The URL can be used to link to this page

Home My WebLink About2003-04-01*K TX CONF: fIDN REPORT ** AS OF MAR 26 '03 It. ,4 PAGE.01 CITY OF MERIDIAN �[to,Su, VoSi * X061 ic) [Jo--ic.w - I YLC4✓l1�6 CITY OF MERIDIAN PRE -COUNCIL MEETING AGENDA Tuesday, April 1, 2003 at 6:30 p.m. City Council Chambers 1. Roll -call Attendance; Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Update of Construction and Annexation Interest for Carol Subdivision_ {5 minutes"} 4. Update of Lakes at Chegy Lane Na„ 9 Pathway (Tiling or Fencing of Eight Mile Lateral between the Lakes at Cherry Lane No. 9 and Wilkins Ranch Subdivision): (10 minutes") 5. Discussion of Due Structure for ACCEM (Ada City — County Emergency Management): (5 minutes*) 'Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. kf-ridian CityCwneil Agendt — April 1, 2003 Page l of All marcrials praseoredaz public meetht} shill become proputy of the City orblttidinn. Anyen< desiring oecommadaden for diubilitia related to doeumema andfor hearings please canna the City Clak's OlTct at BSS-JA33 at lcest 42 hoe prior to the public mcctink. DATE TIME TO/FROM MODE MIN/SEC PGS CMD#i STATUS 01 03/28 16 ea LIBRARY EC --S 01'53" 005 131 OK 02 03/26 16=11 92083776449 EC --S 01'24" 005 131 OK 03 03/28 16:12 208 388 6924 EC --S 01'52" 005 131 OK 04 03128 16115 2086886854 EC --S 01'25" 005 131 OK 05 03/28 16;1? 2084674538 EC --S 01'24" 005 131 OK 06 03/28 16=19 8950390 EC --S 01'25" 005 131 OK 077 03/28 16:21 Laurel EC --S 01'27" 005 131 OK 08 03/28 16:23 20B 387 6393 EC --S 01'24" 005 131 OK 09 03/28 16=24 ADA CTY DEVELMT G3 ---S 02'46" 005 131 OK 10 03/28 16:28 CHERRY LANE EC --5 01'52" 025 131 OK 11 03/28 16:30 POST OFFICE EC --S 212'30" 805 131 OK 12 03/28 16:33 208 Bee 1983 03--S 02'00" 005 131 OK 13 03/26 16:36 ID PRESS TRIBUNE EC --S 01'26" 005 131 OK 14 03/28 16:38 208 888 6700 EC --S 01'25" 005 131 OK 15 03/28 16:43 12064664405 EC --S 01'28" 005 131 OK �[to,Su, VoSi * X061 ic) [Jo--ic.w - I YLC4✓l1�6 CITY OF MERIDIAN PRE -COUNCIL MEETING AGENDA Tuesday, April 1, 2003 at 6:30 p.m. City Council Chambers 1. Roll -call Attendance; Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Update of Construction and Annexation Interest for Carol Subdivision_ {5 minutes"} 4. Update of Lakes at Chegy Lane Na„ 9 Pathway (Tiling or Fencing of Eight Mile Lateral between the Lakes at Cherry Lane No. 9 and Wilkins Ranch Subdivision): (10 minutes") 5. Discussion of Due Structure for ACCEM (Ada City — County Emergency Management): (5 minutes*) 'Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. kf-ridian CityCwneil Agendt — April 1, 2003 Page l of All marcrials praseoredaz public meetht} shill become proputy of the City orblttidinn. Anyen< desiring oecommadaden for diubilitia related to doeumema andfor hearings please canna the City Clak's OlTct at BSS-JA33 at lcest 42 hoe prior to the public mcctink. ** T{ CONFI RMF, ..ON REPORT* AS OF MAR 28 '03 x6.08 PAGE.01 CITY OF MERIDIAN yb 0,%, VDS 1* fl) 61 l U N) 0-" I CS - 1 V L (4 v kj CITY OF MERIDIAN PRE -COUNCIL MEETING AGENDA Tuesday, April 1, 2003 at 6:30 p.m. City Council Chambers 1. Roll -call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Update of Construction and Annexation Interest for Carol Subdivision: (5 minutes*) 4. Update of Lakes at Che Lane No 9„Pathwav (Tiling or Fencing of Eight Mile Lateral between the Lakes at Cherry Lane No. 9 and Wilkins Ranch Subdivision): (10 minutes`) 5. Discussion of Due Structure for ACCEM (Ada City — County Emergency Management): (5 minutes") *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Council Agenda — April 1. Z003 ?ago I or I All marcrWr' presented at public meetings shall become property of tie City Of Meridian, Anyone desiring accommodation for disabilities relatcdro dccurnerft and/or hauings plcase tonna the City Clerk's 0l7Sca 41 88S4433 M (cast 49 hours prior to the public meeting, DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 27 03/28 15=55 3810160 EC --S 02'31" 005 131 OK 28 03/28 15:58 PUBLIC WORKS OF --S 01'11" 005 131 OK 29 03/28 16=00 8841159 EC --S 01'26" 005 131 OK 30 03/28 16:02 2088840744 EC --S 01'26" 005 131 OK 31 03/26 16:04 2088467356 EC --S 01'26" 005 131 OK 32 03/28 16;06 6985501 EC --S 01'25" 005 131 OK yb 0,%, VDS 1* fl) 61 l U N) 0-" I CS - 1 V L (4 v kj CITY OF MERIDIAN PRE -COUNCIL MEETING AGENDA Tuesday, April 1, 2003 at 6:30 p.m. City Council Chambers 1. Roll -call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Update of Construction and Annexation Interest for Carol Subdivision: (5 minutes*) 4. Update of Lakes at Che Lane No 9„Pathwav (Tiling or Fencing of Eight Mile Lateral between the Lakes at Cherry Lane No. 9 and Wilkins Ranch Subdivision): (10 minutes`) 5. Discussion of Due Structure for ACCEM (Ada City — County Emergency Management): (5 minutes") *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Council Agenda — April 1. Z003 ?ago I or I All marcrWr' presented at public meetings shall become property of tie City Of Meridian, Anyone desiring accommodation for disabilities relatcdro dccurnerft and/or hauings plcase tonna the City Clerk's 0l7Sca 41 88S4433 M (cast 49 hours prior to the public meeting, CITY OF MERIDIAN PRE -COUNCIL MEETING AGENDA Tuesday, April 1, 2403 at 6:30 p.m. City Council Chambers 1. Roll -call Attendance: Tammy de Weerd 0 Bill Nary Cherie McCandless = Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: aP�rvv�c 3. Update of Construction and Annexation Interest for Carol Subdivision: (6 minutes`) 4. Update of Lakes at Che Lane No. 9 Pathwa (Tiling or Fencing of Eight Mile Lateral between the Lakes at Cherry Lane No. 9 and Wilkins Ranch Subdivision): (10 minuttasa) 'j("idcus,r /ytadr� p u� 5. Discussion of Due Structure for ACCEM (Ada City — County Emergency Management): (5 minutes"} *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian Cry Council Agenda—Atm/ 1,7003 Pagel ofl All otataiala prnerucd az public tn+arines shill become properly of the City o1'Mc6d6a Anyone dCfiring=x=modafien for divbpitia rt1mcd to dummcma and/or hcuings picric con" the City Cleric's 6ffies at 888-0433 at [tart 48 heura priarlo thepublio mectinS. * TX CON. ITION REPORT ** AS OF RPR 01 '03 2:5. PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDK STATUS 07 04/01 23:36 3810160 EC --S 00'30" 001 204 OK Oe 04/01 23:36 PUBLIC WORKS OF --S 00112" 001 204 OK 09 04/01 23:37 12084664405 EC --S 00'22" 001 204 OK 10 04/01 23:38 8841159 EC --S 00'22" 001 204 OK 11 04/01 23:39 2088840744 EC --S 00'20" 001 204 OK 12 04/01 23:40 2098467366 EC --S 00122" 001 204 OK 13 04/01 23:41 8985501 EC --S 00121" 001 204 OK 14 04101 23:42 LIBRARY EC --S 00123" 001 204 OK 15 04/01 23:42 92093776449 EC --S 00'21" 001 204 CK 16 04101 23:43 208 368 6924 EC --S 00'23" 001 204 OK 17 04/01 23:44 2088886854 EC --S 00'21" 001 204 OK 18 04101 23:45 8950390 EC --S 00'21" 001 204 DK 19 04101 23:46 208 387 6393 EC --S 00'21" 001 204 OK 2e 04/01 23:47 ADA CTY DEVELMT G3 --S 00140" 001 204 OK 21 04/01 23:48 CHERRY LANE EC --S 00124" 001 204 OK 22 04101 23:49 POST OFFICE EC --S 00'29" 001 204 OK 23 04/01 23:50 208 888 1983 G3 --S 00'28" 001 204 OK 24 04/01 23:51 ID PRESS 7R[6UNE ZC--S 00'21" 001 204 OK 25 04/01 23:52 208 888 6700 EC --S 00'21" 001 204 OK CITY OF MERIDIAN PRE -COUNCIL MEETING AGENDA Tuesday, April 1, 2403 at 6:30 p.m. City Council Chambers 1. Roll -call Attendance: Tammy de Weerd 0 Bill Nary Cherie McCandless = Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: aP�rvv�c 3. Update of Construction and Annexation Interest for Carol Subdivision: (6 minutes`) 4. Update of Lakes at Che Lane No. 9 Pathwa (Tiling or Fencing of Eight Mile Lateral between the Lakes at Cherry Lane No. 9 and Wilkins Ranch Subdivision): (10 minuttasa) 'j("idcus,r /ytadr� p u� 5. Discussion of Due Structure for ACCEM (Ada City — County Emergency Management): (5 minutes"} *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian Cry Council Agenda—Atm/ 1,7003 Pagel ofl All otataiala prnerucd az public tn+arines shill become properly of the City o1'Mc6d6a Anyone dCfiring=x=modafien for divbpitia rt1mcd to dummcma and/or hcuings picric con" the City Cleric's 6ffies at 888-0433 at [tart 48 heura priarlo thepublio mectinS. t ** TX CONFIRMATION REPORT 8c AS OF MAR 28 '03 14:05 PAGE.01 CITY OF MERIDIAN MAYOR Robert D. Carrie CITY COUNCIL MEMBERS Tammy deWecrd William L. M. Nary Cherie McCandless Keith Bird CITY UN r �Y1G�I�YI '��` ~� �r If)AHf} I� A �1lFh C4111F V1Imet' 1903 PLANNING AND ZONING (208) 884-5533 • Fax 888.6854 LEGAL DEPARTMENT (208) 288-2449 - Fax 288.2501 PARKS & RECRENtION (208 888-3570 • tax 898-3501 PUBLIC WORKS (208)898 -5500 -Fax 887.1297 BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 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 1, 2003 at 6.30 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council DATE TIME TO/FROM MODE MIN/SEC PGS CMDF# STATUS 06 03/28 13:45 3810160 EC --S 00'34" 001 129 OK 07 03/28 13:46 PUBLIC WORKS OF --S 00'15" 001 129 OK 08 03/28 13:47 12084664405 EC --S ee'25" 001 129 OK 09 03/28 13:47 8841159 EC --S 00'25" 001 129 OK 10 03/28 13:48 2088840744 EC --S 00'24" 001 129 OK 11 03/28 13:49 2088467366 EC --S 00'25" 001 129 OK 12 03/28 13:50 8985501 EC --S 00'24" 001 129 OK 13 03/26 13:51 LIBRARY EC --S 00'29" 001 129 OK 14 03/28 13:52 92083776449 EC --S 00'24" 001 129 OK 15 03/26 13:53 208 388 6924 EC --S 00'28" 001 129 OK 16 03/28 13:54 2088886854 EC --S 00'25" 001 129 OK 17 03/28 13:55 8950390 EC ---S 00'24" 001 129 OK 18 03/28 13:56 Laurel EC ---S 00'24" 001 129 OK 19 03/28 13:57 208 387 6393 EC --S 00'24" 001 129 OK 20 03/28 13:58 ADA CTY DEUELMT G3 --S 00'40" 001 129 OK 21 03/28 13:59 CHERIE MCCANDLES EC --S 00'29" 001 129 OK 22 03/28 14:00 CHERRY LANE EC --S 00'28" 001 129 OK 23 03/28 14:01 POST OFFICE EC --S 00'34" 001 129 OK 24 03/28 34:02 208 888 1963 G3 --S 00'31" 001 129 OK 25 03/28 14:03 ID PRESS TRIBUNE EC --S 00'24" 001 129 OK 26 03/28 14:04 208 888 6700 EC --S 00'23" 001 129 OK MAYOR Robert D. Carrie CITY COUNCIL MEMBERS Tammy deWecrd William L. M. Nary Cherie McCandless Keith Bird CITY UN r �Y1G�I�YI '��` ~� �r If)AHf} I� A �1lFh C4111F V1Imet' 1903 PLANNING AND ZONING (208) 884-5533 • Fax 888.6854 LEGAL DEPARTMENT (208) 288-2449 - Fax 288.2501 PARKS & RECRENtION (208 888-3570 • tax 898-3501 PUBLIC WORKS (208)898 -5500 -Fax 887.1297 BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 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 1, 2003 at 6.30 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council CITY OF MERIDIAN PRE -COUNCIL MEETING AGENDA Tuesday, April 1, 2003 at 6:30 p.m. City Council Chambers 1. Roll -call Attendance: Tammy de Weerd 0 Bill Nary Cherie McCandless X Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: ��P4__r_ 3. Update of Construction and Annexation Interest for Carol Subdivision: 1pfe,,,Ad_ �J�,�✓�, (5 minutes*) 4. Update of Lakes at Cherry Lane No. 9 Pathwa (Tiling or Fencing of Eight Mile Lateral between the Lakes at Cherry Lane No. 9 and Wilkins Ranch Subdivision): (10 minutes*) didcu��t `' 17,zoe6P:el— 5. Discussion of Due Structure for ACCEM (Ada City — County Emergency Management): (5 minutes*)�f�c� *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Council Agenda — April 1, 2003 Page 1 of 1 All materials presented at public meetings shaft 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. CITY OF MERIDIAN PRE -COUNCIL MEETING AGENDA Tuesday, April 1, 2003 at 6:30 p.m. City Council Chambers 1. Roll -call Attendance: Tammy de Weerd ® Bill Nary Cherie McCandless �Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda:v-e� 3. Update of Construction and Annexation Interest for Carol Subdivision: ��-,�f�,,cC �d15-rAvvW�;f�a� (5 minutes*) 4. Update of Lakes at Cherry Lane No. 9 Pathwa (Tiling or Fencing of Eight Mile Lateral between the Lakes at Cherry Lane No. 9 and Wilkins Ranch Subdivision): (10 minutes*) dld�jss�a-r A,ze r :e 5. Discussion of Due Structure for ACCEM (Ada City — County Emergency Management): (5 minutes*) `Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Council Agenda — April 1, 2003 Page 1 of 1 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. May 2, 2003 MERIDIAN CITY COUNCIL MEETING May 6, 2003 APPLICANT ITEM NO. REQUEST Approve minutes of April 1, 2003 Pre -Council Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN PRE -COUNCIL MEETING AGENDA Tuesday, April 1, 2003 at 6:30 p.m. City Council Chambers 1. Roll -call Attendance: X Tammy de Weerd O Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Carrie 2. Adoption of the Agenda: Approve 3. Update of Construction and Annexation Interest for Carol Subdivision: Presented by Brad Watson (5 minutes*) 4. Update of Lakes at Cherry Lane No. 9 Pathwa (Tiling or Fencing of Eight Mile Lateral between the Lakes at Cherry Lane No. 9 and Wilkins Ranch Subdivision): Discussed — modified Preliminary Plat (10 minutes*) 5. Discussion of Due Structure for ACCEM (Ada City — County Emergency Management): Discussed (5 minutes*) *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Council Agenda — April 1, 2003 Page 1 of 1 All materials presented at public meetings shall become property of the Cityof 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. Meeting Aprill,2003 2003 Meridian City Pre -Council ,. ,_.., .. , The Pre -Council Meeting of the Meridian City Council was called to order at 6:30 P.M. on Tuesday, April 1, 2003, by Mayor Robert Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, and Cherie McCandless. Members Absent: Bill Nary. Others Present: Brad Watson, Brad Hawkins -Clark, Bill Nichols, Gary Smith, Doug Strong, and Will Berg. Item 1. Roll -call Attendance: X Tammy de Weerd O Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: All right I'm going to open the Pre -Council Meeting for Tuesday, April 1, 2003 at 6:30 P.M. at the City Council Chambers. At this time, I would like to have the City Clerk have roll call attendance please. Item 2. Adoption of the Agenda: Corrie: The second item is the adoption of the agenda. Council you have the three items of the Pre -Council Agenda. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: 1 would move that we adopt the Pre -Council Meeting Agenda as published. De Weerd: Second. Corrie: Okay motion been made and second to adopt the agenda as published any further discussion. All those in favor of the motion say aye. Three ayes motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Update of Construction and Annexation Interest for Carol Subdivision: Meridian City Pre -Council Meeting April 1, 2003 Page 2 of 12 Corrie: Item Number 3 is the construction and annexation interest for Carol Subdivision Brad Watson. Watson: Thank you Mr. Mayor and Council Members. The agenda item said both construction and annexation so I assume that you wanted both of those. The construction part is according to our Staff Engineer Len Grady who is managing the project is about 50 percent complete dollar wise. Only one of the three borings is complete they ran into some problems on the initial one that took them a lot longer than estimated. Originally, the contract was supposed to end in mid May. The current estimate is the end of July but they will have all the open cut pipe work done on schedule it's just those borings, the last two borings going across Eagle Road will be the critical path. Before I move onto the annexation stuff, do you have any questions on the construction? I'll point out we had Brown Construction as the contractor out there and all indications are from the residents that they've done a really, really good job and have really worked with the residents in Carol Subdivision extremely well considering the destruction they (inaudible) to those streets out there. It sounds like for the most part everyone's reasonably I wouldn't say happy but they're — they seem to be okay except for maybe a few. Moving onto the annexation issue based on the direction that I got from Council in October after we had done a little survey one of the residents out there has been working with me to put together a group annexation application. That kind of kicked into high gear last month and 22 of the 49 property owners elected to be part of a group annexation application. The map that I think Will perhaps passed out to you shows those lots that want to participate. They are all in a manner of speaking contiguous either to existing city limits or by another lot that wants to annex. The only exception I might point out is the two at the north end of the subdivision that abut Ustick Road. They would be contiguous if the Parkstone Subdivision that's on the agenda for later tonight is officially annexed. What they're wanting to do and I think staff is supportive of is for all of them to come in together under one application rather than having 22 individual annexation and zoning applications and Public Hearings come through here. That will obviously decrease all of our workloads immensely. Unfortunately, it's a bit of a patchwork out there. The resident that was working with me he didn't do a lot of campaigning but he took it upon himself to make the initial contact with all the property owners out there. l in turn corresponded, sent out mask mailings several times to those people and got almost 50 percent participation which was more than I anticipated. I think this would probably be scheduled to be heard in May at least that's what I was told by Planning and Zoning. That's about all I know at this point. I'll welcome any questions if you have any. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: You know Brad 1 know that probably your department, Planning and Zoning look at this and kind of cringe. Maybe our safety services do as well that Meridian City Pre -Council Meeh ig April 1, 2003 Page 3 of 12 with the Joint Powers Agreement or Joint Group Agreement and servicing I think is the best way we can do it. As these other ones see the benefits of going on line with sewer and water you know eventually we'll have this all taken care of. I think you're office has dealt with these residents very fairly and you've bent over backwards in trying to meet their service needs. This may not be ideal but I think you guys have done a very good job in getting to this point so I appreciate it. Watson: Thank you. Corrie: Brad these 22 out of the 49 they're willing to go on -- they water and sewer and right now as they annex is that correct? Any other how are we going to do that where some are on it some aren't? Do they just not connect to the availability of the sewer and the water is that the case? Watson: Mr. Mayor and Council Members we stuck services in to each and every lot at their direction or locations they directed. I've sent probably three or four different mailings to them explaining fees and how to go about all of this. Until they annex we won't set a water meter so they don't have any physical connection to it. I guess there's always the risk of a nighttime sewer connection but I doubt that many people are too interested in doing that. Based on the October discussion that I had with Council there are some lots that will still remain noncontiguous to any city limits. My correspondence based on that October discussion was that they could still elect to connect to the water and sewer if they signed this Annexation Agreement that's not the proper term for it but those agreements that we've executed in the past. Corrie: Okay. I too commend you for the time you've put into this staff time as well have done a good job here. Eventually, the others will see the light I think too. Watson: Thank you. Corrie: Any other questions? Bird: I have none. Carrie: Okay thank you very much appreciate that. Watson: Thank you. Item 4. Update of Lakes at Cherry Lane No. 9 Pathway (Tiling or Fencing of Eight Mile Lateral between the Lakes at Cherry Lane No. 9 and Wilkins Ranch Subdivision): Meridian City Pre -Council Meeting April 1, 2003 Page 4of12 Corrie: Item Number 4 is the update on Cherry Lakes or excuse me Cherry Lane's No. 9 pathway tiling or fencing of Eight Mile Lateral between the Lakes at Cherry Lane No. 9 and Wilkins Ranch Subdivision. Brad do you want to start. Hawkins -Clark: Thank you Mayor Members of the Council this item was placed on the agenda at the request of Councilwoman de Weerd. As you know this development has had over two and a half years now of a pending condition that we at the Planning and Zoning Department have been sort of poking at here and there for a long time. I guess I'll just take a couple of minutes to briefly highlight what 1 understand to be the main issue at hand. Mr. Nichols as well as Mr. Arnold are actually more versed in the background of this project so they can speak maybe more directly to any questions you might have. Just quickly, the packet that you received I did include an email that I sent to Mr. Berg that noted that there were several key letters and correspondence that have taken place. Essentially, what we have is a Final Plat for The Lakes at Cherry Lane No. 9 a condition that was a part of the Final Plat was that the developer continue a pathway along the Eight Mile Lateral. It was Condition Number 8 of the staff report that was file PP -99-005 so this Final Plat was mid -1999. 1 guess I'm going to — just there was a couple of site photos that are here that show some of the areas around the Wilkins Ranch, Lakes at Cherry Lane and other golf course abutting subdivisions. That's basically there for the Council's further input later on. This photo here in the bottom right is taken looking northwest. Wilkins Ranch Subdivision is here on the right hand side. Lakes at Cherry Subdivision is here on the left hand side. The Eight Mile Lateral courses in between. This is a common lot for Wilkins Ranch from the center of the canal to the north and a common lot within Lakes of Cherry Lane from the center of the canal to the south. The subdivision Wilkins Ranch was not required to construct a pathway the Lakes at Cherry Lane was. As you can see here this is a public sidewalk there on what I believe is Moon Ranch. De Weerd: Moon Lake. Hawkins -Clark: Moon what? De Weerd: Moon Lake. Hawkins -Clark: Moon Lake I'm sorry Moon Lake right. These are just further down to the west. Staten Park Subdivision abuts Wilkins Ranch on the north side of the drain. It was required to construct a pathway this does not reflect that but the chainlink fencing is abutting Wilkins as well as Staten Park. As you can see the Irrigation District does have a maintenance road that's on the north side of the canal. Here's just a quick look at the Lakes at Cherry Lane No. 9 plat. The photograph that I showed you is along this portion of the canal the Eight Mile Lateral is here. The common lot runs behind all of these residential lots the full distance of that northern boundary. At issue I guess is basically comes down to a couple of things. One this is a condition that the developer had placed on him Meridian City Pre -Council Meeting April 1, 2003 Page 5 of 12 by the city. We are holding in approximately 17,000 dollars. We have been for three years now. They've renewed their letter of credit I believe three different times it expires in about three weeks for the third or fourth time. Essentially the money is there to be used if the city wants to, to construct this pathway. This is not a pathway that is on either the Park's Master Plan or the Comprehensive Plan so it is not shown as a public pathway. It's part of the public pathway system. Most of ours are along natural drains not these man made laterals. I guess it begs the question one do we want to continue to enforce — if we want to enforce this condition then we need to do so. Either the engineering needs to be done and the pathway needs constructed then the bond can be taken care of and off the city's books or if the City Council would prefer to reconsider the condition then I think the plat would need to be reopened and this condition formerly removed. That may be simplifying it quite a bit. If you've read the material, you can see that there are a number of issues at stake including the fact that we don't have a License Agreement with Nampa Meridian Irrigation District at this point in time and Mr. Nichols pointed that out in his memo. As we talked about two weeks ago, the Irrigation District's preference would be for the Homeowners Association to indemnify the City of Meridian. We are going to be putting that on future plats but in this case the Homeowners Association of Lakes at Cherry Lane No. 9 did not have that condition so we would potentially need to go and visit that issue with the Homeowners Association and see if they're willing to indemnify the city should that be the Council's wish. I think those are some of the highlights. Corrie: Any questions right now of Brad. Mr. Nichols. Nichols: Mr. Mayor just to add to what Brad had to say initially the discussion got going because Nampa Meridian had sent some letters to the developer saying we will not allow you to construct a pathway under any circumstances. Then we have a meeting at the office of the attorney for the Irrigation District in which they said yes we will allow a pathway if we approve the plans. If there's a License Agreement between the district and the city that ties into the Master Pathway Agreement, which includes the issues with regard to indemnifying the district against any liability claims, also outlying maintenance responsibilities, contact for closure and those sorts of things. Mr. Arnold is here and he can — if I've left anything out but I think that's where it was is at that meeting which 1 think was September of last year the developer was checking into what it would cost to tile the Eight Mile Lateral. It's a big ditch it's not a small ditch. He had to get those numbers, had to have the water flow information in order to get those numbers, do those calculations and see what it would cost to tile the ditch versus installing a pathway with an open vision removable chainlink fence. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. Meridian City Pre -Council Meeting April 1, 2003 Page6of12 De Weerd: Mr. Nichols didn't — I think one of the points that was discussed was the safety factor and the speed of the water as it came out from underneath that road was that not one of the issues discussed? Nichols: Councilwoman de Weerd, Mayor, and Members of the Council the speed of the water is one of the concerns or one of the issues. The Irrigation District if I recall correctly wanted the fence to come from the bridge abutment down along the edge of the ditch so that there was an access between the edge of the fence and the bridge abutment into the water. If I recall correctly I think that's where that was. I think one of the other issues was well where does the pathway go and that seems to be an issue. Right now on the southeast corner of Ustick and Black Cat that is unplatted open land so this where — Brad if you can bring the plat back you can see the end of the common lot where the angle stops at the top. Those move the pointer up along right up to the top. Okay right — there's no pathway along that very top northern edge it's only on the part of the common lot that essentially goes in a northwesterly southeasterly direction when you see that part right at the top of the screen that says unplatted that's an open field. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Is that not where Staten Subdivision is or where that ends? Hawkins -Clark: That Councilwoman de Weerd is on the north side. De Weerd: Okay so it's across the ditch then? Hawkins -Clark: Correct. De Weerd: Okay. Corrie: Okay any other questions? Okay Mr. Arnold. Arnold: Mr. Mayor, Members of the City Council name and address Steve Arnold 1800 West Overland Road Briggs Engineering. Corrie: Thank you. Arnold: I guess a lot of the points have been touched on. Preliminary Plat we didn't contest the condition, Final Plat we didn't contest the condition. It didn't become an issue until we went to Nampa Meridian Irrigation District if you're aware Brenda Estates that's just downstream of this site the developer at that time or the developers representative just put it in there. Now they kind of got Nampa Meridian Irrigation District a little fired up and they brought that up in our Meridian City Pre -Council Meeting April 4, 2003 Page 7 of 12 meeting at the attorney's office. We went to them before we went to construct this and ask them look what do we need to do to get this put into your standards. At that time they said not just no but heck no and you guys just you're not going to put it in there. We brought up this agreement issue and they addressed it. They said it doesn't pertain to the lease the laterals and live water of the speed. They said the only way that we would accept that ditch at this time is if you pipe it. That was between 60 — 80,000 dollars for the concrete and pipe because of the size. The other option was that we do a fence with removable bollards so that they can get in there and do their construction, clean out the ditch or burn the ditch bank and it had to be of material that they can get in there and do the work on it chainlink to be exact. Our preference on the chainlink 1 think we have a nice looking subdivision there if we put — if we have a fence from Wilkins and a fence from Lakes at Cherry Lane and you have a fence in the middle I think that would look — I don't think that's the way to go. I think that would look a little bit ugly. The best way to do this if we want — if the — is to pipe the ditch. Obviously from the developers standpoint they don't want to do that at all because of the expense. Had they had known or had we had known that it was going to come to this standpoint at that time we probably would have contested the condition and asked the Council to waive that. I guess to add to some of the issues. One was the last I was told was I was to get you the numbers and I think we got your offices numbers for the fencing. Fencing was anywhere between 17 -- 20,000 to fence that. That again was probably more so well it is more than what the developer anticipated for that path. At this point because of the efforts and energies that have gone into discussion, the pathway to meeting with the Irrigation District they're not budging on any of the issues with either our fence or ditch it. At this point, I guess I would like to come back to you and ask for that condition to be waived and for whatever process that's going to take we'll, do that. That's our ideal situation. The next would be to give the city the money to build it so that frankly if it were done with a headache it was a condition that we didn't think out very well at the time that we accepted it and we should have and brought that to your attention at that time. Again, Brenda Estates we just went out or the developer just went out and built it and I don't think he created too many friends with Nampa Meridian. We've been told by Nampa Meridian if we go out and build it this time they're going to sue for damages. De Weerd: Mr. Mayor. Carrie: Mrs. de Weerd. De Weerd: I guess knowing now that it's on the Cherry Lane No. 9 side and that the other pathway is in on the north side of the ditch and we know how they are about bridges it makes sense to just not have a pathway there. One other thing is once you have that pathway in they'll want to then continue on the pathway or an apparent pathway which is not a path it's just where they tiled that ditch on the golf course side and we'll run into some more issues down that way too. I guess the concern is if you go in and try to modify your CUP to take the pathway Meridian City Pre -Council Meeting April 1, 2403 Page 8 of 12 condition off of there or your Preliminary Plat you still — what are you going to do? Are you going to try and fence at least along that front end to where you do have fencing for the safety factor or what are your plans on that? Arnold: Mr. Mayor, Councilwoman de Weerd I guess that would be a good bargaining chip for the city. As a condition of waiving the pathway we fence — we didn't have plans to do any additional fencing than what has already been done out there. It wasn't a condition of the Preliminary Plat for either side we were just required to fence our boundaries. I think for your standpoint that's a reasonable request from you guys to have us fence off the ditch for safety purposes. All is I would request is that we somehow esthetically put it so it looks nice. Chainlink isn't the prettiest fence that there is and it also it needs to be chain finked so that the Irrigation District can access it, maintain around it and it needs to be in removable bollards. I guess the only part you would be fencing would be if you see the Lakes at Cherry Lane No. 9 fence on the south side it would have to come straight across to the chainlink in Wilkins Ranch. There would still be a portion of the ditch that would be open. I guess if you did come back to do the modification you could look at some alternative designs. I mean even I don't know how much it would cost to tile just back to that fence part but you know the concern is how close it is off the road and the kids walking on the sidewalk to and from school. Those are a lot of the major issues but if you come back to modify your findings that you could bring a couple of solutions