deny the application for preliminary plat approval. FINDINGS OF FACT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT CENTENNIAL DEVELOPMENT, LLC FOR NORHTBRIDGE SUBDIVISION (PP-02-035) - 1 1. It is found that the Recommendation To City Council of the Planning and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the preliminary plat due to the denial of the annexation and zoning in Case No. AZ-02-032. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the denial of the annexation and zoning in Case No. AZ-02-032 the Council does hereby deny the application for preliminary plat approval. By action of the City Council at its regular meeting held on the I~~ay of ~ ,2003. ~' By ~~,{ ROBERT D. CORRIE Mayor, City of Meridian ByJl~~~f~ City Clerk Copy served upon Applicant, the Planning and Zoning Department, Public Works Department d C. A \\111111111111 an lty ttomey. \\\\\\ ~ Mf.-J.j;11111 \,\ "'" v' U::, tI~ 1111 ~~'d'-rOR. "1"". l'l~ ~ ;.q l'~ ~ $ "-"' 0 ~ ~ ~ - Lj-IE:--tJ3 i ~ Dated: Z:\Work\M\Meridian\Meridian 15360M\Northbridge Sub AZ-02-032 PP-02-032 MI.03-0l3\FFCLOrdDenyPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT CENTENNIAL DEVELOPMENT, LLC FOR NORTHBRIDGE SUBDIVISION (PP-02-035) -2 April 11, 2003 MERIDIAN CITY COUNCIL MEETING April 15, 2003 APPLICANT ITEM NO. 3- L.. REQUEST Approve Lease for Additional Office Space to Public Works I Building Department: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FI RE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: See Attached Memo / Lease ~ wfr Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. "City of Meridi@n fBl2JfDlic Works DeRf~ "", ',' " , '"" .;j' :.& ~,F'''''I n 6 i'lfPlli3 p: ,'I,;' ft liJU Memo l\1},J{orts DDfWE CITY Of' !:,l:SHmKA!i To: Mayor & Council From: Gary D. Smith, PE CC: file, City Attorney Date: April 9, 2003 Re: Proposal to Lease Space - 660 E. Watertower Lane / Attached is the proposal to add 2564 square feet of lease space for the City Public Works / Building Department. This added space brings the total leased space for the Building I Public Works / Planning & Zoning Departments to 8551 square feet. Also attached is a faxed copy of this lease as signed by Mr. William Hon, the building owner. The faxed copy is a little difficult to read, however, I did want you to be aware that he has previously signed this lease addendum. I did change the date of occupancy, after telephone conversation with Mike Ballantyne, the leasing agent from May 1, 2003 to May 15, 2003. City Attomey Nichols is reviewing the original lease to make sure there is a "no appropriation" clause that would allow the City to void the lease. The leasing agent reviewed his copy of our lease with me over the telephone and he and I believe that provision does exist in our present lease. I appreciate your approval of this proposal and if you have any questions please let me know. From the desk of... Gary D. Smith, PE Public Works Director Meridian Pubfic Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 887-1297 . Page 1 __ OLIVER .- COMMERCIAL REAL ESTATE March 24. 2003 Mr. Gary Smith City of Meridian 660 E. Watertower Lane Suite 202 Meridian. Idaho Re: Proposal to Lease: 660 Watertower Lane, Suite 150, Meridian, ill Dear Gary: Listed below are the terms and conditions under which William A Hon ("Landlord") will lease the office space located in Suite 150 at 660 Watertower Lane ("Premises") to The City of Meridian Public Works Department ("Tenant"). Premises Tenant is interested in leasing approximately 2.564 rentable square feet on the first floor ("Expansion Space"). Upon occupancy of the new premises. Tenant will vacate the approximately 724 RSF currently occupied on the first floor. Henceforth, the total space to be leased by the Tenant shall be 8,551 RSF. Im!! The term of the lease for the original premises and the additional space shall continue to be until March 31. 2006. Commencement & Occuvancv Date The commencement date and the date of occupancy shall be May 15. 2003. Rental Rate The base rent per rentable square foot per year on a full service gross basis ("Base Rentl!) for the Expansion Space shall be $16.00/SF. This rental rate shall adjust on April 1. 2004 to $16.50/SF and on April 1, 2005 to $17.00/SF. The base rent per square foot for the existing second floor space shall remain as per the lease agreement. Ontion to Extend Tenant's existing extension option offive (5) years for the Premises ("Extension Option") shall include the additional lease space. Tenant Imnrovements Tenant shall occupy the space as built~out. Landlord shall clean the space and repair all damage to the walls. City of Meridian Lease Proposal 4/9/2003 ParkinS! Privilee:es Tenant shall have the option to use, at no charge during the term of the lease and option period, for the use of Ten ant and its employees and visitors, of 4 parking spaces per 1,000 rentable square feet leased in the on-site parking area during the term of the lease and option period. All such spaces shall be available twenty-four (24) hours a day, seven (7) days a week, every day of the year. Access Tenant shall have 24-hour access to the premises. The building hours are from 8:00 AM to 6:00 PM, Monday through Friday and 8:00 AM to 1 :00 PM on Saturdays. Tenant shall be responsible for all costs related to business operations after normal business hours. Brokers Any leasing commissions related to this proposal transaction shall be paid by the Landlord per a separate agreement between Landlord and Thornton Oliver Keller Commercial Real Estate. All terms and conditions set forth above shall be subject to the satisfactory review by both Landlord and Tenant and their counsel of documents affecting the proposed Lease Transaction. The terms and conditions referenced above shall not be binding upon Landlord or Tenant until all of the following has occurred: (a) the Lease, and related documents have been approved by the Tenant, and (b) such Lease, and related documents have been fully executed by both Tenant and Landlord. Thank you for your time and effort in reviewing and responding to this proposal. Sincerely, THORNTON OLIVER KELLER CO:M:MERCIAL REAL ESTATE Michael J. Ballantyne, CCIM Associate Broker Accepted & Approved: LANDLORD: William A. Hon TENANT: City of Meridian By: By: Date: Date: MAR. 25. 2003 4: 55PM NO. 1691 P. 'X'HORN.....ON OLIVER 1(1,u'..l..E.R COMMERCIAL REAL ESTATE FACSIMILE TRANSMITTAL SHEET TO' GARY SMITH FAX NUMBER: 887-1297 COMPANY: CiTY OF MERIDIAN PHONE NUMBER: 898-5500 RE: SIGNATURE ON LEASE PROPOSAL - FROM: MINDY WALKER DATE: MARCH 25, 2003 TOTAL NO. OF PAGES INCLUDING COVER: 3 SENDER'S DIRECT PHONE NUMBER: 208-947-0802 SENDER'S FAX NUMBER: 208-947-0866 !2f URGENT 0 FOR REVIEW L!:1 PLEASE COMMENT 0 PLEASE REPLY 0 CONFIDENTIAL NOTP.~/COMME;NTS; Mr. Smith, The following fax is being sent to you per the zequest of Mike Ballan11'ne, 250 SOUTH FIFTH STREET. SECOND FLOOR, BOISE. IDAHO 83702 PHONE: 208-378.4600 · FAX: 208-947-0869 MAR 25 '03 16:06 PAGE.01 MAR,25.20034:55PM NO, 1691 p, 2 ~er ~~ ~4 11t~~8 IH keo_B 209-8'47-08G6 p.1 _ o.....~'" __ 1IIIi"....,..~,,.,.. ........L "'.r..l'. March 24. 200:1 Mr. Gary Smith City of Meridian 660 E. W~nower f-am: Suil-= 202 MCtldian, Idaho Rt: Propoaol to J.Nl'e: 6M Wntcnower LlUle, Suite 150, Meri~ian. JD Dear Gl'tr)': I.illted below are thc lCrmtl and condiIions under which WiUiillTl A.. film ("i..unl.lloru") wHl lea.~ the olJice:lpllCC lo~tl:d in Swte 1 SO ~t 660 WnlcrtowcI Lw ("Premi&~") to The City ofMctldian Publi~ Works Dcj"tDl't~nt (tll'cnanr'), PrcrRhw T;'nim'ls Intf!l'tlItted in ~qing approximatel)' 2,564 l"entlittle MqWl1e IClc~ on the rir.it l100r ("ExplIl\."iion S~"), Ul'On ClCtUj:lWl(y U r l~ rnlw premises, TcJ'\llId wlll...acate tlJ: approximately 724 RSF clJt1tt\tly oecupi"d on the fll'Sl floor. Ilcnceru1'lh. the loud llpact tv h:o lea.'\llt.l b)llb\) 'r~nI.'lllt!hall be 8.SSt RSF. Imn 'J1lC term oftbc ~ lor 'hlW original Pl\.'1niSl:!s and tl~ !lcklltlonAlspllCc shtJ.U ~ntin~~ W ho until M:uch 31.2006, "DlJlm"n"'elll" O~c:~~t:)' Da.~ 'J'he commencement d:ltl! and thl.'l Llli\c ofl'X.eupa!1C)' Jlutll be May 1.2003. I!m hlllJJt..te The base rent per ren1IihJu r.qUlll'C foot per )leu on a R.\11 Sl:J'\'iel: gro91 basis: ("llisc Rem") fOt Un: EXpan3Il)fl S~ shall be $ 16.{)()fSF, ThiR rcn\al ru\~ flhD.1I ~djUti\ on April 1.1 2004 h) $1 G.SOISF llnd un AJlrill ~ 2005 It\ S I ?QOfSF, lbi.': bel" l\'!t1t per "l.l.UU'C: fOOT for tho cxisti~ second noor :!lp~e !!Ih.all remui", ll.'J per the telll$e apm~nl. QRtion tlt F..tfttcl 'l'crw.nt's cxi$tlng extcl1.'Ilon optiun of (lvt: (5) yeam JC'lr lht Prernisc~ (.EXl~rtli011 Opliun") shall include the 3dditloMt I~ space. :rl.'l.t..I1!JI!l."IV4!m~J1~ . Tcnnnt shall QCC\lp>' the spacll' M bUllt.o('lul. l,andlord. :shall ~~n the!l~ a~~ r~Djr all cWlll1r,C to the willl,G. td WdtS:~0 E00C S~ '~ew MAR 25 '03 16:06 LLL8cpL0S9 'ON X~~ ^~~3BAij8/NOH : WO~~ PAGE. 02 MAR, 25, 2003 4: 55PM NO, 1691 P.3 M~~ ~! 03 111S2~ l'lill.~_B 209-847-0986 I'.~ ellY QrM~ridian Lea~c Propcsal 3/15/2003 1~~J.II.L~.~II~ TCmtll nMlI huve lhe O~11 tel \lSe, at no c;hur~e dLl(Ulj (he t~rm of tho ~4$C and option pcrkHI, fllr ~ use ofTCMI'U WId it~ entpl....yCC$ and vi~itoll, or 4- JlUrkin~ ~s pet 1,00() remab"- BqUfft ~t loa.'Cd m tIw: on-s!tc parking orea dunne the tcnn of the ~ and oPlion period. AU such sp~ $hall he available twcnLy..fOUl (~4) huUD n day. !ClJcn (1) daYll week, every dllY orth~ )'Cat. ~ TCllGJlt:m1l ~...c 240bour QQQeSS to the Jl~iN~. Tho bujldia1& ho\ll'6 are ffOfn 1:00 AM to 6:00 PM. Mo~ thmugh Frido,y and g:OO AM to 1:00 PM on Slllurda)l9. TCfWlt sba11 I::r: r~poruljbl~ fur all c:olrlts ralntcd to business oJ'1ehltla~ Illkt normal bu!lM~ houtS. 