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HomeMy WebLinkAbout2003-01-28 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 28, 2003 at 7:00 p.m. City Council Chambers 1. Rollwcall Attendance: X Tammy de Weerd X -X Cherie McCandless () )( Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: apprt)~ 3. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: CUP U2w033 Request for a Conditional Use Permit to open a retail shop for children's gently used clothing, toys, etc. in an O-T zone for Johann and Rachael Kretzschmar by Johann and Rachael Kretzschmar - 124 East Pine Street: c:tt fr'tP V\-V B. Findings of Fact and Conclusions of law for Approval: VAR 02-016 Request for a Variance from the Parking Ordinance and Landscape Ordinance for Johann and Rachael Kretzschmar by Johann and Rachael Kretzschmar-124 East Pine Street: ~V:.(.; C. Findings of Fact and Conclusions of Law for Approval: RZ 02w 007 Request for a Rezone of 2,83 acres from R-4 to L-O zones for Meridian First Baptist Church by Meridian First Baptist Church - 428 and 506 West Pine Avenue: ~v\e/ D. Findings of Fact and Conclusions of law for Approval: RZ 02w 006 Request for a Rezone of 0.85 acres from I-L to O-T zones for Meridian Head Start by Friends of Children and Families, Inc, - 321 and 333 West Broadway Avenue: tl;7rIVVV ' . E. Findings of Fact and Conclusions of Law for Approval: CUP 02-037 Request for a Conditional Use Permit for a two classroom center serving young children and families, and a 400 square foot community meeting room for Meridian Head Start by Friends of Children and Families, Inc. - 321 and 333 West Broadway Avenue: p~V'..e- Meridian City Council Agenda - January 28, 2003 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 3884433 at least 48 hours prior to the public meeting. F. Development Agreement: AZ 01-018 Request for annexation and zoning of 85,36 acres from RUT to C-C and C-G zones for proposed EI Dorado Subdivision by W. H. Moore Company - southwest corner of East Overland Road and South Eagle Road: p'p/pre; v~'<- G. Schrammeck Easement Addendum, South Slough Sewer Project: d'J??r>P v.e..-- H. Waterline Easement, Platinum Point Building in Silverstone Subdivision - Sundance Investments. Inc.: tfiJ7jJY7Jv"~ I. Waterline Easement, Charter High School Medical Arts Building in Education Campus Subdivision - Joint School District No. 2: ~j1YvIl~ J. Sanitary Sewer Easement, Charter High School Medical Arts Building in Education Campus Subdivision - Joint School District No.2: '"7JflY'Pv,<-- K. Agreement for Professional Services, Civil Survey Consultants - ACHD locust Grove Road (1-84 to Franklin Road): t2-fPJlYPVK--' l. Well No. 14 Piping Modifications Bid Award, Star Construction: d?p-rlJ"~<"'- M. Contract for Services, Xerox - City Clerk's Office Copier: P?f"Yt:> v~ N. Finance Report: P~lA€- 4. Department Reports A. Fire Department: 1. Presentation of Award for Service: ;1rrttce S~ B. Public Works Department: 1. Agreement for Professional Services, J-U-B Engineers _ Black Cat Sewer and lift Station: Co/P;p/vtJl-e.-.-". " 5. (Items Moved from Consent Agenda) 6. Ordinance No. tJ :J - 100 ( : ZA 02-002 Request to Amend Zoning Ordinance 11-9-2, Supplemental Yard and Height Regulations, to allow architectural encroachments to setbacks in residential developments by Wardle & Associates: C"'1J7 rc;~ Meridian City Council Agenda - January 28, 2003 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents andlor hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 15. 16. 7. Ordinance No. 0;] - / tJ tJ 2- RZ 02-005 Request for a Rezone of 0.8 acres from L-O to C-G zones for AnQel Park Development by Farmers and Merchants State Bank - northwest corner of North Hickory Way and East Fairview Avenue, west of North Eagle Road: ~ove__ Ordinance No. tfJ -r? - / tP t/ 3 : AZ 01-018 Request for annexation and zoning of 85.36 acres from RUT to C-C and C-G zones for proposed EI Dorado Subdivision by W. H. Moore Company - southwest corner of East Overland Road and South Eagle Road: ~ro"''-L-' FP 02-030 Request for Final Plat approval of 54 building lots and 3 other lots on 17.22 acres in an R-4 zone for Sutherland Farm Subdivision No.1 by Great Sky, Inc, - north of East Victory Road and east of South Eagle Road: #~o v<e-- FP 03-001 Request for Final Plat approval of 5 building lots on 6.85 acres in L-O and C-G zones for Mallane Subdivision by The Land Group, Inc. - north of East Fairview Avenue and west of North Eagle Road: Cvj?)P"rPv~ Continued Public Hearing from December 17, 2002: Comprehensive Plan Text Amendments regarding Urban Services Policies in the .2002 Comprehensive Plan: C'on.-!Jv,uu ;JIlt- ..;0 1uC<A-~ 4-~'2-o03 Continued Public Hearing from January 21, 2003: Amendment to Meridian City Code 11-15-5, Postina Requirements: a.:t1"urhlUJ Iv pr.efNVLe CYUe/h.~U!-- Public Hearing: CUP 02-043 Request for a Conditional Use Permit for a Planned Development for drive-thru facilities on pre-approved bank in a C- C zone on 0.89 acres for Albertson's Emplovees' Federal Credit Union by Albertson's Employees' Federal Credit Union - south of East Overland Road and east of South Eagle 89$id: f.# /'~ y?) ~ ?t~e:J* jlrej'Ja"l.€ ~/r-.( o(.;f.. r-zrf... ct;PP t/ Public Hearing: CUP 02-042 Request for a Conditional Use Permit for a drive-thru window for a coffee and ice cream shop in a C-N zone in the Linder Crossina retail center by Stubblefield Development Company - southeast corner of West Cherry Lane and North Linder Road: . a~e':J Iv jh"'e?,~-FI.?< el-f rhn.- r?pv~ Public Hearing: CUP 02-044 Request for a Conditional Use Permit for a sports bar and grill in a C-G zone for Muaasv's Bar & Grill by Michael McGuinness - south of East Fairview Avenue, east of North Locusf Grove Road on East Wilson Lane: ccfhr/1.€!j -10 ;Jreparu:... .../'/~ 4 c/_( ftn.. 4f'prPVt~ Public Hearing: AZ 02-026 Request for annexation and zoning of 35.94 acres from RUT to R-8 zones for proposed Burnev Glen Subdivision by Properties West, Inc, - east of North. Meridian Road and north of East Ustick Road: ~/~7 h j1Yo/c<-e .f/~t/elf hv<tlrv~ 8. 9. 10. 11. 12. 13. 14. Meridian City Council Agenda - January 28, 2003 Page 3 of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring acconunodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 17. Public Hearing: PP 02-025 Request for Preliminary Plat approval of 119 building lots and 12 other lots on 35.94 acres in a proposed R-8 zone for proposed Burnev Glen Subdivision by Properties West, Inc. -- east of North Meridian Road and north of East Ustick Road: 4'...r-.ffvrNd 1-0 fr~f'(V'l.f ;:/{{ c(,e ~'t.- 4/"JY.9l..'~ 18. Public Hearing: VAR 03-001 Request for a Variance to allow two block lengths to exceed the one thousand foot maximum block length for proposed Burnev Glen Subdivision by Properties West, Inc. - east of North Meridian Road and north of East Ustick Road: an-r~i lv~jJv..-...e ff?<tc/e k.- .ri~t/v~ Meridian City Council Agenda - January 28, 2003 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting, ** TX CONFIRMATION REPORT ** AS OF JAN 24 '03 15:57 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 03 01/24 15:57 MER SCHOOL DISTR ----S 00'00" 000 113 BUSY THIS DOCUMENT IS STILL IN MEMORY -----------------------------------------------------------------------------------------~-- 11 Lw..se. ?OS---t JOy 1k~'G (lo.tfC€.. -Lhtvn~s! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 28, 2003 at 7:00 p.m. . City COUIlCU Chambers 1. RolJ.call Attendance: _ Tammy de Weerd _ 8ll! Nary Cherie McCandlesS Keith Bird - _ Mayor Robert Coni;-- 2. Adoption ofthe Agenda: 3. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: CUP 02-033 Request for a Conditional Use Permit to open a retail shop for children's gently used clothing, toys, etc. in an O-T zone for Johann and Rachael Kretzschmar by Johann and Rachael Kretzschmar - 124 East Pine Street: B- Findings of Fact and Conclusions of Law for Approval; VAR 02.016 Request for a Variance from the Parking Ordinance and Landscape Ordinance for Johann and Rachael Kretzschmar by Johann and RachaeJ Kretzschmar-124 East Pine Street: C. Findings of Fact and Conclusions of Law for Approval: RZ 02- 007 Request for a Rezone of 2.83 acres from R-4 to L-O zones for Meridian First Baptist Church by Meridian First Baptist Church- 428 and 506 West Pine Avenue: D. Findings of Fact and Conclusions of Law for Approval: RZ 02- 006 Request far a Rezone of 0.85 acres from I-L to O~T zones for Meridian Head Start by Friends of Children and Families, Inc. - 321 and 333 West Broadway Avenue: E. Findings of Fact and Conclusions of Law for Approval: CUP 02~031 Request for a Conditional Use Permit for a two classroom center seNing young children and families, and a 400 square foot community meeting room for Meridian Head Start by Friends of Children and Families, Inc. - 321 and 333 West Broadway Avenue: Meridinn City COWlcil ASroclu ~ Januuy 28, 200J Page 10f4 AlllIUlloria!$ JlTesen~ OX publi~ mcaiJ18$ sI"Ll! become propl'rty orlhe City ofMtridi4n. Allyon. dc.iring =rMIodmion for disobilitic. ralMed to doC'IJlmn[9. end/or h<JJJins pl_. ~D1Sct Ihe City ClttlC, Ofli.~ .1888-4433 at k...148 hOll~ prior to 1hc pl1blie m<cling. February 7, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST February 11, 2003 ~-B ITEM NO. Approve minutes of January 28, 2003 City Council Regular Meeting: COMMENTS AGENCY 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: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: t1ffy7JvVV Phone: Date: MaterIals presented at public meetings shall become property of the City of Meridian. ( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 28, 2003 at 7:00 p.m. City Council Chambers 1. RolI~call Attendance: x X Tammy de Weerd X Cherie McCandless 0 X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve 3. Consent Agenda: A... Findings of Fact and Conclusions of Law for Approval: CUP 02~033 Request for a Conditional Use Permit to open a retail shop for children's gently used clothing, toys, etc. in an 0- T zone for Johann and Rachael Kretzschmar by Johann and Rachael Kretzschmar - 124 East Pine Street: Approve B. Findings of Fact and Conclusions of Law for Approval: VAR 02~016 Request for a Variance from the Parking Ordinance and Landscape Ordinance for Johann and Rachael Kretzschmar by Johann and Rachael Kretzschmar - 124 East Pine Street: Approve C. Findings of Fact and Conclusions of Law for Approval: RZ 02w 007 Request for a Rezone of 2.83 acres from R-4 to L-Q zones for Meridian First Baptist Church by Meridian First Baptist Church - 428 and 506 West Pine Avenue: Approve D. Findings of Fact and Conclusions of Law for Approval: RZ 02w 006 Request for a Rezone of 0.85 acres from I-L to O-T zones for Meridian Head Start by Friends of Children and Families; Inc. - 321 and 333 West Broadway Avenue: Approve E. Findings of Fact and Conclusions of Law for Approval: CUP 02w037 Request for a Conditional Use Permit for a two classroom center serving young children and families, and a 400 square foot community meeting room for Meridian Head Start by Friends of Meridian City Council Agenda - January 28,2003 Page I of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the publie meeting. Children and Families, Inc. - 321 and 333 West Broadway Avenue: Approve F. Development Agreement: AZ 01-018 Request for annexation and zoning of 85.36 acres from RUT to C-C and C-G zones for proposed EI Dorado Subdivision by W.H. Moore Company - southwest corner of East Overland Road and South Eagle Road: Approve G. Schrammeck Easement Addendum, South Slough Sewer Project: Approve H. Waterline Easement, Platinum Point Building in Silverstone Subdivision - Sundance Investments. Inc.: Approve I. Waterline Easement, Charter High School Medical Arts Building in Education Campus Subdivision - Joint School District No.2: Approve J. Sanitary Sewer Easement, Charter High School Medical Arts Building in Education Campus Subdivision - Joint School District No.2: Approve K. Agreement for Professional Services, Civil Survey Consultants - ACHD Locust Grove Road (1-84 to Franklin Road): Approve L. Well No. 14 Piping Modifications Bid Award, Star Construction: Approve M. Contract for Services, Xerox - City Clerk's Office Copier: Approve N. Finance Report: Approve 4. Department Reports: A. Fire Department: 1. Presentation of Award for Service: Bruce Stuart B. Public Works Department: 1. Agreement for Professional Services, J-U-B Engineers - Black Cat Sewer and Lift Station: Approve 5. (Items Moved from Consent Agenda) Meridian City Council Agenda - January 28, 2003 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Ordinance No. 03-1001 : ZA 02-002 Request to Amend Zoning Ordinance 11-9-2, Supplemental Yard and Height Regulations, to allow architectural encroachments to setbacks in residential developments by Wardle & Associates: Approve 7. Ordinance No. 03-1002 : RZ 02-005 Request for a Rezone of 0,8 acres from L-O to C-G zones for Angel Park Development by Farmers and Merchants State Bank - northwest corner of North Hickory Way and East Fairview Avenue, west of North Eagle Road: Approve 8. Ordinance No. 03-1003 : AZ 01-018 Request for annexation and zoning of 85.36 acres from RUT to C-C and C-G zones for proposed EI Dorado Subdivision by W.H. Moore Company - southwest corner of East Overland Road and South Eagle Road: Approve 9. FP 02-030 Request for Final Plat approval of 54 building lots and 3 other lots on 17.22 acres in an R-4 zone for Sutherland Farm Subdivision No.1 by Great Sky, Inc. - north of East Victory Road and east of South Eagle Road: Approve 10.FP 03-001 Request for Final Plat approval of 5 building lots on 6.85 acres in L-O and C-G zones for Mallane Subdivision by The Land Group, Inc. - north of East Fairview Avenue and west of North Eagle Road: Approve 11. Continued Public Hearing from December 17, 2002: Comprehensive Plan Text Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan: Continue Public Hearing to March 4,2003 Meeting 12. Continued Public Hearing from January 21, 2003: Amendment to Meridian City Code 11-15-5, Posting Requirements: Attorney to prepare ordinance 13. Public Hearing: CUP 02-043 Request for a Conditional Use Permit for a Planned Development for drive-thru facilities on pre-approved bank in a C- C zone on 0.89 acres for Albertson's Employees' Federal Credit Union by Albertson's Employees' Federal Credit Union - south of East ..overland Road and east of South Eagle Road: Attorney to prepare Findirtgs of Fact and Conclusions of Law for Approval 14. Public Hearing: CUP 02-042 Request for a Conditional Use Permit for a drive-thru window for a coffee and ice cream shop in a C-N zone in the Linder Crossing retail center by Stubblefield Development Company - southeast corner of West Cherry Lane and North Linder Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda - January 28,2003 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contllct the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 15. Public Hearing: CUP 02-044 Request for a Conditional Use Permit for a sports bar and grill in a C-G zone for Muggsy'S Bar & Grill by Michael McGuinness - south of East Fairview Avenue, east of North Locust Grove Road on East Wilson Lane: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 16. Public Hearing: AZ 02-026 Request for annexation and zoning of 35.94 acres from RUT to R-B zones for proposed Burney Glen Subdivision by Properties West, Inc. - east of North Meridian Road and north of East Ustick Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 17. Public Hearing: PP 02-025 Request for Preliminary Plat approval of 119 building lots and 12 other lots on 35.94 acres in a proposed R-B zone for proposed Burney Glen Subdivision by Properties West, Inc. - east of North Meridian Road and north of East Ustick Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 18. Public Hearing: V AR 03-001 Request for a Variance to allow two block lengths to exceed the one thousand foot maximu m block length for proposed Burney Glen Subdivision by Properties West, Inc. - east of North Meridian Road and north of East Ustick Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda - January 28, 2003 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting January 28. 2003 The Regular Meeting of the Meridian City Council was called to order at 7:04 P.M., on Tuesday, January 28, 2003, by Mayor Robert Corrie. Members Present: William Nary, Tammy de Weerd, and Cherie McCandless. Members Absent: Keith Bird. Others Present: William Nichols, Brad Hawkins-Clark, Brad Watson, Gary Smith, Ken Bowers, Mike Worley, Dean Willis and Will Berg Item 1. Roll call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless 0 Keith Bird X Mayor Robert Corrie Corrie: I will open the Regular Meeting of the Meridian City Council on Tuesday, January 28, 2003, at 7:04 P.M, First on the agenda is roll call attendance, please, Mr. Clerk. . Item 2. Adoption of the Agenda: Corrie: The second item is adoption of the agenda any additions or corrections to the agenda? De Weerd: I have none. Corrie: Okay then, I will entertain a motion for adoption of the agenda. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we adopt the agenda as presented. McCandless: Second. Corrie: Okay. Motion has been made and seconded to adopt the agenda as presented. Any further discussion? All in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Consent Agenda: Meridian City Council Meeting January 28, 2003 Page 2 of 51 A. Findings of Fact and Conclusions of Law for Approval: CUP 02~033 Request for a Conditional Use Permit to open a retail shop for children's gently used clothing, toys, etc. in an 0- T zone for Johann and Rachael Kretzschmar by Johann and Rachael Kretzschmar - 124 East Pine Street: B. Findings of Fact and Conclusions of Law for Approval: VAR 02~016 Request for a Variance from the Parking Ordinance and Landscape Ordinance for Johann and Rachael Kretzschmar by Johann and Rachael Kretzschmar - 124 East Pine Street: C. Findings of Fact and Conclusions of Law for Approval: RZ 02~ 007 Request for a Rezone of 2.83 acres from R-4 to L-O zones for Meridian First Baptist Church by Meridian First Baptist Church - 428 and 506 West Pine Avenue: D. Findings of Fact and Conclusions of Law for Approval: RZ 02- 006 Request for a Rezone of 0.85 acres from I-L to 0- T zones for Meridian Head Start by Friends of Children and Families, Inc. - 321 and 333 West Broadway Avenue: E. Findings of Fact and Conclusions of Law for Approval: CUP 02~037 Request for a Conditional Use Permit for a two classroom center serving young children and families, and a 400 square foot community meeting room for Meridian Head Start by Friends of Children and Families, Inc. - 321 and 333 West Broadway Avenue: F. Development Agreement: AZ 01-018 Request for annexation and zoning of 85.36 acres from RUT to C-C and C-G zones for proposed EI Dorado Subdivision by W.H. Moore Company - southwest corner of East Overland Road and South Eagle Road: G. Schrammeck Easement Addendum, South Slough Sewer Project: H. Waterline Easement, Platinum Point Building i'n Silverstone Subdivision - Sundance Investments. Inc.: I. Waterline Easement, Charter High School Medical Arts Building in Education Campus Subdivision - Joint School District No.2: J. Sanitary Sewer Easement, Charter High School Medical Arts Building in Education Campus Subdivision - Joint School District No.2: Meridian City Council Meeling January 28,2003 Page 3 of 51 K. Agreement for Professional Services, Civil Survey Consultants - ACHD Locust Grove Road (1-84 to Franklin Road): L. Well No. 14 Piping Modifications Bid Award, Star Construction: M. Contract for Services, Xerox - City Clerk's Office Copier: N. Finance Report: Corrie: Item Number 3 is the Consent Agenda. Do we have any changes on the Consent Agenda or any item on the Consent Agenda you would like to have pulled off? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the Consent Agenda and authorize the Mayor to sign and Clerk attest on any agreements or contracts. Nary: Second.' Corrre: Okay. Motion has been made and seconded to approve the Consent Agenda. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: All ayes. The Consent Agenda is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Department Reports A. Fire Department: 1. Presentation of Award for Service: Corrie: The next item is Item Number 4, Department Reports. Fire Department, Chief Bowers. Bowers: Mayor Corrie and City Council Members, this is kind of a sad time in our -- in the history of the Meridian Fire Department. We have a firefighter that has put in many, many years with the Fire Department, has -- out of 35 years with the department he's probably only missed maybe five nights of training. He's one of the gentlemen that when I started was able to instruct me in how to drive the fire trucks. I don't know if that's good or not, but thanks, Bruce, on that part. Also learned how to pump the trucks, how to park them away from a fire so they don't get blistered and burnt, so right now, Meridian City Council Meeting January 28. 2003 Page 4 of 51 Mayor Corrie and Madam President de Weerd, would you, please, come forward here? Would Bruce Stewart please come forward? Bruce, we appreciate everything you have done for the Meridian Fire Department. This plaque and the key to the City of Meridian are from the city themselves, the city officials, and the City Council Members. We could not find a plaque with a beard on it, but we can glue some on or something for you there. All these firemen out here have trained underneath Bruce in different aspects of driver's training, pump training, extrication training -- I wouldn't say too much on the medical end of it, he didn't really like that part of it, but, Bruce, we have got a plaque here for you and I will have Tammy read it. De Weerd: Bruce, in appreciation for 35 years of outstanding service to the Meridian Fire Department from the City of Meridian, 2002. Stewart: Thank you. Bowers: And, also, we have a key to the City of Meridian. Mayor Corrie will present that to you. Corrie: Bruce, there has only been one of these presented by the Mayor -- since] was Mayor eight years ago and you are the recipient of the second one so I don't give those out lightly, I'm g"lad that -- I talked to Kenny. I'm glad to hear that when the fire truck had an accident and the door went off, that you weren't the one that trained them on that part of it. Anyway, congratulations and on behalf of the City of Meridian, I present you the key to the city and it will fit any door that you want to get into, and if it doesn't, call me and I will get you in there, okay? Thank you very much. Stewart: Thank you. Bowers: The key is a bottle opener. That's pretty fitting, but there is not very many bottles that need opening anymore, so -- would you stay up here just a second, Bruce. Also, Mrs. Stewart, would you, please, come forward. Thirty-five years of Bruce missing anniversaries, missing dinners, missing birthdays, missing Thanksgiving dinners -- Christmas. We have missed Christmases several times on many fires. This is in appreciation -- our token of appreciation for you and now.that Bruce is retired, he can sit and see how his green thumb does work out there, so thank you. Thanks for all the firemen for coming down. Bruce needed that support. Thank you. Thank you, Mayor and Council. Appreciate it. B. Public Works Department: 1. Agreement for Professional Services, J-U-B Engineers - Black Cat Sewer and Lift Station: Corrie: Under Department Reports, Public Works. Department. Meridian City Council Meeting January 28, 2003 Page 5 of 51 Watson: Thank you, Mr. Mayor. I'm not quite sure I can follow up as well on this project. If you have read the memo that I included in your packets, this is the follow-up to the Ten Mile sewer -- Ten Mile Interchange Sewer Study, if we can get it up there for you. There we go. You have probably seen this map in various iterations over the last year, year and a half. Last July we presented an enhancement to provide the design and easement acquisition for this project. The project would open up roughly 1,200 to 1,400 square miles of -- to development immediately. Acres. Excuse me. It feels like 1,200 square miles. It would also open up to -- the south side of the interstate to development shortly thereafter, I would presume. This project doesn't include that crossing yet in this contract. After the budget was approved, we issued requests for proposals to engineering firms. Most of the ones that you're familiar with did provide us with proposals. We agonized over that decision for quite some time. There are a lot of really good proposals. Eventually, we ended up choosing JUS Engineers to negotiate with because of the scope of this project it's taken us two, three months to iron out everything that needs to be done on this project. It isn't nearly as simple as just going out, surveying, and throwing some pipe in the ground. There are -- before I go any farther, Phil Krischbaum, you're all familiar with his face, he's sitting right here in front of me and I should makehirri sit next to me, so that he can absorb some of the questions, too. If you do have any questions for him, that's why he's here. This project is composed of four major categories. There are two of them that are fairly straight forward, the gravity trunk design -- there will be, oh, roughly four miles of sewer line -- gravity sewer to be designed. The second part includes a 9,000 GPM lift station and another two plus miles of pressure sewer. The third and fourth major task within this contract are the ones that have proved to be, over the last couple of years, a little more challenging. The third is -- has to do with easement acquisition. We also will include with this contract some public involvement aspects through open houses and one-on- one meetings with developers and property owners in the area. We will also, in addition to just easement acquisition process, be meeting with those developers who have options on the land, so that we can coordinate the placement of those easements much earlier in the process, than we did on, for example, the White Trunk. The fourth and final major category award in this engineering contract is project financing. The last rough preliminary cost estimate that I had on this project from Phil was pushing six million dollars, so we, Public Works, were very interested in looking at some financing options. The last time we took the 1-84 study to Council for final approval, I think in June of last year, perhaps, Council gave us direction to look at different financing options as well and that's -- we made a point to include that in this project. The project scope, as shown on the screen and should be included in the Engineering Agreement that you have in your packets -- I can zoom in on that if there are any questions about particular aspects of that project. Shown on the screen, but not in your packets, .is a veiy rough first attempt to schedule both design and construction. We are looking at several different bid packages and phasing of the components of this project. Some of it is fairly easy to get designed and out to bid. The gravity sewer through private property, obviously, will probably be towards the end, one of the last phases that we do. A couple more things to point out before I finish here is that I really want to emphasize -- and I did to Council Member McCandless earlier today. This project is not just going to involve me, Gary and JUB or even just the Public Works Department, it's going to involve Public Meridian City Council Meeting January 28. 2003 Page 6 of 51 Works, the Water Department, the Wastewater Department, the Finance Department, and, hopefully, to some extent, a Council Member or several Council Members when we start looking at Finance Steering Committees or some of the open house programs that we hope to do. We have also hoped that Legal Counsel would be available for periodic meetings when we discuss financing options. This is really a huge project and it's going to take a lot of effort from more than just Public Works staff and me. The one final thing that I would like to point out is that this particular item in the budget, in Ju]y, was estimated at the time at 400,000 dollars. The total amount of this particular contract in front of you is 654,439 dollars. We have added -- the initial estimate that we got was basically a phone call that I made to an engineer in the community, just based on footage of pipe. During the two or three months that Phil, Gary and I have worked on this contract, we have added quite a bit, especially, in the easement acquisition area, the public involvement, and project financing. In addition to the 254,000 additional that we would need on this particular project, there is in your packet, ] think about three or four pages back, a summary of all the commitments for the three sewer line extension budget items. There have been several sewer projects that we did not include in our sewer line budgeting in July of last year. The total amount that these items combine need to be amended by is, at very minimum, 433,000, but to cover any other unforeseen projects that we need to do between now and October 1st, we would probably be]ooking at a budget amendment of 500,000 dollars in the sewer line extension accounts. I have discussed that with the Finance Department and I'm not sure. if Stacy brought that up earlier during Pre-Council in her finance report or not, but she and] seem to be in agreement at least, from a staff level, of what we can do here. I would be happy to answer any questions or if you have any questions for Phil, he's availab]e, too. Corrie: Thank you, Brad. Council, questions? McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: Brad, is the final -- or is that the correct amount of 654,440? Watson: Council Member McCandless, Mayor and Council Members, I believe it is. My figure is one dollar off from the one Phil is pointing at on his contract, but, Yes, it is. De Weerd: In whose favor? Mr. Mayor? Corrie: Mrs, de Weerd. De Weerd: Brad, on the pump -- or the lift station, is that being incorporated with the Black Cat the Ashford Greens pump? Watson: Council Member de Weerd, Mayor and Council Members, this is a separate sewer service area. This would be serving everything to the south of roughly Cherry Meridian City Council Meeting January 28, 2003 Page 7 of 51 Lane. Ultimately there will be another sub regional lift station north of Ustick. We had examined all these various options during that 1-84, Ten Mile Interchange Report. This one turned out to be the most cost effective. I think for constructability reasons it was also chosen, just because if we put a regional lift station, 9,000 GPM lift station north of Ustick where it was originally master planned, we tear up everything south through Turnberry. Through Ashford Greens, through Golfview, everything down through there as we are putting a 36 inch to 42 inch diameter trunk line down the middle of the road. We would be replacing the whole road. JUS did do a cost analysis during that preliminary study, but thafs a long answer to your very simple question, no, we are not doing anything to the Ashford lift station at this time. De Weerd: I just couldn't remember how it was left after the report that's were originally made on those options that you presented. I'm glad to hear that you talked with Council Member McCandless, since I saw she was on your committee. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, could you put that map backup there that you had. Just so I'm clear, basically, the serVice area you said is south of Cherry Lane all the way to the freeway or all the way to Overland? Watson: Council Member Nary, this particular project, what would be designed within this agreement, would take it to 1-84 and no farther south. Nary: Okay. Watson: And that's -- I need to clarify that a little bit. The black lines that you see here are what will actually be designed. We don't quite make it to 1-84, because -- at least with this current contract, until these developers here can give us some guidance on what they want to do with their property, we aren't prepared to go any farther. It takes it to Ten Mile Road just north of 1-84. Nary: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Brad, I thought I remember Gary mentioning last week that we were going to bore under 1-84, This wouldn't be included in this design and those design costs? Watson: Council Member de Weerd, Mayor and Council Members, that is correct. I think the ultimate goal was to do that, but we have no idea what is going to happen down here in this pink area in order to get a contract together and be fair to JUB and Meridian City Council Meeting January 28,2003 Page 8 of 51 make sure that we have -- that we know what we want them to do. It's not included in this existing agreement. Maybe next year, once this developer has a little better idea of what he wants to do, we may be looking at an addendum to this contract to get that taken care of. Another one to point out is up here, this -- this is the Pine Avenue area. Ten Mile Road is here. We have included in this contract at [east surveying and potential design of this spur that comes off this Ten Mile diversion line trunk so that there are a few unknowns this early in the game, but we need to get going with a contract based on what we do know today. One other thing to point out real, real quick is that we probably will, ultimately, be putting water line in these roads, since we are going to completely destroy them anyway, and get that infrastructure in place. The way the contract is set up now, JUB would provide surveying and we probably would be looking at in-house design. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: [s there development just south of that -- that one-foot of Parkside Creek? Are they going to be participating in some of this or are they sewering into another system -- or another line? Watson: Council Member de Weerd, they are using a lift station -- temporary lift station and I don't remember the condition specifically, but I sure thought we had talked about them contributing up front to the Black Cat lift station -- the Black Cat Trunk project. They will, ultimately, come into the spur -- wherever it ultimately ends up, they will come into that. De Weerd: I have no further questions. Corrie: Any questions? All right. Thank you, Brad. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Brad, if I can get the reverse side of the agreement for professional services. It didn't copy the backside unless Mr. Krischbaum is willing to let it go without that reverse side of conditions. Kirschbaum: We can get you a copy. Watson: Mr. Mayor, I didn't point out to begin with, you have an unsigned agreement in your packets. The signed ones just came in after I gave these to the City Clerk's Office. We can certainly get those into the record into your office. Meridian City Council Meeting January 28, 2003 Page 9 of 51 Corrie: Okay. No other questions, I will entertain a motion on the request for the agreement for professional services. McCandless: Mr. Mayor? Corrie: Mrs. McCandless, McCandless: I move that we approve the proposed agreement for the professional services for JUB Engineers for the Black Cat Sewer and Lift Station Project to not to exceed the amount of 554,440 dollars and authorize the Mayor to sign and the City Clerk to attest. Nary: Second, Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, please, Mr. Berg. Roll Call: McCandless; aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: Okay~ Motion is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 5. (Items Moved from Consent Agenda) Watson: Thank you. Corrie: Thank you, Brad. Item Number 5 is a -- there was no items moved from the Consent Agenda. Item 6. Ordinance No. : ZA 02-002 Request to Amend Zoning Ordinance 11-9-2, Supplemental Yard and Height Regulations, to allow architectural encroachments to setbacks in residential developments by Wardle & Associates: Corrie: Therefore, we will move to Item 6, which is an ordinance, Number 03-1001. This is a request to amend Zoning Ordinance 11-9-2, Supplemental Yard, and Height Regulations to allow architectural encroachment to setback residential deve.lopments by Wardle & Associates. At this time I would like to have, the City Clerk read .Ordinance Number 03-1001 by title only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 03-1001, an ordinance of the City of Meridian amending Section 1, Zoning Schedule of bulk and coverage controls in Section 2-D, supplement yaJd and height regulation definitions of Chapter 1 of Title 11, providing for the addition and/or deletion of language pertaining to the architectural encroachment to setbacks in residential developments of the Meridian Meridian City Council Meeling January 28,2003 Page 10 of 51 City Code, providing for conflicts to be repealed, rescinded, and annulled, providing that -- amenity. Thank you. Providing a savings clause and providing an effective date. Corrie: All right. You have heard the reading of Ordinance Number 03-1001 by title only. Is there anyone from the audience that would like to have the ordinance read in its entirety? Hearing none, I will entertain a motion on the ordinance, please. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move the approval of Ordinance Number 03-1001, request to amend Zoning Ordinance 11-9-2, Supplemental Yard and Height Regulations to allow architectural encroachments and setbacks in residential developments and to waive the reading of the rules pursuant to the Idaho rules. McCandless: Second. Corrie: Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, please. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: All ayes. One absent. Motion approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 7. Ordinance No. RZ 02*005 Request for a Rezone of 0.8 acres from L-O to C-G zones for Anael Park Development by Farmers and Merchants State Bank - northwest corner of North Hickory Way and East Fairview Avenue, west of North Eagle Road: Corrie: Item Number 7 is an Ordinance Number 03-1002. This is a request for a rezone of 0.8 acres from L-O to C-G zones for Angel Park Development by Farmers and Merchants State Bank, northwest corner of North Hickory Way and East Fairview Avenue, west of North Eagle Road. At this time I would like to have, the City Clerk read Ordinance Number 03-1002 by title only, Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 03-1002, an Ordinance finding that the owner Farmers and Merchants State Bank of certain real property have made a written request for rezone of the zoning classification for real property that lies within the boundaries of the City of Meridian from L-O, Limited Office District -- Zoning District, to C-G, General Retail and Service Commercial District as defined under Meridian City Code Section .11-7 -2K, repealing all ordinances, resolutions, orders, or parts thereof in conflict herewith, and directing the City Engineer to add said rezoning designation to the official maps of the City of Meridian, Idaho. Meridian City Council Meeling January 28, 2003 Page 11 of 51 Corrie: Okay. You have heard the reading of Ordinance Number 03-1002. Is there anyone that would like to have it read in its entirety? All right. Hearing none, I will entertain a motion on the ordinance. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we have approved Ordinance Number 03-1002, request for a rezone of 0.8 acres from L-O to C-G zones for Angel Park Development by Farmers and Merchants State Bank, northwest corner of North Hickory Way and East Fairview Avenue, with suspension of rules. Nary: Second. Corrie: Motion has been made and seconded to approve Ordinance Number 03-1002 with suspension of rules. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 8. Ordinance No. : AZ 01-018 Request for annexation and zoning of 85.36 acres from RUT to C-C and C-G zones for proposed EI Dorado Subdivision by W.H. Moore Company - southwest corner of East Overland Road and South Eagle Road: Corrie: Item Number 8 is Ordinance Number 03-1003. This is a request for annexation and zoning of 85.36 acres from RUT to C-C and C-G zones for proposed EI Dorado Subdivision by W.H. Moore Company, southwest corner of East Overland Road and South Eagle Road. At this time I would like to have the City clerk read Ordinance Number 03-1003 by title only at this time. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 03-1.003, an Ordinance finding that certain land owned by Kimball Properties, Limited "Partnership, managing partner Winston J. Moore, to be known as EI Dorado Business Campus, located at the southwest corner of East Overland Road and South Eagle Road and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner has made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Community Business District (C-C) and General Retail and Service Commercial District (C-G) and declaring that said land, by proper legal description, described below, be a part of the City of Meridian, County of Ada, State of Idaho, Meridian City Council Meeling January 28, 2003 Page 12 of 51 repealing all ordinances, resolutions, orders, or parts thereof in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada County Recorder, Auditor, Treasurer, and Assessor, and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: Okay. You have heard the reading of Ordinance Number 03-1003 by title only. Is there anyone from the audience that would like to have it read in its entirety? Okay, Hearing none, Council, I will entertain a motion. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve Ordinance Number 03-1003, a request for annexation and zoning of 85.36 acres from RUT to C-C and C-G zones for the proposed EI Dorado Subdivision by W.H. Moore Company, with suspension of rules. Nary: Second,' Corrie: Okay. Motion has been made and seconded to approve Ordinance Number 03- 1003 with suspension of rules. Any fu rther discussion? Roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 9. FP 02-030 Request for Final Plat approval of 54 building lots and 3 other lots on 17.22 acres in an R-4 zone for Sutherland Farm Subdivision No. 1 by Great Sky, Inc. - north of East Victory Road and east of South Eagle Road: Corrie: Item Number 9 is a request for a Final Plat approval of 54 building lots and three other lots on 17.22 acres in an R-4 zone for Sutherland Farms Subd ivision No. 1 by Great Sky, Inc., north of East Victory Road and east of South Eagle Road. Brad, comments? ' . Hawkins-Clark: Thank you, Mayor, Members of the Council. This is the first phase for 'the Final Plat of Sutherland Farms Subdivision. The shaded area there on the right- hand side is the approved Preliminary Plat boundary of the entire project. What they have submitted for Final Plat now is this southern portion that takes access off of Victory Road. Here is a detailed look at the Final Plat that they have submitted. Staff has reviewed it. It is in substantial compliance with the approved Preliminary Plat. We have Meridian City Council Meeling January 28, 2003 Page 13 of 51 submitted a staff report dated January 23rd by Bruce Freckleton and David McKinnon. They are proposing -- as you may recall, an eight-foot fence was approved adjacent to this county lot here on their east boundary to the north and, then, across -- about halfway across, so the rest of it would be on the perimeter the standard six-foot dog- eared cedar fencing. They are proposing a split face CMU block wall here in the Landscape Plan right on Victory Road with the buffer -- landscape buffer lot as shown here and they are proposing that. This phase has about 3.1 dwelling units per acre in terms of its density. I think the only item -- other item to point out on our staff report was that we had started to include on these projects where the Ada County Highway District -- where they are abutting arterials where ACHD is likely not going to purchase the right of way. We have -- we have asked for the developer to designate that future right of way in a common lot. We have included that in our Site-Specific Requirement Number 4 and I think that's alii have to point out on that one. Corrie: Okay. Thank you, Brad. Council, any questions of Brad? De Weerd: [have none. Corrie: Okay. Is the representative from Sutherland Farms here tonight? Would you like to come up' here, we have a couple questions. Do you -- Causlett:Honorable Mayor, City Council, Jim Causlett, JUB. Corrie: Thank you. Do you have any questions or anything to add to the request? Causlett: No, not really. We are pretty much conforming to the Preliminary Plat and the layout and we will go ahead and make a revision to the Final Plat as far as allowing for the extra right of way that will eventually be dedicated to ACHD. We will go ahead and have a landscaped area through there, put our sidewalk and all of that into an easement, so that will take care of that concern. Corrie: Okay. Council, any questions? Okay. Thank you very much. Causlett: Thank you very much. Corrie: Any further discussion? Hearing none, I'll entertain a motion on the request for Final Plat approval. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Final Plat of 54 building lots and three other lots on 17.22 acres in an R-4 zone for Sutherland Farms Subdivision No. 1 and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order: Meridian City Council Meeting January 28, 2003 Page 14 of 51 Nary: Second. Corrie: Motion has been made and seconded to approve the request for Final Plat of Sutherland Farms Subdivision NO.1. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 10. FP 03-001 Request for Final Plat approval of 5 building lots on 6.85 acres in L-O and C-G zones for Mallane Subdivision by The Land Group, Inc. - north of East Fairview Avenue and west of North Eagle Road: Corrie: Item Number 10 is a request for Final Plat approval of five building lots on 6.85 acres in L-O and C-G zones for MaJlane Subdivision by the Land Group, Inc., north of East FairviewAvenue and west of North Eagle Road. Brad, comments? Hawkins-Clark: Yes, Mayor, Members of the Council, thank you. We did submit a request for this item to be tabled until February 4th. We had received detailed civil drawings for just the center portion there on the screen that is currently the Louie's Restaurant. The full plat, as you can see, is five lots, not just the lot that Louie's sits on. In order to give staff adequate time to review more -- the plans that we received late, we requested that. We did also receive a letter from Mr. Russell Hepworth of the Land Group and he stated that he was in agreement for that to be tabled. Corrie: Okay. Hawkins-Clark: Thank you. Corrie: Any further questions from Council? Okay. That being the case, the request, I will entertain a motion on the request to table it. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move we table Item -- Item 10, FP 03-001, the request for Final Plat for the Mallane Subdivision to our February 4th meeting. De Weerd: Second. Meridian City Council Meeting January 28, 2003 Page 15 of 51 Corrie: Motion has been made and seconded to -- the request to table Item Number 10, a Final Plat 03-001, until the February the 4th, 2003, meeting. Further discussion? All those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 11. Continued Public Hearing from December 17, 2002: Comprehensive Plan Text Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan: Corrie: Item Number 11 is a continued Public Hearing from December 17, 2002. It's a Comprehensive Plan text amendment regarding urban service policies in the 2002 Comprehensive Plan. At this time, I will open a continued Public Hearing and invite staff's comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. Staff did submit a memo, dated January 23rd, on this item. You had continued the item at your December 1 ih meeting, essentially, to. allow us time to get this amended policy in front of -- particularly, the Building Contractors Association, Ada County Association of Realtors, as well as a few other private parties for their input. I guess I would seek some direction from the Council tonight as to how you want to -- how you want to proceed. I can highlight some of the draft policy changes that I did include with that memo for you tonight. If you would you, prefer to move on, rather than wait for further input from the private industry groups or probably staff's preference, given that we also have the development there on South Linder Road by Lee Centers, who is -- presented to the Council last week. I believe, on a potential development in the area of impact, but outside the city limits -- these are sort of running tandem through the process here in terms of how the city wants to respond on the request that is likely going to come to us from Ada County Development Services. Assuming that Mr. Centers moves ahead on the project that he presented here last week. How the staff and city would respond to that application, you know, is certainly, in part, tied very much to this policy. Our thought was that the consideration that is going to be given further on this by both the groups and by staff, that it may warrant continuing this again to get further input. As I say, you know, we are prepared to discuss in more detail the specific text amendments that we have included in the memo tonight. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: In light of maximizing our best using our time, I would like the discussion when we have all the feedback and comments from the different entities so I would like to see this continued until we get their responses. Nary: Mr. Mayor? Meridian City Council Meeting January 28, 2003 Page 16 of 51 Corrie: Mr. Nary, Nary: I would also concur. I think there is a lot of good information that you provided, Brad, and I guess I would like to see the response back -- is there an echo? It's not just me, then. I was looking at the dates and I saw in the memo that you had ~repared that the Building Contractors Association Board doesn't meet until February 20t , the realtors meet on January 29th, and looking at the calendar, our next meeting after February 20th is the 25th. That might be a little short to actually get -- at least a written response from the SCA, but it looks like March 4th would be the nearest date after that and we can certainly do it, then, if everyone is fine with that. I guess I would move that we continue this Public Hearing on the Urban Service Policies to our March 4th meeting. McCandless: Second. Corrie: Okay. Motion has been made and seconded. However, we do have a Public Hearing. Is there anyone here that wants to issue testimony at this time? Okay. I will accept the motion. Nary: Cart before the horse. Corrie: I'll accept the motion now. Any other discussion? De Weerd: No. Corrie: Okay. Motion has been made to continue this Public Hearing until the February -- March 4, 2003. Any further discussion? Hearing none, all those in favor of the motion say aye. Okay. All ayes. It will be continued, the Public Hearing, on March the 4th. MOTION CARRIED: THREE AYES, ONE ASSENT Item 12. Continued Public Hearing from January 21, 2003: Amendment to Meridian City Code 11-15-5, Postin~ ReQuirements: Corrie: Item Number 12 is a continued Public Hearing from January 21, 2003, Amendment to the Meridian City Code 11-15-5, Posting Requirements. . At this time, I will open the continued Public Hearing and have staff comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. The City Gouncil did request a few changes to this ordinance that deals with how the city is going to require properties to be posted. It got quite a bit of discussion at your meeting last week and Dave McKinnon from our staff did prepare an Exhibit A -- an Amended Exhibit A that he felt incorporated your changes that you were looking for from the Planning and Zoning Commission. You should have in your packets .the new revised exhibit that includes those. Specifically, the 11 -- Ordinance 11-15-5 is what -- what we are proposing to amend here and there in Paragraph 1 Page of the exhibit. There is an additional to -- ( Meridian City Council Meeting Janual)' 28. 2003 Page 17 of S1 up to an additional 300 feet are the -- has been added to -- as a requirement for the property owners that would also be notified, potentially. Then, if it's justified, the Zoning Administrator would provide a written explanation to the applicant for why an increased noticing standards is required and, certainly, this is tied to the larger impact, more intensity -- heavier intensity subdivisions or commercial developments, et cetera. That was an addition there to the first paragraph. In Paragraph 2-A-1, where it describes that we are looking for a four-by-four plywood and, then, mounted on four-by-four posts. Then, we have added or attached to another staff approved support and I believe that came from Mr. Berg, our clerk, and just as a consideration there for some of the winter months or if there are, you know, other ways to mount those, besides just strictly the four-by-four posts. That basically just gives a little bit more flexibility to staff to work with the developers on what kind of posting materials can be used. Then, on Page 2 of the exhibit, there at the top, number two, we have added the words City of Meridian Public Hearing Notice, just for clarification, and, then, we have also asked for the address and a city contact phone number. Those are -- those are new so those will also be there on each sign and posted clearly. Then, in Paragraph C towards the bottom of Page 2 there, we have added the requirement for a picture of the posting to be submitted with each notarized statement: so that will be submitted to the clerk by the application, so that -- demonstrating that the property has clearly been posted. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess since I was the most persistent person on this particular ordinance, one other thing I did note in there -- and I didn't notice it last week. I noticed it as I reread it, I think we have left open at this point, Brad, that neighborhood meetings were at least optional, unless directed by either the Commission or the Council. What, I guess, I would prefer to see -- and see what the rest of the Council thinks, -- I have no problem if we leave that as optional. I guess what the language in here indicates to me is if they are going to have it, then, I think they have got to give notice. If they are going to opt to have it or they are directed to have it, the language in here still makes the notice to be somewhat gray. It says applicant should attempt to notify -- and invite to the meeting all residents and, I guess, my perspective is if they opt to have it or they are directed to have it, then, they shall notify all the people that are within 300 feet and they are going to notify whatever requirements there are. I think the option to have it is fine, but if they -- but the language, once the ordinance comes back, the language should be reflect that if they -- if the applicant chooses to have it or is directed to have a neighborhood meeting, they shall attempt to notify, so instead of it being a should, it should .be a shall. That way it's clear that once they -- once the decision to have a neighborhood meeting is done, then, they are going to have to do the noticing requirements. That is not optional so that we can clearly -- you know, so that someone doesn't say that, really, all it says is it's an option to have it and it's an option to tell people about it and we don't really want that, so -- Meridian City Council Meeting January 28, 2003 Page 18 of 51 Hawkins-Clark: Just for clarification, then, we would add during the middle of that number three, if a neighborhood meeting is held, applicant shall attempt to notify. I mean shall notify. Nary: Well, I mean they are attempting to notify, because, obviously, they can't guarantee delivery and the like. They are -- but they are directed to get the notice, send it out to them at the 300-foot radius, 300 extra if they are directed to do that, so I mean - - you know, they shall attempt to notify by this process and the process is mailed notice and posting and all that stuff. I just didn't want the actual notice to be optional, just that fact that they are having a meeting at least on the front end it's their option and it may be directed anyway. I don't think that changes it significantly to start over. Everybody else okay with that? McCandless: No problem. Hawkins-Clark: Another item that I did review here just this afternoon that Dave McKinnon, who was here last week, said it didn't sound like it was really discussed, is Paragraph Number 3 on p'age 2. The top paragraph, Number 3, I guess it is, where we say, in lieu of the above conditions, Conditional Use Permit applications for group childcare homes, annexation, and Preliminary Plat applications. I'd like to suggest that maybe we add variance in there as well, so that many of our variance applications are not going to impact -- many of them are -- this is for those that contain less than five acres of land. I think it may warrant that the variance applications are also not required to post in the required four-by-four method. It would be childcare homes, variance, annexation, and Preliminary Plat applications. I just throw that out for discussion by the Council, I guess, and, then, CUP applications are another one that is not addressed. As this is written, every single Conditional Use Permit application would be required to post with this new method. I guess our thinking of staff was that some of those may warrant -- particularly, the ones that are less than three acres in size, you know, that could be argued in some three acres in size Conditional Use Permits could be very impactful to a neighborhood or to an abutting landowner. Conditional Use Permits was another one that we had talked about maybe adding in there for the three acres or less not requiring them. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Is that just -- that's just for the signage requirements? That's not the mailed notice requirement? Hawkins-Clark: That's correct. Nary: Right. It's just to have -- so they can have a smaller sign, not quite so large? Hawkins-Clark: That's correct. Meridian City Council Meeling January 28, 2003 Page 19 of 51 Nary: Okay so, the group childcare homes would still have to send radius notices? Okay. Hawkins-Clark: And they would, actually, still have to post the property. Nary: Right. Hawkins-C[ark: But just with a smaller 11-by-17 -- Nary: Okay, I guess the hard part I would have on the CUP is the ones, I guess, that we see a lot of, are -- and what's on here tonight, is a drive-thru. A lot of -- sometimes those are significantly smaller than three acres, but, yet, it's a commercial site, it may have a lot of impact on abutting neighbors. I don't think it's that onerous to have a large sign, so I guess it's kind of hard to -- I mean, you know. I guess I would rather -- I would rather try to come up with -- not necessarily tonight, but come up with something to allow the staff or the director or someone else to make that judgment, but have some criteria in which to do -that one. It's probably adequate to have smaller signage, like what went into these decisions, rather than just making it a blanket three acres or less, because many' commercial sites are less than -- wel[, not many, but lots of them are less than three acres. They may have a fairly significant impact that signage might be really significantly needed. I guess that's the only thing that would be concerning to me. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would agree with that. I don't know if it's considered a substantial change that it would need to be considered when we take the other changes back through the process to be suggested that. A CUP is really designed for those special and high impact type of applications, [ would agree that those should not be in here, but variances, [ don't see why not. Nary: Yes. I don't have a problem with variances, inclyding that, but I guess I would like a [ittle more discussion about the CUP one and maybe some criteria to allow the staff to make that call, but not as a blanket thing. Corrie: Okay. All right. Since this is a continued Public Hearing, is there j3nyone from the audience that would like to issue testimony at this time? Raise your right hand, please. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? F[uke: It is. Corrie: Name and address, please, for the record. Meridian City Council Meeting January 28,2003 Page 20 of 51 Fluke: Mr. Mayor, Members of the Council, Daren Fluke, JUB Engineers, 250 South Beachwood. This is the first I have heard of this proposed amendment, so I hope my ignorance isn't too glaring. I would just like to throw this out for your consideration. It seems to me -- and I have had this thought for awhile on the various government agencies that I deal with, that it's really the government's responsibility to notify the public of this, If it's in the public interest, and I think what you should do is that the city should actually be posting the site. You can post it however you want, then, we don't have to go through the rigmarole of photographing it and having, you know, a notarized statement that we did it, you can tack on a little bit extra on every application to cover the cost of it and, then, there is no question. We don't get in this problem of continuing hearings, because the site was inadvertently not posted or posted late. Neighbors come up and say that it wasn't posted when it was, but the signs have been removed by somebody or, you know, the wind blew them down or whatever. Many government agencies just do it themselves and pass the cost onto the applicants and I think -- I can't speak for the entire development community, but I know from the consultant's viewpoint, it would make our life easier and it just seems to make more sense to me that the city should be doing those postings, Corrie: Okay. Any questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Yes. I guess maybe I don't really have a question. I just don't think we have the staff to do it. I mean I don't disagree with what you're saying. In Boise I know that's, eventually, what happened, is that they -- they post them for that -- exactly the reason you're saying, although I don't necessarily agree with your statement that it is only our responsibility. I think it's the landowner's responsibility equally, but besides that, I don't think we have the staff. I think, eventually, that probably would be the most reasonable way to do it, we just don't have the ability to do that yet, but -- Fluke: Well, I offer it up for your consideration. Certainly, it's a cost you can pass on. Your application fees are not inordinately large compared to other jurisdictions and so it's really a matter of just doing the numbers and seeing what it costs to do it and building that cost in. Corrie: Okay. Thank you. Is there anyone else from the public that would~ like to issue testimony? Okay. Council, any further discussion? Want to close the he'adng, see what direction you want to -- Nary: Yes. I guess I would move that we close the Public Hearing. McCandless: Second. Meridian City Council Meeting January 28, 2003 Page 21 of 51 Corrie: Motion has been made and seconded to close the Public Hearing. Any further discussion? All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Mayor, I think I -- I can't remember, do we do a motion to have this brought back in the form of an ordinance -- what I would -- I guess I would move that we have this 11-15-5 brought back in the form of an ordinance with the changes only being that in Section 2, Subsection 3. That it also include as -- in the section that begins with Comprehensive Plan amendment application, that it also allow for variances for parcels of land less than three acres in size can be included in that section that, basically, can have a smaller signage. . That in the neighborhood meeting, Section Sub 3, that it indicate that if neighbor meetings are to be held, that the applicant shall attempt to notify and invite to the meeting all residents. Then, so on from there, that once they have opted or been directed to have a neighborhood meeting, they will be obligated to follow the noticing requirements and if Council could return that to us two, three weeks, whatever timing is appropriate. De Weerd: Second. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Councilman Nary, in your motion you said shall attempt to notify and the way I would propose to do it is say send notice to. Nary: Certainly. Nichols: So that it's clear that by either delivering or mailing the notices, they have satisfied that condition. Nary: That's, I think, acceptable. I would include that as part of the motion. :.' De Weerd: I would agree. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Meridian City Council Meeting January 28, 2003 Page 22 of 51 Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 13. Public Hearing: CUP 02-043 Request for a Conditional Use Permit for a Planned Development for drive-thru facilities on pre-approved bank in a C- C zone on 0.89 acres for Albertson's Employees' Federal Credit Union by Albertson's Employees' Federal Credit Union - south of East Overland Road and east of South Eagle Road: Corrie: Item Number 13 is a Public Hearing. This is a request for a Conditional Use Permit for a planned development for drive-thru facilities on a pre-approved bank in a C- C zone on 0.89 acres for an Albertson's Employees' Federal Credit Union by Albertson's Employees' Federal Credit Union, south of East Overland Road and east of South Eagle Road. At this time, I will open the Public Hearing on this request for a Conditional Use Permit and invite staff's comments first. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. Before I give the staff report, I waswondering if we could get confirmation from the Clerk that, we did have these notices that were resent -- at the Planning and Zoning Commission Hearing. There was, I think, about four or five properties that were not notified on the north side of Overland here and I believe that the new mailing was sent to the corrected list. We did prepare a corrected list that our department forwarded to the clerk. I just wanted to make sure that that was done. Assuming that it was, the Planning and Zoning Commission did recommend approval of the Conditional Use Permit. It's this northwest corner of Silverstone Subdivision is the lot that we are talking about. It is zoned C-C. The proposal is to construct a credit union. The Conditional Use Permit was required due to the drive-thru. The site plan is here on the left-hand side of the screen. The traffic movement would move around here on the north side and down. There are three drive-thru tellers and, then, there is a through lane here on the west boundary. The main entrance is here on the -- sort of center of the lot. The elevations are here. On the right-hand side -- there was a -- there was a modification -- a slight modification that was made to bring down some of the wainscoting here on the elevation to make it -- to drop it down to about three-foot in height. The conditions that staff recommended there are included in the recommendation to you from Planning and Zoning Commission. There are just a couple of modifications that we asked for on their Landscape Plan and I believe the applicant is in agreement with those changes. Otherwiss', they have changed to their stalls -- their parking stalls are reflective by our 9-by-19 standards. The first plan that came through they had smaller stalls. They did change those and this plan that is here on the screen that you have in your packets is correct, so -- so, staff, 'Planning, and Zoning Commission do recommend approval with the conditions that you have. Meridian City Council Meeting January 28, 2003 Page 23 of 51 Corrie: Thank you, Brad. Council, any questions? Okay. Is the representative for the Albertson's Employees' Credit Union -- is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Huse: It is. Corrie: Thank you. Name and address, please. Huse: Casey Huse, representing Lombard-Conrad Architects, Albertson's Employees' Federal Credit Union, 1231 Shoreline Lane, Boise, Idaho. Mayor and Council, we agree to the conditions as presented by the Planning and Zoning Commission and have planned for the compliance. I have spoken with a representative of the finance company, who is the landowner of record and they own that subdivision, that business park subdivision where one of the addresses that was -- received the new notice, so that has been mailed out. I confirmed that with them earlier this week. Beyond that, everything is in compliance and we have no concern. Corrie: Questions, CounCil? Okay. Thank you. Anyone else from the public like to issue testimony? Okay. Hearing none-- Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Brad, if I could get the date of that latest plan, make sure that I have got it reflected in my notes. Hawkins-Clark: Thank you, Mr. Mayor. Mr. Nichols, the plan is received stamped by the City Clerk's office January 17 and dated the same. Well, I'm sorry, it is, actually, dated January 17, '02, on the plan itself. I think that should be '03. Corrie: Okay. Council, do you have any other questions on the Public Hearing? I'll entertain a motion to close the Public Hearing. De Weerd: So moved. Nary: Second. Corrie: Motion has been made and seconded to close the Public Hearing on Albertson's Employees' Federal Credit Union request for a Conditional Use Permit. All those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Further discussion? Meridian City Council Meeting January 28, 2003 Page 24 of 51 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd; I move we approve the request for CUP 02-043, request for Conditional Use Permit for a Planned Unit Development -- or, sorry, a Planned Development for drive- thru facilities on a pre-approved bank in a C-C zone on .89 acres for Albertson's Employees' Federal Credit Union. Ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie; Motion has been made and seconded to approve the request for Conditional Use Permit. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: Okay. All ayes. Motion is carried, approve the request for a Conditional Use Permit. MOTION CARRIED: THREE AYES, ONE ABSENT Item 14. Public Hearing: CUP 02-042 Request for a Conditional Use Permit for a drive-thru window for a coffee and ice cream shop in a C-N zone in the Linder Crossinq retail center by Stubblefield Development Company - southeast corner of West Cherry Lane and North Linder Road: Corrie: Item Number 14 is a Public Hearing. This is a request for a Conditional Use Permit for a drive-thru window for a coffee and ice cream shop in a C-N zone in the Linder Crossing retail center by Stubblefield Development Corporation, southeast corner of West Cherry Lane and North Linder Road. At this time, I will open the Public Hearing and invite staff's comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. The request before you is for another drive-thru facility here at the southeast corner of Cherry and Linder Road. If you have driven out there, you have seen that there is -- here is an aerial" shot, but here is a site photo of the building that is under construction. It's a 14,880 square foot multi- tenant building that was approved through the standard certificate of zoning compliance process at staff level. This building itself did not come through Planning a'nd Zoning Commission or City Council, but they are required to for the drive-thru. This shot is looking from Cherry south and this is the east end of the building. They have already constructed a window. They do have a drive-thru lane that's constructed here with the six-inch median there. There is an existing CMU block wall that is along the entire south side of this parcel. There is approximately 100 feet, just FYI, looking at this photo from the window to the nearest residential house. Here is a copy of the site plan, generally, as it's constructed on site. Again, we are talking about this east end of the Meridian City Council Meeting January 28, 2003 Page 25 of 51 building. Here is Cherry Lane on the top of the slide and there is stacking here on the right-hand side that you can see where they are proposing for the lane to be. The Planning and Zoning Commission did suggest -- make several recommendations to the Council and those are listed there on Page 2 of the recommendations. One of those is that they recommend that directional signage be provided for the drive-thru at the Cherry Lane entrance that directs traffic around the building to enter the drive-thru appropriately. Certainly, an argument could be made that the drive-thru is more appropriate at this other end to accommodate the Linder traffic and allow some of the other traffic off of Cherry to come in. ACHD did not grant an access on Cherry, except for this single point here on their east boundary, but there is just other elements of the way that this building is situated it doesn't allow the traffic movement to work on that end, so that's why they proposed it down here on the east so, directional signage would be added. They also recommended that the drive-thru speakers not exceed 55 decibels as measured here at the property line and the city does, in terms of -- if you're wondering about enforcement of that, there is the capacity to go out and actually, you know, take a reading on site, should it come to that point. They have made a special recommendation to the applicant to attempt to find a directional speaker, which would gear the sound targeted 'more directly to the east and help to reduce some of the southern -- southern sound influence. Signage shall be added near the southeast corner of the building as well, requesting that the neighbors -- or requesting that patrons be courteous to the neighbors, so that would an additional sign that would be put kind of right here in this area where the -- where the speaker is for the orders off the menu board. For additional buffering, they did recommend that evergreen trees, rather than deciduous trees, be placed here in this southeast corner of the buffer, as well as one additional tree next to the trash enclosure. Also, we had some concerns about stacking depth. As shown here, there are just three cars that would stack. Typically, we like to see, you know, at least a stacking depth of five, so we have recommended that this parking space here be eliminated and the planter extended, so that should traffic -- the stacking back up, it gives a little bit more freedom there. Our other conditions that are in the recommendation are fairly common. There was limitation on the hours of operation from 6:00 a.m. to 10:00 p.m., Sunday through Thursday, and 6:00 a.m. to 11 :00 p.m. on Fridays and Saturdays. With that, I will stand for any questions. Corrie: Council, any questions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Brad, just with the elimination of the one parking spot, they will still have a sufficient number of parking? Hawkins-Clark: Yes, they will. They are over-parked as it's currently shown. De Weerd: Okay. Meridian City Council Meeting January 28, 2003 Page 26 of 51 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, I heard you say that the distance from the window to -- was it the house or the fence was the 1 DO-foot amount? Hawkins-Clark: I believe it was to the house itself. Nary: The house itself? From the edge of the building, though, where that stacking depth is three cars or possibly four, how far back was that window -- how far is the edge of the building where cars are going to be -- it looked like another 30 feet, maybe so they are about 30 feet closer? Hawkins-Clark: Right. Well, the landscape buffer is 20 itself and, then, you have a drive aisle that is 25 feet, so it's 45 feet there, and, then, you know, an average depth of a stall is 18 to 19, so, you know, up to the corner you're looking at a little over 60 -- a little above 60 feet. So -- and, of course, it's impossible for us to tell in reviewing these plans on what, at this point, you know, the stacking will be and, certainly, it's not out of the question that there would be cars idling here in the drive aisle, but the window itself is here on the north end. Nary: Do you have any idea distance wise if that's the same or more as the -- where the Shell station is, Hark's Corner, is that -- that drive-thru drive aisle is on the rear of the building adjacent to residential, so similar to this. Do you have any idea if it -- it seems like that's about the same distance in my mind, but I don't know that? Do you know? Hawkins-Clark: I'm sorry, I don't know off the top of my head. I mean it's reasonably close. The buffer distance would be the same. I believe they did have a one-foot taller block wall with Linder and possibly two-foot. They had an extra tall sound wall behind -- behind Mr. Hess's project -- Van Hess's project. Nary: It seemed like it's about the same distance. I was just curious. Thank you. Corrie: Any other questions? Okay. Applicant? I know they are here tonight. If you would like to come up and say a few words and answer a couple questions.. Is the testimony you are about to give the truth, the whole truth, and nothing but.,the truth, so help you God? . Stubblefield: It is. Corrie: Name and address, please. Stubblefield: My name is John Stubblefield, 641 Franklin, Meridian. Mr. Mayor, Ladies, and Gentlemen of the Council, we would -- we concur with all of the Planning and Meridian City Council Meeting January 28, 2003 Page 27 of 51 Zoning recommendations and support them. We would, however, ask your reconsideration on Item Number 5. Okay? Now, I apologize to Brad Hawkins-Clark, because I have not discussed this with him. I think it was something called the Super Bowl that's gotten in the way of my -- getting all my work done. We support the elimination of the parking space. We are over parked. I think we are required to have 75 or 78 spaces and I think we have 102 so we are well over parked on the thing. We weren't required to put the block wall at the back and we have gone ahead and put the block wall. On the back of the building itself, you know, we weren't required to raise a parapet wall, but we have got ahead and done that in consideration of the neighborhood, because we -- you know, we support this neighborhood. I mean we build houses. They are our neighbors. What I would simply request is rather than extending the landscaped area into that parking area, we are happy to eliminate it. I'd like to block it out, put a no parking stall, we support the extra stacking for cars that go in there, it's just -- very simply, if I'm required to extend the landscape buffer area, that means I have to go in there and saw cut out the asphalt that's already there and extend the landscape area over. If it's possible for us to -- I think we can accomplish the same thing by blocking out the space -- do you all see where I'm talking about? You know, we can go in there, I can block that Qut, I can put a no parking and we can accomplish the same thing with just -- without saw cutting and all of that. Other than that, we support Planning and Zoning recommendations. We are happy to put in the extra trees on the south and I think that's it. Corrie: Okay. Stubblefield: Thank you. Corrie: Questions of John? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Stubblefield, so, basically, what you want to do -- where that space was is simply just paint it, so it's not -- about right here? Stubblefield: That's right. Just paint it. I'd recommend -- you know, you have seen loading zones -- Nary: Sure. Stubblefield: We can stripe it. We can put a no parking space there, we can totally, -- we can accomplish the same thing without going in and saw cutting the asphalt out and extending the landscape. Nary: What about even just blocking it off? I mean -- Meridian City Council Meeting January 28, 2003 Page 28 of 51 Stubblefield: I would be -- Nary: An above-ground planter, not necessarily -- Stubblefield: I have even thought about that. Nary: Something like that. Because I thought that's what their intent was, so it wasn't -- so it wasn't going to be used and I don't know if painting might be enough, but even just a planter that went across that. Is that -- Stubblefield: We are supportive of the intent. Nary: Okay. Now, Brad, was that -- is that what the intent was? That's what it appeared to be. The Planning and Zoning Commission just didn't want someone parking in there, employee parking, or something and just painting it might not be enough, but does it matter whether they put a planter there or, you know, redo the whole corner? Corrie: Concrete barrier right there. De Weerd: A curbing. Stubblefield: We could extend the curbing around. Hawkins-Clark: You know, it's -- I think whatever accomplishes the goal of not trapping somebody who might have parked there and they have four or five cars that are backed up and they can't get out. I guess I wouldn't -- I'd recommend maybe the curbing or the -- you know, the heavy planter idea, rather than just the striped -- Stubblefield: We support that. Corrie: We don't want to see any road rage. Any other questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And, Mr. Stubblefield, I noticed in here that they had limited it to this ....- this type of use for the drive-thru, coffee and ice cream or something like that and that' was no problem not having a food outlet or anything like that? Stubblefield: No and I support the concept that if we change the use, if it becomes a heavier use, that we come back in front of you to discuss it. Nary: Okay. Meridian City Council Meeting January 28, 2003 Page 29 of 51 Corrie: Thank you, John. Is there anyone else from the public that would like to issue testimony? Okay. Thank you. Council, questions in the Public Hearing? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we close the Public Hearing. McCandless: Second. Corrie: Motion has been made and seconded to close the Public Hearing on Item Number CUP 02-042, Conditional Use Permit for Linder Crossing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Any further discussion? Okay. Hearing none, If II entertain a motion on the request. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve CUP 02-042, request for a Conditional Use Permit for a drive-thru window for a coffee and ice cream shop in a C-N zone in the Linder Crossing retail center. To include, in Item Number 5, that the parking space shall be blocked off with either a concrete curbing or landscape concrete planter and to ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. Corrie: Motion has been made and seconded for approval of the request for a Conditional Use Permit. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: Okay. Motion to approve is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 15. Public Hearing: CUP 02-044 Request for a Conditional Use Permit for a sports bar and grill in a C-G zone for MuggsV's Bar & Grill by Michael McGuinness - south of East Fairview Avenue, east of North Locust Grove Road on East Wilson Lane: Meridian City Council Meeting January 28,2003 Page 30 of 51 Corrie: Item Number 15 is a Public Hearing, a request for a Conditional Use Permit for a sports bar and grill in a C-G zone for Muggsy's Bar and Grill by Michael McGuinness, south of East Fairview Avenue, east of North Locust Grove Road, on East Wilson Lane. I will open the Public Hearing and invite staff comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. The subject lot is outlined on the screen here. Wilson Lane abuts the south side of the property. Locust Grove Road is here. The existing Eddy's Bakery is on this lot immediately to the west. Hollywood Video and Wingers are north. The property is annexed, It's zoned C-G. It does allow for the -- the proposed sports bar and grill with the Conditional Use, so that is the reason for the Conditional Use Permit here. The Planning and Zoning Commission did review and recommend approval of it. The aerial photo is here. The Council, as you may recall, did have some discussion on this same lot a few months ago. There was a sign variance request. There has been some difficulty in the lot sale, as I understand it, because of some visibility problems. There is some visibility diagonally here from the intersection of Fairview and Locust Grove and, then, as you can see some through the -- between Hollywood Video and Wingers there is some visibility here. Just keep' that in mind and I will show you the elevations here in a minute. Here is the site looking east from Locust Grove Road and, then, looking south - - south from Fairview. There is the real estate sign there looking through the parking lot that's currentiy built. The site plan -- they have proposed the building basically to have a north~south orientation. They do have a landscape buffer on Wilson Lane. They have the single point of access into the property here on the east. D&B Supply is over here and they have a -- sort of a rear access off of Wilson Lane here on this boundary, so the applicant is proposing to add some landscaping here on that boundary. The elevation there that would face Fairview is on the top of the screen and, then, the entrance coming in off of the parking lot is here in the middle that they have, so this would be facing east. The Planning and Zoning Commission more or less adopted staffs recommended conditions. The lighting and signage is all standard requirements there. They will have to obtain a Certificate of Zoning Compliance through the department before construction, but other than that, the parking standards, and other layout does meet the city ordinance. They have got -- they have got an access road here on the north. They are proposing to leave a crushed rock material here on the backside of the building between them and Eddy's Bakery. The landsc9pe ordinance doesn't require any landscape buffers between two commercial properties that abut each other. The Commission agreed with the proposal to allow just the sort of crushed rock back here as a separation and sort of drainage area. I think that's all I have to point out .on that a ppl ication. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Brad, on the crushed rock, does the landscape ordinance allow crushed rock? Meridian City Council Meeting January 28, 2003 Page 31 of 51 Hawkins-Clark: We do not allow it in required landscape areas, but this is not one of those. This is simply an area that is within -- you know, on the property that is not adjacent to a right of way, It's in between two commercial buildings. The landscape ordinance is silent on this particular arrangement. De Weerd: But that area would be for drainage and not for driving over or any -- Hawkins-Clark: That's correct. That's correct and certainly -- I mean as a Conditional Use Permit, should the Council desire, I mean landscaping can be discussed. As an ordinance, we cannot require it at the staff level, but since it's a Conditional Use Permit, that's there for discussion. De Weerd: Is it designed as a drainage area, though? Hawkins-Clark: Just to check the plans. I believe it is. Councilwoman de Weerd, I guess the plan actually doesn't -- I don't have a civil drawing and it doesn't -- it doesn't say on the site plan drainage, but they don't -- I don't believe that they are using the swales and -- just consult with Public Works here. Possibly, we could just get that from the applicant, see what their intent is for that, but the site plan submitted doesn't call out where their drainage swales will be or their run off treatment. De Weerd: Okay. Thanks, Brad. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, on the other side -- on the Eddy's Bakery side, what's up to the property line there? Is it grass? Hawkins-Clark: No. I believe that is just the end of Eddy's building with -- De Weerd: With asphalt. Hawkins-Clark: With asphalt. Yes. Well, you can kind of see from the aerial photo here Eddy's Bakery parking lot is here. Actually, it does not appear to be asphalt here on the south end of Eddy's. They do have an asphalt drive, you know, right along their south boundary, but -- Nary: Thank you. Corrie: Okay, This is a Public Hearing. Is the applicant here this evening? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? McGuinness: Yes, it is, Mr. Mayor. Meridian City Council Meeting January 28, 2003 Page 32 of 51 Corrie: Name and address, please. McGuinness: Mike McGuinness, 3872 Bunchberry Way, Boise, Idaho. Hopefully, I have found a place that will be all right. Well, hopefully, I have found a place that will suit the City Council this time. I have changed the name. I have added a kitchen. Not within 300 feet of a church. As far as the dancers go, I know this is always an issue, the -- Chapter 10 of the city code -- the only way you can have dancers in a nightclub is to be in an industrial area with a Conditional Use Permit. I'm not in an industrial area and I haven't sought a Conditional Use Permit, so I don't have any intention to do so and that's all I have to say at this time. Corrie: You don't want to just serve Coke, either, do you? McGuinness: I don't want to just serve Coke, no. Corrie: Okay and you agree to other -- what the Planning and Zoning did? McGuinness: Yes. Yes and you asked about Eddis Bakery -- and that's just grown up brush that abuts up to that property line. . It's nothing that they manage or they do anything with. Corrie: Okay. Any questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. McGuinness, I really appreciate you bringing back this application in this form. I think you have done a whole lot to make it a much more attractive project for the city and I appreciate you doing that. I am concerned about -- I'm bothered that Eddy's Bakery only has a dirt lot next to them. That doesn't necessarily mean that I really want to have another dirt lot on your side of the building or your side of the property line either. I'm concerned about not just the fact that it would -- it may get used for parking and driving on if it's dirt, but also the -- that dust. The dirt ends up on the street, it ends up blowing in the air, it ends up being more of a problem and I guess that -- I'm concerned as to why just having crushed rock there, other than the expense, is a better look for this restaurant bar. McGuinness: I -- you know, I had nothing to do with that. That was the architect's design. I just had him draw something up and that's what he threw in there. I don't-- Nary: But now it's your building and I know it's your money. I'm just -- I'm just bothered of having that look of -- having what sounds to me like a pretty nice facility and, then, the most visible part of the public passing by that has -- I don't know, a 25-foot wide dirt strip next to this building that is here. Part of it may abut a parking lot of Eddy's and part Meridian City Council Meeting January 28, 2003 Page 33 of 51 of it may abut this sort of open space on the Eddy's side of the property line. I'm just concerned of perpetuating this problem that we have of having dirt lots and vacancies and keeping down weeds and keeping down the look of them and I guess I'm just a little bit bothered and concerned about having it look like that. I mean don't you think that's going to detract from your business having just this rock pile next to it? McGuinness: Well, what do you suggest? I mean I'm open for suggestions, whatever-- Nary: Trees. Grass. Maybe -- something. I mean some sort of landscaping. It doesn't have to be extensive, but I'm just concerned of just having a pile of rock next to your building isn't going to look very good and it isn't really drainage, so it's not really designed that way. McGuinness: Well, I'll tell you what, I'll make a deal with you, you approve it and I'll put in there whatever your heart desires. Nary: Oh, whatever we desire. Well, that's a whole lot better. I like that. It's too skinny for a city hall. I don't think'we can get that in there, so --I mean I guess that's alii would say, is I just think -- McGuinness: We can landscape it. Nary: Landscaping, grass, trees, something like that, that would, again, provide a much better visual look, get the dirt and rocks of that area, and provide not only an enhancement to your property, you know, again, I think it makes the whole area look better and, again, it wouldn't have a whole lot of dirt and such in the street. McGuinness: Sure. Corrie: If you have no objections, you can make it a condition to put it in there and be on the record and they can go with it. Any other questions? Okay. Thank you. McGuinness: Thank you. Corrie: Any other people or persons like to add testimony in this case? Okay. Hearing none, Council, pleasure on the Public Hearing. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Now that Councilman Nary took up my issue, I will propose we close the Public Hearing. McCandless: Second. Meridian City Council Meeting January 28, 2003 Page 34 of 51 Nary: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing. All in favor say aye. All ayes, Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Discussion? Hearing none, I will entertain a motion, then, for the request for the Conditional Use Permit. Nary: Mr. Mayor, I move the approval of CUP 02-044, the request for a Conditional Use Permit for a sports bar and grill in a C-G zone for Muggsy's Bar and Grill by Michael McGuinness, south of East Fairview Avenue, east of North Locust Grove, on East Wilson Lane. Pursuant to all staff comments and to also include as Site-Specific Requirements Number -- I guess 12, that a landscape buffer be placed on the -- a Landscape Plan and buffer be presented to the Planning and Zoning staff for the west side of the building along the property line adjacent to the property -- or I guess to the adjacent property. To "indude trees and landscaping, I guess, to the satisfaction of the Planning and Zoning Department. Is that enough, Brad? McCandless: Second. Nary: And also, I guess, just to echo -- and so that people don't think that, we weren't paying attention to this particular project, because the name is different. Mr. McGuinness did indicate on the record that this is not in an industrial zone. It is not an area that's allowed for dancing, he's not wanting that to be a dance -- type of club dance entertainment type of club and just wanted to make sure that was clear also in the public record, so -- and that our attorney draw up Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second again. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none, Mr. Berg, roll call vote, please. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: All ayes. Motion to approve the Conditional Use Permit is approved. MOTION CARRIED: THREE AYES, ONE ABSENT "Item 16. Public Hearing: AZ 02-026 Request for annexation and zoning of 35.94 acres from RUT to R-8 zones for proposed Burnev Glen Subdivision by Properties West, Inc, - east of North Meridian Road and north of East Ustick Road: Meridian City Council Meeting January 28, 2003 Page 35 of 51 Item 17. Public Hearing: PP 02-025 Request for Preliminary Plat approval of 119 building lots and 12 other lots on 35.94 acres in a proposed R-8 zone for proposed Burney Glen Subdivision by Properties West, Inc. - east of North Meridian Road and north of East Ustick Road: Item 18. Public Hearing: VAR 03-001 Request for a Variance to allow two block lengths to exceed the 1,OOO-foot maximum block length for proposed Burney Glen Subdivision by Properties West, Inc. - east of North Meridian Road and north of East Ustick Road: Corrie: Item Numbers 16, 17, and 18 are all Public Hearings on Burney Glen Subdivision. First is a request for annexation and zoning of 35.94 acres from an RUT to an R-B zone for proposed Burney Glen Subdivision by Properties West, Inc., east of North Meridian Road and north of East Ustick Road. Then, we also have a Public Hearing, request for the Preliminary Plat for 119 building lots and 12 other lots on 35.94 acres in an R-B zone. Request for a variance to allow two block lengths to exceed the 1,OOO-foot maximum bock length for proposed Burney Glen Subdivision. With Council's approval, I will open all three Public Hearings and we can combine all your testimony to all three of them if you like and, then, we will vote separately at the conclusion so, hearing no oqjections -- Nary: No. Corrie: I will open the Public Hearings on Items 16, 17, and 18, and invite staff's comments first. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. The subdivision before you is outlined on the screen. It's immediately north of what Council approved as Sundance Place Subdivision. Heritage Commons Subdivision is touching the southeast corner and that has been annexed into the city with an R-8 zone. Cedar Springs is immediately across Meridian Road. McMillan is approximately a half-mile to the north. The subdivision is 34 -- 35.9 acres and they are asking for annexation from RUT to the city's R-B zoning. The R-8 zone does comply with the Comprehensive Plan that requires medium density residential in this area. On Item Number 17, the Preliminary Plat, the subdivision is proposed to be in two phases. This line that runs north south is the phase line for the subdivision. They are proposing 51 lots in their first phase and, then, the balance of the lots, 117 total, would be constructed in phase two here on the east end of their project. There are a few other Jots that are not buildable within the subdivision. Those include two other lots, a 1.28-acre, and a 2.05-acre open space park drainage lot that is centralized here in the subdivision. They are proposing a roundabout in Phase 1 and the roundabout does have two lots that are here on the 'north side. The applicant did agree to extending this landscape buffer on this lot here to the northwest of the roundabout, so that the access for this house would have to be taken off of Donovan Way here on the -- to the other side. The Lot Number 2 has some frontage problems that really didn't allow, you know, that kind of landscape buffer barrier to be there, so that was a discussion that was held at Planning and Zoning Commission. Meridian City Council Meeting January 28, 2003 Page 36 of 51 This plat, just for the record, is dated received December 20th, stamped by the City Clerk's Office and is revised from what was originally submitted with the application. The -- Item Number 18 has to do with block lengths. We do have a maximum 1,000 feet and in this case, the Havasu Creek Subdivision was recommended for approval by Council last month, a couple months ago, and that abuts the property to the north and east and they did not provide stub streets that would work with this subdivision in terms of preventing the block length, There really is no option for Burney Glen Subdivision, other than to, you know, construct the stub streets in the locations that Havasu Creek was already approved at, so staff's recommending approval of the block length for that reason. I think -- a couple other design items to point out. The Commission did ask for a micropath to be constructed so that residents could have better access into this open space lot -- open space areas, so they have added a mid block micro path here and they have added a mid block micropath here on the south or north side, get better access into that area. We have asked that a temporary turn around at the north end of Donovan Way, which, again, is in phase one here, it's their stub street to the north, that a temporary turn around be required there, so they would have to designate one of these two lots for that turn around. Another option that was given was to secure permission from the property owner to the north to construct a bulb that would give emergency services the adequate turn around they need there. They have both options to either do their turn arounds on site or to secure access there and, certainly that would be something we would look at during the signature of the plat. I think those are the main highlights for staff to point out, so I will leave it to the applicant. Corrie: Thank you, Brad. Questions from Council? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: So, Brad, is this the only spot where the lot length exceeds the 1,000-foot, in between that, and -- is that the stub street, J assume? Hawkins-Clark: That's correct. Nary: And so -- and at this juncture what you're saying is that the reason the staff is in favor of it is because there is no other way of designing this, except for this long straight piece? Hawkins-Clark: We preferred to see the stub on the east, you know, in association with the roundabout here. This location is -- Nary: That one is fixed. Hawkins-Clark: -- predetermined. Nary: That's already there. Meridian City Council Meeting January 28, 2003 Page 37 of 51 Hawkins-Clark: Right. Yes. I guess you're right. There probably is -- there is an opportunity to avoid that one. There are two block lengths. This is -- the second block is around phase two here, beginning from this stub street all the way around to the stub here on the south. That's the second one. Nary: And I know we have previously addressed this, I guess, and expressed some concern. I know there is some discussion and work being done on this type of block issue. I know we have had that conversation before, but this is a straight shot, I guess - - I guess this is -- I guess I'm not sure that's the only way to design this. This is just green space or is this drainage or both? Hawkins-Clark: 80th. Nary: And I didn't notice in the material that they were planning on doing any other type of recreational amenity in this particular location, other than green space? Hawkins-Clark: That's correct, Councilman Nary. It's not proposed as a planned development, so we don't have two amenities required. Nary: Okay. Thank you. Corrie: Any other questions? Is the applicant or their representative here? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Fluke: It is. Corrie: Name and address, please. Fluke: Mr. Mayor, Members of the Council, thank you. Daren Fluke, JUB Engineers, 250 South Beachwood in Boise, representing the applicant in this matter. I don't have a whole lot more to add to what staff's told you. We believe we have designed an attractive development. The P&Z liked the layout, liked the way -- the configuration of the open space and just the way the plan overall fit on a somewhat difficult piece of property to layout, rather narrow and long, and it presents some design "challenges for us. As was noted, this stub street is fixed by Sundance Place Subdivision to the south. This stub street is fixed by Havasu to the north and so we don't have any other options along this block length. The reason we left this the way we did, rathertharj. shifting it over, that block is only 1,250 feet long. I think, and it would have significantly impacted the way we were able to do the open space if we were to try to put another cul-de-sac in. The client and as well as the Planning and Zoning Commission really liked this roundabout feature and liked its location within the project and so that's why we determined to ask for a variance at that location. It really doesn't make any significant -- it doesn't make the project significantly better to simply move this over a couple hundred feet so, that was the thinking there. As far as the open space goes, we will Meridian City Council Meeting January 28, 2003 Page 38 of 51 accommodate drainage in here, but this will be useful green space for the residents, all the residents in the project. It is -- we are far -- we do exceed -- far exceed that five percent open space requirement for plats and I'd just point out that we also have the large regional park about less than a half-mile away from this project. With that, I would simply ask for your approval and I would take any questions that you might have. Corrie: Okay. Council? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: In trying to look at some creative alternatives -- because I agree with what you're saying, Mr. Fluke, I mean you have a large regional park across the street and, you know, a half a mile away or less. But was there any discussion and thought of trying to create some sort of path system through -- with the two subdivisions so that people could not necessarily have to drive their car across the street to use the park as a pathway system or something else more creative than just the green space? Fluke: You me'an as far as leaving the project? Nary: Right. I guess what I'm asking is in trying to find something creative, rather than just having blank green space, was there any thought or discussion as to try and create something else? A path system through there, a pathway through the other subdivision, so that your people who live in this subdivision have -- can get to the park without necessarily having to drive their car across the street, but can walk through some walking paths or something else to get them there. Fluke: I understand, We were -- we were significantly constrained by what came before us, as -- you know, particularly with regard to paths. We did, of course, connect to the stubs that were previously approved and we don't have much more opportunity than that for a path system. Within our own particular development, the thinking was that this made a lot more sense than trying to provide a walking path around the perimeter of the property or something like that, whicn is a real design headache, particularly if your neighbors haven't done the same thing, which they have not. For us to put a -- you know, any kind of internal path system here, other than, you know, what leads to the park, was difficult, if not impossible, given what went on around us. ,So, no, we didn't -- we didn't explore the path system much beyond that. ' People will be able to access Sundance Park to the south and, then, Sundance Place to the south', of that, to get a ways -- you know, to get down contiguous to the park. They will have to cross Meridian Road at some point. Also point out that Cedar Springs Subdivision is just 'across the street and south of this and so crossing McMillan, you will be able to connect directly to the park from the Cedar Springs development. Nary: I didn't notice in looking at the application a lot of variety in housing sizes or lot sizes in this, but maybe -- and, again, I'm looking at a fairly small map, but would you Meridian City Council Meeting January 28, 2003 Page 39 of 51 point out some of the variety of housing sizes or lot sizes that we are looking at? It appears to me that the lots that are -- the access off of Meridian Road are slightly larger than -- appears to me about 90 percent appear to be about the same. Fluke: Yes. I'm not sure what the breakdown is on lot sizes as far as, you know, percentages. What we design typically runs between about 7,000 square feet at the low end and, you know, 12 to 14,000 square feet at the upper end. The development does consist of all single-family dwellings. There is no provision for multi-family dwellings and that was the call that the client made based on the market conditions and what had been approved around this development. Sundance Place to the south of us is targeting the market that would be just a notch or two below what this development is trying to accommodate and our smaller lots do pretty much back up to theirs there on the south. These are all in the neighborhood of about 7,000 square feet. They get a little bit bigger here, a little bit deeper. The smaller lots are in this area and they trend a little bit bigger here around the park. These are nicer lots here and these lots are also a little bit bigger, more in the B,OOO-foot range on this perimeter here. Nary: So, are those lots there on the southern boundary line, are they similar to the size lots on the Sundance side? Fluke: Similar, but a little bit larger. I think Sundance was running in that 6,000 square foot range. Does that sound right? Hawkins-Clark: I think they were more around the seven -- seven and above. Fluke: Where they? Okay so we are going to match up pretty well, then, with what they have. Nary: And on the northern boundary, it's not developed at this time correct? Fluke: It's not developed -- that's correct. Nary: Havasu Creek is more on the -- Fluke: From this point east. Yes. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Will you have any amenity in your green space or is it just going to be -drainage and green? Fluke: It will be usable park space. I think this dimension across here is about 100 feet, so these are pretty good size park-type lots they are not small little odd lots. Meridian City Council Meeting January 28, 2003 Page 40 of 51 De Weerd: I like the lineal park. It's a nice big open space but will you have any play area designated? Fluke: You know we haven't discussed that. The client is here. He his indicating no. The clients indicating he would be happy to talk about the market that they are trying to shoot for here, if you'd like to hear that discussion. Thank you. Corrie: Thank you. Anyone else from the public 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? Barnes: Yes, sir. Corrie: Name and address, please. Barnes: John Barnes, 1034 Justin Place, Meridian, Idaho. Chairman and -- or Mayor and City Council, what we are trying to do here is to the move-up market in Meridian. As you know, some of you' that have been here a long time, I did the 280 lot subdivision on Locust Grove called Hunter Point and our market was -- that was back from about '92 to '96 anq those houses were in that 1,.600 to 22,000-foot range, typically. Some two, some ,.- a fEiw three car garages. This market we are going after is on up to 24 to 2600. The step up market we are talking starting at about 190 and going to as high as 300, with the median somewhere around 270. All of them will be three car garages. We are aiming at the family market that wants the -- you know, the larger home, the green space. To answer Councilwoman de Weerd's question about the green space, we are going to hydroseed it. We will probably put a pathway through it, if we can see a way, you know -- you know, not linear, but we will add some trees -- we are going to dress it up, because we know that -- we have a market there that we are going to try to zero in on. We are going to be really dressing the roundabout we are going to -- you will see some really exciting mature trees and plantings. We really want to hit that market and really make it -- you know, make it happen, make it something proud -- but we are going to go after all the move up market in Meridian, those people that are ready to move on up. Their family has gotten larger, they have more children, and they want a little larger lot and they seem to have got some pretty goqd depth there, you know, 120s and 30s. We have got some big back yards on some of those -- both the north, south side and, then, backing them all up to the park in the middle, people like that green space, because they are looking house to house. This is kind of the market. we are going after. We have a builder team we are going to bring in to do it. Excjted about it. Anymore questions, I would happy to try to -- . Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Barnes, I mean all that sounds -- sounds very nice and it sounds like a very nice subdivision, but I guess what my concern is what you're telling me is what the Meridian City Council Meeting January 28, 2003 Page 41 of 51 cfientele that you're marketing this property to has a lot of children. Yet, you're creating an open recreational space that has nothing for children to use it for. That means those children are either going to not use it and be walking down, I guess, sidewalks through another subdivision or trying to cross Meridian Road to get to the other park and I guess I'm concerned in not really making it an attractive, usable open space for the people that are going to live there. Barnes: Well, to answer your question, Councilman, what would keep them from playing soccer, football, all of those things? Are you thinking of a kiddy playground? Is that kind of what you're thinking? See, they will have -- they will be able to do all of those things in that open space. Are you talking about a kiddy play area or something like that? Nary: Well, I mean whether it's a kid's play area or -- it doesn't appear to be large enough to have a field of use or anything. There is no basketball court. There is no -- I mean there might be a walking path at some point that can be used from an exercise standpoint, but right now it's just a swale and that's it and that, to me, isn't very usable space. I mean you have a lot of homes with an R-8, although you're fairly close to the R-4 number in here. You have a lot of homes in here and you're marketing it to people who are going to have a lot of kids. What my concern is that they are not going to have a lot to do and so it's kind of wasted space and I'd rather have some usable space. Barnes: I would disagree with your assessment. I think we are providing an open space area that is sprinkled and is going to be mowed, there is nothing wrong -- there is no -- nothing to stop them from playing soccer or football or a walking area. Nary: How many acres is it? How much -- how much acreage is that green space? Barnes: It looks like it's about three total. 