that would be the ideal. Then you would have some ideas on how you could esthetically make that so it's (inaudible) to the developer. Arnold: And Mr. Mayor, Councilwoman de Weerd that's something that we would certainly look at. The problem is we would end up — if we did that I'm not sure how we would pipe it and coordinate that with irrigation box that could become expensive. The other issue is that won't happen this year the coordination -- by the time I get you a modification, you guys approve that, say go ahead and build that and Nampa Meridian accepts it we're going to have live water in there and it won't happen this year. What we could do is we will supply Nampa Meridian the pipe and then I don't want to bond for fencing for another year but we can certainly look at some options. De Weerd: I'm sure you can discuss it with staff and just see what direction you want to go. Just do something. Arnold: We've been ready to do something for over a couple of years now. It's this interagency we're getting stuck in the middle and (inaudible) would have I think in hindsight would have preferred me just to go build it and not ask Nampa Meridian for their approval. I didn't think that was the right thing to do. If it is the direction of the Council tonight that we do request that to be modified, I'll certainly put an application in ASAP and with that application we'll have some design proposals. Meridian City Pre -Council Meeting April 1, 2003 Page 9 of 12 De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess that would be my opinion but then that opens up the Staten Subdivision as well. Why should they have to do a pathway on their side of the ditch so Brad if you can kind of put fillers out on that one too. I mean they're going to have a pathway that goes nowhere and that's certainly not, what we're trying to create so just work with staff. Corrie: That would be really useless to have a pathway that isn't going anywhere. You know what the old saying between a rock and a hard place means — Arnold: I'm there. Corrie: -- you (inaudible). Okay Brad if you'll work with Mr. Arnold and let's see what we can do. I know that this year is going to be difficult because the water has been started already. If that meets with the Council's approval we'll have, those people meet and then we can get back to an agenda to see what we can do with the modification. Arnold: Sounds great. Corrie: Thank you. Arnold: Thank you. De Weerd: Mr. Mayor. Carrie: Mrs. de Weerd. De Weerd: I guess it's just important for the neighbors to know if there's going to be a pathway there or not and you know some of the things that you're doing. I don't know on the Cherry Lane side or on the Wilkins Ranch side but you might work with them on some esthetic options and include them in what you're trying to do. Arnold: We'll certainly work — I know we'll be working with them I've had phone calls as well as you have. De Weerd: Okay good. Thanks Steve. Corrie: Thanks Steve. Meridian City Pre -Council Meeting April 1, 2003 Page 10 of 12 Item 5. Discussion of Due Structure for ACCEM (Ada City — County Emergency Management): Corrie: Okay the next -one is the discussion of due structure for Ada County Emergency Management. We have with us Clair Bowman. Clair would you like to kind of give us an update on Ada County and what they have said that they would like to do and we can kind of due a quick synopsis here. Then we'll get on with the Regular Meeting. Bowman: Mr. Mayor Members of the Council for the record I'm Clair Bowman address is 4400 Legacy Lane Meridian, Idaho. I've had several conversations over the past two weeks with individual members of the Ada County Commission. Each of them individually has indicated to me they intend to have an action item on their agenda as soon as they're all back in the office together at the same time to withdraw their — well to reassert the county's direct management of the Emergency Management Program. For the past 13 years, they have delegated that responsibility to COMPASS. In the arena now where we are a two county agency and that is still a one county function. They are now of the opinion that appears that it's time to take that back and 1 am supportive of that action for the Council. In fact, we've been trying to work that out for six months now. My understanding at this point is that they will continue to seek to fund Emergency Management in the same manner it has been funded. That is through having the cities, the county, and the Ada County Highway District pay a proportionate share based on population. The approximate proportionate share would be 29 cents per person within the city limits. I don't know where they will end up on how much they are going to fund of it but it is clearly my understanding after my conversations that they intend to continue the arrangement of having all of the general purpose governments plus the Ada County Highway District and Ada County collectively support the Emergency Management Program. That's probably as far as I'm at liberty to comment since I'm not one of the County Commissioners. Corrie: Okay so it looks like under that due structure that the group has done COMPASS has done that only Ada County solely generating the members would be take for instance Meridian with the census of April 1, 2000 that's 2003 correct. Bowman: Yes. Corrie: (inaudible) 2002 here. We're at 39,744 so that the dues for Meridian would be 29,808 dollars and then our part of the Emergency Management would come to about 11,526? Bowman: That's correct. Corrie: Okay. Meridian City Pre -Council Meeting April 1, 2003 Page 11 of 12 Bowman: And the rest of that would be for COMPASS general membership dues. Corrie: Right and that's not including Canyon County that's just Ada County. Bowman: That's correct. It's taking the Emergency Management local funds that are currently used in our budget and spreading them across the Ada County Members the county the six cities and the Ada County Highway District to generate that same revenue takes about 29 cents per person from each jurisdiction. Corrie: Okay any questions? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess the bottom line is while we're paying for COMPASS and the Emergency Management are our dues going to increase? Bowman: Mr. Mayor Councilwoman de Weerd you've been paying 75 cents in the past. This year that is split 46 cents for COMPASS non Emergency Management and 29 cents for COMPASS Emergency Management Program. IT anticipate you'll continue to pay those 29 cents to the Ada County Commission for Emergency Management and the 46 cents would continue to come to COMPASS. The rate should not go up however, the Executive Committee had a discussion about what that should be and for preliminary budgeting purposes, I agreed to use 50 cents for the COMPASS general membership dues indicating a four cent per person increase. On 40,000 people that's about a 1600 -dollar increase for the City of Meridian over what's in that spreadsheet. The Executive Committee sitting as the policy Guidant's for our next year's budget on which I think you're participating if I'm not mistaken I know the Mayor is. If they tell me to stick in 46 cents, I will do that and I'm fine financially at that level. De Weerd: Okay. Corrie: Okay. De Weerd: Thank you Clair. Corrie: Thank you Clair. Any other questions? Bird: I have none Mayor. Corrie: Okay well that concludes our Pre -Council Agenda on -- only five minutes late. I will entertain a motion to close the Pre -Council Meeting at this time. Meridian City Pre -Council Meeting April 1, 2003 Page 12 of 12 De Weerd: So moved. McCandless: Second. Corrie: Motion made and second to close the Pre -Council Meeting any further discussion. All those in favor say aye. All ayes motion carried. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 7:07 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) F. .. • s #ra4r" wl ATTESTED: 6 1,03 DATE IAM G. BERG, JR.vCI ��„r, rr r r rrrrrrr 19L rrtfit'F;49#l�[19�� March 28, 2003 MERIDIAN CITY COUNCIL MEETING April 1, 2003 APPLICANT ITEM NO. REQUEST Update of Construction and Annexation Interest for Carol Subdivision 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: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS k P 014� �-) 33 S 4 4F N. s, f_ctara! Q LLJ V = 400' LU F1 GEND ! t4 j4'g8Y ANNEXED TO CITY IINZ€, Will participate in Annexation l Application T L7 •yam„ ��1t € Ta 7' l E4 j$ 3i UA: T111�11 a March 28, 2003 MERIDIAN CITY COUNCIL MEETING April 1, 2003 APPLICANT ITEM NO. 4 REQUEST Update of Lakes at Cherry Lane No. 9 Pathway (Tiling or Fencing of Eight Mile Lateral between the Lakes at Cherry Lane No. 9 and Wilkins Ranch Subdivision) 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 See attached Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. r adv i ui i Will Berg From: Brad Hawkins -Clark [hawkinsb@meridiancity.org] Sent: Thursday, March 27, 2003 6:17 PM To: bergw@ci.meddian.id.us Cc: Steve Arnold; 'Bill Nichols'; 'Tammy de Weerd ; 'Bob Subject: Lakes @ Cherry Lane No. 9 Pathway Will, As you know, Tammy deWeerd requested the subject issue be placed on the April 15t Pre -CC agenda. I have asked Sonya Allen to get you, by 10:00am tomorrow, about six different letters and memos related to this issue which I think will be helpful background info for the Mayor and Council's packets. It includes the neighborhood association letter, two letters from Steve Bradbury, a memo from Bill Nichols and a map of the section. I have asked Steve Bradbury to attend and, by this e-mail, also request Steve Arnold's attendance at the meeting to provide any plat -specific comments. I have not been in contact with Cindy Rock or any other homeowner in Wilkins Ranch or Lakes at Cherry Lane. It might be wise for your office to inform them of the meeting directly, but will leave this up to you, the Mayor and Tammy to decide on this. I will be prepared to offer any input I can, but 1 believe Mr. Nichols, Mr. Bradbury and Mr. Arnold will be best able to speak to why the pathway condition has not been fulfilled to date. Thanks, Brad Hawkins -Clark P.S. Please ignore the two maps I gave you earlier today. They don't apply to this project and should not be copied for the packets. 3/28/2003 � �t To: Mayor Robert D. Corrie and City Council Cc: Shari Stiles, Torn Kuntz From: Wm. F. Nichols Subject: The Lakes at Cherry Lane No. 9 Pathway along the Eight Mile Lateral Date: September 3, 2002 '�f L r (2 CIN. Ln On Tuesday, August 27, 2002, I met with Steve Bradbury, the attorney for Steiner Corporation, Steve Arnold, Briggs Engineering representative for Steiner Corporation, Dan Steenson and Bryce Farris, attorneys for the Nampa & Meridian Irrigation District, John Anderson, Manager of Nampa & Meridian Irrigation District, and Darin Coon, Secretary of Nampa & Meridian Irrigation District. The topic of discussion was the pathway along the Eight Mile Lateral on the north boundary of The Lakes at Cherry Lane No. 9. You will recall that this pathway was required as a condition of approval for The Lakes at Cherry Lane No. 9 Subdivision plat. In the course of constructing this subdivision the developer's engineer contacted Nampa & Meridian. Irrigation District about the pathway, and he received a Ietter indicating that the pathway could not be built since there had not been compliance with the Master Pathway Agreement entered into between the City and Nampa & Meridian Irrigation District, toward the end of the year 2000. ew3eez which was entered into in connection with the Five Mile Drain Pathway, di app ri t `i d ath nays medanjd 1m. aintainedtby4theioity�v behalf of the District, s�di a t; `` i card b;VD` cefars# ..�t6t Vwhnga�h =tied"f'aiiuy sliongtaczh_egsgog.satier�nauet itlty��j�tl�ei,�uhottid'go: with giistZnns,oen�s,zb�iysuea. For example, Mr. Anderson said that in Nampa, where there are pathways, rather than contact a homeowners association president about the necessity of shutting down a pathway for a period of time to allow for maintenance, all he has to do is call the City and tell them the dates that the pathway needs to be closed, and signs are put up, and the pathway is in fact closed for the period necessary for the District to perform its maintenance. With regard to this specific pathway, Mr. Anderson stated that all that was necessary for the developer to construct the pathway would be for them to s.0m- it plans which showed,fencing; using Vhigh, chain link fence aloiig the edge' of�the<Lateral .or in the ealternative,�tiling,of the;Lateral with the pathway on top. Mr. Anderson agreed to provide water quantity flow infon-nation to Mr. Arnold so that a calculation can be made as to what size pipe would be required if the ditch were to be tiled. It is possible that the cost of tiling the ditch, compared to the cost of installing a 6' chain link "removable" fence, could be about the same in which case tiling would be a better option for the developer. Tiling the ditch would remove many concerns about maintenance and, especially liability.- oldiagreedlo"=submitplans, and discussE,w�lh=b.is,olient;what=would be.necessary..to.,construct the`pathw,ly. Mr. Anderson said that another condition, with regard to the pathway, would be a License Agreement with the City that would tie into the Master Pathway Agreement. Because this pathway is one that would be owned by the homeowners association, it would be necessary for us to explore how this specific License Agreement, obligating the City in connection with this pathway, would work and, what type of agreement would be necessary with the homeowners association. Essentiallys'I-; would ot:recommend that we;enter into ;a:LicenseAgreemeiit:with Nampa=&',Mendian ,Irrigation.-Distnctunless all, ofthe nuts and bolts details of:maintenance; ,of,#he pathway are -,hammered out;,..With-the homeowners,associataiou. It is possible that the agreement with the homeowners association could be fairly simple and would simply obligate them to do all things necessary to prevent the City to falling into default in connection with the License Agreement and the Master Pathway Agreement. As you can see, this matter is moving along, and if the ditch will be tiled, we will have a very nice pathway, and issues about maintenance and liability are considerably minimized. A ssue ior,the Mayor.and:Council.;to carefully the. City we ants�io..obligate=itself in a, -License Agreementwith3Narnpx,&,,, vlendian,, . jgatton°District: fors pathways that,are n6t maititained-by the,.Cityp The Five Mile Pathway is clearly part of the City's parks system and we do maintain it, and therefore the License Agreement with Nampa & Meridian is appropriate. Extending those License Agreements to privately owned pathways and obligating the City to be responsible, takes some careful consideration. For example, Mr. Anderson gave me a list of five pathways in Meridian, on property belonging to the developer, for which the District wants License Agreements with the City. Those pathways are: ,In. glenooh Subdivision where the pathway parallels the Nine Mile Drain;e4stortp Subdivision where the pathway parallels the Ten Mile Drain upstream from Black Cat Road;VXpnBroolo Subdivision where the pathway is located on the Jackson Drain; Snorting Bull (�lo_odbridgo) Subdivision where the pathway parallels the Five Mile Drain; andidgetoWer-�ubdivision where the pathway is located along the Creason Lateral, and also where a pathway is proposed along the Five Mile Drain. I will keep you informed as the specific pathway at The Lakes at Cherry Lane No. 9 issue proceeds, but I will need direction from the Mayor and Council on the License Agreement issue as it pertains to pathways not owned or maintained by the City. Interoffice MEMORANDUM To: Mayor Robert D. Corrie Cc: Shari Stiles From: Wm. F. Nichol 41 Subject: Meeting on Planning Matters Date: July 29, 2002 Mayor Corrie: I need a meeting with you and Shari Stiles to discuss a couple of planning matters. The first is the pathway for the Lakes at Cherry Lane No. 9. Before our meeting, I will review the minutes of the Council meeting where the subdivision was approved. I have Iooked at the ditch lateral in question, and it would be a very large tiling project to have the ditch piped. Because of the size of the ditch, it is highly unlikely that Nampa & Meridian Irrigation District will agree to a pathway that would be open during the irrigation season. It would be difficult to fence off the pathway during the irrigation season as well. It appears to be a logical place for a pathway, but it would require that the ditch be tiled. The second issue is CESCO as it relates to the Development Agreement requirement that they connect to the Five Mile Sewer Trunk extension, and more importantly, issues related to the landscape buffer on Overland Road. I have had one meeting with CESCO's attorney, John McCreedy, and I have received correspondence from him related to this landscape buffer issue, and its relationship to the inability of CESCO to obtain an Occupancy Pen -nit. If Anita can get available meeting dates from Shari, that will work with your schedule, I am sure that I can probably fit something in fairly soon. I look forward to getting these matters moved towards resolution. ZAWorkWNMeridian\Meridian 15360MWayorand Council\MayorMtgonPfanningMatters073002Memo.doc Jones . Gledhill • Hess . Andrews . Fuhrman Bradbury & Eiden, P.A. A T 1 d R N E Y A L A W RECEIVED Stephen A. Bradbury APR 2A. 200? City of Meridian April 23, 2002 City Clerk Officr- By Hand Delivery Mr. William G. Berg, Jr. Meridian City Clerk 33 E. Idaho Meridian, ID 83642 Re: The Lake at Cherry Lane No. 9 Subdivision Pathway Dear Mr. Berg: I am enclosing with this letter an original Irrevocable Stand-by Letter of Credit issued by U.S. Bank on behalf of Steiner Development, LLC in the amount of $19,000, naming the City of Meridian as the beneficiary. The enclosed Letter of Credit is delivered in replacement of the Irrevocable Stand-by Letter of Credit issued by U.S. Sank dated October 24, 2001, which expires on April 24, 2002. This Letter of Credit, you will recall, is intended to act as the guarantee of performance by Steiner Development of the City's requirement that it install a pathway along the Eight -Mile Lateral in The Lake at Cherry Lane No. 9 Subdivision. have recently spoken with the City Attorney, Bill Nichols, and we have agreed that the Letter of Credit should be renewed while we continue to work with Nampa and Meridian Irrigation District and the City's Parks Department on the subject pathway. Based upon the direction received from Mr. Nichols, I trust that this will be satisfactory to the Mayor and Council. In the event, however, the Mayor or Council have any questions or concerns, please let me know and I will be happy to appear at Council in order to answer any questions. Tho 91h & Idaho Center * 225 North 9"` Strcet, Suite 82.0 P. O. Box 1097 ♦ Boise, Idaho 53701 .Phone (208) 331-1170 ♦ Facsimile (208) 331.1529 E -Mail Address: jggidalaw.com Mr. William G. Berg, Jr. April 23, 2002 Page - 2 - If I do not hear anything further from you, I will assume that the present status quo will be retained. Sincerely, Ztepphepn &A.Bradbury SAB:II Enclosure cc Mayor Robert D. Corrie (w/o enc.) Sherry Stiles (w/o eno.) William F. Nichols (w/o enc.) Steve Arnold (w/o enc.) Sandy Clay (w/o enc.) bank. Fiv's'."Scm. c-'..rc& &—'� U.S. BANK NATIONAL ASSOCIATION INTERNATIONAL BANKING ID -518 103 SOUTH CAPITOL BLVD. SUITE 814 BOISE, IDAHO 83702 04/23/02 SWIFT:"USSKUS44BOI TELEX:262542 USBNK ID PHONE:208-383-7612 FAX: 208-383-7641 AMENDMENT TO IRREVOCABLE STANDBY LETTER OF CREDIT BENEFICIARY: APPLICANT: CITY OF MERIDIAN STEINER DEVELOPMENT L.L.C_ 200 E, CARLTON AVENUE 554 E. BELLEVUE RD. SUITE B MERIDIAN, IDAHO 83642 ATWATER, CALIFORNIA 95301 LETTER OF CREDIT NUMBER SLCBBOI00550 AMENDMENT NO. I WE HEREBY AMEND IRREVOCABLE STANDBY LETTER OF CREDIT AS FOLLOWS: f THE EXPIRY DATE IS EXTENDED TO OCTOBER 24, 2002 ALL BANKING CHARGES OTHER THAN THOSE OF THE ISSUING BANK ARE FOR ACCOUNT OF THE BENEFICIARY THIS AMENDMENT IS TO BE CONSIDERED AS PART OF THE ABOVE CREDIT AND MUST BE ATTACHED THERETO. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED U.S. BANK NATIONAL ASSOCIATION A MEMBER OF THE FEDERAL RESERVE SYSTEM AUTHORIZED SIGNATURE May 8, 2002 City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 Attn: Mr. Robert Cory, Mayor / Ms. Shari Stiles, Planning & Zoning Administrator ✓ Mr. Crary Smith, Public Works Director Subject: Request to enclose.andgate the area around the 8 -mile lateral canal located between The Lakes at Cherry Lane Subdivision and Wilkins Ranch Subdivision Dear Ladies and Gent lemeh. , / As a parent and resident of the City of Meridian; l•anfi-Writing to discuss my concerns regarding Steiner Development's plan to continue a pathway along the 8 -mile Iateral canal as set forth in Conditions of Approval 2.13. 1 am opposed to the current plan for developing a pathway along the canal due to safety concerns that I as well as a number of neighbors have regarding this area. The area in question is located between two heavily populated family subdivisions (The Lakes at Cherry Lane 99 and Wilkins Ranch). These subdivisions are located within walking distance of a public elementary (Ponderosa Elementary), therefore, many children living in and around this canal will be required to walk past the canal everyday. There is also a bus stop Iocated at the corner of Wilkins and Moon Lake Drive (right next to the canal entrance) where children attending ChapparaI EIementary (year round school) and Meridian Middle School are picked up and dropped off everyday. It is only a matter of time before one or more of our children drown in this canal. I have spoken with a number of neighbors located in the area around the canal and I haven't met one person yet who believes that the current plan for the pathway is safe. We are not opposed to the pathway itself, it's the fact that the canal is not fenced and provides easy access for our children to possibly drown. I have also spoken with Meridian & Nampa Irrigation District and have found that one of the reasons they have not approved Steiner Development's plan for this pathway is because it's not safe. I believe that there may be some alternatives to the current plan that would please everyone concerned, such as: ■ On the north side of the canal, the existing chain link fence could be extended to the entrance of the canal (corner of Wilkins and Moon Lake) with two eight -Coot gates that would allow the Meridian & Nampa Irrigation District to maintain the canal. On the South side of the canal Dank, a four to five-foot rod iron fence could be installed from the entrance of the canal to the end of the canal located near Black Cat Road. The pathway could then be constructed between the rod iron fence and the existing white vinyl fencing. This plan would more than likely be approved by the Meridian & Nampa Irrigation District and also protect the children from accidentally drowning in the canal. ■ Tunnel the ditch from the corner of Wilkins and Moon Lake all the way to Blackcat Road and develop the pathway along this stretch of the canal. This would be the best alternative although it is the most expensive. In my conversation with the Meridian & Nampa Irrigation District, they may be willing to help bury the ditch provided someone purchases the pipe. I am enclosing a petition that requests that we do something to make this canal safe. 1 realize that it may not be easy to change the current Conditions of Approval, but I feel that the safety of our children must not be overlooked. I look forward to hearing your response to this issue and hope that we can work together to resolve the safety issues concerning th.is canal. ,Sincerely, Cindy Rock 2889 N. High Desert Way Merdian, ID 83642 (208) 887-3795 Enclosure: As Stated cc: Ms. Tammy d(:Weerd Mr. Keith Bir.. Ms. Cherie Ms Candiess Mr. Bill Nary The following undersigned hereby oppose to the development of a pathway along the eight -mile lateral canal located between the Lakes at Cherry Lane #1+9 and Wilkins Ranch Subdivision. We also would like to request that a locked gated fence be installed to protect the numerous children who live in and around the area and those who will be required to walk past the canal everyday to attend school at Ponderosa Elementary. -: No Name Address Phone Number r � Cqa `[fJ JJ rr 3. 4' ()�o Y -,2,L• 4. - C] biw l �-{ LiI�.+�F'Vi/.�1'�j�`f/*� ' 7� '�� VL/ • �{��Li%�`i.�L 1� ri �JC% . .j .J t 6. t�( 6 7�i, C7. r ' 9. Address Phone Number 10. 12. 13. Z4 J `� �. 2-10 14. 1. �4 rf , ��'`'f� �I �+' Ir'[ �i � �/•,'rte �� .:,�;�� • Tip � �� /� j�-(Je i 16.17. �', %:��, i'� rcr'rltrr, Vii) S "' -�/�•• �'°� -� `�� 18. �%1flOk(!�J. _r . 19.20. ,` •J� � I ��,' ��[§¢lam Ci' %vt U tel: b�f/ 21. f ,<�.� � ✓ldi{� tt� `�� GYJJ �.I' �-� � ` 107��{:�� 7 0=? j= �lLlrl�' t l dame Address Phone Number �,�. .,. .r 22. 23. SSV z C 25. 26. f0ariric( 27. Al 28. OJ- m c-Gl/� 29. L7 30. 31. iv 32. 33. November 2, 2001 MERIDIAN CITY COUNCIL MEETING APPLICANT November 7, 2001 ITEM NO. REQUEST Discussion of Pathway in The Lakes af-Cherry Lane No. 9 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: Phone: Materials presented at public meetings shalt become property of the City of Meridian. COMMENTS Jones . Gledhill . Hess . Andrews . Fuhrman Bradbury & Eiden P.A. A T T O R N E Y S A T L A W Stephen A. Bradbury October 29, 2001 By Hand Delivery Honorable Robert Corrie Mayor of Meridian 33 E. Idaho Ave. Meridian, ID 83642 RECEIVED OCT z Re: Pathway in The Lake at Cherry Lane No. 9 Subdivision Dear Mayor Corrie: City f Weridiala oityUClerk Office As you may know, the requirement that Steiner Development construct a pathway adjacent to the Eight Mile Lateral in The Lake at Cherry Lane Subdivision No. 9 has recently become the source of some significant difficulty for Steiner Development. You will probably recall that when the preliminary plat for the Subdivision was approved by the City in May of 1999, the Council imposed, as a condition of approval, that Steiner Development "Continue pathway construction along the Eight Mile Lateral as proposed in related subdivisions." That condition of approval was carried forward when the Council approved the final plat in November 1999. Since that time, Steiner Development has attempted to obtain approval from the Nampa and Meridian Irrigation District for the construction of the pathway as required by the City. Unfortunately, the Irrigation District has refused to grant that approval. I am enclosing a copy of the Irrigation District's fetter of February 2001 advising that the proposed pathway is "unacceptable." In the meantime, in order that the final plat for the subdivision could be recorded and Steiner Development could begin selling building lots, Steiner Development posted, at the City's request, a letter of credit in the amount of $14,756 as its bond for completion of the proposed pathway. Thereafter, the final plat was recorded, some building lots sold and houses constructed. In view of the position stated by Nampa and Meridian Irrigation District, Steiner Development's engineering firm, Briggs Engineering, delivered a letter dated August 20, 2001, to the City's Planning Director advising of the position taken by the Irrigation District, requesting that the condition of approval requiring construction of the pathway be deleted from the requirements imposed on Steiner Development, and further requesting that if such action required City Council approval, the request be scheduled The 9`h & Idaho Center ♦ 225 North 9`h Street, Suite 820 P. O. Box 1097 ♦ Boise, Idaho 83701 Phone (208) 331-1170 ♦ Facsimile (208) 331-1529 E -Mail Address: jg@idalaw.com Honorable Robert , ,,rie October 29, 2001 Page - 2 - for consideration by the City Council. A copy of that letter is enclosed for your convenience. To date, however the matter has not been scheduled for consideration by the City Council. In the meantime, after receiving no response from the City to its several inquiries regarding the pathway and the need to renew the bond, Sterner Development permitted the letter of credit to expire. As a consequence, the City's Building Department was instructed not to issue certificates of occupancy for completed homes located on lots in The Lake at Cherry Lane No. 9 Subdivision. In order that certificates of occupancy could be issued, Steiner Development has recently posted a new letter of credit with the City in the amount of $19,000, but has now been advised that no more building permits will be issued in the subdivision until the pathway issue is somehow resolved. In addition, the Nampa and Meridian Irrigation District has recently indicated that the construction of the proposed pathway as required by the City is in violation of the Master Pathway Agreement entered into between the City of Meridian and the Irrigation District in December 2000. Enclosed is a copy of the Irrigation District's letter to that effect. Steiner Development is now, quite clearly, caught in the middle between the City and the Irrigation District. The purpose of this letter, therefore, is to bring this matter to the Council's attention and request that this issue be placed on the agenda for the City Council's November 7, 2001 meeting so that the issues can be discussed and Council's input on them can be obtained. Your assistance in bringing this matter to the Council's attention and arranging for inclusion of the issue on the Council's agenda would be much appreciated. Sincerely, Bra ury Ztepjhek SABaI Enclosures cc Keith Bird (w/encs.) (by hand delivery) Tammy de Weerd (w/encs.) (by hand delivery) Ron Anderson (w/encs.) (by hand delivery) Cherie McCandless (w/encs.) (by hand delivery) Bill Nichols (w/encs.) (by facsimile) Steve Arnold (w/o encs.) (by facsimile) Steiner Development (w/o encs.) (by facsimile) February 1, 2001 Stm Mr.Hutchlson Briggs Engineering, ko- 1804 W. overland Rd. Boise, 1D 83705 • lv • V40tede 1503 F1W mr::ET SOUTH NAMPA, vAHO 83651-4395 Fax x 208-463-0092 Re. -me Lakes at Cherry Lane No. 9 Pathway along Eightmilc Lateral p6onss: Area Code 208 OFFICE. Nampa 466-7861 SHOP: Nompa 466.0663 Dear Stan: phone conversation this -morning in reference to the proposed This letter is to follow up our tele sway on the Nampa & Meridian irrigation District's Eightmile Lateral• To the best of my knowledge, the District has not changed its policy: we stili do not allow pathway$ an open laterals. 'Therefore tits Proposed pathway on the Eightmile Lateral at The Ukes at Cherry Lane No. 9 is unacceptable, if you have any questions, piease feel free to contact me. Sincerely, Bill Henson, Asst. Water SIRR GATIONtD15TRICT NAWA & MEML'kN BH: din Cc: File Board of Directors SecretaryTreas=r Water Superintendent Ride; 4 -- L. Gillmore Ringert Clark Chartered B. Faris ApPROXLMATE IRRIGABLE ACRES RNER PLOW WNTS - 23,000 SOISe pROJECT RnHM • 40.000 TOTPL P.10 ' Bat�C, tdatso SJ7CY5 — $1,i,2 Fax (2M 3452950 E-ns� Ault 20, 2001 Sari Shcaa P3auning Mcrichm Plan- g and ZaairZ 660 E. Water`tvwer= Suite 202 Mctidisn, id: 83642 R.i-- The Lake at Cb=7Lam No. 9 D= Shars.: Qa Date The L W= a Cb=y Lm= No. 9 Emsl plat was appmed by Mer dim C rV ComiciL As a c omimm ofvxnvai the spphc;xat ww =pked to-Ccmtmm po&wzyccm m== akeg Rig1tMIIe LaDmal as proposed in related s:&vjdoas". Site Specific Reqqk=ed Wc 3 am= Any pqxmtd m=amS of zhe Hight M -k L=a -it ,rJra17 be dans wid' rhe bogies ofdia dew-h7pPnew and not on rise Come. Pie= show haw Alm = ripW Eig& IdsmLatera F w1went waif affiet the Ian zm Bkwk L Came pathway P. qk AE& LateW as propowd m reidedsub&v&x= Wcha�zzcrivedaiesterfromtti�e�Naxapandrridiaahri8atiaabistrsct �smingt�eys�>�poefld. too the pian Of a pathvMy w dt= prat Bai H Waf= uup fbrraM, ,-.--d=1t yond=EigbrMiIcLw=-alatTbe atCJxnyl=e'Lia_ 9 is uw: k . Thi ��by st�faad a m by the drm4m eve. Ue canddm to :ems a pad wW alnag tib- d*W d have be= rw=chedprWrta*"dmgtoft=did= cmim= to mqmre a padmy Amobt Ewn .Ime Lattal,. If this requi a City Council sppr+oval, plc= sahedttle this item thr the pact di Sincerely, Steve Arnold Project Nf=gg YI.Awd Usc Piacmer 981016ffim44maod imA ca memng as r DtaOcict 1503 FIRS STREET a UTH NAMPA, IDAHO 83651-4395 FAX x 208-A63-0092 Phones: Area Code 208 Will Berg, City Clerk +�r�,=� H�� s66-7861 City of Meridian SHOP:rvoR,pa 466-0663 33 East Idaho Meridian, 1 D 83642 7that Dear Mr. Berg: It has carne to the attention of Nampa & Meridian Irrigation y of Meridian intends to require the developer of Cherry Lane Subdall a pathway on the Eight Mile Lateral. This is in violation with an existing Master'Pathway Agreementdian and existing license agreement with the developer. It you have any questions regarding this matter, please feel f e to call on me at the shop number listed above. Sincerely, Bill Henson, Asst. Water Superintendent NA,IAPA & MERIDIAN IRRIGATION DISTRICT cc: File Each Director Secretary/Treasurer Water Superintendent Attorney — Steenson Steiner Development REOEIVE-11) OCT 1.3.2001 . APPROXIMATE IRRIGABLE ACRES MR FLCW MGM - 23.000 BOISE PROJECT RIGHTS - e,0.000 %Inr-Fxr%i LH1VG HALF MILE RADIUS MAR WILKINS RANCH SUBDIVISION NW 114 SECTION 3, T.3N., RAW., B.M. ADA COUNTY, IDAHO 300 0 "'0 600 900 Feet':" N t I STICK ROA w------------ --------------- 6LOCKi 5 9 8 7 6 4 5 1 3 2 io MERIDIAN -Cl' 13 14 15 16 17 16 LI ITS BtQUNDARI" RT 11 C 12 H OCK 4 12 x 23 22 21 20 9 w c...r a 11 w w-ww� cr 24 11 10 30 29 SITE 25 , 10 9 28 (�O oss p�T 9 7 28 4 r O►��` �yS.0 ,\ 6 5 28 27 26 25 7 g 4 v 24 23 c 6 " 22 20 3 2 3 4 1 19 ? 