8ro~~ A:rrJ lc::uing eonunissionll reli:l1oo \0 thL~ ProPOEAJ tramll.ccion 9MIl be paId by t~ u.r.:Jtotd per.o. geplll"~e "JToement between undlord Iltlll Thomum Oli\'Ct' Keller ConunI::n:inJ RMlllsWe, All tmmllnd OOMitlou set fo"n ubl~"e !I!li1.1 be s'llbp:t to the .wi$fa~U)ry rnlew b:-o j,oth I..t1ndIord ClAd Tcmml ~ their coumt'l of dOle\unems llffectill8 tht proptl~ l~~ Trl1l1lllWI1on, TM tMn5l1Dd condi'ioM l't!r~ 1I!>>"'1.l :ihaJl cot be bindiD.i. upon L.andJord or Tenant unlilllll ol'lhe lollo~ has occuncd: (o.) the LeBo and related d(lcUJt'enlS MVC been approved by tbe lalAnl. amI (h) ~uch Leaole. and fcIBh,"d documen.ts !lave boon. fully ~utt:d by both Tenl1llt QIIrl LDndlotd. ThaIU: )lllU for )'Our time and em," in 1Ilviewil'Jj Ilnd ~nding to lhi! prapoMl. 8illCa'l:IYl TIIORNTON OUVER. KELLliR C()~. IAL RJML ijS'1'ATE t... _--=r--~,. ? .' " '~' ;t~~.' .~- Michutll J. Bl.lllaDt)'nC, CC1M Associates Broker Aoc:cptcd &, Approved; LANDLORD: WiIIillm A. lion ~J I Rr.~..~~ O~: '.?/uJv"... TflNANT: CilY ol'Mcndian By: Dole; Cd Wdls:rn E0132' S2 '..lpW MAR 25 '03 16:06 ~LLeZ~E0S9 'ON X~~ A~~38A~a/NOH : ~O~J PAGE. 03 April 11, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT April 15, 2003 ITEM NO. 3- rn REQUEST Change Order No, 1, Victory Road Water Main Design - Civil Survey Consultants: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted; See Attached Memo VV tvfrv Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. CitY of Meridian Public Works Dept. Memo RECEIVED APR 1 0 2003 qty OfMeridi CIty Clerk OfIi: To: Brad Watson From: Lenard Grady'/ a"i . CC: Gary Smith Date: 4/10/2003 Re: Proposed Agenda Items for April 15, 2003 City Council Meeting -Jf. The Public Works Department respectfully requests the following items be placed on the April 15 City Council agenda, under consent agenda: Victory Road Water Main Desion - Chanoe Order#1 The attached letter outlines the change in the design contract with Civil SUlVey for the above project. The original project was approved by City Council on 2/18/2003. The change will include an additional 1 ,700 feet on Victory road to Eagle. The change order is for an additional cost not to exceed $3,200. Recommended Council Action: The Public Works Deparbnent recommends that City Council approves Change Order #1 for the Victory Road Water M~,n Design with Civil Survey for $3,200 and authorize the ~~~~r ,p ',~~~ ~~ . I 'I" , Landscapino at the South Entrance of the WWTP Three bids were received for lhis prQji;:!9f as shown below: '. I: . . ! : jl. ~ 'r - , · Sunshine Landscaping, LLC $14,610.08 · Metcalf Landscape Contractors, Inc. $25,251.00 · Hoffman's Landscaping, Inc. $16,610.00 Recommended Council Action: The Public Works Deparbnent recommends that City Council approves the contract with Sunshine landscaping; LLC for $14,610.08 for Landscaping the South Entrance of the WWTP and authorize the Mayor to sign it Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 Glenn K. Bennett, P.L.S. Prcsidcnt Civil Survey Consultants; Inc. 100 South Adkins Way Suite 101 Meridian, Idaho 83642 (208)888-4312 Fax 888-0323 Timothy A. Burgess, P.E. Vicc President April 2,2003 Len Grady City of Meridian 660 E. Watertower Meridian, ID 83642 Re: Victory Road Water Line Dear Len: As requested I have prepared a fee estimate to increase the scope of services for the design of the Victory Road Water line as follows: 1. Prepare bid and contract documents for the project so that it can be competitively bid rather than negotiated. 2. Add approximately 1700 lineal feet of water main from Sherbrooke Hollow No.3 to Thousand Springs including crossings of the Ridenbaugh Canal and the Nine Mile Drain. 3. Revise the COE Joint Application For Permit to include the new pipe segment and crossings. 4. Resubmit the plans to the NMID and DEQ for approval. 5. Have the revised project ready for bid this fall with construction beginning as soon as the water leaves the canals and the Overland Road is open for traffic. I estimate that the revisions as outlined above will cost an additional $3,200 in fees. I have attached a man-hour and fee estimate for the additional work for your reference. We will proceed with these additions upon your approval of the fee estimate and notice to proceed. Sincerely, Civil Survey Consultants, Inc. ~~ Tim Burgess, P.E. Civil Survey Consultants Man-hour Estimate City 01 Meridian Victory Road Water Main - Supplement Tas~ Description Prolect Chief Proiect Design T echn ici an I Technician I GPS Total Manager of Su rvevs Engineer Engineer 1. Des,s:!n Survevs 2 2 4 4 2. Revi se Cover Sheet 1 1 3. Add Plan Sheet 8 8 4. Revise Crossing Detail Sheet 8 8 5. Add Bid & Contract Documents 1 8 9 7. Revise Bid Schedule & Estimate 2 2 8. Revise Joiint Application For Permit 4 4 9. New NMID Coordination 1 1 11. New Review and AootQval 2 4 6 12. Increase Construction Services 1 2 4 2 7 Total Man.Hours 4 0 0 0 4 42 6 50 Classification Hours Rate Total Proiect M anaRer 4.00 @ $90.00 = $360.00 Chief of Surveys 0.00 @ $90.00 - $0.00 Proiect En<'ineer 0.00 $70.00 $0.00 Desi"n Enaineer 0.00 $65.00 - $0.00 Technician I 4.00 $60.00 - $240.00 Technician lJ 42.00 $55.00 = $2.310.00 Labor Subtotal 50.00 $2,910.00 Classification Hrs/Miles Rate Total Misc. Pr\nt!nR $50.00 GPS 6.00 @ $40.00 = $240.00 Direct Subtotal $290.00 Total Design Fees $3.200.00 Meridian. V Ictory.W ater.xl s April 11,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT April 15, 2003 ITEM NO. 3-tJ REQUEST Award Bid 1 Contract for Landscaping at the South Entrance of the Waste Water Treatment Plant: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo y/ #tJf~ Contacted: Date: Phone: Materials presented at publlc meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED APR 1 0 2003 qty Of Meridi CIty Clerk Of.fi: To: Brad Watson .....m: Lenam Gra~ a.J. . cc: Gary Smith Date: 4/1 0/2003 Re: Proposed Agenda Items for April 15, 2003 City Council Meeting The Public Works Department respectfully requests the following items be placed on the April 15 City Council agenda, under consent agenda: VictolV Road Water Main Desion - Chanoe Order #1 The attached letter outlines the change in the design contract with Civil Survey for the above project. The original project was approved by City Council on 2/18/2003. The change wHl include an additional 1 ,700 feet on Victory road to Eagle. The change order is for an additional cost not to exceed $3,200. Recommended Council Action: The Public Works Deparbnent recommends that City Council approves Change Order #1 for the v. icto~~. Road W. ater M~;n Design with Civil Survey for $3,200 and authorize the ~.~~~f."~~~ ~ . , . .:)(4. Landscaoino at the South Entrance of the WVl/TP Three bids were received for thi~ prQj~~ as shown below: "II . . . '" .. j iln:1 , · Sunshine Landscaping, LLC $14,610.08 · Metcalf Landscape Contractors, Inc. $25,251.00 . Hoffman's Landscaping, Inc. $16,610.00 Recommended Council Action: The Public Works Deparbnent recommends that City Council approves the contract with Sunshine Landscaping, lLC for $14,610.08 for landscaping the South Entrance of the WWTP and authorize the Mayor to sign it Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 April 11 , 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT April 15, 2003 ITEM NO. 3-D REQUEST Addendum to Agreement for Professional Services, J-U-B Engineers - South Slough Sewer Project: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo ~ Wpr Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public "Works Dept. Memo RECEIVED APR 1 1 2003 City Of Meridian City Clerk Office To: Mayor Conie & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 4/11/2003 Re: Proposed Agenda Items for April1S City Council Meeting The Public Works Department respectfully requests that the following items be placed on the April1S'h City Council agenda, on the Consent Agenda, for Council's consideration: 1) Addendum to Aareement for Prafesional Services. JUS Engineers - South Slouah Sewer Praiect. JUB Engineers is requesting an addendum to our agreement with them for the South Slough Sewer Project A copy of their letter request is attached. The current agreement total is $131,787. JUB is requesting an additional $9,872 to cover extra construction services that have been and will be required to complete this project including multiple service line stakings in Carol's Subdivision, property owner coordination and pipe boring consultations. If approved, the total agreement amount (which they indicate will be sufficient to complete the project) will be $141,569 on this $1.4 million project Recommended Council Action: Approve the addendum to Agreement For Professional Services with JUS Engineers for the South Slough Sewer Project and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 .-----: f"J-U.B .. J-U-B ENe. 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.3 CLIENT: PROJECT NAME: J-U-B Project Number: CITY OF MERIDIAN SOUTH SLOUGH TRUNK SEWER 11690-07 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 nla Date nla Unless othelWise 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 day of 200~, City of Meridian Print or Type Client Name J-U-B ENGINEERS, Inc. By: BY:~ Client or Representative Signature Robert D. Corrie, Mavor Print or Type Name and Title Phillip H. Krichbaum, P.E. - Proiect Manaqer Print or Type Name and Title Attest: William G. Berg, Jr., City Clerk Rev. January 2000 J I I I : i+W ii" : II i I I III ! I j I ! I I I I I I i i i I J I I I i j I , I I , i i I II -if II i I i I II j j I I I I J -I' -1 ~I )>, a 1 g I z ~ T I ~I i <, 01 l if) to ~ CXI I\.) I I I I.. [I ~ -H-r~l- i ~I j ! 