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Home My WebLink About2003-04-08 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 8, 2003, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X IX Tammy de Weerd 0 Cherie McCandless X- X Mayor Robert Corrie . Bill Nary X tvVt-/v.ed @ 1" 2cr f'/Vl Keith Bird 2. Adoption of the Agenda: CLjJj7Y'OV..0 3. Consent Agenda: tLpJn---cw.e- A. Approve minutes of March 4, 2003 City Council Regular Meeting: ~f'jJn;)v<- B. Approve minutes of March 18, 2003 City Council Regular Meeting: approvx.- C. Findings of Fact and Conclusions of Law for Approval: PP 02- 034 Request for Preliminary Plat approval of 7 building lots on 14.31 acres in C-G and R-40 zones for proposed Devon Park Subdivision by Tamura and Associates - 824 East Fairview Avenue: approV-e..- D. Findings of Fact and Conclusions of Law for Approval: AZ 02- 029 Request for Annexation and Zoning of 39.92 acres from RUT to R-8 zones for proposed WatersonQ Estates by Howell-Murdoch Development Corporation - northwest corner of North Linder Road and West Ustick Road: a-j? Ir-o v.e. E. Findings of Fact and Conclusions of Law for Approval: PP 02- 030 Request for Preliminary Plat approval of 125 building lots and 15 other lots on 39.92 acres in a proposed R-8 zone for proposed WatersonQ Estates by Howell-Murdoch Development Corporation - northwest corner of North Linder Road and West Ustick Road: a,fyov-e- F. Findings of Fact and Conclusions of Law for Approval: VAR 03-009 Request for a Variance to allow blocks 3, 4 and 7 to be shorter than the minimum of 500 feet and to allow blocks 1 and 8 to exceed maximum block length of 1,000 feet for proposed Meridian City Council Agenda - April 8, 2003 Page 1 on 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. Watersonq Estates by Howell-Murdoch Development Corporation - northwest corner of North Linder Road and West Ustick Road: af'jYYt?~ G. Findings of Fact and Conclusions of Law: MI 03-003 Request to review the issue of the connection of Teare Avenue for Fairview Lakes by Fairview Lakes, LLC - 824 East Fairview Avenue: t}/)Jfrtlf/'~ H. Findings of Fact and Conclusions of Law for Approval: VAR 03-010 Request for a Variance for extension of time to file subdivision plat as required by the City of Meridian for Tramore Subdivision by A.L. "Drew" Seargent - south of West Pine Avenue and east of North Linder Road: &!'pT1>v-.e.- I. Sanitary Sewer and Water Line Easement with Tramore, L.P.: ClfPTov-f../ J. 2003 Creek-Crossinq Sewer Pipe Rehabilitation Project Award Bid: io .Ihs/-h-l."tu.fo/-h\..- 7ecAh%gles, JhC. tfr 2 q 8, 4B5/~'::' K. Settler's Park Restroom I Concession Building - Award Bid: -10 6o//~ COh.-s-irt-tC:'"/oY!.. b /'19/ 6tJ4. o~ L. Beer, Wine, and Liquor License Renewals: dflj>Y't?v.e- Winco Foods, Inc. - Beer and Wine Maverick Country Store - Beer Jackson's Stores - Beer and Wine Albertson's Stores - Beer and Wine Wal-Mart Store - Beer and wine Kahootz Pub and Eatery - Beer and Wine Ultra Touch Car Wash - Beer 4. Department Reports: holt€. 5. (Items Moved from Consent Agenda): tvO-Ihih-j 6. Resolution No. 03- 4-0 ( : Amendment to the July 2002 Meridian Comprehensive Plan for the City of Meridian (Section C-1 of Chapter 7 Urban Service Planninq Area): a~ V'.e...... 7. Tabled from April 1 ,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: t2pproVVL-- 8. Continued Public Hearing from March 18, 2003: Dust Abatement Ordinance: (! tJh-h n ue.. fJ (It. f,;; It;Jn 7 IS; 2 {70 3 tn--? Meridian City Council Agenda - April 8,2003 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 888-4433 at least 48 hours prior to the public meeting. 9. Public Hearing: PP 03-001 Request for Preliminary Plat approval of 15 building lots, 1 existing house lot, and 2 other lots on 9.996 acres in an R- 4 zone for Setter Cove Subdivision by MKH Development, Inc. - east of North Locust Grove Road and north of East Ustick Road: a ihJ rYl e '1 b.::> I' roe jJ tl r-e /!/ f f' e-/ L Irr. af-"fl ro jr~ 10. Public Hearing: VAR 03-008 Request for a Variance for block length to exceed maximum length of 1,000 feet for Setter Cove Subdivision by MKH Development, Inc. - east of North Locust Grove Road and north of East Ustick Road: ., 6ft-Ivrne!! to prepare ";:/f: t cl..f hn- approvd.-L 11. Public Hearing: CUP 03-002 Request for a Conditional Use Permit for an additional public school classroom building in an I-L zone for Meridian Academv by LKV Architects - 2311 East Lanark Street: arkl-hey ..,40 jf)r~jJare .,elf. i cl--t .f'zrv ':<-(JjJroVf.Lt 12. Public Hearing: AZ 03-004 Request for annexation and zoning of 1.37 acres from R-1 to L-O zones for Montvue Medical Clinic by Pinnacle Engineers, Inc. - 360 East Montvue Drive: (!1J/l--!7ht<-<: "o/A TV I9JJril /5; 2003 n.-ry. 13. Public Hearing: MI 03-004 Request to amend conditions of annexation for Boise Podiatry Building by Marshall Ogden -1065 Fairview Avenue: c'gX nhtA..R.. pi h It> I1-prl-/ 22-( Zo03 PV~. Meridian City Council Agenda - April 8, 2003 Page 3 of 3 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ylv~Su ?1)~t ~D( ?'U h\ \ 0 WDt1Cf -- /116\Vl,iKs . CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 8,2003, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of March 4,2003 City Council Regular Meeting: B. Approve minutes of March 18, 2003 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: PP 02- 034 Request for Preliminary Plat approval of 7 building lots on 14.31 acres in C-G and R-40 zones for proposed Devon Park Subdivision by Tamura and Associates - 824 East Fairview Avenue: D. Findings of Fact and Conclusions of Law for Approval: AZ 02- 029 Request for Annexation and Zoning of 39.92 acres from RUT to R-B zones for proposed WatersonQ Estates by Howell-Murdoch Development Corporation - northwest corner of North Linder Road and West Ustick Road: E. Findings of Fact and Conclusions of Law for Approval: PP 02- 030 Request for Preliminary Plat approval of 125 building lots and 15 other lots on 39.92 acres in a proposed R-8 zone for proposed Watersonq Estates by Howell-Murdoch Development Corporation - northwest corner of North Linder Road and West Ustick Road: F. Findings of Fact and Conclusions of Law for Approval: VAR 03-009 Request for a Variance to allow blocks 3, 4 and 7 to be shorter than the minimum of 500 feet and to allow blocks 1 and B to exceed maximum block length of 1,000 feet for proposed Meridian City Council Agenda - April 8, 2003 Page 1 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 houtS prior to the public meeting. WatersonQ Estates by Howell-Murdoch Development Corporation - northwest corner of North Linder Road and West Ustick Road: G. Findings of Fact and Conclusions of Law: MI 03-003 Request to review the issue of the connection of Teare Avenue for Fairview Lakes by Fairview Lakes, LLC - 824 East Fairview Avenue: H. Findings of Fact and Conclusions of Law for Approval: VAR 03-010 Request for a Variance for extension of time to file subdivision plat as required by the City of Meridian for Trarnore Subdivision by A.L. "Drew" Seargent - south of West Pine Avenue and east of North Linder Road: I. Sanitary Sewer and Water Line Easement with Tramore, L.P.: J. 2003 Creek-Crossina Sewer Pipe Rehabilitation Project Award Bid: K. Settler's Park Restroom J Concession Building - Award Bid: L. Beer. Wine. and Liquor License Renewals: Winco Foods, Inc. - Beer and Wine Maverick Country Store - Beer Jackson's Stores - Beer and Wine Albertson's Stores - Beer and Wine Wal-Mart Store - Beer and wine Kahootz Pub and Eatery - Beer and Wine Ultra Touch Car Wash - Beer 4. Department Reports: 5. (Items Moved from Consent Agenda): 6. Resolution No. 03- Amendment to the July 2002 Meridian Comprehensive Plan for the City of Meridian (Section C-1 of Chapter 7 Urban Service Plannina Area): 7. Tabled from April 1, 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. Continued Public Hearing from March 18, 2003: Dust Abatement Ordinance: Meridian City Council Agenda - April 8, 2003 Page 2 of3 AIl 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. 9. Public Hearing: PP 03-001 Request for Preliminary Plat approval of 15 building lots, 1 existing house lot, and 2 other lots on 9.996 acres in an R- 4 zone for Setter Cove Subdivision by MKH Development, Inc. - east of North Locust Grove Road and north of East Ustick Road: 10. Public Hearing: VAR 03-008 Request for a Variance for block length to exceed maximum length of 1,000 feet for Setter Cove Subdivision by MKH Development, Inc. - east of North Locust Grove Road and north of East Ustick Road: 11. Public Hearing: CUP 03-002 Request for a Conditional Use Permit for an additional public school classroom building in an I-L zone for Meridian Academv by LKV Architects - 2311 East Lanark Street: 12. Public Hearing: AZ 03-004 Request for annexation and zoning of 1.37 acres from R-1 to L-Q zones for Montvue Medical Clinic by Pinnacle Engineers, Inc. - 360 East Montvue Drive: 13. Public Hearing: M103-004 Request to amend conditions of annexation for Boise Podiatrv BuildinQ by Marshall Ogden -1065 Fairview Avenue: Meridian City Council Agenda - April 8, 2003 Page 3 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 boutS prior to the public meeting. Item Packet Pickup MEETING DATE: c./ c 4/8(03 May 16,2003 MERIDIAN CITY COUNCIL MEETING May 20, 2003 APPLICANT REQUEST Approve minutes of April 8, 2003 Pre-Council Meeting 8-1{ ITEM NO. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS Aw (Du-G Date: Phone: Materials presented at publfc meetings shall become property of the City of Meridian. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, April 8, 2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd 0 Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie 2. Adoption of the Agenda: Approve 3. Update of School Zone Speed Limit Ordinance: Bring back in June- Bill M. (5 minutes*) 4. Update of Utility Billing Amended Ordinance: Working on Draft - Gary S. and Bill N. (5 minutes*) 5. Discussion of PlumbinQ Ordinance Amendment: Checking Public Hearing Requirments -- set (5 minutes*) 6. Discussion of Electrical Ordinance Amendment: Checking Public Hearing requirements -- set (5 minutes*) 7. Update of Centennial Celebration: Tony Hickey update (5 minutes*) 8. Arbor Day Celebration Plans: Presented by Elroy Huff (5 minutes*) 9. Request for BudQet Amendment leasing of office space: Place agreement on Consent Agenda next week (10 minutes*) Meridian City Council Pre-Council Agenda- April 8, 2003 Page I of2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 10. 457 Deferred Compensation Plan Update: Will prepare Resolution (5 minutes*) * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Meridian City Council Pre-Council Agenda - April S, 2003 Page 2 of2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Pre-Council Meeting April 8. 2003 The Pre-Council Meeting of the Meridian City Council was called to order at 6:10 P.M. on Tuesday, April 8, 2003, by Mayor Robert Corrie. Members Present: Robert Corrie, Cherie McCandless, Keith Bird and Tammy de Weerd Members Absent: Bill Nary Others Present: Gary Smith, Stacy Kilchenmann, Bill Musser, Bill Nichols and Will Berg Item 1. Roll-call Attendance: Tammy de Weerd 0 Cherie McCandless X X Mayor Robert Corrie Corrie: Pre-Council meeting Tuesday April the 8th at 2003 at 6:10 P.M. in the City Council Chambers. At this time I would like to have roll call attendance please by the City Clerk. X X Bill Nary Keith Bird Item 2. Adoption of the Agenda: Corrie: Item number two is adoption of the agenda. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the agenda as published. De Weerd: Second. Corrie: Motion has been made and second to adopt the agenda as published. All those in favor say aye. Opposed no. All ayes motion carried. Item 3. Update of School Zone Speed Limit Ordinance: Corrie: Item number three. Update of school zone speed limit ordinance. Captain Musser. Musser: Mr. Mayor members of the Council. We were hoping to be able to present an initial ordinance for review to the Council today however we had some communication problems and we are requesting to present that to you in late MeridIan City Pre-Council MeaLing April 8, 2003 Page 2 of 19 June. The issues at hand has to do with the time period and it was apparently a clear want for a time period on that and we are looking at having that section added to the ordinance so it will include from 7:30 A.M. to 4:30 P.M. which in effect will be a Monday through Friday enforcement period at all school zones. We do have an additional definition for when children are present so it is a little bit more specific now. So we will have that included and the reason why we are holding off until June is we are near the end of the school year now and when we do present this and run it through the timing should work for being able to change over signs and we've already have had initial contact with Mike Villnave with Ada County Highway District. And we believe we can get that all accomplished by the tail end of August so we can start off the school year fresh and be able to run with this ordinance. And we are still looking at having a fixed fee penalty of one hundred dollars for this infraction as well. So that is the status at this point. Corrie: Okay. Any questions Council? Bird: He answered mine. I wanted a better clarification on what that students and deal was. I think it should say while school is in attendance. Musser: Well what we essentially did with that one councilman Bird is that we defined that when children are present means any child that is on a sidewalk or any area adjacent to the school buildings themselves outside of a fenced enclosure and within the zone. You know as long as they are visually present there and moving about on any public thoroughfare adjacent to a school within the zone and that's what it would be defined as. Bird: Great. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Captain Musser are you also participating in the parks in the park zone ordinance, is your committee. Musser: Mr. Mayor, Council Member De Weerd and Members of the Council. At this point I have had some preliminary contact with Councilman Nary and just some brief contact this morning with Doug referenced some of the issues with the park zone. We have some more work to do on that however one of the other options that we have been looking at through the traffic safety committee is looking at engineer solutions for a couple of our residential streets in particular on Chateau near Chateau Park and right now Mike ViIlnave and the engineers at ACHD are looking at what the budget constraints would be for them to be able to come up with an island that would slow the traffic down. Part of our concern both from my end of it as law enforcement representative and Mike Villnave's as an engineer is that we are in a 25 residential area now if we reduce the speed down Meridian City Pre-Council Meeting AprilS, 2003 Page 3 of 19 to 20 miles per hour or even lower the impact and the availability being able to do specific enforcement on those might be a little bit tough considering staffing levels at this point. However putting in engineering in the form of traffic calming solutions may well present in ever p resent ability to keep traffic down a t I east below 30 to 25 miles per hour in those areas and the slower we can keep them the more ability a person has to stop if children are present. De Weerd: Well in that area I don't know if people know the speed limit is 25. Musser: I would agree and we are continuing to do enforcement up in the area especially when we have complaints and we are able to track down any described vehicles as well. But placing an island to force people to have to slow down and make a make a slight turn around it is and has been a pretty well proven tactic in Boise to this point and another municipality so that's one of the reasons why we are considering it there. De Weerd: That sounds good. Has your committee also had an opportunity to address the crosswalk over by Tully Park, kind of on the top end where the pathway comes out? Musser: We have at this point and because of the planned build out for Linder Road a crosswalk would not be a wise move for a potential five line roadway in the future in that area. One of the other problems that we have is we do have a direct controlled access light that's currently at Linder and Chateau Road and it was the committee's feeling that we probably need to find some mechanisms to increase parental awareness and get some educational processes going with the children so we can get them to walk down and utilize the controlled crossing there to do otherwise puts them at jeopardy and to place a crosswalk in the middle of a potential five lane roadway in the future is just asking for additional problems as well. De Weerd: Well you know I have been hanging out at the skate park a couple times a month just because of the issues that have been going on down there. I have yet to see a parent with any of those kids at the skate park. And so I think most parents should be responsible that the kids that go to that skate park they are there unattended and they range from six, seven on up. Musser: I understand what you are saying Councilman De Weerd. One of issues that we are looking at doing is increasing parental awareness is that the parents of those children have the liability for their unattended children when they are going out and crossing the streets when there is access provided. And its not the city's liability or t he city's stance that we a ssu me liability for their kids being able to cross there. We don't have to assume it nor do we have a duty at this time to do so and there is a clear crossing that has been provided. One of the other issues that ACHD was looking at was the availability to extend the current walkway along the west side of Linder Road so that it was finished. Meridian City Pre-Council Meeting April 8, 2003 Page 4 of 19 Apparently there is a development in process now that w ill include a sidewalk which leaves approximately 100 to 150 foot unfinished section in there and they said that they would complete the side walking and that so that we do have a travel path to be able to get to that crossing. De Weerd: No easy answer. Musser: Not today. De Weerd: Thank you Captain. Musser: Your welcome. Corrie: Thank you Bill. Appreciate it. Item 4. Update of Utility Billing Amended Ordinance: Corrie: Item number four is update of utility billing amended ordinance. Gary do you have anything on that at all? Smith: Mr. Mayor, Council members. I didn't get together with Mr. Nichols and put this together as an ordinance but I talked to Bill earlier and we'll both put this kind of at the top of the agenda and get it done. We got the direction that we needed from Council and from the meeting that was held on February the fourth so I think we are clear as far as what has to be done. Unless Bill has some comments? Nichols: Mr. Mayor, members of the Council. Its not just Gary, I didn't get it on my to do list either and so in fact it was probably on my list and that's why he didn't come up with it but we will work together and try to get something just as quick as we can to get a draft to you to look at and then we'll need to have since it contemplates imposition of a fee we'll need to have a public hearing on the fee aspect of it but we want to at least get the draft to you to look at before we get to that stage. Smith: Mr. Mayor. Corrie: Gary. Smith: Also I believe that you received all Council members and yourself received an email that Will Berg forwarded that was written by Jerry Mason the attorney for AIC concerning the - part of the email was concerning this particular issue and I think after reading his dissertation that we are proceeding in the correct manner. Corrie: Thank you Gary. Meridian City Pre-Council Meeting April 8, 2003 Page 5 of 19 Smith: Thank you. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess since a lot of these are kind of updates I think Gary at one time put together for his construction projects kind of a tracking system which I always found really helpful because we kind of new were things were and as I know as things come in front of us and we say okay we need to get an ordinance on this and we kind of have the discussion and we kind of send it out to staff I know then you have to reprioritize and you need probably a better understanding from us what is a higher priority and what isn't. When its staff initiated like the billing directive I guess it would be helpful to the Council to understand what the urgency or priority is because I do keep track of what comes in front of us and why I haven't see it and maybe we just need a list that would even help the attorney know what has more priority that he needs to be working on too. So I guess if there's a way that we can compile a list of the different ordinances and activities that we have that are initiated or brought to Council that we can kind of see where we are at so we are not always asking the question prematurely or it wouJd just be a better tracking mechanism to know where we are at in some of these projects and it might be a useful tool with staff in knowing the priority we feel is placed on those items as well. So then we are kind of on the same page. Is that a possibility? Corrie: Well you seem to be having kept track of them. Do you want to continue doing that? De Weerd: I'm not a full time employee, I know people think I am but you know I think that I would track it I mean I already do but I don't think its my place. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Mr. Mayor members of the Council whatever we can do to try to make sure things don't slip through the cracks we will do. I think the issue is at least for me is I didn't get it on my list and I try to keep some kind of a list of what's going on and some juggling does occur as you try to do things. J'lI get together with Gary and see if we can't figure something out. I think the problem for me was I didn't get it on my list and didn't see this as one where I was the lead and that's the problem on this one and so there always needs to be identified whose the lead so that we have some zoning ordinances that we're working on and the Planning and Zoning Department has the lead on those. We have some things the Parks Department is working on like skate park ordinance and that sort of Meridian City Pre-Council Meeting April 8, 2003 Page 6 of 19 thing and they are the lead on that one. So as long as we make sure we have identified who the lead is usually we don't have this problem, which occurs on this one. So we will try to come up with some mechanism for doing that. Also Will when he puts together after the meeting generally w rites down after each agenda item if there is something to be done, what's to be done and who's to do it. And then those get faxed out to all the department heads and me so that's a way of double checking something that comes out of the meeting itself, out of the Council meeting. This is just one that I just didn't catch. Corrie: Okay thank you. Item 5. Discussion of Plumbing Ordinance Amendment: Item 6. Discussion of Electrical Ordinance Amendment: Corrie: Discussion of pluming ordinance amendment Gary. Smith: Mr. Mayor, council members. I have been working with Marlene in the attorney's office and also with our plumbing inspector concerning the adoption of the new uniform plumbing code and I believe the document that you have before you is a final document that's been reviewed by myself and by Lynn Hoover and it does contain we feel all the applicable references to the 2000 uniform plumbing code that would adopt that with some deletions some exceptions and I don't have anything else to comment on unless you have some questions about it. Corrie: So it's pretty much ready to go then? Smith: Yes sir. From our standpoint it is. Corrie: Okay. Mr. Bird. Bird: I believe from reading it over and that they are the professionals and certainly know it looks okay. So I think we need to get it in the proper order and get it running through for us. Smith: Thank you. Bird: I think even on the next item we are in the same boat. Smith: Yes sir. Bird: (Inaudible) lets get them both forward and have Mr. Nichols and Will get the thing going properly and what we need to do. Your office has to look it over Mr. Nichols, it looks okay to you guys doesn't it? Meridian City Pre"Council Meeting April 8, 2003 Page 7 of 19 Nichols: Mr. Mayor members of the Council. What you have has been prepared by our office I mean Marlene did the heavy lifting and I've looked over it and Gary's cross checked it and we've been working on this one for more then a few months now to get them in shape. The only thing that we probably ought to do that I don't know that we have done Gary is get a draft 0 ut to all 0 f t he local plumbing contractors for them to look at. The other thing that always is important in this kind of thing is when is the effective date going to be for these kinds of ordinances? Because somebody may have already bid a job based upon the way the code is now and it may have some impact on the deal so we need to have the effective date out far enough that somebody has advance notice ahead of time so they don't get caught in having bid a job one way and now they have to add stuff to meet the code and that sort of thing. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Nobody would agree with that more then I would because we have been hit a few times on codes on bids. I think that if we could get these out and passed by June I would think 60 days, most bids are known within 60 days say August first take effect. What do you think Gary? Smith: Mayor and Councilman Bird and Council members. I don't think there's going to be a problem at all with this I think our plumbing inspectors have been pretty much inspecting on the basis of the 2000 code because it has been out for awhile so I think all the contractors are really up to speed on it. The other thing that this ordinance does is it incorporates a lot of the verbiage from the state rendition of the plumbing code, it incorporates the exceptions that the state has made so that it is along the same lines as the state adopted plumbing code. I really don't think that there is going to be an issue at all in adopting this but it's always good to give it a little time so that the contractors are aware. De Weerd: Mr. Mayor. Corrie: I think probably August you are right. That's plenty of time. Bird: If we do it August first I think that will (inaudible) on both of these codes. Put right in the ordinance so everybody knows and I think that's what the attorney is basically asking for and has asked for on these types of things all the time we see them slip through the cracks and not get them done then we have to (inaudible ). Nichols: Mr. Mayor members of the Council. It's in electronic form and we can get it over to the Clerk's office tomorrow as far as when you know being able to schedule a hearing on these. I don't know that we are required to have a hearing on these type, they are not a zoning code but its best probably to have a hearing Meridian City Pre.Council Meeting April 8, 2003 Page 8 of 19 anyway just so that somebody has something comes up. 80 what I'll do is on those two we'll make them effective August first 2003 and make that change in the draft ordinance and give them to Will. Corrie: Okay good. De Weerd: Mr. Mayor. Corrie: Yes. De Weerd: Because there are fee changes in it it definitely would need a public hearing but does that need to be separate from the ordinance? Nichols: Mr. Mayor members of the council. You have to have a hearing on the fees themselves period. So there needs to be notices of fee hearing if I remember correctly. De Weerd: Can we do them concurrently? Nichols: Sure. De Weerd: And I know when I had the inspectors come in last year and inspect my subs they did say they were inspecting up to current code even though we hadn't adopted it so you are right Gary. Corrie: Does this have any prices in it? Bird: Yeah it does Mayor. Corrie: Because I don't have the (inaudible). McCandless: Yes. Bird: (Inaudible). Its on the second page Mayor. Corrie: Okay I'm sorry I was looking on the wrong - De Weerd: It's on page four. McCandless; Its on page four. Bird: Page four? McCandless: Uh-huh. Meridian City Pre-Council Meeting April 8, 2003 Page 9 of 19 Smith: Mr. Mayor and Counci!l don't believe the license fees changed at all from the existing ordinance, they are the same. De Weerd: But both the electrical and plumbing were they not changing some of their fee structure? Smith: Their inspection fees, they are not included in this ordinance that's a separate item and I do have a proposal from them to upgrade their fees on the inspection. De Weerd: Okay the contractor fees license fees are not changing? Smith: No ma'am. Corrie: That's what I couldn't find. There wasn't any figures in these two ordinances, unless I was missing something. Bird: I thought the fee changed. Corrie: You check that out for us will you Will and make sure that we do and there's the plumbers fees. So check it out and make sure we can set the timings up for the public hearing. Okay. De Weerd: I would like to see them at the same time. So that the public that has an interest- Bird: I would too. De Weerd: -- would just want to come to one meeting if at all. Smith: You are referring to the inspection fees also? De Weerd: Are we about ready on those? Smith: Well I've got the proposal from them but it hasn't been put into a final format yet. De Weerd: Okay. Smith: I don't think it's a big deal to do that. Bird: I'd just say lets go get this ordinance passed. De Weerd: Okay. Corrie: Well if you get the ordinance passed then you can get the other stuff. Meridian City Pre-Council Meeting April 8, 2003 Page 10 of 19 De Weerd: If they are not ready we just go forward on those. Bird: Y ou probably aren't going to start the fees until the 0 ctober 1 st change anyway are you, the new fiscal year? Smith: They haven't said to much to me lately. Bird: Their contract is based under the old fee system. Smith: Yes it is. Bird: So then it won't change until the new budget year. Smith: It's a percentage of the fees that are collected. Bird: I just- Smith: I'm not sure if those fees were set by, I don't know that they are set by ordinance anyway I think they are set by resolution. Corrie: Okay the same things on the electrical ordinance and that. Smith: Thank you Mayor, thank you Council. Item 7. Update of Centennial Celebration: Corrie: Item seven is update on the Centennial Celebration. We have Tony Hickey with us tonight. So Tony give us some information. Hickey: Mr. Mayor, City Council. I'm Tony Hickey I'm the chairman of the Historic Preservation Committee and I'm not real sure how that happened. I think I stood up instead of shut up, but anyway that's who I am. On August second will be the city's 10ath anniversary birthday whatever. So Mayor has asked us to do some things we've met with the Historical Preservation Committee and had a meeting with Will and the Historic Society and the Historic Foundation and the Chamber of Commerce. All of those other entities felt that they were pretty busy, they had a lot of things going and chose to not get overly involved in what we got going so we are kind of doing our own thing. We invited them in and they are certainly welcome to come with us if they choose but their plates are pretty full as it is. So there's been some preliminary things done. On April 1 ih which is probably going to have to be cancelled because the weathers not going to be too good. We've gotten permission to do a proclamation at the Meridian Speedway (inaudible) one year name change type of situation. The Historic Dairy land Motor Speedway Meridian or something of that nature. I did talk with one of the local banks they are willing to pay for a banner. We'll put with Meridian City Pre-Council Meeting April 8, 2003 Page 11 of 19 the City Council's permission we would put our logo and the banks logo and some sort of a proclamation or name change or something for the year. It's yet to be decided exactly how it's going to read or whatever but that's one of the things we are doing. On August second we (inaudible) between the first part of the speedway season and August second. On August second we have asked the Mayor to have a meeting down at the Generations Park or Plaza to do a time capsule yet to determine when the time capsule will be opened for 10 years or 25 or 50 something of that nature. We've asked the Meridian School Board to have the third graders come up with something that they felt would be appropriate for a time capsule. The third graders study the local history. So that is why they were selected. And the Meridian School District is very anxious to do that. We're attempting to contact two or three other people, the local pioneers of the area Lila Hill and so on so forth those kind of folks to speak and when the Mayor does his thing on August second. After that there is going to be a picnic at Storey Park it's a locals picnic that has now been hosted by Kiwanis and hope they know what they are getting in for, there's going to be a lot of folks there but anyway Malcolm insisted that the Kiwanis would do the no host and that shouldn't surprise anybody with Malcolm. I have organized or am in the process of organizing an event at the speedway that night for 50 PT Cruisers to cruise around during victory lap so on and so forth as part of that event that evening. And so far that seems to be going on. Malcolm also wants to invite several of the vintage car owners and so forth to come in. Not actually a parade but you know parking in Storey Park or someplace where the folks can come around and look at the old cars and so forth. We are going to be utilizing Frank Thomason and the Valley paper Valley News quite a bit. He should have never gotten me in to this thing. I'm going to work him. But anyway we are going to try and do quite a few interviews of pioneers of the area so on and so forth and some of the folks that have been in the valley for a long time. The foundation has excepted the (inaudible) of us to bring their bus out and they have an entity making 37 international school bus and they'll be varying people from generations (inaudible) up to Storey Park. I'm demanding the opportunity to drive it but that didn't seem to be going to well so. (Inaudible discussion amongst Council members) Hickey: I didn't think they would and it's always worth a try. You can't get turned down if you don't a sk. A nyway and t hen a Iso we've got two 0 r three houses perhaps for (inaudible) working with right now to get on the historical register and it would be real nice if we can make some sort of announcement that night and present plaques or whatever the Idaho Historical Group has for us. We are working with right now two and possible two more between now and then. That seems to be going fairly well. And finally our group thought that because of the third grade kids students are going to have sort of a challenge to come up with whatever they think is appropriate for the time capsule that they should be present at the event as well and we will try to get photographs in the Valley paper and try to keep everybody up to speed with that encouraging as many folks to Meridian City Pre-Council Meeting April 8, 2003 Page 12 of 19 come. It's going to be primarily a no host situation. We have several people who wanted to get into the city's pocket a little bit but I don't think that is going to happen. I don't think it's going to be very expensive to get a time capsule in a couple of things and I don't want to say (inaudible) that we can't sponsors for those. We have a bank that is willing to sponsor the proclamation at the speedway. There is several more banks in town I would suspect they could be approached which I probably will get to do. To see if we can't get them and the local businesses involved in some fashion as well so hopefully there won't be any cost to the city in this. And that kind of brings you up to speed on where I am and I'll answer questions if I can. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Tony I know an organization that would love to sponsor. (inaudible) if you would just get a hold of me. Hickey: Okay I would be happy to do that. I don't think we need anywhere near that kind of money. Bird: We would want something that wasn't publicized. Hickey: Okay we can do that. Can I answer any other questions? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I know the Senior Center had talked about maybe doing something as well. They have been trained to revive their cherry pie, something or other. Hickey: Excellent. De Weerd: And so you may want to call Donna Jones or would you like me ask her to call you or. Hickey: I would love for you to have her give me a call. Yeah and visit with her whenever she has time. I'm in real estate so sometimes it's easier for them to call me. My schedule (inaudible) anyway so it doesn't make any difference I can usually take the time and talk to somebody. De Weerd: I know why you were nominated. Your development is really nice. Hickey: Thank you. Meridian City Pre-Council Meeting April 8, 2003 Page 13 of19 De Weerd: It's just a real addition down there. Hickey: We are having some discussions with ways to do some other things other then the pure United States Parks Departments version of historic. Its very difficult to follow and especially in a small community like this because so many things have changed but so our organization our group is attempting to come up with some way to kind of fill in between the modern and the others and give folks an idea of how to be part - it didn't cost anymore money to do it a little bit differently. So. De Weerd: I love your colors too, they are great. Hickey: I had something ask me why the city allowed me to paint that one house yellow. I told them it was because we didn't have pink paint that day. Can I answer any other questions? Thank you. Corrie: Tony thank you very much. Great job. De weed: Sounds great thank you. Corrie: One question I guess Will, how are we looking on the banners downtown have you looked at them cost wise? Berg: Yes Mr. Mayor on the banners I'm researching in getting a quote from a couple different sources. Design, I'm kind of leaving it up to what they think looks best with 0 ur color scheme and basically its just 0 ur I ago with something that says incorporated August 1, 1903 on the very bottom. So if you look at our logo it has the watertower and it has that year. That year would be taken off and the incorporated down below. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Tony how would you want the check made out. Meridian Historical Society. Hickey: That I don't know I'll have to talk to the Mayor and with Anita and we'll how that- Bird: I know that we sponsored on the 100 years in 93 and we did not make our check to the City of Meridian. And I'm not going to make a check to the City of Meridian. Berg: They have separate accounts. Meridian City Pre-Council Meeting April 8, 2003 Page 14 of 19 Corrie: A different account. Hickey: I'm not sure we just so far I have never been handed a check- Bird: I might as well offer before Lila gets a hold of me. Hickey: Thank you very much. De Weerd: Lila will take the whole amount and just use whatever on the Historical Society. Hickey: I'm not sure that is a bad thing. De Weerd: No its not. Bird: I'd seen how she was a member of this organization too, she's kind of a little bit of a fire there. Hickey: Well she would be one of the speakers that we would like to have in our event and there's two or three others, and if anybody else knows of somebody who would like to speak. If we end up with more speakers then we have time for we can always get (inaudible) interviews to put out in the newspaper. Frank is very anxious, as you know to promote it so. Corrie: Okay very good thank you. Hickey: Thank you. De Weerd: Mr. Mayor. Corrie: Yes. De Weerd: This is a question for Will. Did you get some names from the Parks Department because I know they looked into banners at one time? So they may have some companies to - Item 8. Arbor Day Celebration Plans: Corrie: Okay Doug. Arbor Day Celebrations. Elroy, okay. Huff: Mayor and Council that is the invitation to the Arbor Day Celebration. Those have been mailed out to you. You'll be receiving a program of what the agenda will be for that day which we are still putting together. And it will be something similar to last year that we did over here at Meridian Elementary. Excepting for the f act that we will have a representative there f rom the Idaho Department of Lands as well as the Arbor Day Foundation of that one Meridian City Pre-Council Meeting April 8, 2003 Page 15 of 19 representative will present the true city USA award to the Mayor. And there is a few other things on there and I will be on that speaking on that and the Mayor and the school will have a couple things. It's less then 30 minutes so. But I will get you a program for that. So that's coming up. Any questions? Corrie: (inaudible) hundred dollar bill. Huff: That was mine. Corrie: Oh that was your all right. Any other questions? Thank you Elroy. Item 9. Request for Budget Amendment leasing of office space: Corrie: Stacy. Budget amendment leasing of office space. Gary I'm sorry. Kilchenmann: We are sharing. Corrie: You both will do it? Kilchenmann: Mayor members of the Council. Gary and I are requesting a budget amendment for your approval of a budget amendment and we need your approval now because it involves signing a lease. And Gary is requesting, he wants - I'll let him explain how he wants to change the office arrangement and so forth but the budget impact, t he annual budget impact would be a bout 29,000 dollars. And since the rent is budgeted from the building department I imagine the building revenues will also be increased so this is kind of revenues going up and expense going up although the revenue will go up more then budgeted by a great more then just the 29,000. So I'll let Gary explain to you what he is proposing or the office configuration he is proposing. Smith: Thank you Mayor and Council. Thank you Stacy. What I am proposing to do is to move the Building Department downstairs in the building that we are located in at 660 East Watertower Lane. There is a space down there of about 2500 square feet that was recently vacated by a software company called Cypress Semiconductor and i n fact just this past I th ink it was last week they finally moved all of their furniture out of the space so its empty now. My proposal is to move all the building department permit specialist downstairs and along with all the inspectors, that would be both building inspectors, plumbing, electrical, mechanical and our new construction sewer inspectors and then I'm going to propose to move a new construction water inspector from the Water Department to this space also. So all of our inspectors then will be in one area. I think the other thing that this really accomplishes and maybe the most important thing is that it provides better access f or our customers. There are two doors 0 n the north side of that building that are fairly close together probably within 10 feet of each other. The customers will be able to parking lot and walk directly into the lobby area that will be created by a counter that will be built. They won't have to Meridian City Pre-Council Meeting April 8, 2003 Page 16 of 19 trapes upstairs they won't have to cross all the carpeting with muddy boots etcetera. And I think it will be a lot better customer service for access for the contractors that come in and get permits. On the ground floor we are presently leasing a 724 square feet that consists of our conference room that is used by both Building and Planning and Zoning and also a break room used by both departments. The building owner is willing to credit us that amount of space against this new space. They'll deduct that from our present lease and or from this lease space and we will just vacate that. The lease space or this proposed lease space also contains a conference room and a break room that was built by the previous leasee. I think that's the background on what my proposal is. It is already cabled for computer and telephone, there's not much expense involved in connecting that area to our present computer system. And we are getting crowed up there. One of the other things that I don't know if I'd mentioned it here I may have but we are very cramped on plan storage place, particularly building plans. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I would recommend that we get this lease taken care of and brought forward on a consent agenda next week for the Mayor to sign and the Clerk to attest that we want this. I think it's a necessity, I don't think we have any choice Gary. You are very cramped up there, hopefully you'll get more cramped. Smith: Yes. De Weerd: Is that part of a motion? Bird: This isn't a motion it's just a recommendation to bring it forward as long as you and Cherie agree with me. I can't make a motion, I mean you know on this part of the deal but we can recommend that is comes to the consent agenda next week. I think its something that needs to be done and then we're obligated to make a budget amendment when we do that in September when we do that budget deal. But I don't see how you get away without it Gary myself. Corrie: Stacy what is the total amount that we'll be - Bird: 17 Corrie: 17,1 DO? Kilchenmann: Yes that is the amount that you will be approving for this year. Corrie: Okay I'm just making sure that I go the right one there. Meridian City Pre-Council Meeting April 8, 2003 Page 17 of 19 Bird: This gives us more reason of why we need a new City Hall. De Weerd: Mr. Mayor. Corrie: Yeah you are right Keith. Mrs. de Weerd. De Weerd: I see t here's a term 0 n the lease if you needed to do something different in that time period what are the conditions on that? I didn't see that in here. Smith: I'm sorry council member De Weerd if we need to do something different as far as- De Weerd: Well if we actually had a new city hall or you had to move your space because you needed more. What are the terms of getting out of the lease? Because I see that it's a lease until March 31,2006. Smith: Right. This lease would have the same time limitations as the existing lease that we have. We are in the second year of that existing lease and it was a five year lease for the space that we have now so what he is doing is just tying this lease into our existing lease. N ow I don't recall the terms of the existing lease if we were to vacate. Typically I think that the provisions are that you sublease it or you work out some kind of a severance payment. Nichols: Mr. Mayor members of the Council. We may have a clause in that lease that allows us to get out as long as were not just leasing space in another building. It seemed to me that we proposed some sort of lease language that allowed in the event that there was a city hall or a city owned building that was going to moved into that the non appropriation of funds for a lease would terminate the lease. It seemed to me that we had something in there like that. Smith: I think you are right Bill. I believe there was a provision that would allow us to get out of that lease for a non-appropriation. Corrie: Bill would you look that up and make sure that we have it for the next Council meeting on the consent agenda and then you can give us a report at that time too. Okay. Smith: Thank you Mayor and Council. Corrie: Thank you. Any other questions? All right. Item 10. 457 Deferred Compensation Plan Update: Corrie: Stacy. 