2 5 ` 41 13 12 11 k 6 7 16 4. 3 10 2 w 9 8 16 V JP 1�7 8 is 'o < -- 1 5 - - 4 11 i 2 13 14 m RA BRIGGS ENGINEERING, INC. aaur=_ie� WILKINS RANCH SUBDIVISION REVISION BRf GGS NW 1/4 SECTION 3, T.3N., R. 1W., B.M. ADA COUNTY, IDAHO (208) 344-9700 SHEET 1 OF 1 1800 W. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG. NO, BOISE, IDAHO 63705 I BKB t = 300' 12116199 990206 �940208.APR 3 NOU'VW08(IS L 'ON _ Baa=a .'larva M rg! oaI` J nm �...J z�`a I EE til �Iml Imn ! I � I m o E Fz m I Ip Ia i� I +� € Ix I I I I � f I 3r Y I I I �ry O I m I, mp � No Ml ' cs'c's ro'T 3 h E jZg a I h I fa .oS y MM. f " 2�;6,x N ~ olr Y N I� I� IjIj i.tc,Ls.a'� A L y: I IV c❑ h 121 1 j I S>'Sal I •ur � � - in am I u'l�i� _ � y< � (Y 0�4 uO ��Y 4J p - -W-� c u � �e � �� i r�5 ��A9" QED oyrod'� �•c o ileac � Why � � ❑ - oIIF cp .� � � w �'-'w� � ' ��'"'' " s, "•" 'p w<v. �+ 05 .. `off 4 00 lie w-u;p w ate` v �� low ,' E c ,,9 = w u SEaptc< in 3 --i iaAs� SO 0 c__ 4 r 3� pa � u Z a� � Kin �� w 51 His F�--I O s f � 64'd I I I p, jfj • o® O p A! us one �❑ �''c 'off 3 NOU'VW08(IS L 'ON _ Baa=a .'larva M rg! oaI` J nm �...J z�`a I EE til �Iml Imn ! I � I m o E Fz m I Ip Ia i� I +� € Ix I I I I � f I 3r Y I I I �ry O I m I, mp � No Ml ' cs'c's ro'T 3 h E jZg a I h I fa .oS y MM. f " 2�;6,x N ~ olr Y N I� I� IjIj i.tc,Ls.a'� A L y: I IV c❑ h 121 1 j I S>'Sal I •ur � � - in am I 31 lS 100HJ5 32i li1l7� — ❑34dv-idwn !. 1W _U& MW37G371nd ____._. ---------------------- 0211V -1 u'l�i� _ � y< � (Y 0�4 uO ��Y L.OR S• V CV1 Q - -W-� c u � �e � �� i r�5 ��A9" QED oyrod'� �•c o ileac � Why � � ❑ - oIIF cp .� � � w �'-'w� � ' ��'"'' " s, "•" 'p w<v. �+ 05 .. `off c i 7 as - w-u;p w ate` v �� low cls b �q4 Get c ,,9 = w u SEaptc< in 3 --i iaAs� ` 3� pa � � Kin �� w 51 _ w _ r oS� Jc� ,s ; _ . 64'd p A! us one �❑ �''c 'off 6u t� Wo' A`Yd s n a s��,b`a s a= � a +^ �a 2 _.•amu ��.`��'^< _ og (s70v ❑ SNw Ngm[fioE uW z 22 y{wu� v� p3 i w � " S N a �'•-P< '- ;O?'.'a h.] JLL4 m fir? pR Tw oV .ii nK'-`N .SSp_Y UFI•�i�r vCgi '$� qq� Uq ..� "hN�s 31 lS 100HJ5 32i li1l7� — ❑34dv-idwn !. 1W _U& MW37G371nd ____._. ---------------------- 0211V -1 March 28, 2003 MERIDIAN CITY COUNCIL MEETING April 1, 2003 APPLICANT ITEM NO. 15 REQU EST Discussion of Due Structure for ACCEM (Ada City - County Emergency Management) 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: r CITY PARKS DEPT: PollMERIDIAN 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: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. MAYOR Robert D. Corrie CITY COt'`CIL N1ENI BERS TUn11,,. deWeerd William L. \1. Nan Ciwrw I&CandIcss L' I E _I Pub [ c., K)6 cep- 7kr,'tA_)rS LEGAL DEPARTMENT ;'?08) 288-2499 • Fax ?8ti.?SUI PARRS & RECREATION 1208 9,"-3571) • Fax 898-55o l PUBLIC WORKS (-OS) N6-5500 -Fax BUILDING DERART%1E\T {208} 857-2211 - Fw, tiff, -121- C L 1 PLANNING AND ZONING _0l 8l4-5533 • Fax 5w5-6ti5, 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 1, 2003 at 6.30 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: Update of Construction and Annexation Interest for Carol Subdivision Update of Cherry Lane No. 9 Pathway (Tiling or Fencing of Eight Mile Lateral between the Lakes at Cherry Lane No. 9 and Wilkins Ranch Subdivision) Discussion of Due Structure for ACCEM (Ada City — County Emergency Management) The public is welcome to attend the meeting. DATED this 28th day of March, 2003. WILLIAM G. BERG, 33 EAST IDAHO • MERIDIAN, IDAHO 83642 1208) 888-4433 • Fax (208) 887-4813 • City Clerk Office Fax (208) 588-4218 • Human Resources Fax (208) 884-3723 ?�Oa,, 0t'!'.Q� CITY OF MERIDIAN PRE -COUNCIL MEETING AGENDA Tuesday, April 1, 2003 at 6:30 p.m. City Council Chambers 1. Roll -call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: i i a4k5 3. Update of Construction and Annexation Interest for Carol Subdivision: (5 minutes*) 4. Update of Lakes at Cherry Lane No. 9 Pathway (Tiling or Fencing of Eight Mile Lateral between the Lakes at Cherry Lane No. 9 and Wilkins Ranch Subdivision): (10 minutes*) 5. Discussion of Due Structure for ACCEM (Ada City — County Emergency Management): (5 minutes*) *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Council Agenda — April 1, 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. L) C-) ce,- I�tav��S CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 1, 2003 at 7:Q0 P.M. City Council 1. Roll -call Attendance: Tammy de Weerd Bill Nary Cherie McCandless , Keith Bird Mayor Robert C�rrie 2. Adoption of the Agenda: EE E 3. Consent Agenda: A. Approve minutes of January 27, 2003 City Council Special Workshop Meeting: i E B. Approve minutes of February 4, 2003 Pre -Council Meeting C. Approve minutes of February 18, 2003 Pre -Council Meeting: D. Findings of Fact and Conclusions of Law for Approval: MI 03- 002 Request to allow a temporary sales office on Lot 2 Block 5 of Baldwin Park Subdivision No. 1 by! Capital Development -- 4196 N. Zion Park Way: 1. E. Meridian/Meridian Rural Fire Prolection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement: F. Water Main Easement Agreement with Gary and Rosalie W'ngett for Cascade Fence Compa0y: G. St. Luke's Regional Medical CenterlEasement Agreement: H. Beer, Wine. and Liauor License Renewals: Corona Village, Inc. — Beer ah, Wine Meridian Speedway — Beer a�d Wine A New Vintage Wine Shop — � eer and Wine Big Smoke, LLC — Beer and Wine Meridian City Council Agenda— April 1, 2063 I Page 1 of 3 All materials presented at public meetings shall become propei ty of the City of Meridian. Anyone desiring accommodation for disabilities related to cuments an&or bearing please contact the City Clerk's Office at 888-4433 at least 48 hou rs prior to the public meeting. I. Approve Bills: 4. Department Reports: 5. (Items Moved from Consent Agenda): 6. Tabled from March 25, 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: 7. Tabled from March 25, 2003: FP 03-012 Request for Final Plat approval of 52 building lots and 5 other lots on 15 acres in a R-4 zone for Castlebrook Subdivision by Centennial Development, LLC — east of North Black Cat Road and south of West Cherry Lane: 8. FP 03-014 Request for Final Plat approval of 70 building lots and 3 other lots on 17.11 acres in an R-4 zone for Marlin Subdivision No. 2 by Winston Moore — north of 1-84 and east of Linder Road: 9. FP 03-015 Request for Final Plat approval of 31 building lots and 2 other lots on 8.63 acres in an R-4 zone for Havasu Creek Subdivision No. 2 by Havasu Creek, LLC — west of Locust Grove Road and south of McMillan Road: 10. FP 03-016 Request for Final Plat approval of 31 building lots and 3 other lots on 8.72 acres in an R-4 zone for Havasu Creek Subdivision No. 3 by Havasu Creek, LLC — west of Locust Grove Road and south of McMillan Road: 11. TE 03-001 Request for a Time Extension on commencing construction and recording the Final Plat for Fallon Greens Subdivision by Pinnacle Engineers, Inc. — southwest corner of South Allen Street and Gentry Way: 12. Continued Public Hearing from March 18, 2003: AZ 02-033 Request for annexation and zoning of 104.77 acres from RUT to R-8 PD zones for proposed Parkstone Subdivision by Hillview Development, Corp. — west of North Eagle Road and north of East Ustick Road: 13. Continued Public Hearing from March 18, 2003: 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: Meridian City Council Agenda — April 1, 2003 rage 2 of All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at $8$-4433 at least 48 hours prior to the public meeting. 14. Continued Public Hearing from March 18, 2003: 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: 15. Continued Public Hearing from March 25, 2003: 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: 16. Continued Public Hearing from March 25, 2003: 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: 17. Continued Public Hearing from March 25, 2003: MI 03-013 Request for a private road for proposed Northbridge Subdivision by Centennial Development, LLC — west of North Meridian Road on West Ustick Road: 18. Public Hearing: AZ 03001 Request for annexation and zoning of 10.00E acres from RUT to L -O zones for Central Valley Baptist Church by Central Valley Baptist Church — east of North Ten Mile Road and south of West Pine Avenue: 19. Public Hearing: 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: 20. Public Hearing: PFP 02-005 Request for Preliminary 1 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: Meridian City Council Agenda— April 1, 2403 Page 3 of All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, * TX CONFI._,TION REPORT AS CF APR 01 '03 23 PAGE. 01 CITY OF MERIDIAN CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 1, 2003 at 7:00 p.m. City Council Chambers 1. Roll -call Attendance: Tammy de Weerd 0 Bill Nary Cherie McCandless = Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: afjr,,-av- 3. Consent Agenda: A. Approve minutes of January 27, 2003 City Council Special Workshop Meeting: aoP7vve. B. Approve minutes of February 4, 2003 Pre -Council Meeting C. Approve minutes of February 18, 2003 Pre -Council Meeting: D. Findings of Fact and Conclusions of Law for Approval, 11111103- 002 Request to allow a temporary sales office on Lot 2 Block 5 of Baldwin Park Subdivision No. 9 by Capital Development — 4196 N. Zion Park Way; rvvv E. Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement: R2TdCufivti 43-9�0� F. Water Main Easement Agreement with Gary and Rosalie Wigg for Cascade Fence Company: ety9p>-vvt_ G. St Luke's Re ional Medical Center Easement Agreement: �'n00— H. leer, Wiine and Liquor License Renewals: a.�o Corona Village, Inc. — Beer and Wine Meridian Speedway — Beer and Wine A New Vintage Wine Shop — Beer and Wine Big Smoke, LLC — Beer and Wine Meridian City Ccund] Agends - April 1.2GG3 pagc I of3 All mataiula presorted a1 public meetings shall become property of the My of Mciidim Arryanc deairing iccommodadon for disahililics rdaled to ducuments and/or hexting please contact the City Clcrk's OtSec of 896-0433 at IeaA 48 hours prior to the public a+cctin6, DATE TIME TO/FROM MODE MIN/SEC PGS CMDW STATUS 20 04/01 23:01 3810160 EC --S 01'51" 003 203 OK 21 04/01 23:03 PUBLIC FORKS OF -•-S 08'54" e03 203 OK 22 04/01 23:05 12064664405 EC --S 01'07" e03 203 OK 23 04/01 23:06 BB411S9 EC --S 01'07" 003 203 OK 24 04/01 23:013 2088840744 EC --S 01'06" 003 203 OK 25 04/01 23:10 2088467366 EC --S 01'07" 003 203 OK 26 04/01 23:11 8985501 EC --S 01'06" 003 203 CK 27 04/01 2313 LIBRARY EC --S 01'27" 003 203 CK 26 04/01 23-15 92083776449 EC --S 01'06" 003 203 CK 29 04/01 Z3:16 208 368 6924 EC --S 01'27" 003 203 OK 30 04/01 23:18 2088886854 EC --S 01'06" 003 203 OK 31 04/01 23:20 8950390 EC --S 01'05" 003 203 OK 32 04/01 23 21 20B 397 5393 EC --S 01'06" 003 203 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 1, 2003 at 7:00 p.m. City Council Chambers 1. Roll -call Attendance: Tammy de Weerd 0 Bill Nary Cherie McCandless = Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: afjr,,-av- 3. Consent Agenda: A. Approve minutes of January 27, 2003 City Council Special Workshop Meeting: aoP7vve. B. Approve minutes of February 4, 2003 Pre -Council Meeting C. Approve minutes of February 18, 2003 Pre -Council Meeting: D. Findings of Fact and Conclusions of Law for Approval, 11111103- 002 Request to allow a temporary sales office on Lot 2 Block 5 of Baldwin Park Subdivision No. 9 by Capital Development — 4196 N. Zion Park Way; rvvv E. Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement: R2TdCufivti 43-9�0� F. Water Main Easement Agreement with Gary and Rosalie Wigg for Cascade Fence Company: ety9p>-vvt_ G. St Luke's Re ional Medical Center Easement Agreement: �'n00— H. leer, Wiine and Liquor License Renewals: a.�o Corona Village, Inc. — Beer and Wine Meridian Speedway — Beer and Wine A New Vintage Wine Shop — Beer and Wine Big Smoke, LLC — Beer and Wine Meridian City Ccund] Agends - April 1.2GG3 pagc I of3 All mataiula presorted a1 public meetings shall become property of the My of Mciidim Arryanc deairing iccommodadon for disahililics rdaled to ducuments and/or hexting please contact the City Clcrk's OtSec of 896-0433 at IeaA 48 hours prior to the public a+cctin6, i ** TX CONFIRiHIION REPORT ** AS OF APR 01 '03 23:35 PAGE -01 CITY OF MERIDIAN CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 1, 2003 at 7:00 p.m. City Council Chambers 1_ Roll -call Attendance: Tammy de Weerd 0 Bill Nary Cherie McCandless _ Keith Bird Mayor Robert Corrie 2. Adaption of the Agenda: 3. ConsentAgenda: A. Approve minutes of January 27, 2003 City Council Special Workshop Meeting: ao?y-Pvw. B. Approve minutes of February 4, 2003 Pre -Council Meeting 4_r vim"`.. C. Approve minutes of February 18, 2003 Pre -Council Meeting: a o/- -01— D. Findings of Fact and Conclusions of Law for Approval: MI 03- 002 Request to allow a temporary sales office on Lot 2 Block 5 of Baldwin Park Subdivision No. 1 by Capital Development — 4196 N. Zion Park Way: a1,qa4vv� E. Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement: i�SaC��fiu>� D3" poi F. Water Main Easement Agreement with Gary and Rosalie W_ingett for Cascade Fence Company: G_ 5t_ Luke's Regional, Medical Center Easement Agreement: �yP✓nt^v H. Qeer, Wine and Liquor License Renewals: ajq vvve� Corona Village, Inc. — Beer and Wine Meridian Speedway w Beer and Wine A New Vintage Wine Shop — Beer and Wine Big Smoke, LLC -- Beer and Wine Maridian City Council Agenda - Apsil 1, 2003 rage 1 of9 All m, ieriulm presented of public meetings shall become property of the Clay of Mcridiam Anyone desiring accommodation for disabilities related to ducumenu and/or heving please contact the City Clerk's Office at 889-4433 nt leas[ 48 bolus priorto the public meeting, DATE TIME TCI/FROM MODE MIN/SEC PGS CMDA STATUS 01 04/01 23-23 ADA CTY DEVELMT 63--5 01'50" 003 203 OK 02 04/01 23:25; CHERRY LANE EC --S 01'27" 003 203 OK 03 04/01 23:27 POST OFFICE EC --S 01'51" 003 203 OK 04 04/01 23:30 20e 888 1983 G3 --S 01'25" 003 203 OK 05 04/01 23-32 ID PRESS TRIBUNE EC --S 01'12" 003 203 OK 06 04/01 23-34 208 888 6700 EC__S 01'06" 003 203 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 1, 2003 at 7:00 p.m. City Council Chambers 1_ Roll -call Attendance: Tammy de Weerd 0 Bill Nary Cherie McCandless _ Keith Bird Mayor Robert Corrie 2. Adaption of the Agenda: 3. ConsentAgenda: A. Approve minutes of January 27, 2003 City Council Special Workshop Meeting: ao?y-Pvw. B. Approve minutes of February 4, 2003 Pre -Council Meeting 4_r vim"`.. C. Approve minutes of February 18, 2003 Pre -Council Meeting: a o/- -01— D. Findings of Fact and Conclusions of Law for Approval: MI 03- 002 Request to allow a temporary sales office on Lot 2 Block 5 of Baldwin Park Subdivision No. 1 by Capital Development — 4196 N. Zion Park Way: a1,qa4vv� E. Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement: i�SaC��fiu>� D3" poi F. Water Main Easement Agreement with Gary and Rosalie W_ingett for Cascade Fence Company: G_ 5t_ Luke's Regional, Medical Center Easement Agreement: �yP✓nt^v H. Qeer, Wine and Liquor License Renewals: ajq vvve� Corona Village, Inc. — Beer and Wine Meridian Speedway w Beer and Wine A New Vintage Wine Shop — Beer and Wine Big Smoke, LLC -- Beer and Wine Maridian City Council Agenda - Apsil 1, 2003 rage 1 of9 All m, ieriulm presented of public meetings shall become property of the Clay of Mcridiam Anyone desiring accommodation for disabilities related to ducumenu and/or heving please contact the City Clerk's Office at 889-4433 nt leas[ 48 bolus priorto the public meeting, ** TX CONFIRMATION REPORT ** AS OF APR 01 '03 12:14 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 13 04/01 12:11 12083753271 EC --S 02`19" 008 190 OK -------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 1, 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 January 27, 2003 City Council Special Workshop Meeting: B. Approve minutes of February 4, 2003 Pre -Council Meeting C. Approve minutes of February 18, 2003 Pre -Council Meeting: D. Findings of Fact and Conclusions of Law for Approval: MI 03- 002 Request to allow a temporary sales office on Lot 2 Block 5 of Baldwin Park Subdivision No. 1 by Capital Development -- 4196 N_ Zion Park Way: E Medi tan/Meridian °Rural Fire Protection District Firefighting Preservation Service Contract and Joint Exercise of Power Agreement: F_ Water Main Easement Agreement with Gary_ and Rosalie Wingett for Cascade Fence Company: G. St. Luke's Re ional Medical Center Easement Agreement: H. Beer, Wine, and Liquor License Renewals: Corona Village, Inc. -- Beer and Wine Meridian Speedway— Beer and Wine A New Vintage Wine Shop -- Beer and Wine Big Smoke, LLC — Bear and Wine Mcridian City Council Agenda—April 1, 2003 Pagel of 3 All materials presented ut public mcctings shall become property otthe City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing please eonnct 113e City Clerk's OiYicc at 888.4x33 at least 48 hours prior to the public meeting. f CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 1, 2003 at 7:00 p.m. City Council Chambers 1. Roll -call Attendance: Tammy de Weerd 0 Bill Nary Cherie McCandless Keith Bird -.k Mayor Robert Corrie 2. Adoption of the Agenda: jr P -_Q_ 3. Consent Agenda: A. Approve minutes of January 27, 2003 City Council Special Workshop Meeting:p� B. Approve minutes of February 4, 2003 Pre -Council Meeting </v/v/z,&'<- C. Approve minutes of February 18, 2003 Pre -Council Meeting: a1V-y0w-- D. Findings of Fact and Conclusions of Law for Approval: MI 03- 002 Request to allow a temporary sales office on Lot 2 Block 5 of Baldwin Park Subdivision No. 1 by Capital Development - 4196 N. Zion Park Way: crit-� E. Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement: 673-4-o/ F. Water Main Easement Agreement with Gary and Rosalie Wingett for Cascade Fence Company:r G. St. Luke's Regional Medical Center Easement Agreement: ajo,rvvf� H. Beer Wine and Liquor License Renewals:,-r�o► Corona Village, Inc. - Beer and Wine Meridian Speedway - Beer and Wine A New Vintage Wine Shop - Beer and Wine Big Smoke, LLC - Beer and Wine Meridian City Council Agenda— April 1, 2003 Page 1 of All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. I. Approve Bills: 4. Department Reports: A or 4Z/P0/hfrn et of h� �DO��lC " OlQ/�nf1zG� Z�hrr l�Gz'h�ih� r�ru 5. (Items Moved from Consent Agenda): ftaM,,`hy e%,Owa"- 6. Tabled from March 25, 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:�d.�:? 7. Tabled from March 25, 2003: FP 03-012 Request for Final Plat approval of 52 building lots and 5 other lots on 15 acres in a R-4 zone for Castlebrook Subdivision by Centennial Development, LLC - east of North Black Cat Road and south of West Cherry Lane: 7--r,4C -/-v /1)6-r:l 8,, 2,90.3 8. FP 03-014 Request for Final Plat approval of 70 building lots and 3 other lots on 17.11 acres in an R-4 zone for Marlin Subdivision No. 2 by Winston Moore - north of 1-84 and east of Linder Road: 9. FP 03-015 Request for Final Plat approval of 31 building lots and 2 other lots on 8.63 acres in an R-4 zone for Havasu Creek Subdivision No. 2 by Havasu Creek, LLC - west of Locust Grove Road and south of McMillan Road:��,1 coir 10. FP 03-016 Request for Final Plat approval of 31 building lots and 3 other lots on 8.72 acres in an R-4 zone for Havasu Creek Subdivision No. 3 by Havasu Creek, LLC - west of Locust Grove Road and south of McMillan Road: 11. TE 03-001 Request for a Time Extension on commencing construction and recording the Final Plat for Fallon Greens Subdivision by Pinnacle Engineers, Inc. - southwest corner of South Allen Street and Gentry Way: e,ppyv V -C -- 12. Continued Public Hearing from March 18, 2003: AZ 02-033 Request for annexation and zoning of 104.77 acres from RUT to R-8 PD zones for proposed Parkstone Subdivision by Hillview Development, Corp. - west of North Eagle Road and north of East Ustick Road: 13. Continued Public Hearing from March 18, 2003: 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: Meridian City Council Agenda — April 1, 2003 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-1433 at least 48 hours prior to the public meeting. 14. Continued Public Hearing from March 18, 2003: 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: r f, t� -1-o /2re fay e � Cl%e lq->- 15. Continued Public Hearing from March 25, 2003: 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: �l� t Cl e /4;-Z doh 16. Continued Public Hearing from March 25, 2003: 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: � ., , �,� .�� c! -e _jlz� cee, ie -_Z 17. Continued Public Hearing from March 25, 2003: MI 03-013 Request for a private road for proposed Northbridge Subdivision by Centennial Development, LLC — west of North Meridian Road on West Ustick Road: 18. Public Hearing: AZ 03-001 Request for annexation and zoning of 10.006 acres from RUT to L -O zones for Central Valley Baptist_ Church by Central Valley Baptist Church — east of North Ten Mile Road and south of West Pine Avenue: ��„�jh�,,,��p�/L y� /Z/S;: � �'� 19. Public Hearing: 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: a71/ -V r7q e y /-0 /ampe'-� 41 C -/e 4ceeI-T/ak 20. Public Hearing: PFP 02-005 Request for Preliminary / 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: Meridian City Council Agenda — April 1, 2003 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. April 11, 2003 MERIDIAN CITY COUNCIL MEETING April 15, 2003 APPLICANT ITEM NO. REQUEST Approve minutes of April 1, 2003 City Council Regular Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 9, 2003 at 7:00 p.m. City Council Chambers 1. Roll -call Attendance: X Tammy de Weerd O Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie 2. Adoption of the Agenda: Approve 3. Consent Agenda: A. Approve minutes of January 27, 2003 City Council Special Workshop Meeting: Approve B. Approve minutes of February 4, 2003 Pre -Council Meeting: Approve C. Approve minutes of February 18, 2003 Pre -Council Meeting: Approve D. Findings of Fact and Conclusions of Law for Approval MI 03- 002 Request to allow a temporary sales office on Lot 2 Block 5 of Baldwin Park Subdivision No. 'I by Capital Development — 4196 N. Zion Park Way: Approve E. Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement: Resolution 03-401 F. Water Main Easement Agreement with Gary and Rosalie Wingeti for Cascade Fence Company: Approve G. St. Luke's Regional Medical Center Easement Agreement: Approve H. Beer, Wine, and Liquor License Renewals: Approve Corona Village, Inc. — Beer and Wine Meridian Speedway — Beer and Wine Meridian City Council Agenda—April 1, 2003 Page Iof4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. A New Vintage Wine Shop — Beer and Wine Big Smoke, LLC — Beer and Wine 1. Approve Bills: Approve 4. Department Reports: A. Mayor's Office: Appointment of Anna Powell for Planning and Zoning Administrator: Approve 5. (items Moved from Consent Agenda): Nothing 6. Tabled from March 25, 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: Table to April 15, 2003 Meeting 7. Tabled from March 25, 2003: FP 03-012 Request for Final Plat approval of 52 building lots and 5 other lots on 15 acres in a R-4 zone for Castlebrook Subdivision by Centennial Development, LLC — east of North Black Cat Road and south of West Cherry Lane: Table to April 8, 2003 Meeting 8. FP 03-014 Request for Final Plat approval of 70 building lots and 3 other lots on 17.11 acres in an R-4 zone for Marlin Subdivision No. 2 by Winston Moore — north of 1-84 and east of Linder Road: Approve with Conditions 9. FP 03-015 Request for Final Plat approval of 31 building lots and 2 other lots on 8.63 acres in an R-4 zone for Havasu Creek Subdivision No. 2 by Havasu Creek, LLC — west of Locust Grove Road and south of McMillan Road: Approve with Conditions 10. FP 03-016 Request for Final Plat approval of 31 building lots and 3 other lots on 8.72 acres in an R-4 zone for Havasu Creek Subdivision No. 3 by Havasu Creek, LLC — west of Locust Grove Road and south of McMillan Road: Approve with Conditions 11. TE 03-001 Request for a Time Extension on commencing construction and recording the Final Plat for Fallon Greens Subdivision by Pinnacle Engineers, Inc. — southwest corner of South Allen Street and Gentry Way: Approve Meridian City Council Agenda — April 1, 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 hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 12. Continued Public Hearing from March 18, 2003: AZ 02-033 Request for annexation and zoning of 104.77 acres from RUT to R-8 PD zones for proposed Parkstone Subdivision by Hillview Development, Corp. — west of North Eagle Road and north of East Ustick Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 13. Continued Public Hearing from March 18, 2003: 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: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 14. Continued Public Hearing from March 18, 2003: 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: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 15. Continued Public Hearing from March 25, 2003: 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: Attorney to prepare Findings of Fact and Conclusions of Law for Denial 16. Continued Public Hearing from March 25, 2003: PP 02-035 Request for Preliminary Plat approval of 5 building lots and 4 other lots on 5.0 proposed proposed Subdivision by acres �n a ro ose -2 zone for ro osed Northbridg_eSubdiv, ,.,._ Centennial Development, LLC — west of North Meridian Road on West Ustick Road: Attorney to prepare Findings of Fact and Conclusions of Law for Denial 17. Continued Public Hearing from March 25, 2003: MI 03-013 Request for a private road for proposed Northbridge Subdivision by Centennial Development, LLC — west of North Meridian Road on West Ustick Road: Application was Withdrawn 18. Public Hearing: AZ 03-001 Request for annexation and zoning of 10.006 acres from RUT to L -O zones for Central Valley Baptist Church by Central Valley Baptist Church -- east of North Ten Mile Road and south of West Pine Avenue: Continue Public Hearing to April 15, 2003 Meeting Meridian City Council Agenda — April 1, 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 hearing please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. 19. Public Hearing: 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: Attorney to prepare Findings of Fact and Conclusions of Law for Denial 20. Public Hearing: PFP 02-005 Request for Preliminary / 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: Attorney to prepare Findings of Fact and Conclusions of Law for Denial Meridian City Council Agenda — April 1, 2003 Page 4 of All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. iMeeting ...Meridian City Count c ., .,. April 1 ....,., , 2003 The Regular Meeting of the Meridian City Council was called to order at 7:15 P.M., on Tuesday, April 1, 2003, by Mayor Robert Corrie. Members Present: Tammy de Weerd, Cherie McCandless, and Keith Bird. Members Absent: Bill Nary. Others Present: William Nichols, Brad Hawkins -Clark, Brad Watson, Ken Bowers, Doug Strong, Dean Willis, and Will Berg. Item 1. Roll call Attendance: X Tammy de Weerd O Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: At this time I will open the Regular Meeting on Tuesday, April the 1St, at 7:00 P.M., the year 2003, in the City Council Chambers. At this time, I'd like to have the City Clerk have roll call attendance, please. Item 2. Adoption of the Agenda: Corrie: Okay Item Number 2 is adoption of the agenda. Council, is there any additions or corrections to the agenda? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Under Item E on the Consent Agenda, there is a resolution that has no number on it or anything and we are either going to have to get a number -- we have passed it. What is there -- we have to pull it off and put it on the Regular Agenda. We can't pass a consent item without -- without -- with a resolution on it with no number. Have we passed this resolution? I do not recall it. Of course, I missed about two or three meetings there in January and February. Corrie: Mr. Berg did we -- kind of have to help us here. Berg: Thank you, Mr. Mayor, Members of the Council. I see in the packet that the attorney included a resolution, which probably was overlooked when putting this item on the agenda, so we will just need to note and add a resolution number, which could be, if you want to adopt it, 03-401. I'm sorry there was no -- Bird: If the Mayor and the Council has seen that resolution, I have no problems with it. We can leave it on if we have got a number. Meridian City Council Meeting April 1, 2003 Page 2 of 47 De Weerd: I don't have anything. Corrie: I don't have any problem with it. Bird: Okay. As far as I know, that's it on the agenda and I would move that we adopt the agenda as noted with the change in Item E on the Consent Agenda. De Weerd: Second. Corrie: Okay. Motion has been made and seconded. Any further comment? All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Consent Agenda: A. Approve minutes of January 27, 2003 City Council Special Workshop Meeting: B. Approve minutes of February 4, 2003 Pre -Council Meeting C. Approve minutes of February 18, 2003 Pre -Council Meeting: D. Findings of Fact and Conclusions of Law for Approval: MI 03- 002 Request to allow a temporary sales office on Lot 2 Block 5 of Baldwin Park Subdivision No. 1 by Capital Development — 4196 N. Zion Park Way: E. Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement: F. Water Main Easement Agreement with Gary and Rosalie Wingett for Cascade Fence Company: G. St. Luke's Regional Medical Center Easement Agreement: H. Beer, Wine, and Liauor License Renewals: Corona Village, Inc. — Beer and Wine Meridian Speedway — Beer and Wine A New Vintage Wine Shop — Beer and Wine Big Smoke, LLC — Beer and Wine I. Approve Bills: Corrie: Item Number 3 is the Consent Agenda. Bird: Mr. Mayor? Meridian City Council Meeting April 1, 2003 Page 3 of 47 Corrie: Mr. Bird. Bird: I would move we approve the Consent Agenda with one change, that it be known that under Item E, the Meridian 1 Meridian Fire Protection District Firefighting Life Preservation Service Contract Joint Exercise of Power Agreement, that the Resolution Number for that 03-401. With that, that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. McCandless: Second. Corrie: Okay motion has been made and seconded. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: Okay. Motion is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Department Reports: Corrie: Item Number 4 is Department Reports. At this time, I would like to give to the City Council the name of Anna Powell to be appointed the Planning and Zoning Director for the City of Meridian. Anna is sitting here in front. Anna, if you'd like to stand up. We had a group of people interviewing a number of applicants and Anna has come out as the top one here, so, thank you, Anna, for being here tonight. Under the circumstances, I would like to nominate Anna Powell as the new Planning and Zoning Director and comments -- I think we had two of the Council that was on that, so that's -- any comments? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I think Anna had a very good interview and she will bring a different perspective to the Department of Planning and Zoning. She has both public and private experiences degrees that will really help us look forward and do some good solid planning. I look forward to working with you, Anna, and congratulations. I guess we can't say really negative with her standing here, but I think you will do a wonderful job. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: With that I would make a motion that we approve Anna Powell as our Planning and Zoning Director. Meridian City Council Meeting April 1, 2003 Page 4 of 47 McCandless: Second. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Okay. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Carrie: Thank you, Anna. I know you have another meeting you have to go to right now. Thank you for being here. De Weerd: I'm sure Brad will be relieved. Item 5. (Items Moved from Consent Agenda): Item 6. Tabled from March 25, 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: Okay. Item Number 6 is tabled from March 25, 2003. This is a request for Final Plat approval of 26 building lots and eight 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. At this time, I will invite our Planning and Zoning staff to comment first. Hawkins -Clark: Thank you, Mayor, Members of the Council. Our Public Works staff did request that this item be tabled due to some reconfiguration of the sanitary sewer. They requested April 15th as a date to be tabled to. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: With that said, I move that we table this item for request for Final Plat approval of 26 building lots and eight other lots on 5.48 acres in an R-8 zone for Mosher's Farms Subdivision to April 15, 2003. Bird: Second. Corrie: Motion has been made and seconded to table Item Number 6 until April 5, 2003. Any further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 7. Tabled from March 25, 2003: FP 03-092 Request for Final Plat approval of 52 building lots and 5 other lots on 15 acres in a R-4 zone for Castlebrook Subdivision by Centennial Development, LLC — east of North Black Cat Road and south of West Cherry Lane: Meridian City Council Meeting April 1, 2003 Page 5 of 47 Corrie: Item Number 7 is tabled from March 25, 2003. This is a request for Final Plat approval of 52 building lots and five other lots on 15 acres in an R-4 zone for Castlebrook Subdivision by Centennial Development, LLC, east of the North Black Cat Road and south of West Cherry Lane. Brad. Hawkins -Clark: Mayor, Members of the Council, the staff had requested a revised plat be submitted to us ten days prior to the hearing. I understand from the City Clerk's Office that we did not get that 10 days. There was also some mix up by the city in terms of getting the plat circulated. We have had conversations with Mr. Amar, the developer, and he's aware that we have some responsibility for the mix up here. We told him that we would get the review done on this -- this week and so this subdivision does involve the -- there are a couple of lots that are involved in this subdivision that the city had discussions with for a temporary -- for a lift station. Those conversations are part of the reasons why we are asking for it to be tabled. We are asking it to be tabled until the April 8th meeting, so we can finalize those discussions about the lift station on Castlebrook No. 1. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we table FP 03-012, request for Final Plat approval of 52 building lots and five other lots on 15 acres in an R-4 zone for Castlebrook Subdivision by Centennial Development, LLC, east of North Black Cat Road and south of West Cherry Lane until April 8, 2003. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to table the Final Plat approval of Castlebrook Subdivision until April 8, 2003. Any further discussion? Hearing none, all those in favor of that motion say aye. All ayes. Motion carried. Final Plat will be on the April 8t" agenda. MOTION CARRIED: THREE AYES, ONE ABSENT Item 8. FP 03-014 Request for Final Plat approval of 70 building lots and 3 other lots on 17.11 acres in an R-4 zone for Marlin Subdivision No. 2 by Winston Moore -- north of 1-84 and east of Linder Road: Corrie: Item Number 8, request for Final Plat approval of 70 building lots and three other lots on 17.11 acres in an R-4 zone for Marlin Subdivision No. 2 by Winston Moore, north of 1-84, east of Linder Road. Invite staffs comments first. Hawkins -Clark: Thank you, Mayor, Members of the Council. This Final Plat is the second of two total phases for Marlin Subdivision. 1-84 is on the south side of the subdivision. The Landing is to the east and they already have constructed the public street through the development. That was a requirement of our Fire Department for two Meridian City Council Meeting April 1, 2003 Page 6 of 47 points of permanent access into the subdivision to serve the first phase. This road was constructed and is constructed already. This landscaping that was required along 1-84 is already in, houses are well underway for these -- for the first phase. The second phase has a gross density of 4.6 dwelling units per acre. There are recommended conditions from the staff in our March 28th memo. There are a couple of conditions that I understand Mr. Jonathan Seel has some questions about, one of those Public Works, Brad Watson, is going to speak to. Watson: Site-specific Requirement Number 2 regarding PI needs to be cleaned up. I just spoke with Jonathan Seel out in the lobby and, correct me if I'm wrong, Jonathan, needs to be amended to say on the first sentence. The pressurized irrigation system within this development will be owned, operated, and maintained by Nampa -Meridian Irrigation District. The second sentence and third sentence need to be deleted in their entirety. The fourth, fifth, and sixth sentences are standard to any subdivision and should be retained. I think we have worked out everything else on this. Oh, Site - Specific Requirement Number 1 -- I will probably have to toss this back over to Brad Hawkins -Clark. Mr. Seel says there is no Development Agreement, which Planning and Zoning indicates is true. Just that last phrase should be struck from Site -Specific Condition Number 1. Corrie: Okay Seel: Good evening. Jonathan Seel, 600 North Steelhead, Boise, Idaho, representing W.H. Moore Company. I'm in agreement with the staff report with the modifications that were discussed and unless you have any questions, I will just sit down. Make this simple. Yes. I like this. Corrie: Works out well. Any questions of Jonathan? Bird: I have none. Corrie: All right. Thank you very much. Seel: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Final Plat of 70 building lots and three other lots on 17.11 acres in an R-4 zone for Marlin Subdivision No. 2, to delete in Site - Specific Number 1, reference to the Development Agreement. In Site -Specific Requirement Number 2 to amend sentence one, as stated by Brad Watson, delete sentence two and three, and to have the attorney draw up Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Meridian City Council Meeting April 1, 2003 Page 7 of 47 Corrie: Okay. Motion has been made and seconded to approve the request for the Final Plat approval on Marlin Subdivision No. 2. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: Okay. Three ayes. Motion is carried for approval of Marlin Subdivision No. 2. MOTION CARRIED: THREE AYES, ONE ABSENT Item 9. FP 03-015 Request for Final Plat approval of 31 building lots and 2 other lots on 5.63 acres in an R-4 zone for Havasu Creek Subdivision No. 2 by Havasu Creek, LLC — west of Locust Grove Road and south of McMillan Road: Item 10. FP 03-016 Request for Final Plat approval of 31 building lots and 3 other lots on 8.72 acres in an R-4 zone for Havasu Creek Subdivision No. 3 by Havasu Creek, LLC — west of Locust Grove Road and south of McMillan Road: Corrie: Item Number 9. This is a request for Final Plat approval of 31 building lots and two other lots on 8.63 acres in an R-4 zone for Havasu Creek Subdivision No. 2 by Havasu Creek, LLC, west of Locust Grove Road and south of McMillan Road. I will have comments from Mr. Brad Hawkins -Clark. Hawkins -Clark: Yes. This Final Plat request is the second phase of Havasu Creek Subdivision. North Locust Grove Road is to the east. You approved Havasu Creek Final Plat No. 1 a couple of months ago and this second phase is immediately to the west of that first phase. An Ada County Subdivision, Crestwood, abuts to the north. There is a stub street that goes into one of those five -acre lots that is on the south side of McMillan Road. There are two open space storm water lot in this phase, both located more or less on the southern part of the phase. The large one here is Lot 16. We have received a letter from Justin Martin of Havasu Creek, LLC, dated today, April 1St, and he has agreed in that memo to all of the site-specific requirement and general requirements. With that, staff recommends approval, including all staff comments. Corrie: Thank you, Brad. Is the representative here tonight? Name and address, please. Martin: Justin Martin, 5606 North Ten Mile Road. Mayor, Members of the Council, I do agree with all of the requirements in the staff report. There would be two clean-up items in the staff report, if I could. Item 1 we also have the Development Agreement in our specific. We weren't required to have a Development Agreement in this project if we could get that deleted. Then, on Item Number 6, there was just a typo on the first bullet. At the end of the sentence of the first bullet, it says 13 in parenthesis and 15 in words if we could just change the word 15 to 13 that would be fine. That's all. Corrie: Okay. Thank you. Any questions? Meridian City Council Meeting April 1, 2003 Page 8 of 47 Bird: I have none. Corrie: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Final Plat of 31 building lots and two other lots on 8.63 acres in an R-4 zone for Havasu Creek Subdivision No. 2. To delete reference to Development Agreement in Site -Specific Number 1, and to change or amend Item Number 6, Bullet Point Number 1, to read 13, instead of 15, and ask the attorney draw up Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the Final Plat of Havasu Creek No. 2 Subdivision with the changes in the removal in Number 1 and also amend the Number 15 and Number 6. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion to approve Final Plat for Havasu Creek Subdivision No. 2. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Item Number 10 is a request for Final Plat approval of 31 building lots and three other lots on 8.72 acres in an R-4 zone for Havasu Creek Subdivision No. 3 by Havasu Creek, LLC, west of Locust Grove Road and south of McMillan Road. I will call on Planning and Zoning to -- Hawkins-Clark: Thank you, Mayor. This third phase is immediately to the west of the one you just approved. There is two points of public street connection between the two at the north and the south ends of the phase. This is more or less central to the section. As you can see, there is a north -south street and a couple of micropaths within this phase that do provide a stub to what, in the Preliminary Plat, is shown to be a future elementary school, which is over here to the -- to the west, platted in a future phase under the Preliminary Plat. This particular phase has a gross density of 3.59 dwelling units to the acre. As with Phase 2, we have received a memo from Justin Martin also stating that they will comply with all of our recommended site-specific and general requirements. I see that we have also required them to do a Development Agreement on this one, which doesn't exist. I guess Dave McKinnon was on a role here the other day. I think we got the first bullet point right on this one, though. Fourteen says 14 so I think that's it. Corrie: Okay. Is the representative here? Meridian City Council Meeting April 1, 2003 Page 9 of 47 Martin: Justin Martin, 5606 North Ten Mile Road. Mayor, Members of the Council, yes, that's exactly right, I agree with everything he said and we do agree with the staff report. Thank you. Corrie: Thank you. Any other discussion? Bird: I have none. Corrie: Okay. I will entertain a motion, then, on the request for Final Plat. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Final Plat approval for Item FP 03-016, for 31 building lots and three other lots on 8.72 acres in an R-4 zone for Havasu Creek Subdivision No. 3 by Havasu Creek, LLC, west of Locust Grove Road and south of McMillan Road. Let it be shown in site -specifics that there is no Development Agreement as required in Item Number 1 and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve the request for the Final Plat in Item Number 03-016. Any further discussion? Roll call vote, please, Mr. Clerk. Roll call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes voted. Motion is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 11. TE 03-001 Request for a Time Extension on commencing construction and recording the Final Plat for Fallon Greens Subdivision by Pinnacle Engineers, Inc. — southwest corner of South Allen Street and Gentry Way: Corrie: Item Number 11 is a request for a Time Extension on commencing construction and recording the Final Plat for Fallon Greens Subdivision by Pinnacle Engineers, Inc., southwest corner of South Allen Street and Gentry Way. At this time, I will ask the Planning and Zoning comments first. Hawkins -Clark: Yes. Mayor, Members of the Council, we have received a request from Mr. Clint Boyle of Pinnacle Engineers in a letter dated March 17th to grant them a one year Time Extension for construction and recording of this three lot commercial subdivision that's at the corner of Allen Street and Freeway Drive in Magic View Subdivision just north of the 1 -84 -Eagle interchange. The City Council last month Meridian City Council Meeting April 1, 2403 Page 10 of 47 approved a Miscellaneous Application, if you call, for modifying this plat to reconfigure the lots. The Lot 1, Block 1, is proposed to be an 80 -room hotel, the Hampton Inn Suites, and the back two lots are proposed to be used for offices. The reason that was given in the March 171h letter is that the modifications had to be made through the city of their Conditional Use Permit that was approved, as well as the Preliminary/Final Plat. They also stated that there have been some issues with the developers in changing hands and getting the configuration of the office buildings set up. Staff has reviewed it they have submitted this within the required time frame to allow the time extension, so staff has no problems granting this. Corrie: Any questions of staff? Bird: I have none. Corrie: Okay. With that, I will entertain a motion. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the request for a one year Time Extension on -- for commencing construction and recording of the Final Plat for Fallon Greens Subdivision by Pinnacle Engineers, southwest corner of South Allen Street and Gentry Way, and for the time to extend until April 1, 2004. McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve the request for extension of time for Fallon Greens Subdivision by Pinnacle Engineers. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no. All right. Three ayes. Motion is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 12. Continued Public Hearing from March 18, 2003: AZ 02-033 Request for annexation and zoning of 104.77 acres from RUT to R-8 PD zones for proposed Parkstone Subdivision by Hillview Development, Corp. — west of North Eagle Road and north of East Ustick Road: Item 13. Continued Public Hearing from March 18, 2003: 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: Item 14. Continued Public Hearing from March 18, 2003: 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 Meridian City Council Meeting April 1, 2003 Page 11 of 47 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: Corrie: Item Numbers 12, 13, and 14 are Continued Public Hearings from March 18. This is a -- Number 12 is a request for annexation and zoning of 104.77 acres from RUT to an R-8 PD zone for proposed Parkstone Subdivision by Hillcrest Development Corporation. Also, Item Number 13 is a request for Preliminary Plat approval of 334 building lots and 34 other lots on 104.77 acres of Parkstone Subdivision. Also a Continued Hearing, a request for a Conditional Use Permit for the Planned Unit Development for 275 single-family dwellings, 52 townhomes, four office lots, two commercial lots and one mini storage lot and one pocket park and one city neighborhood park and 32 common lots on 104.77 acres for Parkstone Subdivision. At this time, I will open all three of the Continued Public Hearings and invite staffs comments first. Hawkins -Clark: Thank you, Mayor, Members of the Council. The three items that you just opened are continued, so I won't go into a detailed explanation of the area. Just as a reminder, we are talking about the parcel that is on the north side of Ustick Road. The west boundary is approximately a quarter mile to the east from North Locust Grove Road. It is bounded by Ada County parcels for the most part, other than Summerfield Subdivision and the Education Campus Subdivision. Both are annexed and here on the west boundary. Corrie: Excuse me just a moment. We have got one Council person that's in another meeting -- McCandless: He just arrived. (Councilman Nary present.) Corrie: He just arrived. Oh, good. I almost forgot that you did request that we put that on a little later in the agenda, but since you're here -- De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: We continued this on just four different items. One was the school response. Second issue was regarding traffic and the center lane question, to get a response from ACRD. The third issue was the easement in the back along the north property line. The fourth issue was regarding parking in the park so, if we could limit comments to those four issues. Hawkins -Clark: Would you like me to continue, then? De Weerd: Yes. Oh. Meridian City Council Meeting April 1, 2003 Page 12 of 47 Hawkins -Clark: Just checking. You have received a letter from Becky McKay that addresses the items that Councilman de Weerd just mentioned. You have received a letter dated March 17th from Bruce Mills of Ada County Highway District that does address some of the general information on traffic, as well as some of the north Meridian traffic issues that have come up. Also, since your last meeting you received a letter from Mr. Tom Davis and Sue Davis, dated March 27th, that was in follow up of some comments there at the last hearing. You have also received a memo from Doug Strong, our Parks and Rec Director, regarding his discussions with Ms. McKay on the public six -acre park that is there on the south side of the subdivision. They have come to agreement on those issues. You also received a fax memo that was to myself from Wendell Bigham of the School District that states that Discovery Elementary School, which is the name of the elementary school being constructed now just to the west, that that will accommodate the students generated from the final build out of this subdivision. He notes that the boundaries were set and they continue their support for Parkstone. He told me verbally that just -- these boundaries do kind of shift to and from and so -- but given that this subdivision actually abuts the elementary school property, it's highly unlikely that this subdivision's children would ever go to another school. Then, I guess the -- I think those are the four items that you have received in your packets since the last meeting. I guess there is five items there. As far as the issue on the easement, staff has discussed this. Our understanding, as stated in Becky McKay's letter, it is a user's ditch along the north side. It's a fairly large user's ditch. The estimate from Mr. Nathan Draper that was given to our Public Works staff is that it would require a 30 -inch pipe. The Meridian School District has relocated slightly the user's ditch on their property. They are piping it. The staffs recommendation at this point is to provide a 20 - foot easement across the back of those lots, as long as cleanouts can be provided on both ends of this north boundary, so that there is no need for any access into those rear lots. It should be clearly noted that those five lots on that north boundary would have an easement, should any downstream or upstream user need to access that for any purpose in the future. I think at this point that's all staff is prepared to offer. Corrie: Okay. The reason -- Becky, would you like to make any comment on those four items there that we are holding the Public Hearing for this? McKay: Yes, sir. Corrie: Thank you. McKay: On the issue of the schools and capacity, I did leave a message for Wendell. Wendell did return my call and left me a very detailed message. I called him back and left him a message to please call Brad and express his comments to Brad, so he got it from the horse's mouth. I also spoke in person with Eric Exline, who is involved with the District in their projections for these elementary schools and as far as the siting and these capacity issues. What Eric Exline told me was when Riverview Elementary was opened up, they set the boundaries in such a way that the day it opened it doors it was full. The testimony concerning that elementary was correct. However, he said with Discovery Elementary, the new one that's going to go on -- or that's under construction at the Charter School site, that these kids from our development will attend, they took Meridian City Council Meeting April 1, 2003 Page 13 of 47 that in consideration and they set the boundaries, anticipating that the number of current kids will be 350. The school has a 650 capacity. They anticipate probably 100 kids coming from new homes being built in Edinburgh, Vienna Woods, Heritage Commons, and Sundance. Then, when it opens in the fall of 2003, it most likely with have 450 kids. For each year, they anticipate 100 additional children would come into that elementary. Therefore, by the fall of 2005, the school will reach its 650. At that time they will have a new elementary online in the North Meridian Area. That is their plan. I said do you have any concerns about the Parkstone Development coming on fine and you guys being able to accommodate these children? He said, no, we were well aware when we were doing our planning for these boundaries that that 100 acres was on the verge of development and we were taking that into consideration. As the population increases in this area, right now they show that boundary taking in these three square miles, being Meridian Road to Eagle Road, McMillan to Ustick and, then, 20-26 to McMillan and so it's basically these three square mile and a little bit of nick out of that section next to it. He said as those -- the children's population increases, then, and we bring on the next elementary in North Meridian, we will shrink those boundaries down and it will start functioning as an elementary which serves the section in which it's in. He said the priority for those elementaries is to get as many children that are within walking distance to that school, because busing the students costs the district money. Also, it costs time for the parents if they have to drive their children also. He said they had absolutely no concerns and that they would accept this development into that elementary with open arms. The other issue that was brought forth was the other developments in this North Meridian Area and as far as transportation is concerned, how that -- how that picture looks like in its entirety, versus just windowing in on a particular project. In your packet, I submitted a fax I received from Christie Richardson that was written to the ACHD commissioners. Hopefully, you guys had an opportunity to take a look at it and, basically, it says that the -- in summary, that Ada County Highway District is going to be actively tracking the Building Permits being issued and the growth in the North Meridian Area. That they intend to review and revise their CIP every three years and that giving special attention to intersection improvement, because they see that as the key to accommodating the growth out in these areas where we have the minor arterial -- or two lane arterial roadways. Christie indicated to me that they would have an individual here this evening to make some comments concerning that. I'm not sure if he's here but if you look at the table -- I will just kind of go can through it. You can see Ustick Road on table one is at the level of service C currently. Between Eagle and Locust Grove, it's at 7,707 trips per day, with a threshold of 14,000, and that's based on the Compass projections for the threshold on a two lane minor arterial. Obviously, capacity does exist. ACHD is indicating that they have, obviously, given their approval for this project and they are indicating that they are going to keep their thumb on the pulse of the growth. When they are looking at -- Christie indicated to me at the distribution of growth, they anticipate that it's not going to be 50 percent in the North Meridian Area, that you're going to have a lot -- a lot smaller percentage when they look at the overall county growth. She didn't have any negative concerns or comments that she wanted me to pass onto the Council. The third issue was the issue of that center turn lane. Christie and I also discussed that. In fact, we discussed that this morning. We are required to do the right decel lane, so you can take pre -right, get out of traffic, make that turn into the new intersection that we create, but we are also required to do that center turn lane. The length of that lane is based on the -- the miles per hour, the speed limit Meridian City Council Meeting April 1, 2003 Page 14 of 47 on the roadway. Then, obviously, based on our frontage and, then, the width of the roadway and we do a taper because we have aligned with both Leslie Drive and Wingate Lane, they will benefit from that turn lane also. My question to ACHD is so when that lane is striped, can we have arrows going both ways, so, if you're coming -- if you're going westbound and you want to make a left-hand turn into Wingate Lane, they can get into that center turn lane and take that to go to the south down to Wingate. In her opinion, she said, yes, it will benefit not only your development, but also any properties to the south. What we have required of you is the same as what we have required of other developments based on the amount of traffic that they are going to be generating and putting out on the arterial. The third issue is the park and the parallel parking. I did meet with Elroy Huff and your new Parks Director Mr. Strong. We had an excellent meeting. We went through the parking issues. He sent a memo to you. We are in agreement with his memo. We will be adding additional parking. We will be adding two handicapped spaces. We will striping for parallel parking along that local street. The concern from Councilman McCandless was what about someone parking and, then, a child crossing that local street. Well, the parking would be right up against the park, so if someone parked next to the park, the kids on the passenger door would be able to go right into the park if they were going southbound. To keep people from parking on the east side and children potentially going across the roadway. Even though it is a local, not a collector, we came up with the idea of signing resident only parking and just along those homes that are across from the park so that the people would utilize the parallel parking as striped next to the park and not park in front of someone's house, therefore, eliminating kids running across the street, as like a drop-off situation. You're frowning. You do not understand -- Nary: No. 1 understand. McKay: Okay. Well, it was just one -- you know, one solution to the comment that Councilwoman McCandless had. The other issue is the easement along the north boundary. We did have the surveyor and engineer come out, they did state that the applicants met with Mr. Clapp out there, they looked at the ditch. Based on where those property boundary stakes are, the ditch -- most of the ditch falls on their side. There are some places that the boundary -- the south boundary of the ditch, that bank, is falling on our side. We agree that there should be a full 20 -foot easement along that ditch, but that that easement typically goes ten feet on one side, ten feet on the other. We would like -- we would bear the 10 -foot easement, put that on our plat. We have agreed also to coordinate with Mr. Clapp and to pipe that ditch, even though it is shared by both property owners and most of it's on his side. I believe that issue is resolved. I don't think we had any other items -- oh, the other item that was brought up by Councilwoman McCandless was the issue of density. She made a statement about the dense -- denseness of this project. If you read my memo, I just wanted to reiterate that your Comprehensive Plan designates this as medium density residential, which is three to eight. We are at 3.58 dwelling units per acre. That 3.58, obviously, is at that lower the lowest range we can get for that medium density residential. We have three -- around hovering three, a little over three of Summerfield right next door on our western boundary. However, those were the days where they just did the straight R-4 and didn't provide any amenities or any open space or any neighborhood parks. They have got, I think, a little over an acre of a little pocket park in the middle for a development of 1 ' Meridian City Council Meeting April 1, 2003 Page 15 of 47 considerable size. We feel that we have done a good job. We went before your Parks Commission, they have also given their blessing. I provided you with our calculations that we presented at the last hearing concerning the park on the cost, what we are willing to do. This is a nice project and it's right in line with what your Comprehensive Plan. What your planners and what this Council has been asking us to provide, something for the community, a good mixed-use development, well thought out, located in an area where we already have existing growth, we are not leapfrogging out, we are next to the city limits, we are next to existing urban development. Do you have any questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess the one question I have, I guess, maybe it's for you, Ms. McKay, as well as Mr. Strong, but we don't have any method in the city code to create resident zoned parking. There is no -- there is nothing in the City Code to allow that. That's a public street, so unless there is some mechanism, there isn't a way to create such a thing. I guess my concern is that if you have parking on both sides of that street, is that going to have -- is there any concern about the fire truck and fire -- McKay: It's a 36 -- yes. Standard. We are not asking for a reduction on that roadway at all. It's a 36 back to back so it would allow parking both sides. Nary: Okay. I guess that's about the only thing that Mr. Strong -- and maybe he has a comment, but we don't have any method to create resident zoning. McKay: If Ada County Highway -- Mr. Mayor, Councilman Nary, if Ada County Highway District would allow it, would you be opposed to it? Nary: Well, we would have to pass an ordinance. There is no ordinance to -- in Boise, they have resident zoned parking. McKay: You mean to impose -- Nary: Right. There is no way to enforce it -- McKay: To enforce it. Yes. Nary: -- if you create residents only. In Boise, they have residents only parking in different areas of Boise and they have a whole method in which to create that. We don't have any such thing in Meridian. There is no way a law enforcement officer can enforce residents only, because they won't know who lives there. I mean that particular piece of it -- McKay: But could it be a deterrent, though? Would it not be a deterrent for people parking on that side? Meridian City Council Meeting April 1, 2003 Page 16 of 47 Nary: Putting up a sign that has no law -- no legal significance? McKay: Well, people don't know that. Nary: Well, they will figure it out pretty quick, so -- I mean that's just that one particular piece l don't think really works. On that street that runs adjacent to the park, we think will have an impact on this subdivision if we were to make that a park speed zone, which is something I think we need to do and make that into a 20 -mile an hour roadway. McKay: I don't think we would be opposed. In fact, we would probably salute you for doing that. The slower we can get the people to drive in subdivisions the better. Nary: And, then, that's just something I try and get -- McKay: Well, that -- I mean that's going to be an issue with all the parks, even like a community park at Lochsa, if they got a single loaded street with residences on one side. The addition that's going to come before you in awhile to that Lochsa Park we have got another situation where we are single loaded. When you get residents in there, you know, like with Boise City and the Boise High issue, you know, they may get complaints. People are parking when they have soccer practice in front my driveway. I mean -- I guess it's something as you guys grow you're going to have to probably deal with but it was one idea that we came up with trying to create a deterrent. Nary: Sure. Corrie: Of course, if they park across the driveway they can get ticketed McKay: We could also, I guess, sign the parallel parking for the park public parallel parking for park use. Maybe that would draw them there. In my conversations with your Parks Director, he indicated that, you know, about the only time you would see the 30 spaces filling up -- and that's what we have, a total of 30, including the parallel parking, would be if they had like a little soccer practice there. On a daily use you wouldn't see that many cars. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Becky, I guess you have covered most -- or you have covered the items that were noted. I just have one last question on the pond and the water circulation. A little floating thing I don't think, really, is sufficient. Had you given any extra thought on what exactly is going to be done there? McKay: Mr. Mayor, Councilwoman de Weerd, typically, what we do is work with the landscape architects and get their recommendations based on the depth, the size, on how to keep that water circulating. 