6 i! i ~ ; I I m I : : i ~I'~~ J II m 0>< I ' I <n --I ' I~j i 5 Ig~ J~I' 10 i.o ,'" ~ 10 10 '.. I~ ;0 a I ~ 2 g 2 _ !g.ja g. I ~ g lil'~~ I ~ - ,-' "I.;;' 1- .G ,?~;<o CJ) I ! I I a Ii II i I i j J I ..... :;:: 'U I I ~ ~.2. ! t;J~ ~ a I laP ~ IN iF. ~ o I I a i ;.., I 01 I o "":;::0 .... ., , a""IJ g~~. , U I I ! I I I I I I~II I ""m"IJ ~~.~. o,;:Jeo ~~51 fll ""Z'U ~L~ r o,~ (IJ ......~~ ~ "" - m <D _ :..., --I 01 0 i .--1 """'(/) ~J "'g.c b=. ~ - o ~_'< :..., " 01 ! ~~(") '-""'0 I . "''' ~<!l!l ~. a I ' 0 I II I ~iiJ ! , ...... , '" , 03 I-I 0., '" ",[ ! " I II I I .....0 w~ I I 8~ a i ! I ""(/)'" II V> c ' ~<!:;:: I I g~ ~ '" ~I '" ",I", I I I ~~Gl I I I~Li Pc"'D 8I-P' U> .... '" I III tg'--1 3'-.. EI~I~I c 0 (Il I -..- :I":' =.~ I , ........,-...1 01 I ........ 0)>- i!<n ... r^ w I -:..., '" '" )>rO C)>-I -Iro-( IOO O::O'Tl 2:!)>B: ~Zm -IC2:! -mc OO- Ze)> "Tl-Z o"'tl, ;;oB:en )>~o a-l~ 2CI -1m(/) O-lr z~o )>rc r G') en I m -I ::0 ::0 :5 C o Z m ^ en m Z X o -I . m w Z ~ o z )> o o m z o c ;;: Z 9 V> April 11,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT April 15, 2003 3-f ITEM NO. REQUEST Resolution No. : Amending Resolution No. 142 Adopting Deferred Compensation Plan for the City of Meridian Employees: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Resolution yJ-/ CVff'rfO ~ / 4il V Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM RECEIVED APR 1 0 2003 Q!ty Of Meridian 'l..ilt'jT Clerk Office To: William G. Berg, Jr. RECEIVED APR 2003 Subject: Pauline Skeggs, ~:~Smith Wm. F. NicholiJidt/V Resolution/Certificate of Clerk for Deferred Compensation Pension Plan for City Employees City Of Meridian City Clerk Office Cc: From: Date: April 9, 2003 Will: Please find attached the originals of the Resolution and the Certificate of Clerk, in regards to the above matter. This item is now ready for placement upon a City Council agenda. If you have any questions please advise. Z:\Work\M\Merldian\MeridianJ 5360M\Resdutions City Hal1\2003\BergDeferred Comp Pension Plan City Employees 04 09 03.doc RESOLUTION NO. 03- k 2- BY: !.(el III l3;f-~ A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR AN AMENDMENT TO RESOLUTION NO. 142, AS THE GENERAL EMPLOYEES NONQUALIFIED DEFERRED COMPENSATION PLAN FOR THE CITY EMPLOYEES OF THE CITY OF MERIDIAN WITH AMERICIAN FUNDS GROUP, SALOMON SMITH BARNEY, INC. IS NO LONGER IN COMPLIANCE WITH THE FEDERAL RULES AND REGULATIONS; TO PROVIDE FOR THE ADOPTION OF THE V ALIC 457(b) PLAN DOCUMENTS AND THE WADDELL & REED 457 PLAN DOCUMENTS FOR THE DEFERRED COMPENSA TION PLAN FOR CITY OF MERIDIAN EMPLOYEES AS THESE 457 PLANS ARE IN COMPLIANCE WITH THE PROVISIONS OF THE ECONOMIC GROWTH AND TAX RE.LIEF RECONCILIATION ACT OF 2001 (EGTRRA); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority [pursuant to I.c. S 50- 302] to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to establish and enter into general employees nonqualified deferred compensation plans for the City employees of the City of Meridian with V ALIC and Waddell & Reed, as the new Plans are in compliance with the current Federal Rules and Regulations, Economic Growth and Tax Relief Reconciliation Act of2001 (EGTRRA). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. Pursuant to Idaho Code S50-301 et seq., the Mayor and City Council hereby adopt the general employees nonqualified deferred compensation plans for the City employees of the City of Meridian with V ALIC and Waddell & Reed, copies of the Plans are attacbed hereto as Exhibit "A" and by this reference incorporated herein, as the new Plans are in compliance with the current Federal Rules and Regulations, Economic Growth and Tax Relief Reconciliation Act of2001 (EGTRRA). A copy of this Resolution and the attached 457 Plans with V ALIC and Waddell & Reed shall be held on file in the office of the City Clerk. RESOLUTION FOR DEFERRED COMPENSATION PLAN FOR CITY EMPLOYEES WITH V ALIC AND WADDELL & REED 457 PLANS PAGE 1 of2 SECTION 2: EFFECTIVE DATE. This Resolution shall be in full force and effect as of January 1,2002. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this / gl:::- day of I1;v 1'/ ' L , 2003. /,:-f!2- APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this _v day of f};J:J /7' ( , 2003. ~....,.~-,.. ,-' , . j I ~ r ,,-\' p Mayor Robert D. Corrie \\11\1111101111/ ATTEST ,,\\ ~ Mt::'l.... 1111 . : "~I ~ V' '~"-rfJD /// ~,"~ '\ ~.A ~//~ ~ v ~~h 'v ~ ~.:R ~o ~ ~ ~ ~ - :: = :: SEAl.! :: ... ~ ~ - ::. ~ "cy 0 ~ -;;. - .-~t . .... ~ '0 ~T 15'\ ' ~ ~ ~ ';f - C\'r ,.....::: "....:/ CY': " '<f '\V ....,.... Z:\ Work\M\Meridian\Mcridian I 5360M\Resolutions City Hall\2003\Resolu{rtm/Allrlihllfll; R'cs'I{\2\f6r Deferred Comp Plan Pension Plan 04 09 03.doc Illii/f"l \1\"\'\\ RESOLUTION FOR DEFERRED COMPENSATION PLAN FOR CITY EMPLOYEES WITH V ALIC AND WADDELL & REED 457 PLANS PAGE 2 of2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the 15/j. day of /1}Jr1 Z ,2003, the following action has been taken and authorized. A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR AN AMENDMENT TO RESOLUTION NO. 142, AS THE GENERAL EMPLOYEES NONQUALIFIED DEFERRED COMPENSATION PLAN FOR THE CITY EMPLOYEES OF THE CITY OF MERIDIAN WITH AMERICIAN FUNDS GROUP, SALOMON SMITH BARNEY, INC. IS NO LONGER IN COMPLIANCE WITH THE FEDERAL RULES AND REGULATIONS; TO PROVIDE FOR THE ADOPTION OF THE V ALIC 457(b) PLAN DOCUMENTS AND THE WADDELL & REED 457 PLAN DOCUMENTS FOR THE DEFERRED COMPENSATION PLAN FOR CITY OF MERIDIAN EMPLOYEES AS THESE 457 PLANS ARE IN COMPLIANCE WITH THE PROVISIONS OF THE ECONOMIC GROWTH AND TAX RELIEF RECONCILIATION ACT OF 2001 (EGTRRA); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority [pursuant to I.C. ~ 50- 302] to establish resolutions not inconsistent with the laws of the state ofIdaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good govermnent and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to establish and enter into general employees nonqualified deferred compensation plans for the City employees of the City of Meridian with V ALIC and Waddell & Reed, as the new Plans are in compliance with the current Federal Rules and Regulations, Economic Growth and Tax Relief Reconciliation Act of200l (EGTRRA). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. Pursuant to Idaho Code 950-301 et seq., the Mayor and City Council hereby adopt the general employees nonqualified deferred compensation plans for the City employees of the City of Meridian with V ALIC and Waddell & Reed, copies of the Plans are attached hereto as Exhibit "A" and by this reference incorporated herein, as the new Plans are in CERTIFICA TE OF CLERK PAGE 1 OF 2 compliance with the current Federal Rules and Regulations, Economic Growth and Tax Relief Reconciliation Act of2001 (EGTRRA). A copy of this Resolution and the attached 457 Plans with V ALIC and Waddell & Reed shall be held on file in the office of the City Clerk. SECTION 2: EFFECTIVE DATE. This Resolution shall be in full force and effect as of January 1, 2002. \\\\\\11111111111 \" ,...s:;; M J// ...',".... V' E..qlD. III"" ~c)~. ~ ~ ~ ~ ~ -TA.'l .:- h 'V ~ L f ~ ~o \ d~ /v-'- ~~ fIL' ~ SEAL ~ illiam G. Berg, Jr. tJ ~ ~ (~= ;. ~ ,dJ':: \. ~ lI.sr 15'\ . '<.{) ! ~ ~ 'j> ~ -:- ~,: (} (-)' ~~ STATE OF Ifp~9~H'Jrl, \\\",... II; i;.," ...,..- '. '\ \ \ , : "ss: County of Ada. ) On this 105- .f~ay of Jl..i;l"t i- ,2003, before me, I)JHrl4 () ~ (J VGr~L-lfV , 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. ~11~ Notary Public for Idaho Residence~...J Commission Expires: II-o~-oi Z:\ Work\M\Meridian\Meridian I 5360M\Resolutions City I-Iall\2003\Cert of Clerk for Res Amending Res 142 Deferred Comp Plan Pension Plan 04 09 03.doc CERTIFICATE OF CLERK PAGE20F2 BEFORE THE MERIDIAN CITY COUNCIL C/C 04-01-03 Revised 4/16/03 IN THE MATTER OF THE ) REQUEST FOR ANNEXATION ) AND ZONING OF 4.8 ACRES ) FROM RUT TO R-3 ZONE FOR ) PROPOSED BLEAK SUBDIVISION, ) LOCATED AT 4920 W. CHERRY ) LANE, MERIDIAN, IDAHO ) ) BY: KENT AND NANCY BLEAK, ) ) APPLICANT ) ) Case No. AZ-02-034 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL The above entitled annexation and zoning application having come on for public hearing on April 1, 2003, at the hour of7:00 o'clock p.m., Brad Hawkins-Clark of the Planning and Zoning Department, Brad Watson ofthe Public Works Department, Kent Bleak, and Brent Law, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for April 1, 2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries ofthe property under consideration more than fifteen (15) days prior to said hearing FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER OF DENIAL / KENT AND NANCY BLEAK REQUEST FOR RUT TO R-3 FOR PROPOSED BLEAK SUBDIVISION (AZ-02-034) and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the April 1, 2003, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~~67-6509 and 67-6511, and ~~II-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Amended Comprehensive Plan ofthe City of Meridian adopted August 6, 2003, Resolution No. 02-382, and maps and the ordinance Establishing the hnpact Area Boundary. 4. The property is approximately 4.8 acres in size and is located at 4920 W. Cherry Lane, Meridian, Idaho. The property is designated as Low Density Residential. 