457 deferred comp plan. Meridian City Pre-Council Meeting April 8, 2003 Page 18 of 19 Kilchenmann: Okay. Mayor and members of the Council. I'm filling in for Pauline tonight she couldn't make it. But she said she had sent you a memo that kind 0 f summarized w hat has 0 ccu rred with t his and b asicaJly s he and Janice researched that having a plan administrator and its just cost prohibitive for us at our size. We have to be a great deal bigger to make it feasible so they are proposing that we have two investment firms, Waddell Reed or Valic. And so the steps remaining to do for that are to get Waddell Reed to sign an updated agreement and get everything kosher as far as the taxes and so forth and have them agree to provide certain employee services. Meet with the employees and so forth and present the different financing options or the different investment options and then update the resolution to the effect that Waddell Reed are our 457 plans and so Pauline is requesting that she get a date to have the updated resolution on your agenda. Corrie: What are the things, we are a trustee for the, what is the name of - Kilchenmann: Smith Barney. Corrie: Smith Barney. They want to get out of it and so do we. And the Valic and Waddell Reed will transfer those accounts that they have to them at no cost this time. So we looked at having a plan administrator but its just to expensive and both of those companies will be a plan administrator themselves. So that there would be no cost to them and no cost to the employees. They can roll that over that the others have and they will come and meet those employees and tell them what they can and can't do. Bird: How soon can we have a resolution Mayor. Corrie: I don't know, Bill? Nichols: Mr. Mayor we should - I think we can have one on next week because we had done a draft resolution to appoint Valic and we would simply amend it to include Waddell Reed if I recall correctly so it shouldn't take ling to put one together and email it to the clerk. So we will shoot for doing that for next week. Corrie: As long as we have Waddell Reed got their plan - (End of side one) Corrie: -- so we'll tell Doug to get hopping on that one then. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. Meridian City Pre-Council Meeting April 8, 2003 Page 19 of 19 De Weerd: And this went through the benefits committee. This is result of what they recommended. Bird: We will get that on next week. Corrie: Yeah and get a hold of Doug to make sure he has the plan that they are supposed to have too so. All right any other questions? I think we have gone through all those. Okay. At this time I will entertain a motion to close the Pre- Council Meeting. De Weerd: So moved. Bird: Second. Corrie: Motion has been made and second to close the Pre-Council Meeting of Tuesday April the 8th. All those in favor say aye. All ayes motion carried. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 7:00 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: .. _, c~'-'---"~~"-~U_--""-'-'~~........______-.....'"c.~ ..~_<, ~~~R lQ;itU~ de Lua,d . ~~ CoWYlC!Al ?(e~,tcLwct ATTESTED: I ntLnrr< 6rru'ftrt WILLIAM G. BERG, JR., C1lY ~K 2 ~6 0$ ~ -.., '!?-~ $' ':-I'I"IICbt'~"'T,{ , ~\\\\",\ ,"! 1_ \ \ \ \ 5 / 20 / 03 DATE April 4, 2003 PP 02-034 MERIDIAN CITY COUNCIL MEETING APPLICANT Tamura and Associates April 8, 2003 ITEM NO. -.3. c. REQUEST Findings - Request for Preliminary Plat approval of 7 building lots on 14.31 acres in C-G and R-40 zones for proposed Devon Park Subdivision - 824 East Fairview Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings vJL ()/p~ Contacted: Date:# Phone: ,<'4~,;J(t~ I LIt^- resented at public meetings shall become property of the City of Meridian. RECEIVE MAR 2 6 2003 CITY OF MERIDIAN CITY CLERK OFFlr;F BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03/18/03 03/25/03 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR DEVON PARK ) SUBDIVISION, LOCATED ) APPROXIMATELY 14.31 ACRES IN ) SIZE AND IS GENERALLY) LOCATED ON THE NORTH SIDE ) OFE. FAlRVIEW AVENUE, ) APPROXIMATEL Y ~ MILE EAST ) OF N. MERIDIAN ROAD, ) MERIDIAN, IDAHO ) ) BY: TAMURA & ASSOCIATES, ) ) APPLICANT ) ) Case No. PP-02-034 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on March 18, 2003, and continued until March 25,2003, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, Doug Tamura, Christy Richardson, and Randy Hopkins, appeared and testified, and the City Council having received a report from David McKinnon Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part ofthe record oftms matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the revised plat "PRELIMINARY PLAT OF DEVON PARK FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DEVON PARK SUBDIVISION! (PP-02-034) 1 SUBDIVISION A PARCEL LAND LOCATED IN THE SOUTHWEST \4 OF THE SOUTHEAST 14 OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDHAO. 2002, DEVON PARK SUBDIVISION PRELIMINARY PLAT MERIDIAN, IDAHO, DESIGNED DD, PROJECT 02-129, FILE NO. 02129PR2, DATE 12-09-02, SHEET S-1, REVISIONS: ADD UTILITY SERVICES 12/09/2002 GNA, OWNER/DEVELOPER FAIRVIEW LAKES, LLC, TREASURE VALLEY ENGINEERS CIVIL/STRUCTURAL ENGINEERING", Tamura & Associates submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code ~ 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis amended Comprehensive Plan and Map, adopted August 6,2002, Resolution No. 02-382, and the property is presently zoned C-N and C-G, and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 Hand K] 2. The preliminary plat is in conformance with the amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DEVON PARK SUBDIVISION / (PP-02-034) 2 3. It is determined that public services can be made available to accommodate the proposed development ifthe plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Interim Director and the Engineering Teclmician III and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council ofthe Plalll1ing and Zoning Commission is reasonable and appropriate for the conditions of approval ofthe preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing ofthe preliminary plat herein designated as: "PRELIMINARY PLAT OF DEVON PARK SUBDIVISION A PARCEL LAND LOCATED IN THE SOUTHWEST 14 OF THE SOUTHEAST 14 OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDHAO. 2002, DEVON PARK SUBDIVISION FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DEVON PARK SUBDIVISION / (PP-02-034) 3 PRELIMINARY PLAT MERIDIAN, IDAHO, DESIGNED DD, PROJECT 02-129, FILE NO. 02129PR2, DATE 12-09-02, SHEET S-I, REVISIONS: ADD UTILITY SERVICES 12/0912002 GNA, OWNERlDEVELOPERFAIRVIEW LAKES, LLC, TREASURE VALLEY ENGINEERS CIVIL/STRUCTURAL ENGINEERING". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code 9 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. The Preliminary Plat of the applicant as evidenced by "PRELillINARY PLAT OF DEVON PARK SUBDIVISION A PARCEL LAND LOCATED IN THE SOUTHWEST Y4 OF THE SOUTHEAST Y4 OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDHAO. 2002, DEVON PARK SUBDIVISION PRELIMlNARY PLAT MERIDIAN, IDAHO, DESIGNED DD, PROJECT 02-129, FILE NO. 02129PR2, DATE 12-09-02, SHEET S-l, REVISIONS: ADD UTILITY SERVICES 12/09/2002 GNA, OWNERlDEVELOPERFAIRVIEW LAKES, LLC, TREASURE VALLEY ENGINEERS CIVIL/STRUCTURAL ENGINEERING", is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Additional landscaping shall be added to the landscape buffer of the lots adjacent to the southern terminus of Teare Avenue. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELilllNARY PLAT DEVON PARK SUBDIVISION / (PP-02-034) 4 B. Adopt the Reconunendations of the Plalll1ing and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS / PRELIMINARY PLAT 1. Sanitary sewer and water service to this site shall be via main line extension from the existing mains adjacent to the property. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 2. The applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by The Nampa & Meridian Irrigation District, however the preliminary plat map doesn't indicate the source. Revise the plat to show how the system is going to be served (ie connection to the existing Settlers Park Subdivision's system, or independent pumping facilities). Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface 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 conunon areas prior to signature on the final plat by the Meridian City Engineer. 3. A revised and detailed landscape plan shall be submitted with the Final Plat application. The revised landscape plan shall include the following changes: A. A ten foot (10') wide landscape buffer shall be provided on all local streets within the subdivision. B. No more than twelve (12) parking stalls shall be linearly arranged without a landscape island containing a minimum of fifty (50) square feet, containing at least one tree and being at least five feet (5') wide. C. The landscape buffer on the western property line where the property backs up to residential property (the mobile home park) shall be a minimum of twenty feet (20') wide. 4. Add or revise the following preliminary plat notes: (10.) Any re-subdivision ofthis plat shall be in compliance with the most FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DEVON PARK SUBDIVISION / (PP-02-034) 5 recently approved subdivision standards of the City of Meridian. (11.) The thirty-five foot (35') wide landscape buffer on Fairview Avenue and the ten foot (10') wide landscape buffers adjacent to the local streets within the subdivision shall be maintained by the Business Owners Association. (12.) All development within this subdivision shall be in accordance with Conditional Use Permit, file no. CUP-02-014. 5. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1 OO-year storm events, and for a period oftime not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. 6. Water held within the ponds shall be continuously circulated or shall be treated in another manner to prevent the ponds from becoming stagnant. 7. Applicant shall revise the plat to correct the placement of the arrows depicting the 35' wide landscape buffer so that they do not include 45' (the extra ten feet is a right-of-way dedication). 8. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. GENERAL COMMENTS 1. Submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DEVON PARK SUBDIVISION / (PP-02-034) 6 Department and the City of Meridian Fire Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All irrigation ditches, laterals or canals, exclusive of natural watetways, 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 (ditch owner's), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature 5. Developer shall coordinate mailbox locations with the Meridian Post Office. 6. Remove any existing domestic wells and/or septic systems within this project 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. 7. 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 detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 8. 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. 9. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum ofthree feet above the highest established normal groundwater elevation. 10. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DEVON PARK SUBDIVISION / (PP-02-034) 7 1. Dedicate 60-feet of right-of-way from the centerline of Fairview Avenue abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way ifthe owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct a 5-foot concrete sidewalk on Fairview Avenue located 2-feet within the new right-of-way. If the sidewalk meanders, the sidewalk shall meander outside of the right-of-way and the applicant shall provide an easement for the sidewalk. 3. Construct and install the signal and any related roadway improvements that are necessary for the proposed signal at the intersection of Fairview Avenue and the commercial/industrial roadway that extends north into the site. 4. Construct a commercial/industrial roadway that intersects with Fairview Avenue 31 O-feet east of the west property line, as proposed. 5. Construct the internal roadways as 40-foot street sections with curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way, as proposed. The portion of the commercial/industrial roadway that connects to Teare Avenue shall taper appropriately to accommodate for drainage. 6. Construct a 3D-foot wide driveway to intersect Fairview Avenue approximately 240-feet west of the east property line, as proposed. 7. Construct a 30-foot wide driveway to intersect the commercial/industrial roadway a minimum of 50-feet north ofFairview Avenue, as proposed. 8. Construct two 25-foot wide driveways to intersect the commercial/industrial roadway approximately 195-feet north ofFairview A venue, as proposed. These driveways shall align with one another. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DEVON PARK SUBDIVISION I (PP-02-034) 8 9. Construct a 22-foot wide driveway to intersect the commercial/industrial roadway approximately 345-feet north ofFairview Avenue, as proposed. 10. Construct a 22- foot wide driveway to intersect the commercial/industrial roadway that extends north from Fairview Avenue approximately 580-feet north ofFairview Avenue, as proposed. 11. Construct a 35-foot wide driveway to extend directly north ofthe commercial/industrial roadway and proposed to intersect the northern portion of the cul-de-sac, as proposed. 12. Construct a 25-foot driveway to intersect the commercial/industrial roadway that extends from Fairview Avenue north and is proposed to be located 50-feet north of the commercial/industrial roadway that runs east and west, as proposed. 13. Construct two 30-foot wide driveways to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 160-feet east of the commerciallindustriaI roadway that extends from Fairview Avenue to the north, as proposed. 14. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. 15. Extend Teare Avenue as a 40-foot street section with curb, gutter and 5- foot concrete sidewalk within 54-feet ofright-of-way, as proposed. 16. Terminate Clarene Street at its current location and construct bollards for emergency access only, as proposed. 17. Construct a cul-de-sac turnaround at the north end of the commercial/industrial roadway that extends north from Fairview Avenue. The cul-de-sac turnaround shall be constructed to provide a minimum turning radius of 55-feet. 18. Comply with all Standard Conditions of ApprovaL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT DEVON PARK SUBDNISION / (PP-02-034) 9 Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of- way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damage curb, gutter and sidewalk and any that may be damaged during the construction ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 8. It is the responsibility afthe applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELTh1INARY PLAT DEVON PARK SUBDIVISION / (PP-02-034) 10 9. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. lO. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: L Commercial occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. The fire department requests that any future signalization installed as the result ofthe development ofthis project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 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. 7. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. The typical street width of 34' will be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DEVON PARK SUBDIVISION / (PP-02-034) 11 allowed to have parking on both sides. The typical street with a minimum width of29' will be required to have restricted parking to only one side. UFC 902.2.2.1 8. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 9. 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. 10. The proposed 7-10t subdivision will have an unlmown transient population and will have an unknown impact on Meridian Fire Department call volume. E. Adopt the Recommendation of the Nampa & Meridian Irrigation District. 1. Applicant shall apply for a land use change/site application. F. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated tlrrough a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the Comments of Sanitary Service as follows: 1. No waste enclosure plans were submitted on the Plat Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DEVON PARK SUBDIVISION I (pP-02-034) 12 H. Adopt the action of the City Council taken at their March 25, 2003 meeting as follows: 1. F or clarification, the request to remove the bollards off of the cOlmection of Teare Avenue for Fairview Lakes is approved, and the bollards shall not be required so the connection of Teare Avenue and Fairview Lakes may be achieved. This is per the Applicant's Miscellaneous Application filed as Case No. MI-03-003. By action of the City Council at its regular meeting held on the day of IJ~ ,2003. ROLL CALL 8-0 COUNCILWOMAN McCANDLESS VOTED fjev-L- VOTED~ VOTED$'-' VOTED /Jf;~ COUNCILMAN BIRD COUNCILWOMAN deWEERD COUNCILMAN NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED - Copy served upon Applicant, The Planning and Zoning Department, Public Work[hlll1l11llfl \\\ It" Department and City Attorney. ,"\'~l Of ~~IIII/ A ;:,,'''8 -." ~-;: flut4;/~ '. cP ''''i~ ~ By: ~~ ~ ~ Dated: -1- 8-03 l '" () \ City Clerk :: Z:\Work\M\Meridian\Meridian 15360M\Devon Park Sub PP-02-034\FfClsOrdPP.doc - - - ... FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DEVON P ARK SUBDIVISION I (pP-02-034) 13 April 4, 2003 AZ 02-029 MERIDIAN CITY COUNCIL MEETING AprilS,2003 APPLICANT Howell-Murdoch Development Corp. ITEM NO. 5-D REQUEST Findings - Request for annexation and zoning of 39.92 acres from RUT to R-8 zones for proposed Watersong Estates - northwest corner of North Linder Road and West Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERI DIAN POST OFFICE: OTH ER: See attached Findings ~. () {IJ-/ Mr DG\:ll~ (/lu'{gL Date: Ll1/0 '3 Phone: '37(r73?o t.(j./v i ( Materials presented at public meetings shall become property of the City of Meridian. Contacted: RECEIVED APR 0 1 2003 City Of Meridian City Clerk Office BEFORE THE MERIDIAN CITY COUNCIL C/C 03-25-03 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 39.92 ACRES ) FOR PROPOSED W ATERSONG ) ESTATES SUBDIVISION, ) LOCATED ON THE WESET SIDE ) OF LINDER ROAD, ~ MILE ) NORTH OF USTICK ROAD, ) MERIDIAN, IDAHO ) ) HOWELL-MURDOCH ) DEVELOPMENT CORPORATION, ) APPLICANT ) Case No. AZ-02-029 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on February 25,2003, and continued until March 25, 2002, at the hour of7:00 p.m., and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and Darin Fluke, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONING W A TERSONG ESTATES SUBDIVISION (AZ-02-029) and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 39.92 acres in size and is located on the west side of Linder Road, Y4 mile north of U stick Road, Meridian, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The owner of record ofthe subject property is Howell-Murdoch Development Corporation, 4822 N. Rosepoint Way, Suite C, Boise, Idaho 83713. The applicant is Howell- Murdoch Development Corporation, 4822 N. Rosepoint Way, Suite C, Boise, Idaho 83713. 5. The property is presently zoned RUT (Ada County), and consists of vacant land. 6. The Applicant requests the property be zoned as R-8 (Medium Density Residential District). 7. The subject property is bordered to the north and south by rural residential/agricultural propeliies (zoned RUT, Ada County), to the east by the proposed Linder Road Middle School (zoned R-4), and to the west by the proposed future phase of Bridget ower Subdivision (zoned R-4). 8. The Applicant proposes to develop the subject property in the following manner: 124 single-family detached building lots and 12 common lots ranging in size from approximately 6,662 s.f. to 12,180 s. f., at an overall gross density of3.18 dwelling units per acre, according to the Preliminary Plat filed with the Meridian City Clerk's office dated 3-7-03. 9. The Applicant requests zoning of the subject real property as R-8, which is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING WATERSONG ESTATES SUBDIVISION (AZ-02-029) consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as follows: Medium Density Residential and Office. 10. There are no significant or scenic features of major importance that affect the consideration of this application. 11. The City Council recognizes the concerns of Wendel Bigham, Joint School District No.2, expressed in his letter dated December 4,2002. 12. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: ANNEXATION AND ZONING COMMENTS 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5 -7 - 517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. If the 48-foot right-of-way on N. Linder Road is not dedicated to the Ada County Highway District, all future right-of-way (the portion to be dedicated) shall be platted in a separate common lot within Watersong Estates. In addition, any portion of the future right- of-way beyond 10 feet from edge of pavement shall be planted with a vegetative groundcover and adequately maintained by the Homeowner's Association or other responsible party, in accordance with the City Landscape Ordinance. 3. This development shall be subject to sanitary sewer and water latecomer fees to reimburse those responsible for extending sewer and water service into the area. The latecomer fees for each lot shall be due and payable upon signature on final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING WATERSONG ESTATES SUBDIVISION (AZ-02-029) B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. Provide a Public Right's-of-Way Road Trust Deposit in the amount of$26,000.00 to construct 5-foot concrete sidewalk on Linder Road OR Construct a 5-foot wide concrete sidewalk on Linder Road with an easement provided to the District. The face of sidewalk shall be located a minimum of 41- feet from centerline. 2. Construct Watersong Drive to intersect with Linder Road approximately 415-feet north of the south property line to align with the Meridian Middle School driveway located on the east side of Linder Road. 3. Construct the San Remo Drive/Twin Eagles Way intersection to offset the Cool River Way/San Remo Drive intersection a minimum of 125-feet (measured centerline to centerline) . 4. Construct Watersong Drive from Linder Road to High Altitude Way as a residential collector with a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 50-feet ofright-of-way, as proposed. 5. Construct the internal roadways as 36-foot street sections with curb, gutter and 5- foot attached concrete sidewalk within 50-feet ofright-of-way, as proposed. 6. Construct Timber Lakes Lane as a stub street to extend to the south property line approximately 360-feet east of the west property line, as proposed and install a sign at the terminus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREII. 7. Extend San Remo Drive from the west property line approximately 550-feet north of the south property line, as proposed. 8. Extend Shadow Creek Drive to the west property line approximately 75-feet south of the north property line, as proposed. 9. Construct Cody Creek Way to extend to the north property line approximately 620-feet east ofthe west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREti. 10. Construct four knuckles without islands within the subdivision, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LA W - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING WATERSONG ESTATES SUBDIVISION (AZ-02-029) 11. Construct two cul-de-sac turnarounds without islands to provide a minimum turning radius of 45-feet. 12. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 13. Construct a roundabout located on Watersong Drive at the intersection of High Altitude Way, as proposed. Design the roundabout with a minimum of2l-foot street sections on either side of the center island and dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the roundabout with traffic services staff. 14. Other than the access points specifically approved with this application, direct lot access to Linder Road, Ustick Road and Watersong Drive east of High Altitude Way is prohibited. These restrictions shall be noted on the final Plat. 15. The applicant shall enter into a development agreement with ACHD that outlines right-of-way acquisition, costs, timing and payment; and shall also include an agreement that this development shall be subject to any extraordinary impact fee, LID or other funding source established by the District to improve the surrounding roadways; or shall be subject to the development's proportionate share of surrounding roadway improvements as established by the applicant's traffic impact study. 16. Comply with all Standard Conditions of ApprovaL Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING W A TERSONG ESTATES SUBDIVISION (AZ-02-029) Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING WATERSONG ESTATES SUBDIVISION (AZ-02-029) 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. 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. 5. All roads shall have a turning radius of28' 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. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 8. 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 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. UFC 902.2 10. Building setbacks shall be per the Building Code for one and two story construction. D. Adopt the action of the City Council taken at their March 25,2003 meeting as follows: 1. Based upon the testimony, and the widely recognized need for infrastructure improvements sooner, rather than later, especially as it respects large developments, the Owner/Developer, as condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the developer/ ACHD Group. Therefore, as a condition of annexation, Applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING WATERSONG ESTATES SUBDIVISION (AZ-02-029) 13. It is found that the requested zoning designation, R -8, is harmonious with and in accordance with the effective Comprehensive Plan ('02) and Future Land Use Map. The parcel is designated for Medium Density Residential (3 to 8 dwelling units per acre). The project has a gross density of 3.18 dwelling units per acre and a net density of 5.20 dwelling units per acre. The common open space for the project is 5.54 acres (14.2 % ofthe plat area), per the Preliminary Plat filed with the Meridian City Clerk's office dated 3-7-03. The densities are right in line with density envisioned in the Comprehensive Plan. 14. It is not anticipated that the applicant intends to rezone the subject property in the future. 15. It is found that the proposed single family detached development will be allowed within the requested R-8 zone. 16. It is found that the land to the east and west is being developed in a manner similar to the proposed subdivision. Bridgetower subdivision to the west is zoned R-4; Baldwin Park Subdivision to the northeast is zoned R-8. ACHD has reviewed the adjacent street capacity and has approved the proposed subdivision (with conditions). Under the new CIP-based policies of ACHD, the agency is unable to purchase the additional needed right-of-way for the future widening of Linder Road. It is recommended that the future right-of-way depicted on the plat be preserved in a common lot, owned and maintained by the homeowners association until such time as it can be purchased by ACHD or the right-of-way should be dedicated directly to ACHD prior to annexation. 17. It is found that tlle proposed use (single family residential) is designed appropriately to match with the existing and intended character of the area is in harmony with the intended future land use envisioned by the Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING WATERSONG ESTATES SUBDIVISION (AZ-02-029) 18. It is not anticipated that the proposed residential and office uses will be hazardous or disturbing to future or existing neighbors, as long as the recommended conditions of approval are complied with. 19. It is found that the property to be aIUlexed will be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. In the future right-of-way is preserved through dedication or a common lot, the future capacity of the road system will be protected. Review of the ACHD, Police and Fire Department's comments concerning this subdivision will provide further information regarding public services. 20. It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 21. It is fonnd that the proposed subdivision will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surronnding area. The fact is also that traffic and noise will increase with the approval of this subdivision; however it is felt that the amonnt generated will not be detrimental to the public welfare of the city. 22. It is found that the subdivision's vehicular approaches off of Linder Road will create new traffic on surrounding roads. However, it is not believed that the subdivision entrances will cause significant interference on the surrounding public streets. Review ACHD comments concerning vehicular approaches and traffic generation. 23. It is fonnd that no natural or scenic features of major importance will be lost or damaged by approving the annexation and re-zone. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. The White Drain courses along the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLlCA nON FOR ANNEXATION AND ZONING WATERSONG ESTATES SUBDIVISION (AZ-02-029) northeast corner of the subject property, which has been developed as an open space greenbelt and path system within Bridgetower. The proposed development includes a common lot adjacent to the White Drain, but no pathway is currently proposed. 24. It is found that the annexation of this property would be in the best interest of the City. 25. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the economic welfare oHhe City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 26. It is also found that the development considerations as referenced in Finding No. 12 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character oHhe affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page] 0 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING WATERSONG ESTATES SUBDIVISION (AZ-02-029) Meridian City Code ~ 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Plmming Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals I through 10, inclusive. 5. The zoning of Medium Density Residential (R-8) is defined in the Zoning Ordinance at ~ 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose ofthe R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan oftlle City and is also designed to permit the conversion of large homes into tow-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. Since the mmexation and zoning of land is a legislative function, the City has authority to place conditions upon the mmexation of land. See Burt vs. The City ofldallO Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING WATERSONG ESTATES SUBDIVISION (AZ-02-029) ( development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for armexation and zoning of approximately 39.92 acres to Medium Density Residential (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 39.92 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: ANNEXA nON AND ZONING COMMENTS 1. Remove any existing domestic wells and/or septic systems within this project from FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING WATERSONG ESTATES SUBDNISION (AZ-02-029) their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. If the 48-foot right-of-way on N. Linder Road is not dedicated to the Ada County Highway District, all future right-of-way (the portion to be dedicated) shall be platted in a separate common lot within Watersong Estates. In addition, any portion of the future right- of-way beyond 10 feet from edge of pavement shall be planted with a vegetative groundcover and adequately maintained by the Homeowner's Association or other responsible party, in accordance with the City Landscape Ordinance. 3. This development shall be subject to sanitary sewer and water latecomer fees to reimburse those responsible for extending sewer and water service into the area. The latecomer fees for each lot shall be due and payable upon signature on final plat. B. Adopt the Recommendations of the ACHD as follows; Site Specific Conditions of Approval 1. Provide a Public Right's-of- Way Road Trust Deposit in the amount of $26,000.00 to construct 5-foot concrete sidewalk on Linder Road OR Construct a 5-foot wide concrete sidewalk on Linder Road with an easement provided to the District. The face of sidewalk shall be located a minimum of 41- feet from centerline. 2. Construct Watersong Drive to intersect with Linder Road approximately 415-feet north of the south propeliy line to align with the Meridian Middle School driveway located on the east side of Linder Road. 3. Construct the San Remo Drive/Twin Eagles Way intersection to offset the Cool River Way/San Remo Drive intersection a minimum of 125-feet (measured centerline to centerline). 4. Construct Watersong Drive from Linder Road to High Altitude Way as a residential collector with a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed. 5. Construct the internal roadways as 36-foot street sections with curb, gutter and 5-foot attached concrete sidewalk within 50-feet ofright-of-way, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING WATERSONG ESTATES SUBDIVISION (AZ-02-029) 6. Construct Timber Lakes Lane as a stub street to extend to the south property line approximately 360-feet east ofthe west property line, as proposed and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE" . 7. Extend San Remo Drive from the west property line approximately 550-feet north of the south property line, as proposed. 8. Extend Shadow Creek Drive to the west property line approximately 75-feet south of the north property line, as proposed. 9. Construct Cody Creek Way to extend to the north property line approximately 620- feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 1 O. Construct four knuckles without islands within the subdivision, as proposed. 11. Construct two cul-de-sac turnarounds without islands to provide a minimum turning radius of 45-feet. 12. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 13. Construct a roundabout located on Watersong Drive at the intersection of High Altitude Way, as proposed. Design the roundabout with a minimum of2l-foot street sections on either side of the center island and dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the roundabout with traffic services staff. 14. Other than the access points specifically approved with this application, direct lot access to Linder Road, Ustick Road and Watersong Drive east of High Altitude Way is prohibited. These restrictions shall be noted on the final Plat. 15. The applicant shall enter into a development agreement with ACHD that outlines right-of-way acquisition, costs, timing and payment; and shall also include an agreement that this development shall be subject to any extraordinary impact fee, LID or other funding source established by the District to improve the surrounding roadways; or shall be subject to the development's proportionate share of surrounding roadway improvements as established by the applicant's traffic impact study. 16. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING WATERSONG ESTATES SUBDIVISION (AZ-02-029) Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofldaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING WATERSONG ESTATES SUBDIVISION (AZ-02-029) authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department 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. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. 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. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained fi"ee of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 8. 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 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. UFC 902.2 10. Building setbacks shall be per the Building Code for one and two story construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING W A TERSONG ESTATES SUBDIVISION (AZ-02-029) D. Adopt the action of the City Council taken at their March 25,2003 meeting as follows: 1. Based upon the testimony, and the widely recognized need for infrastructure improvements sooner, rather than later, especially as it respects large developments, the Owner/Developer, as condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the developer/ ACHD Group. Therefore, as a condition of annexation, Applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perfOlm the terms of such agreement or agreements. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation ofthe real property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian City Code S 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 oftrus Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code ~ 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idall0 Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING W A TERSONG ESTATES SUBDIVISION (AZ-02-029) 8:1:&- day of By action of the City Council at its regular meeting held on the /JplL ,2003. ROLL CALL COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Me CANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 1--[3-05 MOTION: ~ APPROVE : DISAPPROVED: VOTED-? VOTED~ VOTED~L VOTED 1!lP~ VOTED - Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. Bydl~).~~ City Clerk Dated: 4- 8 --[) 3 - - z:\ W ork\M\Meri d ian\Mcridian 153 60M\ W alcrsmg Estates AZ-02-o29 PP-02-o30\AZFfCI&OrdcLdoc FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING WATERSONG ESTATES SUBDIVISION (AZ-02-029) YL.u1~ / yo~t 10<"' VUbtJ c.... t\.JOt-1 Q./ - I Vl~Y\. 9-.- ~ i MAYOR Robert D. Corrie J;..\,~.'.' cMe~di;:~~f; \. IDAHO I;: .>. ,y ~ p c: Y QINCE ; \ 1903 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-250 I PARKS & RECREATION (208 888.3579 . Fax 898-5501 PUBLIC WORKS (208} 898-5500 'Fax 887.1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887- I 297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tummy deWeerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, April 8, 2003 at 6:00 P.M. The Meridian City Council will be discussing the following items: Update of School Zone Speed Umit Ordinance Update of Utility Billing Amended Ordinance Discussion of Plumbing Ordinance Amendment Discussion of Electrical Ordinance Amendment Update of Centennial Celebration Arbor Day Celebration Plans Request for Budget Amendment Leasing of Office Space 457 Deferred Compensation Plan Update The public is welcome to attend the meeting_ DATED this 4th day of April, 2003 33 EAST IDAHO · MERIDIAN, IDAHO 83642 (208) 888-4433. Fax (208) 887-4813 . City Clerk Off1ce Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 ** TX CONFIRMATION REPORT ** 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 DATE TIME TO/FROM 04/04 11:44 3810160 04/04 11:47 12084664405 04/04 11:49 8841159 04/04 11:51 2088840744 04/04 11:53 2088467366 04/04 11:55 8985501 04/04 11:57 LIBRARY 04/04 11:59 92083776449 04/04 12:01 208 388 6924 04/04 12:03 2088886854 04/04 12:05 2084674538 04/04 12:07 8950390 04/04 12:10 208 387 6393 04/04 12:12 ADA CTY DEUELMT 04/04 12:15 CHERRY LANE 04/04 12:17 POST OFFICE 04/04 12:20 208 888 1983 04/04 12:23 ID PRESS TRIBUNE 04/04 12:25 208 888 6700 04/04 12:30 Laurel 04/04 12:35 PUBLIC WORKS 04/04 12:40 JIM JOHNSON AS OF APR 04 '03 12:40 PAGE.01 MODE EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S G3--S EC--S EC--S EC--S UF--S ----S CITY OF MERIDIAN MIWSEC PGS 02'24" 005 01'24" 005 01'22" 005 01'23" 005 01'23" 005 01'21" 005 01'48" 005 01'22" 005 01'46" 005 01'21" 005 01'21" 005 01'21" 005 01'21" 005 02'43" 005 01'48" 005 02' 24" 005 01'57" 005 01'23" 005 01'22" 005 01'24" 005 01'07" 005 00'00" 000 CMDl:1 240 240 240 240 240 240 240 240 240 240 240 240 240 240 240 240 240 240 240 240 240 240 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK BUSY -------------------------------------------------------------------------------------------- ~ luLSLt VOS+ ft;r rub/1'6 /VOnCL.-- - I rlanJ:~ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday. April 8. 2003 at 6:00 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. Update of School Zone Speed limit Ordinance: (5 minutes") ~ luLsLt /)os+ *1 rubl/c- NotJ~ -' Il7anLs I CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, April 8, 2003 at 6:00 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. Update of School Zone Speed Limit Ordinance: (5 minutes*) 4. Update of Utility Billing Amended Ordinance: (5 minutes*) 5. Discussion of Plumbina Ordinance Amendment: (5 minutes*) 6. Discussion of Electrical Ordinance Amendment: (5 minutes*) 7. Update of Centennial Celebration: (5 minutes*) 8. Arbor Day Celebration Plans: (5 minutes*) 9. Request for Budaet Amendment leasing of office space: (10 minutes*) 10. 457 Deferred Compensation Plan Update: (5 minutes*) * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Meridian City Council Pre..council Agenda - April 8, 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. *'" TX CONFl ,,, ...n I ON REPORT "'* ( AS OF APR 139 '83 87:" PAGE. 131 CITY OF MERIDIAN DATE TIME TO/FROM mDE MIWSEC PGS CMDll STATUS 01 134/139 137' 19 PUBLIC WORKS UF--S 1313'14" 13<11 1316 OK 02 04/139 137:213 120846644135 EC--S 06'25" 601 1316 OK 63 134/139 137:21 8841159 EC--S 06'24" 1301 1316 OK 84 134/139 137: 22 2088840744 EC--5 121121'23" 6131 1316 OK 05 134/1219 137:23 2688467366 EC-5 6121'23" 13131 1316 OK 136 134/09 07'24 89855131 EC-5 6121'23" 8131 1316 OK 67 134/09 137'24 LIBRARY EC--S 00'27" 001 016 OK 68 134/139 137:25 92083776449 EC--S 1313'23" 0131 12116 OK 69 134/139 137:26 208 388 6924 EC--S 013'27" 1301 1316 OK 113 04/09 137' 27 2008886854 EC--S 013'23" 12101 1316 OK 11 04/139 137'28 895133913 EC--S 00'24" 12161 1316 OK 12 04/09 07'29 2138 387 6393 EC--S 0121'23" 13al 1316 OK 13 134/139 137:3121 ADA CTY DEUELMT G3--S 0121' 41" 001 a16 OK 14 134/09 137'31 CHERRY LANE EC--S 12110'27" 1001 1316 OK 15 l34/09 07'32 POST OFFICE EC--S 136'33" 1301 1316 OK 16 04/09 07'33 208 888 1983 G3--S 121<1'30" 001 016 OK 17 04/09 07'34 lD PRESS TRIBUNE EC-S 10<1'23" 1301 016 OK 18 134/09 107'35 2108 888 671313 EC--S 130'23" 1301 016 OK 19 134/109 137'39 381a160 EC--S 130'33" 1301 016 OK -------------------------------~------------------------------------------------------------ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, April 8, 2003 at 6:00 p.m. City Council Chambers 1. ROil-cali Attendance: -.2L Tammy de Weerd 0 Bill Nary :.:x:= Cherie McCandless I Keith Bird l Mayor Robert Corrie 2. Adoption of the Agenda: qlr""" 3. Update of School Zone Speed Li mit Ordinance: _ (S minutes") 1m;':; 6a.~ i'rv.J~ - /!ruv 1tL- 4. Update of Utility Billing Amended Ordinance: (5 minutes.) Wtn""kfr.y t;,.. ~"-fC - G(Pl~.r; I- J3.,7t /I. 5. Discussion of PlumbinQ Ordinance Amendment: (5 minutes.) ekdc./t,J jJ//vt.e~~/,..c~./ - .re.t- 6. Discussion of Electrical Ordinance Amendment: (5 minutes.) CMd;,'hj pill. regtuN~.r ~.Pel- 7. Update of Centennial Celebration: (5 minutes.) n")'l.'f HI'''*~v. ~d?d!.. 8. Arbor Day Celebration Plans: (5 minutes.) pve.Ien.t:~#- ~'j GlJ-f)'! !lw.,# 9. Request for Budaet Amendment leasing of office space: . (10 minutes.) p4.a..- &ijn.e.~ th>. ~ Jtr"-' ~JG rt>v.a./.:- 10. 457 Deferred Comoensation Plan Update: (S minutes.) b'/7l /)/'..e.I'~ N.rolwl7.n..- .Approximate allowable time settor agenda item may change depending on discussion. Please use the designated time as a guideline only, M~ridi.ao Ci'ly Coundl Pu..council Agtnda - Aprile, 200) l'4&t . .of 1 All JMle:nlls.:Jl"I'1=k:I1Ic:d.!l.1 pQ'bUc mt'CIings s~] bccllml propmy oflht Cilr l'lrMQidiu.n.. A.rJyQnc: dcsirin8 ~mD\OI'btiUI1 for &.:;,b:ilitks rallied 10 da;ummu andrcr )!CMi"Sfl p~e.l1t COI'lUld. the City C1.<<k', Offico lU gfl2-4433 It le.ut 48 hourJ pOoc tQ \hI;! pub}~C' mc:ctins. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, April 8,2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: -:t- Tammy de Weerd 0 Bill Nary .--1L. Cherie McCandless L Keith Bird X Mayor Robert Corrie 2. Adoption of the Agenda: 41rrovuv 3. Update of School Zone Speed Limit Ordinance: ~ (5 minutes*) /n-Ih-j bade.-- itv '(/~ - ~ f1'L- 4. Update of Utility Billing Amended Ordinance: (5 minutes*) k/rrrk-Ih.!} 01"- d-t-afC - GQ/I fj.r; J &7/ t/, 5. Discussion of Plumbina Ordinance Amendment: (5 minutes*) eA.eclithJ /III.Jl.efJU'r.t/~/ - S'e {- 6. Discussion of Electrical Ordinance Amendment: (5 minutes"') C'/tedcfn-,y piA re'ZI/IA,r.e~f -J-et- 7. Update of Centennial Celebration: (5 minutes"') nrlf~ l-f/ck-:1Y- 4cU:vte.. 8. Arbor Day Celebration Plans: (5 minutes"') j-?Y€5erd-.ecL 1>1 ~/rp111r,(n 9. Request for Budaet Amendment leasing of office space: _ (10 minutes"') pLu.-CiC.- tldre.e~-f Ch1- ~ tt~n.dA.# NtK-1 (/VaIL.. 10. 457 Deferred Compensation Plan Update: (5 minutes"') ty)7l /H'.ef'1ViL /lRrf f)lu~~ "'Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Meridian City Council Pre-Couneil Agenda ~ April 8, 2003 Page I of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring aeeommodation for disabilities related to doeuments and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. April 4, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT April 8, 2003 ITEM NO. .3 REQUEST Update of School Zone Speed Limit Ordinance 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: /" ;" r'\.-I IJ ~ ~J~');O i1S~ ~y Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. April 4, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT April 8, 2003 ITEM NO. REQUEST Update of Utility Billing Amended Ordinance 4 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: ~ _ ~ 0 tv't 11'"' r.p~~or{U;~~ Contacted: Phone: Date: Materials presented at public meetings shall become property of the City of Meridian. April 4, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT April S, 2003 ITEM NO. 5 REQUEST Discussion of Plumbing Ordinance Amendment AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance _ ~S -" ClM(;~1 ~ / Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of MerJdlan. RECEIVED MAR 2 6 2003 City Of Meridian City Clerk Office CITY OF MERIDIAN ORDINANCE NO. 03- BY: AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, REPEALING CHAPTER 2 TITLE 10, PLUMBING CODE OF THE MERIDIAN CITY CODE AND REENACTING CHAPTER 2, TITLE 10 TO INCORPORATE THE 2000 UNIFORM PLUMBING CODE, INCLUDING APPENDICES "A, B, C, D, E, G, H, I, J AND L", WITH EXCEPTIONS TO SECTION 604.2 - NOT ALLOWING THE USE OF TYPE M COPPER PIPE, AND DELETION OR ADDITIONAL LANGUAGE TO SECTION 218, SECTION 420.0, SECTION 604.1, SECTION 609.10, TABLE 6-4 AND TABLE A-2, TABLE 7-3, SECTION 703.1, SECTION 703.2 AND 710.5, SECTION 704.2, TABLE 7~5, SECTION 707.4, SECTIONS 722.2, 722.3, 722.4, 722.5 AND 722.6, SECTION 807.4, SECTION 908, AND SECTION 1002.3; PROVIDING FOR PENALTY, SEVERABILITY, CONFLICT, V ALIDITY, SAVINGS CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 2 of Title 10 Plumbing Code of the Meridian City Code, be, and the same is hereby repealed. SECTION 2: That Chapter 2 of Title 10 Plumbing Code of the Meridian City Code, be, and the same is hereby reenacted and shall read as follows: SECTION: 10-2-1: 10-2-2: 10-2-3 : 10-2-4: 10-2-5: 10-2-6: 10-2-7: 2000 Uniform Plumbing Code Adopted; Exceptions City and State Licenses Required Permit Required; Application; Issuance Inspection Requirements Nonliability Of City Va1idity Penalty 10-2-8: 10-2-9: 10-2-10: 10-2-11: Severability Conflict Savings Clause Date of Effect 10-2-1: 2000 UNIFORM PLUMBING CODE ADOPTED; EXCEPTIONS: A. Adoption; Copies On File: There is hereby adopted by the City for the purpose of establishing minimum standards of design, materials and workmanship for all plumbing hereafter installed, altered or repaired, and to establish methods of procedure within the City limits, that certain plumbing code known as the Uniform Plumbing Code, 2000 Edition, including Appendices "A, B, C, D, E, G, H, I, J and L", with exceptions to Section 604.2, not allowing the use of Type M copper pipe, and deletion or additional language to Section 218, Section 420.0, Section 604.1, Section 609.10, Table 6-4 And Table A-2, Table 7-3, Section 703.1, Section 703.2 And 710.5, Section 704.2, Table 7-5, Section 70704, Sections 722.2, 722.3, 72204, 722.5 and 722.6, Section 80704, Section 908, and Section 1002.3, of which not less than one (1) copy has been and now is filed in the office of the City Clerk, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Chapter shall take effect, the provisions thereof shall control the installation, alteration or repairing of plumbing within the corporate limits of the City. B. Additions And Deletions: Provided, however, the below stated addition and deletions to the Uniform Plumbing Code, 2000 Edition, are also hereby adopted which addition and deletions, if in conflict with the Uniform Plumbing Code (UPC), shall overrule said UPC; the addition and deletion are stated as follows: 1. Moving Buildings; Inspection: When a building is moved from one location to another, the service entrance shall be inspected and made to conform to the requirements of the current edition of the Uniform Plumbing Code. 2. Copper Tubing: The Exception under section 604.2 - Use of Copper Tubing, shall have a weight of not less than Type L, and the exception which reads as fol1ows: Exception: Type M copper tubing may be used for water piping when piping is above ground in, or on, a building or underground outside of structures, is hereby deleted from the 2000 Uniform Plumbing Code as it pertains to the City. 3. Section 218: Delete definition of "Plumbing System" and incorporate definition of "Plumbing System" as set forth in Section 54-2604, Idaho Code. 4. Section 420.0: Pressure balance or thermostatic mixing valves are not required for high flow (over eight (8) g.p.m.) tub filler valves with hand shower sets attached. 