1 have seen what you're talking about, some of those little floating ones don't get a good enough spray to get the ripples clear to the edge and you do see some moss grow around the edge of those ponds. They have some other Meridian City Council Meeting April 1, 2003 Page 17 of 47 ones that are a lot more powerful, I think they still float, and there is some that are stationary like you have there at Eagle Road and the bypass. They have got one that sprays out. They have got the waterfall coming down, but, then, they have also got one that's stationary and it sprays quite a little bloom. I think what your staff has asked us on other projects where we have any water amenity is that we have got to provide them with documentation and a design, so that they can be assured that we are going to get proper water circulation and we don't end up with just a stagnant, mossy pond. It all depends on size and depth. De Weerd: Thank you. McKay: Thank you. Corrie: Just to throw a little curve at you, would you raise your right hand, please? McKay: Yes, sir. Corrie: Is the testimony that you have given the Council the truth, so help you God? McKay: Yes, sir. Corrie: Thank you. De Weerd: State your name and -- McKay: Becky McKay, Corrie: Thank you, Becky. There is any representative from ACHD here that wants to testify tonight on this -- is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Mills: It is. Corrie: Name and address, please. Mills: Bruce Mills. ACHD. Garden City. I'm the right-of-way and zoning services manager and I guess I'm here more to answer questions. I guess if you have questions, I would be willing to take a stab at it. Corrie: Okay. Any questions? I think staff has been pretty good at answering those about the center turn lane and the traffic study. Anybody else have any questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess just so the record is clear, I did read all the minutes from the last meeting, which is why we set this over. One of the things that was brought up by some of the Meridian City Council Meeting April 1, 2003 Page 18 of 47 neighbors was the volume of traffic now. The difficulty in basically driving, especially in the morning, peak times, that exits in this area currently and what was discussed. I think what we received from ACRD was, in relationship to all the other developments there as to when changes are going to occur. I think Becky has talked about that a little bit, but maybe you can highlight that a little bit. We are not talking about just a turn lane for this area, but this area right now is considered a level of service C, so how is all these other developments going impact this area and when are these improvements going to occur, besides just a turn lane. Mills: Mr. Mayor and Councilman Nary, yes, as Becky said, this area of Ustick has between 7 and 8,000 cars a day on it right now and according to the Compass threshold for a level of service D, it can go up to 114,000 cars a day. The entire North Meridian Area -- in fact, I think you have seen some of the recent transmittals we have sent over to you -- to Meridian. It's certainly going to grow, it's certainly going to grow faster than what the COMPASS projections are, and, yet, not necessarily we feel as fast as some of the other projections that were in the traffic study done by the Washington Group. In any event, the best 1 can tell you at this time is we are going to be monitoring it. The present roads that are closer to 14,000 in traffic now, those are the ones that we are looking to construct immediately. We will be collecting impact fees from all these developments, those monies will go towards present and future projects, so they will certainly be used for improvements on these and we are just going to have to monitor it. One nice thing is we are now going to, as Becky had mentioned, go to a three year process of updating our Capital Improvements Plan and that's where we look for the next 20 years and say which projects do we need to get done. I also might add that we are working right now with an impact fee task force and we are also revising the CIP that was put together in December. One of the things we are looking at doing is adding -- taking a closer look at all the intersections, both in this area and countywide and looking at putting more intersection projects in, as opposed to just doing all the lengths connecting the roadways. The intersections, as they are improved with signals and the turn lanes, that's what's really going to move the traffic and help them follow in getting those intersections improved. Then, we can come back and add extra lanes for carrying additional volume on the roads. I don't know if I have totally answered your question, but -- Hawkins-Clark: Mr. Mayor, would it be possible for staff to ask a question? Corrie: Yes. Hawkins -Clark: In Mr. Mills' memo he mentions the elimination of your standard condition that says extraordinary impact fees would be collected in North Meridian Area. Is that what you're proposing to apply to Parkstone as well, that that condition, which was originally sent over to the city, is now eliminated and so there will not be conditions applied? Mills: That is correct. Actually, we have legal advice that says that we cannot -- we cannot make someone sign a statement saying that they are going to have to pay the extraordinary impact fee where right now there is no need for that. In other words, the extraordinary impact fee would be used in a situation where a large development would Meridian City Council Meeting April 1, 2003 Page 19 of 47 come in, say a Costco or something, and would throw so much traffic in place. There would -- and there were no plans to do any improvements and, yet, this would create an immediate need of level of service F, that type of thing. On our own legal advice, we were told it was best to drop that. We are still content for when the condition is there that alerts them to the fact that there may be some conditions that they may have to meet in the future, they may have to participate in some future specialties, but we cannot require it. Hawkins -Clark: Thank you. Corrie: Thank you. Any other questions? Bird: I have none. Corrie: Okay. Thank you. Council, any other questions that you have -- one of the reasons, again, so everybody knows, the reason we kept the Public Hearing open, is so that we can receive other testimony that we didn't have. It's not really open up for public testimony anymore, but just for some specific items. We had -- well, 1 notice that we had three sign up, two were neutral, and one was for. That being the case, Council, do you have any other questions that you need to ask? Bird: I have none. Corrie: Is there anyone from the audience here that has to deal with these four questions that we don't have? Do you? Okay. If you want to come up. Clapp: My name is Vic Clapp. I live at 2255 Paradise -- Corrie: Just a second. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth? Clapp: Yes, it is. Carrie: Thank you. Clapp: My name is Vic Clapp. I live at 2255 Paradise Lane in Meridian, and 1 want to express my gratitude to Mr. Merkle and Mr. Hutt for coming out and surveying the property and meeting with me, that was a nice touch, and for Becky's efforts as well. They have done a real nice job. One other question has come up in further discussion with my neighbors. They were saying that there is a proposal for a greenbelt to go -- I was hoping not, but I thought I had better bring it up. Okay. Excellent. Okay. Thank you. Corrie: All right. Council, any other questions? Okay. All right. Then, if you have no other questions, we can entertain a motion to close the Public Hearing. Bird: Mr. Mayor? Meridian City Council Meeting April 1, 2003 Page 20 of 47 Corrie: Mr. Bird. Bird: If everybody is ready, I would move that we close the Public Hearings on Item Number 12, which is AZ 02=033; also Item Number 13, which is PP 02-033, and Item Number 14, which is CUP 02-049. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearings on Item Numbers 12, 13, and 14. Any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Okay. We will take Item Number 12. This is a request for annexation and zoning of 104.77 acres from RUT to an R-8 PD zone for proposed Parkstone Subdivision. Discussion? Hearing none, I will entertain a motion. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve AZ 02-033, request for annexation and zoning of 104.77 acres from RUT to R-8 PD zones for proposed Parkstone Subdivision by Hillview Development Corp., west of North Eagle Road and north of East Ustick Road. To incorporate staff comments, applicant's replies, and for the attorney to draw up f=indings of Facts and Conclusions of Law and Decision of Order. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to approve the request for annexation and zoning for Parkstone Subdivision. Any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I just have one. I mean I appreciate the applicant getting us more detailed information, instead of speculating on the school district's reply. Appreciate having that information in front of us. That with ACHD as well. The park design is much better. I think it's going to be a greater asset to the city with the increased amount of parking. I think the ball is in the city's court as far as getting some ordinances that would be applicable to some of the traffic situations, not only that will save this park, but in all of our park areas, in particular, when they are in subdivisions with houses on the opposite side of the street. I do appreciate that. I know that there just was not a comfortable level in ruling on this two weeks ago with all of the loose ends that it had and I also appreciate you meeting with Mr. Clapp and finding those property pins and the easement so, that's the only comment I have. Meridian City Council Meeting April 1, 2003 Page 21 of 47 Corrie: Okay. Any other comments? Bird: I have none. Corrie: Roll call vote, please, Mr. Berg. Rall call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES Corrie: Item Number 13 is a Public Hearing -- or, excuse me, is a request for a Preliminary Plat for approval of 334 building lots, 34 other lots, on 104.77 acres for Parkstone Subdivision. Bird: Mr. Mayor? Carrie: Mr. Bird. Bird: I would move that we approve PP 02-033, the request Preliminary Plat approval of 334 building lots and 34 other lots on 104.77 acres in a proposed R-8 PD zone for the proposed Parkstone Subdivision by Hillview Development Corp., west of North Eagle Road and north of East Ustick Road. To incorporate staff comments, applicant's replies and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. Corrie: Okay. Motion has been and seconded. Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I just want to put on the record I think that probably the biggest comment or the most -- the strongest comments that we heard, both at the Planning and Zoning Commission in the minutes and as well at the last meeting was the plat here, the volume of residences that are going to be built there. This is a 100 -acre piece of property, 100 acres of property. This is exactly what we asked people to do, is to find ways to make it usable density, that's what they have done, they have provided -- they have provided some city park land. They have provided some good quality development here, and 1 think Councilman Bird said it the best two weeks ago, they won't be expanding that roadway to make it better without the impact fees that these generate. You know, it is kind of a chicken and egg thing, but I think this is what we have asked people to do, this is exactly the kind of development we are seeking and wanting for our community. This is a very good development, this is very nice, and, like Meridian City Council Meeting April 1, 2003 Page 22 of 47 I said, it helps move along on the park zone in speed, so -- keeping the speed down affects the kids there. Great. I don't have a real concern. I know it's going to be a lot of cars eventually, but you know, there is going to be a lot of cars eventually. That's what we have to deal with. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd like to, if the second agrees, put the proper Preliminary Plat, the date is March 26, 2003, 1 believe. Nary: I concur. Corrie: Okay. Any other discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Does this -- does this new plat have the easement and that sort of thing on it, as far as the testimony? McKay: No. De Weerd: So, you may want to -- you want to know that specifically? Bird: Yes. I would. The easement up at the north end does not show on the plat, but I'm sure we will get it taken care of. De Weerd: And they would be tiling the ditch. Bird: Tiling the ditch. Nary: And offering the 10 -foot easement. Bird: Yes 10 -foot easement. Does the second agree? Nary: I concur. Yes. Bird: Okay. Corrie: Okay. Any other discussion? Bird: I have none. Corrie: Okay. With that said, motion -- have roll call vote, Mr. Clerk. Meridian City Council Meeting April 1, 2003 Page 23 of 47 Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is adopted. MOTION CARRIED: ALL AYES Corrie: Item Number 14 is a request for a Conditional Use Permit for a Planned Unit Development for 275 single-family dwellings, 52 townhomes, four office lots, two commercial lots, one mini storage lot, one pocket park, one city neighborhood park, and 32 common lots on 104.77 acres for Parkstone Subdivision. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I guess I'm on a role on this one. I would move that we approve CUP 02-049, request for a Conditional Use Permit for a Planned Unit Development for 275 single- family dwellings, 52 townhomes, four office lots, two commercial lots, one mini storage lot, one pocket park, one city neighborhood park, and 32 common lots on 104.77 acres for the proposed Parkstone Subdivision by Hillview Development Corp. West of the North Eagle Road and north of East Ustick Road and incorporate staff comments, applicant's replies and comments, and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. Corrie: The appropriate motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Carrie: All ayes. Motion to approve is given. MOTION CARRIED: ALL AYES Corrie: Why don't we take a five-minute break here for just a second and, then, we will go into Items 15, 16, 17 on the Northbridge Subdivision. (Recess.) Item 15. Continued Public Hearing from March 25, 2003: 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: Item 16. Continued Public Hearing from March 25, 2003: 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 Meridian City Council Meeting April 1, 2003 Page 24 of 47 Centennial Development, LLC — west of North Meridian Road on West Ustick Road: Item 17. Continued Public Hearing from March 25, 2003: MI 03-013 Request for a private road for proposed Northbridge Subdivision by Centennial Development, LLC — west of North Meridian Road on West Ustick Road: Corrie: Okay. I will reopen the meeting. Thank you all for your patience. Item Number 15, 16, and 17 is a request for annexation and zoning of five acres from RUT to an R-2 zone for proposed Northbridge Subdivision. Item Number 16 is a request for Preliminary Plat and also Item Number 17 is a request for a private road. At this time I will open the Continued Public Hearing and this is a request from the -- Mr. Shawn Nickel, that due to an applicant's schedule, that he would like to have it postponed until tonight, so we will be having the continued Public Hearing tonight. At this time I will open the Continued Public Hearing and ask staff comments first. Hawkins -Clark: Mr. Mayor, Members of the Council, on Item Number 15, the annexation request, they are requesting annexation to an R-2 zone. We are talking about the property on the south side of Ustick Road, about a quarter mile west of north Meridian. The city's reservoir is generally just across the street there and the city park. There is a church on the property shown here as Strausser Farm Subdivision No. 2 that is in Ada County. Salisbury Subdivision does abut the property to the south. Again, they are -- Planning and Zoning Commission did recommend approval of the annexation and zoning to the R-2 zone. Item Number 16 is the request for the plat and, as shown on the screen here, they are proposing a single point of access off of Ustick Road. All of the buildable lots that they are proposing are here on the east side of the street and, then, one here on the south end of the cul-de-sac. There is an existing house that is off of Ustick. The public street -- well, actually, let me address Item 17 while I'm at it here. Item 17 is the miscellaneous request for private road. Ada County Highway District recommended that the City Council not approve a private and make it a public. The Planning and Zoning Commission supported that, they have recommended a public street, and my understanding is that the applicant, Mr. Amar, is in agreement with that. We may need some advice from the attorney as to whether or not we just deny Item 17 or just have them withdraw it, but I won't go any further on that, since there is no need for that application now. I would just quickly touch on Item 16, again. The Planning and Zoning Commission did have quite a bit of discussion, if you read the minutes, about ground water and drainage out here in this area. The soils study report that was submitted with their application did raise some concerns about that. The Public Works staff is certainly here and can maybe speak to that a little bit more, should you have any questions on that, but the proposal in terms of the street is to have a sidewalk only on the east side of this public street, adjacent to the residences. The west side of the street would just kind of have a concrete lip and the drainage would, essentially, sheet off and go into a common lot that they are proposing to construct that runs the full length of the new private street. This plan does not reflect it, but they are proposing to stub -- this street, essentially, would be a knuckle, instead of a cul-de-sac, that would provide for future public street extension down into Salisbury Lane Subdivision. As you can see, there is a stub street coming out of Salisbury on the south side. 1 understand that the 20 -foot wide sewer easement that was required to Meridian City Council Meefing April 1, 2003 Page 25 of 47 bring the sewer up through Salisbury, through this county property, and, then, into the proposed annexed property, that that 20 -foot easement has been obtained and secured. The staff report is dated February 20th, that does propose conditions. There have been -- there has not been a revised plat to reference, so I think in any motion you just refer to the original application and the original plat date. I think the only other concern I'd like to bring up at this point in time is the fact that the property that has got an existing house on it here on the south side of Ustick is not proposed to be annexed with this property. However, they are the property owner that signed consent for this property -- for this application to come through. I have concerns about the enclaves that we are creating and I think that, if Council agrees, that we ask them to include that property within their subdivision annexation and legal description. Thank you. Corrie: Thank you, Brad. Any questions? Bird: He just answered my question. Corrie: Okay. is the representative -- developer or 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? Amar: Yes, sir. Corrie: Name and address, please. Amar: Thank you, Mr. Mayor, Council Members for the record, Kevin Amar address 114 East Idaho, Suite 230, in Meridian. We are here before you on -- as you can see, Northbridge Subdivision, five lots, with a density of five units -- one unit per acre. These lots are larger lots ranging from a half acre to three quarters of an acre, using rough numbers. The project, as we initially proposed it, we had asked for a private road and that was due to the constraints of -- under current ACHD policy and the City of Meridian policy, would not allow us to do a ribbon curb. They want curb -- full curb, gutter, and sidewalk. The storm drain this area -- or the water table in this area does make it difficult to have an effective storm drain to where the common area or the storm drain facilities aren't always wet and cause numerous problems, I'm sure, which you're all aware. If we can sheet flow off the road, which ACHD has allowed in this case, even allowing a public road, then, we can deal with that on a more direct basis, instead of piping or carrying it to one central location. For that reason if -- and maybe this depends on your counsel's -- Legal Counsel's advice, we can either withdraw the request for a private road or it be denied. With the terms and conditions that both ACHD staff and your staff have put upon this project and have worked with us on, we can live with those and make it a public road, stubbing the -- as Brad had indicated, stubbing this for a future connectivity to those other parcels. We hadn't provided that initially, because it was a private road and private roads and public roads don't always mix real well. We are happy to have a public road in this area. Other than that, the project, as it stands, with staff conditions, we are in agreement with all staff conditions. We appreciate them working with us and trying to come up with a solution to an area that does have a few challenges with respect to ground water and storm drain. We have looked at it also for ground water and, actually, building a house and we think we Meridian City Council Meeting April 1, 2003 Page 26 of 47 can accomplish the construction of houses without any significant problems. With respect to the house -- the existing house up here, that is an out parcel. We are not proposing to annex it, and it's one acre and it has a set up now for horses and corrals and, as I understand it, the City of Meridian doesn't -- the city does not have a function to allow livestock. That's what we were told as recently as today. We want to leave that open, so the people can have livestock on that property. With that, I don't know that we need to go -- we agree with the staff report, we agree with all the conditions that are being imposed on us, and I will stand for any questions. Corrie: I'll let Council -- Mr. Bird. Bird: You are requesting that -- you're going to pull the private road, the MI 03-013, request for private road am I not right? Amar: We can either pull that or deny it. Either way. Bird: I'd prefer you -- as a Councilman, prefer you pull it here publicly during the Public Hearing. Amar: That's fine. We will withdraw that request. Bird: Withdraw it that and that way we have nothing to come back and bite us. I think on the house there, I thought we had a grandfather -- Brad, you can tell me, but I thought -- I mean I think I have seen animals inside the city limits, if it's an existing little place. I don't think that would be a reason to leave that out of being annexed. Hawkins -Clark: Mayor and Council Members, that's correct, the ordinance states that the livestock can be maintained, you just can't increase the number. Bird: No. The number. That's right. Corrie: With that being said, do you think the applicant would readjust his application to include that piece as not being an enclave? Amar: I know -- in my conversation with the applicant, the owners they did not want to include that in the annexation. It was a separate parcel and they decided to keep that out as such. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Maybe I could state it a different way. If we were going to turn it down unless they wanted to include it, is that what they would prefer? Because creating an enclave is not something we really want to do. Bird: No. i Meridian City Council Meeting April 1, 2003 Page 27 of 47 Nary: So, maybe, do you want to ask them? Amar: 1 do have a question. This house takes access currently from Ustick and, as proposed, would continue to take access from Ustick. Does that change access to it? Does it change improvement requirements along Ustick Road? Corrie: I'd ask, Brad, would ACHD require the improvement on Ustick Road if they are annexed? Hawkins -Clark: We do have an ACHD representative here, but my understanding is that any -- the boundaries of a plat, they would typically require those improvements within the legal boundaries. Yes, I think the big question is -- I believe it's 125 -foot offset -- well, actual on Ustick, as a minor arterial it may be more, but in terms of the locations of drives, and streets and the minimum offset distance there -- Nichols: Mr. Mayor? Carrie: Mr. Nichols. Nichols: Mr. Mayor, if I can ask a question of Mr. Amar. Is the existing house a separate tax parcel now? Amar: Yes, sir. Nichols: Okay. Mr. Mayor, Members of the Council, if I could throw my two bits worth in here. Corrie: Do so. Nichols: There may be a way of getting this -- getting the out parcel -- avoiding the enclave issue without creating the plat issues that Mr. Amar just alluded to and that would be a condition of approval, could be that that parcel be annexed -- or at least have a consent -- irrevocable consent to annex recorded as to that parcel. One of the issues that I have seen used in another jurisdiction is that, typically, the property that is proposed to be developed is not, actually, owned at this point by the developer, it's simply under option. One of the terms of the option is approval for the development, so that if the development is denied, then, the developer is not stuck with ground that they can't develop. At the same point in time, the owner of the property doesn't get the cash and at least in Nampa one instance that I'm aware of, the person that wanted to keep their home out came in with a letter agreeing to annex, because it was potentially going to stand in the way of his ability to close on an optioned piece of ground. What I'm saying is there are -- the other issue that needs to be considered, if you're going to require that house to come in, is the issue of water and sewer and whether they are allowed to keep their well and their septic, which they have now. The existing ordinance, I think, requires connection, but you could probably modify that in terms of a consent to annexation and that the connect would be deferred until such time as it failed or just a specific time line, ten years or something like that, that would give them some Meridian City Council Meeting April 1, 2003 Page 28 of 47 relief from that, where they already have a working system. Just those things for your consideration. Corrie: Any other questions of Council? Is the -- you're the applicant, but is the owner of that piece of property here tonight? Amar: 1 don't believe so. Corrie: Okay. Personally, I would like to have some answers before we do anything here. I don't know about the Council, but there are a lot of ifs right now. Amar: With respect to the -- that parcel correct? Corrie: Yes. Amar: fret me ask a question. Are there ifs with respect to other -- with the subdivision or is it strictly with that -- with that out parcel? Corrie: Well, a lot of things depend upon that out parcel right now with the subdivision. I mean if I'm hearing the attorney correctly, if they want to -- I don't know -- I don't know whether I can ask the question -- do they -- have you got a -- do you own the property or do they own all that property and you're trying to get it zoned? Amar: Correct. They do own the property. Corrie: Okay. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess I would agree with what you're saying, to, Mr. Mayor. I guess the question I have -- and I think we are all talking about up here is it's very troublesome to us to create an enclave around here. I mean I know these folks, basically, want to subdivide their pasture and that's fine. Without having that other piece in the city, it -- and I think that Mr. Nichols has raised very valid alternatives to doing that, you know. I think you need an opportunity to talk to those folks about that, because they may not be interested in any of it and there is, certainly, the potential that we may not be interested in annexing it because of it. I think you need to -- you deserve the opportunity to have that discussion with them and expressed to them what our concerns are in that and all the alternatives that were raised by Mr. Nichols of having an irrevocable consent, something that gives them time to amortize -- I don't know what the state of the well is or the state of their septic system. That gives them time to amortize that out and, then, hook up at some point or if they sell the house, they can -- it could be done at that point or something like that. You hear our concerns, but would you like to have some opportunity to discuss that with them? Meridian City Council Meeting April 1, 2003 Page 29 of 47 Amar: I do hear your concerns and I do appreciate that. I do want say up front on all projects that we have ever brought to Meridian we have annexed any of those out parcels or ownership parcels. This is the first one we have not done so. We do understand that it is a concern of the City of Meridian. We also are all anxious to have it -- a recommendation for approval or denial on this project due to contract constraints. I guess my request this evening would be a recommend for approval or denial with those conditions. Either we annex that parcel or we don't and if you do annex it and that is a recommendation for approval, then, that's what's required in order to give approval. If it is not something, you want to annex in and we don't. Either way, I would like to get a decision, knowing that there are options, as the property owner wants to sell, then, it must be annexed. If the property owner wants to sell, then, there must be a certain time frame that they would have to hook up to those city services. Knowing that information, then, we can move forward and base our decisions, I guess, as can the property owner, on the decision that is made here tonight. Corrie: We can certainly do that. Amar: Thank you. Corrie: Any other questions? Any other -- Amar: Maybe if you have more questions. Corrie: Any other questions? Thank you. Amar: Thank you. Corrie: This is a Public Hearing. Is there anyone else in the audience that would like to testify? Wanda Palmer, do you want to testify at this time? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Palmer: It is. Corrie: Thank you. Name and address, please. Palmer: Wanda Palmer. 405 West Ustick Road, Meridian, Idaho. Mr. Mayor, City Council Members, I have copies of my -- do I give it to you? This has to do with the proposed entrance there -- I live adjacent to -- west of the proposed entry into John and Leta Barton's property. I recently learned that the entry off Ustick Road, rather than the entry being that -- the two planned stubs in Sedgwick Drive Subdivision. The blueprints I have been shown show 12 houses to be built, which will generate several cars, school buses, garbage, trucks, et cetera, on a road that will be only 10 feet from my bedroom window. I live -- if you can see it, that little oblong up at the top there by Ustick Road right in there. Thank you. Besides the noise factor the cars will generate, I am concerned about a roadway being built over an expanse of hardpan with an extremely high water table. The hardpan is only about 16 to 18 inches under the surface along our boundary. We have always been very careful from early spring until the irrigation water is discontinued in the fall, to avoid any water accumulating in that area, because Meridian City Council Meeting April 1, 2003 Page 30 of 47 there simply is no way or place for it to drain. The water under the hardpan flows from east to west, causing it to perpetually flood our seepage beds. The Barton's have been very cooperative about not flood irrigating that area, knowing that we would be unable to use our septic system. Even when the area is sprinkled for only a few hours, the water will stand until it evaporates. A few years ago, the Barton's had to install a drainage area around their house because of the high water table. It would seem a better solution to me to either enter from the south of the property or to the east side of the Barton's house. The plans could simply be flip-flopped. The Northpark Fellowship Church and the Jack Sweets own the full length of the property to east of Barton's with no plans to build houses that would present a problem with noise or flooding. In fact, the church tells me they plan to put in soccer fields adjoining Barton's property, in which case they will probably need the road there anyway. I am asking you to reconsider the location for the entrance to the subdivision. Do you have any questions for me? Corrie: Okay. Thank you. Palmer: Thank you. Corrie: Anyone else from the public that would like to issue testimony? Kevin, any comments about the high water and also the flip-flop plan? Amar: We have -- yes. Thank you, Mr. Mayor. I'll try to address Mrs. Palmer's concerns. First, with respect to the water table, we have done tests, monitoring wells in this area, and have monitored them for about a year now certainly, through the last irrigation season. The highest that it got was four and a half feet, 1 think, and that was during a gravity irrigation, that's when they were watering -- I think a day or two after they watered. We feel comfortable that we can, with the alternative design that's been approved by ACHD and supported by your staff, that that can be accomplished. I think the water that Mrs. Palmer is seeing now certainly has that, because of the flood irrigation. We are required to have a pressurized irrigation system, which is easier to control and easier to monitor for any potential flooding. I think her situation would improve with the subdivision, also with it being -- got my pointer now. I couldn't find it. With this area being -- and this road, where she did have -- my understanding of her testimony -- some problems with the irrigation with respect to her property, it is now a road and a grassy swale for collection of storm water, the majority of that storm water, obviously, will be down in here during those high events. I think her situation will improve greatly with respect to the water. With respect to flip-flopping the plan, the existing house here had some additional improvements in this area, some corrals, and a shop, so the ability to flip-flop that is difficult with respect to the existing improvements there. We have tried to provide a nice landscape buffer island, things of that nature. She did make reference to 12 houses and initially we had a plan drawn up that did have 12 or 13 houses on there, but due to the -- our inability do a standard storm drain design, we weren't able to accomplish that plan, so we reduced the number of houses and did more of a rural road section. With that, I would stand for any questions of Council. Bird: I have none. Meridian City Council Meeting April 1, 2003 Page 31 of 47 Corrie: Council, any questions? Okay. Amar: Thank you. Carrie: Council, any further questions on the Public Hearing? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Just to throw some thoughts out for the Council, I'm not willing to pass this annexation and zoning as it is. We have been working to get rid of enclaves and all we are doing is creating another one by not making that come in. Now, 1 don't know whether the right thing to do is to pass it with the condition that that has to be in to be passed or whether we deny it. I think that's something Council has to decide. Item Number 17, 1 believe, they just requested to pull that, withdraw that, and so we don't even have to worry about that. I am definitely against the subdivision as it stands now, without that existing house coming in. Corrie: I think he asked that we either deny it or accept it so, any other comments? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I agree with Council Member Bird that we can't create an enclave, if that's just going to be a condition and, then, the applicant decides whether to sell or not, that's, I guess, up to them. I do like the fact that, you know, we have a goal of offering housing situations and a half acre or plus is very hard to find in our city and so I like the fact that this will -- the density that they are proposing -- and its minimal impact on the neighbors and it fits nicely. I would have no problem approving this with the condition that that parcel be included in the annexation and that the road not be private, it be public, as the applicant has agreed to. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess since we are all chiming in with our two cents, I guess I would -- I would agree with both Council Member Bird and Council Member de Weerd about the issue on the enclave. I'm not willing to write it for them. I mean that's why the offer was to let them go figure out what they want. Mr. Amar doesn't want that, he wants us to either deny it or approve it with conditions and I'm not going to write it for you -- I'm not going to write those conditions for you. I'm not going to do that. We ran into a situation recently where we thought people wanted to be annexed, we annexed them anyway, and they didn't really want to be annexed and now they want to be de -annexed. So -- and I don't want to do that, you know. If the property owner wants it, then, that's what he will do. If they don't want it, then, they don't get to subdivide their backyard yet, they Meridian City Council Meeting April 1, 2403 Page 32 of 47 are going to have to wait or they are going to have to decide what works best for what we want. l just -- I just feel uncomfortable in trying to fashion that, bring it back in two weeks or four weeks, hammer out an agreement of some sort and we are going to be battle over this for a month or two. If you don't want to continue it, I'd just as soon deny it, go figure out whether you want to come back with something else. Corrie: Thank you. McCandless: Mr. Mayor, I agree with both Mr. Bird and Mr. Nary. I think we can either continue it and we can find out whether they want to be annexed or not or we can deny it now but I don't want to approve it with conditions. Corrie: Okay. I will entertain a motion to close the Public Hearing if you so desire. Nary: So moved, Mr. Mayor. Corrie: Okay. De Weerd: Mr. Mayor? Corrie: Do I hear a second? De Weerd: Yes. It was seconded. Corrie: I'm sorry. Yes, Mrs. de Weerd. De Weerd: Why would we close it with what -- when we are going to wait, unless Mr. Amar would like us to vote today. From what I heard the Council say, you know, we would like them to fashion the condition themselves. If that's not acceptable, it's still open -- the Public Hearing is still open, you have an opportunity to respond, and otherwise, it sounds like this will be denied. Carrie: Mrs. de Weerd, that was _- the question was asked by Mr. Nary and he said he wanted us to either deny it or accept it. Under the circumstances, I think that we ought to accommodate what he wants and we can -- we can vote on it, we can deny it, or we can approve it and if we deny it, then, he gets his choice of either denying or approval. De Weerd: So, he has no comment? Corrie: We are still in Public Hearing. We haven't voted yet. Amar: Thank you. We would like a decision -- rather, a decision tonight for recommendation of approval, approval with conditions, or denial, due to different circumstances and time constraints, things of that nature, that need to have a decision. We understand what may happen, but -- Corrie: Okay. Meridian City Council Meeting April 1, 2003 Page 33 of 47 Amar: Thank you. De Weerd: That's fair. Corrie. Okay. Motion has been made and seconded. Any further discussion? All those in favor of the motion say aye. The Public Hearing is closed. MOTION CARRIED: ALL AYES Corrie: Any other discussion? Okay. Item Number 15 is a request annexation and zoning of Northbridge Subdivision. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we deny AZ 02-032, request for annexation and zoning of 5.0 acres from RUT to R-2 zones for the proposed Northbridge Subdivision by Centennial Development, LLC, west of North Meridian Road on West Ustick Road. For the attorney to draw up the Findings of Facts and Conclusions of Law showing denial and stating that the denial is because the first -- the existing building is not part of the request for annexation and zoning and we do not want enclaves. De Weerd: Second. Corrie: Motion has been made and seconded. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion for request for annexation and zoning is denied. MOTION CARRIED: ALL AYES Corrie: Item Number 16, request for Preliminary Plat approval of Northbridge Subdivision. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we deny PP 02-035, request for Preliminary Plat approval of five building lots and four other lots on 5.0 acres in a proposed R-2 zone for the proposed Northbridge Subdivision by Centennial Development, LLC. West of North Meridian Road on West Ustick Road and for the attorney to draw up the Findings of Facts and Conclusions of Law, Decision of Order showing the denial, because of not -- of denying annexation and zoning. Meridian City Council Meeting April 1, 2003 Page 34 of 47 McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, roll call vote, Mr. Berg: Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion for the request for Preliminary Plat is denied. MOTION CARRIED: ALL AYES Corrie: The applicant has requested that they pull the Item Number 17, the request for a public road -- private road. Excuse me. Mr. Nichols, that's all that's required correct? Nichols: Mr. Mayor, Members of the Council, not only that, your prior decision has made that one moot as well, so — Item 18. Public Hearing: AZ 03-001 Request for annexation and zoning of 10.006 acres from RUT to L -O zones for Central Valley Baptist Church by Central Valley Baptist Church — east of North Ten Mile Road and south of West Pine Avenue: Corrie: Thank you. Item Number 18 is a Public Hearing. This is a request for annexation and zoning of 10.006 acres from RUT to an L -O zone for Central Valley Baptist Church by Central Valley Baptist Church, east of North Ten Mile and South of West Pine Avenue. At this time, I will open the Public Hearing on Item Number 18 and invite staffs comments. Hawkins -Clark: Thank you, Mayor, Members of the Council. This property is located on the east side of North Ten Mile Road, adjacent to the Union Pacific Railroad. They have a 200 -foot right of way width and this southern boundary is contiguous to that. West Pine Avenue is just to the north and the property owner is -- or the applicant is requesting an L -O, Limited Office Zone. The L -O zone does allow for the use of churches. That is the proposed use. With their annexation application they did -- here is an aerial photo, just to give you a sense of the current existing conditions on the ground. The storage unit complex, as you can see, is just down to the southwest generally vacant existing Ag land. Here on the screen is the proposed layout for the site. As you know, the annexation application does not require a development Site Plan to be submitted. We have encouraged that at staff level, so that Council and Planning and Zoning Commission have an idea of what they are requesting the annexation for. As you can see, they have a facility located generally in the center of the property, open areas, some parking, some storm water retention areas along the back. The Ten Mile stub drain does also abut the property here on their east boundary. The Planning and Zoning Commission did recommend approval of the annexation request to L -O. The conditions there are in the recommendation for you to see. In terms of those conditions, I think the only one 1 would point out is Item Number 5 that has to deal with constructing either a temporary lift station or to participate with the developers of the land that is here adjacent to the north. Mr. Doug Campbell has submitted an application to the City of Meridian City Council Meeting April 1, 2003 Page 35 of 47 Meridian for -- for the land to the north. As you know, Mosher's Farm Subdivision, which is just north of Pine Avenue, was annexed and approved by the city. There are some discussions about cooperating between the church site and Mr. Campbell's CMD Development in terms of getting the services to this church. Staff has nothing else to add at this point. Corrie: Thank you, Brad. Questions from staff? Bird: I have none. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, it is an L -O zone they are requesting right? Hawkins -Clark: Correct. Nary: Okay. The staff report says an R-8 zone. Hawkins -Clark: Right. That is incorrect. The P&Z recommendation cleaned that up. Nary: Okay. Great. Thank you. Corrie: Okay. is the applicant or representative here this evening? Nary: Pretty confident. Corrie: Is there anyone from the public that would like to issue testimony? Any other questions? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Brad, I'm looking through the Planning and Zoning minutes and stuff, I don't think there was a whole lot of controversy on this -- on this project or anything and you have no problems with it, as long as that temporary -- that Item Number 5 is noted. Brad, do you have -- from Public Works have anything? Watson: Council Member Bird, Mayor, and Council Members, no. In fact, the earlier item that was postponed, Mosher's Farm, is related to this whole sub regional lift station issue that we are trying to workout right now, so we are well aware of it and encourage one lift station, rather than three little ones out there. Bird: And these applicants are well aware of this stipulation Number 5, because it comes out of Planning and Zoning right? They are not getting hit between the eyes or anything like that? Meridian City Council Meeting April 1, 2003 Page 36 of 47 Hawkins -Clark: I would presume so. De Weerd: Mr. Mayor? Corrie: Mr. Bird, why don't we -- we can do this if you like. Since the Mosher's Farm Subdivision request for Final Plat was tabled to April 15th, we could continue this one to April 15th, and ask them to come in and explain what they want to do. Then, we won't have to do something we may have go back and do something later. Mrs. de Weerd. De Weerd: I just don't think it's good practice to make decisions without the applicant here. They haven't seen -- I mean they have probably seen the recommendation, but they haven't responded on public record that they agree. I would move that we continue this Public Hearing to April 15, 2003, Bird: Second. Corrie: Motion has been made and seconded to continue the Public Hearing, Item 18, until April 15, 2003, and request the representative of Central Valley Baptist Church to come to give us a little talk. Any further discussion? All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 19. Public Hearing: 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: Item 20. Public Hearing: PFP 02-005 Request for Preliminary 1 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: Corrie: Item Number 19 and 20 is a request for annexation and zoning of five acres from RUT to an R-3 zone for proposed Bleak Subdivision by Kent and Nancy Bleak, 4920 West Cherry Lane and also a request for Preliminary/Final Plat approval of one building lot and one other lot on five acres in a proposed R-3 zone. At this time, I will open the Public Hearing on Item 19 and 20 with no objection from Council and we will hear the Public Hearing on both, Council. Staff first. Hawkins -Clark: Yes, Mayor, Members of the Council. On Item Number 19, the request for annexation and zoning, the property is currently zoned RUT in Ada county, 4.8 acres. The RUT zoning in Ada County has a five -acre minimum lot size, so they would not be able to further re -subdivide their property under the current Ada County zoning, so the only way for them to divide is to annex. They have proposed an R-3 zoning. The Comprehensive Plan has a low-density residential designation, which is intended for less than three dwelling units per acre. The Planning and Zoning Commission is recommending approval of that annexation and zoning request to R-3. On the last item, Meridian City Council Meeting April 9, 2003 Page 37 of 47 Item Number 20 -- no. 1 guess before I go onto that, the aerial photo does show you that there is a single residence on the property at this time located here kind of at the corner where the L makes the turn. The proposal is for that property, just over three acres, to be split off from the property that has frontage on Black Cat Road. As you can see, the rest of the property is vacant today. The subdivision is a Preliminary/Final Plat, which is allowed for four lots or less. There are no public or private streets that are proposed as a part of the plat. It's a straight two -lot subdivision. They have agreed to provide our street landscape buffers, a 25 -foot easement on Black Cat, and a 25 -foot easement on Cherry. We have requested as staff and the Planning and Zoning Commission also supported some modifications to the plat notes. They would have a 1,500 minimum square foot house size, excluding the garage area. They would need to revise the plat to reflect existing right-of-way issues and show any dedications in the plat on the future there. Water would be provided. However, sewer is not available now, so that recommendation there is to allow the septic. Watson: Mr. Mayor? Corrie: Yes, Brad. Watson: If I could just ask for clarification from the applicant on one of the conditions that puzzles me. I didn't write the staff report, but I had indicated to that applicant last fall that sewer -- gravity sewer service wasn't available to either parcel or either lot. Our recommendation said the water service to this development shall be the existing lines in Black Cat Road. The applicant's letter that I saw here somewhere said that they would connect when available. I just want to get clarification from him whether he realizes that the northeasterly lot does have access to water right now and would be required to connect to that. Corrie: Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Bleak: It is. Corrie: Name and address, please. Bleak: My name is Kent Bleak and I live 4920 West Cherry, Meridian, Corrie: Okay. You want to answer his question? Bleak: Yes. I understand that we would connect from Black Cat Road for the small parcel and, then, from Cherry Lane -- the water would come from Cherry Lane, that water line, that way, two different spots. Corrie: Okay. You can testify as the applicant. Bleak: Okay. The only other comment l would make is on the site-specific comments, the Final Plat. There was an error there that I guess misinterpreted my application. It says that the pressurized irrigation system within the development will be owned and Meridian City Council Meeting April 1, 2003 Page 38 of 47 maintained by Settler's Irrigation District. That's not correct. It would be owned and maintained by myself living on that property or if someone else were to buy the other property, they would maintain that pressurized system that serves the parcel of land that it's on. Corrie: Okay. Bleak: And I don't have any other comments or -- just any questions you might have. Corrie: Council, questions? Bird: I have none. Corrie: Okay. Thank you Bleak: Thank you. Corrie: Anyone else from the public like to issue testimony. Yes, sir. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Law: Yes. Carrie: Name and address, please. Law: Brent Law. My current -- where l live is 4145 North Eagle Road. I own the piece of property, which is -- the L is going around there and it's actually -- the address there is 4888 West Cherry Lane. I'm not opposed to what's going here, but after hearing what we did on some of the other things tonight, I'm -- what my concern is, the annexation of the property. If we make that all -- you know if the L piece there becomes annexed into the city, what is that going to do to my piece of property sitting on the corner? I realize, you know, it's going right around mine. I don't know what's going to happen in time as far as what other developments are going to start out there, what will come along. I just -- I'm concerned about in the future and where the services -- currently, the water is all that is available, if we start subdividing different areas out there and start putting in homes, how many septics are going to be allowed. Because from my understanding currently, the sewer is not available to us and there is not really an idea of when it's going to be available. Maybe that's because I -- maybe there is plans I'm not aware of, but I just -- you know, it just -- I don't know what -- where is that going to put me as far as being annexed and as far as services available, you know. Because if 1 were to decide to develop my place, am I going to be able to get a subdivision put in and go two homes per acre or am I going to -- you know, where -- I'm just curious down the road -- and I realize you can't commit to anything, but it just puts a few questions in my mind. I didn't -- like I say, 1 didn't -- I don't have a problem with what Kent's doing here, but what my concern is is down the road where is that going to put some of the other property? What kind of position am I, you know, going to be put in? Corrie: Good question. Anybody have anything? Meridian City Council Meeting April 1, 2003 Page 39 of 47 Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Law -- over here. How big is that parcel on the corner, the one that you own? Law: My property was, actually, five acres, but, currently, with the way they have changed the streets and everything, it's roughly, 1 believe, 4.5. Nichols: Okay. Thank you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess one of the things I'd like to ask Brad is -- one of the points Mr. Law brings up is the compatibility of this R-3 zone with whatever he may want to do on that corner is that corner on the land use map, is it residential or commercial? Hawkins -Clark: Low density residential. Nary: Low density residential? To increase up one, without having to change the map, he could, actually, increase that to medium density residential right? Without changing the -- Hawkins-Clark: Correct. Nary: Which could be up to an R-8. Hawkins -Clark: Correct. Nary: Does that answer part of your question, at least? Law: Well, yes, but what is the option, though, as far as -- obviously, there is -- there wouldn't be able to -- my understanding at this point is there wouldn't be able to be development as far as like office -type space, any type of commercial, anything, because of no services. Is that -- without the services -- I mean doesn't that kind of regulate what you can do and what you can't do down the road to -- Corrie: Brad. We'll get the experts here. Watson: Mayor and Council Members, I'll answer what I think is the question. There is gravity sewer about 700 feet north of the Bleak property. If an urban density project or a large commercial project came in that could -- that required extension of those services, they would be required to do that. There are some elevation questions in that particular area. It's a little bit of a touchy area as far as gravity sewer, but, as you know, we are in Meridian City Council Meeting April 1, 2003 Page 40 of 47 a process of designing the regional lift station for Black Cat Trunk and this whole area is part of that. I can't tell you today exactly, how the sewer service will get to that, but it will. That's what we are working on right now. I don't know if it's going to come from the north or from the south. We have surveyors out there this week, in fact, doing work, probably over the last couple weeks. Law: So, you have questions on it just like I do. I was just curious about it, because I -- you know, I was just -- really want to know how it's going to affect the rest of the properties out there. What -- you know, what's going to be happening with them and I didn't know if there was any plans yet, if there was -- you know, what the -- you know, what you had for your Comprehensive Plan in that area, if there was any. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Maybe -- I don't know if this answers your question, too, Mr. Law. On our land use map on the Comprehensive Plan, we believed at the time when that property would be annexed into the city that it would be low density residential. Like Mr. Hawkins - Clark said, that does you give you a lot of flexibility on residential development, up to what's medium density residential, which is an R-4, which is four units per acre, or R-8, which is eight units per acre. It gives you lots of flexibility for residential development. It's doesn't mean you can't ask for a light office or a limited office or a commercial -type thing that you, perhaps, by notice -- I mean there would be some work involved in doing that. Your other question, though, was -- I think was sort of the possibility of being annexed in relation to the sewer and the water availability right? Law: Well, no, it's more the -- the decision you made on another piece of property was the annexation not leaving a little chunk of property out and, in a sense, that's kind of what's happening here -- I mean, I don't know, maybe I'm looking at it wrong, but that's what it looks like to me. I'm trying to block out and kind of being brought in and realize it probably would be pretty easy for me to get annexed if 1 applied for it, if this one is approved going around me, and I just -- Nary: And at least this Mayor and this Council, we have not considered involuntarily annexing people, okay? That doesn't mean that won't change, it doesn't mean that that couldn't change, and, yes, the fact that you would be contiguous to the city could mean you could be annexed at some point in the future. It's not very likely, but that can certainly happen. I think it could happen now -- I'm going to guess that that property up the street is city anyway, so since that property across Black Cat is city, if we were going to involuntarily annex you -- or the city was going to involuntarily annex you, they probably could do it now anyway. It wouldn't -- having this property be part of the city isn't going to affect whether or not you can be annexed. The issue may only be whether or not there is sewer service for you to develop it. If the city wanted to involuntarily annex you, they probably could now, we just haven't done that and not likely to really do that. Meridian City Council Meeting April 1, 2003 Page 41 of 47 Law: But as far as the service -- yeah, because I was curious about that, also the services I was curious as far as to their -- if you have a rough idea time frame? Is there anything going on in that area? The last time I knew there was nothing we could get hooked up to. Nary: As Mr. Watson said -- I mean that's exactly what they are doing right now. He doesn't have a question, he actually has the answer, and the answer is not yet, but not too far in the future. Law: Okay I found out what I wanted to know. Corrie: Okay. Law: I still don't know, but at least I found out. Corrie: Now, explain it to me. No, I understand what you're saying. Law: I got my answer. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: One thing that makes your piece different than the one we denied early was that was all under the same ownership. Law: Right. De Weerd: And so because these are two separate -- separately owned parcels, it's a different scenario, and, like Councilman Nary said, we don't force annex, so you can still do with your property as look -- keep an eye on the conditions and the economy and the sewer and do something with yours when you would like -- when you're ready to. Law: Okay. De Weerd: You know, you're a different scenario than what we had a little bit earlier. Law: And that pretty much answers what I'm looking for. De Weerd: Okay. Law: Okay. Thank you. Corrie: Thank you, Mr. Law. Is there anyone else that would like to issue testimony? Okay. Nary: Mr. Mayor? Meridian City Council Meeting April 1, 2003 Page 42 of 47 Corrie: Mr. Nary. Nary: I just had one question for Brad Hawkins -Clark. Maybe I'm dense tonight, Brad, looking at this, but we are looking at an R-3 designation for low density residential. It's two lots. One house so, the density isn't going to likely increase significantly, other than maybe one more house. How is that compatible with the zone? Why isn't this an R-2 and it would seem to be more compatible with the zone. I guess I'm a little curious about that, but maybe I'm just not tracking that. De Weerd: I was wondering that myself. Hawkins -Clark: Councilman Nary, I don't think you're dense, 1 mean -- Nary: It wouldn't hurl: my feelings if you said it. It's okay. I couldn't figure out why that is. Hawkins -Clark: Yes. The applicant -- I'm just going to verify that, but 1 believe requested the R-3. You're correct. I mean R-2 would more adequately address the existing proposal at just two houses, but even that it doesn't meet. Technically, it would be, you know, an R-.5, if you were going to actually go with the existing conditions. I think that the applicant requested the R-3, that does meet the Comp Pian, you know, certainly it doesn't preclude them from re -subdividing somewhere down the line. I mean that lot on the -- with the Cherry frontage has that house so far set back that they could potentially in the future re -subdivide through a re -subdivision application, but I think the main answer is that their application requested R-3. Corrie: Any other questions? Hawkins -Clark: If I could, Mayor, just also point out -- I just wanted to confirm that the applicant is aware of the sanitary service company condition that states that a liability release for road damages may need to be signed. Because the waste -- solid waste company typically does not serve properties that are not either on a private street or a public street, so they would be having to go on a private driveway and their heavy trucks may cause damages and so they are asking for that liability release and I just -- Corrie: Kent, that is a very legitimate question. Your answer? Bleak: Yes. In the development of the roads to come in, we have also talked to the fire department and they wanted a road that was capable of handling a fire engine that weighed 70,000 pounds. We will be accommodating -- the road base would be adequate to handle that and I'm sure that would handle any other kind of garbage truck or anything else with a fire truck going down the road. Corrie: Okay. Thank you. Anything else, Brad? Hawkins -Clark: No. Thank you. Corrie: Any other questions, Council? Meridian City Council Meeting April 1, 2403 Page 43 of 47 Bird: I have none, Mayor. De Weerd: No. Corrie: I will entertain a motion either to continue or close the Public Hearing. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move we close the Public Hearings AZ 02-034 and PFP 02-005. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing on Item Numbers 19 and 20. Any further discussion? All those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Item Number 19 is a request for annexation and zoning. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess if nobody wants to jump in with a motion yet, I guess I have a -- I mean this seems fine, except for the fact that the whole intent of having these residential zones as they are is to create some density. This doesn't do anything. This just annexes in their current lot and subdivides -- subdivides it enough to one other lot that one other house could be built on it. I mean it seems to fly in the face of what the intent of what the Comprehensive Plan is. l can't honesty -- I guess I didn't really hear them -- maybe I'm just tired, but I didn't really hear any point in doing this, other than the county doesn't allow any further subdivision of the property. I mean this just doesn't seem to make any sense to me in relation to what our Comprehensive Plan is. l mean I think we spent hours and hours and hours telling people that the intent is that we are trying to create a plan that deals with the growth of the city that deals with creating densities in areas and this doesn't do any of it. In fact, it doesn't even create the density it's even proposed. 1 mean I just can't see any point to doing this. I guess I'm opposed to it. Corrie: Further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. rF . Meridian City Council Meeting April 1, 2003 Page 44 of 47 De Weerd: I guess just to respond to what Councilman Nary said, is I can understand his concerns. Maybe I would add a concern to it, is -- does that limit what the property on the corner can do and, no, it doesn't, but we all know how neighbors move in and if they are going to be on these low density parcels, what their expectations of the neighboring parcels are going to be -- but, again, I'm -- yes. I don't know. I guess instead of you asking Brad Hawkins -Clark why he was requesting it, you should have asked the applicant. I don't -- I don't have a problem with it, but I do understand your concern. Nary: Mr. Mayor? I mean if I just make one at a time. I mean know it looks silly and 1 believe Council Member McCandless before said here we approved a 225 homes subdivision tonight and now we turn down one for five and now we are tuning down one for one, so -- but the whole intent is to create density and to create some density that has same plan or scheme. This certainly doesn't hurt that, but it doesn't do anything. I mean it doesn't add to anything that we have in the Comprehensive Plan. I understand the -- I mean, honestly, I understand what, at least, the content is or what Mr. Law's intent is here, but it doesn't really jive with our Comprehensive Plan. It just doesn't. I guess I just can't support it. It's sort of similar to the one with the five, it just doesn't fit with what we trying to accomplish, so -- De Weerd: Mr. Mayor? Carrie: Mrs. de Weerd. De Weerd: I guess just to end the debate, I don't mind this and I agree that you need to have a Comprehensive Plan and I guess we did try to define what low density meant. This is the epitome. I would love to find in the city limits this size of lots. I would move that we approve the request for annexation of five acres from RUT to R-3 zones for the proposed Bleak Subdivision and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Bird: I would second that. Corrie: Okay. De Weerd: And include staff comments or P&Z recommendations. Corrie: Are you all through, now? Okay. Motion has been made to approve the request for annexation and zoning, Item Number 19. Any further discussion? Okay. Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, naye; Nary, naye; de Weerd, aye; Bird, aye. Corrie: Well, I hate to say that a person can't do something with his own land. However, if you look at that, we spent an awful lot of time in the Comprehensive Plan in this whole area, spent a lot of time on it. I think it doesn't really make that much sense to just have an R-3 and, then, next to it is going to be -- we don't know yet. Mr. Law hasn't given us an education yet on what he's going to do with that parcel. 