2.2 and 1.2, so -- but compare that with what you have already approved, you know, in the area. Again, we have a large regional park at Settler's Park that's down below, but we feel that that will be a very usable, you know, amenity. A lot of these people will be walking through there, so besides the walking path, we have got the trails -- the pathways leading from these two streets to bring people into it. I would disagree, it will be, -- it will be well used. We are going for a market that is not necessarily the bottom, the baby making group, we are going to the next move up group that have kids from junior high through, you know, the high school area. I don't know if I answered your question fully, but-- Nary: Well, you know, maybe we will just have to disagree. I used to live by a three acre park that was just grass and it didn't get used as much until it became a park that had amenities to it for a variety of different people to use it. When it was just grass, it wasn't used as extensively as it's used now with a basketball court and a walking path around it and a kid's play lot and there was more to it, to allow for varieties of uses and so maybe we will just have to disagree. Corrie: Okay. Anyone else like to issue testimony? Okay. Any further questions? Meridian City Council Meeling January 28, 2003 Page 42 of 51 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I would make my comments. At first blush I kind of thought as Councilman Nary did, but I also know that we kind of fall into that move up category and we just built on the golf course. This has a little bit more attraction to me, because you still have that linear green look and I wouldn't have to worry about golf balls. You know, the thing is -- and what we heard last night is there are a lot of people out there using that golf course, because of the open space, the linear look, as walking their dogs. My neighbor flies his plane out there every day, you know, a little remote plane, and I see a lot of use on that linear type of green space, so had I not moved where I did, because I like that kind of thing, I would agree with you. But I now have it from kind of a different look and it's -- this is the same kind of look out at Crossroads and I know that the residents out at Crossroads really like that linear green space of -- you know, even if it's not used, people appreciate it. Just another perspective, but that was my first thought, boo . Corrie: I feel sorry for you and the golf balls. De Weerd: Yes. Right. You mean you empathize with me; right? Corrie: I feel sorry for you. Broken windows. Any other discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess I just want to make it clear, I do think there is a lot of positive in this particular subdivision that you're trying to do. I guess we have had the same concerns from this Council a number of times and I guess I'm not totally convinced -- and the Public Hearing is still open, but one of the things we had looked for and been looking at in other subdivisions around here is some creativity, s.ome variety in houses, some variety in style, some innovativeness. We commented extensively in two hours in the hearing last week about a subdivision that built a -- sort of exercise facility as a part of it, that had something creative and different for folks, so that they weren't the same type of look. The same size of lots, the exact same appearance one after another after another. I certainly don't have a problem if Mr. Fluke and Mr. Barnes want 'to come back up, but I'm not convinced. I think what Councilwoman de Weerd said is very valuable, I agree, there probably is some value to that, but I am very concerned that this "is the same thing that we have seen before with a traffic circle in the middle of it. That's very nice, but there is not a whole lot of anything new, different, innovative, and unique, about this project. It is very nice, but it is very much the same. I haven't heard anything from the folks to this point to convince me to annex this property to add it to the city that -- to approve this plat and have, essentially, another subdivision that looks like all the Meridian City Council Meeting January 28, 2003 Page 43 of 51 rest of them. All I heard Mr. Fluke say was this is what the other ones look like, that's why we are like this. They want a variance, because they don't want to move the circle. They want this open space, because they don't really want, necessarily, other types of amenities. They don't have a path system, other than two walking paths from one block to another. That's not a path system. J mean I just don't see a whole lot that's compelling to me to want to add this to our city. I guess I would be more than happy if you folks want to come back up and tell me why, but it doesn't appear to me to be anything new and that's kind of what we have been saying we'd like to see is something new. Corrie: Okay. With that, would you like to have any further comments? Fluke: Mr. Mayor, Members of the Council, Daren Fluke again. I suppose there is not a whole lot I can say in response to that. I just simply point out to you that we are dealing with a piece of property that's only 550 feet in this dimension, which makes it, you know, 600 feet in this dimension. As far as a path, system, I mean a path system is -- anything besides the sidewalks that we have to build, is going to be redundant. I mean I don't know what we could add to what's already there. It's fully accessorized for pedestrians already. I mean, bear in mind, that because of the requirements of ACHD, we have 50 feet of right of way here. When we go to layout a subdivision, we immediately lose" a minimum of one quarter of the land area to roads. I mean it goes under asphalt and concrete. You know, I have been a proponent for a long time of narrower streets. These streets are way too big for the amount of trips that they see. You know, I mean I could go on and on about why the streets are too big, but that is one of the design factors that's imposed upon us that we have to deal with and we have to work around. The open space in this thing is way more and way more functional than many of the open spaces that you see that are primarily designed to deal with drainage. I mean these will -- yes, they don't have a tot lot or a basketball court in the middle of them, but they are fully functional and -- I mean J remember a time I grew up in a newer subdivision and we didn't even have this. You know, we didn't have a tot lot, we played other games, you know, and an open space of 100 feet in this dimension and several hundred feet in this dimension is plenty usable for kids to get a game together of any number of sports. You know, yes, there is not -- there is not a lot of doodads in this thing, but it's an attractive development, it's got a large amount of open space and, you know, given the constraints of the site, I think we have designed a really nice product here. As far as a reason to bring it into the city, you know, house -- "median house prices of 270,000 dollars -- I mean do the math over 119 lots, it will expand your tax base and there is not a lot of additional services the city will be providing. Ypu have already built the White Trunk and encouraged people to come and develop land in this area and, you know, I don't know how to be much more compelling than that. There is just -- you know, we hear that you want us to be creative, but working with the regulations that are included in your zoning ordinance, as well as the Highway District's regulations, and we get backed into a corner a lot of times. It's very difficult to do anything different, I mean particularly if you want to try a neo-traditional type layout where we provided alleys, you know, it's almost impossible, given the regulations that we have to deal with. There is just no incentive to do it. It's all penalty and no incentive. ,. r Meridian City Council Meeting January 28,2003 Page 44 of 51 You know, I'm just not sure what the innovative things are that you're looking for. I mean we hit this stumbling block every time we go to layout a subdivision, because the first thing we do is go to the zoning ordinance -- well, the first thing we do is look at the plans, see what you're planning for. The next thing we do is look at the ordinances to see what the parameters are and that's what we work with. Corrie: Is the green area -- is that fairly flat? Fluke: Yes. Corrie: Or is there a three-foot swale in the middle? Fluke: No. It's not a swale. It will be a flat, usable area. It will accommodate drainage, but it's large enough that it doesn't have to be depressed. Corrie: It's all in grass? Fluke: Right. Thank you. Corrie: John,a'nything else you want to say? You don't have to. I mean -- Barnes: We would be amenable to have accesses coming from every point there. I would be amenable to put an asphalt path on one side -- probably take the north -- the north side from below the bulb and come across, a walking path to connect up with the next street and come all the way across there. You know, offset those houses that you -- you want to be off their lots a little bit to give them some privacy. We could do the same and connect up and come out to the end of the block at the far end, so across that street, then, and do the same thing on the other land next phase, if that -- is that kind of what you're thinking about? Is that -- provide a distinct walking area for these people? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Barnes, I'm not trying to be difficult I really am not. I'm not trying to design it for you. We have seen -- and, in fact, the property to the east that abuts this property that basically is part of where your connection to the city is has a variety of different things in it so, it can be done. I recognize that this particular shaped property doesn't have quite the same ability to be innovative as a larger rectangle, a larger .square, or whatever. I understand that. Now, if you didn't have 119 homes in it, you might have ,more room to do things, but it may not be economical feasible for you and so I understand there is a balance there. I understand. I'm not trying to tell you if you don't put a walking path in, I don't want to vote for it. I'm saying that all I'm looking for from here is that we have tried to stress over and over to people that what we wanted is for you to be the creative ones to bring a variety of housing. A variety of styles to this city, a variety of different looks, something that's not just the same thing that's right next door Meridian City Council Meeting January 28,2003 Page 45 of 51 to YOU. You know, we have approved a lot of those and at some point, I have to look at it and say do we need to just keep approving them until somebody else can be innovative? Or do we need to say, no, you need to be innovative and maybe you need to go back to the drawing board and bring it back and tell us what's innovative about it and what's different about it and what makes it more attractive and, then, have us look at it again but this is our only chance. When you bring it back as a Final Plat, it's supposed to look a Jot like that. My only -- our only opportunity to say let's see what else you can do is right now. I might be the only one up here that thinks that, so you don't have to please me necessarily, I think you have to do whatever you want to do. I do think that there hasn't been a whole lot and just because it's 120 homes, as Mr. Fluke said, that's not a reason to annex this property. Just because it's going to have a green space in it, that's very nice, but all I was asking was to have something more innovative, different, creative than what we have seen over and over and over. I think it will drive the market better. I think you will have more attractive property to sell if you create something like that. I think that's what we have seen in some people and I think their properties sell fairly well that way. We have also seen some that don't do anything -- that don't do everything ,even as nice as what you're proposing and they will probably sell them, too. At sonie point somebody has to say that's just not what we are looking for and that's just all I'm saying. Barnes: . Well, we have -- you know, my marketing man, Dan Chris isn't here, but he's coming in on some garage under ideas -- I mean you will see some innovative housing here, you know, some new ideas. You know, you have to remember the marketplace drives this business. We feel we have provided a very nice product and I will stand behind JUB and what they designed here, taking this piece of property and putting that green space and getting it nearly ten percent is much greater than most of the Preliminary Plats and stuff that you see coming in here. I think we have done a good job, we have got curvilinear streets, and we are going to have some very innovative housing ideas. We are going to box in the gable vents. We are going to -- there is going to be stamped bominate or, you know, concrete on the driveways, they are going to be curvilinear sidewalks going to the front door, brass kick plates, ta da, ta da, ta da. I mean I could get into a lot of that stuff, if that's the kind of thing you want to hear. We have to rifle the market in. You know, you don't invest three or four million dollars and not know where you are going with the marketplace. We are -- it behooves us to protect our investment to do what you're saying and so we are going to ratchetup, you know, the quality and the style of the houses and -- I hope I answered your question, Corrie: Any other questions for the Public Hearing? Hawkins-Clark: Mr. Mayor, I would like to get, if we could, feedback from Mr. Barnes or .Mr. Fluke on the fencing that are around the open space area that is proposed. That was not addressed in the -- for example, are they going to allow each homeowner to come in and construct six-foot solid fences who are abutting that open space area? We'd like to get that cleaned up at the Preliminary Plat stage, rather than Final Plat, because the ordinance doesn't -- Meridian City Council Meeting January 28, 2003 Page 46 of 51 Barnes: In the covenants that we are going to supply in the submittal, we restrict the height to 42 inches on all of the rear yards that abut the open green space, so we are pushing them down, so it doesn't look like a corral. Corrie: Are they gated? Barnes: What's that? Corrie: Are they gated? Barnes: Gated into the green space? Yes, they can be gated if you want to come into it but we are limiting the height to 42 inches, Corrie: So they wouldn't have to do a high jump over the fence. Barnes: Well, I want you to buy up there, Bob, so I can see -- Corrie: Thank you. Lose some weight. Does that answer your questions? Barnes: Thank you. Corrie: Thank you, John. Any other questions? Okay. I will entertain a motion to close the Public Hearing on Item 16, 17, and 18, De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we close the Public Hearing on 16,17, and 18. Nary: Second. Corrie: Motion has been made and seconded to close the Public Hearing on Item Nos. 16,17, and 18 on the Burney Glen Subdivision. Any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRI ED: THREE AYES, ONE ABSENT Corrie: Further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I have probably an opposite view on this proposal than Councilman Nary. My first look at it is it's different than a lot of the things that we have seen. There is a Meridian City Council Meeting January 28, 2003 Page 47 of 51 large variety in lot sizes from -- I think their application said 6,500 or 12,000 square feet. This is different from what we have been seeing and even though the other applicants are mixed uses, this doesn't really have the mixed use of housing per se, but it's different It does have the lineal part that -- they can redesign it, give you a variety of housing styles, and give you a block open space, -- you know, I do like the different look and I like the roundabout. I think there is creativity here and there is -- if they were marketing it to me. If I hadn't of just built my house, I would be very drawn to something like this and maybe I'm just looking at it from personal preference. We do not have very many of these type of subdivisions in our city, so that does make a difference. We do have a 56-acre park within a half-mile of it or even a quarter mile. This does allow a different type of recreational use to serve the neighborhood so I guess I see it in a little different perspective. I do appreciate your concerns. We are looking for uniqueness and something different and I do think that this fits that and it is different. Hawkins-Clark: Mr. Mayor, I'm sorry, I would like to point out, and I gave a wrong date earlier. The plat -- the correct plat is stamped by Gary Lee of JUB Engineers, January 6, 2003. I gave a wrong date earlier for the Preliminary Plat that we are looking at. Corrie: Okay. Further discussion? De Weerd: Well: for just in light of moving this along, I will attempt something and see if it gets seconded. I would like to move that we approve the request for annexation and zoning of 35.94 acres from RUT to R-8 zone for proposed Burney Glen Subdivision. To include -- and I know it doesn't necessarily need to be on the annexation and zoning. I would like to include the pathway on the northern side of the open space going from east to west and, you know, it does connect to each of the roads on the far east side and to the roundabout and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Corrie: Motion has been made. Is there a second to the motion? Okay. Hearing none, motion dies for lack of second. Any other ideas? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And I guess the only reason I didn't second it -- I don't know what -Council Member McCandless is thinking -- is because I'm just not -- I'm just not swe at the moment It doesn't mean that I'm not in favor of this, but I do appreciate what you said, because I do think you did raise some valid points that are -- there are some differences here that we haven't seen. We have seen -- well, even the ones south of this have a square of green space and a square of a basketball court and I don't know that they have a whole lot else than that. I wasn't looking to try to match it to one that's less than innovative, I was looking at the ones that are east of here, which are significantly more diverse and creative than what this is. Again, I am a little torn, but I do think there probably is a market for this. I have sat here for a year and approved a lot of these, with Meridian City Council Meeting January 28, 2003 Page 48 of 51 the assumption that there is a market for all different variety of things. Even the things that maybe aren't as appealing to me, but my feeling is different from many others. What Council Member de Weerd said I think is very helpful in trying to come up with something here to work for everybody and at least Mr. Barnes has attempted to try to add to this a little bit to make it a little bit more attractive, so what do you think? The Mayor is just glad he doesn't have to break a tie. McCandless: I realize that. Corrie: I certainly would if I had to. McCandless: I just don't understand why there can't be something in that green space - - for instance, a basketball -- just a basketball court where guys can go out and play with their sons some basketball. I don't necessarily think there needs to be a kiddy playground in there, but if you're willing to put an asphalt walkway in there, it wouldn't be that much harder to put -- use one corner of it for some kind a recreation. Barnes: But who wants a basketball court behind their house? McCandless:. It's kind of a silly thing to argue over, but it just sticks with me. That's all. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I would just add I would imagine the market that would be attracted to a development like this is not looking for that amenity, you know. I wouldn't have built on the golf course if golf balls weren't quiet and I don't want a basketball court behind my house. I would be the one that wants to appreciate the green and open space and the kids running through it -- not with a noisy ball, but I have my neighbor's noisy remote control airplane, but -- McCandless: You can't please everybody, De Weerd: So, I don't know, I think the offer, like Mrs. McCandless mentioned, with the pathway is nice. I just wonder if adding an amenity like a tot lot or the basketball court or something else would really take away from the market that you're trying to have there. I guess I can only say that, because I believe I'm one of those in the m,arket he would be attracting. That's those that don't want someone built 20 feetfrom'their back door, you know, that wants -- that wants that open space. That's -- that's just my personal perspective. Corrie: Want to take another shot at annexation or -- I'm not trying to tell you what to do, De Weerd: Okay. I just got the nod that I should try my motion again. ( Meridian City Council Meeting January 28,2003 Page 49 of 51 Corrie: I would imagine the Preliminary Plat-- De Weerd: Okay. Mr. Attorney, before I attempt it, do I put the pathway on this or on the Preliminary Plat? Nichols: Mayor, Members of the Council, I would put it in both. De Weerd: Thank you. Okay. I will move to approve the request for annexation and zoning of 35.94 acres from RUT to R-8 zones for the proposed Burney Glen Subdivision -- if I keep messing up the name. I apologize -- and to include the noted pathway that the applicant testified to, to have the attorney draw up Findings of Facts and Conclusions of Law and Decision of Order, and as well to also note the height of the fence. Nary: On the interior? De Weerd: On the lots that would abut the green space to 42 inches. Corrie: Mr. Nichols, you -- De Weerd: He's waiting for a second before he comments. Nary: Second. Corrie: Motion made and second. Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I'd put the fence height limitation in the plat. De Weerd: Okay. Corrie: Okay, We have a motion and a second on the request for annexation and zoning. Any further discussion? Okay. Roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: Okay. Three ayes. Motion to approve the annexation and zoning. " MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Now, let's move right on to the Preliminary Plat. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting January 28, 2003 Page 50 of 51 De Weerd: I move that we approved the request for a Preliminary Plat of 119 building lots and 12 other lots on 35.94 acres in a proposed R-8 zone for Burney Glen Subdivision. To include the testified pathway in the green space and also note the fence height of 42 inches maximum and to ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Nary: 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, absent. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Okay, De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for a Variance to allow two block lengths to exceed the 1,OOO-foot maximum block length for Burney Glen Subdivision and ask the attorney to draw up findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. Corrie: Motion has been made and seconded. Any further discussion? Okay. Roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: Motion is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: And with that, we have run out of space on the agenda, so I would .';"- unless we have anything further, I would entertain a motion to adjourn. ' De Weerd: So moved. Nary: Second. Corrie: Motion has been made and seconded to adjourn the City Council meeting. All in favor say aye. Meridian City Council Meeling January 28, 2003 Page 51 of 51 MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: The meeting is adjourned on January 28th at 9:35. MEETING ADJOURNED AT 9:35 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: 2 1/1 103 DATE CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, January 28, 2003 at 4:30 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd X Cherie McCandless 0 X Mayor Robert Corrie 2. Adoption of the Agenda: Ap,}nJt!Lci x X Bill Nary Keith Bird 3. Presentation of Audit Report by Balukoff & Lindstrom: 9reJt:1.1...--teoL (20 minutes) 4. Presentation of Finance Report by Finance Department: (5 minutes) jJ rleJ:e.'Yt.;j-e.cL 5. Cash Receipt Policy: _ (10 minutes) R..€r~~-hf7rV Iv Ix ~jJtI/tLd /;;1- c:?/Tbrhe/f- 6. Discussion of Building Options with Lemley & Associates, Inc.: (90 minutes) pr~f'e-n-fec0 7. Discussion with Revenue Analysis Task Force: (10 minutes) re;.f'it~ ,);,;:V-nn.a./7;;'; * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Council Agenda -Janual)' 28, 2003 Page I of I All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, January 28, 2003 at 4:30 p.m. City Council Chambers 1. RolIRcall Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Presentation of Audit Report by Balukoff & Lindstrom: (20 minutes) 4. Presentation of Finance Report by Finance Department: (5 minutes) 5. Cash Receipt Policy: (10 minutes) 6. Discussion of Building Options with Lemley & Associates, Inc.: (90 minutes) 7. Discussion with Revenue Analysis Task Force: (10 minutes) * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Council Agenda - January 28, 2003 Page 1 of 1 AI I materials presented at pu blic 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, January 24, 2003 Pre-Council Meeting MERIDIAN CITY COUNCIL MEETING January 28, 2003 APPLICANT ITEM NO. 3 REQUEST Presentation of Audit Report by Balukoff & Lindstrom: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: MaterIals presented at public meetings shall become property of the City of Meridian. i" I I. , ' Financial Statements , ~ ; CITY OF MERIDIAN, IDAHO September 30, 2002 TABLE OF CONTENTS Page No, INDEPENDENT AUDITORS' REPORT .......'................ ,...... ,....... .m.......'..... .......... 1 GENERAL PURPOSE FlNANClAL STATEMENTS Combined Balance Sheet - All Fund Types and Account Groups ,........................ 3 Combined Statement of Revenues, Expenditures and Changes in Fund Balance - All Governmental Fund Types ....,.....,...................,.................... 5 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual- General Fund ...................................................... 6 Statement of Revenues, Expenses and Changes in Retained Earnings - Enterprise Fund ........'....................,....,......,....,.................... 7 Statement of Cash Flows - Enterprise Fund .....,............. ...... ..... ....,...... ........,.......... 8 Notes to Financial Statements ............. ..... ................................... ...,....... ....,...... ...... 10 OTHER FINANCIAL INFORMATION General Fund Statement of Revenues - Budget and Actual.............,....,..,.... ...........,.......... ....... 24 Statement of Expenditures - Budget and Actual........,..........,.............................. 26 Enterprise Fund Statement of Revenues - (Non-GAAP Budgetary Basis) Budget and Actual...., 29 Statement of Expenses - (Non-GAAP Budgetary Basis) Budget and ActuaL.... 30 Other Operation in Tax Rolls ....,..'.. ,... ,...... ......... ........,................... ....... ......................... 31 OTHER INFORMATION 111dependent Auditors' Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards, 33 Schedule of Financial Statement Findings ................,.. ......... ........,......... ............ ...., 35 . . ~ BALUKOFF LINDSTROM & Co., P.A. Certified Public Accountants 877 West Main Street, Suite 805 Boise, Idaho 83702 (208) 344.7150 FAX: (208) 344-7435 www.blco.com s , INDEPENDENT AUDITORS' REPORT Mayor and Members of the City Council City of Meridian, Idaho Meridian, Idaho We have audited the accompanying general purpose financial statements of City of Meridian, Idaho, as of and for the year ended September 30, 2002, as listed in the table of contents, These general purpose financial statements are the responsibility of the management of City of Meridian, Idaho. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with u.s, generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation, We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the City of Meridian, Idaho, as of September 30, 2002, and the results of its operations and the cash flows of its proprietary fund types for the year ended in conformity with U.S, generally accepted accounting principles. l ; In accordance with Government Auditing Standards, we have also issued .our report dated December 18, 2002, on our consideration of City of Meridian's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts and grants, That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this report in considering the results of our audit. -1- Mayor and Members of the City Council City of Meridian, Idaho Meridian, Idaho Our audit was performed for the purpose of forming an opinion on the general purpose financial statements of the City of Meridian, Idaho, taken as a whole. 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'" ci s- "" e s 00 ci '" ci ,., 00 .. ..., e s- r- 0- vi '" '" r- ;::; vi "'" ,., o q "'" ..0 .... ,., o q 0- ..0 .", ;:!; 0; '" o ..; VI ~ "'" "" e "" '" " '0 " "" C ';;' C " Q. E B g 1:l '" ,., o q 0- .,; ,., '" ci ,., o ..; VI '" or. o ci '" '" N N '" '" '" o N VI '" '" ci or. ,.; N .... "'" -i 00 0:. '" " 2; ~ o uJ ell I- <( UJ U z :i~ <w ell>- 0"- 20 ~ -< w >- "- o o z w I- <: w U Z -< ,.J < l'tl o 2 r~1 I : I I CITY OF MERIDIAN, IDAHO STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL - GENERAL FUND Year Ended September 30,2002 General Fund Variance Favorable , ' Budget Actual (Unfavorable) REVENUES Taxes $ 5,499,586 $ 5,563,270 $ 63,684 Licenses and permits 1,359,800 1,604,261 244,461 Intergovernmental 2,883,282 2,827,452. (55,830) Fines and forfeitures 4,500 1,986 (2,514) Charges for services ] ,383,500 1,770,495 386,995 Interest 430,000 547,284 117,284 Miscellaneous 84,288 102,613 18,325 TOTAL REVENUES 11,644,956 12,417,361 772,405 EXPENDITURES General government 4,542,239 2,468,824 2,073,4]5 Public safety 6,362,466 5,94],775 420,691 Highways and streets 144,000 ] 24,502 19,498 Culture and recreation 636,465 584,302 52,163 Capital outlay 6,853,005 4,592,305 2,260,700 TOTAL EXPENDITURES 18,538,175 13,711,708 4,826,467 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES (6,893,2]9) (1,294,347) 5,598,872 OTHER FINANCING SOURCES (USES) Operating transfer out (331,320) (225,840) ] 05,480 Unrealized loss on investments (5,792) (5,792) TOTAL OTHER FINANCING SOURCES (USES) (33] ,320) (23] ,632) 99,688 EXCESS (DEFICIENCY) OF REVENUES AND OTHER SOURCES (USES) OVER , . (UNDER) EXPENDITURES (7,224,539) (1,525,979) 5,698,560 ~, . ~ FUND BALANCE AT BEGINNING OF YEAR 13,5] 0,95] 13,510,951 FUND BALANCE AT END OF YEAR $ 6,286,412 $ I] ,984,972 $ 5,698,560 See accompanying notes - 6 - f ; I ( ["1 I: ,. L f"~ < ~ ; , . CITY OF MERIDIAN, IDAHO STATEMENT OF REVENUES, EXPENSES AND CHANGES IN RETAINED EARNINGS- ENTERPRISE FUND Year Ended September 30,2002 With Comparative Totals for 2001 OPERATING REVENUES 2002 2001 Charges for services Water revenues $ 3,145,439 $ 3,070,571 Sewer revenues 3,292,375 2,872,606 Sale of meters 196,189 199,491 Latecomers fees 733,639 474,24] Engineering fees 22,541 Miscellaneous 25,885 102, ] 84 TOTAL OPERATING REVENUES 7,4] 6,068 6,719,093 OPERA TING EXPENSES Personal services 2,614,419 2,260,795 Other services and charges 861,632 1,000,9] 2 Depreciation 1,905,831 ] ,589,665 Supplies 581,78] 472,525 Heat, lights and power 442,60 I 337,948 TOTAL OPERATING EXPENSES 6,406,264 5,661,845 OPERA TING INCOME 1,009,804 ] ,057,248 NONOPERATING REVENUES (EXPENSES) Interest revenue Connection assessment fees Donated waterlines and sewerlines Gain (loss) on sale of fixed assets Net increase (decrease) in fair value of investments TOTAL NONOPERATING REVENUES 1,876,122 1,573,239 3,078,490 2,66],]21 4,612,326 4,43],09] (9,357) 3,696 (148,770) 257,975 9,408,8] ] 8,927,122 10,4]8,6]5 9,984,370 (245,243) (159,007) 10,173,372 " 9,,825,363 522,153 340,354 ] 0,695,525 10,165,717 33,540,051 23,374,334 $ 44,235,576 $ 33,540,051 INCOME BEFORE OPERATING TRANSFERS Operating transfer out NET INCOME Add depreciation of fixed assets that reduces contributed capital INCREASE IN RETAINED EARNINGS RETAINED EARNINGS AT BEGINNING OF YEAR RETAINED EARNINGS AT END OF YEAR See accompanying notes - 7 - " ..~ CITY OF MERIDIAN, IDAHO STATEMENT OF CASH FLOWS - ENTERPRlSE FUND Year Ended September 30,2002 With Comparative Totals for 200 I 2002 2001 CASH FLOWS FROM OPERATING ACTIVITIES Operating income $ 1,009,804 $ 1,057,248 Adjustments to reconcile operating income to net cash provided by operating activities Depreciation 1,905,831 1,589,665 Changes in assets and liabilities Accounts receivable 181,109 (469,862) Assessments and interest receivable 3,999 8,043 Due from other governments 11,973 (12,383) Prepaid items (7,903) Accounts payable 235,806 345,379 Accrued payroll and taxes 18,122 57,628 Deferred revenue (254,862) 254,862 Customer deposits (6,116) 745 NET CASH PROVIDED BY OPERATING ACTIVITIES 3,097,763 2,831,325 CASH FLOWS FROM NONCAPIT AL FINANCING ACTIVITIES Operating transfer to general fund (245,243) (159,007) NET CASH USED BY NONCAPIT AL FINANCING ACTIVITIES (245,243) (159,007) CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Connection assessment fees 3,078,490 2,661,121 Proceeds from sale of capital assets 2,296 10,100 Acquisition of capital assets (5,202,391) (2,490,469) ., NET CASH PROVIDED (USED) BY CAPITAL AND ~ RELATED FINANCING ACTIVITIES (2,121,605) 180,752 See accompanying notes - 8 - 2002 2001 CASH FLOWS FROM INVESTING ACTIVITIES Purchase of investments (30,328,910) (34,587,663) r"~ Sale of investments 26,92 1,199 27,869,078 Interest received 1,778,660 1,594,063 NET CASH USED BY INVESTING ACTIVITIES (1,629,051) (5,124,522) NET DECREASE IN CASH (898,136) (2,27 1 ,452) CASH AT BEGINNING OF YEAR 1,885,764 4,157,216 CASH AT END OF YEAR $ 987,628 $ 1,885,764 SUPPLEMENTAL DISCLOSURE OF CASH FLOW INFORMATION Developer and customer contributed sewer and water lines $ 4,612,326 $ 4,431,091 See accompanying notes - 9 - ( CITY OF MERIDIAN, IDAHO NOTES TO fINANCIAL STATEMENTS September 30, 2002 / " NOTE A - SUMMARY Of SIGNIFICANT ACCOUNTING POLIClES f: i' ; City of Meridian, Idaho (City) was incorporated August, 1903. The City operates under a mayor and council form of government and provides the following services as authorized by its charter: public safety (police and fire), streets, culture and recreation, planning and zoning, and general administrative services. The financial statements of the City have been prepared in conformity with generally accepted accounting principles (GAAP) as applied to government units. The GovemmGntal Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The significant accounting policies are described below. The accounting and reporting policies of the City relating to the funds and account groups included in the accompanying combined financial statements conform to generally accepted accounting principles applicable to state and local governments, Generally accepted accounting principles for local govemments include those principles prescribed by the GASB, the American Institute of Certified Public Accountants in the publication entitled Audits of State and Local Governmental Units and by the Financial Accounting Standards Board (when applicable), As allowed in Section P80 ofGASB's Codification of Governmental Accounting and Financial Reporting Standards, the City has elected not to apply to its proprietary activities financial Accounting Standards Board Statements and Interpretations, Accounting Principles Board Opinions, and Accounting Research Bulletins of the Committee of Accounting Procedure issued after November 30, 1989, financial Reporting Entity As required by generally accepted accounting principles, these general-purpose financial statements present the City in conformance with GASB Statement No. 39, "Determining Whether Certain Organizations are Component Units, II Under Statement No. 39, component units are organizations that are included in the reporting entity because of the significance of their operational or financial relationships with the City, The component unit column in the combined financial statements is the financial data of the City's single component unit, the Meridian Downtown Development Corporation (MDDC), ',MDDC is a separate and distinct legal entity created by state statute. The directors of MDDC are appointed by the Mayor and approved by the City Council. MDDC provides urban renewal services for the citizens of the City. The City contributes to the multi-employer Public Employer Retirement System of Idaho (the System). The System is administered by the State of Idaho and the City is not the major participant in the plan; therefore, the plan financial statements are not included in this report, -10- CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2002 Fund Accounting The accounts of the City are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The operations of each fund are accounted for within a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity, revenues, and expenditures or expenses, as appropriate. Government resources are allocated to, and accounted for in individual funds based upon the purposes for which they are to be spent and the years by which spending activities are controlled. The various funds are grouped, in the financial statements in this report, into two fund types and one account group as follows: Govenunental Funds General Fund - The General Fund is the general operating fund of the City, It is used for all financial resources except those required to be accounted for in another fund. Capital Proiects Fund- The Capital Projects Fund is used to account for financial resources to be used for the acquisition or construction of major capital facilities (other than those financed by proprietary funds). Proprietary Fund Enterprise Fund - The Enterprise Fund is used to account for operations financed and operated in a manner similar to private business when the intent of the governing body is that costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges, or the governing body has decided that periodic determination of revenues earned, expenditures incurred, and/or net income is appropriate for capital maintenance, public policy, management control, accountability or other purposes, Account Groups The account groups are used to establish accounting control and accountability for the City's general fixed assets and general long-term obligations, Because these assets and obligations are long-term, they are not spendable resources and do not require current appropriation. These account groups are not funds since they only measure financial position and not operations. General Fixed Assets Account Group - To account for all fixed assets required for general City purposes, excluding fixed assets ofthe proprietary funds, General Long-Term Debt Account Group - To account for long-term obligations of the City, except for those accounted for in proprietary and trust funds, This group includes the long-term obligations of the City for certain capital leases and accrued vacation. -] 1- CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2002 Measurement Focus The accounting and reporting treatment applied to a fund is determined by its measurement focus. Governmental funds are accounted for on a spending or "financial flow" measurement focus, This means that only current assets and current liabilities are generally included on the balance sheet. Governmental fund operating statements present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets, All proprietary funds are accounted for on a cost of services or "capital maintenance" measurement focus. This means that all assets and all liabilities (whether current or non-current) associated with this activity are included on their balance sheets. Their reported fund equity (net total assets) is segregated into contributed capital and retained earnings components, Proprietary fund type operating statements present increases (revenues) and decreases (expenses) in net total assets. Basis of Accounting Basis of accounting refers to when revenues and expenditures or expenses are recognized in the accounts and reported in the financial statements. Basis of accounting relates to the timing of the measurement made, regardless ofthe measurement focus applied, Governmental funds are accounted for using the modified accrual basis of accounting, The revenues are recognized when they become measurable and available as net current assets, The revenues susceptible to accrual are property taxes, special assessments, charges for service, interest income and intergovernmental revenues. Expenditures are generally recognized under the modified accrual basis of accounting when the related fund liability is incurred. Proprietary funds are accounted for using the accrual basis of accounting. Revenues are recognized when earned and expenses are recognized when incurred. Budgets and Budgetary Accounting The City follows these procedures in establishing the budgetary data reflected in the financial statements: Prior to September 1, the Finance Officer, Mayor and City Council prepare a proposed operating budget for the fiscal year commencing on October 1, The operating budget includes proposed expenditures and the means of financing them, Public hearings are conducted at City Hall to obtain taxpayer comments. Prior to October 1, the budget is legally enacted through passage of an ordinance. -]2- f1 , ~ ( r , i, r~ " CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2002 Budgets are adopted on a basis consistent with generally accepted accounting principles (GAAP) for the general fund, Budgets for enterprise funds are not legally required but are adopted on a non- GAAP basis. All annual