5. Section 604.1. Materials: Crosslinked Polyethylene (PEX) Tubing manufactured to ASTM - F8761F877 and tested, approved, and listed to ANSIINSF 14 and 61, for potable water, and Crosslinked Polyethylene, Aluminum Crosslinked Polyethylene (PEXI ALIPEX) along with Polyethylene, Aluminum, Polyethylene (PEl ALIPE) manufactured to ASTM - F12811F1282 and tested, approved, and listed to the ANSIINSF 61, for potable water along with all applicable installation standards may be used for hot and cold water distribution systems within a building or cold water distribution systems outside of a building. Listed PE (polyethylene) water service and yard piping may be installed within a building (above ground and below ground) with one (1) joint, provided that only listed and approved metallic transition fittings shall be used. 6. Section 609.10: Water hammer. Does not apply to residential construction. 7. Table 6-4 And Table A-2: Change fixture until loading value for bathtub or combination bath/shower, and clothes washers to two (2) fixture units. 8. Table 7-3: Maximum unit loading and maximum length of drainage and vent piping. (EXCEPTION) The building drain and building sewer is not less than four (4) inches extending from its connection with the city or private sewer system and shall run full size to inside the foundation or building lines (ref: Section 717.0). Change fixture unit loading value for clothes washers, domestic to two (2) fixture units. 9. Section 703.1: Underground Drainage And Vent Piping: No portion of the drainage or vent system installed underground, underground under concrete or below a basement or cellar shall be less than two (2) inches in diameter. 10. Section 703.2 And 710.5: Add Exception. In single family dwellings, one (1) fixture unit may be allowed for each gallon per minute of flow from a pump or a sump ejector. 11. Section 704.2 Double sanitary tees may be used for back to back or side by side fixture trap arms without increasing the barrel size. 12. Table 7-5: Change fixture unit loading value for one and a half (l1i) inch horizontal drainage to two (2) fixture units. 13. Section 707.4 Cleanouts: A full-sized accessible cleanout shall be installed in the vertical immediately above the floor or at the base of each waste or soil stack. A full- size cleanout extending to or above-finished grade line shall be installed at the junction of the building drain and the building sewer (ref.: Section 719.1). Cleanouts shall be installed at fifty (50) foot intervals in horizontal drain lines two (2) inches or smaller. 14. Sections 722.2, 722.3, 72204, 722.5 and 722.6 delete. 15. Section 807.4: A domestic dishwashing machine may be installed without the use of an airgap if the drain hose is looped to the bottom side of the counter top and secured properly. 16. Section 908. Exception - Vertical Wet Venting: A horizontal wet vent may be created provided it is created in a vertical position and all other requirements of Section 908 are met. 17. Section 1002.3: Trap arms may not exceed one hundred eighty (180) degrees of horizontal turn without the use of a cleanout. 10-2-2: CITY AND STATE LICENSES REQUIRED: A. Licenses: It shall be unlawful for any person to carry on the business of plumbing without first having secured a State license and a City license to do so. B. License Fees: Before any license is issued, the applicant shall pay to the City Building Department a license fee in accordance with the following schedule: Plumbing contractor $40.00 Journeyman plumber 10.00 Apprentice plumber None C. Expiration And Renewal Of Licenses: All licenses shall expire upon and shall be renewed not later than December 31 of each year. 10-2-3: PERMIT REQUIRED; APPLICATION; ISSUANCE: A. Permit Required: It shall be unlawful for any person to place or install in any building any plumbing apparatus or fixture, or to make any alterations or changes in, or additions to any plumbing apparatus or fixtures for such use, without first obtaining from the City Building Department a written plumbing permit to do such work. B. Contents Of Permit; Submission Of Plan: Such permit shall state the kind of work to be done and the amount, and shall cover only work so specified. The contractor, person, firm or corporation shall submit a plan of the plumbing system to be followed, if deemed necessary by the Plumbing Inspector. Said permit shall also state the location by street and number of the building where such work is to be done, and shall be valid only for the location stated. C. Exception; Inspection And Approval: Provided, however, that this Section shall not be construed as requiring a permit for ordinary repairs to old installations where the cost value of such repairs, including material and labor, does not exceed fifty dollars ($50.00), but in all cases, the Plumbing Inspector must be notified immediately upon the completion of such work for his inspection and approval. D. Permit And Inspection Fees: Fees for permits and inspections shall be fixed by the City Council by resolution. 10-2-4: INSPECTION REQUIREMENTS: A. Notice For Inspection; Tag By Inspector: Except as provided in 10-2-4 B (2), it shall be the duty of the City Plumbing Inspector, or the State Inspector if the City so chooses, to inspect or cause to be inspected any and all work for which permits have been issued within forty eight (48) hours (Sundays and holidays excluded) after time of notice, in writing, by the person doing the said work that same is ready for inspection, which will not be considered ready for inspection and covering until all enclosed plumbing, steam heating, furnace work and gas fittings are in place. Inspection shall, when necessary, be made two (2) or three (3) times during progress of installation; first when work is roughed in, and last, when work is completed, and it shall be the duty ofthe City Plumbing Inspector or person qualified and delegated by him and his qualified representative to indicate inspection of any work by a tag or label which shall state the date and whether first or final inspection has been made and it shall be unlawful for any workman or other person to conceal any plumbing pipes until such first inspection tag has been placed. B. Issuance Of Certificate Of Inspection: 1. Upon application for inspection of any plumbing apparatus, or appliances as hereinafter provided, the City Inspector shall, after inspection and examination, issue a certificate showing the results of such examinations and require the necessary corrections be made. 2. Upon the completion of the plumbing in or on any building and prior to being covered up in any fashion, it shall be the duty ofthe corporation, copartnership, firm or individual doing the same to notify the City Plumbing Inspector, who shall inspect the plumbing within three (3) working days after the notification to him that the plumbing has been completed. If the City Plumbing Inspector does not inspect within three (3) days, the plumbing may be covered; however, the licensee shall still be required to obtain the certificate of inspection. Ifthe plumbing is approved by the City Plumbing Inspector, he shall issue a certificate of proper inspection which shall contain the date of inspection and an outline of the result. It shall be unlawful for any person to turn on or connect the water with such installation until such certificate shall be issued; and it shall be unlawful to make any change, alteration or extension in or to the plumbing of any building after inspection without first notifying said City Plumbing Inspector and procuring a permit therefor. C. Disconnect Defective Plumbing Facilities: 1. If the said City Plumbing Inspector shall find any part of any plumbing apparatus or fixtures in or on any building in the City to have been installed without a permit or not in accordance with the provisions of this Chapter or to be dangerous to life or property, the City Plumbing Inspector shall have the right and power and it is hereby made his duty to disconnect such defective plumbing and place a seal upon it. He shall at the same time give written notice of such disconnection to the owner or occupant of the building. 2. After such disconnected plumbing apparatus or fixtures have been put in the condition required by this Chapter, the seal or seals so placed shall be removed by said City Plumbing Inspector. It shall be unlawful for any person to use any water through, or by means of, such disconnected plumbing apparatus or fixtures or to attach other pipes for the supply of water to such disconnected plumbing apparatus or fixtures or to remove, break or deface any seal so placed. D. Right Of Entry: The City Plumbing Inspector shall have the right to enter any premises at all reasonable hours for the purpose of inspecting the same. E. Inspection Fees: Before any inspection is undertaken, the applicant shall pay to the City Building Department an inspection fee as established by the City Plumbing Inspector and approved by the City Council by resolution, which inspection fee, or schedule thereof, shall be available at the City Clerk's and Building Departments office during regular business hours. 10-2-5: NONLIABILITY OF CITY: This Chapter shall not be construed to relieve from or lessen the responsibility of any person owning, operating or installing any plumbing pipes, appliances, apparatus, construction or equipment for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the City or any agent thereofbe held as assuming such liability by reason of inspection authorized herein or certificate of inspection issued by the City Plumbing Inspector. 10-2-6: VALIDITY: Should any section, paragraph, sentence, clause or phrase of this Chapter or of the Code hereby adopted be declared unconstitutional or invalid for any reason or cause, the remainder of said Chapter or Code shall not be affected thereby and the same shall not invalidate or void the remainder of this Chapter or said Code. 10-2-7: PENALTY: Any person violating the provisions ofthis Chapter shall be deemed guilty of a misdemeanor. 10-3-8: SEVERABILITY: The provisions of this chapter shall be deemed severable and a finding by a court of law that a provision of this chapter is unlawful shall have no effect on the remaining provisions. 10-3-9: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. 10-3-10: SAVINGS CLAUSE: This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance takes effect. 10-3-11: DATE OF EFFECT: This ordinance shall be in full force and effect after its passage, approval and publication, on ,2003. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2003. Mayor Robert D. Corrie Attest: City Clerk An Ordinance of the City of Meridian By: William G. Berg, Jr., City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: Z:\Work\M\Meridian\Meridian 15360M\2003 Plumbing Code\Plumbing Code.doc April 4. 2003 MERIDIAN CITY COUNCIL MEETING April 8. 2003 APPLICANT ITEM NO. lJI REQUEST Discussion of Electrical Ordinance Amendment AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FI RE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance _~i ,/ a~ t~{I", ~V Contacted: Phone: Date: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED MAR 1 7 2003 CITY OF MERIDIAN City Of Meridian City Clerk Office ORDINANCE NO. 03- BY: AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, REPEALING CHAPTER 3 TITLE 10, ELECTRICAL CODE OF THE MERIDIAN CITY CODE AND REENACTING CHAPTER 3, TITLE 10 TO INCORPORATE THE NATIONAL ELECTRICAL CODE OF 2002 AND ADDITIONS, WITH EXCEPTION OF ARTICLE 80; PROVIDING FOR PENALTY, SEVERABILITY, CONFLICT, VALIDITY, SAVINGS CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 3 of Title 10 Electrical Code ofthe Meridian City Code, be, and the same is hereby repealed. SECTION 2: That Chapter 3 of Title 10 Electrical Code of the Meridian City Code, be, and the same is hereby reenacted and shall read as follows: SECTION: 10-3-1: 10-3-2: 10-3-3 : 10-3-4: 10-3-5: 10-3-6: 10-3-7: 10-3-8: 10-3-9: 10-3-10: 10-3-11: 10-3-13: 10-3-14: National Electrical Code Adopted; Additions State Licenses Required Installations By Owner Of Building Permit Required; Application; Issuance Inspection Requirements Installation Of Meters And Outside Wiring Specifications Of Circuit Wiring Non-liability Of City Validity Penalty Severability Savings Clause Date of Effect ELECTRICAL CODE ORDINANCE ADOPTING NATIONAL ELECTRICAL CODE 2002 Page 1 of6 10-3-1: NATIONAL ELECTRICAL CODE ADOPTED, ADDITIONS: The National Electrical Code of 2002, with exception of Article 80, this Article is informative unless specifically adopted by the local jurisdiction adopting the National Electrical Code. Said National Electrical Code of2002, on file in the City Clerk's office, and the same is hereby adopted and incorporated in full as if set forth at length herein, including additions, which additions, if in conflict with the National Electrical Code, shall ovenule said Code. From the date in which this Chapter takes effect, the provisions thereof shall be controlling within the limits of the City. (Article 80 to the National Electrical Code is not adopted) A. Buildings Moved From One Location To Another: When a building is moved from one location to another the Service Entrance shall be inspected and made to conform to the requirements of the current edition of the National Electrical Code. B. Unfinished Studded Partitions: On November 2, 1963, the State Electrical Board ruled that when unfinished studded partitions are in place in residential basements, indicating that the enclosed areas are intended for rooms, such enclosed areas shall be considered as rooms. The wiring, including receptacle outlets as required by Article 210-52 of the National Electrical Code shall be installed before the wiring of the building is approved. C. Supporting Partitions: When a residential basement is not divided into separate rooms and only an unfinished supporting partition is in place, at least two (2) outlets shall be installed in such supporting partition, facing the area on opposite sides of the partition. D. Utility And Storage Spaces: The requirement that receptacle outlets be installed within six feet (6') from any wall space in dwelling type occupancies Article 210-52 National Electrical Code does not apply to hallways, bathrooms, utility rooms, laundry rooms, furnace rooms and storage spaces. The number of outlets in these areas is optional, but adequate branch circuit capacity must be provided for lighting and for all electrical equipment to be installed in such areas without the use of extension cords. E. Separation Of Buildings By Fire Walls: 1. In general, the National Electrical Code permits only one service to a building Article 230-2 and 230-21. 2. Article 100 ofthe National Electrical Code defines "Building" as UA structure which stands alone or which is cut offfrom adjoining structures by fire walls with all openings therein protected by approved fire doors". F. For the purpose of determining the number of services which may be run to a building or structure, a fire wall shall be a masonry wall, not less than four inches (4") ELECTIUCALCODEORDmANCEADOPTmG NATIONAL ELECTIUCAL CODE 2002 Page 2 of6 thick, which extends from the foundation to the roof sheathing. (Bulletin No.52 issued June 1, 1966.) G. Aluminum Conduit For Mast Type Services Prohibited: When the service conduit is used as a mast to support the service drop, rigid steel conduit, or intermediate metal conduit (IMC), shall be used. Aluminum conduit will not be approved for this purpose unless approved braces are provided to relieve the conduit of horizontal strain. Guy wires will not be approved for this purpose. H. Approval Of Certain Voltage Installations: Due to the many misunderstandings and misinterpretations of the National Electrical Code requirements for conductors and service disconnects, etc., on installations of over six hundred (600) volts, it has become necessary to require that all installations of voltages over six hundred (600) volts that are customer-owned or operated must be submitted for prior plan approval to the Electrical Board representative in the area in which the installation is to be made. (Ord. 433, 5-21-1984) 1. Street Lighting Waiver, Photo-Electric Cell Required: In the event street lighting requirements are waived in the case of an R-4 single-family dwelling development or subdivision, the developer and lot owner shall be responsible for ensuring that there is a yard light installed in the front yard of each house in said development; that the yard light shall be controlled by a photo-electric cell which causes the yard light to come on and shut off automatically and said yard light shall be electrically wired directly to the residence's electrical breaker panel and comply with the National Electrical Code. (Ord.474,4-7-1987) 10-3-2: STATE LICENSE REQUIRED: It shall be unlawful for any person, firm or corporation to carry on the business of electrical wiring without first having secured a State contractors license or have in his possession a license recognized by the State Electrical Bureau. 10-3-3: INSTALLATIONS BY OWNER OF BUILDING: Ifan owner wishes to do wiring in his own building, he may do so without a State license, but he must first obtain a permit as required by Section 10-3-4; the City Electrical Inspector may refuse to issue a permit to such person, if, in his estimation, such person is not competent to install the electrical work to be done under said permit applied for in accordance with the regulations of this Chapter. 10-3-4: PERMIT REQUIRED; APPLICATION; ISSUANCE: It shall be unlawful for any person, firm or corporation to place or install in any building any wiring, apparatus or fixture for the use of electric current for light, heat or power, or to make any alterations or changes in, or additions to any wiring, apparatus or fixtures for such use, without first obtaining from the City Electrical Inspector a written permit to do such work. Such permit shall state the kind of work to be done and the amount, and shall cover only work so specified. The contractor, person, firm or corporation shall submit a plan of the wiring system to be followed, if deemed necessary by the Electrical Inspector. Said permit shall ELECTRICAL CODE ORDINANCE ADOPTING NATIONAL ELECTRICAL CODE 2002 Page 3 of6 also state the location by street and number ofthe building where such work is to be done, and shall be valid only for the location stated. Provided, however, that this Section shall not be construed as requiring a permit for ordinary repairs to the old installations where the cost value of fifty dollars ($50.00), but in all cases, the Electrical Inspector must be notified immediately upon the completion of such work for his inspection and approval. Fees for permits and inspections shall be fixed by the City Council. 10-3-5: INSPECTION REQUIREMENTS: A. Notice For Inspection; Tag By Inspector: It shall be the duty ofthe City Electrical Inspector, or the State Inspector, if the City so chooses, to inspect or cause to be inspected any and all work for which permits have been issued within forty eight (48) hours (weekends and holidays excluded) after time of notice, in writing by the said person doing the said work, that same is ready for inspection, which will not be considered ready for inspection and covering until all enclosed plumbing, steam heating, furnace work and gas fittings are also in place. Inspection shall, when necessary, be made two (2) or three (3) times during the progress ofthe installation; first when said work is roughed in, and last, when work is completed; and it shall be the duty of the City Electrical Inspector or person qualified and delegated by him and his qualified representative to indicate inspection of any work by a tag or label which state the date and whether rough-in or final inspection has been made, and it shall be unlawful for any workman or other person to lath or otherwise conceal any electrical wiring until such rough-in inspection tag has been placed. B. Issuance Of Certificate OfInspection: 1. Upon application for inspection of any wiring apparatus, of appliances as hereinafter provided, the City Electrical Inspector shall, after inspection and examination, issue a certificate showing the results of such examinations and require to be made the necessary corrections. C. Disconnect Defective Electrical Wiring, Fixtures: 1. If the said City Electrical Inspector shall find any part of any electric wiring apparatus of fixtures in or on any building in the City to have been installed without a permit or not in accordance with the provisions of this Chapter, or to be dangerous to life or property, the City Electrical Inspector shall have the right and power and it is hereby made his duty to disconnect such defective wiring and place a seal upon it. He shall at the same time give written notice of such disconnection to the owner or occupant of the building. 2. After such disconnected wiring, apparatus, or fixtures have been put in the condition required by this Chapter, the seal or seals so placed shall be removed by said City Electrical Inspector. It shall be unlawful for any person to use any current, through, or by means of such disconnected wiring, apparatus or fixtures or to attach ELECTRICAL CODE ORDINANCE ADOPTING NATIONAL ELECTRICAL CODE 2002 Page 4 of6 other wires for the supply of current to such disconnected wiring, apparatus or fixtures or to remove, break or deface any seal so placed. D. Right Of Entry: The City Electrical Inspector shall have the right to enter any premises at all reasonable hours for the purpose of inspecting the same. E. Inspection Fees: Before any inspection is undertaken, the applicant shall pay to the City Building Department an inspection fee as established by the City Electrical Inspector and approved by the City Council by resolution which inspection fee, or schedule thereof, shall be available at the City Clerk's and Building Department's office during regular business hours. (Ord. 474, 4-7-1987) 10-3-6: INSTALLATION OF METERS AND OUTSIDE WIRING: A Accessibility; Prohibited Locations: Meters must be placed in a location, free from vibration and accessible to the meter readers, testers and inspectors at all times. Under no circumstances will meters be installed in bathrooms, bedrooms, clothes closets, over doors, in stairways, attics or places likely to cause the visits to the meters to be an annoyance to the occupants. B. Meters must be installed on the outside of buildings at a height of not less than four and one-half feet (4 ~ I) or not more than six feet (6') from the ground. In office buildings, apartment buildings, and commercial buildings of multiple occupancy, meters may be mounted inside, providing a readily accessible place is provided for meters and service equipment. Said meters and service equipment shall be kept free and clear of all obstructions. 10-3-7: SPECIFICATIONS OF CIRCUIT WIRING: All buildings hereinafter erected to be used for public purposes such as, but not limited to, churches, stores, halls, school buildings, commercial garages, manufacturing establishments, auto camps, and gas service stations must be wired in conduit, or permissible metallic covered wire. All provisions herein are effective on final passage and approval and not retroactive. 10-3-8: NONLIABILITY OF CITY: This Chapter shall not be construed to relieve from, or lessen the responsibility of, any person owning, operating or installing any electrical wires, appliances, apparatus, construction or equipment for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the City or any agent thereofbe held as assuming such liability by reason of inspection authorized herein or certificate of inspection issued by the City Electrical Inspector. (Ord. 433,5-21- 1984) 10-3-9: VALIDITY: Should any section, paragraph, sentence, clause or phrase of this Chapter or of the Code hereby adopted be declared unconstitutional or invalid for any reason or cause, the remainder of said Chapter or Code shall not be affected thereby and the same shall not invalidate or void the remainder of this Chapter or said Code. (2002 Code) ELECTRICAL CODE ORDINANCE ADOPTING NATIONAL ELECTRICAL CODE 2002 Page 5 of6 10-3-10: PENALTY: Any person violating the provisions ofthis Chapter shall be deemed guilty of a misdemeanor. (2002 Code) 10-3~11: SEVERABILITY: The provisions of this chapter shall be deemed severable and a finding by a court of law that a provision of this chapter is unlawful shall have no effect on the remaining provisions. 10-3-12: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. 10-3~13: SAVINGS CLAUSE: This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance takes effect. 10-3-14: DATE OF EFFECT: This ordinance shall be in full force and effect after its passage, approval and publication, on ,2003. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ,2003. Mayor Robert D. Corrie Attest: City Clerk An Ordinance of the City of Meridian By: William G. Berg, Jr., City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: ELECTRICAL CODE ORDINANCE ADOPTING NATIONAL ELECTRICAL CODE 2002 Page 6 of6 ( April 4, 2003 MERIDIAN CITY COUNCIL MEETING April 8, 2003 APPLICANT REQUEST Update of Centennial Celebration ITEM NO. T- 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 ~rcA~ ~j Date: Phone: Materials presented at public meetings shall become properly of the City of MerJdian. April 4, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT April 8, 2003 ITEM NO. --B REQUEST Arbor Day Celebration Plans 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: ~~ J. r~j 11 Vd~ l"lt ~l ft~ P Contacted: Dote: Phone: Materials presented at public meetings shall become property of the City of Meridian. April 4, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT April 8, 2003 ITEM NO. '1 REQUEST Request for Budget Amendment leasing of office space AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached J~' 'gJ ~ rli Gl , rj) f I ,~ tvO.,j fV tiG~ V () Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. RECEIVED ."'^'( n 1 211M f' .. ,Ill':: Memo MA,yonS OFrWE CITY OF l'tiEH.U}L\N J (l.~1f\O '7 ~1\T ~ \ 1, \ RECEIVED To: Stacy From: Gary D. Smith, PE CC: file / Mayor Corrie Date: March 31 , 2003 Re: Requestfor Budget Amendment - Leasing of Office Space APR - 4 2001 City of Meridian City Clerk Office Mj~ Stacy: Attached is information I recently received from the owner of the building on Watertower Lane, in which the City is leasing space for the Public Works, Building and Planning & Zoning Departments. We are running out of room in the Public Works / Building Department area caused by the addition of another engineering tech employee and the addition of a helper by two of our contract building inspectors. We also have very little room for storage of building plans. A leased space of 2564 square feet on the first floor of this building was recently vacated by a tenant. This space is improved with several offices, a break room and a conference room with the remainder of the area being open in which that tenant had placed cubicles. The vacated space is wired for data and telephone and is fully carpeted. The vacated tenant is scheduled to remove the cubicles. We presently lease 724 square feet on this first floor, which space consists of a break room and conference room. Because the vacated space has a break room and conference room, the building owner is willing to release us from the lease of the 724 square feet. if we are able to lease this vacated space. The lease cost for the vacated 2564 square feet is proposed at $16.00 per square foot per year. This is a full service lease. The present full service lease cost for our existing 6711 square feet is $16.5J, with that cost changing to $17.00 per square foot on April 1 ,2003. From !he desk of... Gary D. SmIIh, PE pubnc Works D1fector Meridian Public Wolks Department 660 E. watertower Lane. Suite 2CO Meridian, Idaho 83642 (2')8) 89s.55OO Fax: (2)8) 887-1297 . Page 1 Present lease cost, effective April 1, 2003, is: 6711 SF x $17.00/12 months = $9507.00 / Mo. Proposed lease cost with additional space would be: (6711 SF - 724 SF) x $17.00/12 + 2564 SF x $16.00/12 = $11.900.25/ month for the period of time April 1, 2003 to April 1, 2004. This adjustment amounts to a leasing line item budget increase, for the remainder of FY'03, of ($11,900.25 - $9507.00) x 6 months = $14.359.50. My intention for this space is to move the entire Building Department, including inspectors, to the first floor, which will provide much better access for our building permit customers. I would also move our new construction sewer inspectors from upstairs to that location and anticipate moving one of the new construction water inspectors from the Water Department to this location. The conference room and break room would continue to be used by Planning & Zoning Department. As a part of this proposed relocation, we would also incur an expense to connect our telephone system and computer system to this area. The leasing agent said he will support the building owner constructing a new counter for the building permit activities as a part of the lease amount. Additional costs are estimated to be: Telephone system = $1200 to $1700. Computer system cabling = $1000. Therefore, total budget One item increase = $17,100. I would appreciate your review and support of this budget amendment cost increase and your carrying it forward to City Council for their approval. I have previously talked to Mayor Corrie about this proposal so he is aware of it. If you have any questions or need other information, please give me a call. A copy of the proposed lease for this additional space is attached. This proposed lease addendum would terminate at the same date as our original lease. I do have a landlord signed copy of this proposed lease, dated 3/25/03, although it is a faxed copy and not very clear for copying. . Page 2 OLIVEIR CDMMERC'AL REAL ESTATE March 24, 2003 Mr. Gary Smith City of Meridian 660 E. Watertower Lane Suite 202 Meridian, Idaho Re: Proposal to Lease: 660 Watertower Lane, Suite ISO, Meridian, ill Dear Gary: Listed below are the terms and conditions under which William A. Hon ("Landlord") will lease the office space located in Suite 150 at 660 Watertower Lane ("Premises") to The City of Meridian Public Works Department ("Tenanf'). Premises Tenant is interested in leasing approximately 2,564 rentable square feet on the first floor ("Expansion Space"). Upon occupancy of the new premises, Tenant will vacate the approximately 724 RSF currently occupied on the first floor. Henceforth, the total space to be leased by the Tenant shall be 8,551 RSF. Thm! The term of the lease for the original premises and the additional space shall continue to be until March 31,2006. Commencement & Occuoancv Date The commencement date and the date of occupancy shall be May 1,2003. Rental Rate The base rent per rentable square foot per year on a full service gross basis ("Base Rent") for the Expansion Space shall be $16.00/SF. This rental rate shall adjust on April 1, 2004 to $16.50/SF and on April 1, 2005 to SI7.00/SF. The base rent per square foot for the existing second floor space shall remain as per the lease agreement. Ootion to Extend Tenant's existing extension option offive (5) years for the Premises ("Extension Optiont!) shall include the additional lease space. Tenant Improvements Tenant shall occupy the space as built-out. Landlord shall clean the space and repair all damage to the walls. City of Meridian Lease Proposal 3/25/2003 Parkint! Privilet!es Tenant shall have the option to use, at no charge during the teon of the lease and option period, for the use of Ten ant and its employees and visitors, of 4 parking spaces per 1,000 rentable square feet leased in the on-site parking area during the teon of the lease and option period. All such spaces shall be available twenty-four (24) hours a day, seven (7) days a week, every day of the year. Access Tenant shall have 24-hour access to the premises. The building hours are from 8:00 AM to 6:00 PM, Monday through Friday and 8:00 AM to 1:00 PM on Saturdays. Tenant shall be responsible for all costs related to business operations after normal business hours. Brokers Any leasing commissions related to this proposal transaction shall be paid by the Landlord per a separate agreement between Landlord and Thornton Oliver Keller Commercial Real Estate. All teons and conditions set forth above shall be subject to the satisfactory review by both Landlord and Tenant and their counsel of docwnents affecting the proposed Lease Transaction. The terms and conditions referenced above shall not be binding upon Landlord or Tenant until all of the following has occurred: (a) the Lease, and related documents have been approved by the Tenant, and (b) such Lease, and related documents have been fully executed by both Tenant and Landlord. Thank you for your time and effort in reviewing and responding to this proposal. Sincerely, THORNTON OLIVER KELLER COMMERCIAL REAL ESTATE Michael 1. Ballantyne, CCllvl Associate Broker Accepted & Approved: LANDLORD: William A. Hon TENANT: City of Meridian By: By: Date: Date: April 4, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT April 8, 2003 10 ITEM NO. REQUEST 457 Deferred Compensation Plan Update AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: r;;J , rJ.;'vt' {rJ\ r {;~ oj {j!p 5~ Ii} Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. INTEROFFICE MEMO RECEIVED APR - 4 2003 ~~Meridian City l-~erk Office DATE: April 1, 2003 TO: City Council olfe;;dlan~'\ 10.\110 v FROM: Benefits Committee RE: 457 Plans CC: Keith Bird, Tammy DeWeerd, Cherie McCandless, William Nary, Robert Corrie The benefits committee has looked into the cost to have a plan administrator manage the 457 deferred compensation program. The City looked at three (3) vendors, one did not administer governmental plans, one did not respond and one submitted their fees. After reviewing the information the committee was in agreement that it would not be cost effective to have a plan administrator and is recommending the following changes. 1. Utilize two investment firms. Revise the current resolution adding Waddell Reed and Valic as the City's investment firms. 2. Employees in American Funds through Smith Barney would have to roll over their accounts into Waddell Reeds or Valic's plan. No penalties are involved. 3. The Mayor would need to sign an adoption agreement with Waddell Reed to bring their plan in compliance with the IRS regulations. The agreement on file is outdated and does not include recent law changes. An agreement with Valic is already in place. 4. Have Waddell Reed & Valic meet with those employees's participating in American Funds to explain the roll over and differences in investments between the two plans. Employees will then be given the option to participant in Waddell Reed's or Valic's plan. 5. Have Waddell Reed and Valic give group presentations to City employees who are interested in participating in a 457 plan. ~':~ 21 J I\L. Y l'..ILL 111",''11IV1l\1'<!'1 FINANCE DIRECTOR MA YOR ROBERT D. CORRIE / COllNCl1. MEMBERS WILLIAM L.M. NARY KEITH BIRD TAMMY DE WEERD CJIERIE MCCANDLESS ;. -~,t1f -.;' "'" .~y,'.o'" -,. S!: ot{;;:;;;;/;~;t:';.; \; '~ IDAHO J~ -? y "'...., ,4- -'%~):"tl. );l-.......... ---') --'~JiH.........;;t_;I\"" V .~~_.... "'j-r"!lIWCE 1903 JANICE SMITH RETA CUNNINGHAM CATHY DENNISON B..\RBAR,\ IlollLER TERRY PATERNOSTER .:.. , '~'" r ^' n. -."' <" ",} '" ,! ' ".' '-C, -t' " '!' .J'inance 'Departl1'Lent .....~^ ,'i.- -":"_,~~,",;,.,-,.,""."".,<...."..,.....~-~, 33 East Idaho Meridian, [D 83642 (20g) 888-4433 Pax (208) 887-'1813 March 12, 2003 To: Deferred Compensation Committ<;:e From: Janice Smith RE: 457 Plan Service Fees - Pinnacle Pension Services Pinnacle Pension Services - see attached response to fee charges. Summary of Fees that would apply to the City Base fee: $1,400, plus participant fees and hourly fees. Annual Statements $40 Quarterly Statements $60 Basis Points on Assets: 20 Basis Points ifless than $1 Million in assets Enrollment services: $120 per hour Rollover accounts: $15 1 participant Individually directed acct. $50 1 participant Benefit Distributions- Per Terminated Participant $85 Participant Loans Set-up $150 (May be paid by participant) Miscellaneous: Response to requests for information from auditors, c<?rrespondence with IRS, etc. will be billed hourly. Minimum audit charge is $500. Iftransmittal of employee data to Pinnacle is not in computer entry ready format, additional charges will be billed on an hourly basis and will be at least $1 per participant. YLw.~,/ Yo~t to<" VUbll c.... C\.JOt-J CL/ - I v lL:1 y\. <J... '> MAYOR Robert D. Corrie . ". ~ A~t .';.'f',~.-:' .",'... 1f':I': +, ....... J;,.,~:'~ ~ CITY OF Et~~" .~- - >..:., erldian -:; ~\ I IDAHO // {~ /" c:... QY . ~ , SIHC! .' \ 1903 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-2501 PARKS & RECREATION (208 888-3579 . Fax 898.550 I PUBLIC WORKS (208) 898.5500 .Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZONING (208) 884.5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd William L M. Nary Cherie McCandless Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, April 8, 2003 at 6:00 P.M. The Meridian City Council will be discussing the following items: Update of School Zone Speed Umit Ordinance Update of Utility Billing Amended Ordinance Discussion of Plumbing Ordinance Amendment Discussion of Electrical Ordinance Amendment Update of Centennial Celebration Arbor Day Celebration Plans Request for Budget Amendment Leasing of Office Space 457 Deferred Compensation Plan Update The public is welcome to attend the meeting. DATED this 4th day of April, 2003 '. -. 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888.4433. Pax (208) 887-48J3 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 ** TX CONFIRMRTION REPORT ** AS OF RPR 04 '03 12:40 PRGE.01 CITY OF MERIDIRN DATE TIME TO/FROM MODE MIN/SEC PGS CMDI:* STATUS 02 04/04 11:44 3810160 EC--S 02'24" 005 240 OK 03 04/04 11:47 12084664405 EC--S 01'24" 005 240 OK 04 04/04 11:49 8841159 EC--S 01' 22" 005 240 OK 05 04/04 11:51 2088840744 EC--S 01'23" 005 240 OK 06 04/04 11:53 2088467366 EC--S 01'23" 005 240 OK 07 04/04 11:55 8985501 EC--S 01'21" 005 240 OK 08 04/04 11:57 LIBRRRY EC--S 01'48" 005 240 OK 09 04/04 11:59 92083776449 EC--S 01'22" 005 240 OK 10 04/04 12:01 208 388 6924 EC--S 01'46" 005 240 OK 11 04/04 12:03 2088886854 EC--S 01'21" 005 240 OK 12 04/04 12:05 2084674538 EC--S 01'21" 005 240 OK 13 04/04 12:07 8950390 EC--S 01'21" 005 240 OK 14 04/04 12:10 208 387 6393 EC--S 01'21" 005 240 OK 15 04/04 12:12 ADR CTY DEVELMT G3--S 02'43" 005 240 OK 16 04/04 12:15 CHERRY LANE EC--S 01'48" 005 240 OK 17 04/04 12:17 POST OFFICE EC--S 02'24" 005 240 OK 18 04/04 12:20 208 888 1983 G3--S 01'57" 005 240 OK 19 04/04 12:23 ID PRESS TRIBUNE EC--S 01'23" 005 240 OK 20 04/04 12:25 208 888 6700 EC--S 01'22" 005 240 OK 21 04/04 12:30 Laurel EC--S 01'24" 005 240 OK 22 04/04 12:35 PUBLIC WORKS UF--S 01'07" 005 240 OK 23 04/04 12:40 JIM JOHNSON ----S 00'00" 000 240 BUSY -------------------------------------------------------------------------------------------- ~ U_O./>U VOs+ ~r r ubi (6 JUt) n CR.-- - / 'lanA:'::, CITY OF MERIDIAN PRE~COUNCIL MEETING AGENDA TuesdaYJ April 8J 2003 at 6:00 p.m. City Council Chambers 1. RolI~call Attendance: _ Tammy de Weerd Bill Nary Cherie McCandless Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Update of School Zone Speed Limit Ordinance: (5 minutes.) ~ lLovsLt oos+ tt>r rub//c- N()tJ~ "'ll?ani::3 ( CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, April 8, 2003 at 6:00 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. Update of School Zone Speed Limit Ordinance: (5 minutes"') 4. Update of Utility Billing Amended Ordinance: (5 minutes"') 5. Discussion of Plumbinq Ordinance Amendment: (5 minutes"') 6. Discussion of Electrical Ordinance Amendment: (5 minutes"') 7. Update of Centennial Celebration: (5 minutes"') 8. Arbor Day Celebration Plans: (5 minutes"') 9. Request for Budaet Amendment leasing of office space: (10 minutes"') 10. 457 Deferred Compensation Plan Update: (5 minutes"') "'Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Meridian city Council Pre-Counci1 Agenda - April 8, 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 houtS prior to the public meeting. ** TX CONFIt~..4T ION REPORT ** 01 1212 03 04 1215 1216 1217 1218 09 10 11 12 13 14 15 16 17 18 1'3 DATE TIME TO/FROM 1214/09 07: 19 PUBLIC WORKS 1214/09 07:20 1208466441215 04/39 07:21 8841159 1214/09 07:22 2088840744 1214/09 07:23 2088467366 1214/121907:24 8985501 1214/09 1217:24 LIBRARY 04/09 07=25 9212183776449 04/09 1217'26 208 388 6924 04/09 1217'27 2088886854 134/139 07:28 895133913 13<1/121'3 1217:29 2138 387 6393 134/121'3 1217:30 ADA CTY DEVELMT 1214/1219 67:31 CHERRY LANE 1214/121967:32 POST OFFICE 04/1219 1217: 33 208 888 1983 04/0'31217:34 [D PRESS TRIBUNE 04/0'3 1217:35 208 888 6700 1214/1219 1217:39 3816160 ( AS OF APR 1219 '1213 07:~ PAGE. 01 CITY OF MERIDIAN MODE UF--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S G3--S EC--S EC--S EC--S MIWSEC PGS 013'14" 1211211 121121'25" 1211211 1313'24" Bel 00'23" 1301 00'23" 12101 00'23" 12101 El0'27" 12101 0121'23" 0m 1210'27" eel 1210'23" 001 130'24" 1301 00'23" 001 130'41" 1301 1313'27" 001 130'33" 12101 El0'30" 1301 00'23" 12101 00'23" em 00'33" 0131 CMDII 016 12116 016 016 016 1316 016 016 12116 016 12116 1316 016 12116 1316 1316 1316 12116 016 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK --------------~----------------------------------------------------------------------------- CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, April 8. 2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd 0 Bill Nary .x Cherie McCandless X Keith Bird -X... Mayor Robert Corrie 2. Adoption of the Agenda: 41r~ 3. Update of School Zone Speed Limit Ordinance: _ (5minutes*) Iyn;", h<<dv'/;vJt.<ntL - /!ruul'l-- 4. Update of Utility Billing Amended Ordinance: (5 minutes.) werrk;;h'!J 0,.. d->-~ - G/PltJ.r. I- /h71H. 5. Discussion of PlumblnQ Ordinance Amendment; (5 minutes") ekdlhJ flllr.N~-r~~./ - Se r 6. Discussion of Electrical Ordinance Amendment: (5 minutes") C'Md;,h,j piA reitW-~~J -.Pe~ 7. Update of Centennial Celebration: (5 minutes") "nntj I/t'ck~v. tt,#dde- e. Arbor Day Celebration Plans; (5 minutes") f'Y€J~r.uL P'j Clr",:! Jlw.R= 9. Request for Budaet Amendment leasing of office space: . (10 minutes.~ pLu-e<- ~iree~.rn.. ~~~ ~K.z"...,.aI~ 1 o. 457 Deferred ComDensalion Plan Update: (5 minutes") ""ill PN.,F""'- AL,[()Iw/7,i;J "Approximate allowable time settor agenda item may change depending on discussion. Please use the designated time as a guideline only. Mrridi.:m C;ty Counr;il Prt'o'COW'Ieil Agc.pdo. - April I, '2003 Pr.sP:: . of I All ~i:ri:d$.'J'R$eI':Iled.a.l public: mtctina,s: shllJ become prOprrly oftht:: Cit)" ufMcridim IulyOllC 6ctiirlflg ~omrnodtttil,)C rot -dhi,bililin rmled. to doa.lI:I'IC:n:l!: nndl'or ilC9J"i:nss ;liltiUc !.'tc;lntlel. the City Cletk'.B OJf.iCI1 ~ S:~&-4433 IlItJf~ 48" hou", pn()t' io lhe pub'iQ mcdinS- CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, April 8, 2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: --:i.- Tammy de Weerd 0 Bill Nary ~ Cherie McCandless L Keith Bird X Mayor Robert Corrie 2. Adoption of the Agenda: 41 ~ V1.e--' 3. Update of School Zone Speed Limit Ordinance: ~ (5 minutes*) 1n-,?":; bacj~ i-f-v -dfA.rn-f!- - ~ f1t ~ 4. Update of Utility Billing Amended Ordinance: (5 minutes*) fdork/h.y {Jl1- ~afC - Gtf/lfj.r; ./ /?n71 #, 5. Discussion of Plumbinq Ordinance Amendment: (5 minutes*) (Yi€clc-,h.:; jlIILMp4tl-.e'J~J' - S'e {- 6. Discussion of Electrical Ordinance Amendment: (5 minutes*) C'/Leck.rh-,J piA re&t.-Ur.(~f ~J:ef- 7. Update of Centennial Celebration: (5 minutes*) -nn'7 II/c/c-:fy.. Pt/ct.cde. 8. Arbor Day Celebration Plans: (5 minutes*) f'Y'€5.ell.t.et,;L t5'j Glro'1/1w..Jf: 9. Request for Budqet Amendment leasing of office space: . (10 minutes*) pLc<.CL a..jru~f dn- ~ tt~hdlU AiLJG I- vv..ul.:- 10. 457 Deferred Compensation Plan Update: (5 minutes*) /dII7l pr.eI'I'VlL ALlolu.-if-;tT0 * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Meridian City Council Pre-Council Agenda - April 8, 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. April 4, 2003 MERIDIAN CITY COUNCIL MEETING April 8, 2003 ITEM NO. 3 APPLICANT REQUEST Update of School Zone Speed Limit Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FI RE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: -/" a.. J Jp r~' ?;D () ~ flv :J~ vJv rP1S Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. c. April 4, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT April 8, 2003 ITEM NO. REQUEST Update of Utility Billing Amended Ordinance 4 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: ~ f 06U't V f2.. J 1).J ~ '. I () Vt-J- .cY -01./" or 11 f 1"fV~ {)l rJfrP Contacted: Phone: Date: Materials presented at public meetings shall become property of the City of Meridian. April 4, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT April S, 2003 ITEM NO. REQUEST Discussion of Plumbing Ordinance Amendment 5 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: See attached Ordinance 1tv _ ~5 L J {,,/tv" (If~ 0iV\N I tv P Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED MAR 2 6 2003 City Of Meridian City Clerk Office CITY OF MERIDIAN ORDINANCE NO. 03- BY: AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, REPEALING CHAPTER 2 TITLE 10, PLUMBING CODE OF THE MERIDIAN CITY CODE AND REENACTING CHAPTER 2, TITLE 10 TO INCORPORATE THE 2000 UNIFORM PLUMBING CODE, INCLUDING APPENDICES "A, B, C, D, E, G, H, I, J AND L", WITH EXCEPTIONS TO SECTION 604.2 - NOT ALLOWING THE USE OF TYPE M COPPER PIPE, AND DELETION OR ADDITIONAL LANGUAGE TO SECTION 218, SECTION 420.0, SECTION 604.1, SECTION 609.10, TABLE 6-4 AND TABLE A-2, TABLE 7-3, SECTION 703.1, SECTION 703.2 AND 710.5, SECTION 704.2, TABLE 7-5, SECTION 707.4, SECTIONS 722.2, 722.3, 722.4, 722.5 AND 722.6, SECTION 807.4, SECTION 908, AND SECTION 1002.3; PROVIDING FOR PENALTY, SEVERABILITY, CONFLICT, V ALIDITY, SAVINGS CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 2 of Title 10 Plumbing Code of the Meridian City Code, be, and the same is hereby repealed. SECTION 2: That Chapter 2 of Title 10 Plumbing Code of the Meridian City Code, be, and the same is hereby reenacted and shall read as follows: SECTION: 10-2-1: 10-2-2: 10-2-3 : 10-2-4: 10-2-5: 10-2-6: 10-2-7: 2000 Uniform Plumbing Code Adopted; Exceptions City and State Licenses Required Permit Required; Application; Issuance Inspection Requirements Nonliability Of City Validity Penalty 10-2-8: 10-2-9: 10-2-10: 10-2-11 : Severability Conflict Savings Clause Date of Effect 10-2-1: 2000 UNIFORM PLUMBING CODE ADOPTED; EXCEPTIONS: A Adoption; Copies On File: There is hereby adopted by the City for the purpose of establishing minimum standards of design, materials and workmanship for all plwnbing hereafter installed, altered or repaired, and to establish methods of procedure within the City limits, that certain plumbing code known as the Uniform Plumbing Code, 2000 Edition, including Appendices "A, B, C, D, E, G, H, I, J and L", with exceptions to Section 604.2, not allowing the use of Type M copper pipe, and deletion or additional language to Section 218, Section 420.0, Section 604.1, Section 609.10, Table 6-4 And Table A-2, Table 7-3, Section 703.1, Section 703.2 And 710.5, Section 704.2, Table 7-5, Section 707.4, Sections 722.2, 722.3, 722.4, 722.5 and 722.6, Section 807.4, Section 908, and Section 1002.3, of which not less than one (1) copy has been and now is filed in the office of the City Clerk, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Chapter shall take effect, the provisions thereof shall control the installation, alteration or repairing of plumbing within the corporate limits of the City. B. Additions And Deletions: Provided, however, the below stated addition and deletions to the Uniform Plumbing Code, 2000 Edition, are also hereby adopted which addition and deletions, if in conflict with the Uniform Plumbing Code (UPC), shall overrule said UPC; the addition and deletion are stated as follows: 1. Moving Buildings; Inspection: When a building is moved from one location to another, the service entrance shall be inspected and made to conform to the requirements of the current edition of the Uniform Plumbing Code. 2. Copper Tubing: The Exception under section 604.2 - Use of Copper Tubing, shall have a weight of not less than Type L, and the exception which reads as follows: Exception: Type M copper tubing may be used for water piping when piping is above ground in, or on, a building or underground outside of structures, is hereby deleted from the 2000 Uniform Plumbing Code as it pertains to the City. 3. Section 218: Delete definition of "Plumbing System" and incorporate definition of "Plumbing System" as set forth in Section 54-2604, Idaho Code. 4. Section 420.0: Pressure balance or thermostatic mixing valves are not required for high flow (over eight (8) g.p.m.) tub filler valves with hand shower sets attached. 