1 have a Meridian City Council Meeting April 1, 2003 Page 45 of 47 mixed feeling about what somebody can do with their land, but that's part of the government that people have elected us to do. Not very often do I get to vote like this, but I would like to see that a little bit different than what it is, too. I'm going to have to go with the nayes, Mr. Nary and Mrs. McCandless. It in hopes that the applicant can come back and if they want to do something different and, then -- it's a very difficult decision to make, really, because that's what you want to do, but, yet, what people around us have come and did the Comprehensive Plan, what they wanted to see in this area. At this point I guess I'm going to vote nay at this time and I hope that you can take another look at that and see if we can't do something there. With the, vote is nay and the request for annexation and zoning is denied. MOTION FAILED: TWO AYES, TWO NAYES TIEBREAKER VOTE: ONE NAYE Nichols: Mr. Mayor? Corrie: Yes. Nichols: Point of order. The motion to annex and zone failed, so we will need another motion. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move -- I'm sorry. I'd move to deny AZ 02-034, the request for annexation and zoning of 5.0 acres from RUT to an R-3 zone for the proposed Bleak Subdivision by Kent and Nancy Bleak, 4920 West Cherry Lane, pursuant to the discussion tonight, the denial is based upon the incompatibility with the Comprehensive Plan for the zone that's being requested. That the development -- the development that is being proposed with it, pursuant to -- 1 guess all the remainder of the comments that were made tonight and for the Council to prepare Findings of Facts and Conclusions of Law and Decision and Order for denial. McCandless: Second. Corrie: Motion has been made and seconded. Any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Just to, again, make my thing of having housing choices in the city and this is just five acres, folks, and it's not like a 40 acre thing in the middle of -- but I know we all know how we are voting, so let's get on with it. Corrie: Okay. Mr. Berg, we can get on with it. Meridian City Council Meeting April 1, 2003 Page 46 of 47 Roll call: McCandless, aye; Nary, aye, de Weerd, naye; Bird, naye. Carrie: Help me along here, counselor. Do I do the naye again myself? Do we go through it again or what is the deal? See if you're listening. Nichols: Mr. Mayor, you are -- Corrie: So I can vote aye and it's -- Nichols: Mr. Mayor, if you vote yes, the property is not annexed. if you no, then, we need another motion. Corrie: And as Mr. Bird said, you can vote aye and I do vote aye. MOTION CARRIED: TWO AYES, TWO NAYES TIEBREAKER VOTE: ONE AYE Corrie: Okay. Item 20 is a request for Preliminary/Final Plat. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move to deny PFP 02-005, the request for preliminary and Final Plat approval of one building lot and one other lot on five acres in a proposed R-3 zone for the proposed Bleak Subdivision by Kent and Nancy Bleak at 4920 West Cherry Lane, pursuant -- or the denial is based upon the fact that the annexation and zoning is denied as. For Counsel to prepare Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Okay. Any further discussion? Roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, naye; Bird, naye. Corrie: Okay. Breaking the tie, I vote aye. MOTION CARRIED: TWO AYES, TWO NAYES TIEBREAKER VOTE: ONE AYE De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting April 1, 2003 Page 47 of 47 De Weerd: I guess this poses a question, is this gentleman has a house in the middle of this acreage, so what our Comp Plan is telling him is unless we want him to build a whole bunch of houses around his house, he can't do anything with his land. Nary: No. Corrie: I wouldn't necessarily say that. Go ahead, Mr. Nary. Nary: Mr. Mayor. No, he's got -- he certainly can ask to be annexed, he can ask to rezone it, he can ask to do something -- and he can ask to do something else. He's already going to divide into a different piece. I mean I don't think -- it doesn't impact him in a negative way if he isn't annexed right now. It's not an emergency situation that his septic system is failing. We don't have sewer there anyway, so it doesn't matter. 1 mean I don't -- I guess 1 still think he has certainly options, but, yes, if he wants to develop the land, what we have said is low density residential. Like I said, my one concern is that what we would be doing is locking this land into a single-family home and that isn't what was intended by the Comprehensive Plan. I agree with you it is a low density -- it could not be lower, unless it was grassy field, but it isn't -- it isn't really compatible with what the Comprehensive was set up for. Corrie: Any other questions? Bird: I have none. Corrie: Okay. Then, that being said, that ends our City Council Meeting for tonight. I'll entertain a motion to close the meeting. McCandless: Mr. Mayor, I move we adjourn. Nary: Second. Corrie: Motion has been made and seconded to adjourn. All those in favor say aye. Opposed no. All ayes. Motion is carried. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 9:36 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ATTESTED: �� I DATE WILLIAM G. BERG, JR., ``ti %I I I I I I I I I I I,. of M /��I SEAL - T Item Packet Pickup MEETING ❑ATE: lk RESOLUTION NO. j A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, THE ADDENDUM TO THE AGREEMENT ENTITLED `{FOURTH ADDENDUM TO EXHIBIT "C" JOINT OWNED PROPERTY" OF CITY OF MERIDIAN/MERIDAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT". BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into the Addendum to the agreement, with the Meridian Rural Fire Protection District, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, denoted as "FOURTH ADDENDUM TO EXHIBIT "C" JOINT OWNED PROPERTY" OF CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT, which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Addendum. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: I . The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain Addendum to the agreement with the Meridian Rural Fire Protection District, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, entitled "FOURTH ADDENDUM TO EXHIBIT "C" JOINT OWNED PROPERTY" OF CITY Resolution for Exhibit "C" Addendum to the contract entitled: City of Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement page I of 2 OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terns and conditions. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, /> day of �-z „, .,..._ 2003. APPROVED Y THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this / 2� day of ,, 7 12003. jr Mayor Robert D. Corrie ,`,11111 S I'll hrtrr® �,r�,�r/ of ATTEST: ti: Ga ��GopoT� BEAL CF City Clerk �' � ,�� `�` •`` clof Z:1Work\MWeridian\Meridianl5360M1Fre DeptlFourtfiAddettExhibitClifePresServiceKJntPowrAgmtRES 03 20 03.doc Resolution for Exhibit "C" Addendum to the contract entitled: City of Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement Page 2 of 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State 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 day of /Z , 2003, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, THE ADDENDUM TO THE AGREEMENT ENTITLED "FOURTH ADDENDUM TO EXHIBIT "C" JOINT OWNED PROPERTY" OF CITY OF MERIDIAN/MERIDAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT". BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into the Addendum to the agreement, with the Meridian Rural Fire Protection District, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, denoted as "FOURTH ADDENDUM TO EXHIBIT "C" JOINT OWNED PROPERTY" OF CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT, which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Addendum. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: Resolution for Exhibit "C" Fourth Addendum to the contract entitled: City of Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement Page 1 of 2 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain Addendum to the agreement with the Meridian Rural Fire Protection District, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, entitled "FOURTH ADDENDUM TO EXHIBIT "C" JOINT OWNED PROPERTY' OF CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms,\and ggqa(A, ;pns. SEAL V illiam G. Berg, Jr. & STATE OF IDAHO,)-.�fy��r �s� ��0`��.� Count of Ada : ss. C`O� f� , ��,.��• !� On this J s day of /- &, C, , in the year 2003, before me, AIS, TA „j2 _, a Notary Public in and for the State of Idaho, 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. •o0— ITA 140. (SEAL •` •.••...� pA. ir s NST �r 46 Notary Public for Idaho Residing at: Commission Expires: -oma -o ,� s • '*Ow jD A110 Z:1WorkVYAMeridian\Meridian15360M\Fire DeptlCertdC[erkFourthAddeuToExhibitCLifePresK7ointPowerAgmt 43 20 03.doe Resolution for Exhibit "C" Fourth Addendum to the contract entitled: City of Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement Page 2 of 2 "FOURTH ADDENDUM TO EXHIBIT "C" JOINT OWNED PROPERTY" The following is an addendum to that certain City of Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement, specifically Exhibit "C" therein attached, which is an exhibit as an addition thereto and reflects additional firefighting vehicles jointly owned and purchased subsequent to the entering into the original agreement. Major Equipment: Description % of ownership Date Purchased City/ Rural 2000 Pierce Dash 4302 74/26 4P 1 CT0252YA000923 2002 Pierce Enforce 4301 74/26 4P 1 CT02A92A002733 IT IS SO AGREED. 11— tV ll ~ �9;-7 DATED AND SIGNED this ! day of2003. CITY OF MERIDIAN ,ABy: ATTEST: May w�0�''% B SEAL City Clerk J o BY COUNCIL RESOLUTION NO: d 3 �I ~� G��r ,'`� .0``,,' Purchase Price $295,493.00 $299,393.00 Fourth Addendum to Exhibit "C" to the City of Meridian/Meridian Rural Page 1 of 2 Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement MERIDIAN RURAL FIRE PROTECTION DISTRICT By: ., -Fj � A � � � President ATTEST: Z:1WorkV&Meridian\Meridian15360MIFre DcpAFourthAddendUMToSxhihitC 03 20 03,doc Fourth Addendum to Exhibit "C" to the City of Meridian/Meridian Rural Page 2 of 2 Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement MERIDIAN RURAL FIRE PROTECTION DISTRICT RESOLUTION NO. oQ O0 3 - aZ-- A Resolution of the Board of Commissioners of the Meridian Rural Fire Protection District, setting forth certain findings and purposes; authorizing the Chairman and Secretary to sign and enter into, on behalf of said district, certain addendum to that certain agreement entitled "CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT." WHEREAS, it is in the best interest of the Meridian Rural Fire Protection District to join with the City of Meridian, and enter into that certain addendum entitled "Fourth Addendum to Exhibit 'C' Joint Owned Property," a copy of which is attached hereto, the reasons for which are as respectively set forth in said addendum; NOW, THEREFORE, be it resolved and the Board of Commissioners of the Meridian Rural Fire Protection District hereby resolves as follows: 1. The Chairman and Secretary are hereby authorized to join with the City of Meridian and to enter into that certain addendum entitled "Fourth Addendum to Exhibit `C' Joint Owned Property," a copy of which is attached hereto, with the City of Meridian and to bind the Meridian Rural Fire Protection District to its terms, representations and conditions. PASSED BY THE BOARD OF COMMISSIONERS OF THE MERIDIAN RURAL FIRE PROTECTION DISTRICT this day of AV 62, - L , 2003. MERIDIAN RURAL FIRE PROTECTION DISTRICT RXr MERIDIAN RURAL FIRE PROTECTION DISTRICT Resolution No. Page 1 of 1 CF �- Chairman March 28, 2003 M 103-002 MERIDIAN CITY COUNCIL MEETING April 1, 2003 APPLICANT Capital Development ITEM NO. 3 - REQUEST Findings — Request to allow a temporary sales office on Lot 2 Block 5 of Baldwin Park Subdivision No. 1 — 4196 North Zion Park Way 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: NWIP j r it Materials prese0fed at COMMENTS See attached Findings D-� Date:Q Phone: meetings shall become property of the City of Meridian. MAR 2 1 2003 interoffice City Of Meridian MEMORANDUM City Clerk Office To: William G. Berg, Jr. From: Marlene St. George Subject: Capital Development / Request to allow a temporary sales office on Lot 2 Block 5 of Baldwin Park Subdivision No. Z File: MI -03-002 Date: March 27, 2003 Will: Please find attached the original of the Findings to allow a temporary sales office on Lot 2 Block 5 of Baldwin Park Subdivision No. 1, pursuant to action of the Council at their March 18, 2003 meeting. The Findings will be on an upcoming Council agenda. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. Z:IWorklMlMeridian\Meridian 15360M1Baldwin Park Subdivision No. 1 MI-03-0021Berg MI Demo 03 21 03.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REQUEST FOR APPROVAL TO ALLOW A TEMPORARY SALES OFFICE ON LOT 2 BLOCK 5 OF BALDWIN PARK SUBDIVISION NO. 1, LOCATED AT 4196 N. ZION PARK WAY, MERIDIAN, IDAHO BY: CAPITAL DEVELOPMENT, APPLICANT C/C 03/18/03 CASE NO. MI -03-002 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO ALLOW A TEMPORARY SALES OFFICE The above entitled matter coming on regularly for public hearing before the City Council on March 18, 2003, at 7:00 o'clock p.m. at the Meridian City Hall located at 33 East Idaho, and Brad Hawkins -Clark Interim Planning Director for the Planning and Zoning Department, and Dave Yorgason, appeared and testified, and the City Council having received a report from Brad Hawkins -Clark Interim Planning Director for the Planning and Zoning Department, and the City Council having received testimony as part of the record of this matter, and the applicant having submitted his application for a request for approval to allow a temporary sales office on Lot 2 Block 5 of Baldwin Park Subdivision No. 1, and which application is herein received and FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO ALLOW A TEMPORARY SALES OFFICE ON LOT 2 BLOCK 5 OF BALDWIN PARK SUBDIVISION NO. I BY CAPITAL DEVELOPMENT FOR Na -03-002 I adjudged by the City Council pursuant to Meridian City Code § 8-2-5, and being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows: FINDINGS OF FACT The property is generally located at 4196 N. Zion Park Way, Meridian, Idaho. 2. The applicant of the subject property is Capital Development, Inc. whose address is 6200 N. Meeker Pl., Boise, Idaho 83713. The owner of the subject property is Todd Campbell whose address is 6138 Harbortown Pl., Boise, Idaho 83714. 4. The location of the subject property is presently located in an R-8 zone, and which subject temporary sales office will be located on Lot 2 Block 5 of Baldwin Park Subdivision No. 1. The submitted Plot Plan depicts the area of the temporary sales office. 5. The legal description of the property is on file in the City Clerk's office which is located at 33 East Idaho Street, Meridian, Idaho. 6. The applicant, Capital Development, Inc., has requested approval to convert one bay of any existing, attached, three car garage into a temporary sales office use in Baldwin Park Subdivision No. 1. The office will have two to four staff members on site for seven days a week, 12:00 pm to 6:00 pm. No specific time period was proposed with the application. The bay that would be utilized as the sales office is shown on the Plot Plan with a single man -door and two sets of multi -pane windows. The other two bays are proposed to have a standard, double overhead FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO ALLOW A TEMPORARY SALES OFFICE ON LOT 2 BLOCK 5 OF BALDWIN PARK SUBDIVISION NO. l BY CAPITAL DEVELOPMENT FOR MI -03-002 2 door. The remainder of the dwelling unit floor plan is shown to be a standard single family layout. The lot (Lot 2, Block 5) is zoned R-8 and is located just east of Baldwin Park Subdivision's primary entrance off of N. Linder Road. 7. This miscellaneous application is only for approval to allow a temporary sales office on Lot 2 Block 5 of Baldwin Park Subdivision No. 1. 8. Title 11, Chapter 8 of the Meridian City Code prohibits Professional and Sales Office uses in the R-8 district. Temporary buildings are allowed as conditional uses in the R-8 district. Unless a Planned Development specifically proposes a sales office as part of the application, the MCC does not permit these uses outright. The City has allowed sales office uses that are restricted to the sale of residential lots and/or dwelling units within the subdivision for which the sales are intended. Baldwin Park Subdivision was a straight plat and not a Planned Development. Therefore, it required an Miscellaneous application (MI) to be submitted for the otherwise prohibited or conditional use. 9. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed application for approval to allow a temporary sales office on Lot 2 Block 5 of Baldwin Park Subdivision No. I will not impose expense upon the public if the following conditions of approval are imposed: Adopt the Recommendations of the Planning and Zoning staff as follows: 1- The subdivision is permitted to have no more than one temporary use, which means that only one temporary use can be in use at one time. FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO ALLOW A TEMPORARY SALES OFFICE ON LOT 2 BLOCK 5 OF BALDWIN PARK SUBDIVISION NO. 1 BY CAPITAL DEVELOPMENT FOR MI -03-002 - 3 2. The front yard shall be landscaped and irrigated prior to occupancy. 3. The applicant shall be responsible for providing adequate off street parking for the employees. 4. One wall sign is allowed for the temporary sales office. The sign shall be limited in size to 18% of the wall area. No other signs shall be permitted. 5. Sanitary sewer service and domestic water service shall be hooked -up for the proposed use. An assessment for sewer and water service will be determined during the building permit application process. 6. The time frame for the sales and information use is for a period of 24 months. If the Applicant requires an extension of this permitted period, it is recommended that they submit a status of their plans to the Planning and Zoning Department after 24 months of operation (starting from the date of occupancy). The City Council must approve of any time extension beyond 30 months. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The driveway approach shall have a minimum radius of 28' inside and 48' outside radius. 2. The fire access road shall be 20' wide and have a load bearing capacity of 70,000 lbs. UFC 902.2.1 3. Streets which are greater than 150' in length and are not provided with an outlet are required to be provided with an approved turn -around. 4. Post an address on the building in 6" numbers which contrast to the background color and are on the street side of the building. S. Provide fire extinguishers per the Uniform Fire Code. CONCLUSIONS OF LAW Approval of this request to allow a temporary sales office on Lot 2 Block 5 of Baldwin Park Subdivision No. 1, is based upon the information provided by the applicant on the temporary sales office, and which the temporary sales office is to be located on Lot 2 Block 5 of Baldwin Park Subdivision No. 1 at 4196 North Zion Park Way, Meridian, Idaho. The applicant is required to comply with the conditions as stated in Findings of Fact No. 9. FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO ALLOW A TEMPORARY SALES OFFICE ON LOT 2 BLOCK 5 OF BALDWIN PARK SUBDIVISION NO. ] BY CAPITAL DEVELOPMENT FOR MI -03-002 - 4 DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. That the applicant is granted approval to allow a temporary sales office to be located on Lot 2 Block 5 of Baldwin Park Subdivision No. 1 at 4196 North Zion Park Way, Meridian, Tdaho; and that the applicant shall be required to comply with all the above conditions and requirements of staff and/or governmental entities. By action of the City Council at its regular meeting held on the day of Z , 2003. ROLL CALL COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS COUNCILMAN NARY VOTED VOTED��- VOTED__O�-,� VOTED MAYOR ROBERT D. CO VOTED (TIE BREAKER) Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. tit'",trrrurrrrr, _ �OR 0 ' r� Dated: City Clerk FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO ALLOW A TEMPORARY SALES OFFICE ON LOT 2 BLOCK 5 OF BALDWIN PARK SUBDIVISION NO. 1 BY CAPITAL DEVELOPMENT FOR M-03-002 _ 5 March 28, 2003 MERIDIAN CITY COUNCIL MEETING April 1, 2003 APPLICANT ITEM NO. REQUEST Water Main Easement Agreement with Gary and Rosalie Wingett for Cascade Fence Company 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: OTH ER: COMMENTS See affached Agreemenf Alle vul� Contacted: Date: Phone: Materials presented at public meetings shall become property of fhe City of Meridian. RECEIVED ,Oily of Meridian Cit; CIerk f I p, To: Will Berg, Jr. From: Gary D. Smith, PE CC: file Date: March 12, 2003 Re: Water Main Easement Attached is a wafter main easement for Cascade Fence Company, located along the west side of Linder Road, north of Franklin Road. Please place this easement on the next available City Council Consent Agenda for approval. Thank you, Gary D. mith, PE From the desk of... Gay D. S(Tit, PE Pubic Woft Dkc� McRdM RUC WaIS DL� 660E Wa avver Lcne, Ve 20C Meklctj baho83642 (2DB) 89s,S50c FCDC fMB) 887-12P Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this 7`' day of March, 2003 between Gary D. Wingett and Rosalie B. Wingett, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water I ine and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement Page 1 MERIDIAN EASMT WTR.doc effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: 1Z/ GaryD. Wingett Rosalie B. Wingett STATE OF IDAHO ) ) ss County of Ada ) On this %` day of�� 2Qf}3 b and for said Statein , personally appeared Gary D. �Wingett and Rosalie efore me, the B undersigned, W ngett knowln or identified to me to be the persons whose names are subscribed to the within instrument, and they acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. .•�' lA Do '•• �,•'OTA��'* * 4 l NOTARY PUBLIC FOR IDAHO :. ""•'� ? Residing at �p B LAG t1 ; (IQ � � Commission% Ar Expires: 61?A�`8t: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Water Main Easement MERIDIAN_EASMT WTR,doc Page 2 r DESCRIPTION FOR CASCADE FENCE COMPANY WATER MAIN EASEMENT A water line easement being a portion of parcel 1 A on Record of Survey No. 3 73 8, Records of Ada County, lying in the SE % of Section 11, T.3N_, R_ 1. W., BM, Ada County, Idaho and being more particularly described as follows: Commencing at the Southeast corner of said Section 11; Thence NOO°58'55"W, 392.80 feet, along the Easterly boundary line of said Section 11, to a point; thence leaving said Easterly boundary line S89001'05"W, 35.00 feet, to a point; thence N00°58'55"W, 21.30 feet to the REAL POINT OF BEGINNING of said water line easement; Thence S90°00'00"W, 27894 feet to a point; Thence SOO°00'00"W, 26.32 feet to a point; Thence S89°01'05"W, 19.72 feet to a point; Thence N00°00'00"E, 46.59 feet to a point; Thence N90°00'00"E, 155.87 feet to a point Thence N00°00'00"E, 10.00 feet to a point; Thence N90°00'00"E, 15.00 feet to a point; Thence SOO°00'00"W, 10.00 feet to a point; Thence M90°00' 00"E, 84.67 feet to a point; Thence NOO°00'00"E, 15.00 feet to a point; Thence N90°00'00"E, 15.00 feet to a point; Thence SOO°00'00"W, 15.00 feet to a point; Thence N90°00'00"E, 27.78 feet to a point; Thence S00°58'55"E, 20.00 feet to the point of beginning, comprising 6,857 square feet more or less. TE CL 5710 a 3 -7 -d� OF NO SAS G. B� RIGHT ---OF- -,AY DEDICATION & WATER MAIN CASCADE FENCE COMPANY EXHIBIT B EAEMENT FOR so 0 100 SCALE: 1'=100' / POR R/W PRESCRIPTIVE R/W UNE —\ / DEDICATION 12 13 UNDER ROAD_ _ / _ BASIS OF BEARING-�� 1 i 14 500'58'55'E 392.80' z ♦ N_00_'SB'55:W-�782. 0' '• C 9T1za20 ' zs.zo x n � T10.00'I« I z g $ I I 4 Fr PROPOSED R/W UNE L 7 i, i RPO f r E I I II s s' al"s I I EW �I I 20.00' I I. a I vhii I I Iri ( l h QI LNOOV6'OO�E JN PI WATER MAIN EASEMENT sass' ,o 1 1 I 1 I j PARCEL IA, RECORD OF SURVEY NO. 3788 I 1 �I I � , I 1 I S00'56'55"E_ I L2_5D'_ _ 8 WATER MAIN EASEMENT LEGEND ------- Boundary Line — - — - — Section Line o Found 5/8" Iron Pin Found 1 /2" Iron Pin o Calculated Point Dedicated R/W NOTE Water fine location per engineers design. L LAN,6 I5T A ` 71 d�,3-7-ta3 ra �4S �e SE 1/4 SECTION 1, T. 3 N., R. 1 W., B.M. ADA COUNTY, IDAHO BERGEY SURVEYIN PL ors - Surveyors • Planners SCALE: 1 " = 100' DR. JRP CK. DGB SHEET 1 OF 1 4232 Adams Street Boise, ID P S 208-672-8407 DATE: MARCH 8, 2003 ACAD DWG. FILE_ 82993-01 H2O March 28, 2003 MERIDIAN CITY COUNCIL MEETING April 1, 2003 APPLICANT ITEM NO. /3- a REQUEST St. Luke's Regional Medical Center Easement Agreement 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 See a#ached Agreement Date: Phone: Materials presented of public meetings shall become property of the City of Meridian. S.. To: Brad Watson From: Lenard Grady , CC: Gary Smith Date: 3127/2003 Re: Proposed Agenda Items for April 1, 2003 City Council Meeting h Cit3r Of Meridian City Clem Office The Public Works Department respectfully requests the following items be placed on the April 1 City Council agenda, under consent agenda: St Luke's _Regional Medical Center Easement Attached is the St Luke's water main easement, which is required for the 16 -inch water main crossing 1-84. Recommended Council Action: The Public Works Department recommends that City Council approves the easement with St Luke's Regional Medical Center and the City of Meridian 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. From the desk of... Lenard Grady StaffEngineer Meridian Public Works Department 660 E. Watertowe , Suite 2000 Meridian, Idaho 83642 e Page 1 (208) 898-5500 Fax (208) 887-1297 gradyl r�i ci.meridian.id.us WATER MAIN EASEMENT THIS INDENTURE, made this day of , 20 between St. Luke's Regional Medical Center, Ltd., a Non Profit Corporation, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and. other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation, maintenance, repair, replacement of a water train over and across the following described property: (SEE ATTACHED LEGAL DESCRIPTION and EXHIBIT A) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. In consideration of allowing Grantee to perform work on and/or operate within the said described parcel, Grantee expressly agrees to indemnify, save and hold harmless Grantor, it's successors and assigns, against any and all claims, suits, demands, actions, debts, injuries to persons, and damages to property, damages, costs, charges, and expenses, including all court cost and attorneys fee, and against any and all liability, losses and damages of any nature whatsoever, the "Damages" that Grantor shall or may at any time sustain or be put to by reason or as a result of Grantee performing, working on and/or operating within the here in above described parcel; provided that the damages are not caused by the negligence or other breach of legal duty by Grantor. Water Main Easement Page ! st lukes EASMT. WTR.doc TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Water Main Easement Page 2 st lukes EASMT. WTR.doe GRANTOR: St: Luke's Regio al Medical nter, Ltd. Gary Fletcher, C.O.O. Attest (Printed), Title (Printed) STATE OF IDAHO ) ) ss County of Ada ) Attest: (Signed) On this 2- - day of 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared Gan -,A. 51 hP-' and , known or identif(O to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. •'� CAMPB�'••, �oTAjt �� •��% NOTARY PUBLIC FOR IDAHO Residing at_&Q t Z pUBj.'kt' ��`�.�' Commission Expires: L� Q Its> GRANTEE:�ONT? OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Water Main Easement Page 3 st lukes EASMT. WTR.doe LEGAL DESCRIPTION FOR PERMANENT WATER LINE EASEMENT ST. LUKES REGIONAL MEDICAL CENTER PARCEL This permanent waterline easement is situated within the NW '/4 of Section 16, Township 3 North, Range I East, Boise Meridian, Ada County, State of Idaho. Being a strip of land 20 feet in width being 10 feet on either side of of the following described centerline; Commencing at the NW corner of said Section 16, thence along the westerly line of said Section 16, S00°30'52"E, a distance of 2652.94 feet to the W 114 corner of said Section 16; Thence along the Center Section line 589°23'35"E, a distance of 2041.58 feet; Thence leaving said Center Section line NOO°00'00"E, a distance of 10.00 feet to the Real Point of Beginning; Thence along the centerline of the said permant water line easement N85°44'30" W, a distance of 723.14 feet to a point; Thence N85°45' 10"W, a distance of 58.54 feet to a point; Thence NOO°06'44"E, a distance of 147.31 feet to a point; Thence N89'53'1 6"W, a distance of 30.00 feet to a point of termination of the permanent water line easement. The easement described contains 0.44 acres more or less. Basis of Bearing is S00030'52"E for the Westerly line of the NW 114 of said Section 16 as shown on Record of Survey 5306, Ada County Record. See Exhibit "A" G� =9 J W U [r CL wW W WF- <w0 w C) -r �QWo wwccoz (o0 zzUQ zC3�< .2CE W W C U) r� VJ Cl -1 3 bb 90.00N ` h b m w 1 1 o a N] O ;n o i,n 1 z f f m � EAGLE RD. 11 U_ 1p a1 1� O �1 1z �1 Z� I f O 1 1 wLLJ f f 1 _ ! I w �LLJ ! 1 aL 1 !# z N L f f0 O O 1 1S _Z C -=)j L'i I 1� 1 f w L 1 1 LLJ Q 1 ! 1: LL O I `rl Cl -1 3 bb 90.00N Y ` h b m 1 r o a N] O ;n o i,n 1 z f f m � EAGLE RD. S00"30'52'E 2652.94'. 1 Y ` h b m 1 r ml m Ui 0 N 5 6Mp•o-}!�V�o--�1�11S�5�tt�1'45�T[o6a1�Pa�u6!s�O�ZBOTOI�S�M�'M March 28, 2003 MERIDIAN CITY COUNCIL MEETING April 1, 2003 APPLICANT ITEM NO. 3-H REQUEST Beer, Wine and Liquor License Renewals — Corona Village, Inc., Meridian Speedway, A New Vintage Wine Shop, Big Smoke, LLC 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: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached License Renewals mle vj---" March 28, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT April 1, 2003 ITEM NO. �- I REQUEST Approve Bills 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: COMMENTS Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Mericii= City Clerk Office WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & RoSSMAN, P.A. .KEVIN E. DTNIus PHILIP A. PETERSON JULIE KLEIN FISCHLR ERICA S. PfIlLIPS Wm. F.0GRAY, In ERIC S. ROSSNIAN T. Guy HALLAM* TODD A. RDSSMAN D. SAMUEL JOHNSON DAVID M. SWAR7LEY WILLIAM A. MORROW PAMELA J.TARLOW WILLIAM F. NiwoLs* TERRENCE R. WHrrE** CHRISTOPHFR S.NYL NICHOLAS L. WOLLEN *Also admitled in OR ** Also admitted in %VA William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83 642 ATTORNEYS AT LAW April 4, 2003 NAMPA OFFICE 5700 E. FRANIKLIN RD., SUFM 200 NAMPA,.IDAHO 83687-8402 TEL. (208) 466-9272 FAX (208) 466-4405 Re: WINSTON MOORE / MARLIN SUBDIVISION NO.2 / FINAL PLAT — (FP -03.014) Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself Please serve a copy of the ORDER upon. the Applicant, With a Certificate of Service in the file and a copy to Planning and Zoning and. Public Works, and the attorney's office. If you have any questions, please give me a call. Z:1WorklM\Meridian\Meridian15360M\Marfin Sub No. 2 FP-03-0141CIerkFP1tr 04 02 03.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF WINSTON MOORE FOR APPROVAL OF FINAL PLAT FOR MARLIN SUBDIVISION NO. 2, LOCATED NORTH OF I-84 AND EAST OF LINDER ROAD, MERIDIAN, IDAHO CIC 04/01/03 CASE NO. FP -03-014 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on April 1, 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 David McKinnon 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, Brad Watson of the Public Works Department, and Jonathan Seel, 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 "MARLIN SUBDIVISION NO. 2" as evidenced in Plat bearing: "PLAT SHOWING MARLIN SUBDIVISION NO. 2, LOCATED IN THE NW1/4 OF THE SWI/4 OF SECTION 13, T. -)N., R. IW., B.M., ADA COUNTY, IDAHO 2003, 03-006, SHEET ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MARLIN SUBDIVISION NO. 2 / (FP -03-014) - 1 I OF 2, HANDWRITTEN DATE: 3-3-03 PINS NOT SET THIS DATE, IDAHO SURVEY GROUP," W.H. MOORE COMPANY - WINSTON MOORE, 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 111, and David McKinnon Planner II for.the Planning and Zoning Department, dated April 1, 2003 and stamped: RECEIVED MAR 28 2003 CITY OF MERIDAN CITY CLERK OFFICE, listing 8 General Requirements and 13 Site Specific Requirements, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of three pages, and by this reference incorporated herein., and the additional requirements from the action of the Council taken at their April 1, 2003 meeting as follows, to -wit: 1.1 That Site Specific Requirements number 1 and 2 of the Staff comments listed in their April 1, 2003 requirements, shall be amended and shall now read as follows: 1. Applicant is to meet all terms of the approved preliminary plat (PP -02-008) and conditional use permit (CUP -02-010). 