appropriations lapse at fiscal year-end, The Finance Officer is authorized to transfer budget amounts within departments and between departments within any fund. Revisions that alter the total expenditure appropriation of any fund must be approved by the City CounciL State law does not allow fund expenditures to exceed fund appropriations. The budget presented in the report has been amended, Formal budgetary integration is employed as a management control device during the year for all funds, Cash and Cash Equivalents For purposes of the statement of cash flows, the proprietary funds consider all highly liquid investments with a maturity of three months or less when purchased to be cash equivalents, Investments Idaho Code provides authorization for the investment of funds as well as specific direction as to what constitutes an allowable investment City policy is consistent with this direction. The City currently invests in interest bearing bank accounts, certificates of deposit and U.S. Government and D.S, Government Agency bonds, Property Taxes Receivable and Deferred Revenue Property taxes are recognized as revenue when the amount of taxes levied is measurable, and proceeds are available to finance current period expenditures. A vailable tax proceeds includes property tax receivables expected to be collected within sixty days after year end, Property taxes attach as liens on properties on January 1, and are levied in September of each year, Tax notices are sent to taxpayers during November, with tax payments scheduled to be collected on or before December 20. Taxpayers may pay all or one half of their tax liability on or before December 20, and if one half of the amount is paid, they may pay the remaining balance by the following June 20, Since the City is on a September 30 fiscal year end, property taxes levied during September for the succeeding year's collection are recorded as deferred revenue at the City's year end and recognized as revenue in the following fiscal year. Ada County bills and collects taxes for the City. Customer Services Receivable Amounts owed to the City for customer services are due from area residents and businesses and relate to water, sewer and trash services provided by the City, -13- ( CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2002 Property. Plant and Equipment General Fixed Assets Fixed assets used in governmental fund type operations (general fixed assets) are accounted for in the General Fixed Asset Account Group, rather than in governmental funds. All material fixed assets are valued at cost. Donated fixed assets are valued at their estimated fair value on the date donated. No depreciation has been provided on general fixed assets. Public domain fixed assets consisting of roads, bridges, streets and sidewalks, and lighting systems are not capitalized, There are no public domain (infrastructure) assets included in the General Fixed Asset Account Group. Enterprise Fund Fixed Assets Capital additions, improvements and major renewals are classified as property, plant and equipment and are recorded at cost. Depreciation is recorded by use of the straight-line method. The book value of each asset is reduced by equal amounts over its estimated useful life as follows: Buildings Sewer plant Sewer and water lines Improvements other than buildings Equipment Estimated Useful Life (Years) 30 25 50 10-50 5-20 Maintenance, repairs and minor renewals are charged to operations as incurred. When an asset is disposed of, accumulated depreciation is deducted from the original cost, and any gain or loss arising from its disposal is credited or charged to operations. Compensated Absences Payable , ~ -~ The City provides vacation and sick leave to its full-time employees. Earned vacation is paid to employees when taken or paid to employees or beneficiaries upon the employees' termination, retirement or death. The City does not pay earned sick pay upon the employees' termination, retirement or death for non-union employees. The fire department union members are paid fifteen percent of their sick leave accrual upon the employees' termination, retirement or death. The amount of unused vacation accumulated by City employees is accmed as expense when incurred in the ProPlietary Fund, which use the accmal basis of accounting, In the Governmental Funds, only the amount that nomlally would be liquidated with expendable available financial resources is accrued as current year expenditures, Unless it is anticipated that compensated absences will be used in excess of a normal years accumulation, no additional expenditures are accmed, Therefore, the entire unpaid liability for the Govenunental Funds is recorded in the General Long-Term Debt Account Group. - I 4- f I CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2002 Capital Leases The City entered into a capital lease and trust agreement with Wells Fargo Bank for the construction of a law enforcement building. Under the terms of the agreement the City will construct the project on behalf of the lessor. The lease requires annual payments. The City will acquire the asset at the end of the lease for a bargain purchase price of $1. Comparative Data Comparative total data for the prior year have been presented in selected sections of the accompanying financial statements in order to provide an understanding of the changes in the govemment's financial position and operations. Total Columns on the Combined Statements Total columns on the Combined Statements are captioned Memorandum Only to indicate they are presented only to facilitate financial analysis. Data in these colunms does not present financial position. Such data is not comparable to a consolidation. Interfund eliminations have not been made in the aggregation of this data. Risk Management The City is exposed to various risks of loss related to theft of, damage to, or destruction of assets. The City participates in a public entity risk pool, Idaho Counties Risk Management Pool (ICRMP), for liability, medical and disability insurance. The City's exposure to loss from its participation in ICRMP is limited only to the extent of their deductible. The City also partially self-insures health and accident insurance. Each fund accounts for uninsured risks of loss. Self-insurance is limited to the difference between the deductible paid by the employee and the deductible covered by the insurance policy. Fund Equity Reservations of fund balance represent amounts that are not appropriable or are legally segregated for a specific purpose. Reservations of retained earnings are limited to outside third-party restrictions. Designations of fund balance represent tentative management plans that are subject to change. The proprietary fund's contributed capital represents equity acquired through capital grants and capital contributions from developers, customers or other funds. The City has established reserves to account for the resources received from donors for future park and capital improvements. The City has also established a reserve for the police center and future fire tnIck purchases. -15- Y-'" f i l ~ , CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30,2002 Encumbrances Encumbrance accounting, under which purchase orders, contracts, and other conunitments for the f": expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, -1 ~ is not employed by the City. r .~ Estimates The preparation of financial statements in conformity with generally accepted acco~ting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. NOTE B - CASH AND INVESTMENTS At year end, the carrying amount of the City's deposits was $3,890,011 and the bank balance was $4,143,478. Of the bank balance, $200,000 was covered by federal depository insurance and $3,943,478 was uninsured and uncolIateralized. All cash is held in Farmers & Merchants State Bank and Wells Fargo National Bank located in Ada County, Idaho. Investments are categorized into these three categories of credit risk: 1. Insured or registered, or securities held by the entity or its agent in the entity's name. 2. Uninsured and unregistered, with securities held by the counterparty's trust department or agent in the entity's nanle. 3. Uninsured and unregistered, with securities held by the counterparty, or by its trust department or agent but not in the entity's name. t....._ t, -16- CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2002 NOTE C - DUE FROM OTHER GOVERNMENTAL UNITS The following summarizes the intergovernmental receivables at September 30, 2002: . , f< State ofIdaho Revenue sharing $ 390,857 Liquor tax 34,293 Tax Commission 10 Joint School District No.2 15/792 Rural fire distri ct 98,351 Ada County 177,539 Other 410 Total $ 717.252 NOTE D - CHANGES IN GENERAL FIXED ASSETS Changes to general fixed assets are as follows: Balance Oct 1, 2001 Additions $ 4,920,804 958,824 831,614 1 ,348,816 $ 8,060.058 Land and buildings In1provements other than buildings Equipment Construction in progress $ 7,050,347 2,676,921 3,051,532 1.034,019 $ 13,812.819 NOTEE-BONDSPAYABLE Refunded Debt Balance Sept. 30, Deletions 2002 $ 4 1,740 $ 11,929,411 113,895 3,521,850 242,683 3,640,463 924,149 1 .458,686 $1.322.467 $ 20.550.410 The City has refunded water and sewer revenue bonds. The proceeds of the bond refunding issue, together with additional cash have been invested in U.S. Government obligations and placed in an irrevocable refunding escrow by the City. The maturing principal and interest of these investments will be used to pay the principal and interest ofthe redeemed bond issue as those payments fall due. As a result, the 1977 revenue bond is considered defeased and the City has removed the liability from the financial statements. At September 30, 2002, the outstanding principal of the defeased bond is $15,000. -18- , ' CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2002 l . i ~ '!:- '~ NOTE F - CHANGES IN LONG-TERM DEBT ACCOUNT GROUP ..-'"\ . . The City entered into a capital lease and trust agreement with Wells Fargo Bank for the construction of a law enforcement building. Under the terms of the agreement, the City constmcted the project on behalf of Wells Fargo Bank. At the end of the lease, the City has the option to purchase the facility for $ 1. The lease has a term of ten years with annual principal payments of $335,000 to $475,000 and interest rates of3.5% to 4.5%. The City entered into a capital lease agreement for the acquisition of a tractor. Th<;: lease has a term of five years with monthly payments of $602 and an interest rate of 5.9%. The lease was paid off during 2002. Changes to long-term debt are as follows: Balance Balance Oct. 1, Sept. 30, 2001 Additions Deletions 2002 Capital lease - tractor $ 3,548 $ $ 3,548 $ Capital lease - building 4,000,000 335,000 3,665,000 Accrued vacation 269587 69.315 338,902 $ 4.273.135 $ 69 ,315 $ 338.548 $ 4,003.902 The future minimum lease obligation and the net present value of the minimum lease payments as of September 30, 2002 are as follows: Fiscal Year Principal Interest Total 2003 $ 345,000 $ 153,400 $ 498,400 2004 360,000 139,600 499,600 2005 375,000 125,200 500,200 2006 390,000 110,200. 500,200 2007 405,000 94,600 499,600 Thereafter 1,790,000 202,174 I ,992,174 \. s $ 3,665,000 $ 825.174 $ 4,490.1 74 " . -19- CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2002 NOTE I - CONTRIBUTED CAPITAL r' The changes in the City's contributed capital accounts for its proprietary funds are as follows: Balance at October 1,2001 Depreciation on fixed assets contributed before October 1, 2000 Balance at September 30, 2002 NOTE J - OTHER COMMITMENTS The City has the following commitments at September 30,2002: Commitment S&S Coatings Guho Guho Civil Survey Construction Star Star IBI Tum-Key Thueson Construction Keller Associates ACHD Eastboume Inv McKibben & Cooper Pierce Mfg American Paving Heartland Construction Amount $ 3 1,661 $ 18,500 $ 91,124 $ 16,730 $ 2,173 $ 124,708 $ 14,910 $ 63,419 $ 271,813 $ 30,360 $ 1,800,000 $ 78,520 $ 6,859 $ 150,599 $ 257,114 $ 20,000 NOTE K - CONTINGENT LIABILITIES $ 53,813,466 (522.153) $ 53.291.313 Purpose Water Tower Upgrade W el 1 # 1 0 Landscape Proj ect Well #23 Construction Waterline - Overland Ashford Green Lift Station Pump WWTP Asphalt Addition Diesel Tank at Plant Filter Bypass Tertiary Sewer Trunk - White Drain Sewer Trunk - White Drain ACHD Locust Grove Overpass Ten Mile Interchange Study Downtmvn Design Standards 2002 Fire Trucks Park - 56 Acres Skate Park Construction The City has been named as a defendant in VariOllS legal actions, the results of which are not presently determinable. However, in the opinion of the City Attomey, the amount of losses that might be sustained, if any, would not materially affect the City's financial position. Under the terms of federal and state grants, periodic audits are required and certain costs may be questioned as not being appropriate expenditures under the terms of the grants. Any disallowed claims, including amounts already collected, could become a liability ofthe City. City management believes disallowances, if any, will not be material. -21- , I \ f : L CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2002 ~ ,I ,. ". , , NOTE L - COMPONENT UNIT The Meridian Downtown Development Corporation (MDDC) is created by and exists under the ( , Idaho Urban Renewal Law of 1965, as amended, and is a separate and legal entity. The following is a summary of the disclosures required for a fair presentation of the component unit in the City's financial statements. Cash At year-end, the carrying amount of deposits, reported as cash was $767. The total bank balance was $3,813. The bank balance was covered by federal depository insurance. All cash is held in financial institutions located in Idaho. Deficit Fund Balance The MDDC reported a negative fund balance of$(649). -22- t' OTHER FlNANCIAL INFORMA Tl0N CITY OF MERIDIAN, IDAHO STATEMENT OF REVENUES - BUDGET AND ACTUAL GENERAL FUND Year Ended September 30, 2002 Variance Favorab]e ~! Budget Actua] (Unfavorab]e) ~ ; Taxes Property $ 5,484,586 $ 5,544,929 $ 60,343 Penalties and interest 15,000 18,341 3,34] Total taxes 5,499,586 5,563,270 63,684 Licenses and permits Alcoholic beverage licenses 18,800 29,122 1O,322 Building and utility permits 1,291,000 1,523,205 232,205 Dog licenses 29,000 26,293 (2,707) Miscellaneous 21,000 25,641 4,64] Total licenses and permits 1,359,800 1,604,261 244,46 ] Intergovernmental State liquor apportionment 112,000 158,078 46,078 Court revenues 280,000 334,395 54,395 State sales tax 160,000 198,216 38,216 State revenue sharing 1,524,582 1,364,793 (159,789) Rural fire 668,700 566,21 ] (102,489) Gran ts 138,000 205,759 67,759 Tota] intergovernmental 2,883,282 2,827,452 (55,830) Fines and forfeitures Parking fines 4,500 1,986 (2,5] 4) Total fines and forfeitures 4,500 1,986 (2,514) - 24- i' ~ I . \ CITY OF MERIDIAN, IDAHO STATEMENT OF REVENUES - BUDGET AND ACTUAL (Continued) ...- GENERAL FUND ~ . Year Ended September 30,2002 r - Variance Favorable Budget Actual (Unfavorable) Charges for services Impact fees $ 22,000 $ 22,000 $ Franchise fees 490,000 704,900 214,900 Filing fees 81,500 207,251 125,751 Special police services 115,000 129,728 14,728 Administrative fees 184,000 196,256 12,256 Recreation programs 62,000 59,660 (2,340) Golf course expansion fees 20,000 42,250 22,250 Park reservation fees 9,000 15,923 6,923 Park impact fees 400,000 392,527 (7,473) Total charges for services ] ,383,500 1,770,495 386,995 Interest 430,000 547,284 117,284 Miscellaneous Rent 10,500 10,40 ] (99) Property development 478 478 Miscellaneous 73,788 9],734 17,946 Total miscellaneous 84,288 102,613 18,325 TOTAL REVENUES $ ] 1,644,956 $ 12,417,361 $ 772,405 - 25 - ( CITY OF MERIDIAN, IDAHO STATEMENT OF EXPENDITURES - BUDGET AND ACTUAL- GENERAL FUND Year Ended September 30,2002 Variance Favorable Budget Actual (Unfavorable) GENERAL GOVERNMENT r-~: x : Legislative t , Personal services $ 52,020 $ 46,011 $ 6,009 y- Other services and charges 53,800 53,439 361 Total legislative 105,820 99,450 6,370 Executive Personal services 119,430 98,399 21,031 Other services and charges 20,500 15,008 5,492 Total executive 139,930 113 ,407 26,523 Administrative Personal services 325,650 286,02 1 39,629 Other services and charges 2,523,574 688,143 1,835,431 Total administrative 2,849,224 974,] 64 1,875,060 Human resources Personal services 53,245 51,804 1,441 Other services and charges 23,500 26,021 (2,521) Total human resources 76,745 77,825 (1,080) Planning and Zoning Personal services 382,600 327,338 55,262 Other services and charges 205,900 182,174 23,726 Total planning and zoning 588,500 509,512 78,988 Building Department Personal services 86,020 67,996 18,024 Other services and charges 692,000 622,793 69,207 Total facilities maintenance 778,020 690,789 87,23 1 Elections Personal services 4,000 3,677 323 Total elections 4,000 3,677 323 TOTAL GENERAL GOVERNMENT 4,542,239 2,468,824 2,073,4]5 - 26 - , . CITY OF MERIDIAN, IDAHO STATEMENT OF EXPENDITURES - BUDGET AND ACTUAL- GENERAL FUND (Continued) Year Ended September 30, 2002 Variance Favorable Budget Actual (Unfavorable) PUBLIC SAFETY .- . Law Enforcement Persona] services $ 3,331,925 $ 3,122,121 $ 209,804 Other services and charges 914,89] 865,112 49,779 Totallaw enforcement 4,246,816 3,987,233 259,583 Fire Department Personal services 1,743,635 1,645,254 98,381 Other services and charges 275,250 232,438 42,812 Total fire department 2,018,885 1,877,692 141,193 Anima] Control Persona] services 77,265 65,460 11,805 Other services and charges ]9,500 II ,390 8,110 Total animal contTol 96,765 76,850 19,915 TOTAL PUBLIC SAFETY 6,362,466 5,941,775 420,691 HIGHW A Y AND STREETS Highway and Streets Street lighting 144,000 124,502 19,498 TOTAL HlGHW A Y AND STREETS 144,000 124,502 19,498 - 27 - CITY OF MERIDIAN, IDAHO STATEMENT OF EXPENDITURES - BUDGET AND ACTUAL - GENERAL FUND (Continued) Year Ended September 30, 2002 Variance Favorable Budget Actual (Unfavorable) CULTURE AND RECREATION Parks Personal services $ 374,680 $ 340,300 $ 34,380 Other services and charges 157,750 139,472 18,278 Total parks 532,430 479,772 52,658 Recreation Personal services 66,735 63,187 3,548 Other services and charges 37,300 41,343 (4,043) Total recreation 104,035 104,530 (495) TOTAL CULTURE AND RECREATION 636,465 584,302 52,163 CAPITAL OUTLAY Executive 1,900 1,294 606 Legislative 20,000 19,709 29] Administrative 227,140 ],294 225,846 Human resources 1,267 (1,267) Planning and zoning 1,234 (1,234) Building department 107,980 2,377 105,603 Law enforcement 3,509,051 3,484,438 24,613 Fire department 474,900 303,993 170,907 Parks 2,5] 2,034 776,699 1,735,335 TOTAL CAPITAL OUTLAY 6,853,005 4,592,305 2,260,700 TOTAL EXPENDITURES $ 18,538,]75 $ 13,71 ],708 $ 4,826,467 - 28 - CITY OF MERIDIAN, IDAHO STATEMENT OF REVENUES - (NON-GAAP BUDGETARY BASIS) BUDGET AND ACTUAL ENTERPRISE FUND Year Ended September 30, 2002 Variance Favorable Budget Actual (Unfavorable) Charges for services: Water revenues $ 3,350,500 $ 3,145,439 $ (205,061 ) Sewer revenues 3,400,000 3,292,375 (107,625) Sale of meters 196,000 196,189 189 Latecomers fees 733,639 733,639 Engineering fees 22,541 22,541 Miscellaneous 8,000 25,885 17,885 Interest income 1,500,000 1,876,122 376,122 Assessments: Sewer connections 1,750,000 2,075,836 325,836 Water connections 888,000 1,002,654 114,654 $ 11,092,500 $ 12,370,680 $ 1,278,180 - 29- CITY OF MERIDIAN, IDAHO STATEMENT OF EXPENSES - (NON-GAAP BUDGETARY BASIS) BUDGET AND ACTUAL ENTERPRlSE FUND Year Ended September 30,2002 Variance Favorable Budget Actual (Unfavorable) Water Persona] services $ 1,164,648 $ 1,047,769 $ 116,879 Other services and charges, including depreciation 434,960 917,451 (482,491) Supplies 222,638 389,319' (166,681 ) Heat, lights and power 1,168,956 197,601 971,355 Capital outlay 3,161,365 1,718,578 1,442,787 Total water 6,] 52,567 4,270,718 1,881,849 Waste water Personal services ],721,763 1,566,650 155,113 Other services and charges, including depreciation 137,000 1,213,136 (1,076,136) Supplies 275,500 192,462 83,038 Heat, lights and power 1,339,078 245,000 1,094,078 Capital outlay 6,706,300 3,483,813 3,222,487 Total waste water 10,179,64 ] 6,701,061 3,478,580 Construction Other services and charges, including depreciation 114,723 (114,723) Total expenses $ 16,332,208 $ 11,086,502 $ 5,245,706 - 30 - CITY OF MERIDIAN, IDAHO OPERA TION IN TAX ROLLS 1997 1998 1999 2000 2001 Total Balance at September 30, 2001 $ 1,633 $ 1,257 $ 32,308 $ 68,489 $ $ 103,687 Roll charge 5,622,158 5,622,158 Penalty '7,098 7,098 1,633 1,257 32,308 68,489 5,629,256 5,732,943 Collections (1,257) (25,303) (44,885) (5,482,170) (5,553,615) Adjustments (22) (870) (74,153) (75,045) (1,257) (25,325) (45,755) (5,556,323) (5,628,660) Balance at September 30, 2002 $ 1,633 $ $ 6,983 $ 22,734 $ 72,933 $ 104,283 - 31 - i ' OTHER INFORMATION t;:=.:. ~ .' ~ ~ ~ ; BALUKOFf LINDSTROM & Co., P.A. Certified Public Accountants 877 West Main Street. Suite 80S Boise, Idaho 83702 (208) 344-71 SO FAX: (208) 344-7435 www.blco.com i . < . INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF GENERAL PURPOSE FWANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS 1""'" Mayor and Members of the City Council City of Meridian, Idaho Meridian, Idaho We have audited the general purpose financial statements of City of Meridian, Idaho, as of and for the year ended September 30, 2002, and have issued our report thereon dated December ] 8, 2002. We conducted our audit in accordance with U.S, generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether City of Meridian's general purpose financial statements are free of material misstatement, we perfonned tests of its compliance with certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. Internal Control Over Financial Reporting In planning and performing our audit, we considered City of Meridian's internal control over , financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the general purpose financial statements and not to provide assurance on the internal control over financial reporting. However, we noted certain matters involving the internal control over financial reporting and its operation that we consider to be reportable conditions. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control over financial reporting that, in our judgment, could adversely affect the City of Meridian's ability to record, process, summarize and report financial data consistent with the assertions of management in the general purpose financial statements. Reportable conditions are described in the accompanying schedule of -33- n ! I t ; . . I , j I , ; ! ! p n 4: ~ r~ , f : \ ' L t"t ~. < ~ 'i L; t I l 1 I : kH findings as items 02-01 through 02-03. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the general purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be reportable conditions and, accordingly, would not necessarily disclose all reportable conditions that are also considered to be material weaknesses. However, of the reportable conditions described above, we consider items 02-01 and 02-02 to be material weaknesses. We also noted other matters involving the internal control over financial reporting that we have reported to management of the City of Meridian in a separate letter dated December 18, 2002. This report is intended solely for the information and use of the City Council and management and is not intended to be and should not be used by anyone other than these specified parties, ~J ~ c; W') V?a. December 18, 2002 -34- o :~-1 ~, ' I ! 1. i ! I n r. .... ~ " ~ ~ f ' I I I ! , . ! L _ I"; I l I l ....., CITY OF MERIDIAN, IDAHO SCHEDULE OF FINANCIAL STATEMENT FINDINGS Year Ended September 30, 2002 Financial Statement Findings Material Weaknesses BANK STATEMENT RECONCILIA nONS 02-01 Condition: The Wells Fargo Law Enforcement Proceeds bank account was not reconciled to the bank statement and general ledger. Recommendations: All bank accounts should be reconciled to the general ledger on a monthly basis Management Response: We agree and have incorporated this step into our monthly procedures. SEGREGA TION OF DUTIES 02-02 Condition: All utility billing persolUlel have access and authority to receipt cash, post receipts to the utility billings ledger and post adjustments to the utility billings register. Reconunendation: Policies and procedures should be implemented to segregate the cash receipt, cash deposit, billings register posting and adjustment posting functions within the utility billing department. Management Response: We agree. The Finance Department is working with the Utility Billing Department to improve internal controls. However some major procedural changes need to take place before duties can be segregated. The workflow and functions need to be altered and computer security implemented so that staff members do not have access to perform all transactions in the utility billing system. -35- fl r 1 I r--. II ,,"' .:a ~ ' i ~ ~ ) Reportable Conditions CONTRACTS n 02-03 Condition: The accounting department is not provided with all copies of contracts that affect the recording of transactions including water assessment agreements, latecomer agreements and contracts supporting accounts payable, and grant contracts. ....... I ' ! . r . I Reconunendation: Copies of all contracts affecting the financial statements should be given to and maintained by the accounting department. [" I i Management Response: We agree. The information flow from City departments concerning agreements and contracts has greatly improved over the last year but we are not at 100 percent. We should be notified when any transaction, contract, grant application or agreement that involves money takes place and this is not happening. , , i. ., r~ ! : ~>~ r I -j -36- CITY OF MERIDIAN ORDINANCE NO. 03- I t)IJ I BY: fji/I ~'J AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 1 ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS AND SECTION 2 D. SUPPLEMENTAL YARD AND HEIGHT REGULATIONS OF CHAPTER 9 OF TITLE 11 PROVIDING FOR THE ADDITION AND/OR DELETION OF LANGUAGE PERT AINING TO THE ARCHITECTURAL ENCROACHMENT TO SETBACKS IN RESIDENTIAL DEVELOPMENTS OF THE MERIDIAN CITY CODE; PROVIDING FOR CONFLICTS TO BE REPEALED, RESCINDED AND ANNULLED; PROVIDING VALIDITY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1: That Section 1 of Chapter 9 of Title 11 ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS, be, and the same is hereby amended by adding and/or deleting language pertaining to the architectural encroachment to setbacks in residential developments, and the same shall read as follows: Amend Zoning Ordinance Title 11 Chapter 9 Sections 1 and 2 D ~ Q;l .1:....-:-. (J';l~ %tn a~ .s ~ . 10< ~ ~ ~ ~ ~ t,) ~ ~ o u ~ ~ ~ ~ ~ i u (J';l '-' ~ ~ ~ ~ c ., 1"j' ~ ...... ...... '" .... ~ '" '::!. ~-:::: ~.-o ~ E; ~...... ~"g ~ C:l ~ .~ ,;; ..t;C:l~ ~ on.... ';:j'B- .p.,.... "0 (1) ~- oS ~ ~ .....\:;:...... o ...... en g 0 g '.0; Z"1 --a Q..~~ ~.c '2. .f!w'?:> ......-sl~ ~ w C:l ~ 0 0 f),) 1-'~ ~ ~ E"'(1) ..... o~en % ';:i-...... (1) .~ l:i--a~ '::) ~ (1) ~ w~ '" ....: (1) 4-' ...:::? ~ <:IS (1)......0 ~ ",.... ~~O('<'i o~e ~1r>~"O ,.g~~ .-0 ,..... 0 c:. '(j\ .~ ~ ~...... ~ ...... 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That Section 2 Subsection D. of Chapter 9 of Title 11, SUPPLEMENTAL YARD AND HEIGHT REGULATIONS, be, and the same is hereby amended by adding and/or deleting language pertaining to the architectural encroachment to setbacks in residential developments, and the same shall read as follows: 11-9-2: SUPPLEMENTAL YARD AND HEIGHT REGULATIONS: In addition to all yard regulations specified in the Zoning Schedule of Bulk and Coverage Controls and in other sections of this Title, the following provisions shall be adhered to: A. Visibility At Intersections: On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision. (See figure in Section 11-20-2 of this Title for illustration.) B. Yard Requirements For Multi-Family Dwellings: Multi-family dwellings shall be considered as one building for the purpose of determining front, side and rear yard requirements. The entire group as a unit shall require one front, one rear and two (2) side yards as specified for dwellings in the appropriate district. C, Requirements For Nonresidential Uses Abutting Residential Districts: Screening and/or other buffer requirements, as stipulated by the Commission or Council, shall be provided. Said screening at a height of six feet (6'), maintained in good condition and free of all advertising or other signs; for screening required for parking areas, see subsection 11-13-4B of this Title. (Ord. 430,4-2-1984) D. Architectural Projections: Open structures such as porches, canopies, balconies, platforms, carports, covered patios, chimneys and similar architectural projections Carports shall be considered part of the building to which it is attached and shall not project into the required minimum front, side or rear yard. (Ord. 557, 10-1-1991) Exceptions to this section are: .L The following encroachments shall be permitted in any yard: a. Open structures such as porches, canopies, balconies, platforms, covered patios, cornices, eaves or other proiections, which do not increase the volume of space enclosed by the building and do not project into any required yard more than two feet (2'). b. Chimneys. pop-out windows and other proiections which do not increase the usable floor area and do not exceed eight feet (8') in width. may proiect up to two feet (2') into any required yard. In addition. this exception shall include, but is not be limited to. direct vent gas fireplaces, entertainment centers and window seats. 2. The following encroachments shall be permitted in any rear yard: Amend Zoning Ordinance Title 11 Chapter 9 Sections 1 and 2 D a, Unroofed balcony in rear yard, provided that such balcony shall proiect no more than four feet (4') into such yard. J..o The following encroachments shall be permitted in the front yard ofR-4, R-8 and R-15 zones: a. A residence that utilizes a side entry garage may have a 15 foot (IS') front yard setback, provided that the distance measured along the inside edge of the driveway from the property line to the garage is not less than 20 feet (20'). Side entry garages located less than twenty feet (20') from the property line shall include at least one window, no less than six (6) square feet in size, facing the street. b. A 15 foot (I5') front yard setback may be permitted for a residence provided that it is designed with living space floor area that pro;ects any distance in front of the area proposed for parking. The 15 foot (15 ') setback applies to the proiected living space; required parking shall be setback 20 feet (20') from the garage face to the front lot line. c. Permitted encroachments into the front yard, as defined in 11-9-2.D.1.a and 11-9-2.D,1.b, shall be allowed in addition to the 15 foot (15') front yard setback. E. Exceptions To Height Regulations: The height limitations contained in the zoning schedule of bulk and coverage controls do not apply to spires, belfries, cupolas, pole antennas, water tanks, public utility power poles, ventilators, chimneys or other appurtenances usually required to be placed above the level and not intended for human occupancy except where height of such structures will constitute a hazard to the safe landing and take-off of aircraft at an established airport. (Ord. 430, 4-2-1984) SECTION 4. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled, SECTION 5: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this Ordinance independent of the elimination here from of any portion as may be declared invalid. SECTION 6: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding conunenced or right accrued before this Ordinance takes effect. SECTION 7: DATE OF EFFECT: This Ordinance shall be in full force and effect after its passage, approval and publication, according to law. Amend Zoning Ordinance Title 11 Chapter 9 Sections 1 and 2 D ,- I I .J:. ASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2 e - day of 7/(flU-D-r'1 , 2003. o..,J APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2B./f:. day of vaAUCl--r-fj ,2003. Attest: fi:~/Y-{J ~ \\\1111 rRobertD. Corrie \ \ \ \ II!!, \\\ Or.::: ~F__ ,I,', ...,.....\..,..1 r !:'i~:':"f"r-"~:;'"" ~.I/.i' " ' " \ "0.' . ..' ," ...... - ....:) >::" ... r:;. ~1'.H\h ,,4 ~ ~ ........' v ror... "-".-~4h .fi/ .-,.;.. ~ ~J <::A ~ _ v_ & ;: C.ity Clerk. _ "\ 10 VSr 181 ' ....0 ~.:c-O j' First Readmg: 1- 28 03> ....,...., '1 C:.... 'iV,,- "..';:- Adopted after first reading by suspension '3f,t*~rRWl.~\q:~dlb'wed pursuant to Idaho Code 50-902 Yes: X No: . . Second Reading: Third Reading: STATE OF IDAHO,) ss. County of Ada. ) On this z..~-ik day of 1aA1AAa..t<<( , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 'Ii\\llJIi1OQl'1 ",II> N S14!(;J .$'" /....~A~~-tX~ /liJ1iiJ / ~O - "-I!'(J.... '\~~c> e-C<;) I ""V. , '" '" I I P .. : : III .. , I l!l " \ I I1J 'iii \ / I1J '" ~ fom;C' I1J Q .n'.. ~ ~' OQ .. 'U', ........ ....' ~ ~.~7i:----1P $-~ Z:\Work\M\Meridian\Meridiat 'l'~~~02'002 Amendment to 11-9-2\ZA Ord 11-9-1 AND 2.doc (SEAL) ~hOJlC'Y[ ~~ NOTARY PUBLIC FOR IDAHO . RESIDING AT: Ada f!otwi""t,{,,)ddw MY COMMISSION EXPIRES: 1- ZS'-o5' Amend Zoning Ordinance Title 11 Chapter 9 Sections 1 and 2 D ADA COUNTY RECORDER J. DA( AVARRO BOISE IDAHO 02107/03 01:25 PM DEPUTY AU Larrnndo RECORDED - REQUEST OF MERIDIAN CITY AMOUNT .00 6 1111111111111111111111111111111111111 103020828 CITY OF MERIDIAN ORDINANCE NO. 03- (tl tJ 2- AN ORDINANCE FINDING THAT THE OWNER, FARMERS & MERCHANTS STATE BANK, FOR CERTAIN REAL PROPERTY HAVE MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM L-O (LIMITED OFFICE DISTRICT) ZONING DISTRICT TO C-G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE SECTION 11-7-2 K, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described property .8 acre has made a written request for a re-zone of the zoning classification for the subject Real Property herein described from L-O (Limited Office) District to C-G (General Retail and Service Commercial) District as defined urider Meridian City Code S 11-7-2 K; and Lot 2, Block 1 of An2el Park Development Subdivision and portions of North Hickory Way and East Fairview Avenue - (Said le2al description includes the adjacent ri2ht-of-way which is bein2 rezoned ANGEL PARK DEVELOPMENT (C-G) RZ-02-005 I RE-ZONE ORDINANCE - 1 also. with a total acreage of 1.39 acres.) A parcel ofland being a portion of North Hickory Way, a portion of East Fairview Avenue and all of Lot 2, Block 1 of Angel Park Development Subdivision, according to the plat thereof, filed in Book 73 of Plats at Pages 7551 and 7552, records of Ada County, said parcel located in the SW Y-t of the SE Y-t of Section 5, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho is described by metes and bounds as follows: Commencing at the Southwest Comer of the SW Y-t of the SE Y-t of said Section 5 from which the Southeast comer of said Section 5 bears South 89048'53" East 2644.16 feet; thence North 0027' 14" East 55.14 feet along the center Section line of said Section 5 to a point on the North Right-of- Way line of East Fairview Avenue; thence along said North Right-of-Way line South 89032'34" East 661.11 feet to the Southwest corner of said Lot 2 being the POINT OF BEGINNING; thence along the west boundary of said Lot 2, North 00029'33" East 227.62 feet; thence leaving said west boundary North 30003' 44" East 30.00 feet to the centerline of said North Hickory Way; thence following said centerline the next four courses Along a curve to the left 10.95 feet, said curve having a radius of 180.00 feet, a delta angle of 3029' 12" and a chord bearing and distance of South 61041 '24" East 10.95 feet; thence South 63025'58" East 136.49 feet; thence Along a curve to the right 200.58 feet, said curve having a radius of 180.00 feet, a delta angle of 63050' 44" and a chord bearing and distance of South 31030'36" East 190.36 feet; thence South 00024' 45" West 80.87 feet to the centerline of said East Fairview Avenue; thence following said centerline of East Fairview Avenue the next two courses; North 89035'05" West 214.93 feet; thence North 89032'34" West 33.12 feet; thence leaving said centerline North 00027'26" East 54.00 feet to the POINT OF BEGINNING. Said parcel contains 60,550 square feet or 1.39 acres, more or less. ANGEL PARK DEVELOPMENT (C-G) RZ-02-005 I RE-ZONE ORDINANCE -2 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions oflaw and Decision and Order granting the application for rezone and which conditions and requirements Applicant shall comply; and 3. The real property, which is the subject of this ordinance, is legally described in Section 1.1. ofthis Ordinance. SECTION 2. That the above-described Property be) and the same is hereby re-zoned and designed (C-G) Limited Office District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances) resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2t3~ daYOfJ~7 , 2003. ANGEL PARK DEVELOPMENT (C-G) RZ-02-005 / RE-ZONE ORDINANCE -3 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this .213 ~ day of .a-~~?;t. ,2003. U ATTEST: \ .... - .... .. - STATE OF IDAHO, ) ss. County of Ada. ) On this .:2'6--tk- day of ~Il/V\"~ ' 2003, before me, the undersigned, a Notary Public in and r SaId State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ttC"'''''''b ",o'PON S "'€Je, l~~OT:zf1&o (Jt!!;f'~ or- ~'"""c. Q I \ ~ '" I : m li;l I I IJ C \ , /iJ C. , , /iJ C. \ A_' C / Q 00 &~...: u.tS}...~,~~Oo<7 ~'J>~~t&---' tQ~e, ~liJ OF ,:.<1> Qml:laQ Z:\ Work\M\Meridian\Meridian 15360M\Angel Park Development RZ02.005\RZOrdinance.doc (SEAL) 8hcJloY) Srv~~ NOTARY PUBLIC FOR IDAHO .. RESIDING AT: Ad C'o.-COVvV1.~ JdCl-l--w MY CONlMISSION EXPill.ES: 'L{ -Zg-oS ANGEL PARK DEVELOPMENT (C-G) RZ-02-005 / RE-ZONE ORDINANCE -4 111111 ] II. Quadrant Con sui tin g, Inc. REZONE REQUEST LOT 2, BLOCK 1 ANGEL PARK DEVELOPMENT SUBDIVISION N AND PORTIONS OF NORTI-l HICKORY WAY AND EAST FAIRVlEW AVE. CURVE TABLE CURVE LENGTH RADIUS DELTA CHRD. BRG. CHORD C1 10.95 180.00 03"29'12" S61"41'24"E 10.95 C2 200.58 180.00 63'50'44 " 531 "30 '36 "E 190.36 ,y0l? s/lt L, J<s'1IC.t, S6'~Ofil,.. ~ ......".................... ~ ...................,. ~ """""" ~CENTERUNE \ \~ \ \ \ \ \ \ \ \ \ I ) t S8~~1~~~:-E . _ _ ___ __ __ _., __ _ ___ __ ___ _ _-r~ ~ w ~ ~~ ~. ~. I l(!j~ i: :! i-- g, Cig ~:R ~~ . SECllON LINE 33.12' 214,93' CENTERUNE EAST FAIRVlEW AVENUE GRAPHIC SCALE o 60 I I ( IN FEET ) 1 inch:::: 60 ft. .......... N <0 ~I ('oj w . n n i:n f'I o o z , \ \ LOT 2 BLOCK \ \ \ POINT OF BEGINNING t? ;--d!vn.