5. Section 604.1. Materials: Crosslinked Polyethylene (PEX) Tubing manufactured to ASTM - F876/F877 and tested, approved, and listed to ANSIINSF 14 and 61, for potable water, and Crosslinked Polyethylene, Aluminum Crosslinked Polyethylene (PEX/ AL/PEX) along with Polyethylene, Aluminum, Polyethylene (pEl AL/PE) manufactured to ASTM - F128l/F1282 and tested, approved, and listed to the ANSIINSF 61, for potable water along with all applicable installation standards may be used for hot and cold water distribution systems within a building or cold water distribution systems outside of a building. Listed PE (polyethylene) water service and yard piping may be installed within a building (above ground and below ground) with one (1) joint, provided that only listed and approved metallic transition fittings shall be used. 6. Section 609.10: Water hammer. Does not apply to residential construction. 7. Table 6-4 And Table A-2: Change fixture until loading value for bathtub or combination bath/shower, and clothes washers to two (2) fixture units. 8. Table 7-3: Maximum unit loading and maximum length of drainage and vent piping. (EXCEPTION) The building drain and building sewer is not less than four (4) inches extending from its connection with the city or private sewer system and shall run full size to inside the foundation or building lines (ref: Section 717.0). Change fixture unit loading value for clothes washers, domestic to two (2) fixture units. 9. Section 703.1: Underground Drainage And Vent Piping: No portion of the drainage or vent system installed underground, underground under concrete or below a basement or cellar shall be less than two (2) inches in diameter. 10. Section 703.2 And 710.5: Add Exception. In single family dwellings, one (1) fixture unit may be allowed for each gallon per minute of flow from a pump or a sump ejector. 11. Section 704.2 Double sanitary tees may be used for back to back or side by side fixture trap arms without increasing the barrel size. 12. Table 7-5: Change fixture unit loading value for one and a half (1 12) inch horizontal drainage to two (2) fixture units. 13. Section 707.4 Cleanouts: A full-sized accessible cleanout shall be installed in the vertical immediately above the floor or at the base of each waste or soil stack. A full- size cleanout extending to or above'finished grade line shall be installed at the junction of the building drain and the building sewer (ref.: Section 719.1). Cleanouts shall be installed at fifty (50) foot intervals in horizontal drain lines two (2) inches or smaller. 14. Sections 722.2, 722.3, 722.4, 722.5 and 722.6 delete. 15. Section 807.4: A domestic dishwashing machine may be installed without the use of an airgap ifthe drain hose is looped to the bottom side ofthe counter top and secured properly. 16. Section 908. Exception - Vertical Wet Venting: A horizontal wet vent may be created provided it is created in a vertical position and all other requirements of Section 908 are met. 17. Section 1002.3: Trap arms may not exceed one hundred eighty (180) degrees of horizontal turn without the use of a cleanout. 10-2-2: CITY AND STATE LICENSES REQUIRED: A. Licenses: It shall be unlawful for any person to carryon the business of plumbing without first having secured a State license and a City license to do so. B. License Fees: Before any license is issued, the applicant shall pay to the City Building Department a license fee in accordance with the following schedule: Plumbing contractor $40.00 Journeyman plumber 10.00 Apprentice plumber None C. Expiration And Renewal Of Licenses: All licenses shall expire upon and shall be renewed not later than December 31 of each year. 10-2-3: PERMIT REQUIRED; APPLICATION; ISSUANCE: A. Permit Required: It shall be unlawful for any person to place or install in any building any plumbing apparatus or fixture, or to make any alterations or changes in, or additions to any plumbing apparatus or fixtures for such use, without first obtaining from the City Building Department a written plumbing permit to do such work. B. Contents Of Permit; Submission Of Plan: Such permit shall state the kind of work to be done and the amount, and shall cover only work so specified. The contractor, person, firm or corporation shall submit a plan of the plumbing system to be followed, if deemed necessary by the Plumbing Inspector. Said permit shall also state the location by street and number of the building where such work is to be done, and shall be valid only for the location stated. C. Exception; Inspection And Approval: Provided, however, that this Section shall not be construed as requiring a permit for ordinary repairs to old installations where the cost value of such repairs, including material and labor, does not exceed fifty dollars ($50.00), but in all cases, the Plumbing Inspector must be notified immediately upon the completion of such work for his inspection and approval. D. Permit And Inspection Fees: Fees for permits and inspections shall be fixed by the City Council by resolution. 10-2-4: INSPECTION REQUIREMENTS: A. Notice For Inspection; Tag By Inspector: Except as provided in 10-2-4 B (2), it shall be the duty of the City Plumbing Inspector, or the State Inspector if the City so chooses, to inspect or cause to be inspected any and all work for which permits have been issued within forty eight (48) hours (Sundays and holidays excluded) after time of notice, in writing, by the person doing the said work that same is ready for inspection, which will not be considered ready for inspection and covering until all enclosed plumbing, steam heating, furnace work and gas fittings are in place. Inspection shall, when necessary, be made two (2) or three (3) times during progress of installation; first when work is roughed in, and last, when work is completed, and it shall be the duty ofthe City Plumbing Inspector or person qualified and delegated by him and his qualified representative to indicate inspection of any work by a tag or label which shall state the date and whether first or final inspection has been made and it shall be unlawful for any workman or other person to conceal any plumbing pipes until such first inspection tag has been placed. B. Issuance Of Certificate Of Inspection: 1. Upon application for inspection of any plumbing apparatus, or appliances as hereinafter provided, the City Inspector shall, after inspection and examination, issue a certificate showing the results of such examinations and require the necessary corrections be made. 2. Upon the completion of the plumbing in or on any building and prior to being covered up in any fashion, it shall be the duty of the corporation, copartnership, firm or individual doing the same to notify the City Plumbing Inspector, who shall inspect the plumbing within three (3) working days after the notification to him that the plumbing has been completed. If the City Plumbing Inspector does not inspect within three (3) days, the plumbing may be covered; however, the licensee shall still be required to obtain the certificate of inspection. If the plumbing is approved by the City Plumbing Inspector, he shall issue a certificate of proper inspection which shall contain the date of inspection and an outline of the result. It shall be unlawful for any person to turn on or connect the water with such installation until such certificate shall be issued; and it shall be unlawful to make any change, alteration or extension in or to the plumbing of any building after inspection without first notifying said City Plumbing Inspector and procuring a permit therefor. C. Disconnect Defective Plumbing Facilities: 1. If the said City Plumbing Inspector shall find any part of any plumbing apparatus or fixtures in or on any building in the City to have been installed without a permit or not in accordance with the provisions of this Chapter or to be dangerous to life or property, the City Plumbing Inspector shall have the right and power and it is hereby made his duty to disconnect such defective plumbing and place a seal upon it. He shall at the same time give written notice of such disconnection to the owner or occupant of the building. 2. After such disconnected plumbing apparatus or fixtures have been put in the condition required by this Chapter, the seal or seals so placed shall be removed by said City Plumbing Inspector. It shall be unlawful for any person to use any water through, or by means of, such disconnected plumbing apparatus or fixtures or to attach other pipes for the supply of water to such disconnected plumbing apparatus or fixtures or to remove, break or deface any seal so placed. D. Right Of Entry: The City Plumbing Inspector shall have the right to enter any premises at all reasonable hours for the purpose of inspecting the same. E. Inspection Fees: Before any inspection is undertaken, the applicant shall pay to the City Building Department an inspection fee as established by the City Plumbing Inspector and approved by the City Council by resolution, which inspection fee, or schedule thereof, shall be available at the City Clerk's and Building Departments office during regular business hours. 10-2-5: NONLIABILITY OF CITY: This Chapter shall not be construed to relieve from or lessen the responsibility of any person owning, operating or installing any plumbing pipes, appliances, apparatus, construction or equipment for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the City or any agent thereofbe held as assuming such liability by reason of inspection authorized herein or certificate of inspection issued by the City Plumbing Inspector. 10-2-6: VALIDITY: Should any section, paragraph, sentence, clause or phrase ofthis Chapter or of the Code hereby adopted be declared unconstitutional or invalid for any reason or cause, the remainder of said Chapter or Code shall not be affected thereby and the same shall not invalidate or void the remainder of this Chapter or said Code. 10-2-7: PENALTY: Any person violating the provisions ofthis Chapter shall be deemed guilty of a misdemeanor. 10-3-8: SEVERABILITY: The provisions of this chapter shall be deemed severable and a finding by a court of law that a provision of this chapter is unlawful shall have no effect on the remaining provisions. 10-3-9: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. 10-3-10: SAVINGS CLAUSE: This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance takes effect. 10-3-11: DATE OF EFFECT: This ordinance shall be in full force and effect after its passage, approval and publication, on ,2003. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2003. Mayor Robert D. Corrie Attest: City Clerk An Ordinance ofthe City of Meridian By: William G. Berg, Jr., City Clerk First Reading: Adopted after first reading by suspension ofthe Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: Z:\ Work\M\Meridian\Meri d ian 15360M\2003 Plumbing Code\Pl urnbing Code.doc April 4, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT April 8, 2003 ITEM NO. 1II REQUEST Discussion of Electrical Ordinance Amendment 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 DISTRJCT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance - ~-< t ~~trv P'~ Contacted: Phone: Date: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN RECEIVED MAR 1 7 2003 City Of Meridian City Clerk Office ORDINANCE NO. 03- BY: AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, REPEALING CHAPTER 3 TITLE 10, ELECTRICAL CODE OF THE MERIDIAN CITY CODE AND REENACTING CHAPTER 3, TITLE 10 TO INCORPORATE THE NA TIONAL ELECTRICAL CODE OF 2002 AND ADDITIONS, WITH EXCEPTION OF ARTICLE 80; PROVIDING FOR PENALTY, SEVERABILITY, CONFLICT, VALIDITY, SAVINGS CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 3 of Title 10 Electrical Code of the Meridian City Code, be, and the same is hereby repealed. SECTION 2: That Chapter 3 of Title 10 Electrical Code of the Meridian City Code, be, and the same is hereby reenacted and shall read as follows: SECTION: 10-3-1: 10-3-2: 10-3-3: 10-3-4: 10-3-5: 10-3-6: 10-3-7: 10-3-8: 10-3-9: 10-3-10: 10-3-11: 10-3-13: 10-3-14: National Electrical Code Adopted; Additions State Licenses Required Installations By Owner Of Building Permit Required; Application; Issuance Inspection Requirements Installation Of Meters And Outside Wiring Specifications Of Circuit Wiring Non-liability Of City Validity Penalty Severability Savings Clause Date of Effect ELECTRICAL CODE ORDINANCE ADOPTING NATIONAL ELECTRICAL CODE 2002 Page 1 of6 10-3-1: NATIONAL ELECTRICAL CODE ADOPTED, ADDITIONS: The National Electrical Code of 2002, with exception of Article 80, this Article is informative unless specifically adopted by the local jurisdiction adopting the National Electrical Code. Said National Electrical Code of 2002, on file in the City Clerk's office, and the same is hereby adopted and incorporated in full as if set forth at length herein, including additions, which additions, if in conflict with the National Electrical Code, shall overrule said Code. From the date in which this Chapter takes effect, the provisions thereof shall be controlling within the limits of the City. (Article 80 to the National Electrical Code is not adopted) A Buildings Moved From One Location To Another: When a building is moved from one location to another the Service Entrance shall be inspected and made to conform to the requirements of the current edition of the National Electrical Code. B. Unfinished Studded Partitions: On November 2, 1963, the State Electrical Board ruled that when unfinished studded partitions are in place in residential basements, indicating that the enclosed areas are intended for rooms, such enclosed areas shall be considered as rooms. The wiring, including receptacle outlets as required by Article 210-52 of the National Electrical Code shall be installed before the wiring ofthe building is approved. C. Supporting Partitions: When a residential basement is not divided into separate rooms and only an unfinished supporting partition is in place, at least two (2) outlets shall be installed in such supporting partition, facing the area on opposite sides ofthe partition. D. Utility And Storage Spaces: The requirement that receptacle outlets be installed within six feet (61) from any wall space in dwelling type occupancies Article 210-52 National Electrical Code does not apply to hallways, bathrooms, utility rooms, laundry rooms, furnace rooms and storage spaces. The number of outlets in these areas is optional, but adequate branch circuit capacity must be provided for lighting and for all electrical equipment to be installed in such areas without the use of extension cords. E. Separation Of Buildings By Fire Walls: L In general, the National Electrical Code permits only one service to a building Article 230-2 and 230-21. 2. Article 100 of the National Electrical Code defines "Building" as "A structure which stands alone or which is cut off from adjoining structures by fire walls with all openings therein protected by approved fire doorsfl. F. For the purpose of determining the number of services which may be run to a building or structure, a fire wall shall be a masonry wall, not less than four inches (4") ELECTRICAL CODE ORDINANCE ADOPTING NATIONAL ELECTRICAL CODE 2002 Page 2 of6 thick, which extends from the foundation to the roof sheathing. (Bulletin No.52 issued June 1, 1966.) G. Aluminum Conduit For Mast Type Services Prohibited: When the service conduit is used as a mast to support the service drop, rigid steel conduit, or intermediate metal conduit (IMC), shall be used. Aluminum conduit will not be approved for this purpose unless approved braces are provided to relieve the conduit of horizontal strain. Guy wires will not be approved for this purpose. H. Approval Of Certain Voltage Installations: Due to the many misunderstandings and misinterpretations of the National Electrical Code requirements for conductors and service disconnects, etc., on installations of over six hundred (600) volts, it has become necessary to require that all installations of voltages over six hundred (600) volts that are customer-owned or operated must be submitted for prior plan approval to the Electrical Board representative in the area in which the installation is to be made. (Ord. 433, 5-21-1984) I. Street Lighting Waiver, Photo-Electric Cell Required: In the event street lighting requirements are waived in the case of an R-4 single-family dwelling development or subdivision, the developer and lot owner shall be responsible for ensuring that there is a yard light installed in the front yard of each house in said development; that the yard light shall be controlled by a photo-electric cell which causes the yard light to come on and shut off automatically and said yard light shall be electrically wired directly to the residence's electrical breaker panel and comply with the National Electrical Code. (Ord. 474,4-7-1987) 10-3-2: STATE LICENSE REQUIRED: It shall be unlawful for any person, firm or corporation to carry on the business of electrical wiring without first having secured a State contractors license or have in his possession a license recognized by the State Electrical Bureau. 10-3-3: INSTALLATIONS BY OWNER OF BUILDING: If an owner wishes to do wiring in his own building, he may do so without a State license, but he must first obtain a permit as required by Section 10-3-4; the City Electrical Inspector may refuse to issue a permit to such person, if, in his estimation, such person is not competent to install the electrical work to be done under said permit applied for in accordance with the regulations of this Chapter. 10-3-4: PERMIT REQUIRED; APPLICATION; ISSUANCE: It shall be unlawful for any person, firm or corporation to place or install in any building any wiring, apparatus or fixture for the use of electric current for light, heat or power, or to make any alterations or changes in, or additions to any wiring, apparatus or fixtures for such use, without first obtaining from the City Electrical Inspector a written permit to do such work. Such permit shall state the kind of work to be done and the amount, and shall cover only work so specified. The contractor, person, firm or corporation shall submit a plan of the wiring system to be followed, if deemed necessary by the Electrical Inspector. Said permit shall ELECTRICAL CODE ORDINANCE ADOPTING NATIONAL ELECTRICAL CODE 2002 Page 3 of6 also state the location by street and number of the building where such work is to be done, and shall be valid only for the location stated. Provided, however, that this Section shall not be construed as requiring a permit for ordinary repairs to the old installations where the cost value offifty dollars ($50.00), but in all cases, the Electrical Inspector must be notified immediately upon the completion of such work for his inspection and approval. Fees for permits and inspections shall be fixed by the City Council. 10-3-5: INSPECTION REQUIREMENTS: A. Notice For Inspection; Tag By Inspector: It shall be the duty of the City Electrical Inspector, or the State Inspector, if the City so chooses, to inspect or cause to be inspected any and all work for which permits have been issued within forty eight (48) hours (weekends and holidays excluded) after time of notice, in vvriting by the said person doing the said work, that same is ready for inspection, which will not be considered ready for inspection and covering until all enclosed plumbing, steam heating, furnace work and gas fittings are also in place. Inspection shall, when necessary, be made two (2) or three (3) times during the progress of the installation; first when said work is roughed in, and last, when work is completed; and it shall be the duty of the City Electrical Inspector or person qualified and delegated by him and his qualified representative to indicate inspection of any work by a tag or label which state the date and whether rough-in or final inspection has been made, and it shall be unlawful for any workman or other person to lath or otherwise conceal any electrical wiring until such rough-in inspection tag has been placed. B. Issuance Of Certificate Of Inspection: 1. Upon application for inspection of any wiring apparatus, of appliances as hereinafter provided, the City Electrical Inspector shall, after inspection and examination, issue a certificate showing the results of such examinations and require to be made the necessary corrections. C. Disconnect Defective Electrical Wiring, Fixtures: 1. If the said City Electrical Inspector shall find any part of any electric wiring apparatus of fixtures in or on any building in the City to have been installed without a permit or not in accordance with the provisions of this Chapter, or to be dangerous to life or property, the City Electrical Inspector shall have the right and power and it is hereby made his duty to disconnect such defective wiring and place a seal upon it. He shall at the same time give written notice of such disconnection to the owner or occupant of the building. 2. After such disconnected wiring, apparatus, or fixtures have been put in the condition required by this Chapter, the seal or seals so placed shall be removed by said City Electrical Inspector. It shall be unlawful for any person to use any current, through, or by means of such disconnected wiring, apparatus or fixtures or to attach ELECTRICAL CODE ORDINANCE ADOPTING NATIONAL ELECTRICAL CODE 2002 Page 4 of6 other wires for the supply of current to such disconnected wiring, apparatus or fixtures or to remove, break or deface any seal so placed. D. Right Of Entry: The City Electrical Inspector shall have the right to enter any premises at all reasonable hours for the purpose of inspecting the same. E. Inspection Fees: Before any inspection is undertaken, the applicant shall pay to the City Building Department an inspection fee as established by the City Electrical Inspector and approved by the City Council by resolution which inspection fee, or schedule thereof, shall be available at the City Clerk's and Building Department's office during regular business hours, (Ord. 474, 4-7-1987) 10-3-6: INSTALLATION OF METERS AND OUTSIDE WIRING: A. Accessibility; Prohibited Locations: Meters must be placed in a location, free from vibration and accessible to the meter readers, testers and inspectors at all times. Under no circumstances will meters be installed in bathrooms, bedrooms, clothes closets, over doors, in stairways, attics or places likely to cause the visits to the meters to be an annoyance to the occupants. B. Meters must be installed on the outside of buildings at a height of not less than four and one-half feet (4 'l2 ') or not more than six feet (6') from the ground. In office buildings, apartment buildings, and commercial buildings of multiple occupancy, meters may be mounted inside, providing a readily accessible place is provided for meters and service equipment. Said meters and service equipment shall be kept free and clear of all obstructions. 10-3-7: SPECIFICATIONS OF CIRCUIT WIRING: All buildings hereinafter erected to be used for public purposes such as, but not limited to, churches, stores, halls, school buildings, commercial garages, manufacturing establishments, auto camps, and gas service stations must be wired in conduit, or permissible metallic covered wire. All provisions herein are effective on final passage and approval and not retroactive. 10-3-8: NONLIABll..ITY OF CITY: This Chapter shall not be construed to relieve from, or lessen the responsibility of, any person owning, operating or installing any electrical wires, appliances, apparatus, construction or equipment for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the City or any agent thereof be held as assuming such liability by reason of inspection authorized herein or certificate of inspection issued by the City Electrical Inspector. (Ord. 433, 5-21- 1984) 10-3-9: VALIDITY: Should any section, paragraph, sentence, clause or phrase of this Chapter or of the Code hereby adopted be declared unconstitutional or invalid for any reason or cause, the remainder of said Chapter or Code shall not be affected thereby and the same shall not invalidate or void the remainder of this Chapter or said Code. (2002 Code) ELECTRICAL CODE ORDINANCE ADOPTING NATIONAL ELECTRICAL CODE 2002 Page 5 of6 10-3-10: PENALTY: Any person violating the provisions of this Chapter shall be deemed guilty ofa misdemeanor. (2002 Code) 10-3-11: SEVERABILITY: The provisions of this chapter shall be deemed severable and a finding by a court oflaw that a provision of this chapter is unlawful shall have no effect on the remaining provisions. 10-3-12: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. 10-3-13: SAVINGS CLAUSE: This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance takes effect. 10-3-14: DATE OF EFFECT: This ordinance shall be in full force and effect after its passage, approval and publication, on ,2003. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ,2003. Mayor Robert D. Come Attest: City Clerk An Ordinance of the City of Meridian By: William G. Berg, Jr., City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: ELECTIUCALCODEORDrnANCEADOPTrnG NATIONAL ELECTRICAL CODE 2002 Page 6 of6 April 4, 2003 MERIDIAN CITY COUNCIL MEETING April 8, 2003 APPLICANT REQUEST Update of Centennial Celebration ITEM NO. T 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 ~rvk} ~j Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. April 4, 2003 MERIDIAN CITY COUNCil MEETING APPLICANT April 8, 2003 ITEM NO. B REQUEST Arbor Day Celebration Plans 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: .jV J~J ~ JttL r- 11 VV~ .~ ~l prt Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. April 4, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT April 8, 2003 ~ ITEM NO. REQUEST Request for Budget Amendment leasing of office space AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FI RE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SmLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ,~ ~ ~ (VJ,~ , rJJ G;r^' ~pJ UG~ ~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. [ City of Meridian Public Works Dept. RECEIVED r .."'"'" n 1 2f!M ;~, :~ .njf.~ Memo M.>\yons Ornf'E CITY OE' liiE i,(WU'tN J (\.~'\O '7 ~1V" ~ \''' \ RECEIVED To: Stacy From: Gary D. Smith, PE cc: file / Mayor Corrie Date: March 31 , 2003 Re: Request for Budget Amendment - Leasing of Offfce Space APR - 4 2001 City of Meridian City Clerk Office M,~ Stacy: Attached is information I recently received from the owner of the building on Watertower Lane, in which the City is leaSing space for the Public Works, Building and Planning & Zoning Departments. We are running out of room in the Public Works / Building Department area caused by the addition of another engineering tech employee and the addition of a helper by two of our contract building inspectors. We also have very little room for storage of building plans. A leased space of 2564 square feet on the first floor of this building was recently vacated by a tenant. This space is improved with several offices, a break room and a conference room with the remainder of the area being open in which that tenant had placed cubicles. The vacated space is wired for data and telephone and is fully carpeted. The vacated tenant is scheduled to remove the cubicles. We presently lease 724 square feet on this first floor, which space consists of a break room and conference room. Because the vacated space has a break room and conference room, the building owner is willing to release us from the lease of the 724 square feet, if we are able to lease this vacated space. The lease cost for the vacated 2564 square feet is proposed at $16.00 per square foot per year. This is a full service lease. The present full service lease cost for our existing 6711 square feet is $16.50, with that cost changing to $17.00 per square foot on April 1 ,2CXJ3. From the desk of... Gal)' D. SmIth. PE PubHc Works Dfrector Meridian Pub~c Works Department 660 E. Wotertower lane. Suite 2C() Meridian. Idaho 83642 (208) 898-5SOO Fax: (LU3)887-1297 . Page 1 Present lease cost, effective Aprill. 2003. is: 6711 SF x $17.(0/12 months = $9507.c)() / Mo. Proposed lease cost with additional space would be: (6711 SF - 724 SF) x $17.(X>/12 + 2564 SF x $16.c)()/12 = $11.900.25 / month for the period of time April 1, 2003 to April 1. 2004. This adjustment amounts to a leasing line item budget increase, for the remainder of FY'03, of ($11,900.25 -$9507.00) x 6 months = $14,359.50. My intention for this space is to move the entire Building Department. including inspectors, to the first floor, which will provide much better access for our building permit customers. I would also move our new construction sewer inspectors from upstairs to that location and anticipate moving one of the new construction water inspectors from the Water Department to this location. The conference room and break room would continue to be used by Planning & Zoning Department. As a part of this proposed relocation, we would also incur an expense to connect our telephone system and computer system to this area. The leasing agent said he will support the building owner constructing a new counter for the building permit activities as a part of the lease amount. Additional costs are estimated to be: Telephone system = $1200 to $1700. Computer system cabling = $1000. Therefore, total budget line item increase = $17,100. I would appreciate your review and support of this budget amendment cost increase and your carrying it forward to City Council for their approval. I have previously talked to Mayor Come about this proposal so he is aware of it. If you have any questions or need other information, please give me a call. A copy of the proposed lease for this additional space is attached. This proposed lease addendum would terminate at the same date as our original lease. I do have a landlord signed copy of this proposed lease, dated 3/25/03, although it is a faxed copy and not very clear for copying. . Page 2 OLIVER CDMMI6'..CIA.L REAL ~STATE March 24,2003 Mr. Gary Smith City of Meridian 660 E. Watertower Lane Suite 202 Meridian, Idaho Re: Proposal to Lease: 660 Watertower Lane, Suite 150, Meridian, ill Dear Gary: Listed below are the terms and conditions under which William A. Hon ("Landlord") will lease the office space located in Suite 150 at 660 Watertower Lane ("Premises") to The City of Meridian Public Works Department ("'Tenant"). Premises Tenant is interested in leasing approximately 2,564 rentable square feet on the first floor ("'Expansion Space"). Upon occupancy of the new premises, Tenant will vacate the approximately 724 RSF currently occupied on the first floor. Henceforth, the total space to be leased by the Tenant shall be 8,551 RSF. Ittm The tenn of the lease for the original premises and the additional space shall continue to be until March 31, 2006. Commencement & Occunancy Date The commencement date and the date of occupancy shall be May 1, 2003. Rental Rate The base rent per rentable square foot per year on a full service gross basis ('1Base Rentl!) for the Expansion Space shall be $16.00/SF. This rental rate shall adjust on Aprill, 2004 to $16.50/SF and on April 1, 2005 to $17.00/SF. The base rent per square foot for the existing second floor space shall remain as per the lease agreement. Ootion to Ex.tend Tenant's existing extension option offive (5) years for the Premises (ItExtension Optionl!) shall include the additional lease space. Tenant Imorovements Tenant shall occupy the space as built-out. Landlord shall clean the space and repair all damage to the walls. City of Meridian Lease Proposal 3/25/2003 ParkiDl! Privile2es Tenant shall have the option to use, at no charge during the tenn of the lease and option period, for the use of Ten ant and its employees and visitors, of 4 parking spaces per 1,000 rentable square feet leased in the on-site parking area during the term of the lease and option period. All such spaces shall be available twenty-four (24) hours a day, seven (7) days a week, every day of the year. Access Tenant shall have 24-hour access to the premises. The building hours are from 8:00 AM to 6:00 PM, Monday through Friday and 8:00 AM to 1 :00 PM on Saturdays. Tenant shall be responsible for all costs related to business operations after nonnal business hours. Brokers Any leasing commissions related to this proposal transaction shall be paid by the Landlord per a separate agreement between Landlord and Thornton Oliver Keller Commercial Real Estate. All terms and conditions set forth above shall be subject to the satisfactory review by both Landlord and Tenant and their counsel of documents affecting the proposed Lease Transaction. The terms and conditions referenced above shall not be binding upon Landlord or Tenant until all of the following has occurred: (a) the Lease. and related documents have been approved by the Tenant, and (b) such Lease, and related documents have been fully executed by both Tenant and Landlord. Thank you for your time and effort in reviewing and responding to this proposal. Sincerely, THORNTON OLIVER KELLER COMMERCIAL REAL ESTATE lvfichael 1. Ballantyne, CCIM Associate Broker Accepted & Approved: LANDLORD: William A. Hon TENANT: City of Meridian By: By: Date: Date: April 4, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT April 8, 2003 10 ITEM NO. REQUEST 457 Deferred Compensation Plan Update AGENCY COMMENTS CITY CLERK: See attached 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: pfl~ f ptl r'" J(;~ J' () Of 5~ rJ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. INTEROFFICE MEMO RECEIVED APR - 4 2003 ~f4Meridian City Clerk Office DATE: April I, 2003 J. TO: City Council ~U /(U\<UF \....NLeri dza'n FROM: Benefits Committee RE: 457 Plans CC: Keith Bird, Tammy DeWeerd, Cherie McCandless, William Nary, Robert Corrie The benefits committee has looked into the cost to have a plan administrator manage the 457 deferred compensation program. The City looked at three (3) vendors, one did not administer governmental plans, one did not respond and one submitted their fees. After reviewing the information the committee was in agreement that it would not be cost effective to have a plan administrator and is recommending the following changes. L Utilize two investment firms. Revise the current resolution adding Waddell Reed and Valic as the City's investment firms. 2. Employees in American Funds through Smith Barney would have to roll over their accounts into Waddell Reeds or Vallc's plan. No penalties are involved. 3. The Mayor would need to sign an adoption agreement with Waddell Reed to bring their plan in compliance with the IRS regulations. The agreement on file is outdated and does not include recent law changes. An agreement with Valic is already in place. 4. Have Waddell Reed & Valic meet with those employees's participating in American Funds to explain the roll over and differences in investments between the two plans. Employees will then be given the option to participant in Waddell Reed's or Valic's plan. 5. Have Waddell Reed and Valic give group presentations to City employees who are interested in participating in a 457 plan. .:'l1/\L. Y I'\.ILL 11l',l"IVI/\I"!" FINANCE DIRECTOR MA YOR ROBERT D. CORRIE / COllNCII. MEM8ERS WILLIAM L.M. NARY KEITH BIRD TAMMY DE WEERD CHERIE MCCANDLESS }.. ~,~f~~ . y;>,..~ cM;;;dl~~ "-, ~":'1 .. V '~~ IDAHO .f ~~ ~ -'"t:.~'J. .1);.~'"" "," -~f~ ~t!!Jro~.......,:;("....\... Y-:."-].--_.. "-r !mU:f n '90J JANICE SMITH RETA CUNNINGHAM CATHY DENNISON Il.\RBARl\ 110lILER TERRY PATERNOSTER "". ~ ".....'c.,.,.,_.-,,-.,<..d."," , ',Io.,'.;"h ''''0 J,i1}:ance 'De.p~.~t.l1'Ler:t 33 East Idaho Meridian, ID 83642 (208) 888-4433 Pax (208) 887-4813 March 12, 2003 To: Deferred Compensation Committee From: Janice Smith RE: 457 Plan Service Fees - Pinnacle Pension Services Pinnacle Pension Services - see attached response to fee charges. Summary of Fees that would apply to the City Base fee: $1,400. plus participant fees and hourly fees. Annual Statements $40 Quarterly Statements $60 Basis Points on Assets: 20 Basis Points if less than $1 Million in assets Enrollment services: $120 per hour Rollover accounts: $15/ participant Individually directed acct. $50/ participant Benefit Distributions- Per Terminated Participant $85 Participant Loans Set-up $150 (May be paid by participant) Miscellaneous: Response to requests for information from auditors, c<:>rrespondence with IRS, etc. will be billed hourly. Minimum audit charge is $500. If transmittal of employee data to Pinnacle is not in computer entry ready format, additional charges will be billed on an hourly basis and will be at least $1 per participant. April 4, 2003 PP 02-030 April 8, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Howell-Murdoch Development Corp. ITEM NO. 3.E REQUEST Findings - Request for Preliminary Plat approval of 125 building lots and 15 other lots on 39.92 acres in a proposed R-8 zone for proposed Watersong Estates - northwest corner of North Linder Road and West Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached Findings ~ ~fr OTHER: \' Contacted: \jQ\;{ t N YW \It/ Date: Lj /Y 103 r Materials presented at public meetings shall become property of the City of Meridian. Phone: 370'- 7I.'~O L/~ RECEIVED APR 0 1 2003 City Of Meridian City Clerk Office BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN . C/C 03/25/03 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR W ATERSONG ) ESTATES SUBDIVISION FOR 124 ) BUILDING LOTS AND 12 ) COMMON LOTS ON 39.92 ACRES ) LOCATED ON THE WEST SIDE OF ) LINDER ROAD, ~ MILE NORTH ) OF USTICK ROAD, MERIDIAN, ) IDAHO ) ) BY: HOWELL-MURDOCH ) DEVELOPMENT ) CORPORATION, ) ) APPLICANT ) ) Case No. PP-02-030 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on February 25,2003, and continued until March 25,2003, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and Darin Fluke, appeared and testified, and the City Council having received a report from Steve Siddoway Planner II for Planning and Zoning, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "W ATERSONG FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT WATERSONG ESTATES SUBDNISION / (pP-02-030) 1 ESTATES MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT REVISED 03/07/03, HANDWRITTEN DATE: 3-7-03, RECEIVED MAR 072003 CITY OF MERIDIAN CITY CLERK OFFICE, DRAWN BY: mab, DESIGN BY: mab, CHECKED BY: GAL, PROJECT NO. 11847, SHEET1 OF 7,03/07/03 F:\ProjectManagers\GAL\11847\11847- Dra\11847pp1.dwg, OWNERJDEVELOPER: HOWELL-MURDOCH DEVELOPMENT CORP., J-U-B ENGINEERS, INC.", Howell-Murdoch Development Corporation - Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned RUT by Ada County, however, an application for annexation and zoning to R-8 is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 D] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6,2002, Resolution No. 02-382. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT WATERSONG ESTATES SUBDNISION I (pP-02-030) 2 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity ofthe proposed development within the City's Capital Improvement Program and ifthe conditions, which are requested by the Planning and Zoning Administrator and the Engineering Technician III; and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development. 5. The development ifbuilt in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "WATERSONG ESTATES MERIDIAN, ADA COUNTY; IDAHO, PRELIMINARY PLAT REVISED 03/07/03, HANDWRITTEN DATE: 3-7-03, RECEIVED MAR 07 2003 CITY OF MERIDIAN CITY CLERK OFFICE, DRAWN BY: mab; DESIGN BY: mab, CHECKED BY: GAL, PROJECT NO. 11847, SHEET1 OF 7, 03/07/03 F:\ProjectManagers\GAL\11847\11847-Dra\11847ppl.dwg; OWNERlDEVELOPER: HOWELL- MURDOCH DEVELOPMENT CORP., J-U-B ENGINEERS; INC.". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT WATERSONG ESTATES SUBDIVISION / (pP-02-030) 3 DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 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 I. The Preliminary Plat of the applicant as evidenced by "W A TERSONG ESTATES MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT REVISED 03/07/03, HANDWRITTEN DATE: 3-7-03, RECENED MAR 07 2003 CITY OF MERIDIAN CITY CLERK OFFICE, DRAWN BY: mab, DESIGN BY: mab, CHECKED BY: GAL, PROJECT NO. 11847, SHEETI OF 7, 03/07/03 F:\ProjectManagers\GAL\11847\11847- Dra\11847pp1.dwg, OWNERlDEVELOPER: HOWELL-MURDOCH DEVELOPMENT CORP., J-U-B ENGINEERS, INC.", Howell-Murdoch Development Corporation - Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: Merge the following "Special Considerations" from the staffreport into the site specific conditions: I. Block Length: Blocks 4,6, and 9 are shorter than the minimum block length of500 feet per Ordinance 12-4-5. It is strongly supported that the shorter block lengths shown, improve the interconnectivity ofthe development. A Variance application, Case No. V AR-03-009, has been submitted to accompany the Plat application; the variance would be supported. Blocks 1 and 7 exceed the maximum block length of I 000 feet per Ordinance 12-4- 5. A Variance application to exceed the maximum block length has been submitted to accompany the Plat application. It is recommended that High Altitude Way be extended south to connect with E. Quiet Peak Road and help break up Block 7. This FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT WATERSONG ESTATES SUBDIVISION I (pP-02-030) 4 connection closely matches the original plat, provides for better connectivity and allows for a more efficient layout of lots. The Variance would be supported if the road connection were made. [Note: The road connection was made in the revised plat approved by the Commission.] Note: Both block length issues (minimum and maximum) may be combined into one Variance request. 2. Landscape Plan: The landscape plan should be revised show the detached sidewalk along Linder Road. A ten-foot wide gravel shoulder will be required adjacent to the existing edge of pavement along Linder Road; the remainder ofthe future right-of- way lot must be landscaped with at least grass per Ordinance 12-13-10-9. 3. Stub Drain: The revised plans show that the White Stub-Drain will be relocated and re-piped (shown as 'IRR') along the frontage ofthe project. The location ofthe pipe appears to be within the future right-of-way. Please verify the location and make sure the piped stub drain is outside of future right-of-way. No easement is shown for the stub drain; please revise plans to show the easement. Applicant's design engineer should consult with Mr. Les Vogel regarding his concern over pipe size and flooding that currently happens upstream. 4. Tiling of Ditches: While not stated in the application, staff anticipates that the applicant desires to leave the White Drain open. To accomplish this, the applicant must petition City Council for a waiver from the requirement to tile the ditch per MCC 12-4-13.A.2. Note: this request has been granted in other areas along the White Drain. All other ditches must be piped. Add the following as site specific condition #14: 14. Pave a short pathway along the north boundary of the subdivision, adjacent to the White Drain. This will be a dual use pathway for recreation and public works access. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS! PRELIMINARY PLAT 1. Sanitary sewer service to this site shall be via main line extensions from the newly installed White Drain Trunk. This development shall be subject to sanitary sewer latecomer fees to reimburse the City for extending sewer service FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINAR Y PLAT W ATERSONG ESTATES SUBDIVISION / (pP-02-030) 5 into the area. The latecomer fees for each lot shall be due and payable upon signature on final plat. 2. Domestic water service to this site shall be via main line extensions from mains instalIed adjacent to the property. This development shalI be subject to water latecomer fees to reimburse those responsible for extending water service into the area. The latecomer fees for each lot shall be due and payable upon signature on final plat. 3. 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. 4. The applicant has indicated that the pressurized irrigation system within this development is to be owned and operated by the Settler's Irrigation District. Underground year~round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface 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. 5. A detailed fencing plan shall be submitted upon application of the final plat. Permanent perimeter fencing shall be required around the subdivision unless the City agrees in writing that such a fence is not required. 6. All fencing adj acent to the gravel access road/pathway along the north boundary ofthe subdivision shall be restricted to 4-foot maximum height for solid fencing or 6-foot maximum for see-through fencing. Fences along micropaths have the same restriction per Ordinance 12-13-15-9. 7. In accordance with Ordinance 12-13-10-8, Applicant shall provide detached sidewalks adjacent to McMillan Road. 8. If depth to groundwater becomes an issue in this subdivision and DEQ, or other regulatory agency, requires impermeable surfacing in the storm water detention areas, such areas shall not be counted toward the required open space calculation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINAR Y PLAT WATERSONG ESTATES SUBDIVISION! (pP-02-030) 6 9. Unless a waiver is granted, the applicant shall be responsible to tile all irrigation ditches, laterals, and canals per MCC 12-4-13.1. 10. Applicant shall submit ground water monitoring data to the Public Works Department from the date of the initial investigation (10/29/00), to current. 11. Add or revise the following preliminary plat notes: . Add a note regarding minimum residential house size. . Modify note 8 to reference specific lots. 12. Lot Dimensions: Several lot line dimensions are missing from the plat and must be added to the revised preliminary plat. 13. Ten (10) copies of a revised plat shall be submitted to the City Clerk's Office for this application. GENERAL COMMENTS 1. Submit a copy ofthe Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All pathways within the proposed subdivision shall be designed III accordance with MCC 12-13-15 "Micropath Landscaping". 5. A detailed landscape plan, in compliance with the Landscape Ordinance, shall be submitted for the subdivision with the final plat application. 6. Sidewalks within the proposed subdivision shall be built in accordance with MCCI2-13-10-8. 7. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT WATERSONG ESTATES SUBDIVISION! (pP-02-030) 7 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. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 8. Except as noted above, 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 (ditch owner's), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 9. Submit all updated groundwater/soils reports to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1 OO-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. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. 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. 13. 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. 14. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT WATERSONG ESTATES SUBDIVISION! (pP-02-030) 8 C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Provide a Public Right' s-of- W ay Road Trust Deposit in the amount of $26,000.00 to construct 5-foot concrete sidewalk on Linder Road OR Construct a 5-foot wide concrete sidewalk on Linder Road with an easement provided to the District. The face of sidewalk shall be located a minimum of 41- feet from centerline. 2. Construct Watersong Drive to intersect with Linder Road approximately 415-feet north ofthe south property line to align with the Meridian Middle School driveway located on the east side of Linder Road. 3. Construct the San Remo Drive/Twin Eagles Way intersection to offset the Cool River Way/San Remo Drive intersection a minimum of 125-feet (measured centerline to centerline). 4. Construct Watersong Drive from Linder Road to High Altitude Way as a residential collector with a 36-foot street section with vertical curb, gutter and 5- foot concrete sidewalk within 50-feet of right-of-way, as proposed. 5. Construct the internal roadways as 36-foot street sections with curb, gutter and 5-foot attached concrete sidewalk within 50-feet of right-of-way, as proposed. 6. Construct Timber Lakes Lane as a stub street to extend to the south property line approximately 360-feet east ofthe west property line, as proposed and install a sign at the terminus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Extend San Remo Drive from the west property line approximately 550- feet north of the south property line, as proposed. 8. Extend Shadow Creek Drive to the west property line approximately 75- feet south of the north property line, as proposed. 9. Construct Cody Creek Way to extend to the north property line approximately 620-feet east of the west property line, as proposed. Install a sign FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT W ATERSONG ESTATES SUBDIVISION / (pP-02-030) 9 at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 1 O. Construct four knuckles without islands within the subdivision, as proposed. 11. Construct two cul-de-sac turnarounds without islands to provide a minimum turning radius of 45-feet. 12. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 13. Construct a roundabout located on Watersong Drive at the intersection of High Altitude Way, as proposed. Design the roundabout with a minimum of21- foot street sections on either side of the center island and dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the roundabout with traffic services staff. 14. Other than the access points specifically approved with this application, direct lot access to Linder Road, Ustick Road and Watersong Drive east of High Altitude Way is prohibited. These restrictions shall be noted on the final Plat. 15. The applicant shall enter into a development agreement with ACHD that outlines right-of-way acquisition, costs, timing and payment; and shall also include an agreement that this development shall be subject to any extraordinary impact fee, LID or other funding source established by the District to improve the surrounding roadways; or shall be subject to the development's proportionate share of surrounding roadway improvements as established by the applicant's traffic impact study. 16. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe right-of- way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT WATERSONG ESTATES SUBDIVISION! (pP-02-030) 10 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387- 6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject ofthis application, shall require the applicant to comply with all rules, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPRO V AL OF PRELIMINARY PLAT WATERSONG ESTATES SUBDIVISION I (PP-02-030) 11 regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations 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 ID- A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. 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. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 ofthe Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 8. 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 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. UFe 902.2 10. Building setbacks shall be per the Building Code for one and two story construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT W ATERSONG ESTATES SUBDMSION! (pP-02-030) 12 E. Adopt the Recommendation of Settler's Irrigation District as follows: 1. All irrigation and drainage facilities/easements will need to be protected. The Coleman Lateral courses along the southern boundary of the property and turns north at the southwest comer. The Coleman requires a 30' easement. The White Drain Stub will be relocated as shown along the eastern boundary of the property with a 30' easement. The White Drain courses along the northeast boundary ofthe property and requires a 60' easement as shown. The Matlock Lateral, which enters the property at the northeast comer and courses along the east boundary, requires a 20' easement. All facilities that require piping shall be piped with reinforced concrete pipe. 2. A license agreement will need to be signed and recorded prior to construction. 3. All storm drainage must be retained on-site. 4. Plan review/inspection fees shall be paid prior to any approvals. 5. The developer has indicated that SID will own, operate, and maintain the pressure irrigation system. A license agreement needs to be in place prior to the pre-construction meeting. F. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: 1. If all storm drainage is retained on site this project will not impact the Nampa & Meridian Irrigation District; however, if any drainage leaves the site the District will require a Land Use Change/Site application. G. Adopt the Recommendations of the Central District Health Department as follows: 1. This project can be approved after written approval from appropriate entities are submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT WATERSONG ESTATES SUBDIVISION! (pP-02-030) 13 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. H. Adopt the action ofthe City Council taken at their March 25, 2003 meeting as follows: 1. The Preliminary Plat to be used for this application is dated REVISED 03/07/03, with 124 single family detached lots and 12 common lots ranging in size from approximately 6,662 s.f. to 12,180 s.f., at an overall gross density of3.18 dwelling units per acre and a net density of 5.20 dwelling units per acre. By action of the City Council at its regular meeting held on the B.f!:-. day of /J;1?r /.( , 2003. ROLL CALL COUNCILWOMAN deWEERD VOTED~L VOTED ~C<...-- COUNCILMAN BIRD COUNCILWOMAN McCANDLESS VOTED~ COUNCILMAN NARY VOTED I1fJ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT WATERSONG ESTATES SUBDIVISION I (pP-02-030) 14 MAYORROBERT~ (TIE BREAKER) - VOTED Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By;Jfia:-~ 9- City Clerk Dated: ~ ~ Z:\Work\M\Meridian\Meridian 15360M\WatersOlg Estates AZ-02'()29 PP-02'()30\FfClsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT WATERSONG ESTATES SUBDMSION! (pP-02-030) 15 ** TX CONFIRMATION REPORT ** ( . AS OF APR 09 '03 0'j'A2 PAGE. 101 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 01 104/109 109:310 2108 387 6393 EC--S 1010'58" 10103 018 OK 02 04/09 09:31 ADA CrY DEVELMT G3--5 01' 45" 1003 018 OK 03 104/109 109:33 CHERRY LANE EC--S 01' 15" 0103 018 OK 104 104/109 109:35 POST OFFICE EC--S 101'37" 10103 018 OK 105 104/109 109:38 2138 888 1983 G3--S 01' 19" 003 018 OK 106 104/109 109:39 ID PRESS TRIBUNE EC--S 1010'58" 10103 1018 OK 107 104/109 109:41 2108 888 671010 EC--S 00' 57" 1003 018 OK -------------------------------------------------------------------------------------------~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEE.TING AGENDA Tuesday, April 8, 2003, at 7:00 p,m. City Council Chambers 1. Roll-call Attendance: -K- Tammy de Weerd 0 Bill Nary X lJ,Nt/vect @. 1:2Cf. f'h\. ---X- Cherie McCandless =x= Keith Bird -K- Mayor Robert Corrie 2. Adoption of the Agenda; t:lj)pov..(,.. 3. Consent Agenda: tZ-p;rrov<- A. Approve minutes of March 4, 2003 City Council Regular Meeting: tlppn'?v,<- B. Approve minutes of March 18,2003 City Council Regular Meeting: a.p;P'rof'l<- C. Findings of Fact and Conclusions of Law for Approval: PP 02- 034 Request for Preliminary Plat approval of 7 building lots on 14.31 acres in C.G and R40 zones for proposed Devon Park Subdivision by Tamura and Associates - 824 East Fairview Avenue: dpprov~ D. Findings of Fact and Conclusions of Law for Approval; /JZ. 02- 029 Request for Annexation and Zoning of 39.92 acres from RUT to R-8 zones for proposed Waterson!:l Estates by Howell-Murdoch Development Corporation - northwest corner of North Under Road and West Ustick Road; a-IIYov.e, E. Findings of Fact and Conclusions of Law for Approval: PP 02- 030 Request for Preliminary Plat approval of 125 building lots and 15 other lots on 39.92 acres in a proposed R-8 zone for proposed WatersonQ Estates by Howell-Murdoch Development Corporation - northwest corner of North Linder Road and West Ustick Road: ~/l'l"t'v.e...- F. Findings of Fact and Conclusions of Law for Approval: VAR 03-009 Request for a Variance to allow blocks 3, 4 and 7 to be shorter than the minimum of 500 feet and to allow blocks 1 and 8 to exceed maximum block length of 1,000 feet for proposed Mendi.. Cil)! Council ^tCJld. - April 8,2003 Pago 1 of J All m.ton.l< ~"",,",.<I ,t public ""'.linS' ,boll beeon,. proporry oflhe City urMerid;IlI1, Anyo." dC$il'ing nccommodooon for di~bilil1es ,el.lo<l to dooumcnCi oodlorhoorillg pI..,. cOntlcllb. CIl)' CI.,k's Officc .1 $SS-4433 .1 }cost <IS hOUTS prior to Ihe public me.ting. April 18. 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST April 22, 2003 ITEM NO. Approve minutes of April 8, 2003 City Council Regular Meeting: 3-E AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY 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: MERI DIAN POST OFFICE: OTHER: Contacted: COMMENTS ~. #;~ Date: Phone: Materials presented at public meetings shall become property of the City of MerJdlan. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 8, 2003, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of March 4, 2003 City Council Regular Meeting: Approve B. Approve minutes of March 18,2003 City Council Regular Meeting: Approve C. Findings of Fact and Conclusions of Law for Approval: PP 02- 034 Request for Preliminary Plat approval of 7 building lots on 14.31 acres in C-G and R-40 zones for proposed Devon Park Subdivision by Tamura and Associates - 824 East Fairview Avenue: Approve D. Findings of Fact and Conclusions of Law for Approval: AZ 02- 029 Request for Annexation and Zoning of 39.92 acres from RUT to R-8 zones for proposed WatersonQ Estates by Howell-Murdoch Development Corporation - northwest corner of North Linder Road and West Ustick Road: Approve E. Findings of Fact and Conclusions of Law for Approval: PP 02- 030 Request for Preliminary Plat approval of 125 building lots and 15 other lots on 39.92 acres in a proposed R-8 zone for proposed WatersonQ Estates by Howell-Murdoch Development Corporation - northwest corner of North Linder Road and West Ustick Road: Approve F. Findings of Fact and Conclusions of Law for Approval: VAR 03-009 Request for a Variance to allow blocks 3, 4 and 7 to be Meridian City Council Agenda -April 8, 2003 Page 1 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. shorter than the minimum of 500 feet and to allow blocks 1 and 8 to exceed maximum block length of 1,000 feet for proposed Watersong Estates by Howell-Murdoch Development Corporation - northwest corner of North Linder Road and West Ustick Road: Approve G. Findings of Fact and Conclusions of Law: M103-003 Request to review the issue of the connection of Teare Avenue for Fairview Lakes by Fairview Lakes, LLC - 824 East Fairview Avenue: Approve H. Findings of Fact and Conclusions of Law for Approval: VAR 03-010 Request for a Variance for extension of time to file subdivision plat as required by the City of Meridian for Tramore Subdivision by A.L. "Drew" Seargent - south of West Pine Avenue and east of North Linder Road: Approve I. Sanitary Sewer and Water Line Easement with Tramoref L.P.: Approve J. 2003 Creek-Crossing Sewer Pipe Rehabilitation Project - Award Bid: To Institutuform Technologiesf Inc. -- $298A85 K. Settlerfs Park Restroom I Concession Building - Award Bid: To Golis Construction $199f664 L. Beer, Wine, and Liquor License Renewals: Approve Winco Foodsf Inc. - Beer and Wine Maverick Country Store - Beer Jacksonfs Stores - Beer and Wine Albertsonfs Stores - Beer and Wine Wal-Mart Store - Beer and wine Kahootz Pub and Eatery - Beer and Wine Ultra Touch Car Wash - Beer 4. Department Reports: None 5. (Items Moved from Consent Agenda): Nothing 6. Resolution No. 03-401 Amendment to the July 2002 Meridian Comprehensive Plan for the City of Meridian (Section C-1 of Chapter 7 Urban Service Planning Area): Approve 7. Tabled from April1f 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 Meridian City Council Agenda - April 8, 2003 Page 2 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at leasl48 hours prior to the public meeting. Castle brook Subdivision by Centennial Development, LLC - east of North Black Cat Road and south of West Cherry Lane: Approve 8. Continued Public Hearing from March 18, 2003: Dust Abatement Ordinance: Continue Public Hearing to April 15, 2003 9. Public Hearing: PP 03-001 Request for Preliminary Plat approval of 15 building lots, 1 existing house lot, and 2 other lots on 9.996 acres in an R- 4 zone for Setter Cove Subdivision by MKH Development, Inc. - east of North Locust Grove Road and north of East Ustick Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 10. Public Hearing: VAR 03-008 Request for a Variance for block length to exceed maximum length of 1,000 feet for Setter Cove Subdivision by MKH Development, Inc. - east of North Locust Grove Road and north of East Ustick Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 11. Public Hearing: CUP 03-002 Request for a Conditional Use Permit for an additional public school classroom building in an I-L zone for Meridian Academv by LKV Architects - 2311 East Lanark Street: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 12. Public Hearing: AZ 03-004 Request for annexation and zoning of 1.37 acres from R-1 to L-O zones for Montvue Medical Clinic by Pinnacle Engineers, Inc. - 360 East Montvue Drive: Continue Public Hearing to April 15, 2003 Meeting 13. Public Hearing: MI 03-004 Request to amend conditions of annexation for Boise Podiatry BuildinQ by Marshall Ogden - 1065 Fairview Avenue: Continue Public Hearing to April 22, 2003 Meeting Meridian City Council Agenda - April 8,2003 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. Meridian City Council MeetinQ April 8. 2003 The Regular Meeting of the Meridian City Council was called to order at 7:08 P.M., on Tuesday, April 8, 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, Dean Willis, and Will Berg. Item 1. Roll call Attendance: X Tammy de Weerd 0 Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: I will open the Meridian City Council Regular Meeting on Tuesday, April 8, 2003, at 7:08 P.M. in the City Council Chambers. At this time, I would like to have the City Clerk give roll call attendance, please. Item 2. Adoption of the Agenda: Corrie: Okay. Welcome everybody here this evening and our second item on the agenda is the adoption of the agenda. Council is there any changes in the agenda that you -- our Resolution Number is 03 dash something. 401. Thank you. We will have to also continue the Dust Abatement Ordinance on until next week. We just got the Compass letter, so we will need to continue that. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Item Number 12 we have got a letter dated April 4th requesting that that -- I believe that's been changed to the 15th. Corrie: Okay. That's correct. McCandless: Which one? Bird: Number 12, the Montvue Medical Clinic. The one we had -- from Pinnacle Engineers. Corrie: No. This was the -- the letter was from Pinnacle Engineers. Bird: Yes. Isn't that right? Meridian City Council Meeting April 8, 2003 Page 2 of32 Corrie: That's right. Yes. Bird: To go to the 15th? I didn't misread it, did I? Corrie: No. You got it right. He thought it was from the attorney and I said, no, it was the applicant's representative. Bird: So, with those modifications I would move that we would adopt the agenda. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none, all those in favor say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Consent Agenda: A. Approve minutes of March 4, 2003 City Council Regular Meeting: B. Approve minutes of March 18, 2003 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: PP 02- 034 Request for Preliminary Plat approval of 7 building lots on 14.31 acres in C-G and R-40 zones for proposed Devon Park Subdivision by Tamura and Associates - 824 East Fairview Avenue: D. Findings of Fact and Conclusions of Law for Approval: AZ 02- 029 Request for Annexation and Zoning of 39.92 acres from RUT to R-8 zones for proposed Watersong Estates by Howell-Murdoch Development Corporation - northwest corner of North Linder Road and West Ustick Road: E. Findings of Fact and Conclusions of Law for Approval: PP 02- 030 Request for Preliminary Plat approval of 125 building lots and 15 other lots on 39.92 acres in a proposed R-B zone for proposed Watersong Estates by Howell-Murdoch Development Corporation - northwest corner of North Linder Road and West Ustick Road: F. Findings of Fact and Conclusions of Law for Approval: VAR 03-009 Request for a Variance to allow blocks 3, 4 and 7 to be shorter than the minimum of 500 feet and to allow blocks 1 and B to exceed maximum block length of 1,000 feet for proposed Watersong Estates by Howell-Murdoch Development Corporation - northwest corner of North Linder Road and West Ustick Road: Meridian City Council Meeting April 8, 2003 Page 3 of32 G. Findings of Fact and Conclusions of Law: MI 03-003 Request to review the issue of the connection of Teare Avenue for Fairview Lakes by Fairview Lakes, LLC - 824 East Fairview Avenue: H. Findings of Fact and Conclusions of Law for Approval: VAR 03-010 Request for a Variance for extension of time to file subdivision plat as required by the City of Meridian for Tramore Subdivision by A.L. "Drew" Seargent - south of West Pine Avenue and east of North Linder Road: I. Sanitary Sewer and Water Line Easement with Tramore, L.P.: J. 2003 Creek-Crossing Sewer Pipe Rehabilitation Project - Award Bid: K. Settler's Park Restroom I Concession Building - Award Bid: L. Beer, Wine, and liquor License Renewals: Winco Foods, Inc. - Beer and Wine Maverick Country Store - Beer Jackson's Stores - Beer and Wine Albertson's Stores - Beer and Wine Wal-Mart Store - Beer and wine Kahootz Pub and Eatery - Beer and Wine Ultra Touch Car Wash - Beer Corrie: The next item is the Consent. Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Consent Agenda as noted and I'm sure that all these beer, wine, and liquor license renewals have been okayed by the Police Department and all the proper paperwork has been done, Mr. Clerk? Berg: Mr. Mayor, yes, they have, or else they wouldn't be on the agenda. Bird: That's what I was sure of and to have the Mayor sign and the Clerk attest on all proper papers. De Weerd: Second. Corrie: Okay. Any further discussion? Hearing none, roll call vote, Mr. Clerk. Roll Call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: Okay. All yeas. One absent. Meridian City Council Meeting April 8, 2003 Page 4 of32 /" ( . MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Department Reports: Corrie: Item 4, Department Reports. Any Department Reports at this time? Item 5. (Items Moved from Consent Agenda): Corrie: Okay. Thank you. No items were removed from the Consent Agenda to Item Number 5. Item 6. Resolution No. 03- : Amendment to the July 2002 Meridian Comprehensive Plan for the City of Meridian (Section C-1 of Chapter 7 Urban Service Plannina Area): Corrie: So, we have Item Number 6, a Resolution Number 03-401. This is an amendment to the July 2002 Meridian Comprehensive Plan for the City of Meridian, Section C-1 of Chapter 7, Urban Service Planning Area. Council, any comments, replies, or discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess more of a procedural -- now that we have passed this resolution and the letter goes to the Ada County Commissioners to adopt -- for the request to adopt our Comprehensive Plan? Berg: Mr. Mayor, I think she was looking at me when she was addressing that. The Mayor has a letter, we will fill in that resolution blank, and we will get it to the Ada County Commissioners. De Weerd: Okay. Corrie: They are waiting patiently. De Weerd: Thank you. Corrie: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve Resolution 03-401, amendment to the July 2002 Meridian Comprehensive Plan for the City of Meridian, Section C-1 of Chapter 7, Urban Service Planning Area, with suspension of rules. Meridian City Council Meeting April 8, 2003 Page 5 of32 Bird: Second. Corrie: Okay. Motion has been made and seconded to adopt Resolution Number 03- 401. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: Okay. Motion for Resolution Number 03-401 is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 7. Tabled from April 1 ,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: Corrie: Item Number 7 is tabled from April 1, 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 North Black Cat Road and south of West Cherry Lane. At this time I will ask the staff comments first. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. This is the first phase of Castlebrook Subdivision No.1. Coral Creek Subdivision abuts it to the north. The Ten Mile Creek also kind of runs across here on the northeast corner. Here is a copy of the Final Plat that was originally submitted as noted in our staff report, dated April 8th. I'm sorry. April -- I guess April 4th it was received by the City Clerk. There have been a couple of minor modifications made from the -- since the Preliminary Plat was approved. Specifically, the one building lot was eliminated to accommodate storm water drainage after the engineers looked at it. That was here at the western edge of the subdivision, one of these lots was converted, and so you now have an open space -- a dual open space storm drainage lot here. There also was a reduction of a common lot square footage for the Nampa-Meridian Irrigation District and, then, probably the main substantial modification was made here. Again, North Black Cat Road is on the left of the screen. The single point of entrance at the Gray Tower is here. Then, here in this northwest corner, the amended plat, which I believe you, should have received a hard copy of, we just didn't get the digital one on here, and so I apologize for that. These two lots in the corner have been combined into a single lot and the applicant has been in discussions with the City of Meridian about a regional lift station for this area and I'd like to turn it over to Brad Watson just to give you a little bit more information about that. Watson: Mr. Mayor, Members of the Council, after the Preliminary Plat was approved by Council and we got JUB Engineers on board to begin design of the Black Cat sewer and Hft station, the idea came up that perhaps there would be an opportunity to talk with this developer and secure a site immediately, without having to screen five to 10 sites in that area that weren't annexed to the city that would have to go through a Conditional Use Permit and easement negotiations. We met with the developer on this and broached the idea and he's been very cooperative and very interested in it. The plus for Meridian City Council Meeting April 8, 2003 Page 6 of32 the Public Works Department is we secure a site, we can begin detailed design immediately of that lift station, as well as the trunk line itself, because we have a starting point. If we need to go through rural area on the west side of Black Cat Road, we could probably determine a starting point, but not quite as precisely. The lift station couldnft begin detailed design immediately. We could design all the mechanics and the inside of it, but the site design and how it blends in would be a little more difficult. We have, in very very general terms, discussed how the city could secure that site and that's probably a discussion for another night. I'm not sure what form it should be in, but we have -- we have discussed financial considerations that I would like to bring that back some other time. Obviously, we can't secure that site until this plat is recorded anyway. I do have some pictures on my laptop if youfre interested in seeing the kind of structure we would be looking at constructing there. We do -- whenever we build a well, for example, in a neighborhood, we conform to their CC&Rs. We ask for their architectural guidance on what they want to see and we have discussed that with the applicant. He's very agreeable to that. I guess Bradfs going to plug this in for me and I can show you some -- there is just five or six different -- the picture you see up there right now is a lift station of about the same magnitude as the one we are contemplating. This one is in Nampa. It's a slightly different setup than what we would probably build. The structure itself is somewhat larger and taller, I think, than what we want. This particular structure with CMU with architectural shingles, relief to the building itself. There is a little different picture of it. You can see that this particular lift station was built right up next to a -- well, the neighborhood was being built at the same time as the lift station, but they are brand new houses just behind this. This is Well 22 in Bear Creek Park. This is what we typically do when are in a brand new subdivision. You will notice that there is split faced, two tone CMU. A little more pitch on the roof, that sort of thing. Just another picture of that structure. I guess that's the same thing from a different angle and a different season, obviously. I don't know if you're even interested in this. This is the Nampa lift station. This is the bowels of it. It's about 30 feet deep. Ours would be not quite that deep, but pretty close. Most of the structure is below ground. One thing to point out is this will have a backup generator. We make every effort to suppress the noise in those and they do run once a week to exercise, usually for about an hour during an afternoon. They did start this one up for us and it is loud. That's just -- you don't care about this, but I wanted to throw it in. It's a cool picture. That just shows the -- looking up from the floor how high up you go but that's about it. I guess that's all I really had. I just wanted to make sure that people were aware of what was going on as this plat was coming before you. The developer, like I said, has been very cooperative and I think, probably, the one benefit to -- to them is that it may make more land sewerable more quickly. With that, I will stand for any questions you might have on this. Corrie: Thank you, Brad. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Brad, what would be the timing on constructing that? I guess my concern is, you know, the other one went in along with the houses that were being built and you Meridian City Council Meeting April 8, 2003 Page 7 of32 mentioned that the generator did have a noise level to it. Is that only on the inside of the building or is it fairly noisy on the outside as well? Watson: Council Member de Weerd, Mayor, and Council Members, it -- three points, I think. When we build these, we set the vents towards the road, so that's where the majority of the noise is. If you're on the other three corners of the building, the other three sides of the building, there is noise, but it's really loud where the venting is, which would be pointed towards Black Cat and the common lot that's there. We do intend to buffer. There is some landscape, like we do everything else that's in a neighborhood. The generator would be enclosed in the building. One thing that we do want to do is as soon as they -- some sort of agreement is made to secure this site, have eight-by-four signs made and posted at each side of that lot, so the people do know what's going to be there. One of the modifications we do need to make to the staff report is in Site- Specific Comment Number 7 regarding the plat notes. Note Number 7 needs to say Lot 1 and Lot 5, Block 1. Obviously, if this -- securing this site isn't consummated at some point -- we kind of got a chicken and egg thing here going on. Probably lean on Council a bit to sort this out. We want this note on the plat, but we can't actually secure the lot until the plat is recorded and, then, it's too late to take the note off the plat. Any guidance on that would be much appreciated. De Weerd: Can they put proposed future site? Watson: I have never seen that term on a plat. They want it pretty final. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Tammy asked some and I had one more, Brad. Are we positive that we are going to be able to acquire those two lots for the lift station? Watson: Councilman Bird, Mayor, and Council Members, I have met with the applicant two times and several e-mails. I feel a little awkward here negotiating a land deal on my own without Council's approval, but he's totally, totally, on board with this, as long as we have your approval. He's completely okay with it. Bird: Is it fair -- is it a fair price for you? Watson: Yes. Bird: Then, I think the Council has always went off you guys' advise and I'm sure they will this time. How are you going to -- how are you going plat the Final Plat? What are we going to do with -- I mean are we going to take out -- we are only going to have one lot there, instead of two? How are you going to -- I mean why do you have to -- do we have to put what's going to be on it? We don't, do we? Watson: Council Member Bird, 1-- Meridian City Council Meeting April 8, 2003 Page 8 of32 Bird: And when we record it. Watson: I would like to have that note on the plat as a warning to lot buyers that this is going to be -- Bird: I'd love to, too. If you're positive that you're going to purchase it, I don't know why we can't put it on as a note. If it's a proposed, you can't put it on a Final Plat. Watson: Correct. Bird: As a proposed note, can you? Watson: Perhaps Mr. Nichols can help me out on this, but -- when the plat comes through for signature, if there was an agreement in place, an intent to purchase, or something like that, then, maybe that would -- that was approved by Council. Bird: Can we -- are we in a situation that you could purchase it now, Brad, with Council approval? Watson: I don't believe so, because it's not a legal lot. It's one large parcel. Bird: How about a tentative purchase? Corrie: You can have proposed -- no, you can't either. Bird: I don't think you can have a proposed on a Final Plat, can you? Nichols: Well, Mr. Mayor, Members of the Council, Brad, I'm -- I'm looking at the old plat on the electronic copy. What -- are you talking about an additional note or are we talking about changing -- are we talking about putting something on that specific -- Watson: Mr. Nichols, I was hoping that there would be a note and I have the revised plat, so I'm not sure exactly which number it is. I would hope it's still Number 7. It says Lot 1, Block 1, shall be maintained -- that's not it. These are mixed up. If there was a note that said those two lots had a blanket sewer easement to the City of Meridian, that's at least part way there in my mind. It would be a legal building lot if the purchase wasn't consummated, so we would own a buildable lot that we probably don't really want to build on. (Councilman Nary present.) Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I think what we are talking about doing is, first of all, the Final Plat has to -- you know, it has to -- if it conforms with the Preliminary Plat in most regards. Then, it's going to be approved, but the issue is, from your Meridian City Council Meeting April 8, 2003 Page 9 of32 perspective, you want something on the face of the plat so that if, at the time of the signatures on the Final Plat, the lot has been purchased or contacted to be purchased by the City of Meridian, there will be a note indicating its use. Is that it? Watson: Yes. Nichols: Okay. Mr. Mayor, we can make that a part of the order, because the order is an order of conditional approval of the Final Plat. It can be in the text of the order, without necessarily having to specifically refer to a note on the plat itself. It can order that a plat note be included if a certain event occurs. Corrie: Sounds go good to me. I'd like to have the record show that Councilman Nary has joined us at 7:28 P.M. Any other questions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I just want to make sure that that condition gets in there. If someone builds here and they don't know that it's coming, this is pretty substantial. I guess further discussion on how we buffer, even on the south side of that, we will have that at a later date, but we want to make sure we are very neighbor friendly, as much as we can possibly be. Just one question for Brad. Does this northeast tip -- is that near that pathway at all? Hawkins-Clark: Councilwoman de Weerd, it is. This sort of L or V-shaped lot is a common open space. The Ten Mile Drain does come down from the north and, then, makes a fairly sharp turn to the east here. I'm hesitating, because I believe that the pathway is, actually -- De Weerd: On the north side? Hawkins-Clark: -- on the north side. De Weerd: Okay. Hawkins-Clark: Yes. The pathway itself I don't believe abuts this. De Weerd: There were issues in the subdivision north of this on the groundwater levels and some mosquito issues. Is this subdivision going to be prone to some of those same issues? Watson; Council Member de Weerd, it very well could be, yes. De Weerd: Do we have practices or conditions that we can put in place to mitigate some of those or respond to them? Meridian City Council Meeting April 8, 2003 Page 10 of32 Watson: It's my understanding that the ones that were constructed in the subdivision to the north were initially not constructed properly, for lack of a better word, and that they have done some remedial action on those that have at least alleviated the problem. I'm not sure it's completely solved. I haven't been out there in a long time but the problem is with the requirements of DEQ right now. They conflict with what makes sense landscape wise and mosquito habitat wise, so this isn't the only spot we have to work through those, it's a wide-spread issue. De Weerd: Is there language that can be put on there and certainly more attention paid to it in this, so we do it right in this subdivision? Watson: There probably can be. The problem for us is that we don't have any jurisdiction over those drainage facilities that are serving public right of way. ACHD is inspecting those. We can probably do a little better job of taking a look at those when the plans come through in sensitive spots like this. Obviously, we don't have the authority to change the design, but we can certainly make suggestions and even at the inspection point we are out there doing a lot of things anyway, maybe take a look at it. De Weerd: Perhaps our ACHD representative, Bruce, can take that message back and maybe respond to Brad Watson on how we can better work together on that. Okay. Thanks. Thank you. Corrie: Anything else, Brad? Hawkins-Clark: Just to clarify, Mayor, that from the staff's perspective we do feel with the modification that Brad mentioned earlier on that note on our staff report, that the plat does substantially conform, the main issue to the Preliminary Plat. The Planning and Zoning staff is recommending that we -- we will ultimately bring to you an amendment to the zoning ordinance that allows these public service facilities that serve subdivisions to be allowed in these residential subdivisions. At this point, they were treating them as accessory to the subdivision, but when they hit a certain size, sometimes these public service buildings are not necessarily compatible. As Brad described, we feel confident that this can be made compatible and particularly with the signage that would be put up there and with the plat that gives the future buyers fair warning. That's just a clarification on that. Corrie: Okay. Is the representative here this evening? Conger: Mr. Mayor, Members of the Council, Jim Conger, representative of Heartland Development with -- my firm is Conger Management Group representing Heartland tonight. As far as the conditions of approval, we are in agreement with them. Note 7, Condition 7, changing that to Lot 1 and 5 is what the developer also thinks and the applicant thinks, so that is certainly acceptable. I think as far as the language of Number 7, we would certainly work with staff and come up with something that's certainly agreeable. Both parties, I think, are on the same page and moving forward with this, so that's not an issue. My client wanted to be crystal clear on that coming here. It's not a total last hour thought. They have been working on it and in agreement so, no further -- Meridian City Council Meeting April 8, 2003 Page 11 of32 Corrie: Okay. Thank you very much. Brad, is that plat date March 24, 2003? Hawkins-Clark: That's correct. Corrie: Any discussion? Bird: I have none, Mayor. Corrie: Okay. Then, hearing none, I will entertain a motion on the request for Final Plat approval of Castlebrook Subdivision. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Final Plat of 52 building lots and five other lots on 15 acres in an R-4 zone for Castlebrook Subdivision by Centennial Development, LLC. To make the changes in Site-Specific Number 7 referring to Lot 1 and 5, Block 1, and also order a plat notation if the change occurs at the time of signature on Lot 1 and 5, Block 1. Ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay. Motion made and seconded approving the Final Plat. Is there any other discussion? Okay. Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES Item 8. Continued Public Hearing from March 18, 2003: Dust Abatement Ordinance: Corrie: Item Number 8 is a Continued Public Hearing from March 18, 2003, Dust Abatement Ordinance. At the request of the Planning and Zoning Member, that we have been asked to have that continued until the April 15, 2003, meeting. Is there anyone here who cannot be at that meeting and would like to issue public testimony at this time? Okay. Hearing that, I will entertain a motion to continue the Public Hearing on the Dust Abatement Ordinance. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeling April 8, 2003 Page 12 of32 Bird: I would move that we continue the Public Hearing on the Dust Abatement Ordinance to April 15, 2003. De Weerd: Second. Corrie: Motion has been made and seconded. Any further discussion? All those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 9. Public Hearing: PP 03-001 Request for Preliminary Plat approval of 15 building lots, 1 existing house lot, and 2 other lots on 9.996 acres in an R- 4 zone for Setter Cove Subdivision by MKH Development, Inc. - east of North Locust Grove Road and north of East Ustick Road: Item 10. Public Hearing: VAR 03-008 Request for a Variance for block length to exceed maximum length of 1,000 feet for Setter Cove Subdivision by MKH Development, Inc. - east of North Locust Grove Road and north of East Ustick Road: Corrie: Item Number 9 and Number 10 is a Public Hearing. Item Number 9 is a request for Preliminary Plat approval of 15 building lots, one existing house lot, and two other lots on 9.996 acres in an R-4 zone for Setter Cove Subdivision by MKH Development, Inc., east of North Locust Grove Road and north of East Ustick Road. Item Number 10 is a Public Hearing, request for a Variance for a block length to exceed maximum length of 1,000 feet for Setter Cove Subdivision by the same group. If there are no objections with Council, I will open both 9 and 10 Public Hearings and invite staff comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. This piece of property is already annexed into the city, it does have an R-4 zone on it. It was annexed at the time that the Charter High School, Education Campus Subdivision came through a couple of years ago, in order to give it contiguity and -- with the SummeJiield Subdivision, which is here to the south and to the west. The R-4 zoning, under the Comprehensive Plan, this property is designated as medium density. As you may recall, we approved the Comprehensive Plan that allowed a shift, either one way up or one way down, from low to medium or medium to high, or medium to low, et cetera. In this case, they have exercised that clause in the Comprehensive Plan and it does allow them to go down to a low density. The property as it's shown on the screen is maybe slightly misleading, in that there has been a land exchange that occurred with the Joint School District NO.2 for the existing private drive that comes off of North Locust Grove Road. The high school, as you may recall on the Education Campus Subdivision, has included that as part of their property. The -- Item Number 9 is regarding the plat, the Preliminary Plat itself, and here is the aerial photo that gives you a better picture. There is the county subdivision called Heritage, which is a one-acre subdivision up here to the north. The elementary school that's currently being constructed is here in the corner of the school property. SummeJiield surrounds this property on two sides. Parkstone Subdivision, which the Council approved last week, I believe, is along this entire east boundary. The other one that's shown here across Locust Grove Road is the Heritage Meridian City Council Meeting April 8, 2003 Page 13 of32 Commons Subdivision by Brighton. Here is the proposed Preliminary Plat. They are proposing to take access off of East Layfield Drive, which is a collector -- residential collector street that was approved as part of the Education Campus Subdivision, so that would be -- that would be their primary ingress-egress into the site. Then, they do propose to construct a new public street that would come south off of that collector and, then, sort of T off into two cul-de-sacs. They are looking at fairly large lots in this subdivision. The Planning and Zoning Commission did recommend approval of the plat. The acreage, again, is 10.28 acres. They have an existing residence that is shown -- the footprint of the residence is shown here on the plat here on this northeast corner lot as you come in off of the new street and that existing house is 70 -- approximately, 73,000 square feet, that lot. Then, the remainder of them ranges right around -- the smallest lot being 15,600 square feet and, then, they range right around in that square footage. The open space that they are required to provide is shown here at the entrance. They have a street buffer, basically, and, then, a larger open space area here on the western side of the entrance. The Variance that's before you as Number 10 is required, again, because of block length. They have just a single block in the subdivision. Summerfield did not provide any stub streets to this property when it was platted. The school is providing access, so that is really the reason that staff is supporting the Variance. There is really no opportunity to shorten the block. Parkstone has been approved. There was some discussion, as you may remember, about a pathway coming in from Parkstone that Council decided since the school was easily accessible up here to the north, rather than going through Setter Cove Subdivision, that path was necessary. That was not provided to break up the block length. Unless you have any questions, I will stand for, thanks. Corrie: Any questions of staff? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And there is no stub street from Parkstone either right? There wasn't anything on that piece of property? Hawkins-Clark: That's correct. Corrie: Okay. This is a Public Hearing. Is the applicant -- or Pat here today? Raise your right hand. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Tealey: Yes. Corrie: Name and address, please. Tealey: Mr. Mayor, Members of the Council, my name is Pat Tealey, office address is 2501 Bogus Basin Road in Boise. I'm here representing Mr. Jim Hollister, who is part of MKH Development. Originally, this parcel -- excuse me -- had access through a 40-foot strip out to -- out to the main road on Linder. Through negotiations with the school / i Meridian City Council Meeting April 8, 2003 Page 14 of32 district and their ability to bring a road in for their required improvements on the property to the north, we worked out a land trade agreement and that's the reason that the property changed from 9.96 to 10.28 acres. Evidently, Mr. Hollister was a good enough negotiator that he got more than what he traded for, so that was the reason. As stated, there isn't any other access points available to us. Summerfield was platted some years ago with no access into this parcel and, as stated, Parkstone also has been approved without access into this parcel and we agree with that. It's just too small of a parcel and what we are trying to do with it was create a little -- a nice area with larger lots. I thank the applicant for that, I guess, rather than going the route of getting more density, we went the other way. We have read the staff report and agree with their findings and the findings of the Planning and Zoning and we are here to answer any questions, if you have any. Corrie: Okay. Any questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Tealey -- and maybe Mr. Hawkins-Clark said it and I just missed it. Is that an easement or is that a public roadway? Tealey: It's a public roadway. It's a collector road heading into Parkstone. It's a dedicated road through the plat -- what was the name of that plat? Hawkins-Clark: East Layfield? Tealey: No. The plat -- Academy or-- Hawkins-Clark: Oh. Education Campus. Tealey: Education Campus. Nary: Okay. All right. Thank you. Tealey: It's under construction right now. Nary: Now I remember. Thank you. Corrie: Thank you, Mr. Tealey. Is there anyone else from the public that would like to issue testimony? Okay. Council, do you have any other comments or questions of Mr. Tealeyor staff? Bird: I have none. Corrie: Then, I will entertain a motion to close the Public Hearing, if you so desire. Bird: Mr. Mayor? Meridian City Council Meeting April 8. 2003 Page 15 of32 Corrie: Mr. Bird. Bird: I move we close the Public Hearings Numbers 9 and 10. It's PP 03-001, the Preliminary Plat for Setter Cove Subdivision, and V AR 03-008, which is the Variance on block length for Setter Cove Subdivision. Nary: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing on Setter Cove Subdivision. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: The Public Hearing is closed on Item Numbers 9 and 10. Any discussion with the Preliminary Plat? Okay. Hearing none, I'll entertain a motion on the request for Preliminary Plat. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Preliminary Plat of 15 building lots and one existing house lot, two other lots, on 9.999 -- oh, sorry. What is the new acreage 10.3? On 10.3 acres in an R-4 zone for Setter Cove Subdivision and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Motion has been made and seconded to approve the Preliminary Plat of Setter Cove Subdivision. 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 Preliminary Plat is approved. MOTION CARRIED: ALL AYES Corrie: Next I'll entertain a motion on the Variance request. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I'd move that we approve the request for block length to exceed maximum length of 1,000 square -- or 1,000 feet for Setter Cove Subdivision and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Meridian City Council Meeting April 8, 2003 Page 16 of32 Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the request for a Variance. Any further discussion? Hearing none, roll calf vote, Mr. Berg. Rolf Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES Corrie: Before I do Item Number 11, the Public Hearing on Meridian Academy, I would like to inform the public that Item Number 12, which is the Montvue Medical Clinic, has requested to be continued to April 15, 2003, next week. Just in case anybody was here for that, I'll let you know ahead of time. Item 11. Public Hearing: CUP 03-002 Request for a Conditional Use Permit for an additional public school classroom building in an I-L zone for Meridian Academy by LKV Architects - 2311 East Lanark Street: Corrie: Item Number 11, then, is a Public Hearing. This is a request for a Conditional Use Permit for an additional public school classroom building in an I-L zone for Meridian Academy by LKV Architects, 2311 East Lanark Street. At this time, I will open the Public Hearing on Item Number 11 and staff comments first. Hawkins-Clark: Mayor, Members of the Council, this item is a Conditional Use Permit to add a 15,448 square foot classroom building to an existing school site. This site is on the north side of East Franklin Road, between Franklin Road and the Union Pacific Railroad corridor. Access to the site is taken off of Nola Street and, then, down Lanark. The parcel is owned by the Meridian School District and is a single parcel today. There is a school facility, bus facility, on the property, as well as the existing academy. The aerial photo here shows the relationship of those buildings on the existing site. There is a ball field, as you can see here on the north side. The access comes in off of Lanark, more or less in the middle of the property north south. The existing school building shown here on the Site Plan on the right-hand side was approved as a Conditional Use in 1992. It was deemed to have met the definition of a private school and that's why it was eligible to be put into this light industrial zone, if you were wondering why the combination of the school and the bus facility. The modular -- seven modular classrooms that are currently on the site are not shown on the Site Plan, but they are there and those, of course, would be removed should this Conditional Use be approved. The recommendation that you have from the Planning and Zoning Commission discussed parking and landscaping. A couple of outstanding issues there. I have had discussions with Mr. Scott Marshall of LKV Architects and he has been working with Wendy in our office and has submitted for the record a letter from Wendell Bigham at the School District, which you should have in your packets that, basically, states that the School District is amenable to these additional stalls that are shown here. The -- all of the asphalt -- it's a little bit confusing, in that north on this Site Plan is, actually -- is, Meridian City Council Meeting April 8,2003 Page 17 of32 actually, to the left, just not to confuse you, but -- so south is to the right and, then, east is here on the top. To the west, the School District has said that the Academy can basically use the stalls that are shown here on the south, even though, technically, it is all one piece of ground, so there is really no need for any kind of cross-access per se. They have -- we have received that letter that states that the School District is amendable to that. With the addition of those stalls, they do meet the minimum-parking ratio for the site so all of this asphalt is existing. The new portion is shown here along the eastern boundary. As you can see, they are proposing to add some new landscaping along that side. This landscape plat here would all be new, as well as this facility and, then, adding some new asphalt in between the existing building and the new building. On Item Number 2 on the Planning and Zoning Commission recommendation on landscaping, the first sentence could be struck. They have met that requirement with this revised plan that said that the east side of the property has to be brought into compliance. That's one tree every 35 lineal feet and they have shown that. Actually, Item Number 1 could be deleted in its entirety, because that discusses the parking arrangement. As shown here, with that letter from Wendell, they have met that. Should you make a motion, one could be deleted and, Number 2, the first sentence could be struck and I think the other requirements -- we are in agreement with the applicant. Thank you. Corrie: Thank you, Brad. Any questions of Planning and Zoning? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Brad, on that Number 2, wouldn't item -- wouldn't sentence Number 2 need to be stricken, too, because trees should be placed every 35 feet along the eastern -- that's being done, so -- on the plat, so why would it be part of the site-specific requirements if it's already on the plat? Hawkins-Clark: Councilman Bird, it is shown on the site plan. There is no plat involved here. Bird: Okay. Hawkins-Clark: But should you approve the revised plat, you're right, I mean they would have to comply with the Landscaping Plan shown. I guess I didn't think that that hurt anything to include that. Bird: No, it doesn't. I just wondered if you wanted to leave it in there. Okay. I have no more, Mayor. Corrie: Okay. Thank you. Is the applicant here this evening? Representative? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Marshall: Yes. Meridian City Council Meeting Aprll 8, 2003 Page 18 of32 Corrie: Name and address, please. Marshall: My name is Scott Marshall with LKV Architects, 1735 Federal Way, Boise, Idaho, 83705, is the office address, representing the Joint School District No.2. We have reviewed the comments from Planning and Zoning, agree to them, and have no issue with them. Corrie: Any questions of staff? Bird: I have none. Corrie: Thank you. Marshall: Thanks. Corrie: Is there anyone else from the public that would like to issue testimony at this time? Okay. Council, any other questions, or discussions? Okay. I will entertain a motion to close the Public Hearing. Mr. Bird. Bird: I move that we close Public Hearing CUP 03-002, the request for Conditional Use Permit for an additional public school classroom building in an I-L zone for Meridian Academy by LKV Architects. 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: Okay. The Public Hearing is now closed. Any further discussion? MOTION CARRIED: ALL AYES Corrie: I'll entertain a motion, then, for the Conditional Use Permit. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve CUP 03-002, the request for a Conditional Use Permit for an additional public school classroom building in an I-L zone for the Meridian Academy by LKV Architects at 2311 East Lanark Street. To -- in the site-specific recommendations from the Meridian Planning and Zoning, to eliminate Item Number 1, the parking. It has been taken care of through a letter from the Joint School District No. 2 and also on Item Number 2, the landscaping, to delete the first sentence and to Meridian City Council Meeting April 8, 2003 Page 19 of32 incorporate -- the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order and incorporate staff comments. De Weerd: Second. Corrie: Motion has been made and seconded. Is there any further discussion? Okay. I'll have roll call vote again. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Conditional Use Permit is approved. MOTION CARRIED: ALL AYES Item 12. Public Hearing: AZ. 03-004 Request for annexation and zoning of 1.37 acres from R-1 to L-O zones for Montvue Medical Clinic by Pinnacle Engineers, Inc. - 360 East Montvue Drive: Corrie: Item Number 12, as I mentioned, this is a Public Hearing for request for annexation and zonin~ on Montvue Medical Clinic. It has been requested to be continued until April 15 h. Again, I will ask is there anyone at Council that would like to issue testimony now that won't be able to on the 15th? Okay. Council, I'll entertain a motion to continue this Public Hearing until the 15th of April. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move that we continue the Public Hearing AZ 03-004, a request for annexation and zoning of 1.37 acres from an R-1 to L-O zones for Montvue Medical Clinic. McCandless: Second. Nary: To our -- I'm sorry to our April 15th meeting. McCandless: Second. Corrie: Okay. Motion has been made to continue the Public Hearing for the annexation and zoning. Any further discussion? All in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 13. Public Hearing: MI 03-004 Request to amend conditions of annexation for Boise Podiatry Buildin~ by Marshall Ogden -1065 Fairview Avenue: Meridian City Council Meeting April 8, 2003 Page 20 of32 Corrie: The last item on the agenda is a Public Hearing. This is a request to amend conditions of annexation of Boise Podiatry Building by Marshall Ogden, 1056 Fairview Avenue. At this time, I will open the Public Hearing and invite staffs comments first. Hawkins-Clark: I didn't realize we had so many slides on Montvue. Sorry about that. Here we go. Number 13 is the Podiatry Building. As you may recall, this was placed on a Pre-Council agenda I believe last month, at the request of staff, who was working with Mr. Marshall Ogden and the reason for it was the Annexation Ordinance did require certain conditions to be built for this -- for this site. At that point the City Council recommended that he approach Ada County and see what they would require if he were to be de-annexed. He did approach Ada County, as stated in the application, and the understanding of our staff is that he really didn't come to any conclusions or any -- get much information through Ada County as to what their requirements would be, that the annexation process was kind of new to them as well. In turn, this Miscellaneous Application has been submitted to amend four of the conditions that were placed on the annexation of this property. I don't know if Will could clarify this, but if -- the memo that was from Dave McKinnon that was submitted to the Pre-Council Meeting last month I didn't have in my packet, but if you don't have that, we could get that to you. It was dated March 6th. That kind of gave the background to this property. Generally, the request that's before you tonight is to change -- there are four conditions that Mr. Ogden has proposed to amend through this application. The first one is -- as shown here on the aerial photo -- again, we are talking about the property on the south side of Fairview that is across from what was approved last month as Devon Park Subdivision, the Fairview Lakes -- also called Fairview Lakes here on the north side. Harry's Car Wash is pretty much right across the street. As you can see, there is an existing structure on the site that was the podiatry clinic for several years. The requirements placed on the annexation were for a 25-foot landscape buffer to be constructed on the south side of Fairview beyond the future right of way, which would, essentially, eliminate the parking that they currently have there or reduce it significantly. They would be forced, in order to comply with our Parking Ordinance, to construct new parking. They also are not on city water or sewer at this point in time and so they are asking for a waiver from hook up to sewer until it's appropriately available. They are agreeable to hook up to city water. As you may recall, the sewer -- and Brad can speak to this more, but -- is set at the Master Facility Plan to come here to the south. There is a stub street in the subdivision to the south and as this parcel is redeveloped in the future, likely the sewer would, then, come up and this property would hook up at that point. Here are a couple of site photos of the building. You can see there is a little bit of landscaping that's shown here, no street trees are there. The parking lot doesn't show much striping and, then, here is a Site Plan of how the site is laid out with the lawn and the parking and, then, the majority of this eastern half is currently pasture. I think in terms of process, if you agree, city staff would work with the attorney's office to come back with amended conditions on the annexation ordinance that places these conditions currently. That's all I have at this point. Corrie: Okay. Mr. Watson, any comments? Okay. Is the applicant here tonight? Representative? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Meridian City Council Meeting April 8, 2003 Page 21 of32 Blake: Yes. Corrie: Name and address, please. Blake: Kim Blake, 2252 East Green Meadow Court. Okay. Did you have questions? Corrie: I was just going to say, anything that you want to add to the request for the conditions -- amending the conditions? Blake: Well, I would like -- can you go back to that last -- the last view you had there, the overhead. It wasn't -- not the overhead picture, but the -- yes. The footprint. This is showing in the area between the home, it shows a parking lot and, then, lawn. That-- that lawn is really only about ten feet wide. That's -- it's a little deceiving there, because it looks like it goes out into the street. Those two trees that are shown there, we could do something like that, but they would be back much farther, right -- they would have to be right next to the parking lot. Now, we -- we are willing to do that and, in fact, anxious to make it look nice. That's the only comment I have on that. Corrie: Okay, Mr. Blake. Any questions of Mr. Blake? Bird: I have none. Corrie: Okay. Thank you very much. Is there anyone else here that would like to issue testimony? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? C. Blake: It is. Corrie: Okay. Name, please. C. Blake: Cheryl Blake. My husband and I are at the same address. Mr. Ogden should be here any moment. He's the one that is the applicant. We can talk to you -- we wanted to rent the property and we can tell you what we would be doing to make it look very attractive and fit in with -- like the house next door that's already a business and many other properties along there that are the older homes that have been turned into retail. If you have any questions -- that way we can give you our ideas, but Mr. Ogden is teaching a class and he should be here any minute. Corrie: Okay. Thank you. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: You know, I think that we need to get the Development Agreement and get it manufactured with these changes, these four, or five before us, before I want -- I want to see the actual Development Agreement before I pass or deny or whatever. I mean having a memo on this and a memo from ACHD don't really -- don't really -- but I'd like Meridian City Council Meeting April 8, 2003 Page 22 of32 to see the attorney and Planning and Zoning get together and get these incorporated right in the agreement and, then, have that, so that we can read and go and other than that I don't feel comfortable doing it, because it is a major -- there is some major changes in the Development Agreement. Corrie: True. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I just had a question for Mr. Nichols. Does this need to go back to the Planning and Zoning Commission at all or is it -- is it just simply here to make this application? It's a little different than the norm, that's why I didn't know-- Nichols: Mr. Mayor, Members of the Council, the annexation that was approved was just the annexation, there wasn't any development -- that I recall there wasn't any development proposal with it, so it wasn't like not -- it's not like there is going to be any significant change to the development proposal if you change the conditions of annexation. Basically, as I understand the application, it's asking for a waiver from some of the existing ordinances and that's why it's here on a miscellaneous application, because it didn't really fit anything else. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Would it be more appropriate, Mr. Nichols, that it be -- and I'm not going to make them pay a fee, but that it really be more in a staff report format of this waiver request from the annexation requirements. Because I think you're exactly right, I think when we had this pre-Council discussion, my recollection was -- was that we had told Mr. Ogden, first, decide what you want. If you want us to de-annex, we will consider that. If you want to continue to be part of the city, then, you're going to have to decide which of these conditions you don't think are appropriate and, then, I guess you're really asking us to waive those conditions or waive them for a period of time before they have to do that. Maybe that's kind of what I think Council member Bird is asking is sort of something that gives a little more concrete that we can kind of see what we are passing but does that make sense? Nichols: Mr. Mayor, Members of the Council, I think it makes perfect sense, because we -- you need to have the application in front of you to see what the applicant is actually asking for. We don't -- somehow or another it didn't make it into the packet. A staff report, you know, sets forth their issues with regard to should this be done or not and what's the impact of deferring hook up to sewer until such time as the property south of the existing building develops, so that you're not running a very long sewer line just for one house. Those -- and, again, in fairness to staff, because this was out of the ordinary, it didn't get into the usual drill for staff comments and such. c Meridian City Council Meeting April 8, 2003 Page 23 of32 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, can -- and, again, I don't want these folks to pay another fee or anything, but I mean that makes the most sense to me, is that your folks look at it and analyze it as to what their request is. Right now it appears that what we are seeing is is that you're not asking to be de-annexed, you're asking to continue the annexation, but you're asking to either waive or delay adherence to certain conditions that are imposed by the annexation and are existent because they are annexing. Would that make -- would that take about two weeks, three weeks, four weeks, do you think, to make that analysis and have a staff report and, then, bring this back -- and, obviously, when Mr. Ogden can be here, but bring this back again, so we have something more concrete in front of us? Hawkins-Clark: Mr. Mayor, Councilman Nary, we haven't received any -- any kind of site plan to date. [f ['m hearing you right, you're asking us to basically meet with Mr. Ogden and these potential clients, users of the property, to understand what improvements are they willing to make, at what point in time would we ask for those to be made. I think we could certainly, you know, get that done in a couple weeks easily. You know, as I understand the request, they are not asking, really, to -- they are not proposing to comply with any of the conditions in terms of ordinance today, which would involve the parking lot -- really, I guess the main one is hooking up to water and sewer and the landscape buffer. I mean, really, those are the big ones. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And [ think -- I agree. I think that's what was intended and I guess what I would prefer and [ think what Councilman Bird was asking, something a little more concrete, rather than just Mr. McKinnon's letter, because Mr. McKinnon's letter just said this is kind of what happened. He proposes that it's either de-annex, continue with the annexation with some -- either a waiver of delay or what those requirements are, what the specific things are. I guess maybe it's just the comfort level we have in having the staff report and having that testimony, but, you know, I don't want to -- I guess I don't have a concern if we set it over for two weeks. I just don't want to set it over for two weeks and we have to set it over for three, because your staff was pretty swamped in trying to get a report prepared. I guess ['d rather set it over for three weeks, get it done, than two weeks, and continue it. If you think two weeks is probably plenty, that's fine. If you're thinking three would be safer, I'd rather just do it once and, then, we at least have something more concrete. I don't know that we have a lot of heartburn with what's being asked, but I guess I want at least some analysis and some input from you folks as to what impact that has and I think Mr. Nichols hit it right on the head, what does it mean, is that a good thing or a bad thing, is it a Variance, does it meet the requirements to have a Variance or a delay. You know, that's I think what we are looking for to give us some guidance. Hawkins-Clark: Okay. Meridian City Council Meeting April 8, 2003 Page 24 of32 Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Another concern I have got is with the applicant being so -- for lack of a better word -- wishy-washy on what he wanted -- which way he wanted to proceed. I want him to see this new annexation out in writing, too, with these changes and stuff before -- because it's only fair. 11m like Mr. Nary, I don't care whether it takes two weeks, three weeks, but whatever it's going to take, let's get it done and let everybody get a look at it in its new format before we make a judgment on it. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Berg was reminding us that we currently do not have a meeting scheduled for the 29th of April, because that's our fifth Tuesday, which is the one time we get to do something else or nothing at all. It would probably be the 6th of May would be the soonest. I have no problem with that timing. I don't know how that affects anyone else, but it seems like there is some issues that really need to be resolved and we need the time to do that. Hawkins-Clark: Mr. Mayor? Corrie: Does the 6th of May work for you? Hawkins-Clark: Yes. If that's your date, then, we will meet that. If I could just request clarification from Mr. Nichols. I think we -- this is fairly new to us. I mean, essentially, we are -- we don't -- we are not amending a Development Agreement, we are amending our ordinance, which I didn't think was possible; is that correct? Nichols: Mr. Mayor, Members of the Council, Brad, the ordinance simply annexed the property. The issue was other ordinances, which require -- for example, the Landscape Ordinance it required property along Fairview to have a certain landscape buffer. In order get it -- these folks wanted to rent the building, have a commercial use, and so, you know, well, I guess that's a question we have to look at. Is this a non-conforming use at the time that it is annexed that requires -- or doesn't require compliance with the Landscape Ordinance in order for this new business to operate there? I mean that's a legitimate question. Same thing with the parking. The sewer and the water is a little different, because we don't -- we don't make a distinction about non-conforming uses when it comes to water and sewer. A deferral for sewer hook-up may make sense if it's going to be an unreasonable burden or it's going to result in an under-sized line that runs from that house all the way down to that sewer in the street in the development to the south. Some of the health concerns are alleviated by having it hook up to city water, so that you don't have an issue about well contamination. You still have the sewer issue, but -- I mean a septic issue. I think those are the kinds of things we are looking at. I mean the ordinance itself didn't address any of those things. Meridian City Council Meeting April 8, 2003 Page 25 of32 Hawkins-Clark: According to Mr. McKinnon's memo, the ordinance -- the findings that accompanied the ordinance and the Conclusions of Law did include the condition to comply with Meridian City Code. Nichols: Right so, that's what we are talking about is relief from those conditions in the Findings, because the ordinance doesn't address them. Hawkins-Clark: And is the appropriate method to amend Finding conditions through the Ml? Nichols: Probably. Yes. Hawkins-Clark: Miscellaneous Application. Nichols: Probably. That's probably -- treat this application as one to amend the Findings, not to amend the ordinance for the conditions of approval. Sorry for the long road to get there. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And the only other potential, I guess, issue, Brad, is that if it's something that -- if it were to rise to the level of requesting a Variance from the ordinance, because they can't comply with it, you know -- the one that springs to mind just looking at it is the landscape buffer on Fairview Avenue, 35 feet. Hawkins-Clark: Twenty-five. Nary: So, that might be in their front door. I mean I don't know how far that is, but if that lawn is ten feet, it's going to be halfway through that parking lot. That may not be very practical for this property, so a Variance might be appropriate. I don't know. That's, again, the same discussion of whether it's just amending the Findings or maybe included with that is a waiver or a Variance request, too. I mean, again, I think we just want a little concrete information before we actually make a decision. Hawkins-Clark: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Does the property owner who has this also own the property to the east, the pasture area? Corrie: Yes. That's that little piece in there. Meridian City Council Meeting April 8. 2003 Page 26 of32 De Weerd: So, I guess another option would be that improvements could be made once that's developed, because they can have parking to the east. There are a number of requests he could do, but I agree when he came in to talk to us at Pre-Council, he didn't really know what he wanted and when we walked away, I don't see anything new on his request, so, from that point. Corrie: Would you like to answer some questions? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Ogden: Yes. Corrie: Name and address, please. Ogden: Address? Corrie: Name and address. Ogden: Oh. Marshall Ogden, 7000 PIano Lane, Boise, Idaho. 83703. I didn't think you guys would be this fast. Corrie: What we kind of wonder is what do you really want to do? We thought we might have you and others get together and make out what you wanted to have done and whether you want to have annexation, with certain things not being -- no sewer, the water, things like that and, then -- so we know exactly what you want and we don't mind what you're wanting, but we don't know what it is yet. Ogden: Okay. I -- you admonished me to contact Ada County. I did. I called three times in three different weeks and no one returned my call and, then, I called -- this is the individual that J was told to call. Then, I called and asked if there was someone else and I talked to them and they said they didn't know, had to find out and get back to me and they didn't. Then, I called somebody else and they -- I said anybody, just let me talk to anybody, and he said that he would get the information for me and he did not call me back. Then, I talked to one individual who had been with Ada County before and now is private. He knew all the people and the next day I got a call and he said he'd find out by tonight's meeting. I called and -- he hadn't given me the information and I called and they said that he was out of town or he wasn't in the office. I said, well -- I told them what the deal was and she said I can do nothing for you. Then, I called back and got ahold of -- my mind slips, but -- what his name was. Anyway, he told me this afternoon, he says there is nothing in the ordinance to address the situation and we don't know how to advise you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Ogden, I know for a person that doesn't do this for a living it is really a different situation and so we are not trying to pass the buck. When we met before, you Meridian City Council Meeting April 8, 2003 Page 27 of32 know, I think what we were trying to get across to you was that the first decision you need to make was whether or not that you wanted to continue to be in the city. Ogden: Right. Nary: Or whether you wanted to de-annex out of the city. Ogden: And I didn't know what to -- Nary: And I understand. De-annexation is not a common thing, but it is a statutory thing, so it's not that complicated and that may have been part of this issue with the county is it may not have been clear to them what you were seeking. If you would continue to -- if you would like to continue to be within the City of Meridian, I think what we have been discussing before you got here was that we are not very clear from the information that we have exactly what it is you're wanting. To try and put some framework around what that is, what we are contemplating doing is continuing this matter for a short time, so that there is an opportunity for you, your potential tenant. The Planning staff to discuss what requirements you have that are imposed upon you by this property being annexed into the city. What, then, needs to be done to make this usable by your potential renters and what parts of those requirements either need to be delayed or when, because they don't fit with what we are trying to do. There is a couple of legal things that we have discussed with the planning staff as to what exactly we need to, then, make a decision if we agree with that or not. Right now all we have is, really, the same information we had the last time we were here, other than it appears you don't want to be de-annexed. You simply want to us to consider which -- our ordinances which apply today we may not apply to you right now, but maybe allow some time period in which to comply with those things. We just don't have enough information to make that decision today. Ogden: Well, I -- you received a letter that I wrote? Nary: No, I don't have a letter. Corrie: When did you write it? Hawkins-Clark: It was in the packets, Mr. Mayor and Council Members, right behind the cover sheet of his application. The handwritten letter. Nary: We didn't have anything in our packet. Bird: We had nothing on the electronics. Ogden: I delineated out what my desires were in that letter. I felt all along that it was, eventually, going to be in the city, the hope would be instead of avoiding -- I mean to avoid all this back and forth. If we could come up with something that would be, you know, compatible with your rules and, yet, doable for us. Nary: Mr. Mayor? Meridian City Council Meeting April 8, 2003 Page 28 of32 Corrie: Mr. Nary. Nary: And this is sort of what we are talking about. We didn't -- we don't have it, we didn't received it in the form we usually get it. We have got it in a written form, but I think what we don't have that we commonly do is a report from the Planning staff to say what their opinion is in relation to the ordinances, whether it complies or doesn't, and a recommendation to us on whether or not we should agree or disagree and, then, we get to make -- Ogden: What should I have done besides send a letter to have that happen? Nary: I don't know. Couldn't tell you. I don't know where -- this letter looks like it went to us, is what it -- it's directed to the Mayor and Council. It doesn't necessarily look one at the Planning Department. It doesn't appear there was any discussion between you, the Planning staff, and maybe your potential tenant as to the request that you're making; is that right? Hawkins-Clark: Mayor and Councilman Nary, no, I mean Mr. Ogden followed the right procedure. I mean he came and got an application, cover sheet for a miscellaneous application, and filled it out. Ogden: I have notarized stuff that-- Hawkins-Clark: He notarized it and we processed it as a standard application. I -- you know, I think we probably just need to take responsibility for not writing a detailed staff report, since we weren't exactly sure what we were amending and what the Council needed to -- I mean he clarified four points in his letter, you know, related to the findings that were tied to the annexation ordinance. Ogden: I spent the morning over there, went through all these papers, made 35 copies, and went and got, you know, all this stuff, for whatever all that meant. I didn't know what else I was supposed to do. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Okay. I guess what Mr. Hawkins-Clark is saying, Mr. Ogden, is that he probably didn't need to do a lot more. They were unclear or were asking and seeking direction from us, what we needed to be able to make a decision on these things. One of the things we needed is, really, their analysis of this in relation to other properties and what the ordinances say. Maybe because he has at least outlined that in his application, Brad, instead of four weeks, maybe two weeks is enough time or do you think even one? I don't know. Hawkins-Clark: I think to get a detailed analysis, I wrote down that what we are looking at was it non-conforming at the time of annexation, is a Variance appropriate. We need Meridian City Council Meeting April 8, 2003 Page 29 of32 to look at specific requirements imposed by the code and which one will the applicant meet and which one will he not. I think we will do a report based on these questions, but we do need two weeks to do that. Ogden: Something must have been done, because I got a letter from the ACL -- whatever it is. Corrie: ACHD. Ogden: ACLU. Corrie: ACLU. Yes. Ogden: And so somebody has done something. I don't know. I -- I don't know. I'm just doing what I -- Nary: Mr. Mayor? Ogden: People tell me to do. Nary: And, Mr. Ogden, it sounds like that, basically, we just -- staff wasn't really sure what you were requesting and this is just kind of different. This isn't something we normally see. I think we all agree this is a little bit out of the norm. They were just needing a little bit further direction. I think Mr. Hawkins-Clark has that direction. I think we are still going to need a couple weeks to get that information back from them, so that we can make a reasoned decision with the best information that we have. Again, you didn't do anything wrong, I think you provided what you could. If they have other questions and try to get that information to us in a report prepared, they may re-contact you, but I think we just need a little bit more -- now they know clearly what we are saying, as well as what our counsel is saying as to what they need to put together in a report. I think we are still going to need a couple weeks. Sorry, again, you know, for the delay, but I don't think we really have an option. I don't think we have enough information tonight for us to make a decision. That's what we discussed a little bit before you came in the room. Ogden: I'm trying to, you know, follow through with good intentions. I contacted a couple of -- I didn't really know the water was out in the road in front of us there and so I contacted people to get estimates of costs of putting water in there, even though we don't need it. Because we have got a well, but you know, something to try to compromise on, you know, facilitating this. What do I need to do from -- Corrie: You need to contact Brad Hawkins-Clark. You two get together -- you can be invited, if you like. What you -- what you want to do. We'll put it down in a form and bring it back here and we can vote on it and get it done for you. We don't really know until he tells us everything is on there. See, you have only -- I don't have it with me, but we think we know what you want, but we don't know for sure. You need to talk to Brad, Brad will print it down for us, bring it back here in one week, or two weeks, I don't know. Brad can make that decision. Two weeks. Two weeks. We will come back the 22nd of Meridian City Council Meeting April 8, 2003 Page 30 of32 April and we will give you the final decision on it. We know and you know exactly what you want and we know exactly what you want and we will probably give you what you want, hopefully. We won't know until we get this all down. It's kind of disheartening for you, you know, that all this time is being spent, but it's better we do it right the first time, than going back and forth. Ogden: It's just hard for me to make decisions when I didn't have any facts to __ Corrie: I understand. De Weerd: We have the same problem. Ogden: Yes. I just thought I had gone through all the process and I really-- Corrie: All it will cost you now is two weeks. No money, just two weeks of time. Okay. Thanks. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Just to make sure we understand the process, I guess what I anticipate doing is Brad reviewing the application again to make sure he's got all the issues that he wants to look at. Then, the staff may have to look at those things some before they actually -- before Mr. Ogden is -- or Dr. Ogden is contacted, so that -- I mean he can address each one of those particular issues. Then, the staff can finalize a report, which would come, and, then, that report would also go out to Dr. Ogden to look at before the 22nd, so that he can read through it and see what staff is recommending on those issues. Brad, do you agree that that's about the process that we would be looking at? Hawkins-Clark: Yes. That sounds good. I know Mr. Ogden has been working with Dave McKinnon in our office and so there is a working relationship there already and we will be sure to get a hold of you and we will get this nailed down. Corrie: So they will get a hold of you for that. Ogden: Call me if there are any questions before 11 :00 at night. Corrie: Okay. We will do it. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: You can ask Dave to maybe help facilitate getting an answer from Ada county, so we can at least know what the choices are, even for Mr. Ogden. Meridian City Council Meeting April 8, 2003 Page 31 of32 Nichols: Mr. Mayor, Members of the Council, and, Brad, I think the issue is if it's de- annexed, will he have to go through some sort of re-zoning application with the county with regard to that property. If that's the case, what would he be looking at in time requirements, conditions, those -- I think that's probably-- Ogden: That's the question I asked them. Nichols: And since -- even though it's in the statute, you know, nobody's done it since Jess Hawley was governor, so, you know, nobody knows how to de-annex or what happens to a piece of property. Ogden: Well, I was counting on you guys all being intelligent and elected officials to tell me what to do. Corrie: That's an oxymoron, maybe. Okay. It could be an oxymoron. Okay. I will entertain a motion, then, to continue this Public Hearing, then, until the -- I'm sorry. Yes. Come up, please. Your name again. Blake: Oh. Kim Blake. On Green Meadow Court. My question is is there something -- can we continue to use this as a business in the meantime, like it was in the past, or does the land just need to sit idle, then, until -- Nichols: Mr. Mayor, Members of the Council, that's what's caused the whole thing. We have got to get a handle on what has to be done in order for this property to be occupied as a business. I don't think we have answered the question adequately yet, Mr. Blake. Blake: Okay so, we can't even continue the way it was, then? Nichols: Well, that's the issue, is the way it was when it was a Podiatry Building or-- Blake: Right. Nichols: And that's one of the things we have got to look at. That's why we are talking about non-conforming uses, which are treated differently than non-conforming structures, and those sort of things. Unfortunately, we are just going to have to sort it out and, you know, there may be Fire Code issues for, you know, whatever reason, too, that -- because the building was vacant for a period of time, as I understand it. It was not used as a commercial business for a while? Blake: For a short time. Nichols: A couple months. Okay. Less than a year? All right. That's the -- that's part of the record, then, is less than a year, so we will look at that part, too. Blake: Okay so just, hold off? Corrie: Yes, please. Meridian City Council Meeting April 8. 2003 Page 32 of32 Blake: Thank you. Corrie: Thank you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move that we continue Item 13, Public Hearing MI 03-004, the request to amend conditions of annexation for the Podiatry Building by Marshall Ogden at 1065 Fairview Avenue to our April 22, 2003, meeting. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? All those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Sorry. We will get through this yet, Mr. Ogden. Okay. With that, I -- if there is nothing else, I will entertain a motion to close the regular Public Hearing -- or, excuse me, close the Regular Meeting of the Council. Nary: So moved. Bird: Second. Corrie: Motion made and seconded. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Close at 8:40. MEETING ADJOURNED AT 8:40 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) fJ~ RT D. CORRIE, MAYOR April 4, 2003 V AR 03-009 MERIDIAN CITY COUNCIL MEETING April 8, 2003 APPLICANT Howell-Murdoch Development Corp. ITEM NO. 3. F REQUEST Findings - Request for a Variance to allow blocks 3, 4 and 7 to be shorter than the minimum of 500 feet and to allow blocks 1 and 8 to exceed maximum block length of 1,000 feet for proposed Watersong Estates - northwest corner of N. Linder Road and W. Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HfGHWA Y DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: \0tNfQ.,N Y'\.JJ VA / Date: L1 /1.1 /D~ Phone: 3761 ~ 7J~O L-(~ - I I Materials presented at public meetings shall become property of the City of Meridian. See attached Findings IfV ~pyrro RECEIVED APR 0 1 2003 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF HOWELL- ) MURDOCH DEVELOPMENT ) CORPORATION, FOR A VARIANCE ) TO ALLOW BLOCKS 3, 4, AND 7 TO ) BE SHORTER THAN THE ) MINIMUM OF 500 FEET AND TO ) ALLOW BLOCKS 1 AND 8 TO ) EXCEED THE MAXIMUM BLOCK ) LENGTH OF 1,000 FEET IN THE ) PROPOSED W ATERSONG ESTATES ) SUBDIVISION, LOCATED ON THE ) WEST SIDE OF LINDER ROAD, ) APPROXIMATLEY ~ MILE NORTH ) OF USTICK ROAD, MERIDIAN, ) IDAHO ) City Of Meridi311 City Clerk Office C/C 03/25/03 V AR-03-009 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on March 25,2003, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and Darin Fluke, appeared and testified, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE! V AR-03-009 HOWELL-MURDOCH DEVELOPMENT CORPORATION / WATERSONG ESTATES SUBDIVISION Page 1 of9 Ordinances codified at Title 11 Municipal Code ofthe City of Meridian and all current zoning maps thereof and the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382 and Maps. 2. The requirements ofIdaho Code SS 67-6509, 6516 and Meridian City Code SS 11-15- 5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Howell-Murdoch Development Corporation, whose address is 4822 N. Rosepoint Way, Suite C, Boise, Idaho 83713. 4. The owners ofthe property are Howell-Murdoch Development Corporation, 4822 N. Rosepoint Way, Suite C, Boise, Idaho 83713. 5. The location of the subject property is presently located on the west side of Linder Road, approximately 'l'4 mile north of Us tick Road, Meridian, Idaho within a present RUT zone, with an R-8 requested. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and which legal description and Vicinity Map appear in the record of proceeds of this matter, and which are on file with the Meridian City Clerk's office. 7. The present land use of subject property is presently zoned as RUT (Rural Urban Transition), and which subject property is presently agriculture. 8. The proposed land use of subject property is to develop the subject property in the fo Bowing manner: 124 single- family detached building lots and 12 common lots ranging in size from approximately 6,662 s.f. to 12,180 s.f., at an overall gross density of 3.18 dwelling units per acre, according to the Preliminary Plat filed with the Meridian City Clerk's office dated 3-7-03. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-009 HOWELL-MURDOCH DEVELOPMENT CORPORATION / W ATERSONG ESTATES SUBDIVISION Page 2 of9 9. That a Vicinity Map, which is on file with the Meridian City Clerk's office, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 10. The Applicant seeks a variance ofthe following provision of the Meridian City Code, S 12-4-5, BLOCKS, and in the RUT zone, if granted the re-zone to R-8, which provides as follows: 12-4-5 BLOCKS: Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (500') nor more than one thousand feet (1,000') in length. 11. All property owners within three hundred feet (300') ofthe external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the Planning and Zoning Department. 12. The characteristics of the subject property which prevent compliance with the requirements of the ordinance are that Blocks 3, 4 and 7 of the proposed Watersong Estates Subdivision are shorter than the 500 foot minimum block length. Blocks 1 and 8 exceed the 1,000 foot maximum block length. The applicant stated in the application that the location of the approved stub streets in the surrounding subdivisions and the location of the White Drain along the north property line do not allow the block length to be broken up by the inclusion of additional stub streets. Bridgetower Subdivision to the west has already been approved, locking in the location of the stub streets along the west property line. The White Drain exists along the northeast corner FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-009 HOWELL-MURDOCH DEVELOPMENT CORPORATION / WATERSONG ESTATES SUBDIVISION Page 3 of9 ofthe project, causing the north stub to shift west to provide a better connection to the north property. The access from Linder Road along the east was reduced from two to one connection and aligned with the entrance to the new Middle School site, at the request of ACHD. The applicant has provided a total of four (4) stub streets to the properties surrounding the proposed Watersong Estates Subdivision (1 to the north, 1 to the south, and 2 to the west in alignment with the approved Bridgetower Subdivision streets). The applicant has revised the preliminary plat per staff s recommendation to provide better internal connectivity. It is found that requiring additional stub and/or connections would not be reasonable or practical. It is also found that the smaller block lengths will provide enhanced internal circulation and connectivity within the subdivision. Requiring the applicant to increase block lengths would not benefit the city or future residents. 13. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property are as stated above in number 12, and it is found that strict compliance with the City's Ordinances would not be of benefit to the City, the surrounding property owners or the applicant. Based on the nature and location of stub streets within the adjacent development, location of the White Drain, and the required alignment with the Middle School entrance, it is found that strict compliance to the MCC 12-4-5 would be unreasonable and would not result in inhibiting the objectives ofthe Meridian City Code. 14. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with, and the special conditions and circumstances that exist, are as stated above in number 12 and number 13. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-009 HOWELL-MURDOCH DEVELOPMENT CORPORATION / WATERSONG ESTATES SUBDIVISION Page 4 of9 15. It is anticipated that the variance will not be detrimental to the public's welfare or injurious to other properties in the area. 16. It is found that the issuance of a variance(s) to allow the 1,000 foot maximum block length and the 500 foot minimum block length within the Watersong Estates Subdivision do not have the effect of altering the purpose and interest of the Zoning Ordinance. This is based on the provision of additional internal street connections, which provide increased interconnectivity within the subdivision and existing circumstances created by previously approved stub street locations, the White Drain location and compliance with ACHD requirements. 17. The variance would not constitute any special privilege for the property owner that could not be sought by owners of other land in the same situation, and the request does not conflict with any provisions of the Comprehensive Plan. 18. The granting of the requested variance will not be detrimental to the Public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance with the conditions of approval and the requirements of the Subdivision Ordinance will prevent the conditions which are the source ofthe complaints raised in the public hearing ofthis matter. 