2. The pressurized irrigation system within this development will be owned, operated, and maintained by Nampa -Meridian Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 1.2 Comply with the Nampa & Meridian Irrigation District as follows: 1. The District's Kennedy Lateral courses along the east boundary of the project. The plat shows lot 36 block 5 and lot 40 of block 1 as a part of the subdivision instead of the easement for ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MARLIN SUBDIVISION NO. 2 / (FP -03-01.4) - 2 the Kennedy Lateral and this is no acceptable. The plat must indicate the easement of the Kennedy Lateral before the project will be acceptable to the District. 1.3 Comply with the Meridian Fire Department's requirements as follows: 1. One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III -A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which are submitted to the City Engineer. 5. All radii shall be 28' inside and 48' outside radius for all internal roads and entrances. 6. The roadways in Marlin Subdivision shall be built to Ada County Highway District Standards with a minimum street width of 29' with restricted parking on one side or with a minimum street width of 36' with parking on both sides. UFC 902.2.1 7. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 8. The Meridian Fire Department would support the strict application of the International Building Code for side yard setbacks with no variances. This would limit the potential fire spread from building to building in those blocks. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MARLIN SUBDIVISION NO.2 / (FP -03-014) - 3 9. A minimum, of two points of access will be required for any portion of the project, which serves more than 50 homes. UFC 902.2.1 1.4 Comply with the Central District Health Department's requirements as follows: The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off isnot to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog Of stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 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: 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MARLIN SUBDIVISION NO. 2 / (FP -03-014) - 4 guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regular meeting held on the S day of 2003. PBy:4 V�p , O ERT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works l?qp nn t, and Cit Attorney. ,.�`OF` - �''` v,ORA By: Dated: �`gf �� SEAL City Clerk ZAWorklMlMe.idian\Meridian153G0MNMarfin Sub No. 2 FP-03-0141OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MARLIN SUBDIVISION NO. 2 l (FP -03-014) -r g MEMORANDUM; - _- April 1, 2003 To: Mayor and City Council nE CT 1VT- D From: Bruce Freckleton, Engineering En ineeerin Tech III IMAR 2 8 2003 David McKinnon, Planner II NA City Of Meridian ;ity Clem Office_ Re: Request for a Final Plat Approval of Marlin Subdivision No. 2 -- Seventy (70) Building Lots and Three (3) Other Lots on 23.25 Acres in an R-4 Zone (Approved as a Planned Development) by the W. H. Moore Company (File No. FP 03-014) 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 second and final phase of Marlin Subdivision, located on the east side of Linder Road, adjacent to and directly north of I-84. The landscaping adjacent to I-84 and the required open space has already been installed as part of phase one of this project. The gross density of phase no. 2 is 4.6 dwelling units/acre. The subdivision was approved as a Planned Development and was approved with the reduced lot and minimum house sizes as indicated on the submitted final plat. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved preliminary plat (PP -02-008), conditional use luk � permit CUP -02-010 au mex --92-00 + w', ! l he.. owns.rL; a rora4,ec3(-1 ec ncL ma aha : n � 2 The pressurized irrigation system within this developmente-rem-arteenie-Owner. �(�.{- C'�rc-�� .-A.ssesiat.i❑� �VctPrr,_ C si€iens-sl�ll-b ,.,��J{ �'d�. 1 Vt�-� 1 Cxefl`f real The City of Meridian 1-DJ153-C%. requires that pressurized irrigation systems he 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 he required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. .� HUB OF TRF -4 SURE PALLEY IMAY OR A Good Place to Live LEGAL. DEPARTMENT Robert D. Corrie CITY OF MERIDIAN (203) 466-9272 - Fax 466-4105 CITY COUNCIL MEMBERS PUBLIC WORKS William L.IM. Nary 33 EAST IDAHO BUILDING DEPART3MENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tarmny deWeerd (208) 8884433 • FAN (208) 887-3813 PL:IN INt f -G:LND ZONING Cherie McCandlessCity Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 8845333 . F.4.X 888-6854 MEMORANDUM; - _- April 1, 2003 To: Mayor and City Council nE CT 1VT- D From: Bruce Freckleton, Engineering En ineeerin Tech III IMAR 2 8 2003 David McKinnon, Planner II NA City Of Meridian ;ity Clem Office_ Re: Request for a Final Plat Approval of Marlin Subdivision No. 2 -- Seventy (70) Building Lots and Three (3) Other Lots on 23.25 Acres in an R-4 Zone (Approved as a Planned Development) by the W. H. Moore Company (File No. FP 03-014) 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 second and final phase of Marlin Subdivision, located on the east side of Linder Road, adjacent to and directly north of I-84. The landscaping adjacent to I-84 and the required open space has already been installed as part of phase one of this project. The gross density of phase no. 2 is 4.6 dwelling units/acre. The subdivision was approved as a Planned Development and was approved with the reduced lot and minimum house sizes as indicated on the submitted final plat. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved preliminary plat (PP -02-008), conditional use luk � permit CUP -02-010 au mex --92-00 + w', ! l he.. owns.rL; a rora4,ec3(-1 ec ncL ma aha : n � 2 The pressurized irrigation system within this developmente-rem-arteenie-Owner. �(�.{- C'�rc-�� .-A.ssesiat.i❑� �VctPrr,_ C si€iens-sl�ll-b ,.,��J{ �'d�. 1 Vt�-� 1 Cxefl`f real The City of Meridian 1-DJ153-C%. requires that pressurized irrigation systems he 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 he required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. Mayor and Council [y April 1, 2003 Page 2 Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including playground equipment and 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. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains installed adjacent to the proposed subdivision. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department 5. Design engineer to provide a statement of compliance, prior to the approval of development plans, which certifies that the centerline finish grade of the streets, public or private, is at least three feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least one foot above the high groundwater. 6. Please add or revise the following plat notes: (2.) right-of-way line or subdivision boundar X line have a (10) foot... (10.) Add a note to the plat regarding a four (4) foot solid fence maximum adjacent to the micro -path lot (Lot 20, Block 1). 7. The applicant shall prepare a landscape plan for Lot 20, Block 1, in compliance with MCC 12- 13-15 (Micropath Landscaping), for approval by staff prior, to the City's signature on the final plat. S. Complete the Certificate of Owners and accompanying Acknowledgment. 9. Revise to situate statement to include "City of Meridian". 10. Correct the street names to comply with the letter from the Ada County Street Name Committee. 11. Graphically depict five -foot -wide easements for public utilities, drainage, and irrigation along the western boundary of Lot 18, Block 1, Lots 19 and 25, Block 3, Lots 26 and 36, Block 5, Lot 23, Block 4, and the southern boundary of Lot 18, Block 3, As these lot lines will be side lot lines against future phases of this development. 12. Staff s 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. 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 L'h�`f ../t c2 -0-P, 3 Mayor and Council April 1, 2003 Page 3 plat per Resolution 02-3 74. GENERAL REQUIREMENTS All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Two -hundred -fifty and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5. Sewer and water mains shall be extended to and through the proposed development. b. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 7. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 8. Provide sidewalks in accordance with the MCC (12-5-2.K). Sidewalks are to provide a clear five -foot -wide walkway pathway without encroachment of mailbox structures. -e"I r< V c ! s b1 WHITE PETERSON �= 3 Rtily of Mer -than C y Clerk Off e-6 WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DINIUS PHILIP A. PETERSON JULIE KLEIN FISCHER EIucA S. PHILLIPS WM. F. GIGRAY, [u ERIC S. ROSSMAN T. GUY HALLAW TODD A. ROSSMAN D. SAMUEL JQ ENSON TERRENCER.Wllrrr** WILLIAM A. MORROW NICHOLAS L WOLLEN WILLLAM F. NICHOLS* CHRISTOPHER S.NYE *Also admitted in OR ** Also admitted in WA William (3. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 ATTORNEYS AT LAW April 4, 2003 NAMPA OFFICE 5700 E. FRANKLIN RD., SurrE 200 NAMPA, IDAHO 83687-8402 TEL, (208) 466-9272 FAX (208)466.4405 Re: HAVASU CREEK, LLC / HAVASU CREEK SUBDIVISION NO.2 / FINAL PLAT — (FP -03-01.5) Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a call. Veryy Your Win icliols Z:IWGrk1MlMeridianlMeridianI5360WHavasu Creek Sub Na. 2 FP-03-0l510EerkFP1tr 04 02 03.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF HAVASU CREEK, LLC FOR APPROVAL OF FINAL PLAT FOR HAVASU CREEK SUBDIVISION NO. 25 LOCATED WEST OF LOCUST GROVE ROAD AND SOUTH OF McMILLAN ROAD, MERIDIAN, IDAHO CIC 04/01/03 CASE NO. FP -03-015 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on April 1, 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 David McKinnon 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 Justin Martin, 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: The Final Plat of "HAVASU CREEK SUBDIVISION NO. 2" as evidenced in Plat bearing: "PLAT OF HAVASU CREEK SUBDIVISION NO. 2, A RESUBDIVISION OF PORTIONS OF LOTS 8 & 9, CRESTWOOD SUDIVISION NO. 1 AND A PORTION OF THE ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HAVASU CREEK SUBDIVISION NO. 2 / (FP -03-015) - 1 NE V4 OF SECTION 31, TAN., R.IE., B.M., MERIDIAN, ADA COUNTY, 2003, #30113 130113-PLT—DWG BKB 02111103, SHEET 1 OF 2, HANDWRITTEN DATE: 314103, HAVASU CREEK, LLC — DEVELOPER, BRIGGS ENGINEERING, INC. — CONSULTING ENGINEERS," Havasu Creek, LLC, 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 111, and David McKinnon Planner II for the Planning and Zoning Department, dated April 1, 2003, listing 9 General Requirements and 12 Site Specific Requirements, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of three pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their April 1, 2003 meeting as follows, to - wit: 1.1 That Site Specific Requirements number I and number 6 (the first bullet item) of the Staff comments listed in their April 1, 2003 requirements, shall be amended and shall now read as follows: Applicant shall meet all terms of the approved Preliminary Plat (PP -02-019) and the Conditional Use Permit (CUP -02- 028). 6. Please delete note number two (2) on the face of the Plat. It is contradicted by note number thirteen (13). 1.2 Comply with the Meridian Fire Department's requirements as follows: 1. The project which comprised of one and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed, an average of 400' apart. 1997 UFC Appendix 111-A ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HAVASU CREEK SUBDIVISION NO.2 / (FP -03-015) - 2 r' r 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 5. All roads and fire lanes shall have a turning radius of 28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code, 1.3 Comply with the Central District Health Department's requirements as follows: The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environ nental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HAVASU CREEK SUBDIVISION NO. 2 / (FP -03-015) - 3 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 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 �� day of 2003. IN T D. COMUE City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. XjX;i101111F1trlf aFROM Mrc =219 M.01 O.Ap I Dated: ,/, g, 03 Z:%Work\M\MeridianlMeridian 15360WHavasu Creek Sub No. 2 FP-03-01510rderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HAVASU CREEK SUBDIVISION NO.2 / (FP -03-015) - 4 HUB OF TRE4SURE L`A.L.LEF MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D.Corrie�� (208)466-9273 •Fax 466-1405 CITY COUNCIL MEMBERS NAq PUBLIC WORKS William L,1 -f. pian' 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 {308} $87-221 I - Fax 387-1297 Tammy deWeerd (208) 888-4433 • FAX (208) 9974813 PL:I? NTNG :L\D ZONIIG Cigt Clark office Fax (208) 8X8-4218 DEPARTMENT Cherie McCandless (208) 984-5533 • FAX 388-6854 MEMORANDUM: April 1, 2003 VE To: Mayor &City Council _nu'CE1 _L' U From: Bruce Freckleton, Engineering Tech III BAR 2 7 David McKinnon, Planner H City Of Meridian City Clerk Office Re: HAVASU CREEK SUBDIVISION NO.2 • Request :for a Final Plat Approval of Havasu Creek Subdivision No. 2, Consisting of Thirty -One (3 1) Building Lots and Two (2) Other Lots on 8.63 Acres in an R4 Zone by Havasu Creek, LLC (File No. FP 03-015). 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 second phase of the Havasu Creek Subdivision, located on the west side of N. Locust Grove Road, approximately'/4 mile south of McMillan Road. This phase of the subdivision includes 31 single family building lots and 2 "other" (landscaping and drainage) lots. The gross density of Phase 2 is approximately 3.59 dwelling units/acre, The subdivision was approved as a Planned Development allowing for reduced minimum house sizes (1,201+) and reduced building setbacks in the R-4 zone_ The lots within the subdivision meet all of the minimum lot requirements of the Planned Development and the approved preliminary plat. The subdivision has detached sidewalks with a 5' wide parkway throughout. SITE SPECIFIC REOUIREM ENTS plicant shall meet all terms of the approved Preliminary Plat (PP -02-019), Conditional Use ermit {CUP -02-02 2. The applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by Settlers Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. FP -03-015 Havasu Creek Sub INo.2 FP Mayor and Council April 1, 2003 Page 2 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including fencing, micro -paths, irrigation, and 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. Fencing within 20 feet of all public right of ways shall be no taller than 3 feet in height if solid fencing material is used. 5. The Landscape Plan, dated 2-04-03, prepared by Harvest Design, is approved as submitted. 6. Modify or add the following plat notes in the manner noted below: ee P[Ka� -or- Please .delete note number two (2) on the face of the Plat. It is contradicted by note eta-*- O�'�_'r numberA.. kii - Add a note to the face of the plat restricting fencing adjacent to the pathways on Lot 6 Block 11 and Lot 16 Block 8 to being no more than 4' in height if solid fencing material is used, per MCC 12-13-15-09. 7. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. S. 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. 9. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100 -year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. 10. The developer shall be responsible for the containment of construction debris within the subdivision. 11. Graphically depict five -foot -wide easements for public utilities, drainage, and irrigation along the eastern boundary of Lot 6, Block 6, and the western boundary of Lot 1, Block 12. As these lot lines will be side lot lines against future phases of this development. 12. Staff's 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. FP -03-0I5 _,y % /r /� r! �.P,3 Havasu Creek Sub No. 2 _XJ I' F Mayor and Council April 1, 2003 Page 3 GENERAL RE UIREMENTS All irrigation ditches, laterals or canals, exclusive of natural waterways, (excluding the users ditch located north of the proposed subdivision, located within Crestwood Estates), intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. One -Hundred watt (100w), high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivides expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5. 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 finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 8. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Department. 9. Provide sidewalks in accordance with MCC12-13-18-10-8. Sidewalks are to provide a clear walkway without encroachment of mailbox structures. r � � FP-03-015Qv� �� Havasu Creek Sub No. 2 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROssMAN, P.A. KEVIN E, DINrus PHILIP A. PETERSON JULIE KLEIN FISCHER ERICA S. PHILLIPS WM. F. GIORAY, fit ERIC S. ROSSMAN T. GUY HALLAW TODD A. ROSSMAN D. SAAIuELJOHNSON DAVID M. SIVARTLEY WILLIAM A. MORROW PAMELA J. TARLOW WILLIAM F. NICHOdS* TERRENCER. WHITE** CHRISTOPHERS. NYE NICHOLAS L. WOLLEN *Also admitted in OR ** Also admitted in WA William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 ATTORNEYS AT LAW April 2, 2003 NAMPA OFFICE 5700 E. FRANKLIN RD., SurrL 200 NAMPA, IDAHO 83687-8402 TEL (208) 466-9272 FAX (208) 466-4405 Re: HAVASU CREEK, LLC 1 HAVASU CREEK SUBDIVISION NO.31 FINAL PLAT — (FP -03-016) Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of ,Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a call. Very truly yours, Wm. F. Nichols ZAWork1M\Meridian\Meridian 15360M11-lavasu Creek Sub No. 3 FP-03-0161C1erkFP1tr 04 02 03.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF HAVASU CREEK, LLC FOR APPROVAL OF FINAL PLAT FOR HAVASU CREEK SUBDIVISION NO. 3, LOCATED WEST OF LOCUST GROVE ROAD AND SOUTH OF McMILLAN ROAD, MERIDIAN, IDAHO CIC 04/01/03 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 § 12-3-7 on April 1, 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 David McKinnon 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 Justin Martin, 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 "HAVASU CREEK SUBDIVISION NO. 3" as evidenced in Plat bearing: "PLAT OF HAVASU CREEK SUBDIVISION NO. 3, A PORTION OF THE NE %a OF SECTION 31, TAN., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO 2003, 30203 - ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HAVASU CREEK SUBDIVISION NO. 3 / (FP -03-016) - 1 PLT.DWG MEW 03/03/03, SHEET I OF 2, HANDWRITTEN DATE: 3/4/3, HAVASU CREEK, LLC — DEVELOPER, BRIGGS ENGINEERING, INC. — CONSULTING ENGINEERS," Havasu Creek, LLC, 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 Freckieton, Engineering Technician III, and David McKinnon Planner H for the Planning and Zoning Department, dated April 1, 2003, listing 9 General Requirements and 12 Site Specific Requirements, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of three pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their April 1, 2003 meeting as follows, to - wit: 1.1 Comply with the Meridian Fire Department's requirements as follows: The project which is comprised of one and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III -A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 5. All roads and fire lanes shall have a turning radius of 28' inside and 48' outside. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HAVASU CREEK SUBDIVISION NO. 3 / (FP -03-016) - 2 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 1.2 Comply with the Central District Health Department's requirements as follows: The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 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 ORDER OF CONDITIONAL. APPROVAL OF FINAL PLAT FOR HAVASU CREEK SUBDIVISION NO. 3 / (FP -03-016) - 3 guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regular meeting held on the ! � day of 2003. tT D. CORRIE , City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney.S 9 99 BY' Dated: City Clerk -- f -03 ZAWork\M\Meridiau\Meridian 15360M\Havasu Creek Sub No. 3 FP-03-016\0rderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HAVASU CREEK SUBDIVISION NO. 3 / (FP -03-015) -4 HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie CITY OF MERIDIAN (208) 466-9272 • Fax 466-4405 CITY COUNCIL MEMBERS PUBLIC WORKS William L.M. Nary 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 •Fax 887-1297 Tammy de-Weerd (208) 888-4433 • FAX (208) 887-4813 PLANNING AND ZONCNG Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • FAX 888-6854 MEMORANDUM: April 1, 2003 To: Mayor & City Council From: Bruce Freckleton Engineering Tech III g David McKinnon, Planner II bA Re: HAVASU CREEK SUBDIVISION NO. 3 • Request for a Final Plat Approval of Havasu Creek Subdivision No. 3, Consisting of Thirty -One (3 1) Building Lots and Three (3) Other Lots on 8.72 Acres in an R-4 Zone by Havasu Creek, LLC (File No. FP 03-016). 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 Havasu Creek Subdivision, located on the west side of N. Locust Grove Road, approximately %4 mile south of McMillan Road. This phase of the subdivision includes 31 single family building lots and 2 "other" (landscaping and drainage) lots. The gross density of Phase 3 is approximately 3.59 dwelling units/acre. The subdivision was approved as a Planned Development allowing for reduced minimum house sizes (1,201 +) and reduced building setbacks in the R-4 zone. The lots within the subdivision meet all of the minimum lot requirements of the Planned Development and the approved preliminary plat. The subdivision has detached sidewalks with a 5' wide parkway throughout. SITE SPECIFIC REQUIREMENTS 1. Applicant shall meet all terms of the approved Preliminary Plat (PP -02-019), Conditional Use Permit (CUP -02-028 and the recorded Development Agreement. 2. The applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by Settlers Irrigation District. The City of Meridian requires that pressurized irrigation. systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. EXHIBIT "A" 1 of 3 Mayor and Council April 1, 2003 Page 2 Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including fencing, m icro-paths, irrigation, and 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. Fencing within 20 feet of all public right of ways shall be no taller than 3 feet in height if solid fencing material is used. 5. The Landscape Plan, dated 3-03-03, prepared by Harvest Design, is approved as submitted. 6. Modify or add the following plat notes in the manner noted below: • Please delete note number five (5) on the face of the Plat. It is contradicted by note number fourteen (14). • Add a note to the face of the plat restricting fencing adjacent to the pathways on Lot 15, Block 11, and Lots 6 and 14, to being no more than 4' in height if solid fencing material is used, per MCC 12-13-15-09. 7. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 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. 9. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100 -year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. 10. The developer shall be responsible for the containment of construction debris within the subdivision. 11. Graphically depict five -foot -wide easements for public utilities, drainage, and irrigation along the eastern boundary of Lot 2, Block 12, and Lot 22, Block 11, the southern boundary of Lot 1, Block 13, and the western boundary of Lot 21, Block 12. As these lot lines will be side lot lines against future phases of this development. 12. Staff's 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. EXHIBIT "A" 2 OF 3 Mayor and Council April 1, 2003 Page 3 GENERAL REOUICREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, (excluding the users ditch located north of the proposed subdivision, located within Crestwood Estates), intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. One -Hundred watt (100w), 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 permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5. 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 finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 8. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Department. 9. Provide sidewalks in accordance with M CC12-13-15-10-8. Sidewalks are to provide a clear walkway without encroachment of mailbox structures. EXHIBIT "A" 3 OF 3 .Interoffice Memorandum To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Fallon Greens Subdivision —Time Extension (TE -03-001) Date: April 2, 2003 Lel Please find enclosed the original of the Order Granting A One (1) Year Time Extension and for Commencement of Construction for the above matter. This Order is pursuant to the timely request of the applicant, Clint Boyle - Pinnacle Engineers, Inc., and pursuant to the City Council's action at its April 2, 2003, meeting. Therefore, please present this Order to Mayor Carrie 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. ZAWork\M\Meridian\Meridian 15360M\Fallon Greens Sub TE-03-00IUk TE Memo 04 02 03.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) FOR EXTENSION ON COMMENCING ) CONSTRUCTION AND RECORDING THE ) FINAL PLAT FOR FALLON GREENS ) SUBDIVISION, LOCATED AT THE SOUTH- ) WEST CORNER OF SOUTH ALLEN STREET) AND GENTRY WAY ROAD, MERIDIAN, ) IDAHO ) BY: PINNACLE ENGINEERS, INC. ) APPLICANT ) C/C 04-01-03 CASE NO. TE -03-001 ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR COMMENCING CONSTRUCTION AND RECORDING THE FINAL PLAT This matter coming on regularly before the City Council on the I" day of April, 2003, upon the Applicant's time application for a one (1) year extension within which to commence construction and to submit the Final Plat, which was originally approved on April 16, 2002, as provided in § 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 April 1, 2004, of this Order within which to commence construction and to submit the Final Development Plan Plat for the above entitled subdivision application. Additionally, the applicant Order Granting A One (1) Year Time Extension For Commencing Construction and for Filing The Final Plat (TE -03-001) shall be required to comply with the Meridian Fire Department's requirements and/or concerns as follows: 1. That a fire -flow as required by the Uniform Fire Code shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III -A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius. b. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section. 1103.2.4 of the Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 8. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 9. All building uses and processes to comply with the fire code in effect at the time of construction. 10. A 20' wide fire lane shall be maintained around all proposed buildings. 11. A vertical clearance of 13'6" shall be maintained over fire lanes, this may affect canopies. By action of the City Council at its regular meeting on the % 1f day of DATED this 6�� day of i, 2003. r t ayor obert D. Corrie Copy served upon Applicant, Planning and Zoning Department, Public Works and thelGlity,,,,111�, Attorney. ` or- [%,zR1 % 6Dated:BEAL City Clerk -v 7 ZAWork\MWeridian\Meridian 15360W-allon Greens Sub TE-03-001TPTime Extension TE-03-001,doc I g 1j,��Q f.3#I 10 Order Granting A One (1) Year Time Extension For Commencing Construction and for Filing The Final Plat (TE -03-001) 2 "FOURTH ADDENDUM TO EXHIBIT "C" JOINT OWNED PROPERTY" The following is an addendum to that certain City of Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement, specifically Exhibit "C" therein attached, which is an exhibit as an addition thereto and reflects additional firefighting vehicles jointly owned and purchased subsequent to the entering into the original agreement. Major Equipment: Description % of ownership Date Purchased City/ Rural 2000 Pierce Dash #302 74/26 4P 1 CT0252YA000923 2002 Pierce Enforce 9301 74/26 4P1 CT02A92A002733 IT IS SO AGREED. //, n9 //— P,� Purchase Price DATED AND SIGNED this ! �� day of 2003. CITY OF MERIDIAN By: ATTEST: Mayof 0 O w9l G� 0�14 s SEAL = City Clerk BY COUNCIL RESOLUTION NO: d I "-,�v c�'sr rst d.0 ~ $295,493.00 $299,393.00 Fourth Addendum to Exhibit "C" to the City of Meridian/Meridian Rural Page 1 of 2 Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement MERIDIAN RURAL FIRE PROTECTION DISTRICT By: President ATTEST: Z:1WorkIMlMeridian\Meridian ] 53 b0M1Fre DepffburthAddendumToExhibitC 03 20 03.doo Fourth Addendum to Exhibit "C" to the City of Meridian/Meridian Rural Page 2 of 2 Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement MERIDIAN RURAL FIRE PROTECTION DISTRICT RESOLUTION NO. dy0 3 - 01- A Resolution of the Board of Commissioners of the Meridian Rural Fire Protection District, setting forth certain findings and purposes; authorizing the Chairman and Secretary to sign and enter into, on behalf of said district, certain addendum to that certain agreement entitled "CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT." WHEREAS, it is in the best interest of the Meridian Rural Fire Protection District to join with the City of Meridian, and enter into that certain addendum entitled "Fourth Addendum to Exhibit 'C' Joint Owned Property," a copy of which is attached hereto, the reasons for which are as respectively set forth in said addendum; NOW, THEREFORE, be it resolved and the Board of Commissioners of the Meridian Rural Fire Protection District hereby resolves as follows: 1. The Chairman and Secretary are hereby authorized to join with the City of Meridian and to enter into that certain addendum entitled "Fourth Addendum to Exhibit'C' Joint Owned Property," a copy of which is attached hereto, with the City of Meridian and to bind the Meridian Rural Fire Protection District to its terms, representations and conditions. PASSED BY THE BOARD OF COMMISSIONERS OF THE MERIDIAN RURAL FIRE PROTECTION DISTRICT this ,iy _ day of �A-✓ L , 2003. MERIDIAN RURAL FIRE PROTECTION DISTRICT R\1' MERIDIAN RURAL FIRE PROTECTION DISTRICT Resolution No. Page 1 of 1 Chairman RESOLUTION NO.--�9,? — ,�iy I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, THE ADDENDUM TO THE AGREEMENT ENTITLED "FOURTH ADDENDUM TO EXHIBIT "C" JOINT OWNED PROPERTY" OF CITY OF MERIDIAN/MERIDAN RURAL, FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT". BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into the Addendum to the agreement, with the Meridian Rural Fire Protection District, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, denoted as "FOURTH ADDENDUM TO EXHIBIT "C" JOINT OWNED PROPERTY" OF CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT, which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Addendum. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain Addendum to the agreement with the Meridian Rural Fire Protection District, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, entitled "FOURTH ADDENDUM TO EXHIBIT "C" JOINT OWNED PROPERTY" OF CITY Resolution for Exhibit "C" Addendum to the contract entitled: City of Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement Page 1 of 2 OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, day of 2003. 1/- APPROVEDA3Y THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this St day of 7 , 2003. Mayor Robert D. Corrie ON t ATTEST: o SEAL City Clerk ZAWork\"eridian\Meridian15360NRFire Dept\FourthAddenExhibitClifePresServiceKJntPowrAgmtRES 03 20 03.doc Resolution for Exhibit "C" Addendum to the contract entitled: City of Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement Page 2 of 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this Cit , I am the custodian of its records and minutes and do hereby certify that on the day of Z , 2403, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, THE ADDENDUM TO THE AGREEMENT ENTITLED "FOURTH ADDENDUM TO EXHIBIT "C" JOINT OWNED PROPERTY" OF CITY OF MERIDIANIMERIDAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT". BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into the Addendum to the agreement, with the Meridian Rural Fire Protection District, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, denoted as "FOURTH ADDENDUM TO EXHIBIT "C" JOINT OWNED PROPERTY" OF CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT, which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Addendum. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: Resolution for Exhibit "C" Fourth Addendum to the contract entitled: City of Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement Page 1 of 2 The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain Addendum to the agreement with the Meridian Rural Fire Protection District, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, entitled "FOURTH ADDENDUM TO EXHIBIT "C" JOINT OWNED PROPERTY" OF CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and}gns. of o i4�--A An� SEAL William G. Berg, Jr. STATE OF IDAHO, ) '.r"��T tst ..0 ss. �1-/1 COLT, County of Ada, s rr On this % S day of A lrF L' , in the year 2003, before me, AV —,,j) , a Notary Public in and for the State of Idaho, 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. {SEAL p� -�`� 1 (�✓ �r Notary Public for Idaho re , �, x Residing at: /. �✓ T_ 7� t I C Commission Expires: Z:IWorkk"eridian\Meridiani5360MT Ire DeptlCertcfClerbTourffiMdenToExhibitCLifePresKJointPowerAgmt 03 20 03,doc Resolution for Exhibit "C" Fourth Addendum to the contract entitled: City of Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement Page 2 of 2