5. The owners of record of the subject property are Kent and Nancy Bleak, 4920 W. Cherry Lane, Meridian, Idaho 83642. 6. Applicant is same as the owner. 7. The property is presently zoned by Ada County as RUT, and consists of rural residentiaVagricultural property. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER OF DENIAL / KENT AND NANCY BLEAK REQUEST FOR RUT TO R-3 FOR PROPOSED BLEAK SUBDIVISION (AZ-02-034) Page 2 8. The Applicant requests the property be zoned as R-3 (Rural Medium Density Residential) . 9. The subject property is bordered to the north, west, and east by rural residential/agricultural properties, and to the south by Tricia's Subdivision (zoned R-4). 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian, and the entire parcel ofthe property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 11. The Applicant proposes to develop the subject property in the following manner: As a rural-residentiaI2-building lot subdivision. 12. The Applicant requests zoning of the subject real property as R-3, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Low Density Residential. 13. There are no significant or scenic features of major importance that affect the consideration of this application. 14. The City Council recognizes the concerns of Wendel Bigham, Joint School District No.2, expressed in his letter dated January 10, 2003. 15. It is noted that currently there is no sewer service available to the property. 16. The parcel proposed for annexation is for a request for R-3, which is designated as Rural Medium Density Residential. The proposed annexation would be incompatible and would not accomplish the goals of the Comprehensive Plan, as adopted August 6, 2003. The alUlexation to R-3 would, in fact, create even less of a housing density than what is allowed in the Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL / KENT AND NANCY BLEAK REQUEST FOR RUT TO R-3 FOR PROPOSED BLEAK SUBDIVISION (AZ-02-034) Page 3 17. It is not in the best interests of the City of Meridian to annex this property. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code ofthe City of Meridian Section 11-2-417 provides the City may annex real property that is within the Meridian Urban Service PlaIllling Area as set forth in the City's Comprehensive Plan. 2. The City Council may take judicial notice of govenunent ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02- 382. 4. The requested zoning of Rural Medium Density Residential (R-3), is defined in the Zoning Ordinance at 11-7-2 A. as follows: (R-3) Rural Medium Density Residential District: The purpose of the R-3 District is to permit the establishment of rural medium density single-family dwellings, and to delineate those areas where predominantly medium density rural residential development has, or is likely to occur in accord with the Comprehensive Plan ofthe City, and to protect the integrity of medium density rural residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-3 District allows for a maximum of three (3) dwelling units per acre and requires cOIlllection to the Municipal water and sewer systems of the City. 5. That in 9 11-2-417 A it provides in part that: "If the Commission and Council approve an annexation request, the Commission FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER OF DENIAL / KENT AND NANCY BLEAK REQUEST FOR RUT TO R-3 FOR PROPOSED BLEAK SUBDIVISION (AZ-02-034) and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive Plan." 6. Idaho Code S 67-6511(c) provides in matters where the City Council is considering a zoning designation application as follows: "If the request is found by the governing board to be in conflict with the adopted plan, or would result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction, the governing board may require the request to be submitted to the planning or planning and zoning commission or, in absence of a commission, the governing board may consider an amendment to the comprehensive plan pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code. After the plan has been amended, the zoning ordinance may then be considered for amendment pursuant to section 67-6511(b), Idaho Code." 7. Idaho Code S 67-6512 (a) provides the authority to grant special and/or conditional use permits << . . . . when it is not in conflict with the plan." [referring to the Comprehensive Plan.] 8. The City's authority to make and enforce ordinances are confined to within the City's boundaries as provided in Article XII S 2 of the Constitution of the State ofIdaho. 9. The provisions ofIC. S 50-222 govern the conditions upon which the City may exercise its authority to annex territory, but the exercise of that authority is discretionary as determined by the City Council. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: 1) That the application for annexation is denied for the following reasons: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER OF DENIAL / KENT AND NANCY BLEAK REQUEST FOR RUT TO R-3 FOR PROPOSED BLEAK SUBDIVISION (AZ-02-034) a. The parcel proposed for annexation is for a request for R-3, which is designated as Rural Medium Density Residential. The proposed annexation would be incompatible and would not accomplish the goals of the Comprehensive Plan, as adopted August 6,2003. The annexation to R-3 would, in fact, create even less of a housing density than what is allowed in the Comprehensive Plan. b. It is not in the best interests ofthe City of Meridian to annex this property. 2) Based upon the section set forth in item no. 1 the application for zoning designation is dismissed. 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 annexation and zoning may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the / ~f;-day of /lpriZ ,2003. ROLL CALL: COUNCILMAN BIRD VOTED r#:/ VOTED ;r/af VOTED ~AJ COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL / KENT AND NANCY BLEAK REQUEST FOR RUT TO R-3 FOR PROPOSED BLEAK. SUBDIVISION (AZ-02-034) Page 6 COUNCILMAN NARY VOTED ~.jJ.J MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: f-,-/!i ---03 VOTED f!?~ MOTION: APPROVED: ~ ~ DISAPPROVED: I ______ Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. ByJ!~~~/~ City Clerk Dated: Z:\Work\M\Meridian\Meridian 15360M\Bleak Sub AZ 02034 and PFP 02 -005 Denial\AZ Denial Findings.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL / KENT AND NANCY BLEAK REQUEST FOR RUT TO R-3 FOR PROPOSED BLEAK SUBDIVISION (AZ-02-034) Page 7 ~ - .... BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY/FINAL PLAT FOR BLEAK SUBDIVISION, LOCATED AT 4920 WEST CHERRY LANE, MERIDIAN, IDAHO BY KENT AND NANCY BLEAK APPLICANT C/C 04-01-03 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PFP-02-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY / FINAL PLAT The above entitled matter coming on regularly for public hearing before the City Council on April 1, 2003, at the hour of7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the City Council takes judicial notice of its action of the denial of the application for annexation and zoning in Case No. AZ-02-034, and the hearing was opened on the preliminary/final plat application and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, Brad Watson of the Public Works Department, Kent Bleak, and Brent Law, testified at the hearing, and the City Council based upon its Findings of Fact and Conclusions of Law and Decision and Order in Case No. AZ-02-034 does hereby deny the application for preliminary/final plat approval. FINDINGS OF FACT 1. It is found that the Recommendation To City Council ofthe Planning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY FINAL PLAT FOR KENT AND NANCY BLEAK FOR BLEAK SUBDNISION (PFP-02-005) - 1 and Zoning Conunission is not reasonable nor appropriate for the conditions of approval of the preliminary/final plat due to the denial of the annexation and zoning in Case No. AZ-02-034. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the denial of the annexation and zoning in Case No. AZ-02-034 the Council does hereby deny the application for preliminary/final plat approval. 1-1- By action of the City Council at its regular meeting held on the 15 -day of Il;nd ,2003. ~/ By: AA...R ROBERT D. C . Mayor, City of Meridian BtII~~~9z- City Clerk Copy served upon Applicant, the Planning and Zoning Department, Public Works Department d C. A ,,\\IIlII/Ji/I an Ity ttomey. \,"'.-..c: las;:,..."fll "'.J Vi 'Ne"'-rfi/h II" .:::-v....'(j~'rn.oA f'-"l~;/"'l,,/ ~ ~'-<Ih ~ ~ ~ ~ Dated: 4--15--673 I ~ 0 ~ ~ = Z:\Work\M\Meridian\Mcridian 15360M\Blcak Sub AZ 02 034 and PFP 02 -005 Dcnial\FFCLOrdDcnyPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY FINAL PLAT FOR KENT AND NANCY BLEAK FOR BLEAK SUBDIVISION (PFP-02-005) -2 April 11,2003 MERIDIAN CITY COUNCIL MEETING April 15, 2003 APPLICANT REQUEST Beer, Wine and Liquor License Renewals: '3-\G ITEM NO. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS j~~ Date: Phone: Materials presented at publlc meetings shall become property of the City of Meridian. Beer I Wine I Liquor License Renewals for 2003 - 2004 The following establishments have submitted applications for license renewals for May 1,2003 - April 30, 2004, and are before City Council for approval at the April 15, 2003, City Council Regular Meeting: Texas Roadhouse Beer and Liquor Epi's A Basque Restaurant Beer and Wine Meridian Bowling Lanes Beer and Liquor Pizza Hut Beer Only Fred Meyer Beer and Wine Bill n Lynn's Place Beer and Liquor Lotus Garden Chinese Restaurant Beer Only Bolo's Beer and Wine Rite Aid Beer and Wine Wingers Beer and Wine Chicago Connection Beer and Wine Cherry Lane Golf Course Beer and Liquor White Water Saloon Beer and Liquor Primo's All You Can Eat Beer Only April 11 t 2003 Department Reports MERIDIAN CITY COUNCIL MEETING April 15, 2003 APPLICANT Mayor's Office ITEM NO. L\. - A - \ REQUEST Appointment of Meridian Development Corporation Board Member (to fulfill Jim Johnson's Seat #1 until 8-04): AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: ~ -:L tnlfJitf0 C eC) V~ I 1 J f{'fV Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. .* 4 EDUCATION JONATHAN P. (JON) CECIL 620 N. Mineral Wells Avenue Meridian, Idaho 83642 (208) 888-4100. jonpcecil@yahoo.com Master of Public Administration Emphasis in environment and natural resources policy and administration Boise State University (Anticipated May, 2003) B.A. Political Science University of Alaska Fairbanks 1978-1982 SKILLS / KNOWLEDGE Urban RenewaJ--Staff to Jerome Urban Renewal Program Local Governmenf--Familiar with Idaho's local government structure, laws, and requirements Municipal Finance--W orlcing knowledge of local improvement district, tax increment financing, and development impact fee financing strategies. Comm1inity Development and Planning-Knowledge of state and federal environmental policy, infrastructure development, and public relations. SELECfED WORK EXPERIENCE 12/02 - Present 8/00 - 11/02 12/96-7/00 8/96-11/96 9/85-8/96 2/84-9/85 Ada County Development Services Department-Planner II Responsible for planning and zoning assignments related to land use development, plan reviews, and technical analysis. Boise State University, Environmental Finance Cent~Project Associate Responsible for 3rd party review of State Drinking Water State Revolving Loan Applications for the states of Washington, Idaho and Alaska. City of Jerome, Idaho--City Administrator, Planning & Zoning Administrator, Urban Renewal Executive Director Full service, rapidly growing south-central Idaho city. Started and staffed urban renewal program. Supervised downtown local improvement district renovation, started Tree City USA Program, GIS, and expansion of industrial park. Region N Development Association, Twin Falls, ldaho--Circuit Rider City Administrator Provided management assistance to small cities in south-central Idaho to improve local planning efforts as well as community development initiatives. Department of Community & Regional Affairs, Municipal & Regional Assistance Division, State of Alaska. Fairbanks and Juneau-Local Government Specialist 11 years of progressive local government experience providing management assistance to small cities and tribal entities to improve operations, training, finance, and personnel systems, as well as municipal utility management Department of Community & Regional Affairs, Municipal & Regional Assistance Division. State of Alaska, Juneau-Administrative Assistant Administered $55M State Revenue Sharing Program-an entitlement program for municipalities, tribal entities. volunteer fire departments, and unincorporated communities. COMMUNITY ACTIVITIES Member, Ada County Highway District Impact Fee Task Force (2002-present) v ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 04/24103 08:43 AM DEPUTY Bonnie OberbHlig RECORDED-REQUEST OF Meridian City AMOUNT .nn 6 1111111111111111111111111111111111111 103067670 CITY OF MERIDIAN ORDINANCE NO. 03- ! {) /7 AN ORDINANCE FINDING THAT, HOWELL-MURDOCH DEVELOPMENT CORPORATION, THE OWNER OF CERTAIN REAL PROPERTY GENERALL Y LOCATED ON THE WEST SIDE OF LINDER ROAD, 14 MILE NORTH OF USTICK ROAD, MERIDIAN, TO BE KNOWN AS W A TERSONG EST A TES SUBDIVISION AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; HAVE MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE 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 Propeliy, to-wit: HOWELL-MURDOCH DEVELOPMENT, INC. PARCEL DESCRIPTION A parcel ofland as shown on ROS 5970, being part of the Northeast 14 of the Southeast 14 of Section 35, TAN., R.l W., B.M., Ada County, Idaho, and being more particularly described as follows: ANNEXATION AND ZONlNG ORDINANCE (AZ-02-029) - 1 ( Commencing at a found Brass Cap marking the East 1;4 corner of Section 35, the POINT OF BEGINNING; thence along the Easterly boundary of said Section, South 00014'55" West, 1,173.71 feet to a set 5/8" 11'011 Pin, with plastic cap stamped "Hodge PLS 8575"; thence leaving said boundary, North 89013'08" West, 300.41 feet to a set 5/8" Iron Pin, with plastic cap stamped "Hodge PLS 8575"; thence South 00014'55" West, 145.00 feet to a point on the Southerly boundary of the Northeast ~ of the Southeast 1;4 of Section 35, marked by a set 5/8" Iron Pin, with plastic cap stamped "Hodge PLS 8575"; thence along said boundary, North 89013'08" West, 1,019.06 feet to the Southwest corner of the Northeast 1;4 of the Southeast 1;4 of Section 35, marked by a found 5/8" Iron Pin with plastic cap stamped "BRlGGS LS 4998"; thence along the Westerly boundary of the Northeast 1;4 of the Southeast 1;4 of Section 35 North 00020'40" East, 1,319.36 feet to the Northwest corner thereof, marked by a found 5/8" Iron Pin with plastic cap stamped "BRlGGS LS 4998"; thence along the Northerly boundary of the Northeast ~ of the Southeast ~ of Section 35, South 89011 '23" East, 1,317.27 feet to the POINT OF BEGINNING. Said parcel containing 1,695,353.04 square feet (38.92 acres) more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium Density Residential District (R-8). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereofin 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-02-029) - 2 SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State ofIdaho, all in compliance with Idaho Code 963-2215 and 950-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /J;;;n7- ,2003. APPROVED BY THE MAYOR OF THE CITY OF MElUDIAN, IDAHO, this ~/Z ,2003. 'C#: I J -- day of (5'/3- day of ~- . A-<.,t MAYO ATTEST: ANNEXATION AND ZONING ORDINANCE (AZ-02-029) - 3 STATE OF IDAHO,) : ss. County of Ada ) #- On this I b day of /J.prr'- ,2003, 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. (SEA ~LO~ NOTARY PUBLIC FOR IDAHO RESIDING AT: ~ MY COMMISSION EXPIRES: 1/---6').--0'/ Z:\ Work\M\Meridian\Meridian 15360M\ WaterSOlg Estates AZ.02-029 Pp.02-030\AZOrd.doc ANNEXA nON AND ZONlliG ORDINANCE (AZ-02~029) - 4 ~ (9 u..Z 02 \-Z z- _eJ OW 0..1:0 I\.L'~H \. N\.,99.\1 \. 000 -- .9~'6\.~\. 3110\1,OZoOON --- g ~ . (f) C; <-) ~ ...... z \ \ -_ 0;: ~\~ ~ ;;~M 0 .0 ~ ......l::~ o u- o~~ -; ~ ~ - '0 &- 0 ~ 0:: ffi~ w 0 \-~ 'M ~ 9 00 1Jl?or' :z. tt:. (f') U- 0:: ~ <!.~ 5 O~9 Z.-J 'i$ r ~ ffi _~ (!) r-'~ o~ Cf)_1lI a:. .J () g ow U) ~ ~ OB B30N\l N ~;- \~ ~ (<"> g ,00'g\1 \. _ ('I') S a, M,,99.\1 \. 000 rt:J z- ~ to (0 \0 ~ (<">0'> ....- o 0 $- z tJ)~ lzco W :;r ~ .. 4. .2! o (\\ (f) 0 1.0 (") r--- CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State ofIdaho I, WILLIAM G. BERG, JR., City Clerk, ofthe City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 03- I tJ / 7 , passed by the City Council of the City of Meridian, on the 15-(!: day of ~/7 ,2003, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridif!{\, \ \11111/ /J II \", . 11'1 ""~l of ~'iEffIOI 1111/ ,,"'.... .~ ...... 16',f,o~t"o '+ ~ .4-~"- ~ ~ ~ ~ /~ ~ ~ SEAL,.,., ~LLIAM G. BERG, JR. r ( . ; ~ o~.:: ~ ~ ..,Cb,O:::- ~. '1'A 'USr 15"1 '/?;~. .f ~J 'V"'1 ~ 0'- ," STATE OF IDAHO, f{.>......, COUNl"'< . '\ \\\"" . S!J111 . ,\\\ . ;S.ftjj;:~,;q~I\~ County of Ada, ) On this / D -Ii. day of Jth4J{t l , in the year .too 3 , before me, IJN I 7"11 11 Otks-JtL"v , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. """'~A"'t..... ......' l"-~ 1. /) ~.. ........ . O~_ ... ",. !.~ N01' ~ :: .., r- i ~ ~,...,~..L 2 i~... .!jtlC '\. <$> .... .If- "". 0 ....... """''''''. 'P In A 1\ 0 ~ .,.......11...."". tZJA-'IP ~ Notary Public for Idaho Commission Expires: .I/--I;;t ~() tf CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-02-029 rJ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF CMD, INC. FOR APPROVAL OF FINAL PLAT FOR MOSHER'S FARM SUBDIVISION, LOCATED AT THE NORTHWEST CORNER OF TEN MILE ROAD AND PINE STREET, MERIDIAN, IDAHO C/C 04/01/03 C/C 4/15/03 ) ) ) ) ) ) ) ) ) CASE NO. FP-03-011 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on March 11,2003 and tabled until March 25,2003, and tabled until April 1, 2003, and tabled until April 15, 2003, and the Council finding that the Administrative Review is complete which has included certain comments as stated in a letter to the Mayor and Council from Wendy Kirkpatrick Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and that Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and Kasey Ketterling, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "MOSHER'S FARM SUBDNISION" as evidenced in Plat bearing: "MOSHERS FARM SUBDIVISION, A PORTION OF THE S.1I2, SE.1I4, NE.1I4, OF ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MOSHER'S FARM SUBDIVISION I (FP-03-011) - 1 SECTION 10, T.3N., R.1W., BM, ADA COUNTY, IDAHO JANUARY, 2003, INDEX NO. 314-10-1-2-0-00-00, JOB NO. 02127.003, SHEET 1 OF 2 SHEETS, HANDWRITTEN DATE: 4-14-03, RECEIVED APR 232003 CITY OF MERIDIAN CITY CLERK'S OFFICE, LEAVITT & ASSOCIATES ENINGEERS, INC.", CMD, Inc., Developer, is Conditionally Approved subj ect to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Wendy Kirkpatrick Planner II for the Planning and Zoning Department, dated April 1, 2003, listing 5 General Comments and 4 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of two pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their April 15, 2003 meeting as follows, to- wit: 1.1 Site Specific number 4 of the Staff comments dated April 1, 2003 shall be amended to read as follows: 4. Tiling of the Ten Mile Drain shall be only as necessary in order to support the sidewalk that is to be constructed, and as necessary to comply with the requirements of the Findings of Fact, Conclusions of Law Decision and Order for the Preliminary Plat. 1.2 Additionally, from the Council's action from their April 15, 2003 meeting, the following conditions shall be required: 1. Dedicate a blanket sanitary sewer easement over the full lot of Lot 32, Block 1, which dedication information needs to be added as a new plat note. 2. The Landscape Plan approved is dated March 25,2003, and the revised Plat date is April 14, 2003. 