~c.v PO 3 ~ /00 Z- CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 03- ! O(JZ ,passed by the City Council of the City of Meridian, on the t!l~ day of .Jd~4V1--tl:: ,2003, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. - - - .... .... STATE OF IDAHO, ) : ss. County of Ada, ) On this 1 <(,-th day of ACUYIJ,A.CUl1 ' in the year 2003, before me, the undersigned, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf ofthe City of Meridian, (SEAL) OtltlOUIJ4 .;.oON S () Cj~~ --~--~;~ Q~~;:;:O TAJ?;>&o O"J I "" \'<1"" c- o , \ III p , I C tl : ' iii o \ I 0 III \ ' Q o \ / t:l ... fom;C' (] "0 <J'....... J! ~' 0.0 ... ..' 4- ~ 4.> ~1iI---- tQ Q 000 OF ",q,,<lo QtI~Q'G. ~M~J SrY~ ~/~ Notary Public for Idaho Commission Expires: 1..{ - 2fS-cf5 Z:\Work\M\Meridian\Meridian l5360M\Anget Park Development RZ02-005\CertificationOfClerkRZOrd.doc CERTIFICATION OF THE CITY CLERK - RZ-02-004 ADA COUNTY RECORDER J. DAVlq".'ARRO BOISE IDAHO 02107103 01:25 PM ... . DEPUTY AIi Larrondo RECORDED-REQUEST OF MERIDIAN CITY AMOUNT .00 8 11I1111111111111111111111111111I11111 103020829 CITY OF MERIDIAN ORDINANCE NO. tJ J -- I tJ IJ J AN ORDINANCE FINDING THAT CERTAIN LAND OWNED BY KIMBALL PROPERTIES LIMITED PARTNERSHIP, MANAGING PARTNER: WlNSTON J. MOORE TO BE KNOWN AS EL DORADO BUSINESS CAMPUS LOCATED AT THE SOUTHWEST CORNER OF E. OVERLAND ROAD AND S. EAGLE ROAD AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED COMMUNITY BUSINESS DISTRICT (C-C) AND GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C-G); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BElT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-Ol-018) - 1 c-c A parcel of land located in the NE 14 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the northeast corner of said Section 20; thence, along the northerly line of said section said northerly line also being the centerline of Overland Road South 89046'25" West 1030.51 feet; thence leaving said northerly line South 00013 '37" East 202.01 feet to a point of curvature; thence Along said curve to the left, said curve having a radius of700.00 feet, an arc length of 223.84 feet, a central angle of 18019' 18", and a chord bearing South 09023' 16" East a distance of 222.89 feet; thence South 18032'55" East 108.43 feet to a point of curvature; thence Along said curve to the right, said curve having a radius of2000.00 feet, an arc length of1047.10 feet, a central angle of29059'50", and a chord bearing South 03033'00" East a distance of 1 03 5 .19 feet; thence South 78033 '05" East 278.98 feet to a point of curvature; thence, Along said curve to the right, said curve having a radius of750,OO feet, an arc length of314.43 feet, a central angle of24001' 14", and a chord bearing South 66032'28" East a distance of312.13 feet to a point of reverse curvature; thence Along said curve to the left, said curve having a radius of 350.00 feet, an arc length of 216.67 feet, a central angle of35028'09", and a chord bearing South 72015'56" East a distance of 213 .23 feet; thence South 90000'00" East 124.11 feet to the easterly line of said NE 14, said easterly line also being the centerline of South Eagle Road; thence along said easterly line North 00014'50" East 1806.57 feet to the POINT OF BEGINNING. Said parcel contains 35.66 acres, more or less, and subject to all covenants, rights, rights-of-way, and easements of record. C-G A parcel ofland located in the NE 14 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the northeast corner of said Section 20; thence, along the northerly line of said section, said northerly line also being the centerline of Overland Road South 89046'25" West 1030.51 feet to the POINT OF BEGINNING; thence, leaving said northerly line ANNEXATION AND ZONING ORDINANCE (AZ-Ol-018) - 2 South 00013'37" East 202.01 feet to a point of curvature; thence Along said curve to the left, said curve having a radius of 700.00 feet, an arc length of 223.84 feet, a central angle of 18019'18", and a chord bearing South 09023'16" East a distance of222.89 feet; thence South 18032'55" East 108043 feet to a point of curvature; thence Along said curve to the right, said curve having a radius of2000.00 feet, an arc length of 1047.10 feet, a central angle of29059'50", and a chord bearing South 03033'00" East a distance of 1 03 5 .19 feet; thence South 78033 '05" East 278.98 feet to a point of curvature; thence Along said curve to the right, said curve having a radius of750.00 feet, an arc length of314A3 feet, a central angle of24001 '14", and a chord bearing South 66032'28" East a distance of 312.13 feet to a point of reverse curvature; thence Along said curve to the left, said curve having a radius of 350.00 feet, an arc length of 216.67 feet, a central angle of35028'09", and a chord bearing South 72015'56" East a distance of213.23 feet; thence South 90000'00" East 124.11 feet to the easterly line of said NE 'i4, said easterly line also being the centerline of South Eagle Road; thence along said easterly line South 00014'50" West 845.35 feet to the southeast comer of said NE 'i4; thence along the easterly line of the SE 'i4 of said Section 20 South 00000'01" West 196.19 feet; thence, leaving said easterly line North 68020'09" West 26.90 feet to the northeast comer of Lot 34, Block 4 of Thousand Springs Subdivision No.1, as shown on the official plat thereof recorded in Book 78, at pages 8248 through 8249, Ada County Records; thence along the northerly boundary of said subdivision the following courses: North 68020' 11 " West 339040 feet to a point of curvature; thence, Along said curve to the left, said curve having a radius of250.00 feet, an arc length of 222.34 feet, a central angle of50057'20" and a chord bearing South 86011 'IT' West a distance of215.08 feet; thence South 60042'38" West 121.50 feet to a point of curvature; thence Along said curve to the right, said curve having a radius of200.00 feet, an arc length of 116.45 feet, a central angle of 33021 '36" and a chord bearing South 77023 '26" West a distance of 114.81 feet; thence North 85055'46" West 561.12 feet to the westerly line ofthe East Y2 ofthe SE Y4 of said Section 20; thence leaving said Subdivision line along said westerly line North 00011 '30" East 118.01 feet to the southwest comer of the NE Y4 of said Section 20; thence along the southerly line of said NE Y4 South 89054'39" West 84.04 feet; thence leaving said southerly line North 01042'57" East 2649.82 feet to the northerly line of the NE 'i4 of said Section 20; thence along said northerly line North 89046'25" East 20.00 feet to the East 1/16th comer common to said Sections 17 and 20; thence continuing along said northerly line, ANNEXATION AND ZONING ORDINANCE (AZ-OI-018) - 3 North 89046'25" East 298.00 feet to the POINT OF BEGINNING. Said parcel contains 52.13 acres, more or less and subject to all covenants, rights, rights-of-way, and easements ofrecord. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part ofthe City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Community Business District (C-C) and General Retail and Service Commercial District (C-G), SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 ofthis ordinance is subject to the terms and conditions of that certain Development Agreement by and $'1-:- between the City of Meridian and the owner of the land described in Section 1 dated the 2/ r day of J~7 ' 2e:;o 3 ,and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) ANNEXATION AND ZONING ORDINANCE (AZ-Ol-018) - 4 days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State ofIdaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State ofIdaho, all in compliance with Idaho Code '63-2215 and '50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this O~vvt,?L ,2003. t/' APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~TcVJv!,A.c~v1- , 2003. ~ 28/!;. day of ~ art. L:A./ ~ day of T: ANNEXATION AND ZONING ORDINANCE (AZ-OI-018) - 5 County of Ada, ) On this 2~ day of ~~ ' 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBE T D. CORRIE and WILLIAM G. BERG, JR" known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written, e,Olll'U'QilI <1-'" ON SJL:.~ ~Q<> /~~A~~~~9 IJ ,'.....0 ~ "-f(' l'. ',..<t\" IJ I~ ~ ~~~ Q"J I . \ e n I \ U tl t J l'l m I I a 1l\ I I Ili ". \ I fiJ Co \ / (;J c... .~..foBL\,?~~~q Q::- "'Jt.,,;:,--~ ...n ~:" {IoQQ-<J::lCQ1/1Y<!>$<t- Z:\Work\M\Mcridian\Meridian Is:retlNil\E'fflorado Bus Campus AZOI-OI8 PPOI.020 CUPOI-037\AZOrd.doc STATE OF IDAHO,) : ss. (SEAL) % Mffi{~nu-!?v NOTARy'pUBLI QR IDAHO RESIDING AT:CWY< MY COMMISSION EXPIRES: ANNEXATION AND ZONING ORDINANCE (AZ-Ol-018) - 6 Jd&;/w ,- 2'6-05 P.05/05 ..Jdl"l c...:j U.;l U.;I:lbl' lJ~l ~~~oor~,j( IU ~lJY CLeRK ':::Ut:l od"tc;: UU:;IC;: fl,tl ~... -- o ISO 300 I SCAI..E. '.""JOO' LINE TABLE UNE LF'N~TH BEARING l1 84-.04 S89'S4'39"W L2 11 B. 01 NOO'1'30"E L3 121.50 SSO'42'3S.W L4 .339.40 N68'20'11~W L5 26.90 N6B'20'OS-W l6 196,19 SOO'OO'01~W l7 202.01 SOO":S'37"E LB 108.43 N1S'3Z'SS*W 19 124.1 I - S90:00'OQ"W CURVE TA8LE ~URVE lENGIH RADIUS Cl 116.45 200.00 _C2 222.34 250.00 C3 22.3.84 700.00 C4 1047.10 2000,00 C5 314.43 750,00 C6 2.16.57 350.00 tJr?~~cU tf:03-ltJt73 by, JAM 2 2003 Meridian Public Works Dept. JRN 2~ '03 15:28 208 342 0e92 PAGE.0S CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G, BERG, JR., City Clerk of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 03-; COd, passed by the City Council of the City of Meridian, on the 28 'F:!: day of J ~?v1~ ' 2003, is a true and correct copy of the original of said document whi is in the care, custody and control of the City Clerk of the City of M 'd' \\\llIlIlIl/1/'f, en Ian. \\\\\ ~ U~r.. f"I, ....~' ...s" V' ......ryIDt '''''i .:- ...~ "11.- ~ / U~~6 \ j L A" () ~ ~~Ut'r-~/oL /~t 17 - ~ & 2^JILLlAM G. BERG, JR. c-,... "C!l 0 :: -;. - "'u :: ~ '() "87' 1S\ ' .,r;:: ~ ;,,; <f> 'It ~ .:;.~ 'i, 0""'1 " .-,-...r ", '1"// U");<J,;;' \\' /.,. . ,\\\ STATE OF IDAHO, ';nil,'}' ".' : ss. County of Ada, ) On this i~~ day of J.WV!AtltL\,,~ ' in the year 2003, before me, the undersigned, a Notary PLibIIf, appeared WILLIAM G, BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) \1IUOlalllQ o?o.ON S lilli1", fft/i)q,~O'TA~k<> lil~'~ ~"4\ }," """,,,$ f1 CI:i / "<V v- \:.....- "" Q , , p c ' \ 0 EI I I S n I I C 0. , I '" 11} , / l!] , .1or_' C' l'1 $<) tP"""'~ UJ:l),...'\! -:~o <:1 <>/i)~?;;,---''';;~~o c,ll>~,qOF ~o. l!]IllElIO.....'" ghCVLift S~~ Notary Public of Idah~ Commission Expires: .-lg -oS' CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN January 24, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department January 28, 2003 ITEM NO. 3-k REQUEST Agreement for Professional Services, Civil Survey Consultants - ACHD Locust Grove Road (1-84 to Franklin 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: MERI DIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: See Attached Memo / Agreement ~ 6Vr~ Contacted: Date: F~one: MatliHlQls presented at public meetings shall become property Q\ ~~~ Cl~ \1( M~~jd[an. f] 11-' H'T .fJ_i 1['. D. ; f'; ""---.J o.c:.; ~ %J:u,N , '1 2'fl ~ . '",;J ~d03 Cit~ 0"'" C,";Y IlVferidi 1l:.y Clerk. O~ 8.l1 -!-UCe To: Mayor Corrie & City Council From: Brad Watson, P.E. ;5~4..) CC: File, Gary Smith, PE, City Clerk Date: 1/23/2003 Re: Proposed Agenda Items for January 28 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the January 28 City Council agenda, on the Consent Agenda, for Council's consideration: ::?,f. 1) Aqreement for Professional Services, Civil Survey Consultants - Locust Grove Road, 1- 84 to Franklin Road. These agreements are similar to the ones the City entered into with Civil Survey Consultants on the ACHD Overland Road and Franklin Road projects. We "finish out" all water and sewer facilities and stub out services, or mains where appropriate, to all properties not currently connected to City water and sewer. We do this by have those water and sewer facilities designed by our consultant and incorporating that design into the ACHD roadway plans. The purpose of this is to 1) save money by not paying for surface repair, which we would if we did the project independently of ACHD and 2) provide services to properties ahead of the five-year no-cut pavement moratorium, The Civil Survey agreements are for design only and are lump-sum amounts. We solicited this proposal from Civil Survey Consultants because they are ACHD's roadway designer on the project. Civil Survey Consultants has completed over a dozen projects for the City in the past including well pumping facilities, water and sewer lines, parking lots and parks, A copy of the agreement is enclosed., Recommended Council Action: Award the agreement for professional services to Civil Survey Consultants, for water and sewer design associated with ACHD roadway project Locust Grove Road, 1-84 to Franklin Road in the lump sum amount of $9,555 and authorize the Mayor to sign and City Clerk to attest the agreement. (9 Page 1 2) Schrammeck Sanitary Sewer Temporarv Construction Easement Addendum - South SloUQh Sewer Proiect._ This easement, as originally signed, had an expiration date, The addendum extends the construction easement to September 1, 2003. Recommended Council Action: Approve the sanitary sewer temporary construction easement addendum with the Schrammeck Trust, Joy Moore Trustee and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. /~ . Page 2 C :L SURVEY CONSULTANTS, [NO AGREEMENT FOR PROFESSIONAL SERVICES Project No. 1'1-11$ AGREEMENT between THE CITY OF MERIDIAN, hereinafter re!erred to as the "CLIENT" and CIVIL SURVEY CONSULTANTS, INC., an Idaho Corporation, hereinafter referred to as "CSC" is made and entered into this _day of ,2003. The CLIENT and CSC in consideration of their mutual covenants herein agree as set forth below, The Client intends to construct new water and sewer system improvements in conjunction with the Ada County Highway District's project to reconstruct Locust Grove Road (1-84 to franklin), ACHD Project No. 52241.0, hereinafter referred to as the PROJECT. CLIENT INfORMATION AND RESPONSIBILITIES The CLIENT will provide to CSC a full and complete description of the PROJECT including; all design criteria, information as to CLIENT's requirements for the PROJECT, design objectives and constraints, capacity and performance requirements, flexibility and expandability needs, any budgetary limitations, and copies of all design and construction standards which CLIENT will require to be incorporated in the Drawings and Specil~c<1lions. The CLIENT will also provide to CSC all associated project in formation including data prepared by others; soil borings, probings and subsurface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and equipment; studies and interpretations 01' a]1 environmental assessment and impact statements; surveys of record; property descriptions; zoning, deed and other land use restrictions; title reports; other special data or consultations as may be available; all of which CSC may lIse and rely upon in performing services under this Agreement. The CLIENT will obtain permission for CSC to enter Llpon public and private property as required for CSC to perform services under th is Agreement. SER VICES TO BE PERfORMED BY CSC CSC will provide services as outlined in the attached letter dated January 17, 2003, BASIS Of FEE AND BILLING SCHEDULE The CI ient wi II pay CSC for services provided under th is Agreement per the attached letter dated January 17, 2003, Notice to Proceed, either verbal or written, shal] constitute acceptance of this Agreement by the CLIENT, THE TERMS AND CONDITIONS ARE PART OF TI.lIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS, IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. City of Meridian 33 E, Idaho A venue Meridian, Idaho 83642 Civil Survey Consultants, Inc. 100 South Adkins Wa', Suite 101 Meridian, Id 3642 BY: NAME: TITLE: ATTEST BY: NAME: TITLE: APPROVED BY CITY COUNCIL: BY: wo I of4 1/17/03 CIVIL SURVEY CONSULTANTS. INC. TERMS AND CONDITIONS GENERAL. CSC shall provide for CLIENT professional engineering and/or land surveying services for the Project described in th is Agreemcnt. These services will be performed in accordance with generally accepted professional practiccs for the intended use of the project. CSC makes no other warranty either expressed or implied, CSC shall not be responsible for acts or om issions of allY party involved in the Project other than their own. CSC shall not be responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by CSC, CSC has not been retained to supervise, direct or have control over Contractor's work. CSC speci fically cloes not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. According]y, CSC can ncither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s) failure to furnish ancl perform their work in accordance with the Contract Documents. The CLIENT understands and agrees that subsurt~lce and soils characteristics may vary greatly between successive test points and sample intervals. CSC will coordinate this work in accordance with generally accepted practice of the professional services being provided and makes no other warranties expressed or impl ied or as to the professional advice furn ished by professionals providing soils testing or geotechnical advice, Resetting of survey and/or construction stakes sha]1 constitute extra work and shall be paid for on a time and material basis in addition to any other payment provided in th is Agreement. OPINIONS OF COST - CSC may be asked to provide opinions of construction or PROJECT costs as part of the professional services under th is Agreement. The CLI ENT understands and agrees that CSC has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding 01' market conditions. The CLI ENT understands that CSC opinions of cost are based on CSC experience and represents CSC's judgment based on that experience, but CSC docs not guarantee or warranty that either quotes, bids or estimates prepared by contractors, subcontractors or other will not deviate from opinions prepared by CSC. The CLIENT agrees to employ an Independent cost estimator if the CLI ENT desires additional assurance, warranty or guarantee of' PROJECT costs, Should the CLIENT request that CSC modify any PROJECT aspect to reduce construction costs, then those services shal] be considered additional and beyond the scope of this Agreement unless specifically stated otherwise in this Agreement. REUSE OF DOCUMENTS - CSC shall retain an ownership interest of all professional products prepared by CSc. The CLIENT agrees that no product will be reused without specitic written permission of CSC. The CLIENT "agrees to indemnify and hold CSC harmless from any claims, damages, losses and expenses arising from unauthorized reuse of' all work products prepared by CSC for the PROJECT. GOVERNING LA W - Unless otherwise provided in an addendum, the law of the State of Idaho will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement. SUCCESSORS AND ASSIGNS - CLIENT and CSC each is hereby bound and the partners, successors, executors, administrators and lega] representatives of CLIENT and CSC are likewise bound to the other party to this Agreement, In respect of all covenants, agreements and obligations of this Agreement. Nothing under this Agreement shall be construed to give any rights or benetits in this Agreement to anyone other than CLI ENT and CSC, and all duties and responsibi lities undertaken pursuant to this Agreement wi I] be for the sole and cxclusive benefit of CLIENT and CSC and not for the benel1t of any other party, TIMES OF PAYMENTS. CSC shall submit monthly statements for services renderecl and for Reimbursable Expenses incurred. CLI ENT shall make prompt monthly payments. If CLI ENT fails to make any payment due CSC for services and wo 2of4 1/17/03 expenses within thirty (JO) days after :ipt of esC's statement therefor, the amounts( CSC will be increased at the rate of I.SIYn per month from said tenth day, and in add ition. CSC may, aner giving ten days' written notice to ell ENT. suspend services under this Agreement until ese has been paid in full all amounts due for services, expenses and charges. TERMINATION - The obligation to provide further services under this Agreement may be terminated by either party upon thirty days' written notice. Such termination shall be based upon substantial lack of performance by the other pany under the terms and conditions of this Agreement when said substantial lack of performance is through no fault of the terminating pnrty, r l' this Agreement is term inated by either party. esc shall be paid for services rendered nnd for reimbursable expenses incurred to the date of such term inntion. HAZARDOUS WASTE AND ASBESTOS - The CLIENT and cse agree that the work covered in this Agreement docs not anticipate either the presence or remediation of hazardous waste ,md/or asbestos. Hazardous materials may exist where there is no! reason to believe they should be present. CSC and the CLI ENT agree that the discovery of unanticipated hazardous materials constitutes a chnnged condition mnndating a renegotiation of the scope of work or termination of services. CSC and the CLI ENT also agree that the discovery of unanticipated hazardous mnterials may make it necessary for CSC to take immedinte measures to protect human health and safety, andlor the envirollment. CSC agrees to notify the CLIENT as SOOI1 as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The CLIENT encourages CSC to tnke any and all measures that in CSe's professional opin ion arc justified to preserve and protect the health and safety ofCSe's personnel and the public, andlor the environment, and the CLIENT agrees to compensate CSC for the additional cost of such work. [n addition, the CLIENT waives any claim against CSC, and agrees to indemnify, defend and hold CSC harmless from any claim or liability for injury or loss arising from CSC's encountering unanticipated hazardous materials or suspected hazardous materials, The CLIENT also agrees to compensate CSC for nny time spent and expenses incurred by CSC in defense of any such claim, with such compensation to be bnsed upon CSC's prevailing fee schedule and expense reimbursement policy. DISPUTE RESOLUTION - All claims, disputes or controversies ansll1g out oC or in relation to the interpretation, application or enforcement of th is Agreement shal I be decided through non-binding mediation or other mutunlly agreed nltel'llative dispute resolution technique. The CLIENT and CSC agree non-binding mediation or other mutually acceptable alternative dispute resolution technique shall precede litigation or recourse to other judicial forums. RECOVERY OF DISPUTE RESOLUTION COSTS - In the event that legal action is brought by either party against the other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or settlement sums, i I' any, may be clue. Such legal costs shall include, but not be lim ited to, reasonable attorney's fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevai ling party and those in his or her employ in researching the issues in questions, discussing matters with attorneys and others, preparing for depositions, responding to interrogatories, and so on. The value of time spent and the expenses incurred shall, on CSC's part, be computed based upon CSe's prevailing fee schedule and expense reimbursement policy relative to the recovery of direct project costs. EXTENT OF AGREEMENT - This Agreement represents the entire and integmted agreement between the CLIENT and CSC and supersedes al! prior negotiations, representations or agreements, written or oral. The Agreement may be amended only by written instrumcnt signed by both CLI ENT and CSc. wo 301'4 1/17/03 Glenn ho Benllctt. I'J.,S. Presidcnt Civil Survey Consultants, Inc. 100 South Adkins Way Suite 101 Meridian, Idaho 83642 (20S)SSS-~J 12 Ll\ X~U':.0323 Till10thy ^ Burgess. Pi: Viee President CIVIL SURVEY CONSULTANTS PREVAILING FEE SCHEDULE EFFECTlVE OCTOBER 1,2000 Labor: Project Manager Chief of Surveys Project Engineer Design Engineer Design/Survey Technician] Design/Survey Technician 2 2-Man Survey Crew 3-Man Survey Crew - $ 80.00 per hour - $ 80.00 per hour $ 65.00 per hour $ 60.00 per hour $ 55.00 per hour $ 50,00 per hour $ 95,00 per hour $150,00 per hour Direct Expenses: GPS - $ Vehicle 2-WheeI Drive - $ Vehicle 4- Wheel Dri ve - $ Outside Printing - $ Long Distance Telephone - $ Sub-Consultants - $ 40.00 per hour No Charge No Charge Cost Cost Cost WO 401'4 1/17/03 Glenn K Bcnnct!. PI.S Prcsident Civil Survey Consultants, Inc. 100 South Adkins Way Suite 10 I Meridian, Idaho 83642 (2ng)ggS.~312 Fa~ S88.0323 Timothy 1\ Burgcss, I'J:, Vicc Presidcnl January 17,2003 Brad Watson, P ,E. City Engineer City of Meridian 660 E. Watertower Meridian, ID 83642 Re: Locust Grove - Water and Sewer Improvements In Conjunction With ACHD Projects Dear Brad: The following is a detailed scope of services to provide professional services for design of water and sewer improvements to be constructed in conjunction with roadway improvements on Locust Grove Road between Overland Road and Franklin Road (ACED Projects No. 52241.0 and 603012.0). The limits for this project begin at the end of the new improvements under construction on Locust Grove approximately 300 feet north of Overland Road, and end at Franklin Road, The professional services required are to prepare plans, bid schedule, special provisions and cost estimate to construct potable water and sanitary sewer improvements in Locust Grove Road as part of ACHD's roadway reconstruction project. The anticipated design elements include the following: A. WATER SYSTEM IMPROVEMENTS 1. Add approximately six new services at designated locations. 2. Extend 12"0 water main 550 LF north from north edge of the LDS church property to Franklin Road. 3, Extend 10"0 water main 50 LF east from Station 8+75, 4, Extend 10"0 water main 30 LF east and extend 8"0 water main 50 LF west from Station 13+15, 5. Extend 10"0 water main 30 LF east and extend 8"0 water main 50 LF west from Station 15+00. Watson January 17, 2003 Page 2 of3 6, Adjust approximately 6 existing valves. 7. Extend 10"0 water main 50 LF west from Station 23+80, 9, Extend 12"0 water main 400 LF east at Bentley Drive as realigned. 10. Extend 8"0 water main 600 LF south in the new access road to serve the existing homes located easterly of the new overpass. B. SANITARY SEWER IMPROVEMENTS I, From the end of the sewer line constructed by the LOS church project, extend 8"0 sewer main south approximately 450 LF south to the northerly edge of Woodbridge & Murdoch Subdivision, 2, From the end oCthe sewer line constructed by Woodbridge Subdivision, extend 8" sewer main south approximately 480 feet south to Central Drive, 3. Extend 8"0 sevver main approximately 200 LF west at Central Drive, 4, Investigate extending an 8"0 sewer main approximately 400 LF east in Bentley Drive as realigned to meet Central Drive. Design the 8"0 sewer main approximately 400 LF east in Bentley Dri ve if existing main depths allow service to this area. 5. Investigate extending an 8"0 sewer main approximately 600 LF south in the new access road to homes on the easterly side of the new overpass, Design the 8"0 sewer approximately 600 LF south in the new access road if existing main depths allow service to this area, 6. Install approximately 12 new services at designated locations, 7. Extend 8"0 sewer main 20 LF west at Station 8+90. 8. Extend 8"0 sewer main 50 LF east at Station 13+30, 9. Extend 8" 0 sewer main from the end of the existing line north of Overland and south of 1-84 approximately 60 feet north, then extend an 8" 0 sewer main east and west to the right-oC.way line in the new access roads, Watson January 17, 2003 Page 3 of 3 We will send a letter to each property owner with vacant ground adjacent to the project. The letter will ad vise them of the project. tell them the City will install a service stu b to their property at their req uest, and advise them the cost of the stub will be charged to them following completion of the work. A copy of the letter will be sent to YOll for approval of the content and wording prior to being issued, The City shall provide LIS with a mailing list for all property owners within the project limits. We will contact property o\vners with an existing structure and obtain the information necessary to design the sewer main to service their existing structure. We assume all improvements will be within public right-of.-way. This scope of services does not include preparing written easements. Should easements become necessary for construction, it shall be the City's responsibility to obtain the easements. At the City's request, we can provide vvritten descriptions based on a time and material basis as a supplement to this scope of services, Plans will be prepared following the City providing our office with electronic files of the final design submittal to ACHD, Although we are designing portions of the project as a sub consultant to HOR Engineering. our contract gives them sole ownership of the plans. We request the City obtain permission from HDR Engineering and ACHD to use the electronic l~les for utility design purposes. We will submit the plans to ACHD and DEQ for review and approval prior to construction. It will be the City's responsibility to negotiate and execute the Joint Effort Agreement for construction with ACI-ID. We propose to provide plans 22"x34" format to match ACHD's plans, We anticipate that the plan set will include a cover sheet, general note sheet, 7 plan and profile sheets. and three city standard detail sheets. The total set is anticipated to include 12 sheets, We propose to provide the Design Services as outlined above on a time and materials basis with a not to exceed amount of $ 9,555.00 without prior approval of the Client. We have enclosed a copy of our mall- hour and fee estimates for your reference, Construction staking is not included under this scope of services. Sincerely, CIVIL SURVEY CONSULTANTS, INC. r;t:~ Tim Burgess, r.E. Civil Survey Consultants Man-hour Estimate Meridian Water and Sewer Improvements in Association with ACHD's Locust Grove/Overland Intersection Project Task Description Proiect Project Technician I Technician" Total Manager Engineer Design 1. Coordination and MeetinfTS 4 4 4 12 2. Cover Sheet (1) 4 4 3. Plan and Profile Sheets (7) 3 50 53 4, General Note Sheet (1) 1 4 5 5. Standard Detail Sheets 4 4 6, Special Provisions & Estimates 2 16 4 22 7. ACHD Coordination 4 4 8. Property Owner Coordinantion 8 16 24 9, Review and Approval 4 8 12 24 Design Total Man.Hours 13 91 0 48 152 Meridian. Utillty.xls Civil Survey Consultants Design Fee Estimate Water and Sewer Improvements in Association with ACHD's Locust Grove/Overland Intersection Project Classification Hours Rate Total Project Manager 13.00 @ $80.00 = $1,040.00 Project EngIneer 91.00 @ $65.00 = $5,915.00 Technician I 0,00 @ $55,00 = $0.00 Technician II 48,00 @ $50,00 = $2,400.00 Labor Subtotal 152.00 $9,355.00 Classification Hrs/Miles Rate Total Misc, Printing $200,00 Direct Subtotal $200.00 Total Design Fees $9,555,00 Meridia n. U ti I ity.xls January 24, 2003 MERIDIAN CITY COUNCIL MEETING January 28, 2003 APPLICANT Public Works Department ITEM NO. ~ - B - L REQUEST Agreement for Professional Services, J-U-B Engineers - Black Cat Sewer and Lift Station: 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 Memo / Agreement fJl~,;-V Contacted: Date: Phone: Materia[s presented at public meetings shall become property of the Clty of Meridian. To: Mayor Corrie & City Council From: Brad Watson, P.E. /~tJ CC: File, Gary Smith, PE, City Clerk Date: 1/23/2003 Re: January 28 City Council Meeting: Black Cat Sewer and Lift Station Project- Proposed Engineering Agreement j '\.N ') ,\ ')003 ,hi '- ,1 '4 City Of Meridian City Clerk Office Due to the magnitude of this item, I request that it be placed on the January 28 City Council regular agenda under Department Reports. Public Works staff will make a brief presentation and answer any questions you may have. AQreement for Professional Services - JUS EnQineers, Black Cat Sewer Trunk and Lift Station Proiect. This agreement is probably the largest professional services contract ever considered by the City of Meridian. The agreement is the next step to the Ten Mile Interchange Sewer Study presented to Council last spring. The contract includes four major divisions of work: 1. Gravity sewer trunk design 2. Lift station and pressure sewer design 3. Easements, public involvement & private development coordination 4. Project financing This project was included in the Public Works (Wastewater portion) FY '03 budget as Enhancement No. 11, During FY '03 budget preparation, we developed a very rough design budget of $400,000. Since then we issued a Request For Proposals and, after much deliberation, selected JUS Engineers to negotiate with, Staff has been working withJUB for several months to refine the scope of services and specifically delineate the bounds of the project. The total proposed agreement amount breaks down as follows: 1, Sewer Trunk Design (lump sum): 2. Lift Station Design (lump sum): $237,467 $249,517 @ Page 1 3. Easements, etc. (time & materials): 4, Proiect FinancinQ (time & materials): Total: $145,915 $21.541 $654,439 Task Descriptions 1. Sewer Trunk DesiQn. Includes 21 ,BOO lineal feet of gravity sewer and 12,000 LF of pressure sewer design. Task includes "on-the-ground" surveying along pipe alignments as well as other section line roads where water mains may also be installed. We anticipate completing the water line design (approximately B,OOO LF) in-house and possibly including it within the Black Cat project, 2. lift Station DesiQn. The lift station will be designed to ultimately serve B,OOO acres with a build-out population equivalent of approximately 70,000. The station will be designed in such a way that it can be up-sized to match actual flows at minimum cost. 3. Easements, Public Involvement & Private Development Coordination. As we have leamed on recent projects, easement acquisition takes much effort and coordination. During the preliminary sewer study, we explored the possibility of relocating much of trunk sewer in existing right-of-way but it tumed out to be a higher cost. This task also includes open house type meetings for property owners and residents of the area as well as design coordination meetings with private development. Finally, this task includes inter- agency coordination (DEQ, ACHD, IDWR, NMID, Bureau of Reclamation, Union Pacific Railroad and possibly ITD), 4. Proiect FinancinQ. This task provides for the formation and coordination of a stakeholder financing steering committee, We anticipate this committee would include one Council member, the Finance Department, several property owners or developers and, hopefully, the City's legal staff, With this agreement, we are also advising the City Council that we will be seeking an amendment to the Wastewater budget to cover all current sewer line commitments and those expected within the current fiscal year. We currently project the increased budget amount to be approximately $500,000. Please see attached spreadsheet. Please be aware, however, that not all of these funds would be expended in FY '03. This project will be one of the largest the City of Meridian has ever undertaken. We look forward to it realizing it will take an extraordinary amount of staff's, and even the Mayor's and Council's, time and effort over the next several years. Recommended Council Action: Approve the proposed agreement for professional services with JUS Engineers for the Black Cat Sewer and lift Station Project for not-to-exceed amount of $654,440 (lump sum amount- $403,467; time & material amount-$167,456; optional amount-$33,(62) and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. Please do not hesitate to contact me if you have any questions, comments or concems about this project. ;r5r4 @ Page 2 BLACK CAT SEWER & LIFT STATION PROJECT Lump Sum T&M Optional Task Subtask Description Amount Amount Amount Total A Project Meetings $7,893 $7,893 B Lift Station & Pressure Sewer 1 Site Visits $982 2 Predesign Report $76,541 3 LS Site Selection $5,831 4 LS Preliminary Design $55,650 5 LS Final Design $138,981 6 Add. Services - Optional LS Components $33,662 $277,985 $0 $33,662 $311,647 C Trunk Sewer 1 Predesign $7,104 2 Preliminary Design $56,980 3 Final Design $111,253 4 Agency Coordination & Permitting $25,070 5 Pine Street Sewer Extension $17,045 6 Franklin Rd. Surveying $8,241 7 Black Cat Spot Surveying $1,664 $175,337 $52,020 $0 $227,357 0 DEQ Approvals $3,909 $3,909 Easements, Public Involvement & E Private Development Coordination 1 Easement Acquisition $56,186 2 Public Involvement $13,184 3 Private Development Coordination $12,723 $0 $82,093 $0 $82,093 F Project Financing 1 Steering Committee $15,106 2 Stakeholder Workshops $6,435 $0 $21,541 $0 $21,541 --.._ 1III1It_1lII1A_1:iI1lr_...____ ___11I________"'11II _1III1II_1II__III.111__IIIII_Iit__Ita'_IIIG _1lI__ . . . Lump Sum T&M Optional . Amount Amount Amount Total PROJECT TOTALS: $453,322 $167,456 $33,662 $654,440 . 69.3% 25.6% 5.1% 100.0% . . . __...... _ _ III _ lit... _.. a _..... _... _ _ __ _"'" _ m M _ "'. _ a 11I_ _Ill_III, 11_ Ill" _... llt _... Ita _.. "'" _ _lid _......_ 1/23/2003 Public Works/Brad_W/Sewer/Black Cat/scope %of % of Const. TASK Total Total Cost A Project Meetings $7,893 1,21% 0.15% B Lift Station & Pressure Sewer $311,647 47.62% 5.85% C Trunk Sewer $227,357 34,74% 4.27% 0 DEQ Approvals $3,909 0.60% 0.07% Easements, Public Involvement & Private E Development Coordination $82,093 12,54% 1.54% F Project Financing $21,541 3.29% 0.40% $654,440 100.00% 12,28% Project Summary Ten Mile Diversion Trunk-10100 LF Black Cat Trunk - 11,700 LF Total Est. Construction Cost: Design Fee: % Design FeelConstr. Cost: Estimated Constr. Cost $830,500 $2,185,700 $3,016,200 $227,357 7,54% Lift Station Pressure Sewer - 12000 LF Total Est. Construction Cost: Design Fee: % Design FeefConstr. Cost: $1,196,000 $1,117,000 $2,313,000 $311,647 13.47% Total Estimated Construction Cost: $5,329,200 Overall % Design Fee/Constr. Cost: 10.1% Overall Project % 1 Constr. Cost: 12.3% 1/23/2003 Public Works/Brad_W/Sewer/Black Cat/scope Vi o o ~ w 15 i- ~ l/'I o o .... 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Q$ .g ::::I III '" 9 >- u... c:: o tIl 'ii) C c: ,2 0) rJl 'X.....c: lUQ)Q) .c~~ g (/) ()) S!. 1li .S (/)O~ :s~Q) ::;l 0 ,. o~~ (/)CO(/) NNI.O -<:t<Oo ..........1.0 <0<0'" O)O)m '"~ ('";J.U.B 11 ~ Engincc['S Surveyors PiI.anner6 J-U 3 EN INEERS, I~_c. AGREEMENT FOR PROFESSIONAL SERVICES PHK 096 J-U.B Project No.: 11873 THIS AGREEMENT entered into this _ day of January, 2003. between City of Meridian hereinafter referred to as the "CLIENT" and J-U-B ENGINEERS, Inc.. an Idaho corporation of Boise. Idaho. hereinafter referred to as" J-U-B ", WITNESSETH: WHEREAS, the CLIENT intends to desian Black Cat trunk sewer and lift station, hereinafter referred to as the PROJECT; NOW, THEREFORE, the CLIENT and J.U.B in consideration of their mutual covenants herein agree in respect as set forth below. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to J-U-B all criteria and full information as to CLIENT's requirements for the Project, including design Objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which CLIENT will require to be included in the Drawings and Specifications. The CLIENT will furnish to J.U-B, as required for performance of J-U.B 's services, data prepared by or services of others. if available, including, wlthout limitation, borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact stafements. surveys of record, properly descriptions; zoning. deed and other land use restrictions; and of her special data or consultalions as may be available, all of which J-U.B may use and rely upon in performing services under this Agreement. The CLIENT will arrange for access to and make all provisions for J.U-B to enter upon public and private property as required for J.U.B to perform services under this Agreement. In addition, the CUENTwill fumish to J-U-B: Items listed in Attachment 'B'. SERVICES TO BE PERFORMED BY J-U.B J-U.B will perform services listed in A ttachment 'A'. SCHEDULE OF SERVICES TO BE PERFORMED J-U-B will perform said services as follows: In a timely manner. BASIS OF FEE AND BilLING SCHEDULE The CLIENT will pay J-U-B for their services and reimbursable expenses as follows: As listed in Attachment 'C'. File Folder Title MERIDIAN, CITY OF - Black Cat Trunk Sewer and Lift Station Remarks: The Notice to Proceed, by the Client, verbal or written, constitutes acceptance of this Agreement. THE TERMS AND CONDITIONS, INCLUDING RISK ALLOCATION, ON THE REVERSE SIDE ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS, IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CLIENT: J-U-B: Project Manager: Phillip H, Krichbaum, P,E. CITY OF MERIDIAN NAME 33 E. Idaho Street STREET Meridian CITY 250 South Beechwood, Suite 201 STREET Boise. ID 83709.0944 CITY STATE ZIP CODE ID 83642 STATE ZIP CODE BY (Signaturel Kirby D. Vickers, f.E. Chairman of the Board NAME TITLE BY (Signature) Robert D. Corrie NAME Mayor TITLE DISTRIBUTION: While. J-U-B Corporate File Yellow - J-U-B Offfce File Pink. J-U.B Project File BY (Signature) William G, Berg. Jr, NAME City of Clerk TITLE J-UMB -02 J.U.8 ENGINEERS, Inc, Attachment 'A' - 11873 CITY OF MERIDIAN BLACK CAT TRUNK SEWER AND LIFT STATION Table of Contents: Attachment "A" - Scope of Engineering Services . Task A - General . Task B - Black Cat Lift Station and Pressure Sewer . Task C - Trunk Sewers . Task D - IDEQ Approvals . Task E . Easements, Public Involvement, and Private Development Coordination . Task F - Project Financing . Exhibit A.1 - Labor and Equipment Detail . Exhibit A-2 - Conceptual Alignments Attachment "B" - Items Provided by City Attachment "C'I w Fee Schedule City of Meridian - Btack Cal Lift SIal ion & Trunk Sewer Page. I ( Attachment 'A' - 11873 j-U.B ENGINEERS, Inc. CITY OF MERIDIAN BLACK CAT TRUNK SEWER AND LIFT STATION Attachment t'A" - Scope of Engineering Services Task A -General 1. Project Meetin~s o Attend a kick-off meeting with the City with the Owner. o Prepare and attend progress meetings, as required over the duration of the project for the purpose of updating the City, presenting information, designs, and facilitation of issues. An assumed number of meetings is shown on Exhibit A-1. Task B -Black Cat Lift Station and Pressure Sewer 1. Facility Site Research o With the Owner, complete site visits of facilities similar to the lift station contemplated. Interviews with facility operators will be arranged for each site visit. 2. Preliminary Lift Station Evaluation A. Design Flows o Assist the City to reconfirm ultimate design flows with the build-out assumptions used in "Ten-Mile Interchange Sewer Study". Re-examine as necessary for service condition of 9000 gpm. o Prepare interim flow forecasts for the purpose of evaluating phasing of the force main and lift station mechanical and electrical components. It is anticipated that two growth assumptions ( conservative and aggressive) will be used. B. Alternative Mechanical Layouts o Analyze pump service conditions ( initial, 20 year, ultimate) and preliminary size pumping units and piping. Complete a preliminary VFD analysis and determine possible pump operating schemes. Determine the ultimate number of pumping units required. o Complete preliminary layouts of mechanical equipment, piping, valving for ultimate flow conditions. Pumping configurations will include: 1. Drywell with non-clog centrifugal pumps and open-drip proof motors ( horizontal or vertical motor mounting). 2. Drywell with close-coupled non-clog submersible pumps (horizontal or vertical motor mounting). 2. Drywell with vertical line-shaft driven non-clog centrifugal pumps with open-drip proof motors placed in an elevated motor room. 3. Combination of above configurations. o Evaluate pumping layouts and preliminary pump selection with respect to: 1. Research available pump manufacturers and check references for similar project installations. 2. Solicit initial pump selection recommendations from several major manufacturers. 3. Evaluate pump selection issues such as: submergence and NPSH requirements, efficiencies, reliability, maintenance issues, bearing, seals, and seal water requirements, and other related issues. City oj Meridian - Black Cat Lift Station & Trunk Sewer Page.2 ( Attachment 'A'. 11873 j.U-B ENGINEERS, Inc. 4. Construction and life cycle costs 5. Building space efficiency, structural impacts 6. Flood protection 7. OaM issues, safety, pump removal equipment 8. Ability to accommodate phasing and expandability o Evaluate variable speed control systems ( VFD and magnetic drive systems). o Examine valving options including operation and actuator systems ( manual, pneumatic, and electric motor). Summarize relative advantages and disadvantages of major components in each valving alternative. C. Wetwell and Screening Alternatives o Complete review of trunk sewer invert elevation from the "Ten-Mile Interchange Sewer Study" to determine relative depth of inlet trunk sewers. o Investigate wetwell alternatives including: self-cleaning ogee, split or modular, and conventional. o Complete preliminary sizing of wetwell alternatives for ultimate service conditions and incorporating VFD pumping. Evaluate operating range for initial, 20 year, and ultimate service conditions. Solicit pump manufacturer's review of wetwell alternatives. o Investigate coatings or FML for protection of wetwell surfaces, at both immersion and non- immersion locations for final design. D Develop layouts to accommodate ( fine, bar rack, rock box) screening at the lift station. Summarize impacts of incorporating the screening area to the building footprint, additional costs, and oaM issues. Grit removal facilities may also be investigated. D Summarize relative advantages\disadvantages of screening at the pump station and potential benefits at the WWTP. Refer to Section G for additional pressure sewer considerations at the WWTP. D Screen wetwell alternatives with the City and select a preferred wetwell. Develop a preliminary layout drawing showing OaM access configurations, and the layout of ancillary facilities such as wash-down water, lighting, etc", D Conduct an independent QA/QC review of hydraulics, preliminary sizing and geometry of wetwell. D. Ancillary Facilities o Electrical: Preliminary Evaluation will include: 1. Primary power requirements for 20 year load forecasts and ultimate service conditions. 2. Stand-by power alternatives ( diesel, natural gas) for 20 year load and ultimate conditions. Determine preliminary sizing of generator room and related equipment. 3. Electrical controls and telemetry alarms systems. Develop a preliminary control sequence diagram. 4. UPS system, surge protection. S. Summarize issues and design considerations for electrical and control systems with Class 1, Division 1 environments, and in non-hazardous areas (motors, controls, instrumentation, lighting, etc). o HVAC: Preliminary evaluation will include: 1. Ventilation design requirements for Class 1, Division 1 environments. 2. Building environmental systems for cooling verses ventilation. 3. Conceptual sizing of primary systems for the costs estimates. 4. Siting locations of HVAC systems ( inside building, or outside slab). City of Meridian - Black Cal Lift Station & Trunk Sewer Page.3 J.U.8 ENGINEERS, Inc. Attachment 'A' - 11873 o Examine potable water supply requirements to serve the lift station and identify locations inside of building where required. o Preliminarily examine odor control facilities at the lift station. Systems to be evaluated include air scrubbers and bio-filters on ventilation equipment and oxygen injection. o Evaluate methods and facilities at the lift station to minimize odor generation from the pressure sewer. Methods to include chemical addition using on-site generation of chlorine, and direct air injection to the pipeline. Determine space impacts to building layout for these facilities. o Provide preliminary noise evaluation for stand-by power systems, and develop design recommendations for noise abatement. E. General Arrangement Layouts and Evaluation o Complete general arrangement drawings with the three (3) pumping layout options and the preferred wetwell alternative. o Complete preliminary sizing of building rooms using ultimate Sizing of equipment and OftM access. o Identify locations for equipment removal and OftM, and required systems ( hoists, bridge cranes, monorails, etc.). o Identify OftM access facilities o Complete alternative costs comparisons of each mechanical layout alternative. This will include preliminary sizing of building structural components to complete cost evaluation of structural components. o Meet with the City, screen and select preferred mechanical and building layout. F. Preferred Lift Station Building Refinements o Refine preferred lift station mechanical layout alternative to include: 1. Refine preliminary mechanical piping layout plans and sections. 2. Refine preliminary wetwell plan and sections. 3. Complete overall building floor plan(s) with approximate room sizing and layout of equipment. o Examine alternative building materials and complete preliminary architectural floor plan, and building elevations o Summarize noise abatement and odor control considerations. o Complete estimates of probable construction cost. G. Pressure Sewer Preliminary Design o Research, Control, and Topographic Survey 1. Research land monuments, plats, records of survey, right-of-way, and easements of record along the alignment identified in the "Ten-Mile Interchange Sewer Study". 2. Establish survey control along the alignment using: horizontal coordinate system, NAD 1983 translated to the Ada County G.I.S. system, and vertical control based on NAVD 1988. 3. Establish temporary construction benchmarks (T.B.M.'s) at 1000' intervals. 4. Contact utility companies prior to survey and request field locations of utilities. 5. Complete topographic survey along the alignment from ROW to ROW. where in public streets and 100' strip of land in field areas along Nine Mile Creek to the WWTP. Complete additional cross sections at waterway crossings and street intersections. Complete a site topographic survey at the WWTP at preferred discharge locations. 6. Supplement survey with field location of key utilities at the WWTP and along the alignments. 7. Complete topographic mapping and insert right-of-ways, and easements of record. Ada County G.I.S. system will be used to preliminarily insert property line boundaries. City oj MeridialT - Black Cat Lift StatiolT & Tn/lTk Sewer Page - 4 J.U-8 ENGINEERS, Inc. Attachment 'A' - 11873 o Research existing easement corridors on the Ten Mile Trunk and Nine Mile Creek, north of Ustick Road to the WWTP for possible expansion to include the new pressure sewer. o Determine easements necessary for construction - o Initiate easements acquisition procedure outline in Task E. o Develop preliminary alignments alternatives for the pressure sewer profiles. o Complete a research of available pipe materials. o Complete a phasing analysis to determine least cost alternative for implementing various pressure sewer alternatives. Parallel pipe configurations will be considered. Analysis will include life cycle cost comparison with considerations given to providing scour velocities, residence time, YFD pumping horsepower limitations, pipeline pressure ratings, redundancy etc. o Pressure Sewer Discharge Options 1. Estimate general characteristics of pumped wastewater received at the WWTP over a 20 year pressure sewer phasing timeline. 2. Provide this information to the City and the City's Consultant "Carollo Engineers" for evaluation with the City's on-going Facility Plan. 3. Meet with City and WWTP operations staff to develop routing options and corridors for the pressure sewer at the WWTP. Coordinate with the City and Carollo Engineers to obtain for routing of pressure sewer at the WWTP to accommodate future WWTP facility footprints, and significant process piping. 4. Review with City staff the sewer Master Plan Model potential routing impacts of other master planned pressure sewers discharging to the WWTP. 5. Screen alternatives with City and select preferred discharge locations. o Complete screening of alignment alternatives with the City and select preferred alignment and phasing option. Finalize selection of pipeline materials. o Contact permitting agencies to identify permitting issues. Agencies anticipated to be contacted are ACHD, NMID, and lDWR. o Initiate a pipeline transient analysis for initial and ultimate pipeline(s) and pumping configurations. o Estimate probable construction cost. H. Review of Other Utility Work o Review Ashford Greens force main requirements with the City to determine possible upgrades required and corridor requirements. o Review with City other utility improvements along the alignment that may be incorporated with the pressure sewer project. For example, constructing water main extensions for interconnecting the water systems along Black Cat Road. I. Sewer Master Plan Update in Project Area o Assist the City to update the Master Plan to incorporate the relocation of the Black Cat Lift Station. Review service to areas north of Cherry Lane and Master Plan revisions to the McDermott lift station. It is assumed that the City's model will be used by City staff modeling mapping in the service area. . J. Technical Progress Memorandums o Prepare Technical Memorandum No.1 to summarize the findings of Tasks B.2.A through B.2.C. o Prepare Technical Memorandum No.2 to summarize the findings of Task B.2.D through B.2.F. City of Meridian - Black Cat Lffi Station & Trr/nk Sewer Page - 5 J.U.B ENGINEERS, Inc. ( Attachment 'A' . 11873 3. Lift Station Site Selection A. Develop Target Lift Station Sites o Purchase one (1) additional COMPASS base aerial mapping section in vicinity of lift station. o Research land ownership in lift station area using Ada County GIS base mapping and COMPASS aerial mapping. o Meet with City and identify target sites B. Screen Lift Station Sites o J-U-B easement negotiator to meet with landowners. o Prepare a summary of landowner issues and site issues o Meet with City and screen sites. C. Site Acquisition, Easements, Legal Descriptions o Provide easement and land acquisition service as described in Task E. o Prepare legal description of lift station site. o Prepare a site boundary survey and record of survey. D. Conditional Use Permit and Public Involvement o Complete preliminary lift station exhibit drawings to assist the City in securing a conditional use permit. It is assumed that the lift station property will be annexed into the City of Meridian. 4. Lift Station Preliminary Desi~n A. Site Topographic Survey and Sitework o Complete topographic survey and prepare mapping of Lift station site plan. o Complete preliminary site design and related yard piping systems. B. Geotechnical Investigation and Analysis o Complete one (1) exploratory borings at the lift station site to a depth of at least five feet (5') below the structure. Complete four (4) borings on the Black Cat Trunk. Complete one (1) day of test pit excavations on the Ten Mile Diversion Trunk. Complete sampling, logging, and classification of soils. Obtain all necessary permits for the drilling and test pits. o Set one (1) groundwater monitoring well at lift station site, and at Black Cat Road and the UPRR. Monitor monthly during key seasonal periods. o Complete necessary laboratory strength tests to determine design foundation bearing pressures, and lateral earth pressures. o Develop recommendations for structure excavation, site dewatering, and building drainage. C. Finalize Lift Station Hydraulics and VFD Pumping Analysis o Finalize wetweLL hydraulics and complete final geometrical design of wet well. Complete an independent QA/QC review of wetwell. o Finalize VFD analysis and operating sequence for pumping units. o Finalize sizing of pumps for initial implementation. D. Preliminary Building Layout Plans (30% Complete Plans) o Complete design of mechanical systems and prepare preliminary mechanical layout of pumping equipment, piping, valving, and related facilities. o Complete preliminary design of electrical, back-up power systems, and HVAC systems. City of Meridian - Black Cal Lift Slalion & Trunk Sewer Page - 6 J.U.8 ENGINEERS, /nc. Attachment 'A' - 11873 D Complete preliminary design of electrical building plan and control PI&D diagram. D Coordinate with lPCD for determination of primary power service requirements. D Complete noise analysis and develop recommendations for final design features. D Refine architectural floor plans and building elevations. D Develop preliminary general building plans: 1. Site Plan 2. Floor plans showing room sizing and position of major equipment, mechanical piping, and environmental control systems. 3. Sectional elevations of building showing floor elevations and locations of major mechanical systems. 4. Architectural building floor plan and building elevations. 5. Building Electrical and HVAC plan. 6. PI&D Diagram D Meet with City and incorporate revisions to the preliminary building layout plans. 5. Final Design A. Pressure Sewer Final Design and Construction Package D Complete final design of pressure sewer and prepare final plan, profile sheets, detail sheets, and contract documents. D Submit 90% complete plans and contract documents to the City for review and comment. D Complete permitting with ACHD, DEQ, and NMID. D Incorporate City and agency review comments and final construction package. D Complete QA/QC check of construction package. D Complete and submit (25) sets of 100% final plans and contract documents to the City. B. Lift Station Final Design (90% Plans and Specifications) D Complete final design of lift station site improvements including fencing, site grading and drainage, surfacing, landscaping, and yard piping. ' D Complete final design of mechanical, electrical, and HVAC systems. D Complete architectural design of building and related components. D Complete structural design of building systems. D Prepare technical specifications in CSI format. D Prepare building construction plans D Meet with City and incorporate revisions to the preliminary building layout plans. D Submit plans for independent constructability review. D Submit plans and specifications of major equipment to manufacturers. C. Lift Station (100% and Final Construction Package) D Complete structural detailing of building systems. D Complete final mechanical, electrical, and HVAC modifications and City review requirements. D Final architectural plans and specifications. , D Final construction plans and develop contract documents. Submit for City review. D Submit plans to DEQ for review and approval. D Submit plans for QA/QC check. D Finalize construction with final review comments. D Prepare opinion of probable construction cost. City of Meridian - Black Cal Lift Slation & Trunk Sewer Page.7 J.U.8 ENGINEERS, Inc. Attachment 'A' - 11873 6. Additional Services ( Optional) A. Preliminary Design of Optional Components o Complete preliminary design of odor control, chemical addition, and screening facilities as recommended by the Preliminary Lift Station Evaluation and specifically authorized by the City. B. Final Design of Optional Components o Complete final design of odor control, chemical addition, and screening facilities as recommended by the Preliminary Lift Station Evaluation and specifically authorized by the City. o Employ a subconsultant to complete the final design of noise abatement systems. C if)' oj Meridian - Black Car Lift Station & Trunk Sewer Page - 8 j.U.8 ENGINEERS, Inc. Attachment 'A' . 11873 Task C -Trunk Sewer 1. Pre-Design A. Alternative Alignment Screening o Utilize the available 1 "=200' COMPASS aerial mapping and refine alignment of Ten Mile Diversion and Purdam Trunk sewers from the Black Cat Lift Station to the Ten Mile Road. Trunk alignment will be refined to based on input from the City and initial landowner meetings. Sizes and general routing of the subject trunk sewers are shown on Exhibit A.2 and summarized as follows: 1) Ten Mile Diversion Trunk: 1300' .21", 6300'-18", 2500' -12" 2) Black CatlPurdam Trunk: 8600' - 36", 3100' - 3D" o For trunk re-alignments, examine trunk depths for gravity service to the project service area. o Contact permitting agencies such as UPRR, NMID, and ACHD to determine general design issues and constraints the may affect routing will be provided under Task C, Part 4 Agency Coordination and Permitting. Research drainage and irrigation easements along the trunk alignments. o Review and incorporate preliminary plats, concept plans into the alignments. o Provide an initial screening of alignments with the City based upon City input, input from affected landowners and permitting agencies, and engineering related issues. With the City, establish a preferred alternative for final design. o Revise preliminary alignments and develop estimates of probable project costs for the preferred trunk sewer alignments. 2. Preliminary Design A. Research, Control, and Topographic Survey and Mapping o Research Ada County Surveyor's records for survey monuments to add in establishing horizontal control and include research of land monuments, plats, records of survey, right- of.ways, and easements of record along the preferred trunk sewer alignments. Horizontal coordinate system shall be based on NAD 1983 translated to the Ada County G.I.S. system. Vertical control shall be based on NAVD 1988. o Establish temporary construction benchmarks ( T.B.M. 's) and control points at 1000' intervals. o Contact utility companies ( gas, power, telephone, storm drain, cable T.V., street lighting, traffic signals, irrigation) and other utilities identified along the alignment prior to survey to request field locations of utilities and to obtain available utility mapping. o Complete topographic survey along the alignments as generally shown on Exhibit 1. Additional limits of topographic survey shall be as follows: 1) For alignments in undeveloped land areas or fields, an approximate 200-foot wide strip ofland will be surveyed with additional cross-sections as needed at waterway crossings, and along the UPRR ROW. 2) Alignments in public ROW will generally be full ROW width. Intersections shall be cross sectioned 50 feet each side beyond the alignment. Limits of the topographic survey are shown on Exhibit A-2. o Complete topographic mapping in AutoCAD 2000. The anticipated scale of the plan and profile drawings will be 1 "=50' and 1 "=5' vertical scale. Topographic features shall be depicted using standard symbols. Topographic features shall be shown on the construction plans to the extent that they are found or field located by the utility companies, such as City of Meridian - Black Cat Lift Station & Trunk Sewer Page - 9 J.U.8 ENGINEERS, Inc, Attachment 'A'. 11873 fences, utility poles, surfacing, utilities, top of bank and waterway flowlines, and include monuments of record and physical survey of monuments and property pins that are found. Property lines will be shown based on Ada County G.I.S. mapping. Where easements are to be secured, property lines shall be determined using research and field search of land monuments methods as previously described above. B. Preliminary Design of Trunk Sewers o Develop trunk alignments from the corridors identified in the Pre-Design Phase. Develop two (2) alignment alternative for each trunk and prepare preliminary line and grade layout drawings with topographical, utility, ROW, and available preliminary plats or concept plans. Easement requirements will be shown and land ownership information. o Provide a summary table listing advantages and disadvantages for each alignment alternative, and estimates of probable construction cost. Meet with the City and select preferred alignments for final design. 3. Final Design A. Basic Design of Trunk Sewer(30%) o Complete final design of the preferred trunk sewer alignments with considerations on constructability, surface disturbance, impact to drains, sanitary separations, dewatering, impacts to public traffic access, utility conflicts, construction access, serviceability checks, excavation depths, easement issues, and other pertinent design issues. Provisions to align the trunk, manholes, and stub-outs per available development plans, and preliminary or final plats will be made as specifically requested by the City. For parcels without development plans, considerations for manholes and block-out locations will be made with City direction. o Design details for construction plans. o Design full width roadway repair of Black Cat Road from the regional lift station to Franklin Road per ACHD requirements. Repair shall be limited to existing pavement widths and construction access within existing ROW's. Design shall not include considerations with roadway drainage, ultimate road width or alignment. o Perform design drafting in AutoCAD 2000 of the construction plans which will include project title blocks, City standard notes, vicinity maps, sheet indexes, north arrows, bar scales, topography, pipe size, type, slope, invert elevations, ground surface elevations, surface repair, boring details, property lines, easements, found monuments and property corners, land ownerships, survey control, pay limits, special details necessary for a biddable product. Drafting shall be completed on 22"x34" my lars, ANSI standard size "0" sheets. To the extent practicable, the 2002 City of Meridian Standard Specifications and Drawings for Construction will be utilized in the design. B. Waterway Crossings, UPPR Borings o Design drain, irrigation, and waterway crossings in accordance with P?rmitting agency requirements. The crossings will be designed using boring or open trench construction. USCOE/IDWR 404 permitting if required, is provided under a separate task - Agency Coordination and Permitting. o Crossing of the UPRR ROW with the Purdam/Black Cat and Ten Mile trunks will be designed using conventional horizontal jacking/boring, tunnel boring, or micro-tunneling. o It is assumed that no design is required for replacing irrigation or drainage structures/bridges. City of Meridian - Black Cal Lift Slation & Trunk Sewer Page. 10 J-U-B ENGINEERS, Inc. ( Attachment 'A' . 11873 C. Construction Plan Review Packages o Prepare 90% complete construction plans and contract documents. It is anticipated that two (2) construction packages will be prepared and likely include: 1) Black Cat Trunk from Lift Station to Franklin Road; 2) Ten Mile Trunk and Black Cat Trunk (remaining portion). o Prepare technical specifications in accordance with the 2002 Edition of the Idaho Standard Public Works Construction (ISPWC) format, and City Standard Specifications and Drawings. J-U.B shall be responsible for preparing special provisions necessary for the project. Contact Documents will be prepared using ISPWC standard front-end documents and City revisions. Contract documents shall be completed on a word processing system compatible with Microsoft Word, Windows 2000. Submit four (4) sets to the City for review. Provide estimate of probable construction cost. Meet with City and incorporate review comments. o Prepare 90% complete construction plans and contract document for City review and for agency review and approvals. Provide an estimate of probable construction cost. Meet with City and incorporate review comments. o Incorporate appropriate revisions as suggested by the City and reviewing agencies in the final set of plans and contract documents. Provide 25 copies of the final construction package to the City. Develop and issue to the City a final opinion of probable construction cost. D. Constructabiliy Review and QA/QC Review o Complete in-house constructabilty review of the 30% complete construction plans and contract documents. Incorporate appropriate suggestions into project design. o Complete QA/QC review of construction package prior to 100% completion. 4. Agency Coordination and Permitting A. Preliminary Agency Coordination o Coordinate alignments with the City, ITD, and ACHD to establish acceptable corridors. This is anticipated to include: 1) Determining if road or structure improvements are anticipated in the foreseeable planning period; 2) Obtaining pertinent design requirements and material specifications for proposed improvements; 3) Obtaining record drawings of improvements in the project vicinity; 4) Identifying approval time required to complete the permitting process; 5) Determining acceptable access points on ITD/ACHD right-of-way, 6) Completing the necessary utility permit application with ITD, if the proposed improvements are constructed within ITD rights-of.ways. B. Drainage/Irrigation District Coordination and Permitting o Permitting with affected irrigation and drainage districts will vary based on the final alignment of the project. J-U-B will meet with irrigation company representatives in the field to review construction related issues and determine design constraints. o For the purpose of estimating this Scope of Service, it is assumed that two license agreements will be required for each trunk ( Purdam/Black Cat, and Ten Mile Diversion). One (1) license agreement is assumed on the pressure sewer along Nine Mile Creek. Prepare the necessary license agreement applications, legal descriptions and exhibits. C. USCOE 404 Coordination and Permitting o This task encompass the design and permitting of open trench crossings of drains that may be under the jurisdiction of the U.S. Army Corps of Engineers(USCOE) requiring 404 permitting. For the purpose of estimating fees in the Scope of Services, preparation of (1) Nationwide 12, 404 permit is assumed. o Complete a field visit and with representatives from the USCOE to review project scope and waterways. The field meeting will determine if a joint 404 permitting is required. City of Meridian- Black Cat Lift Slation & Trunk Sewer Page. II j-U-B ENGINEERS, Inc, Attachment 'A'. 11873 Coordinate with the U.S. Army Corps of Engineers for crossing requirements and construction methods for preparation of a Nationwide 12, 404 permit for utility crossing or stream alterations. A wetland inventory study may be required at the crossings to define sensitive wetland areas and restoration requirements and will require an addendum to this Scope of Services. D Supplemental topographic survey will be performed at the crossing site develop a representative channel cross section. D A crossing plan, details, and specifications will be developed and 404 permit application submitted to the Corps of Engineers. D A legal description, exhibit, and easement document will be prepared and submitted to the Idaho Department of Lands(IDL) for processing. D Final design and construction documents will include permit provisions and wetland mitigation requirements. D. Union Pacific Railroad(UPRR) Coordination and Permitting D Coordinate with the UPRR to obtain utility crossing design and construction requirements. Prepare crossing exhibits and complete applications for securing permit with UPPR. 5. Additional Services - Trunk Sewers A. Pine Road Sewer Extension D Complete research, control, utility coordination, and topographic survey along the proposed Pine Road Sewer extension. Limits of the survey shall be from the Ten Mile Diversion Trunk approximately 2000 feet east as shown on Exhibit A-2 and encompass a 75- foot wide strip of land. Drafting of the topographic mapping shall comply with the services of Task C.2.A. Digital files of the completed topographic mapping shall be provided to the City. D Along the proposed Pine Road Sewer Extension, complete landowner easement negotiations and prepare the necessary easement legal descriptions. For the purpose of estimating fees, four (4) landowners are assumed. This work shall be in comply with services outlined in Task E. B. Franklin Road Survey and Mapping D Complete research, control, utility coordination, and topographic survey along Franklin Road. Limits of the survey shall be from where the Black Cat Trunk diverts from Franklin Road, east of Black Cat Road, to approximately 1000 feet east of Ten Mile Road. Width of the strip topographic survey shall encompass the right-of-way width of Franklin Road. Drafting of the topographic mapping shall comply with the services of Task C.2.A. Digital files of the completed topographic mapping shall be provided to the City. C. Black Cat Road Spot Survey D Complete a preliminary ground profile survey along Black Cat Road, approximately 2000 feet south of Franklin Road, as shown on Exhibit A-2. Natural ground data will be acquired at approximately 50' lineal foot increments using a vehicle mounted GPS survey unit. Additional field shots will be taken at drain and culvert crossings; bridges, and grade breaks. Digital files of the preliminary ground survey shall be provided to the City. Cily oj Meridian - Black Cat Lifi Station & Trunk Sewer Page. 12 J.U-B ENGINEERS, Inc. Attachment 'A'. 11873 Task D - IDEQ Approvals 1. IDEQ Permitting A. Approval Submittal Packages o J-U-B shall coordinate, prepare, and submit final construction plans, specifications and checklists for approval to the Idaho Department of Environmental Quality (IDEQ). For the purpose of these Scope of Services, it is assumed that four (4) submittal packages will be required. B. Agency Revisions o J-U-B shall incorporate applicable IDEQ review comments into the construction plans and specifications. Task E - Easements and Public Involvement 1. Easement ACQuisition A. Easement Acquisition Policy o Meet with the City and assist as needed with the development of an easement acquisition policy. D Prepare proposed procedural outlines for discussion purposes which identifies general tasks to be implemented for City approvaL Policy or procedural revisions may require amendments to the scope of services. B. Easement Identification and Preliminary Exhibits D Reconfirm easements required from preliminary alignments identified in the "Ten Mile Interchange Sewer Study" and alignment modifications from the preliminary design phase. D Prepare preliminary easement maps using available COMPASS aerial mapping, Ada County G.I.S. base mapping, and preliminary alignments. These preliminary easement maps will be used for initial property owner contact. D Research Ada County G.I.S. data base to determine parcel tax identification number, and assessed value. C. Title Reports, Appraisals, and Easement Legal Descriptions D Initiate title reports for properties along the alignment corridors and lift station sites. For the purpose of estimating fees, 15 parcels are assumed to be researched, at a cost of $200 per title report. D Employ a land appraiser, Idaho Land and Appraisal Company, or other appraiser acceptable to the City to complete necessary appraisals of the easements and lin station property. Appraisals will not be completed until preliminary alignment has been completed on the trunk sewer and a target Lift station site has been identified. Copies of the appraisals will be made for the City and subject Landowners. For the purpose of estimating fees, twelve (12) appraisals will be assumed. D Prepare legal descriptions and exhibit drawings necessary to secure easements. For the purpose of estimating fees, preparation of 12 legal descriptions are assumed. City of Meridian - Black Cal Lifi Slation & Trunk Sewer Page - 13 J-U-B ENGINEERS, Inc. Attachment 'A' - 11873 D. Landowner Meetings and Negotiations o Initial Landowner Interviews: Meet with each affected property owner to review the preliminary alignment maps, discuss easement acquisition process, confirm specific issues and concerns, request access to survey. For the purpose of estimating fees, 30 landowners are assumed. There will be two initial meetings with each landowner. Interview notes will be prepared documenting each interview meeting. o Informational Summaries: Summary memorandums will be complied during the easement acquisition process listing landowner concerns, issues, and other informational highlights. It is assumed that over of the course of the project, three (3) summary memorandums will be prepared. o Easement Negotiations: Negotiate easement provisions as outline in the established easement procedures. Employ an independent ROW agent to assist with the easement negotiations. For the purpose of estimating fees, it is assumed that 12 landowners will be contacted, and each requiring three (3) meetings. 2. Public Involvement A. Informational Meetings o Organize and conduct open house style meetings during the duration of the project to generate public and neighborhood input. Prepare meeting agenda, visual aids, hand-outs, and project informational exhibits as needed. Two (2) informational meetings are anticipated during the preliminary and final design phase with an additional two meetings prior to construction. Four (4) total public meetings are assumed. o Coordinate with lTD and ACHD to incorporate these agencies into the informational meetings. This will allow the public to be updated on issues associated with Ten Mile Road Interchange, and traffic control issues for construction on local roads. B. City Council Workshop Meetings o Assist City staff in presenting project status to the City Council. Complete agendas, summary hand-outs, exhibit drawings, visual aids, and schedules to be used for the presentations. Two (2) informational meetings are anticipated. 