19. The granting of this variance will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 20. The applicant paid the fee established by the City Council for application vanance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE! V AR-03-009 HOWELL-MURDOCH DEVELOPMENT CORPORATION / W ATERSONG ESTATES SUBDIVISION Page 5 of9 21. The applicant shall be required to comply with the conditions and requirements of the Meridian Fire Department listed in their letter dated March 17, 2003, and the Ada County Highway District listed in their letter dated March 6,2003, wherein the applicant shall be required to comply with the conditions and requirements ofthe corresponding applications in this matter, Cases AZ-02-029 and PP-02-030, for the Watersong Estates Subdivision. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions ofIdaho Code 9 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code S 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code S 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code 9 67-6509,6516 and Meridian City Code SS 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code S 11-18-2, and the findings which are required are set forth in Meridian City Code 9 11-18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-009 HOWELL-MURDOCH DEVELOPMENT CORPORATION / W A TERSONG ESTATES SUBDIVISION Page 6 of9 developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, 9 12-4-5, BLOCKS, and in theR-8 zone, if granted there-zone, provides as folIows: 12-4-5 BLOCKS: Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (5001) nor more than one thousand feet (1,000') in length. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: That the Applicant is hereby granted a variance to allow Blocks 3, 4, and 7 to be shorter than the minimum 500 foot minimum block length and to allow Blocks 1 and 8 to exceed the 1,000 foot maximum block length requirements in Watersong Estates Subdivision. Additionally, the applicant shall be required to comply with the conditions and requirements ofthe Meridian Fire Department listed in their letter dated March 17, 2003, and the Ada County Highway District listed in their letter FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-009 HOWELL-MURDOCH DEVELOPMENT CORPORATION / W ATERSONG ESTATES SUBDIVISION Page 70f9 date January 27, 2003, wherein the applicant shall be required to comply with the conditions and requirements ofthe corresponding applications in this matter, Cases AZ-02-029 and PP-02-030, for the Watersong Estates Subdivision NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code Section 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a variance ofthe Block Requirements in the R-8 zone as provided in the Section 12- 4-5 and may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~...fl- o - dayof H~ , ,2003. ROLLCALL: COUNCILMAN KEITH BIRD VOTED~tL COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE McCANDLESS VOTED~tt-- COUNCILMAN WM. L. M. NARY VOTED /li; ~r FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE! V AR-03-009 HOWELL-MURDOCH DEVELOPMENT CORPORATION / W A TERSONG ESTATES SUBDIVISION Page 8 of9 MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~- 8-03 -- VOTED MOTION: APPROVED: ~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. ::= ByJldL-fr~r City Clerk Dated: 4-- g - 03 Z:\ Work\M\Mcridian\Meridian I 5360M\Watersmg Estates V AR-03-009\FrclsGrantVariance.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-009 HOWELL-MURDOCH DEVELOPMENT CORPORATION / WATERSONG ESTATES SUBDIVISION Page 9 of9 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REQUEST TO REVIEW THE ISSUE OF THE CONNECTION OF TEARE A VENUE AND FAIRVIEW LAKES, LOCATED AT 824 EAST FAIRVIEW AVENUE, MERIDIAN, IDAHO BY: F ARIVIEW LAKES, LLC, APPLICANT C!C 03/25/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. MI-03-003 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO REVIEW THE ISSUE OF THE CONNECTION OF TEARE AVENUE AND FAIRVIEW LAKES The above entitled matter coming on regularly for public hearing before the City Council on March 25,2003, 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, Doug Tamura, Christy Richardson, and Randy Hopkins, appeared and testified, and the City Council having received a report from David McKinnon Planner II for the Planning and Zoning Depmtment, 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 to review the issue of the cOlmection of Teare Avenue and Fairview Lakes, and which application is herein received and adjudged by the City Council pursuant to Meridian City Code S 8-2-5, and being fully advised in FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO REVIEW THE ISSUE OF THE CONNECTION OF TEARE A VENUE AND F AIRVIEW LAKES BY FAIRVIEW LAKES, LLC FORMI-03-003 - 1 the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows: FINDINGS OF FACT 1. The property is generally located at 824 East FaiTview Avenue, Meridian, Idaho. 2. The applicant of the subject property is Fairview Lakes, LLC whose address is 111 Auto Drive, Boise, Idaho 83709. 3. The owner of the subject property is Fairview Lakes, LLC whose address is 111 Auto Drive, Boise, Idaho 83709. 4. The location of the subject property is presently located in C-G, C-N, and R-40 zones, and which review is over the issue of the connection of Teare Avenue and Fairview Lakes. The submitted Site Plan depicts the area of the connection of Teare Avenue and Fairview Lakes, and which Site Plan is on file with the Meridian City Clerk's office located at 33 East Idaho Street, Meridian, Idaho. 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, Fairview Lakes, LLC, has requested approval to connect Teare Avenue with Fairview Lakes with removal of the bollards. 7. This miscellaneous application is a request to review and to resolve the issue of boIlards on Teare Avenue and the cOIDlection of Teare Avenue with Fairview Lakes. At a public hearing for the Fairview Lakes project, it became apparent from public testimony that the neighborhood to the north and to the east of this project did not want any connections to the FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO REVIEW THE ISSUE OF THE CONNECTION OF TEARE A VENUE AND FATRVIEW LAKES BY FAIRVTEW LAKES, LLC FOR MI-03-003 - 2 existing stub streets within the proposed development. Based on the testimony, placement of the bollards at the south end of Teare A venue where it would COllilect to the proposed E. Carol Street was required by the City Council. This configuration prevented vehicular traffic and allows only pedestrian traffic. Prior to the approval of this project, the Ada County Highway District approved this project with a public street connection of Teare Avenue out to Fairview Avenue. This connection was very important to ACHD because it was used as justification for the construction of a traffic light at the entrance ofFairview Lakes; instead of constructing the traffic light at Jericho Road to the east (ACHD's preferred location for a traffic light). ACHD's requirement to connect Teare Avenue to Fairview Avenue was adopted as part of the Development Agreement for the Fairview Lakes annexation. 8. The applicant for the Fairview Lakes project did submit a Preliminary Plat, Case No. PP-02-034, for the commercial portion of the project (Devon Park Subdivision). The plat includes a public street connection from Teare Avenue to Fairview Avenue, as required by the Development Agreement; however, the required bollards are not graphically depicted on the plat. ACHD was not made aware of the City's requirements for bollards on Teare Avenue until Februaty 7,2003, when David McKinnon, Planner II, for the Meridian Planning and Zoning Department attended a Tech Review meeting at ACHD. 9. ACHD did correspond with the Planning and Zoning Department, requesting the City of Meridian not to take action on the Devon Park Preliminat"y Plat until the Teare Avenue issues could be resolved by ACHD. The questions of ACHD on the issues were the following: FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO REVIEW THE ISSUE OF THE CONNECTION OF TEARE A VENUE AND FAIRVIEW LAKES BY F AIRVlEW LAKES, LLC FOR MI-03-003 - 3 1. If Teare does not provide vehicular connection with the surrounding neighborhoods should they be required to build a public road to Teare? 2. If Teare does not provide interconnectivity should the traffic light be constructed elsewhere? (ACHD states in their letter that they (probably) would not support a traffic light at the entrance of Fairview Lakes, unless Teare provides interconnectivity with the subdivisions to the east and north). 3. Should the Development Agreement be revised to eliminate the connection of Teare to Fairview, or should it be revised to eliminate the bollards on Teare? 10. This miscellaneous application serves as an alteration to the Development Agreement and shall revise the Findings of Fact and Conclusions of Law to the Annexation and Conditional Use Permit to eliminate the bollards on Teare Avenue. 11. 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 request to review the issue of the connection of Teare Avenue with Fairview Lakes will not impose expense upon the public if the following conditions of approval are imposed: Adopt the Recommendations of the Meridian Fire Department as follows: 1. A fire flow consistent with Uniform Fire Code Appendix III-A shall be provided to service the project Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. 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. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 FINDINGS OF FACT CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING REQUEST TO REVIEW THE ISSUE OF THE CONNECTION OF TEARE A VENUE AND FAIRVIEW LAKES BY FAIRVIEW LAKES, LLC FOR MI-03-003 - 4 7. With the size of the project it would be preferred to have multiple points of access in order to provide assurance that at least one access point will be available to emergency services. UFC 902.2.1 8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. UFC 902.2 Adopt the Recommendations of the Meridian Water Department as follows: I. The Water Department requests that the water system be looped between Clarene Street and N. Teare Avenue with permanent easements. Adopt the action of the City Council from their March 25, 2003 meeting as follows: 1. The First Addendum to Development Agreement, dated October 24,2002, and recorded with the Ada County Recorder as recorded as Instrument No.102143306, in corresponding Case No. AZ-02-011, shall be revised on page 8, section F. 2., and said section F.2. shall now read as follows: F. Adopt the action of the City Council from their Tuesday, September 17,2002 and March 25, 2003, meetings as follows: 2. That traffic bolIards shall not be required to be placed at the south end of Teare, pursuant to the Miscellaneous Application, MI-03-003, corresponding with the matter. CONCLUSIONS OF LAW 1. Approval of this request ofthe connection of Teare Avenue with Fairview Lakes, is based upon the information provided by the applicant and ACHD, and testimony at the public hearing on this issue, and which bollards shall be removed and connection of Teare Avenue with Fairview Lakes shall be allowed with the Fairview Lalces planned unit development located at 824 E. Fairview Avenue, Meridian, Idaho. Additionally, the applicant is required to comply with the conditions as stated in Findings of Fact No.9. DECISION AND ORDER FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO REVIEW THE ISSUE OF THE CONNECTION OF TEARE AVENUE AND FAIRVIEW LAKES BY FAIRVIEW LAKES, LLC FOR MI-03-003 - 5 Pursuant to the City Council's authority as provided in Meridian City Code S 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 boIlards shall be removed from Teare A venue, and that the applicant is granted the cOllilection to Teare A venue with Fairview Lakes for the Fairview Lakes planned unit development located at 824 E. Fairview Avenue, Meridian, Idaho; and that the applicant shall be required to comply with all the above conditions and requirements of staff and/or governmental entities. IQ-fk By action of the City Council at its regular meeting held on the Z? - day of lJ;rr~h ,2003. ROLL CALL COUNCILMAN BIRD VOTED~ COUNCILWOMAN de WEERD VOTED~ COUNCILWOMAN McCANDLESS VOTED*V COUNCILMAN NARY VOTED /l1JJihvt- Bydl~/f~,~ City Clerk MAYOR ROBERT D. 9?~ (TIE BREAKER) ~ Copy served upon Applicant, the Planning and Zoning Department, Public Works Denartment d C. A \\\\lllnlll1/J1 an lty ttorney. ,,\\\ 01:: tJlf::t:::o."/// ,,' _I · ...., ill'. III ,....''' :\"\ v~ ,t,..... ::..,,:::- c} cp'0PoJ-.~ I': :..y--t- 'l~ ::: ~ ~ ~ _-. s -S-tJ3 VOTED Dated: Z:\ W ork\M\Meridian\Meridian 153 60M\Fairview Lakes MI-03-D03\FfClsOrdMI-03-D03 .doc FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO REVIEW THE ISSUE OF THE CONNECTION OF TEARE A VENUE AND FAIRVIEW LAKES BY FAIRVIEW LAKES, LLC FOR MI-03-003 - 6 ACCEPTANCE OF NOTICE OF AWARD Receipt of the NOTICE OF A WARD is hereby aclmowledged by: GOLIS CONSTRUCTION this I s-r-J:. day of April, 2003. CONTRACTOR . _ ~ //7, By;~/1 ~~ Name: IltCJ,,^^-l1.o;. G, be::}! lS Title: Pre?I'J)eVl.+ Meridian Settler's Park Restroom Building 3/03 Minimum Standard 1997 Uniform Fire Code ~OA ... y DATE: March 13, 2003 APPLICANT: The Land Group FROM: Joseph Silva,' Fire' Marshal SUBJECT: 3(.lo) Plan Review for Settlers Park-.=atiN. Meridian Rd. ------- --- ~ ------====~~=---=~~ THE FOLLOWING CONDITIONS ARE REQUIRED TO BE MET OR AGREED UPON PRIOR TO THE ISSURANCE OF THE CERTIFCATE OF OCCUPANCY: Premises Identification -' (UFC Se~ 90 I) 'I. Ensure that the address is prominently posted on the front of the building or On a monument sign in 4" numbers. Fire' Extmgllh:hen:- (tiFt: Sec. lO02-} , 1. Fire extinguishers-shaH'be-2A: lOBe rated in aU areas.. One EJE.tinguisher shallbe mountedJ' to 5' above floor level, plainly visible and readily accessible in the clinging room area. Exits- 1. Front Exit doors not. equipped with panic hardware shall have a sign placed.above them , stating "This door to remain uidocked during business hours". For further clarific~tion; information ono schedule inspections please contacuhe Fire Marshal of -the'Meridian Fire Department at 208!888~1234. ANY OVERLOOKED HAZARDOUS CONDI"FlON OR VIOLATION OF THE UNIFORM BUILDINGOR FIRE CODE DOES NOT IMPLY APPROVAL OF SUCH CONDITION NOTICE OF AWARD TO: GOLIS CONSTRUCTION PO BOX 2559 EAGLE, IDAHO 83616 DATE: APRIL 9, 2003 . PROJECT DESCRIPTION: MERIDIAN SETTLER'S PARK RESTROOM BUILDING The OWNER has considered t he Bid submitted by you and for t he a bove described Work in response to its Advertisement for Bids and Information for Bidders. You are hereby notified that your Bid has been accepted for (description): MERIDIAN SETTLER'S PARK RESTROOM BUILDING In the amount of ONE HUNDRED NINETY NINE THOUSAND SIX HUNDRED SIXTY FOUR AND NO/1 00 Dollars ($199.664.00) You are required to full execute the Agreement and furnish the required Contractor's Performance Bond, Payment B and and Certificates of Insurance within five (5) calendar days from the date of the notice to you, that is by April 11, 2003. If you fail to execute said Agreement and to furnish said bonds and certificates of insurance within five (5) calendar days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the Owner's acceptance of your Bid as abandoned and as a forfeiture of your bid Bond. The OWNER will be entitled to such other rights as may be granted by law. You are required to return the attached ACCEPTANCE OF NOTICE OF AWARD to the OWNER. OWNER: \\1111111111/1/. \\\\ f u- ./// ATTEST: '\\\~I 0 lW'.:::.R/r-. 11// .::;.' ...c:~ '(.//A ~;, " 0' '" PO~ . -7,'1,; C;. ~ 0'0 ''''f,/; .;-- f R ~"\3y:JI~~ 9- Name: WIlllAM G. B~ - ;::Title: CITY CLERK By: Name: Title: MAYOR Approved by City Council: Meridian Settler's Park Restroom Building 3/03 1997 Edition ~Electronic Format AlA Document A 101-1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULA TED SUM AGREEMENT made as of the (In words, indicate day, month and year) day of April in the year of 2003 BETWEEN the Owner: (Name, address and other information) City of Meridian. 33 E. Idaho. Meridian. 10 83642 and the Contractor: (Name, address and other information) Golis Construction. PO Box 2559. Eagle. 1083616 The Project is: (Name and location) Meridian Settler's Park Restroom Building The Architect is: (Name, address and other information) The Land Group. 128 South Eagle Road. Eagle. 1083616 The Owner and Contractor agree as follows. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSUL TA TION WITH AN A TTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICA TION. AUTHENTICA TION OF THIS ELECTRONICALLY DRAFTED AlA DOCUMENT MA Y BE MADE BY USING AlA DOCUMENT D401. AlA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. - .....-,. ...., (oW ...... .......-..... - @1997 AIAilll AlA DOCUMENT A101.1997 ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION OWNER-CONTRACTOR 1"\ AGREEMENT 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in The American Institute of Architects a notice to proceed issued by the Owner. 1735 ~ew York Avenue, N.W. Washington, D.C. 20006.5292 @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, (g 1997 by The Amencan Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will 'subject the violator to legal prosecution. This document was electronicaJly produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: 97a101.aia - 41912003. AlA License Number 1116865, which expires on 3/3112004. (Insert the date of commencement If It differs from the date of this Agreement or, if app/icabfe, state that the date will be fixed in a notice to proceed.) April 28. 2003 If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: NJA 3.2 The Contract Time shall be measured from the date of commencement. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. . . C' . CONSULTATIONWfTHAN 3.3 The Contractor shall achieve Substantial ompletlon of the entire Work not ATTORNEY IS ENCOURAGED WITH later than days from the date of commencement, or as follows: RESPECT TO ITS COMPLETfON OR (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the MODIFfCA TION. A UTHENTICA TION date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for OF THIS ELECTRON/CALL Y earlier Substantiaf Completion of certain portions of the Work.) DRAFTED AlA DOCUMENT MA Y BE On or before August 1. 2003 MADE BY USfNG AlA DOCUMENT D401. , subject to adjustments of this Contract Time as provided in the Contract Documents. AfA Document A201-1997, General (fnsert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus Conditions of the Contract for payments for early completion of the Work.) Construction, is adopted In this 3.3.1 OWNER and CONTRACTOR recognize that time is of the document by reference. Do not use essence of this Agreement and that OWNER will suffer financial loss if w/~h other gen~ral co~ditions unless the Work is not completed within the times specified in paragraph thIS document IS modified. Contract Times above. plus any extensions thereof allowed in This document has been approved and accordance with the General Conditions. OWNER and CONTRACTOR endorsed by The Associated General also recognize the delays. expense and difficulties involved in proving in Contractors of America. a legal or other dispute resolution proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly. instead of requiring any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one hundred dollars and zero cents ($100.00) for each day that expires after the time specified in paragraph Contract Times above. for Substantial Completion until the Work is substantially complete. 3.3.2 After Substantial Completion. if CONTRACTOR neglects. refuses. or fails to complete the remaining Work within the Contract Times or any property OWNER granted extensions thereof. CONTRACTOR shalf pay OWNER one hundred dollars and zero cents ($100.00) for each day that expires after the time specified in paragraph Contract Times above for completion and readiness for final payment. 3.3.3 OWNER shall recover such liquidated damages by deducting the amount owned from the final payment or any retainage held by OWNER. .....~,. .... J'" ...:'-. . - . "'... .. .... ... - ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the @1997 AIA@ Contractor's performance of the Contract. The Contract Sum shall be AlA DOCUMENT A101.1997 One Hundred Ninety Nine Thousand Six Hundred Sixty Four Dollars ($ 199.664.00), OWNER-CONTRACTOR subject to additions and deductions as provided in the Contract Documents. AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977: 1987, @ 1997 by The American InstItute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with pennission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: 97a101.aia - 4/9/2003. AlA License Number 1116865, which expires on 3/31/2004. 2 4.2 The Contract Sum is ba. upon the following alternates, if any, wlfare described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted altemates. If decisions on other altemates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedufe of such other aftemates showing the amount for each and the date when that amount expires) N/A 4.3 Unit prices, if any, are as follows: N/A THfS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES CONSUL TA TION WITH AN ARTICLE 5 PAYMENTS ATTORNEY fS ENCOURAGED WfTH 5.1 PROGRESS PAYMENTS RESPECT TO ITS COMPLETfON OR 5.1.1 Based upon Applications for Payment submitted to the Architect by the MODIFICATION. AUTHENTICATION . . . OF THIS ELECTRON/CALL Y Contractor and Certificates for Payment Issued by the Architect, the Owner shall DRAFTED A/A DOCUMENTMAYBE make progress payments on account of the Contract Sum to the Contractor as MADE BY USING AlA DOCUMENT provided below and elsewhere in the Contract Documents. 0401. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: AlA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 1stday of a month, the Owner shall make payment to the Contractor not later than the 16th day of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than 45 days after the Architect receives the Application for Payment. This document has been approved and endorsed by The Associated General Contractors of America. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each _ progress payment shall be computed as follows: . .1 Take that portion of the Contract Sum properly allocable to completed Work ~ ," as determined by multiplying the percentage completion of each portion of ~.''':.P'': the Work by the share of the Contract Sum allocated to that portion of the ~ Work in the schedule of values, tess retainage of five percent ( Q %). Pending final determination of cost to the Owner of changes in the Work, @1997 AfA@ amounts not in dispute shall be included as provided in Subparagraph 738 AlA DOCUMENT A101-1997 .. OWNER-CONTRACTOR of AlA Document A201-1997. AGREEMENT .2 Add that portion of the Contract Sum properly allocable to materials and The American Institute of Architects equipment delivered and suitably stored at the site for subsequent 1735 ~ew York Avenue, NoW. . t" th I t d t t. ('f d . d b h Washington, D.C. 20006-5292 Incorpora Ion In e camp e e cons ruc Ion or, I approve In a vance y t e Owner, suitably stored off the site at a location agreed upon in writing), less retainage offive percent (Q%); @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, @ 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: 97a101.aia -- 4/9/2003. AlA License Number 1116865, which expires on 3/31/2004. 3 .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AlA Document A201- 1997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following circumstances: THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase CONSULTATIONW/THAN the total payments to the full amount of the Contract Sum, less such amounts ATTORNEY IS ENCOURAGED WITH as the Architect shall determine for incomplete Work, retainage applicable to RESPECT TO ITS COMPLETION OR such work and unsettled claims' and MODIFICATION. AUTHENTICATION , . " OF THIS ELECTRONICALL Y (Subparagraph 9.8.5 of AlA Document A201-1997 reqUires release of applicable retamage upon DRAFTED AlA DOCUMENT MA Y BE Substantial Completion of Work with consent of surety, if any.) MADE BY USING AlA DOCUMENT D401. .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AlA Document A201-1997. AlA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce Of limit the retainage resulting from the percentages inserted in Clauses 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) N/A This document has been approved and endorsed by The Associated General Contractors of America. 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Subparagraph 12.2.2 of AlA Document A201 "1997, and to satisfy other requirements, if any. which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. I!!!!!!!!!I 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 II days after the issuance of the Architect's final Certificate for Payment, or as follows: .... ." ..... ..... -.......... ...- - ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AlA Document A201-1997. ~1997 AlAilll AlA DOCUMENT A101-1997 6.2 The Work may be suspended by the Owner as provided in Article 14 of AlA OWNER-CONTRACTOR Document A201-1997. AGREEMENT ARTICLE 7 MISCELLANEOUS PROVISIONS The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, @ 1997 by The American Institute of Architects. Reproduction of the malerial herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject lhe violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to lega] prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: 97a1 01.aia -- 4/9/2003. AlA LIcense Number 1116865, which expires on 3/31/2004. 4 7.1 Where reference is made in this Agreement to a provision of AlA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) N/A THIS DOCUMENT HAS IMPORTANT Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer LEGAL CONSEQUENCES. credit laws and other regulations at the Owner's and Contractor's principar places of business, the location CONSUL TA TrON WITH AN of the Project and elsewhere may affect the validity of this proviSiOn. Legal advice should be obtained with ATTORNEY IS ENCOURAGED WITH respect to deletions or modifications, and also regarding requirements such as written disclosures or RESPECT TO ITS COMPLETION OR waivers.) MODIFrCATlON. AUTHENTICATION OF THIS ELECTRON/CALL Y DRAFTED AlA DOCUMENT MA Y BE MADE BY USING AlA DOCUMENT 0401. 7.3 The Owner's representative is: (Name, address and other information) The Land Group. Inc.. 128 South Eagle Road. Eagle. ID 83616 7.4 The Contractor's representative is: (Name, address and other information) Golis Construction. 2559 Eagle. In 83616 AlA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. This document has been approved and endorsed by The Associated General Contractors of America. 7.6 Other provisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AlA Document A 101-1997. 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AlA Document A201-1997. 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated March 11. 2003 , and are as follows: Document Title Pages .....'!!!!!!!!' " ....1 ... -....r............ - General Requirements - Division 01 Contract Forms 1 S'fi' h . d' h p' Mid d . @1997AIAiIll 8..4 The pecllcatlons are t ose contame In t e rOJect anua ate as In AlA DOCUMENT A101-1997 SUbparagraph 8.1.3, and are as follows: OWNER-CONTRACTOR (Either list the Specifications here or refer to an exhibit attached to this Agreement.) AGREEMENT Section Title Pages @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, @ 1997 by The Amencan Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permiSSion of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates us copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: 97a101.aia - 4/9/2003. AlA License Number 1116865, which expires on 3/31/2004. The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006.5292 5 Project Manual Specifications Meridian Setr' ) Park Restroom Meridian Settler's Park Restroom 3/11/03 3/11/03 8.1.5 The Drawings are as follows, and are dated 3/11/03 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date Working Drawings Meridian Settler's Park Restroom 3/11/03 8.1.6 The Addenda, if any, are as follows: Number Date Pages Addenda #1 3/26/03 8 THIS DOCUMENT HAS IMPORTANT LEGALCONSEQUENCE& CONSUL TA TlON WITH AN A TTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICA TlON. AUTHENTlCA TlON OF THIS ELECTRON/CALL Y DRAFTED AlA DOCUMENT MA Y BE MADE BY USING AlA DOCUMENT 0401. Portions of Addenda relating to bidding requirements are not part of the Contract AlA Document A201-1997, General Documents unless the bidding requirements are also enumerated in this Article 8. Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AlA Document A201-1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unfess enumerated in this Agreement. They shoufd be listed here onfy if intended to be part of the Contract Documents.) N/A This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. ~;>If)~. NER (Signature) ;2;Jr~ /;,A~' CONTRACTOR (Signature) City of Meridian Robert Corrie, Mavor (Printed name and title) Golis Construction Tom Golis, Owner (Printed name and title) @1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, @1997by The Amencan Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permiSSion of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: 97a101.aia - 4/9/2003. AlA License Number 1116865, which expires on 3/31/2004. This document has been approved and endorsed by The Associated Generaf Contractors of America. ...."""'" " ...~ -... ....:11. . _ ..... . ....... ... - @1997 AIAilll AlA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, NW. Washington, D.C. 20006-5292 6 "'J', , - ",A CORD CERTIFICA~'~~ OF LIABILITY INSuRA.iCE I DATE{MMlDOIYYYY) '" 04/10/2003 PRODUCER (208) 342-6573 THIS CERTIFICATE IS ISSUED AS A MA ITER OF INFORMATION Marsh Advantage America ONt Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR A Service of Seabuxy & Smith ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 8688 Boise ID 83707-2688 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Continental Western Ins. Golis Construction, Inc. INSURERB: Idaho State Fund PO Box 2559 INSURER C: INSURER D: Eaqle ID 83616- INSURER 10: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY PERIOD INDICATED. NOl1MTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~~~~ TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION LTR POLICY NUMBER DATE [MMlDDIYY) DATE (MMIDDIYY) LIMITS A GENERAL UABILlTY 2441321 02/27/2003 02/27/2004 EACH OCCURRENCE $ 1,000,000 - ~~~~I?E~~~nee\ X COMMERCIAL GENERAL LIABILITY $ 100,000 I ClAlMS MADE ~ OCCUR / / / / MED EXP lAm one oersonl $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 - / / / / GENERAL AGGREGATE $ 2,000,000 - ~'LAGGREnLlMIT AS PER: PRODUCTS - COMP/OP AGG $ 2,000,000 PRO. / / / / POLICY JECT LOC A ~TOMOBILE LIABILITY 241311 02/27/2003 02/27/2004 COMBINED SINGLE LIMIT 1,000,000 $ X ANY AUTO (lOa accident) r- I-- AU O'MIED AUTOS / / / / BODlL Y INJURY (Per person) $ r- SCHEDULED AUTOS ~ HIRED AUTOS / / / / BODILY INJURY X (Per accldent) $ NON-OV\t.lED AUTOS - / / / / PROPERTY DAMAGE (Per occident) $ GARAGE UABILlTY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO / / / / OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY / / / / EACH OCCURRENCE $ :=J OCCUR 0 CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE / / / / $ RETENTION $ $ B WORKERS COMPENSATION AND 585' 81-IDAHO 02/27/2003 01/01/2004 X I.we STATU.: I 10TH- TORY LIMITS lOR EMPLOYERS' UABILlTY 100,000 ANY PROPRIETORIPARTNERlEXECUTIVE E.L EACH ACCIDENT $ OFFICERlMEMBER EXCLUDED? 10 DAYS CAMCEL NOTICE / / / / E.L DISEASE - EA EMPLOYEE $ 100,000 If yos, doscnbe undor 500,000 SPECIAL PROVISIDNS below E.L DISEASE - POLlCY LIMIT $ OTHER / / / / DESCRIPTION OF OPERA TlONSlLOCATlONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PROJECT: MERIDIAN SETTLER'S PARK RESTROOM BUILDING CITY OF MERIDIAN IS 1\N ADDITIONAL INSURED GENERAL LIABILITY E'ER FORM CG20330798 ATTACHED CERTIFICATE HOLDER ) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE TliEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITIEN NOTICE TO THE CERTlACATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE S. CITY OF MERIDIAN 33 E. IDAHO MERIDIAN ACORD 25 (2001/08) ft", -INS025 (0100).01 In 83642- @ACORDCORPORATION 1988 Page 1012 ELECTRONIC LASER FORMS, INC. - (BOO)327-054S , ~-l~:.' I ,. ~~ " Golis Construction, Inc. Continental Western Ins. Co. Policy 2441311 POLICY NUMBER: Term: 2127/03-04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MANUSCRIPT ENDORSEMENT This endorsement modifies insurance provided under the following: o COMMERCIAL PROPERTY COVERAGE PART o BUSINESSOWNERS o INLAND MARINE o CRIME COVERAGE PART [g] COMMERCIAL AUTO COVERAGE PART o PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART o OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART o COMMERCIAL UMBRELLA POLICY o WORKERS' COMPENSATION POLICY o MINI-COMPUTER POLICY SCHEDULE Name of Person or Organization: Certificate Holder is an Additional Insured if Required by Written Contract Project: Meridian Settler's Park Restroom Building (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement or required by written contract.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule or required by written contract, but only with respect to liability arising out of "your work" for that insured by or for you. CW 1054 (1-90) ? nd THE AMt:~ICAN INSTITUTE OF ARCHf', ~CTS AlA Document A312 Bond No. 104024105 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Golis Construction, Inc. P.O. Box 2559 Eagle,ID 83616 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America 1161 W. River, Suite 150 Boise,lD 83702 OWNER (Name and Address): City of Meridian 33 E. Idaho Meridian, ID 83642 CONSTRUCTION CONTRACT Date: Amount: One Hundred Ninety Nine Thousand Six Hundred Sixty Four and No/100-----Dollars ($199,664.00) Description (Name and Location): Meridian Settler's Park Restroom Building BOND Date (Not earlier than Construction Contract Date): Amount: One Hundred Ninety Nine Thousand Six Hundred Sixty Four and No/100-----Dollars ($199,664.00) Modifications to this Bond: IRI None 0 See Page 6 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Goris Construction, Inc. Signature: .~ 171' ~. Name and Title: Thomas B. Golis, President SURETY Company: (Corporatp. Seal) Travelers Casualty and Surety Company of America Signature: ~cL~ 1.-4 Name and Title: Brenda J. mith, Attorney-in-Fact (Any additional signatures appear on page 6) (FOR INFORM A TION ONL Y - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer Jon M. Riche or other party): Marsh P.O. Box 8688, Boise, 1083707 (208)342-6573 AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA il!l THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 A312-1984 4 '1 The Contractor and the Surety, jointlyp'1d severally, bind themselves, their heirs, executor ,administrators, successors and assigns to the Owner IO pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand,.lien or suit .is for the payment for labor, materials or eqUipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) ~nd sent a copy, or notice thereof, to the Owner, statl~g that a claim is being made under this Bond and, With substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice ~ny communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Sl( . shall promptly and at the Surety's expense take the follo...og actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Payor arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to s~reties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deem~d incorporated herein. The intent is that thiS AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. AlAi!Il THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N. W., WASHINGTON. D.C. 20006 THIRD PRINTING. MARCH 1987 A312M1984 5 Bond shall be construed as a statutory. 'd and not as a common law bond. . in .the . Constrr -m C~mtract, architectural and engmeenng serv... .d reqUired for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15.1 Claimant An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15 DEFINITIONS 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOllOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) SURETY Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. AlA Ql) THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 A312-1984 6 TRAVELE- '::ASUALTY AND SURETY COMPANY OF A(P 'RICA TRk..1!:LERS CASUALTY AND SURETY COMPAN',- FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Jon M. Riche, Brenda J. Smith, of Boise, Idaho, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and continued. TIlls appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional lUldertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY ~ which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and lUldertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or lUldertaking to which it is attached. (11-00 Standard) " ~~ Travelers ~ IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the I1Actl1). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses, Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. '0 ' ( THE AMERICAN INSTITUTE OF ARCHil ECTS AlA Document A312 Bond No. 104024105 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Golis Construction, Inc, P.O. Box 2559 Eagle, 10 83616 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America 1161 W. River, Suite 150 Boise, 10 83702 OWNER (Name and Address): City of Meridian 33 E. Idaho Meridian, 10 83642 CONSTRUCTION CONTRACT Date: Amount: One Hundred Ninety Nine Thousand Six Hundred Sixty Four and No/100-----Dollars ($199,664.00) Description (Name and Location): Meridian Settler's Park Restroom Building BOND Date (Not earlier than Construction Contract Date): Amount: One Hundred Ninety Nine Thousand Six Hundred Sixty Four and No/100~----Dollars ($199,664.00) Modifications to this Bond: IX! None 0 See Page 3 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Golis Construction, Inc. Signature: ~L.?/ 4, A.L.. Name and Title: Thomas B. GoJis, President SURETY Company: (Corporate Seal) Travelers Casualty and Surety Company of America ~6i (Any additional signatures appear on page 3) (FOR INFORMA TION ONL Y ~ Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineeror Jon M. Riche other party): Marsh P.O. Box 8688, Boise, 10 83707 (208)342~6573 AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. AIA@ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W" WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 A312-1984 1 .' . '1'T.he Contractor and the Surety, jointlY;:\'ld severally, bind themselves, their heirs, executo:. administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon q .. 'racticable after the amount is determin\..~, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if not liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA @ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 A312-1984 2 ,. . ~.'.. 10 Notice to the Surety, the Owner ore Contractor shall be mailed or delivered to the addre::;s shown on the signature page. by the Owner ( ~ettlement of insurance or other claims for dama~_,.; to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12.2 Construction Contract: The agreement betwen the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) SURETY Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. AIA@ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.. WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 A312-1984 3 , . /. TRAVELEr~ASUALTY AND SURETY COMPANY OF At lICA TRAvELERS CASUALTY AND SURETY COMPAN\: FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Jon M. Riche, Brenda J. Smith, of Boise, Idaho, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by hislher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chainnan, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other v.ritings obligatory in the natUre of a bond, recognizance, or conditionallUldertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in v.riting and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or v.riting obligatory in the natUre of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (lUlder seal, if required) by one or more Attorneys-in~Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a v.ritten delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other v.ritings obligatory in the natUre thereof, and any such power of attorney or certificate bearing such facsimile signatUre or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) , \... .... T ~~ ravelers ~ IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act'l The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium, April 4, 2003 V AR 03-010 MERIDIAN CITY COUNCIL MEETING APPLICANT A.L. "Drew" Seargent April 8, 2003 ITEM NO. g.. H REQUEST Findings - Request for a Variance for extension of time to file subdivision plat as required by the City of Meridian for Tramore Subdivision - south of West Pine Avenue and east of North Linder Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETILERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: See attached Findings ~~ Contacted: Date: L1/ V11 D'~ I ~ M~terials presented at public m\ etings shall become property of the City of Meridian. Phone: ~).?- -u 700 S)J-87ILo.. ,tL\;'1ld-/ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF A. L. "DREW" SEARGENT, IC3, INC., FOR A VARIANCE FOR A TIME EXTENSION FOR A FOUR MONTH TIME FRAME FOR FINAL PLAT RECORDING FOR TRAMORE SUBDIVISION, LOCATED ON WEST PINE AVENUE, APPROXIMATELY 900' EAST OF NORTH LINDER ROAD, MERIDIAN, IDAHO C/C 03-25-03 ) ) ) ) ) ) ) ) ) ) ) V AR-03-010 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on March 25,2003, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and A L. "Drew" Seargent, appeared and testified, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-03-010 TRAMORE SUBDIVISION / A. L. "DREW" SEARGENT, IC3, INC. Page 1 of 9 2. The requirements ofIdaho Code SS 67-6509,6516 and Meridian City Code SS 11-15- 5 and 12-11-3 as evidenced in the record ofthis matter. 3. That the applicant was granted a one year time extension until January 15, 2003, and the reason for this variance is that the owner's representative for this development changed mid- stream in the development process and the one-time allowable time extension was not filed within the one year period. Tramore Subdivision's plat was required to be filed with the Ada County Recorder by January 15, 2003. The applicant is requesting a four-month extension to May 10,2003 in order to complete the recording process. As of now, the Final Plat for Tramore Subdivision is, according to MCC 12-3-8.A., null and void. 4. The Applicant is A. L. "Drew" Seargent, IC3, Inc., whose address is 280 N. Maple Grove Road, Boise, Idaho 83704. 5. The owner of the property is Robert R Angell, whose address is 100 N. 9th Street, Suite 200, Boise, Idaho 83702. 6. The location ofthe subject property is presently located in an L-O (Limited Office District), and which subject property is located on W. Pine Avenue, approximately 900' east ofN. Linder Road, Meridian, Idaho. 7. The legal description of the property appertains to the real property that is included within the Vicinity Map, and which legal description appears in the record of proceeds of this matter, and which is on file with the Meridian City Clerk's office. 8. The present land use of subject property is presently zoned as L-O (Limited Office District), and which subject property is presently vacant. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE IV AR-03-010 TRAMORE SUBDIVISION! A. L. "DREW" SEARGENT, IC3, INC. Page 2 of 9 9. The proposed land use of subject property is to develop the subject property into a 72 unit senior community. 10. That a vicinity map, which is on file with the Meridian City Clerk's office, with the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 10. The Applicant seeks a variance of the following provision ofthe Meridian City Code, S 12-3-8, APPROVAL OF FINAL PLAT, and in the L-O zone if granted, which provides as follows: 12-3-8 APPROVAL OF FINAL PLAT: A. Time Limit: Pinal plat shall be filed with the County Recorder within one year after written approval by the Council; otherwise, such approval shall become null and void, unless prior to said expiration date an extension of time is applied for by the applicant and granted by the Council. The Council may authorize an extension ofthe final plat for a period not to exceed one year from the end of the original one year period. B. Request Por Extension: Any request for an extension must be filed with the Zoning Administrator prior to the lapse of the original one year and must be in writing. 12. All property owners within three hundred feet (3001) of the external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the Planning and Zoning Department. 13. Applicant states that "by oversight and the rapid transfer of information" they were not aware of the January 15,2003 deadline. Apparently, neither the property owner nor the previous engineer/surveyor conveyed the one year recording deadline to the applicant. It is not found due to the reason cited above that the required submission of a time extension request FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE /VAR-03-010 TRAMORE SUBDIVISION / A. L. "DREW" SEARGENT, IC3, INC. Page 3 of 9 would have been impracticable and unreasonable. 14. It is found that strict compliance with the requirements ofthis Title are not due to unusual topography, adjacent development, or other physical conditions of the site. One intention of Title 12 is to ensure plats are recorded and follow the requirements ofIdaho Code. It could be argued that the City has more assurance of this plat being recorded if this Variance is approved (since all but two ofthe required plat signatures have been obtained) than ifthe final plat is resubmitted. 15. It is found that the requested variance will not necessarily be detrimental or injurious to the public's welfare or to the other properties in the area as long as current ordinances are met at the time of building permit for all lots within the subdivision. 16. There seems to be no violation ofthe provisions ofthe Idaho Code by the issuance of the requested variance. 17. It is found that the issuance of a variance for this project will not directly alter the interest and purpose of the Meridian City Subdivision Ordinance, which is intended to ensure orderly development occurs within the established timeframe. The applicant has stated that they intend to record the subdivision. 18. The applicant paid the fee established by the City Council for application variance. 19. In January 2002, the Council approved two different but related applications for the subject property. The first was a PreliminarylFinal Plat for Tramore Subdivision, a two-lot non-residential re-subdivision of an existing, 5-acre parcel. The application was required in order to rectify an illegal split that occurred prior to application with the City. The second FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-03-010 TRAMORE SUBDIVISION I A. L. "DREW" SEARGENT, IC3, INC. Page 4 of 9 application was a CUP for a Senior Community by Thomas Development Co. to construct a 72- unit, age-restricted apartment complex on the north lot of the two-lot subdivision. A Certificate of Zoning Compliance and building permit were issued for this development in October 2002. One building permit was allowed for the single, legal lot that existed prior to the illegal split. 20. Last month, the Council directed Staffto begin the process ofreviewing and potentially amending MCC 11-18 and 12-11 to reduce the quantity and need for use of the variance process to improve these types of situations. As an alternative to considering the plat null and void, the City has allowed applicant's to submit Variance applications. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment ofthe Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions ofIdaho Code S 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code S 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code S 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code S 67-6509, 6516 and Meridian City Code SS 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code S 11-18-2, and the findings which are required are set forth in Meridian City Code ~ 11-18-3, include required findings that there are special circumstances or conditions affecting the property that strict FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE! V AR-03-010 TRAMORE SUBDIVISION! A. L. "DREW" SEARGENT, IC3, INe. Page 5 of 9 application ofthe provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, 912-3-8,APPROV AL OF FINAL PLAT, and in the I-Lzone if granted, provides as follows: 12-3-8 APPROVAL OF FINAL PLAT: A Time Limit: Final plat shall be filed with the County Recorder within one year after written approval by the Council; otherwise, such approval shall become null and void, unless prior to said expiration date an extension of time is applied for by the applicant and granted by the Council. The Council may authorize an extension ofthe final plat for a period not to exceed one year from the end of the original one year period. B. Request For Extension: Any request for an extension must be filed with the Zoning Administrator prior to the lapse of the original one year and must be in writing. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That the Applicant is hereby granted a variance for a four month time extension ofthe FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-0 10 TRAMORE SUBDIVISION I A. L. "DREW" SEARGENT, IC3, INC. Page 6 of 9 one year time frame until May lO, 2003, for final plat recording for Tramore Subdivision in the L-O zone for the reasons as stated above, and additionally, the applicant shall comply with all the ordinances that are in effect presently for future buildings in the subdivision.. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code Section 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a variance ofthe APPROVAL OF FINAL PLAT requirements in the L-O zone as provided in the Section 12-3-8 and may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 8t!:- day of ~ ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE McCANDLESS VOTED fie<<- COUNCILMAN WM. L. M. NARY VOTED 11b~1- MAYOR ROBERT D. CORRIE VOTED (TIE BREAKER) DATED: ~-$--03 - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 9 ORDER OF DECISION GRANTING A VARIANCE I V AR-03-01O TRAMORE SUBDIVISION I A. L. "DREW" SEARGENT, IC3, INC. MOTION: APPROVED:~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. ByJl;a.~gfb;" (). City Clerk f Dated: 1--8-fJ 3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-03-010 TRAMORE SUBDIVISION I A. L. "DREW" SEARGENT, IC3, INC. \\\llllllJIII!II' "II C:~.I1 '1/ ,\\ ~l 0, MElli/' 11/1 ".....' ::\.' <.II..,.; I-/,r ,:.> a o?'poFl.4 -11~ 'S '." ...",,0 ~ ~ ::. ~- 0:: Page 8 of 9 April 4,2003 MERIDIAN CITY COUNCIL MEETING April 8, 2003 APPLICANT ITEM NO. REQUEST Sanitary Sewer and Water Line Easement with Tramore, L.P. 3- , AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FI RE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN JRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS -~ See attached Easement -m(l9vV /);1 r . Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ? ?? 0 " ~ ,.~. 0 ? " ? ? ~~t@ffy @f;~e~~l@i@~ fBtUfiDli€~ ~', i, 'V'\I@E~S EJe~;iC \ ::, " <, " , '>' , . , " . 0' :~. .cOt ~ ~ , ~ .. Memo RECEIVED MAR 3 1 2003 C}ty of Meridian CIty Clerk Office To: Will Berg, Jr. From: Gary D. Smith. PE CC: file Date: March 31 , 2003 Re: Tramore Senior Apartments - Sewer / Water Une Easement Please place this sewerlwater line easement on the next available City Council Consent Agenda. This project is located on the south side of West Pine Avenue, approximately 1000 feet east of Linder Road. This easement form has been signed by the developer and notarized. If there are any questions please call. Thanks, ~AA~J / G:;vr From the desk of... Gary D. Smith, PE Public Works Director Meridian PubUc Works Department 660 E. Waterlower Lane, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 887.1297 . Page 1 SANITARY SEWER AND WATER MAIN EASEMENT ?~;-h ~ - -- L THIS INDENTURE, made this~ day of b.r..-~. 20~between \.......h ",n~ . ~ , 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 sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 and maintenance of sanitary sewer and water mains over and across the following described property: (SEE A TT ACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, 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 making repairs or performing other maintenance, 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 Sanitary Sewer and Water Main Easement Page I EASMT.SW 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 ofthe 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. Secretary STATE OF IDAHO) ) ss County of Ada ) ~~;o.~ NOTARYPUBLICFO~IDAHO ()" GRANTEE: Residing ,6' en s<. / f tYa ) 0 - /l of CL Commission Expires: ~ - / b - c2 d 0 7 at Sanitary Sewer and Water Main Easement Page 2 EASMT.SW GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Sanitary Sewer and Water Main Easement Page 3 EASMf.S&W ~u.:\-e; C'C ~A. W\~KS LAND4 ~ (j \ ~NGr\~l Colleen Marks, L.S. 7045 · 6405 Ustick Road · Boise, Idaho 83704 Phone: (208) 378~7703 · Fax: (208) 378-7759 · Email: marksls@velocitus.net WATER EASEMENT A twenty foot wide water easement lying in a portion of Lot 4, West Lawn Subdivision, as recorded in Book 2 of Plats at Page 94, records of Ada County, Idaho and lying in the Nl/2 SW 1/4 of Section 12, T.3N., R.1 W., Boise Meridian, Ada County, Idaho, said easement being more particularly described as follows: Commencing at a found Aluminum Cap marking the W1I4 Corner of said Section 12, T.3N., R.l W., B.M., Ada County, Idaho and also marking the centerline intersection ofW. Pine Avenue and N. Linder Road; thence S.89030'16"E. 963.05 feet along the north boundary of the said Nl/2 SWl/4 of Section 12 and along the said centerline ofW. Pine Avenue to a found PK Nail, said PK Nail bears N.89030'16"W. 1689.84 feet from a found Brass Cap marking the Cl/4 Comer of said Section 12; thence S.00029'44''W. 30.00 feet to a found 5/8" iron pin lying on the southerly right of way of said W. Pine Avenue and also lying on the north boundary of said Lot 4, West Lawn Subdivision; thence S.89030'16"E. 10.00 feet along the said southerly right of way ofW. Pine Avenue and along the said north boundary of Lot 4, West Lawn Subdivision to a point; thence S.00030'23''W. 220.03 feet to a point; thence S.90000'00''E. 35.00 feet to a point marking the REAL POINT OF BEGINNING; thence N.00030'23''E. 20.00 feet to a point; thence S.90000'00''E. 12.79 feet to a point; thence S.67030'OO"E. 127.97 feet to a point; thence S.22030'00"E. 156.39 feet to a point; thence N.67030'OO"E. 36.10 feet toa point; thence N.22030'OO"W. 17.89 feet to a point; thence N.67030'00"E. 20.00 feet to a point; thence S.22030'00"E. 37.89 feet to a point; thence S.67030'00"W. 76.10 feet to a point; thence N.22030'00"W. 168.11 feet to a point; thence N.67030'00"W. 115.71 feet to a point; Tramore Water Easement.doc - 1 - ~\.l."'e.n: ~~ \'J\~kS LAND4 ~ CJ , ~NG,~ Colleen Marks, L.S. 7045 · 6405 Ustick Road · Boise, Idaho 83704 Phone: (208) 378-7703 · Fax: (208) 378-7759 · Email: marksls@velocitus.net thence N.90000'00''W. 8.99 feet to the point of beginning, containing 0.17 acres, more or less. SUBJECT TO AND/OR TOGETHER WITH: Any additional easements or rights of way of record or in lise. Tramore Water Easement.doc - 2 - ~~KS LAND4 ~ (.f \ ~NG,~\ 6U.\'ii'>lL ... ~ Colleen Marks, L.S. 7045 · 6405 Ustick Road · Boise, Idaho 83704 Phone: (208) 378-7703 · Fax: (208) 378-7759 · Email: marksJs@velocitus.net SEWER EASEMENT A twenty foot wide sewer easement lying in portions of Lots 3 and 4, West Lawn Subdivision, as recorded in Book 2 of Plats at Page 94, records of Ada County, Idaho and lying in the Nl/2 SWI/4 of Section 12, T.3N., R.l W., Boise Meridian, Ada County, Idaho, said easement being more particularly described as follows: Commencing at a found Aluminum Cap marking the Wl/4 Comer of said Section 12, T.3N., R.1 W., B.M., Ada County, Idaho and also marking the centerline intersection of W. Pine Avenue and N. Linder Road; thence S.89030'16"E. 963.05 feet along the north boundary of the said N1I2 SW1/4 of Section 12 and along the said centerline ofW. Pine Avenue to a found PK Nail, said PK Nail bears N.89030'16"W. 1689.84 feet from a found Brass Cap marking the Cl/4 Comer of said Section 12; thence S.Oo029'44"W. 30.00 feet to a found 5/8" iron pin lying on the southerly right of way of said W. Pine Avenue and also lying on the north boundary of said Lot 4, West Lawn Subdivision; thence S.89030' 16"E. '10.00 feet along the said southerly right of way ofW. Pine Avenue and along the said north boundary of Lot 4, West Lawn Subdivision to a point; thence S.00030'23"W. 220.03 feet to a point marking the REAL POINT OF BEGINNING; thence S.90000'OO"E. 20.00 feet to a point; thence S.00030'Z3"W. 92.91 feet to a point; thence 8.61 o09'37"E. 237.21 feet to a point marking a point of curve to the left; thence along said curve to the left a distance of 118.65 feet, said curve having a delta of 24016'43", a radius of280.00 feet, tangents of 60.23 feet and a long chord of 117.76 feet which bears S. 7301 T59"E. to a point marking the point of ending of said curve; thence S.85026'20"E. 26.67 feet to a point; thence S.85006'46"E. 60.16 feet to a point; thence S.85026'20"E. 36.63 feet to a point; thence S.00032'18"W. 20.05 feet to a found 5/8" iron pin lying on the northwesterly right of way of the Nine Mile Drain; thence along the said northwesterly right of way of the Nine Mile Drain the following courses and distances: Tramore Sewer Easement.doc - 1 - ~U\.Btt "b;: N\~kS LAND--\ ~ CJ \ ~NG,~ N.85026'20"W. 38.09 feet to a found 5/8" iron pin; Colleen Marks, L.S. 7045 · 6405 Ustick Road · Boise, Idaho 83704 Phone: (208) 378-7703 · Fax: (208) 378-7759 · Email: marksls@velocitus.net thence N.85006'46"W. 60.16 feet to a found 5/8" iron pin; thence N.85026'20"W. 26.61 feet to a found 5/8" iron pin marking a point of curve to the right; thence along said curve to the right a distance of 127.12 feet, said curve having a delta of 24016'43", a radius of300.00 feet, tangents of 64.53 feet and a long chord of 126.17 feet which bears N.73017'59"W. to a found 5/8" iron pin marking the point of ending of said curve; thence N.61 009'37"W. 249.15 feet to a point; thence leaving the said northwesterly right of way of the Nine Mile Drain, N.Oo030'23"E. 104.67 feet to the point of beginning, containing 0.27 acres, more or less. SUBJECT TO AND/OR TOGETHER WITH: Any additional easements or rights of way of record or in use. Tramore Sewer Easement.doc - 2 - t:::-~ ~ \ 6l:t ";:;;" \'J\~/<S LAND4 ~ (j \ ~NG'~J Colleen Marks, L.S. 7045 · 6405 Ustick Road · Boise, Idaho 83704 Phone: (208) 378-7703 · Fax: (208) 378-7759 · Email: marksls@veJocitus.net SEWER AND WATER EASEMENT DESCRIPTION A thirty-five foot wide sewer and water easement lying in a portion of Lot 4, West Lawn Subdivision, as recorded in Book 2 of Plats at Page 94, records of Ada County, Idaho and lying in the Nl/2 SWl/4 of Section 12, T.3N., R.l W., Boise Meridian, Ada County, Idaho, said easement being more particularly described as follows: Commencing at a found Aluminum Cap marking the WI/4 Comer of said Section 12, T.3N., R.I W., B.M., Ada County, Idaho and also marking the centerline intersection ofW. Pine Avenue and N. Linder Road; thence S.89030'I6"E. 963.05 feet along the north boundary of the said NI/2 SWI/4 of Section 12 and along the said centerline ofW. Pine Avenue to a found PK Nail, said PK Nail bears N.89030'I6"W. 1689.84 feet from a found Brass Cap marking the Cl/4 Corner of said Section 12; thence 8.00029' 44"W. 30.00 feet to a found 5/8" iron pin lying on the southerly right of way of said W. Pine Avenue and also lying on the north boundary of said Lot 4, West Lawn Subdivision; thence S.89030'16"E. 10.00 feet along the said southerly right of way ofW. Pine Avenue and along the said north boundary of Lot 4, West Lawn Subdivision to a point marking the REAL POINT OF BEGINNING; thence continuing S.89030' 16"E. 35.00 feet along the said southerly right of way ofW. Pine Avenue and along the said north boundary of Lot 4, West Lawn Subdivision to a point; thence S.00030'23"W. 74.39 feet to a point; thence S.89029'37"E. 20.00 feet to a point; thence S.Oo030'23''W. 20.00 feet to a point; thence N.89029'3TW. 20.00 feet to a point; thence 8.00030'23"W. 125.33 feet to a point; thence N.90000'OO''W. 35.00 feet to a point; thence N.00030'23"E. 220.03 feet to the point of beginning, containing 0.19 acres, more or less. Tramore Sewer and Water Easement.doc - 1 - SUBJECT TO AND/OR TOGETHER WITH: Any additional easements or rights of way of record or in use. 11:1 1'\' ~I':' :3 ~' , I . ,III I' , J '" l!!,', h -"~iI '/~ }:fJ':... :;, I I , t J ' , r ' " J I J " I, , 'I \ ,I /1 ,I ,I \..'6~!t~. oil: I ~I / ~~.. ,I , l1 .. r- Ji l I ~ ":>1; ~ t ~I!II / \.. "'~:9. /,1\11 ":> ~'\=, {I,I ~~~/IIII / ,<J>'~~ .......-'\~'-..)~ I : I : ........~I / 'r:P~ ~./ 11\' ~........ I s.~~~,\~'i I: ' : :I ....<..~ I ~~~ r;f~' J 1 : 'J ........ 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April 4, 2003 MERIDIAN CITY COUNCIL MEETING April 8, 2003 APPLICANT ITEM NO. 3.::r REQUEST 2003 Creek Crossing Sewer Pipe Rehabilitation Project - Award Bid AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLlCE 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: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: See attached ~F Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City af Meridian Public Warks Dept. RECEI\'ED APR 0 3 2003 City Of Meridian City Clerk Office Memo To: Brad Watson From: Lenard Grady r! (j; J. . CC: Gary Smith Date: 4/3/2003 Re: Proposed Agenda Items for April 8, 2003 City Council Meeting The Public Works Department respectfully requests the following items be placed on the April 8 City Council agenda, under consent agenda: 2003 Creek-Crossino Sewer Pipe Rehabilitation Proiect. Two bids were received for this project as shown below: . Insituform Technologies, Inc . Planned and Engineered Construction $298,485.00 $343,000.00 The detailed bid analysis is attached. This project consists of rehabilitation of 6 sewer pipes ranging from 24-inch to 36-inch diameter. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the 2003 Creek-Crossing Sewer Pipe Rehabilitation Project with Insituform for $298,485.00 and authorize the Mayor to sign it Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 ~1Zlf.l.f.l.f.l.f.l.f.l.f.l. ~"":<"":<"":<"":<"":<"":<.....:l ],e; <n .- a1::- ',g ~ ~O' ...... o Q.) '--' o i- a.. c o :.;:::::; CO ...... -0 ID L- ID ID .S: I:: 010 C:.;:: WO ::::l -o~ I:: Cf) ttI I:: -00 IDO C C m ll. - .- ..c CO ..c Q.) c:: Q.) a.. .- a.. i- Q.) 3: Q.) en C) c en en o i- () I ~ Q.) ~ () ('i) o o N o c Cf)" .91 0) o "'5 c .r;; o ID l- E L- S ::::l - '00 I:: .0000000 OOOOOOC! co.nooOV) _C<nt--C..-.ON l'\lCt--<"lNN\COO ......, ...... .,., '" .r. ..... .... .... o<::>-t--\C-<"'lN f-<N <nV)'<:t<"'l '<:to\ ~ ~ ~ ~ E;'7 E;'7 E;'7 goooooo uoC!C!C!C!C!C! 'C 0 .0 V) <::> <n V) <n ,e..o~~~~~~~ .t:: g :5 ~ ~ E;'7 E;'7 E;'7 E;'7 E;'7 0000000 0000000 o.n.nooo.n '"@g~:::t:~~::g '0 ,0 ..,; s:-: oo~ ..,; V)~ t--~ f-<<"'l'<:t'<:tM('rlM\C ~ ~ ~ ~ E;'7 E;'7 Go'7 0000000 uC!ooC!ooo ug""':cht--O\oor--: 'C: 0 0\ '<:t '<:t 0\ '<:t 00 ,e.. ~MMM\C'<:tN .....0 'a M ~ ~ ~ ~ E;'7 \iA Go'7 ~ V)"-'OOO"-' :::~:::lOOO~ d o '.g 'C: U en <I) Cl -t: <n,e.. "0 ~~ ~ !X:::::::;> d ... ::3::=: ~ .2:<:.g f-< <+-<.:.::.0 .g .5 'E 0 :g.;: o:;:~-:gu~ <>'i:l;:~~~<>'i:l .2:<:~-w.:.:;;E.2:<: g::=:~gO\:g u<>'i:luU<>'i:lU ..2~~~~~ ~.~~~.~~ lrl~V)V)~lrl ~~~~1d~ <I) <I) <l) <I) <I) ~ .e-.9-.9-.9-.9-.!;:; o...o...,e..,e..o...,e.. or-:;". \or-:;". SMNNMNN ".;:: I I I I I I ~-NM"","v)\C :.: bJ) bJ) bJ) bJ) bJ) Ol :E .5 .5 .5 .5 .5 ,5 Odd = C = = ;;E~~;::3:J~~ ~-N('rl"","<n\Ct'-- ..... ...... ( o o o o o ri "<t C") 69- o o 1.0 ro "<t as 0) '" w. ca ...... o f--i April 4, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST April 8, 2003 ITEM NO. Settler's Park Restroom / Concession Building - Award Bid 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. Meridian Parks & Recreation Memo RECEIVED APR - 4 2003 To: From: Date: Re: Mayor Corrie I City Cou neil Doug Strong /J --'1 ~ Apri13,2003 Consent Agenda Items City of Meridian City Clerk Office The Parks Staff is requesting approval of the bid proposal for construction of the Settler's Park Restroom/Concession Building under the consent agenda items for your April 08, 2003 meeting, which is listed below. 1. The low bidder was Golis Construction, Eagle Idaho at $199,644.00 2. The Park Staff will provide a drawing of the proposed building at City Council Meeting Tuesday April 08, 2003. 3. The Park Staff feels that this is aesthetically well designed building that will showcase our large urban park. It will also have capacity to serve large groups of people with restroom facilities, special handicap access and concession needs. THE LAND GROUP, INC. April 2, 2003 Doug Strong City of Meridian Parks Director 11 West Bower Street Meridian, ID 83642 Dear Doug: We are excited to notifY the City of Meridian a list of contractors bidding on the Meridian Settler's Park Restroom Building Project. The following is a list of general contractors and their bid costs. Project: Bid Opening Meridian Settler's Park Restroom Building April!, 2003 @ 3:00 pm BIDDER Golis Construction Wright Brothers Heartland Constr. Proposed Properly Completed & X X X Signed General Information Required of X X X Bidders TOTAL BID $199~664.00 $207,277.00 $218,944.00 BIDDER Guho Corp. KJ Corp. Brice Construction Proposed Properly Completed & X X X Signed General Information Required of X X X Bidders TOTAL BID $214,949.00 $206~700.00 $208,700.00 ,. Go(( COllrse .~jrcbile(I"re . Golf Course I,.rigation e:..... l~lIgiJuerillg . Cil'i! ElIgiul'erillg 128 South Eagle Road' Eagle, Idaho 83616 . P 208.939.4041 F 208.939.4445 . www.thclandgroup.cc ,\ ') l~\ ( After reviewing the bids and the forms, we suggest to the City of Meridian to award the project to the apparent low bidder, Golis Construction., Eagle, Idaho. RESOLUTION NO. 03- 4-0 I BY: /(et"lll Ih t-d-J A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR FINDINGS AND TO ESTABLISH AMENDMENTS TO THE JULY 2002 MERIDIAN COMPREHENSIVE PLAN FOR THE CITY OF MERIDIAN; TO PROVIDE FOR THE FOLLOWING AMENDMENTS: SECTION C.1 OF CHAPTER VII (pg. 92), URBAN SERVICE PLANNING AREA (USP A); THE AMENDMENT INCLUDES SEVERAL ACTION ITEMS IN SECTION D.I. OF THE SAME CHAPTER, SPECIFICALLY OBJECTIVE D, NUMBERS 1,2, AND 5 (pg.103); WHICH SHALL BE IN ACCORDANCE WITH IDAHO CODE ~67-6509; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority [pursuant to LC. S 50- 302] to establish resolutions not inconsistent with the laws of the state ofIdaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare ofthe corporation and its trade, commerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to amend a portion ofthe July 2002 Comprehensive Plan, especially Section C.1. of Chapter VII (pg. 92), entitled "Urban Service Planning Area (USP A)." The amendment also includes several Action items in Section D.I of the same chapter, specifically Objective D, numbers 1,2, and 5 (pg. 103), and to be in accordance with Idaho Code 967-6509. The purpose of this Resolution is to implicate and provide procedures for carrying out the USP A policy as adopted in the 2002 Comprehensive Plan. WHEREAS, the USP A section of Chapter VII will allow a developer to make formal requests for city services on property "not immediately serviceable with urban services," and to provide for the expansion of sanitary sewer and/or water systems to be at the option of either the City of Meridian or the developer, following certain standards and conditions. RESOLUTION FOR MODIFICATIONS TO THE JULY 2002 COMPREHENSIVE PLAN (URBAN SERVICE PLANNING AREA) NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. Pursuant to Idaho Code g50-301 et seq., the Mayor and City Council hereby adopt the amendments to the July 2002 Comprehensive Plan, a copy of said modifications to the July 2002 Comprehensive Plan is attached hereto as Exhibit "A", and consisting of two (2) pages, and by this reference incorporated herein. A copy of this Resolution and the attached modifications to the USP A July 2002 Comprehensive Plan for the City of Meridian shall be held on file in the office of the City Clerk. SECTION 2: EFFECTIVE DATE. This Resolution shall be in full force and effect on the g(!L day of /:J;?r/2 ,2003. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this of 11J:H....;Z , 2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of I7Jnr / L , 2003. .fA. 8 - day &~ ATTEST: RESOLUTION FOR MODIFICATIONS TO THE JULY 2002 COMPREHENSIVE PLAN (URBAN SERVICE PLANNING AREA) 2 Urban Services Amendment (All additions are underlined. All deletions are strikethrough.) "Urban Services Policies: Plmming Area. The City of Meridian desires all development within its Area ofImpact to be served with city services. Such services include sanitary sewer, water, fire, police, parks and libraries. Secondarily, the City will consider the availability and capacity of the school system, transportation facilities and stormwater facilities in any review of development within the Area of Impact. However, it is recognized that some development may precede the ability of the City, on its own, to extend services for such development. Upon formal requests to the City for development that is on property not immediately serviceable with urban services, the City may consider said applications. If pri'/atc utilities are constructed, it will be the City's policy that said private services be constructed to City ofMeridiun standards and v/ill revert to the City upon future annexation. 'Nhile the City's strong preference is that all development be attached to or serviced by City o\':ned services, consideration may be gi'/en to other options as proposed. All requests for annexation into the city limits will still require city-owned services. Expansion of the sanitary sewer and/or water systems may be at the o-ption of either the City of Meridian or the developer. Developments within the Area of Impact but outside the City limits will only be considered if the following standards and conditions are agreed to by the developer(s): 1. The development is connected to City of Meridian water and sanitary sewer systems and the extensions to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development; 2. An irrevocable consent to annexation is a condition of hook-up to City sanitary sewer or water, is made a deed restriction on all buildable lots, and is placed as a note on all final plats; 3. All City sewer and water inspection and plan review fees (for the main lines) in effect at the time of development are paid to the City of Meridian; 4. Ada County will issue no building permit for said development(s) unless or until the applicant for such building permit provides documentation that park impact fees required by the City of Meridian have been collected or waived by the City of Meridian. A written agreement between the City of Meridian and Ada County must be executed prior to said park impact fees being collected; 5. All developer-initiated system expansions (approved by the City) must be for properties which are adiacent to existing or previously approved proiects where City sewer and water services are or will be provided. 6. Developer-initiated and constructed system expansions may be eligible for over-sizing credits and reimbursements from latecomer hook-up fees. LD.2: "Require rural area residential development to submit alternative development plans to alloy.' for demonstrate the efficient extension of urban services in the future (MJ! resubdivision plan or other City-approved documentation)," Exhibit "A" 1 of2 LD.5: "Allow residential development in rural areas that are outside the City limits but inside the Area of Impact, provided that development complies with the following standards: · Within the USP A, one single-family residential house may be placed on a five-acre minimum lot if dry line sewer and water lines are installed for future connection. Alternatively, the City Engineer may grant a waiver to the dry line sewer and water line requirement where said lines are not feasible. A concept plan for roads and lots must be submitted to the Planning and Zoning Department showing that provisions have been made to allow for re-subdivision of the property to an urban density, as shown in the Comprehensive Plan Land Use map. · Within the Area of Impact but outside the USP A, one single-family residential building may be constructed on a five-acre minimum lot without municipal sewer and water services being provided if Central District Health Department approves private sewer and water service." Z:\Work\M\Meridian\Meridian 15360M\Resolutions City Hall\2003\Amendments to the July 2002 Comp Plan Revision ofUSPA Policy Exhibit A 040] 03.doc Exhibit "A" 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 ofIdaho, 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 8~ day of +/2 , 2003, the following action has been taken and authorized. A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR FINDINGS AND TO ESTABLISH AM:ENDMENTS TO THE JULY 2002 MERIDIAN COMPREHENSIVE PLAN FOR THE CITY OF MERIDIAN; TO PROVIDE FOR THE FOLLOWING AMENDMENTS: SECTION C.t OF CHAPTER VII (pg. 92), URBAN SERVICE PLANNING AREA (USPA); THE AMENDMENT INCLUDES SEVERAL ACTION ITEMS IN SECTION D.I. OF THE SAME CHAPTER, SPECIFICALLY OBJECTIVE D, NUMBERS 1, 2, AND 5 (pg. 103); WHICH SHALL BE IN ACCORDANCE WITH IDAHO CODE ~67-6509; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority [pursuant to I.e. ~ 50- 302] to establish resolutions not inconsistent with the laws of the state ofIdaho as maybe expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare ofthe corporation and its trade, commerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to amend a portion of the July 2002 Comprehensive Plan, especially Section C.1. of Chapter VII (pg. 92), entitled "Urban Service Planning Area (USP A)." The amendment also includes several Action items in Section D.l of the same chapter, specifically Objective D, numbers 1,2, and 5 (pg. 103), and to be in accordance with Idaho Code g67-6509. The purpose of this Resolution is to implicate and provide procedures for carrying out the USP A policy as adopted in the 2002 Comprehensive Plan. WHEREAS, the USP A section of Chapter VII will allow a developer to make formal requests for city services on property "not immediately serviceable with urban services," and to provide for the expansion of sanitary sewer and/or water systems to be at the option of either the City of Meridian or the developer, following certain standards and conditions. CERTIFICATE OF CLERK PAGE 1 OF 2 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. Pursuant to Idaho Code S50-301 et seq., the Mayor and City Council hereby adopt the amendments to the July 2002 Comprehensive Plan, a copy of said modifications to the July 2002 Comprehensive Plan is attached hereto as Exhibit "A", and consisting of two (2) pages, and by this reference incorporated herein. A copy of this Resolution and the attached modifications to the USP A July 2002 Comprehensive Plan for the City of Meridian shall be held on file in the office of the City Clerk. the SE~TION 2: EFFECTIVE DATE. This Resolution shall be in full force and effect on .&r~ ~ -J \\l1I111TTii'lIJ - day of '/ '- ,2003. \\\\\Iar t-AEOI 11111, "~I ~t IT!!)" /1 " :'\ ~ "-1. 'l $ c} ~OPA ~ ~ .::- ,,0 ''''r~ -.:;. g ~ () ~ ~ = - - ... ... ... STATE OF IDAHO, ) County of Ada. : ss: ) {9A day of ~L ,2003, before me, ~ l) OVerllY\. , a Notary Public, appeared WILLIAM G. BERG. JR., known or identified to me, respectively, to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and aclmowledged to me that he executed the same on behalf of the City of Meridian. On this ., ,.. ....,... " ." ftt!tt'" t'>- '0. 0".6' "",\ ........" ........ ~ ~ ~ SE~."" .. ..~.... "" .. . ~" i ... y.OT Aft J-- \ \ : k:.:- I * : .. * . :~lTB\.\C I i '0 ;0, dt~ ....~ ~.: .,~ ...:,\T Ii' "'''8 Of \~:"~'~ ......... ~<CU 10 (j)~_. Notary Public for Idaho _ ( Residence: '-7'Lf ~a .T Cf Commission Expires: 11- tJ;J. -() 'f Z:\Work\M\Meridian\Meridian 15360M\Resolutions City Hall\2003\CERT ofCLK Modifications to the July 2002 Comp Plan Urban Service Planning Area 03 3 I 03.doc CERTIFICATE OF CLERK PAGE 2 OF 2 April 4, 2003 MERIDIAN CITY COUNCIL MEETING April 8, 2003 APPLICANT REQUEST Beer, Wine, and Liquor License Renewals ITEM NO. 3-1 Wash 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 vd {Iv fro Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. WHITE PETERSON KEVIN E DIN IUS JULIE KLEIN FISCHER WM. F GIGRAY, III T Gu," l-L-\l.L,\M'" U S,U..I Ut::L JO-lNSON WILLIAM A. MORROW WILLh\M F, NICHOLS' CHRISTOPHER S. NYE WHITE, PETERSON, MORROW, GIGRA Y, ROSSMAN, NYE & ROSSMAN, P.A. 1'H1L1PA. PETERSON ATTORNEYS AT LAW NAMPA OFFICE ERICA S. PHILLIPS 5700 E. FRANKLIN RD., ERIC S. ROSSMAN Sum 200 TODD A, ROSSM,\N NAMPA, IDAHO 83687-8402 D,WID M. SW,\Rn,EY TEL. (208) 466-9272 PAMELA J. TARLOW FAX (208) 466-4405 TERRENCE R. WHITe' NICHOLAS L WOLLEN 'Also admined in OR .. Also admitted in W A April 14, 2003 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: CENTENNIAL DEVELOPMENT, LLC I CASTLEBROOK SUBDIVISION I FINAL PLAT - (FP-03-012) 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;\ W ork\M\Meridian\Meridian I 5360M\Castl::brook Sub FP-03-0 12\ClerkFPltr 04 0] 03.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF CENTENNIAL DEVELOPMENT, LLC FOR APPROVAL OF FINAL PLAT FOR CASTLEBROOK SUBDIVISION, LOCATED EAST OF NORTH BLACK CAT ROAD AND SOUTH OF WEST CHERRY LANE, MERIDIAN, IDAHO C/C 04/01/03 04/08/03 ) ) ) ) ) ) ) ) ) ) CASE NO. FP-03-012 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on March 25,2003, and tabled until Aprill, 2003 and April 8, 2003, and the Council finding that the Administrative Review is complete which has included certain comments as stated in a letter to the Mayor and Council from Wendy Kirkpatrick Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and that Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, Brad Watson City Engineer, and Jim Conger, 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 "CASTLEBROOK SUBDIVISION" as evidenced in Plat bearing: "PLAT SHOWING CASTLEBROOK SUBDIVISION NO. I, LOCATED IN THE SW1I4 OF THE NW1I4 OF SECTION 10, T.3N., R.IW., B.M., MERIDIAN, ADA COUNTY, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CASTLEBROOK SUBDIVISION I (FP-03-012) - 1 IDAHO 2003 ENGINEERlNGNORTHWEST, LLC BOISE, IDAHO, J:\CASTLEBROOK _1_ 0203000\Drawings\CB 1_ REV\OO _ CASTLEBROOK _1_PLA Tl_REV.d wg 3/24/2003,02-030-00, SHEET 1 OF 3, HANDWRITTEN DATE: 3-24-2003, STAMPED: RECEIVED MAR 26 2003 CITY OF MERIDIAN CITY CLERK OFFICE", CENTENNIAL DEVELOPMENT, 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 III, and Wendy Kirkpatrick Planner II for the Planning and Zoning Department, dated April 8,2003, listing 4 General Requirements and 11 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 8, 2003 meeting as follows, to- wit: 1.1 That Site Specific number 7 (7.) shall now read as follows: Site Specific Requirements 7. (7.) Lot 1 and 5, Block I shall be owned bv the Citv of Meridian, and maintained. . . 1.2 Comply with the Meridian Fire Department's requirements as follows: I. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CASTLE BROOK SUBDIVISION I (FP-03-012) - 2 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 for all internal roads. 6. All roadways shall be built to Ada County Highway Standards with a minimum clear street width of20' available at all times. AU 29' wide streets shall have restricted parking to one side. All 33' wide street sections shall also be posted no parking on one side to prevent encroachment on the required clear width of 20'. 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. Phasing of the subdivision that may result in access being provided by a single access point serving greater than 50 homes will require a secondary access point. 1.3 Comply with the Nampa & Meridian Irrigation District's requirements as follows: 1. The District requires a Land Use Change/Site application be filed before they comment on the final plat. 2. Should the development be planning a pressure urban ilTigation system that will be owned, operated and maintained by the Irrigation District, then coordinate with the District concerning the installation ofthe pressure system Fill out and return the questionnaire in order to initiate the process of contractual agreements between the owner or developer and the District for ownership, operation and maintenance of the pressure urban irrigation system. 1.4 Comply with the Central District Health Department's requirements as follows: ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT FOR CASTLEBROOK SUBDIVISION I (FP-03-0I2) - 3 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. If Lot 1 and 5, Block 1 is owned, or under contract to be purchased, by the City of Meridian to be used as a regional lift station site, then this fact shall be noted on the Final Plat prior to signature. 3. 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 CASTLEBROOK SUBDIVISION I (FP-03-012) - 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 811- day of ~ ,2003. Attest: By &~f) ~~ ROB RT D. CORRIE \\\\\;Ililllllf!.-/. . . "III Of rt;:>" 'NWyor, CIty of Mend Ian ", -J ~''-f'{F'" III " :'.' __ Vly ~ ::: y c} O'i\P0i711 )'"; ''V~.... 2 ....0 ~o ~ .... ~ .... t ~ ~ - - - - - - w _ - - Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. BY~~b~ ~ ity Clerk . Dated: 4-/S-tJ3 z:\ Work\M\Meridian\Meridian 15360M\Castebrook Sub FP-03.0 12\Orderfl'.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CASTLEBROOK SUBDIVISION / (FP-03-012) - 5 MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 466-9272 . Fax 466-4405 CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird Cherie McCandless William L.M. Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 8884433' FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 PUBLIC WORKS BUILDING DEP ARTMENT (208) 898-5500' Fax 887-1297 PLPu."'lNING AND ZONING DEPARTlvIENT (208) 884-5533 . FAX 888-6854 MEMORANDUM: April 8, 2003 To: Mayor, City Council and Planning & Zoning Commission Wendy Kirkpatrick, Planner II [J ~l ~ Bruce Freckleton, Senior Engineering Tech ~ RECEIVED APR 0 4 2003 From: Re: Castlebrook Subdivision No.1 City Of Meridian City Clerk Office . Request for Final Plat Approval of Fifty-Two (52) Building Lots and Five (5) Other Lots on 39.96 Acres in an R-4 Zone, by Crestline Development LLC (File No. FP-03-0J 2). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY This is the Final Plat application for Castlebrook Subdivision No.1. The property is located on the east side of Black Cat Road, approximately Y:l mile south of Cherry Lane, directly south of the recently approved Coral Creek Subdivision. Minor modifications have been to the final plat that differs from the approved preliminary plat. The changes include the elimination of a building lot to. accommodate drainage (Lot 4 Block 4), the reduction of common lot square footage on Lot 1 Block 7 for NMID, and the creation of a new regional Lift Station Lot for the City of Meridian (Lot 5, Block 1). SITE SPECIFIC REOUIREMENTS 1. Applicant shall meet all terms of the approved Preliminary Plat. 2. Water service to this site shall be via main line extensions from the existing mains adjacent to the property. The applicant shall be required to extend water mains to and through the proposed development, thereby making them available to the adjacent properties (Stub streets, and N. Black Cat Road). 3. Staff finds that sanitary sewer service will be available to the lots within the proposed subdivision. Sanitary sewer service to this site will be via a temporary lift station within E~;'b ~+ "A' , 1~3 Planning & Zoning Commission/Mayor & City Council April 8, 2003 Page 2 the Blackstone Subdivision. This station pumps to an existing gravity sewer main located in Black Cat Road, that then flows to the Ashford Greens lift station. The Blackstone lift station shall be upgraded or modified, at this developer's expense, to the City of Meridian's standards and specifications. The applicant will be responsible to construct lateral sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. This development shall be subject to the Ashford Greens sewer latecomers fees. Black Cat trunk development fee of $1,500.00 per dwelling unit shall also be assessed against this development. Payment of the trunk development fees and latecomer fees are required prior to signature on the fmal plat map by the City Engineer. 4. Underground year-round pressurized irrigation must be provided to all lots within this development. The applicant has indicated that the Nampa & Meridian Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface 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. 5. The 6' sandstone vinyl fence adjacent to Black Cat Road is approved as submitted. The applicant shall provide open vision and non-combustible fencing (i.e. chain link or wrought iron adjacent to Ten Mile Creek (Lot 1, Block 7). The.aforementioned fencing shall be installed prior to the issuance of occupancy permits within this phase. 6. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 7. Add or revise the following preliminary plat notes: Se.e 'F\l~ (6.) . ..homeowners association Lot 1, Block 1 and ... ;~cd--- 6)~ (7.) Lot 1, Block 1 shall be owned bv the City of Meridian. and maintained... )eJ ~ (13.) Include the complete text referring to the Right to Farm Act. ~"-6Yl (YL.> (17) Fencing adjacent to the southern property lines of Lots 1-4. Block 5 and the f-- '%.{) ~ western property line of Lot 6, Block 5 shall be restricted to four feet (4')in height if solid fencing material is used: two additional feet of lattice style fencing may be placed on top of the four foot solid fence. 8. Complete the recording information in plat note 16. 9. Any drainage areas (detention / retention basins) must be designed to ensure that water is retained only during 100wyear storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. ......1 I' All E~~'bll g d..tl 3 Planning & Zoning CommissionlMayor & City Council April 8, 2003 Page 3 10. A revised landscape plan shall be submitted to the Public Works Department and the Planning and Zoning Department for approval prior to the cities signature on the Final Plat. The revised plan will need to address the changes made to the common areas adjacent to Black Cat Road, due to the inclusion of temporary sanitary sewer mains. II. Graphically depict five-foot-wide easements for public utilities, drainage, and irrigation along the southern boundary of Lot 2, Block 3, Lots 1 and 7, Block 4, Lot 6, Block 5, and the Lot 6, Block 7, As these lot lines will be side lot lines against future phases of this development. GENERAL REOUIREMENTS 1. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2. 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. 3. Two hundred, and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. All irrigaHonditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with writt~n confirmation of said approval submitted to the Public Works Department. RECOMMENDATION Staff recommends approval of the proposed final plat, with the aforementioned findings and conditions. AI{ ~dli. ,{,... 't it ].:: 'VU...., IJ ( '3 Llt? 3 ,1 EJCDC Standard Form of Agreement Between OWNER and CONTRACTOR On tbe Basis of a Stipulated Price TIllS AGREEMENT is dated as of the '1 " day of ~ 1 in the year 2003 by and between City of Meridian, Ada County, Idaho (hereinafter called R) and Insituform Technologies, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR. in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. CONTRACTOR shall complete all Work as specified or indicated in the contract Documents. The WORK is generally described as follows: The project consists of 6 sewer pipe linings totaling approximately 725 feet, which range in diameter from 24-inch to 36-inch. Traffic control and removal of debris and deleterious material to an approved disposal site is also included. It is the intent of these documents to describe the work required to complete this project in sufficient detail to secure comparable bids. All parts or work not specifically mentioned which are necessary in order to provide a complete installation shall be included in the bid and shall conform to all Local, State and Federal requirements. Article 2 ENGINEER. The Project "2003 Creek-Crossing Sewer Pipe Rehabilitation Project" has been designed by City of Meridian who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. 3.1. The Work will be completed within 45 days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is ofthe essence of this Agreement. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one hundred fifty dollars ($150) for each calendar day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, the OWNER may withhold moneys from the contract and complete remaining work as required. Article 4 CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds in accordance with unit prices bid; see Exhibit A to this Agreement. Article 5 PAYMENT PROCEDURES. The CONTRACTOR shall submit Applications for Payment in accordance with ARTICLE 14 ofthe General Conditions. ENGINEER will process applications for Payment as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 25th day of each month during construction, as provided below, for Applications submitted to the Engineer prior to or on the 25th day of the previous month. All progress Page 1 of6 < " (. payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4 and in the case of Unit Price Work, based on the number of units completed. 5. I.l Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER, shall determine, or OWNER may withhold, in accordance with paragraph ]4.7 of the General Conditions. 100 % of work completed (less 5% retainage). 100 % of materials and equipment (less 5% retain age) not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to ]00% of the Contract Price, less such amounts, as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph ]4.13 ofthe General Conditions, OWNER shall pay the remainder ofthe Contract Price as recommended by ENGINEER as provided in said paragraph ]4.13. Article 6 INTEREST. All moneys not paid when due as provided in ARTICLE 14 ofthe General Conditions shall bear interest at the maximum rate allowed by law at the place of Project. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regu]ations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all drawings of physical conditions which are identified in the Supplemental Conditions, as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in ARTICLE 4 ofthe Supplemental Conditions of the extent of the technical data contained in such drawings upon which CONTRACTOR is entitled to reply. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to Page 2 of6 .'1, perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. 7.5 CONTRACTOR has correlated the results ofal! such observations, examinations, investigations, explorations, tests. reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that the Contractor has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement. 8.3 Performance and other Bonds. 8.4 Notice of Award. 8.5 Acceptance of Notice of Award 8.6 General Conditions. 8.7 State of Idaho Tax Reporting Requirements 8.8 Supplemental General Conditions. 8.9 Technical Specifications. 8.10 Drawings. 8.11 Appendix. 8.12 Invitation To Bid. 8.13 Information for Bidders. 8.14 Addenda. 8.15 CONTRACTOR's Bid. 8.16 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.1 7 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to ARTICLE 11 and ARTICLE 12 of the General Conditions. 8.18 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). Page 3 of6 There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in ARTICLE II and ARTICLE 12 ofthe General Conditions. Article 9 MISCELLANEOUS. 9.1 Terms used in this Agreement, which are defined in ARTICLE 1 ofthe General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interest in the Contract Documents witl be binding on another party hereto without the written consent ofthe party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None Page 4 of6 .' , IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGrNEER on their behalf. The Agreement will be effective on --/J'f~":.( ^ ~ ,2003. ~ co~Uform Technologies, Inc. By: ~ By. ~ (") ,,\lllIlllll/'f, \\\\ ~ MJ=-h "'1 ,'\\.J 0,.- <-rflo. 1/// 1d dd' . . d Name: Robert D. Corrie. MaYo.r~' :\' . ~,f..~; Ger~ A ~ngton, V~ce PreSl ent . O~~0o \proJect Management - - [CORPORATE SEAL] and Address for giving notices Address for giving notices 33 East Idaho Ave. 702 Spirit 40 Park Drive Meridian, ID 83642 Chesterfield, MO 63005 Public Works License No. 14l34-AAA-1-4(32.44) . rfCONTRACTOR is a corporation, attach evidence of authority to sign if other that President signing Page 5 of6 Exhibit A Insituform Technologies, Inc Estimated Item Description Quantity Units Unit Price Total 1 Mobilization 1 LS $30,000.00 $ 30,000.00 2 Lining 1 - 30" Pipe at 5 Mile Creek & Ustick 115 LF $ 391.00 $ 44,965.00 3 Lining 2 - 27" Pipe at Ustick & West of Linder Rd 135 LF $ 349.00 $ 47,115.00 4 Lining 3 - 24" Pipe at 5 Mile Creek East of Tully Park 110 LF $ 347.00 $ 38,170.00 5 Lining 4 - 36" Pipe at 5 Mile Creek South ofWWTP 50 LF $ 699.00 $ 34,950.00 6 Lining 5 - 27" Pipe at Ustick & 9 Mile Creek 80 LF $ 448.00 $ 35,840.00 7 Lining 6 - 24" Pipe at 5 Mile Creek & Meridian Rd 235 LF $ 287.00 $ 67,445.00 Total $ 298,485.00 Page 6 of6 INSITUFORM TECHNOLOGIES, INC. SECRETARY'S CERTIFICATE I HEREB Y CERTIFY that I am the duly elected and qualified Secretary of Insituform Technologies, Inc., a Delaware corporation (the "Corporation"). I FURTHER CERTIFY that the Board of Directors of the Corporation has duly appointed the following persons as officers of the Corporation to serve in the capacity indicated: Anthony W. Hooper, Chairman of the Board, President and Chief Executive Officer Carroll W. Slusher, Vice President - North America I FURTHER CERTIFY that the following is a true and correct excerpt from the By-laws of the Corporation: "The officers of the corporation shall be a chairman of the board, a vice chairman of the board, a president, one or more senior vice presidents, one or more vice presidents, a secretary and a treasurer, each of whom shall be elected by the directors. Such other officers and assistant officers as may be deemed necessary may be elected by or appointed by the directors. In addition, the president may from time to time appoint such officers of operating divisions, and such contracting and attesting officers, of the corporation as he may deem proper, who shall have such authority, subject to the control of the directors, as the president may from time to time prescribe." I FURTHER CERTIFY that the President of the Corporation has, pursuant to the above authority, duly appointed (a) Gerald Addington to the position of Vice President - Project Management, (b) H. Douglas Thomas to the position of Vice President - Project Support and (c) Joann Smith and Denise L. Carroll as Contracting and Attesting Officers of the Corporation. Each of the foregoing have been fully authorized and empowered by the President of the Corporation: "(i) to certify and to attest the signature of any officer of the Corporation, (ii) to enter into and to bind the Corporation to perform pipeline rehabilitation activities of the Corporation and all matters related thereto, including the maintenance of one or more offices and facilities of the Corporation, (iii) to execute and to deliver documents on behalf of the Corporation and (iv) to take such other action as is or may be necessary and appropriate to carry out the projects, acti vities and work of the Corporation." IN WITNESS WHEREOF, I have hereunto affixed my name as Secretary, this 4th day of December, 2002. Insituform Technologies, Inc. By: 1~ b ~ ;:~ A. A. Cook '-- Vice President, General Counsel & Secretary L:\ApplS & Ccm\Rev Secy Cert (Dlllomas)l20402.doc