1.3 Comply with the Meridian Fire Department's requirements as follows: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MOSHER'S FARM SUBDIVISION I (FP-03-011) - 2 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All roads shall have a turning radius of28' inside and 48' outside. 5. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2.1 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 7. It is reconunended that no parking be allowed in front of Block 1 Lots #9, 10, 11, 12, 13, 14, 15,23,26,27 to prevent blocking ofthe fire lane. 8. It is requested that the nose of the island (Block 2 Lot 1) be moved 15 ' West to prevent the trailing axles of fire apparatus from clipping the curb. 1.4 Comply with the Nampa & Meridian Irrigation District's requirements as follows: 1. The District requires a Land Use Change/Site application be filed. 2. Should the development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, then coordinate with the District concerning the installation of the pressure system Fill out and return the questionnaire in order to initiate the process of contractual agreements between the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MOSHER'S FARM SUBDMSION I (FP-03-011) - 3 owner or developer and the District for ownership, operation and maintenance of the pressure urban irrigation system. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regular meeting held on the / SR day of Apn'L ,2003. "",,, " " ",,,By: ~^ ""'~ of ME7I/O"'II,O~ER~~ $'~'cJ -;;OR.<} !4~.a'yor, City of Meridian .:: . _....cP F(; ~ '.... ~ 0 ~ ::- SEAL ~ f'J CllO :::: W'll' G B J C' CI k ~;, "P.: 'S "\ of> 2 I lam . erg, r., I er ~.... ;0 r 1s1 . ~ $ </. ~...~ ~~. ,,':::- ~j/I' ~:~'J 1 -~'--}-.-'l, \....,.... Copy served upon Applicant, the PlanniiHs'and Zonintbepartment, Public Wor~\]:;\e@~rtment, \ \ \ \ f'ff tttij and City Attorney. ,\\\\\1 Of MER/(tlll/ " :<.." ~ /.-, ~. c} dwoR...t ~11J,,'-' ~' _,0 ~ ~ ::::: ~ 0 ~ ~ ~ Dated: 4-- ~--O J ~ Attest: By:JI~4-~/~ City Clerk Z:\Work\M\Meridian\Meridian 15360M\Mosher's Farm Sub FP-03-01l\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MOSHER'S FARM SUBDIVISION I (FP-03-011) - - \"7<> 'Sr 15\ . .p j '// -...; ~ ......:::- -;// (."I"!I N..,..... X\) ,....... 'I ......;. '~~ "f. \" 'ii" J ".' ,l \\\ '. ' ,. ~ -~, \ \ \ ;;,.~ 4 MA '{OR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEP,\RDdENT (208) 2&8-2499 . Fax 288-250 I CITY COUNCIL MEMBERS CITY OF MERIDIAN Tammy d.::Wecrd Keith Bird Cherie l.,tcCandl e55 William L.l'd. Nary 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . FA_" (208) 887-4813 City Clerk OtTicc Fax (208) 888-4218 PUBLIC WORKS BUILDING DEI'ARTl\IENT (20g) 898-5500' fax 887-1297 I'LAi,,{NING AND ZONING DEPi\RTMENT (208) 884-5533 " FAX 888-6854 MEMORANDUM: April 1 , 2002 To: Mayor, City Council and Planning & Zoning Commission From: Wendy Kirkpatrick, Planner II [JAL ~ Bruce Freckleton, Senior E"ngineering Tech Re: Request for Final Plat Approval or Mosher's Farm Subdivision - 26 building lots, one existing residence and 6 other lots on 6.06 acres in a R-8 zone by C1vID, Inc. (File # FP-03-011) We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICA TION SUMMARY This is the Final Plat application for Mosher's Farm Subdivision, a residential subdivision with 26 building lots and 6 other lots in an R-8 zone. The property is located at 895 N. Ten Mile Road. SITE SPECIFIC COMMENTS 1. This development will be required to install a temporary sanitary sewer lift station to provide service to the lots until permanent mains can be installed from the ulture Black Cat Trunk. The lift station shall remain in the ownership of the developer or homeowner's association. The developer or home owner's association may enter into a operation and maintenance agreement with the City of Meridian. Water service to this site shall be via main line extensions from the existing mains adjacent to the property. 2. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 3. Please submit the final groundwater/soils report (monitoring results) to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed AZ-02'()23, PP-02-023, GUP'()2-OJ I EX---"1- ; h ,'-I- /f Ii I t I 0 -f2 d.- Mo,her Farms Subdi_ision. AZ.PP.CUP Planning & Zoning Commid" . n/Mayor & City Council March 26, 2003 Page 2 to ensure that water is retained only during 25-year storm events, and for a period oftline not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. . 4. he app '!illt shall required tile the Ten Mi Sub Drain adj' ent t~the S,ee-. f,~ s ,bdivision .\~ou~h boun ry per. Me . ian Cit!' Ordi~ance -4-13, ,unless the eri? n rp(o.:t ~5-afI CouncIl. Ives such eqUlremen. ThIS sectIOn of Te MIle Sub Dra Isn 'Pe-~~ cla . ified as a ju ictional w r per the Bo' e Regulatory Office the Army Co 0 Yrv U Engl eers. GENERAL COMMENTS 1. Please submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3_ A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the [mal plat. 4. Two-hundred, and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with vvritten confIrmation of said approval submitted to the Public Works Department. RECOMMENDATION Staff recommends approval of the proposed fInal plat, with the aforementioned findings and conditions. FP-03-011 f::.---xJv' fa I" + II A 1/ ~ o-P d- Mo::her ~:mn5 Subdivision FP ." Interoffice Memorandum RECEIVED APR 1 8 2003 To: William G. Berg; If. City of Meridian City Clerk Office From: Wm. F. Nichols Subject: Baltic Place Subdivision - Time Extension (TE-03-002) Date: April 17, 2003 Will: Please find enclosed the original of the Order Granting A One (1) Year Time Extension and for Commencement of Conditional Use Permit for the above matter. This Order is pursuant to the timely request ofthe applicant; Clint Boyle - Pinnacle Engineers; Inc., and pursuant to the City Council's action at its April 15, 2003, meeting. Therefore, please present this Order to Mayor Corrie to obtain his signature. Please forward copies to the applicant, Planning and Zoning, Public Works and the City Attorney. If you have any questions please advise. Z:\Work\M\Meridian\Meridian 15360M\Baltic Place Sub TE 03 OQ2\Clk TE Memo 0417 03.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) FOR TIME EXTENSION ON COMMENCING ) THE CONDITIONAL USE FOR BALTIC ) PLACE SUBDIVISION, LOCATED SOUTH ) OF FRANKLIN ROAD AND BALTIC ) STREET, MERIDIAN, IDAHO ) ) ) BY: PINNACLE ENGINEERS, INC. ) ) APPLICANT ) ) ) C/C 04-15-03 CASE NO. TE-03-002 ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR COMMENCING THE CONDITIONAL USE This matter coming on regularly before the City Council on the 15th day of April, 2003, upon the Applicant's time application for a one (1) year extension within which to commence the Baltic Place conditional use permit, and which Final Plat was originally approved and granted on March 4, 2003, as provided in S 12-3-6 B, and good cause appearing. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The above named Applicant is granted a one (1) year extended period of time until May 1, 2004, of this Order within which to commence the conditional use permit on Baltic Place Subdivision for the above entitled subdivision application. By action of the City Council at its regular meeting on the ! fir!;. day of ~;( ,2003. Order Granting A One (1) Year Time Extension For Commencing Conditional Use Permit for Baltic Place (TE-03-002) PAGE 1 OF2 DATED this 18-/~ day of /J;rI y/Z Attest: /I$-'P~~. William G. Berg, Jr., Ci y Cl rk Copy served upon Applicant, Planning and Zoning Department, Public Works and the QitiYlIlIr/(lltr \\\\ Mt::,... III Attorney. "'\~I Of "-'TI!)~ I"", ........' .l.'\ ~ 1.6'1 "" $' A' PO!:)" -14-....~ .~ u~ ..f"P~ ."'t)"~ '" $ ~ <:> ~ ~ ~ ::z - ~ SEAL ~ 7. &:: ". ~ ,Qio.::: ~ "f^ ~r 151 ' $o.f ...... v..6 .l" "- ~..>.. -1 r\r.. ~ ...,~ /'1 .....vUH:if'{. ,,\ III l'<i ,. \\\ f'ffWl H HH\\\\ ByJ~ft~ ~ Cl y Clerk Dated: Z:\Work\M\Meridian\Meridian 1 5360M\Baltic Place Sub TE 03 002\CUP Time Extension TE-03-002.doc Order Granting A One (1) Year Time Extension For Commencing Conditional Use Permit for Baltic Place (TE-03-002) PAGE 2 OF 2 c {j VV ).... c BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF CAPITOL DEVELOPMENT FOR APPROVAL OF FINAL PLAT FOR BALDWIN PARK NO.3 SUBDIVISION, LOCATED y.. MILE SOUTH OF McMILLAN ROAD, EAST OF LINDER ROAD, MERIDIAN, IDAHO C/C 04/15/03 ) ) ) ) ) ) ) ) ) ) CASE NO. FP-03-016 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on April 15, 2003, and the Council finding that the Administrative Review is complete which has included certain comments as stated in a letter to the Mayor and Council from Brad Hawkins-Clark Interim Planning Director for the Plarming and Zoning Department, and Bruce Freckleton, Engineering Technician III, and that Brad Hawkins-Clark Interim Plarming Director for the Plarming and Zoning Department, and Steve Arnold, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT OF BALDWIN PARK SUBDIVISION NO.3, A PORTION OF THE NWl/4 OF SECTION 36, TAN., R.1 W., B.M., MERIDIAN, ADA ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BALDWIN PARK NO.3 SUBDIVISION I (FP-03-016) PAGEIOF4 ( COUNTY, IDAHO 2003, 21203-PLT.DWG MEM 3/12/03, SHEET 1 OF 2, MAR 172003, HANDWRITTEN DATE: 3/14/03, CAPITAL DEVELOPMENT, INC. - DEVELOPER, BRIGGS ENGINEERING, INe. - CONSULTING ENGINEERS," Capital Development, Inc., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, dated April 15, 2003, listing 9 General Requirements and 21 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of fom pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their April 15, 2003 meeting as follows, to- wit: 1.1 From the staff comments in their letter dated April 15, 2003, tmder Site Specific Requirements number 8. a) it shall now read as follows: 8. a) The proposed Colorado Spruce trees in the W. Monument Street median planters on Sheet DD-2 of the Landscape Plan are not approved as a permitted species, per MCC 12- 13 - 7 -1. Any conifer trees shall be prohibited but the Engelman Spruce trees shall be allowed in the W. Monument Street median planters. 1.2 For clarification, the perimeter fencing, which abuts the White Drain along the south side of this phase, shall be continued along the residential lots along the drain. The applicant shall be allowed shorter fencing along the common lot running north and south of the paved five-foot wide micropath. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BALDWIN PARK NO.3 SUBDIVISION I (FP-03-016) PAGE20F4 ( 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed andJor the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regular meeting held on the /93- day of /J;rv I Y- ,2003. Attest: BY,J/~ /J. ~ Q,.. City Clerk I Dated: 4-- Z2--tJ 3 - :: - - Z:\Work\M\Meridian\Merldian15360M\Bal:lwin Park Sub No 3 FP 03 016\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BALDWIN PARK NO.3 SUBDIVISION I (FP-03-016) PAGE 3 OF 3 MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live CITY COUNCIL MEMBERS William L.M. Nary Keith Bird Tammy deWeerd Cherie McCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN~ IDAHO 83642 (208) 888-4433' FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 MEMORANDUM: To: Mayor & City Council Bruce Freckleton, Engineering Tech rn~ Brad Hawkins-Clark, Interim Planning Director ~~L From: LEGAL DEPARTMENT (208) 288-2499 . Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211" Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533' FAX 888-6854 April 15, 2003 .RE(~~~j'E'IV"'~ED ,J..._...J.. . APR 1 f 2003 City Of Meridian City Clerk Office Request for a Final Plat Approval of Baldwin Park Subdivision No.3 - Fourty-one (41) Building Lots and Ten (10) Other Lots on 15.01 Acres in an R~8 Zone by Capital Development (File No. FP 02-029). Re: We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION This is the third phase of the Baldwin Park Subdivision, located on the east side of Linder Road, approximately 12 a mile north of Us tick Road. This third phase of the subdivision includes a 41 single family building lots apd 10 common lots. The gross density of phase No.3 is approximately 3.4 dwelling units/acre. The subdivision is located in an R-8 zone, and aU lots within the subdivision meet all of the minimum lot requirements of the R-8 zone. The minimum house size within the subdivision is 1,301 square feet, not including the garage area. The developer, Capitol Development, has informed the P&Z Department of their intent to construct a swimming pool and changing room structure as a subdivision amenity on Lot 3, Block 11, the large common lot at the east tenninus ofW. Monument St. Staff is classifying the pool as an accessory use to the subdivision and will require a Certificate of Zoning Compliance application separate from this Final Plat application process. SITE SPECIFIC REQUIREMENTS 1. Applicant shall meet all terms of the approved preliminary plat and development agreement. 2. The pressurized irrigation system within this development is to be owned and maintained privately by the Homeowner's Association. 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. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as FP-03-0 16 Baldwin Park Sub No.3 /;xJLoD 1+ (1ft / { / of 4 Mayor and Council April 15,2003 Page 2 i ! part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. If a single-point connection is utilized, the developer sh all b e responsible for the payment 0 f assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. Street signs are to be in placel water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada COl.mty Highway District prior to applying for building permits. All development improvements, including fencing, micro-paths, irrigation, a nd landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Delete the incorrect southern boundary dimension (1206.67') of Lot 23, Block 4. 5. Permanent fencing shall be installed by the developer along the south side of Lots 24 -27 and Lots 42 - 50, Block 4 to separate the White Drain common lot from the buildable lots. 6. Fencing adjacent to the proposed micro-path lot (Lots 28, Block 4) shall be no higher than four (4) feet in height if the fence is sight-obscuring and constructed by the developer prior to obtaining certificates of occupancy. Fencing adjacent to the pathway amenity lots (Lot 35, Block 4 and Lot 8, Block 12) shall be no higher than four (4) feet in height ifthe fence is sight- obscuring and noted as such on the plat. 7. Per Preliminary Plat (PP-OI-024) condition #61, all drainage within the micropath lots shall be maintained within the 7 Y2. foot area on either side of the 5-foot hard surface path and not drained to the fence line. A minimum three (3) foot wide separation between the hard surface path and adjacent building lots shall be maintained. 8. The Landscape Plan dated 03-19-03 by The Land Group, Inc. is approved with the following modifications: / 5~ "f~'h,o.t ~ .~) The proposed Colorado and Engelmann Spruce trees in the W. Monument Street 'P tccr <9 r-t\;.& feJ( ~ median planters on Sheet DD-2 of the Landscape Plan are not approved and must be n u . ~d~ 1 &,(~.A..to~ replaced with a permitted species, per MCC 12-13-7-1. \:....i.N/l.v::is-,/ 03 ) The four ( 4) parking stalls 0 n N . McKinley P ark A venue 0 n Lot 3, Block 9 are not (9vv If approved. Off-street parking must be at least four (4) feet off of the public right-of-way. Submit a revised lot plan with the Certificate of Zoning Compliance application. c) Five (5) foot tall picture frame fencing is shown at several10cations within 20 feet of the right-of-way line. All solid fencing must be reduced to a maximum of three (3) feet in height when constructed within 20 feet of the right-of-way. (See General Note #7 on SheetDD-I). d) Add perimeter fencing in accordance with condition #5 above. 9. Modify or add the following plat notes in the manner noted below: FP-03-0 16 Baldwin Park Sub No.3 E yeiLe ~ b >f alT t{ c2 CJ f ~ Mayor and Council April 15, 2003 Page 3 (14.) Fencinr! adiacent to Lots 28 and 35 of Block 4 and Lot 8, Block 12 shall be limited in heirzht to four (4) feet. ifsir!ht obscurinr!. 10. Sanitary sewer service to this site shall be via the White Drain Trunk. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 11. Municipal water service to this site shall be via main line extensions from mains installed in previous phases. Applicant will be responsible to construct the water mains to and through this proposed development. 12. Complete the Certificate of Owners and accompanying Acknowledgment. 13. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 14. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during IOO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. 15. Add distance dimensions to the north side of Lot 26 and 42, Block 4. 16. Correct the southern dimension of Lot 42, Block 4. 17. Add the street name "W. Yosemite Drive" to the face of the plat at the south terminus ofN. Melrose Park Avenue. 18. Revise the west end bearing ofN. Melrose Park Avenue to aNE bearing instead ofSW. 19. Correct the east and west dimensions of Lot 35, Block 4. 20. Graphically depict five-fa at-wide easements for public utilities, drainage, and irrigation along the western boundary of Lot 24, Block 4, and the eastern boundary of Lot 1, Block 11, Lot 1, Block 12, Lot 1, Block 13, and Lot 50, Block 4. As these lot lines will be side lot lines against future phases ofthis development. 21. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12w4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or FP-03.016 Baldwin Park Sub No.3 f~b;~ 'it" 3 c3PJ-j Mayor and Council April15,2003 Page 4 lateral users association, with written confinnation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. One-Hundred watt (lOOw), high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and pennit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 6. Sewer and water mains shall be extended to and through the proposed development, thereby making the available for adjacent properties. 7. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street fmish centerline elevations are set a minimum of three feet above the highest established nonnal groundwater elevation. 8. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Department. 9. Provide five-foot~wide sidewalks in accordance with City Ordinance Section 12-5-2.K. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures. FP-03-016 Baldwin Park Sub No.3 G>vttj~b,1- ItA I ( '-Ior?1 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the A. i" day of /J 0..: / in the year 2003 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNEl)and Sunshine Landscape (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration ofthe mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: The Project includes all labor and materials to landscape the south section of the Waste Water Treatment Plant. The Project for which the Work under the Agreement is described as follows: 2003 WWTP Landscaping. All replacement materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. Tbe Contractor should become familiar witb tbe specifications. Detailed DescriPtion of Work The work is described in Exhibit A. Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within forty five (45) calender days from the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in current funds as foHows: $14,610.08 Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account ofthe Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 15th day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day ofthat month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion 4/22/2003 Page 10f4 ( and acceptance ofall Work covered by this Agreement. Upon completion and acceptance ofthe Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONTRACTOR has studied carefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement M N/A. 8.3 Information For Bidders. 8.4 Drawings. 8.5 CONTRACTOR's Quote. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). 8.10 City of Meridian Standard Specifications & Drawings - 2002 8.1 I BICD General Conditions There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. 4/22/2003 Page 20f4 Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent ofthe party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on A (l" : I ,,1" ,20..Q3 Owner -:;. \ By: Name: Attest: SEAL ;: '1'. ~ 2 City Council Approval Date: 4115f~J.~ ~r 1$1' . "\ .j> J ~ ~ ~. $' ~..:-/. CO, ... ....--..I ~ \\.~ 'IIII,Vr<I ~.~ , \\\\\. IffritHt 11~\\\\\ 4/22/2003 Page 30f4 Sunshine landscape, LLC 18746 Wootworth Lane Nampa, ID 83687 Phcne~ {20B} B84.a036 Fax: (208) 884-8036 Exhibit A W~ city of Meridian 3401 N. Ten Mile Road Merktl.", 10 83642 20B.a8a-2191 Job Descrlptlon and SpeclffcaUons: Install sprinkler cystem, finegrade, and in&tl!IlI seed. Finegrade includes 50 yards of topsoil and removing rocks and debris from finegrade. Cost Breakdown: Sprinkler Pllll'lt& Trees Bar1<lRock Bark RDckITopsoillGravel Sod/Seed Weed Fabric Edgill91Curbing Retaining Wall Patio/Brick Walks Finegrading DesignfTear OutJ Cleanup Equipment Delivery/Disposal Total Job Coat Terms & Conditions: Accepted by 7,420.50 1,913.75 3,150.00 1,007.61 906.76 211.25 14,610.08 50% of T otel Job Cost is due at the start of project Balance is due When project is cDmplete. Date: 4/22/2003 APR 21 '03 15:16 Page 4 of 4 Oot~: ~ 11"",: ':n PM PAGE. 01 WORK CHANGE DIRECTIVE No. I DATE OF ISSUANCE 5/9/2003 EFFECTIVE DATE 5/12/2003 OWNER: City of Meridian ENGINEER :Civil Survey Contract: 2003 Victory Road Water Main Project: . OWNER's Contract No. City Council Approval: 4/15/2003 /' You are directed to proceed promptly with the following change(s): Description: See attached. Purpose of Work Change Directive: Better water distribution. Attachments: Quote If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defIned in the Contract Documents. Method of determining change in Contract Price: o Unit Prices IRJ Lump Sum not to exceed o Cost ofthe Work Estimated increase (decrease) in Contract Price: $ 3,200.00 If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Estimated increase (decrease) in Contract Times: Substantial Completion: N/A days; Ready for final payment: N/ A days. Pt:!J/u E2GfNEER By: ~&JAA~ GA..~Or A~. -,,1- OWNER By: obert D. Corrie Ma or Attest: ~ ~ - WORK CHANGE DIRECTIVE INSTRUCTIONS A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Times a Field Order should be used. B. COMPLETING THE WORK CHANGE DIRECTIVE FORM Engineer initiates the form, including a description of the items involved and attachments. Based on conversations between Engineer and Contractor, Engineer completes the following: METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price. If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed Work when the estimated time is reached. If the Work Change Directive is not likely to change the Contract Price, the space for estimated increase (decrease) should be marked "Not Applicable", Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize changes in Price or Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer's recommendation. Paragraph lO.03.A.2 of the General Conditions requires that a Change Order be initiated and processed to cover any undisputed sum or amount of time for Work actually performed pursuant to this Work Change Directive. Once the Work covered by this directive is completed or fmal cost and times are determined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTL Y. Glenn K. Bennett, P.L.S. President Civil Survey Consultants, Inc. 100 South Adkins Way Suite 101 Meridian, Idaho 83642 (208)888-4312 Fax 888-0323 Timothy A. Burgess, P.E. Vice President April 2, 2003 Len Grady City of Meridian 660 E. Watertower Meridian,ID 83642 Re: Victory Road Water Line Dear Len: As requested I have prepared a fee estimate to increase the scope of services for the design of the Victory Road Water line as follows: 1. Prepare bid and contract documents for the project so that it can be competitively bid rather than negotiated. 2. Add approximately 1700 lineal feet of water main from Sherbrooke Hollow No.3 to Thousand Springs including crossings of the Ridenbaugh Canal and the Nine Mile Drain. 3. Revise the COE Joint Application For Permit to include the new pipe segment and crossings. 4. Resubmit the plans to the NMID and DEQ for approval. 5. Have the revised project ready for bid this fall with construction beginning as soon as the water leaves the canals and the Overland Road is open for traffic. I estimate that the revisions as outlined above will cost an additional $3,200 in fees. I have attached a man-hour and fee estimate for the additional work for your reference. We will proceed with these additions upon your approval of the fee estimate and notice to proceed. Sincerely, Civil Survey Consultants, Inc. r;:: ~ Tim Burgess, P.E. Civil Survey Consultants Man-hour Estimate City of Meridian Victory Road Water Main - Supplement Task Description Project Chief Project Design Technician I Technician I GPS Total Manager of Surveys Engi neer Engineer 1. Design Survevs 2 2 4 4 2. Revise Cover Sheet 1 1 3. Add Plan Sheet 8 8 4. Revise Crossing Detail Sheet 8 8 5. Add Bid & Contract Documents 1 8 9 7. Revise Bid Schedule & Estimate 2 2 8. Revise Jolint Aoolication For Permit 4 4 9. New NMID Coordination 1 1 11. New Review and Approval 2 4 6 12. Increase Construction Services 1 2 4 2 7 Total Man.Hours 4 0 0 0 4 42 6 50 Classification Hours Rate Tptal Proiect ManaR:er 4.00 @ $90.00 = $360.00 Chief of Survevs 0.00 @ $90.00 - $0.00 Project Engineer 0.00 @ $70.00 - $0.00 Oesi,;,n En,;,ineer 0.00 @ $65.00 - $0.00 Technician I 4.00 tal $60.00 - $240.00 Technician II 42.00 @ $55.00 = $2,310.00 labor Subtotal 50.00 $2,910.00 Classification H rs/Mi les Rate Total Misc. Printin,;, $50.00 GPS 6.00 @ $40.00 = $240.00 Direct Subtotal $290.00 Total Design Fees $3,200.00 Merid i an.Victory.Water.xl s e , ~ r;J.U.B } ~ ,. J-U-B EN6JNEERS, Inc. 250 S. Beechwood Avenue, Suite 201 . Boise, Idaho 83709-0944 . Telephone (208) 376-7330 . FAX (208) 323-9336 AUTHORIZATION FOR ADDITIONAL SERVICES - NO.3 CLIENT: PROJECT NAME: J-U-B Project Number: CITY OF MERIDIAN SOUTH SLOUGH TRUNK SEWER 11690-07 The following additional items of work on the project referenced above have been or will be provided by J-U-B ENGINEERS, Inc. These additional services are a supplement to the scope of services contained in J-U-B's existing Agreement for Engineering Services for this project, dated November 21. 2000 approved bv City Council . Additional Services: J-U-B ENGINEERS, Inc. was verbally authorized to provide these services by: n/a Name n/a Date Unless otherwise noted below, J-U-B ENGINEERS, Inc. will provide these additional services on a time and materials basis, using the Firm's standard billing rates, or if applicable, the billing rates established in the initial Agreement for Engineering Services. Other Basis for Payment: Aoreement. Time and material basis as outlined in Attachment "A" of Dated this I (:/~ day of -B.pn l 200~. J-U-B ENGINEERS, Inc. By: er Attest' William 41rtJveJ "t Coo nci I: Rev. January 2000 . ):o:~~ s ~ 'II: 'J:tl3-<' 000 ;;'-'- ';I3",-n -):0:;': ~ ~~tt\ 0 ~O;Q :1 0'80 ~. 'Z C~ r'" -n:o~ (/) ~ o ' ir::; &ffi. ,,~(J) '5 t~g '3l o~ 0-\-\ 04" ~. 5 ~i ':l0'J: 1ft (.i _~(J) 9 ,,"0 ~-eb Cl g' ~ g '" '):Pt'""C !!l- " ~C' ;s a \g(~i, ~ t'"" G) ~ (J) ::t. .-i :> 'tl ~ -\ ~ n\ gr' ~. ~ S\ ~%' ~ <:. ~ ? "'~;;( {O '0 ~ \ '.'" p tJ\ ~ ~iP 5 <:>i.c1J -\ '0 ~ 8",-- (.,) ,\ ? 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