3. Private Development Coordination A. Coordination, Survey, and Design Modifications o Meet with private developers in the project, as specifically requested by the City, for the purpose of coordinating trunk sewer designs with private development plans. o Complete additional survey work, only when specifically requested by City to incorporate private development plans. This survey work shall be in addition to the work outlined in Task 2.A. and may include additional topographic survey, horizontal, and vertical controL o Incorporate trunk design modifications, as specifically requested by the City to incorporate private development. Task E - Proiect Financin~ 1. Steerinf! Committee A. Committee Facilitation o The City will form and select an advisory funding committee for the purpose of developing financing mechanisms. The committee is anticipated to include J-U-B ( facilitator, project manager, development engineer as required), City Public Works staff, City attorney, City City of Meridian - Black Cat Lift Slalion & Trtlnk Sewer Page. 14 J.U.8 ENGINEERS, Inc, Attachment 'A' - 11873 Council representative, City Finance Department representative, and private development representative. The committee will likely investigate the following alternatives: 1. City Financed Project with Latecomer Connection Charges 2. Local Improvement District 3. City/Private Partnership 4. Private Constructed Project o Complete an initial kick-off meeting with the committee and prepare an informational packet summarizing project components, trunk alignments, and findings from the "Ten Mile Interchange Sewer Study". o Prepare, organize, lead, and facilitate committee meetings. Prepare exhibits, drawings, agenda, and meeting minutes for each committee meeting. It is anticipated that four (4) workshop meeting will be held. B. Refinement of Financing Alternatives o Provide supporting research on financing as requested by the City. Research may include a review of similar financing methods utilized by other area communities. o Complete preliminary work to determine possible landowner assessments or cost sharing for various project phases and financing packages. This may include: 1. LID assessment for parcels north of Franklin Road to include Black Cat Lift Station, and Ten-Mile Diversion Trunk. 2. City/Private Partnership to Purdam/Black Cat Trunk 3. Other financing packages requested by the City 2. Stakeholder Workshop Meetings A. Stakeholder Workshop Meetings o Organize, lead, and facilitate with the assistance of City staff and committee members in presenting project financing alternatives to the affected landowners and private developers. Prepare agendas, summary hand-outs, exhibit drawings, visual aids, and schedules to be used for the presentations. Two (2) informational meetings are anticipated. CNy of Meridian - Black Cal Lift Slation & Trunk Sewer Page. 15 J.U.B ENGINEERS, /nc. Attachment 'B'. 11873 CITY OF MERIDIAN BLACK CAT TRUNK SEWER AND LIFT STATION ATTACHMENT "B" - ITEMS PROVIDED BY THE CITY o Provide on.going review of J.U-B's work and timely considerations of policy issues with in a time acceptable to the City and J.U.B. o Provide all informational mailings, flyers, and public meeting notices as required for the public informational work. o Provide and arrange all meeting facilities for the steering committee and public meetings. o Provide legal council as required for consultation and legal opinions of project issues on an as needed basis. o Easements and Property Acquisitions: o Authorization to acquire and pay for all costs associated with the acquisition of easements or real property. o Process payments on negotiated parcels. o City liaison person to assist with acquisition and resolution of disputes. o Boilerplate sale and purchase agreement, and other pertinent documents used for acquisition. o Easement boilerplate o Review easement offer packages o Copies of development plans, concept plans, preliminary plats, etc. as available in the project area. o Copies of existing license agreements in project area. o Pay for all permits, fees, or other payment required to secure permitting for the design and construction of the proposed improvements. o Record drawings of City facilities and other relevant City information of record in project area. o Provide WWTP personnel to locate utilities and facilities along the proposed pressure sewer alignment at the WWTP. Provide WWTP facility planning and preliminary facility designs that may effect the routing of the pressure sewer. o Assist J.U-B with sewer hydraulic modeling as outline in Attachment "A". o Provide a private development liaison/contact person. o Provide City personnel and equipment to field locate existing city facilities and other utilities that may represent a conflict to the proposed improvements. This may entail exploratory excavations to determine exact locations and depths of critical utilities prior to design. o Assist J.U.B with the facilitation of the financing steering committee, stakeholder meetings, and City council workshop meetings. City of Meridian - Black Cal Lift Slalion & Trunk Sewer Page - I J.U.B ENGINEERS, Inc. Attachment 'C' . 11873 CITY OF MERIDIAN BLACK CAT TRUNK SEWER AND LIFT STATION ATTACHMENT "c" - FEE SCHEDULE Basis of Fee and Billing Schedule The City shall pay J.U.B for its services and reimbursable expenses as follows. A detailed labor and equipment is presented in Exhibit "A.1": Task A - General co Task A.1 - Project Meetings Time and material basis with an estimated budget of .......................................$7,893 Task B - Black Cat Lift Station and Pressure Sewer . Tasks B.1-6. 2( except B.2.G)- Preliminary Lift Station Evaluation Lump sum price of ................................................................................ $43,041 co Task B.1.G - Pressure Sewer Survey and Preliminary Design Lump sum price of ................................................................................ $33,500 . Task 6.3 - Lift Station Site Selection Time and material basis with an estimated budget of .......................................$5,831 . Tasks BA -B.5( except B.S.G) . Lift Station Preliminary and Final Design Lump Sum price of .............................................................................. $166,000 . Task B.5.G - Pressure Sewer Final Design Lump Sum price of ............................................................................... $28,631 . Task 6.6 - Additional Services ( Optional Lift Station Components) Time and material basis with an estimated budget of ..................................... $33,662 Task C - Trunk Sewer . Tasks C.1 - C.3 - Pre-Design, Preliminary/Final Design Lump sum price of ............................................................................... $175,336 . Task (A - Agency Coordination and Permitting Time and material basis with an estimated budget of ..................................... $25,070 . Task C.5 - Additional Services ( Optional) Time and material basis with an estimated budget of ..................................... $26,949 Task D - IDEQ Approvals . Task 0.1 - IDEQ Permitting and Revisions Time and material basis with an estimated budget of ................................:.... ..$3,909 Task E - Easements, Public Involvement, and Private Development Coordination . Task E.1 - Easement Acquisition Time and material basis with an estimated budget of ..................................... $56,186 . Task E.2 - Public Involvement Time and material basis with an estimated budget of ..................................... $13,184 City of Meridian - Black Cat Lift Station & Trunk Sewer Page. I J.U-B ENGINEERS, Inc, Attachment 'C' - 11873 . Task E.3 - Private Development Coordination Time and material basis with an estimated budget of ..................................... $12,723 Task F - Project Financing . Task F.1 - F.2 - Steering Committee, Alternatives, Stakeholder Workshops Time and material basis with an estimated budget of ..................................... $21,541 City of Meridian - Black Cal Lift Slalion & Trunk Sewer Page - 2 January 24, 2003 Pre-Council Meeting MERIDIAN CITY COUNCIL MEETING APPLICANT January 28, 2003 ITEM NO. 6 REQUEST Discussion of Building Options with Lemley & Associates, Inc.: 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: ,~~ ~ e1J't rr;1 Contacted: Date: Phone: Materials presented at public meetIngs shall become property of the City of Meridian. Junley 6- 'i5{lssociafes~ inc. 3D, Intemational 3D Ilnternational .- Chris Wendrowski Program Manager 1508 N. 13th Street Boise, Idaho 83702 T 208.345.5226 f 208.345.5254 ch r j sW@lemleyendessocietes.com www.lemleyandessociates.com Stephen M. Ehninger AlA Senior Vice President 265 East 100 South, Suite 350 Salt Lake City, Utah 84111 T 801.521.8564 F 801,355,2938 ehninger@ 3dLcom www.3dLcom t.. , . ; , , . I " ... ~I " ':0- " . " " , , ' .. ~. J :). <.',' .l-r' , . , . ,\. "). ,',~..1 I .,' ,. h , ~, >'.~ ' " :'. ,....1 .t',' ~r ','. , . .', I .~ , , , '. I". . , \.,., " " ... ~r I,"} ,.1. . , " .> ..~ . , ( 'f..."f:}, . /, Ie '~ , ~ . ~ ' i ., ~ i _\ Ii,. , , ",I .';-,,',.",",J'-L,'r .;, '" ;r I' ( " . ',. J , I ~ . I'f., , I .J}ptlcy 6- , f:??jssoclatcsf HIe. 3D International ~.U"";''''o~. ....-,':"\'- ~ ..,....... ,~A ~ ,'" 3D International Chris Wendrowski Program Manager 1508 N. 13th Streel Boise, Idaho 83702 T 208,345,5226 F 208.345,5254 ch ri sW@lemleyandassociates.com wwwlemleyandassociates.com ~,- ',~ --;'''' _..,"",~-,,; l;-o.l\."~""" "'.' -.,-"'.,\'~"'\:- ~.:-"....=-;.,.~,~;~ ''':: "" ~, ; . J. , " ~ . 1 r ~. If l ,) t. , t "'l ~ : ~.)~ ~:\.~~' )~~-;c.c~~ ,~~ 'I;lj, ~ ~', J, (0" .;., :~ ~ ~'//i-i\~"(~ f:~i~t:::; . . I . /. ~: ,~-..'~ , ' ... _..,.... ~ ~ _,+--_,__._______ ___P". ------- .._~ ~-~--t=:"'~ -~-.-....--:J'~~ ., , '. , , ',' Stephen M. Ehninger AlA Senior Vice Presidenl 265 East 100 South, SUlte 350 Sail Lake City, Utah 84111 T 801.521.8564 F 801.3552938 ehnlnger@3dLcom www.3di.com " " '" ~, . " ), .,J: . : ,~ t,' : ~ 'I ~ . , '..;. )1'" , .t. \ . ~ ..: \ ~ -' j, '. ~ '.. . ,I .~.' .~" ~~: .' ;1',.;" ',~ ') :, 'I. .>/1./ );.," ,', , , .' I ,( January 24, 2003 Pre-Council Meeting MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Cash Receipt Policy: January 28, 2003 ITEM NO. 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: SmLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: lP~" ) ro r ~~"-r jJ~j rt5 See Attached Cash Receipts Policy from Finance Department OTHER: Contacted: Date: Phone: Materic[s presented at public meetings shall become property ofthe City of MeridIan. CITY OF MERIDIAN CASH RECEIPTS PROCEDURE DEP ARTMENT OF FINANCE Adopted Purpose All money collected anywhere by the City of Meridian should be handled and accounted for using procedures that are based on the principals of good controls and in accordance with generally accepted accounting standards. Definitions Internal Control: Measures employed for the purpose of safeguarding resources against waste, fraud, and inefficiency: promoting accuracy and reliability in accounting and operating data: encouraging and measuring compliance with policy and judging the efficiency of operations. Cash internal controls provide assurance that: · All cash that should have been received was in fact received and recorded promptly and accurately. · Cash disbursements have been made only for authorized business purposes and have been recorded promptly and accurately. · Cash on hand and in the bank: is accurately stated and subject to appropriate safeguards. Cash Receipts: Receipt of coin, currency, checks, warrants, money orders, cashier checks, or EFT wire transfers. Generally Accepted Accounting Standards: Conventions, rules, and procedures necessary to describe accepted accounting practice at a particular time. The objective is to record and report financial data to accurately reflect an organizations financial condition. Governmental Accounting Standards Board: The authoritative board that issues generally accepted accounting principals for state and local governments. 1 1. Basic Guidelines for All Departments A. Every walk-in customer who delivers cash or checks must be given a receipt. B. Accounting will distribute receipt books. Receipt books will be pre- numbered and three part. When customers pay in person, one part will always be given to the customer, one part retained with the cash, and one part retained in the receipt book. The Treasurer will record starting numbers of assigned receipt books. The Treasurer will test receipt books to see that all receipt numbers are accounted for. C. The physical custody of cash must be separate from the entry or recording of cash in the accounting or billing system. D. Daily cash receipts must be reconciled to daily account postings. E. All bank statements must be reconciled monthly. F. The Finance Director will review and sign off on all monthly cash reconciliati on's. G. Cash deposits should be made daily and must be made no less frequently than weekly. H. When a receipt is voided, one part is retained in the receipt book, and the other two parts are to be sent to accounting with the daily deposit. 1. Every cash receipt location will post a sign that says "Remember to ask for a cash receipt!" J. No employee checks will be cashed. No checks are to be written to the City that requires cash back. II. Municipal Utility Billing Department The Municipal Utility Billing Department (MUBS) bills and collects monthly sewer and water sales, and miscellaneous billings. MUBS billing system is CASELLE. This system does not electronically interface with the accounting system; entries into the accounting system are entered manually. A. Counter Receipts 1. Any MUBS employee can take counter receipts. The employee enters the receipt in the Billing system and generates a two-part computer receipt. One copy is given to the customer the other copy is retained. 11. Cash and/or checks may be put into the drop box. The receipt is the statement. Leaving currency and coins in the drop box is discouraged. 2 111. At the end of the day the counter and drop box checks are added to the mail receipts to make up the daily deposit. B. Mail Receipts 1. Opening mail is assigned to the Customer Service Representative position, but in their absence might be opened by any MUBS staff person. 11. The Customer Service Representative opens the mail, writes the account number on the check, and stacks the check and receipts together. The Customer Service Representative runs two tapes on each stack of checks, verifying that the totals equal, initials and dates the tapes. 111. The checks, tapes, and receipts are given to the Data Entry Operator to enter. The Data Entry Operator enters the receipts into the Utility Billing System and compares the computer total to the check total. Once the computer total equals the tape total the Data Entry Operator initials the tape "entered by" and the date. Once both totals agree the checks, tapes, receipts, and computer generated receipt report are returned to the Customer Service Representative who scans the checks and receipts. VI. The Customer Service Representative posts and updates the day's receipts in the Utility Billing System. The Cash Receipting module updates into the Utility Billing module. Vll. The Customer Service Representative locks the day's cash and receipts in the fireproof safe. C. Daily Reconciliation i. At the end of the day the Customer Service Representative opens and balances the cash drawer. This person does not do any data entry. 11. The Billing Manager or Billing Administrator compiles the day's checks and cash and prepares the bank deposit. The-- cash is generally deposited the day after receipt. The Billing Manager or the Billing Administrator verifies that the check and cash deposit agrees to the Billing System cash report. They make sure that the cash total on the deposit equals the systems cash total and the check total on the deposit equals the systems check total. 3 D. Bank Deposit 1. Once the cash and checks are reconciled to the system the money, the calculator tapes, and the reconciliation are given to the Payroll Accounting Specialist. The Payroll Specialist takes the deposit to the bank. E. Accounting System 1. The deposit slip, the manual reconciliation form, and the system cash/checks report go to the accounting department Accounts Payable Specialist. The Accounts Payable Specialist enters the cash receipt into the accounting system, verifying the Caselle posting to the cash deposited. F. Billing Adjustments 1. Accounts can be adjusted for errors (payments entered in wrong account) or written off (banlcruptcy, not sufficient fund checks, bad debt). 11. If an adjustment is required an adjustment form is completed and given to the Billing Manager or Billing Supervisor. 111. The Billing Manager must approve all adjustments. The Finance Director must approve write-offs or adjustments of $500 or more. IV. Once the adjustment has been approved the Billing Administrator or Billing Manager in the Billing System will enter the transaction. Only the Billing Administrator or Manager has the security needed to enter adjustments. v. The adjustment will be forwarded to accounting for entry into the accounting system. No adjustment will be made unless the appropriate signatures are on the form. III. Building Department The Building Department collects license sales, Public Works review fees; impact fees, water and sewer assessments and building permit fees. Building permits are calculated and invoices generated on the PTWin system. Sales are point-to-point, no receivable generated. This system does not interface with the accounting system, entered into the accounting system manually. The Building Department maintains a cash drawer of$200. 4 A. Permits and Assessments - Building Department/Public Works 1. When assessments and building permits are sold the permit system generates an invoice. One copy is retained in the building department and the other copy is given to the customer. 11. At the end of the day the permit system generates a report with the number of permits and assessments sold the dollar amount and a total. iii. The Building Department runs a tape on the day's receipts, stamps and dates the tape, reconciles it to the daily permit report and forwards the money, the tape, and the report to the accounting department. i v. The cash drawer is balanced daily.. v. The building department will maintain all copies of the building permits. Exception - Accounting must get copies of any permits that will require the City to payout money i.e., Commercial, Park Impact (Bear Creek), and Latecomers B. Misc Receipts - Building Department/Public Works i. Non-building permits misc receipts will be included in the building department's daily deposit. ii. The building department will issue a three-part receipt, retaining one copy, giving the customer a copy, and forwarding the third copy with the money sent to the accounting department. C. Accounting System 1. The accounting department Treasurer will summarize the building department's receipts on an Excel spreadsheet and verify the tape. 11. The money will be given to the accounting department Payroll Specialist who will make the daily deposit. iii. The deposit slip is returned to the Accounts Payable Specialist who enters the deposit in the accounting system with the date of the deposit and files the documents. ' D. Month-end Reconciliation 1. At the end of the month the Accounts Payable Specialist sends the Building Department Supervisor the general ledger reports with the amounts posted to their various revenue accounts. 5 ii. The Building Department Supervisor reconciles the PTWin building permit system to the General Ledger. III. Planning and Zoning Department Service Fees - P & Z charges and collects fees for a variety of permits and services including but not limited to rezones, conditional use permits, variances, comprehensive plan amendments, plat reviews, staffs reviews and inspections. A. Once a Planner has committed to perform a particular service a Planning and ZoninglPublic Works Fees worksheet is completed by the Department Specialist. This is an Excel spreadsheet that calculates the total fee. B. The Department Specialist collects the customer's fee and writes a receipt from the pre-numbered receipt book, one copy goes to the customer, one part goes with the cash, and the third copy remains in the receipt book. C. On a daily basis the P/Z Department Specialist will add the worksheets and the cash and make sure they agree. D. On a daily basis the cash, copy of the Excel worksheet, and the receipts are given to the Building Department to be delivered to the accounting department for deposit and entry into the accounting system. E. Accounting System i. The accounting Treasurer will verify that the checks and cash equal the receipts and check for any applicable sales tax. ii. The money will be given to the Payroll Specialist who will make the daily deposit. iii. The deposit slip is returned to the Accounts Payable Specialist who enters the deposit in the accounting system with the date of the deposit and files the documents. V. City Clerk Department The City Clerk's Department receives miscellaneous receipts for items such as beer, wine and liquor licenses, liquor catering permits, permits for vendors, peddlers and solicitors, fireworks permits, massage licenses, background checks, copies and various deposits for bonding of fences, landscaping etc. 6 A. Collection of Miscellaneous Receipts 1. The City Clerk Office Staff receipts the money using a pre-numbered three-copy receipt book. The customer receives a receipt, one copy is maintained in the receipt book and the original goes to accounting with the cash. 11. On a daily basis the receipts and cash go to the accounting department for deposit and entry into the accounting system. B. Accounting System i. The accounting Treasurer will verify that the checks and cash equal the receipts and check for applicable sales tax. ii. The money will be given to the accounting department Payroll Specialist who will make the daily deposit. iii. The deposit slip is returned to the Accounts Payable Specialist who enters the deposit in the accounting system with the date of the deposit and then files the documents. VI. Parks and Recreation Department The Parks and Recreation Department collects fees for City recreation classes and for reserving park space. Payments are made with cash, check, money order, or credit card. A. When customers walk in and pay over the counter they receive a receipt, one part will be forwarded to accounting, the third copy will be retained the receipt book. B. The fees are entered into the Parks Recreation Department software. On a daily basis the summary sheet and the cash/checks are delivered to the accounting department. The accounting department makes the bank deposit and enters the cash and sales into the accounting system. The same separation 'of duties discussed above between the accounting Payroll and Accounts Payable Specialists is applicable. C. Mail receipts - Class registration and park reservations may be sent in by mail. The Parks Department Specialist enters them into the Parks Recreation 7 Department software and forwards to the accounting department for deposit and entry into the accounting system. D. Credit Card Sales - registration and park reservations can be paid for with credit cards in person or over the phone. Walk-in customers receive one copy; the other copy is forwarded to accounting. Accounting posts as a cash receipt net of the merchant fee. VII. Police Department The Police Department collects fees for parking fines, VIN inspections, false alarms, school resource officers, room rentals, copies of reports, dog tags, and impounds fees. A. Three part receipts are written for walk-in customers, one copy goes to the customer, one part will be forwarded to the accounting department, and the third copy will be retained in the receipt book. B. Fees sales are entered daily into an Excel spreadsheet. The summary sheet and the cash are delivered to the accounting department who prepare the deposit, and enter into the accounting system. C. Several software systems exist for different types of fees: 1. Parking Tickets - Entered into the Spillman Law Enforcement Data Base. 2. Dog Tags - Entered into the Petware data tracking system. 3. False Alarm Fees - Entered in a stand-alone data base system. VIII. Accounting Department - Receipt for Billed Invoice A. Any service provided by the City that is not paid at the time of service must be invoiced. Departments may prepare their own invoices but must send them to accounting to be entered into the accounting system and reported as account receivable. Accounting will mail invoices to the customer. . B. Invoices should be sent to accounting electronically. Accounting will ensure that the customer is directed to send the cash to City Hall, the return address is correct, dollar amounts are calculated correctly, and the invoice is numbered. 8 C. Examples of services billed through the accounting department include latecomer's agreements, sewer and water assessments, dog licenses, overtime inspections, and septic dumping. D. When payment comes to the accounting office the Accounts Payable Specialist will write a two-part receipt. The original goes with the check to the Payroll Specialist who prepares the bank deposit; the yellow copy is attached to the invoice and filed. E. The Payroll Specialist makes the deposit, and returns the deposit slip to the Accounts Payable Specialist who enters the payments in the accounting system. F. Reconciliation 1. Bank Statements - payroll, money market, and checking account. The Treasurer is responsible for balancing monthly bank statements. 11. After completion of the reconciliation the Accountant will enter the interest and any adjustments. Adjustments include: NSF: Accountant will post into the suspense account #14100, make a copy and give to appropriate department Municipal Billings- posts the NSF check back into their accounts receivable system CASELLE as a billing adjustment Building Department- puts hold on the building certificate of occupancy until payment for the returned check is received. EFT payments Interest Earnings Bank Fees 111. The Finance Director must review and sign off on the cash reconciliation's. G. The Finance Director reviews cash and investment accounts on a monthly basis. 9 January 24, 2003 MERIDIAN CITY COUNCIL MEETING January 28, 2003 APPLICANT Public Works Department ITEM NO. 3- 1 REQUEST Waterline Easement. Charter High School Medical Arts Building in Education Campus Subdivision - Joint School District NO.2: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo / Easement ~ ~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the CIty of Meridian. .RECEIVED JAN 232003 City Of Meridian City Clerk Office To: Sharon Smith, Deputy City Clerk From: Gary D. Smith, PE CC: file Dat.e: January 22l 2003 He: Water & Sewer line Easements Sharon: I would appreciate it if you could place the following two (2) easements on the next City Council meeting (January 28) Consent Agenda for approval: 1. Waterline Easement - Platinum Point Building located in the Silverstone Commercial Subdivision. This provides access for city ownership and maintenance of a 6" diameter fire hydrant supply line. ~ 2. Water & Sewer line Easement - Charter High School Medical Arts Building on the Education Campus located on the east side of Locust Grove Road, north of Ustick. This easement provides access for City ownership and maintenance of a water main line and sewer line to serve this building. Thank you, and if you have any questions please call. GaPC/ From the desk of... Gary D. Smith, PE Public Works Director Meridian Public Wor!<s Department 660 E. Walertower Lane, Suite 200 Meridian, Idaho 83642 lit Page 1 (208) 898-5500 Fax: (208) 887-1297 ~ olTH. WATER MAIN EASEMENT THIS INDENTURE, made this _ day of _, 20_between the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE A TT ACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HA VE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSL Y UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance, However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to pe placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished, Water Main Easement Page I EASEMENT.doc WATER ( THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ~AT~;),d~ President ~5 Secretary ~ STATE OF IDAHO) ) SS County of Ada ) On this 14+.h day of JttvI>>AtU-, 20Q,2, before me, the undersigned, a Notary Public in and for said State, personally appear~d C-/rIvi?tiltlc DoVU'lciL and MA.J.,i~Vl~j,JJ..4-, known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist ab~~U~/', "....'C>~ A. Dr.:~'", .t ~ ...... I} "'~ ~ ~y 0.. 0 ~ ~_ 0'7-:' : ~ ~OT A.R'y .~ ':t-:. ~ 0 . .." _Oel> : '* E \'" PlJB\-.\C l j \~}'> eo. /,0 0 $ ~~ '1 .Oooe" ' ~.~~ ". 1'13 O' " '" "", : NOT AR Y PUBLIC FOR IDAHO Residing at '1Y1~. \.~ Commission Expires: 3 ~:<~-lJ3 GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Water Main Easement Page 2 EASEMENT,doc WATER '~ ("J- -B A ~ Engineers Surveyors Planners Project: Date: 11850 December 12, 2002 EXHIBIT 'A' EDUCATION CAMPUS SUBDIVISION NORTH WATER LINE EASEMENT A parcel of land as shown on ROS 5920, being a portion of the Southwest Y4 of Section 32, TAN., R.1 E., B.M., Meridian, Ada County, Idaho, and represented on the attached Exhibit 'B', and being more particularly described as follows: Commencing at a found aluminum cap marking the West Y4 corner of Section 32; from which a found 5/8" Iron Pin marking the center Y4 corner of said section bears South 89034'35" East, 2,654.05 feet; thence South 14023'53" East, 564.12 feet to the POINT OF BEGINNING, thence North 90000'00" East, 86.22 feet to a point; thence North 67030'00" East, 73.05 feet to a point; thence South 89038'40" East, 466.51 feet to a point; thence South 00021'20" West, 20.00 feet to a point; thence North 89038'40" West, 263.56 feet to a point; thence South 00000'00" West, 47.94 feet to a point; thence North 90000'00" West, 20.00 feet to a point; thence North 00000'00" East, 48.06 feet to a point; thence North 89038'40" West, 178.91 feet to a point; thence South 67030'00" West, 72.98 feet to a point; thence South 90000'00" West, 70.20 feet to a point; thence South 00000'00" East, 6.00 feet to a point; thence North 90000'00" West, 20.00 feet to a point; thence North 00000'00" East, 26.00 feet to the POINT OF BEGINNING. Said parcel contains 0.312 acres (13,594.40 sq. ft.). END OF DESCRIPTION Prepared by: J.U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. RMH:lhc F:\ProjectManagers\GAL\ 11850\ 11850'Sur\Admin E-mail\Descriptions\ 11850H2oNorth.doc * EXHIBIT 'B' EDUCATION CAMPU S SUBDIVISION NORTH WATER LINE EASEMENT IN THE SW 1/4 SECTION 32, T.4N.) R.1 E.) 8.M.) MERIDIAN, ADA COUNTY, IDAHO 12-12-02 W.1/4 COR SEC. 32, P.O.C. C.1/4 COR SEC. 32 , \ \ \ I , \ \ \ I , \ \ \ I , \ \ I , \ \ \ \ , I \ \ I , I \ \ I , '1jl \... .,t -!>. ~~. '.J U' ;:.3, VI, 1m 1 \ I \ \ 1 , \ I \ 1 , , I \ I , , \ [N90"OO'OOIOE \ 86.22' S00"21'20"W 1 ~ m~ \ . d~ S89'38'4Q"E 466.51' :-u \ \'\G1;~:~}-P)7"~7/77/~7/@7777777777/77/77/77777/7~.-: ~ ~'P7//77~'?;77/~~{f~{;{i:fi~/-47.8if(/~L//L/L'~{4if#W'(L./{tf{g;z~~ p (Ot2'AL.(LLLL8!.'1~o ~ ~ SOO"OO'OOIOW o t"oI] \ SG 1'2..9 ~ ~ . ~ , .. NOO"OO'OO"E' J, 47.94 l>-\. N90'00'OO"W S90"OO O~ W 48.06" 7 ~ \ 20.00' 70.20 N90"OO'OO"w--.I 500-o0'OOlOE 20.00' 0 6.00' ~ 2654.05' ---------- TIE LINE. ON L Y ~ WATER EASEMENT P.O.B. N. JL 1[" 1"= 100' F: \P,ojec IMonogc,,\GAL \' 1850\11650-Sur\Admin (-moil\O...riplions\11850No,thWole"dwg .:; () I.I\f\rt. WATER MAIN EASEMENT THIS INDENTURE, made this _ day of _' 20_between the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience ofthe Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to qe placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right.of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement Page I EASEMENT.doc WATER ( THE GRANTORS do lLv,eby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written, GRANTOR: ~/~d!~t President ~~ Secretary STATE OF IDAHO) ) ss County of Ada ) On this tliffl day of J"a.V\lAa..ry , 20QQ., before me, the undersigned, a Notary Public in and for said State, personally appeared el1Yi5t~V1~ DOH,.-,e.U and Mo.vi~V\ ~, known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, r have hereunto set my hand and affixed my official seal the day and year fist aWlwut'fiijen, ..........' h. DlJ tt"'4, ...." c., \~.......j' C' '", ,:. :"; -"fir -... ~ ~ .. ~ '-".;j,..-:' ! ~ f1 01AR)' \ : Q. ~._ it : - - ... - - ~ . 'i" PU.\t~ 0 i .. ~~ ~ '\ ~ ~\! "'<I',,~<1 ta O'f \~,,,,,,,,,,, #....~"...,,' GRANTEE: CITY OF MERIDIAN NOT AR Y PUBLIC FOR IDAHO Residing at 1YwU.~ . .JJ.... Commission Expires: 3 - ~ 7# /) 3 Robert D. Corrie, Mayor Attest by William G, Berg, City Clerk Approved By City Council On: Water Main Easement Page 2 EASEMENT,doc WATER Engineers Surveyors Planners Project: Date: 11850 December 12, 2002 EXHIBIT t A' EDUCATION CAMPUS SUBDJVISION SOUTH WATER LINE EASEMENT A parcel of land as shown on ROS 5920, being a portion of the Southwest Y4 of Section 32, TAN., R. 1 E., B.M., Meridian, Ada County, Idaho, and represented on the attached Exhibit 'B', and being more particularly described as follows: Commencing at a found aluminum cap marking the West Y4 corner of Section 32; from which a found 5/8" Iron Pin marking the center 14 corner of said section bears South 89034'35" East, 2,654.05 feet; thence South 20032'01" East, 980.73 feet to the POINT OF BEGJNNING, thence South 89038'40" East, 121.00 feet to a point; thence North 00021'20" East, 60.26 feet to a point; thence South 89038'40" East, 71.83 feet to a point; thence North 00021'20" East, 10.81 feet to a point; thence South 90000'00" East, 30.00 feet to a point; thence South 00021 '20" West, 11.00 feet to a point; thence South 89038'40" East, 47.34 feet to a point; thence South 00000'00" West, 20.00 feet to a point; thence North 89038'40" West, 129.29 feet to a point; thence South 00021 '20" West, 60.26 feet to a point; thence North 89038'40" West, 141.00 feet to a point; thence North 00021 '20" East, 20.00 feet to the POINT OF BEGINNING. Said parcel contains 0.159 acres (6,936.89 sq. ft.). END OF DESCRIPTION Prepared by: J.U.B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. RMH:lhc F:\Projectfvlanagers\GAL\ 11850\ 11850-5ur\Admin E-mail\Descriptions\ 11850H2oSouth.doc * Cl < o 0:: ~ o 0:::: C> I- en ::> u o ..J EXHIBIT 'B' EDUCATION CAMPUS SUBDIVISION SOUTH WATER LINE EASEMENT IN THE SW 1/4 SECTION 32, T.4N., R.1 E., 8.M., MERIDIAN, ADA COUNTY, IDAHO 12-12-02 W.1/4 COR SEC. 32, P.O.C. C.1 /4 COR SEC. 32 N00"21'20"E S90"OO'OO"E SOO7:1'20"W 60.26' __u__nu llE LINE ONLY ~ WA TER EASEMENT N. Jl 1(' 1 "= 200' F: \P'ojeclt.ionoge..\GAl \1 1850\1 1650-Sv,\Adm,n E-mo\l\0..c,iption.\116S0S""lhWole,.d"g ( January 24, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Finance Department REQUEST Finance Report: January 28, 2003 ITEM NO. ~j-N AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY 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: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS M~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. FINANCE REPORT December 2002 Table of Contents Report Name Long Term Investment Status I nvestments and Cash WWTP - Budget to Actual Comparison Water - Budget to Actual Comparison Utility Sales Revenue Comparison General Fund - Budget to Actual Comparison General Fund Revenue - Budget to Actual Comparison Special Service Fund - Budget to Actual Comparison Overtime Report for FY2002 Police Dept Monthly Overtime Fire Dept Monthly Overtime Vacant Position Report Capital Purchases Report - General Fund Capital Purchases Report - Enterprise Fund Amendment MIP - Statement of Revenue & Expenditure Reports 1 of 16 RECEIVED JAN 23 2003 City Of Meridian City Clerk Office Page # 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 CITY OF MERIDIAN LONG TERM INVESTMENT STATUS AS OF 12/31/2002 $632,965 $3,141,003 $888,715 $1,575,550 IINTEREST BEARING ACCOUNTS PORTFOLIO DISTRIBUTION !l!l Government Bonds $4,658,222 $18,957,032 o Certificates of Deposit IlilI Advisor Money Market o Checking IIIl Money Market fmWells Fargo Bond Reserve IIIlldaho State Pool CASH & INVESTMENT TYPE. NET YIELD 0.045 0.04 0.035 0.03 0.025 0.02 0.015 0,01 0.005 o ~/~ o~ ..~ 0~ !!> "^~ ..0 0" ,,0- o~ ~1f$ (;i ,,0 . ~~ !o..~<) *0" ~0 0' ^0" ~ ,,'f' ~~0-" (\ ~o !l.v ;0.,,:>0 "f:00 ~- 0":> !<,0 o />"'" " 01 /> ~ .:;,,,-0- ?' o~ o~ 0 ~ ~i ~ ,/>'l>~ $1,037,074l $3.278,537 $704,386 Investment Account Balance by Fund o General Fund III Cap Improve Fund III Enterprise Fund o Fire Truck Fund III Latecomer Fund III Park Impact Fees $32,787.293 2 or 16 CITY OF MERIDIAN INVESTMENTS AND CASH 12/31/2002 6.00% 5.00% 94.00% w 3.00% ):2.00% 1.00% 0.00% INTEREST RATE HISTORY .:,', ..:- ~.. ~ 7... ... "~..... .~ j-.i ~.....................~........-.. '--':C',~ '. ,~~' .' .. --.:.. ..,.... '""~ 0'<::\ 0'<::\ ,0' ........~ ~ ....111 ~0 f$'''' >::> ~-s ~"8" ~'( '<;'- ~..s 00 ~'l>" "Ji9 <::/,; '<, $1.400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200.000 $0 ,,\ ,.~ i.. i.. i.. f... ~..:::,'''' ,:5J ~'O ":[;>'0 ~'O ~'O ......:::,($ 0~ (;-0 0~ 0~ , ~ 0 ~ G c:l:)- ~o ,;0 MONTH Investment Income" Budget to Actual Comparison General Special Services Enterprise COMPARISON - INVESTMENT & CASH BALANCES $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 June Q& ~& ~/ (> ,() -<;:. <0. ~% "-& r~/ oS'/- -0;. ~ ~.....o ~Ol' t-iSJ R- "-'& iSJiSJ,s> ~I' ~>' (~..... ~ Go C$ /:. (&...., (61 ~ ~ U'~ .....t/. ;0..". oa.-/). ~ % 00 Of R- <5'& k &",s> ~-1f. ~<5'~ v.." V.." ~ &1' V06. 0' 0' ~O' 1J., 3.53% 4.21% 5.04% 5.49% 3 of 16 'X-,-, ....-- ,,' ~:.... 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'0 '" ~ ~ '" CITY OR MERIDIAN UTILlTY SALES REVENUE COMPARISON FOR PERIOD ENDED 12/31/2002 Water October November December January Feburary March April May June July August September FY2002 $357,563 $203,611 $149,145 $151,301 $158,240 $146,909 $174,751 $241,894 $408.431 $363,936 $406,124 $359.824 Percentage FY200J Dollar Change Change $276,042 .$81,521 -22,80% $214,536 $10,925 5.37% $141,050 -$8,094 -5.43% WWTP FY2002 FY2003 $221,063 $240,097 $254,195 $255,736 $281,926 $235,264 $252,716 $257,080 $277 ,368 $356,038 $334,856 $346,096 October November December January Feburary March April May June July August September $324,870 $339,620 $283,145 WATER SALES REVENUE $450,000 $400,000 $350,000 $300,000 - $250,000 $200,000 $150,000 $100,000 $50,000 $0 & q,\ & >:\ ,;.. G" ,..,.2F # # >:>1> ,-s'l> _ ",.s: ov ,!,q, eft; 'f>'" '$) ~- ~o <:::P <<,fQ &~ ,\,,'1 10 )':t'" ~.f}. ;s..J.. "$ <} & ~ # ,?,-.:s !X.....fQ c:P WWTP UTILITY SALES REVENUE $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $0 & & & cl # # o O~IO q,cf' ~ Q &~ ~ 10 )':t<:." ,;.. >:\ >:>11j ,-s1> ,..p ;p ~ <(v ~.f}. ;s..J.. "$ <} & ~ # ,\,,-.:s ~IO '010'1 ~p ~11j 6 of 16 Perce ntage Dalla r Change Change $103,807 46_96% $99,523 41.45% $28,950 11,39% -'l6i- FY2002 FY2003 ..... FY2002 FY2003 z ::i' " w <{ 0 06 "iij :::l U ... (,) ~o<l; l:l-E ~>-Qi ~ OJ '1:1 III :::l l: en ill ~ Cl ~ i ! ~ ~ !i i !i. s z 0': ~ ~ ~ ~ '" ..J ~ I-- u ~~Q w a 'd;-I: '" ~~.g 0- "' "'<{0- r [JEl. I-- .; "' 0': ~# 'Jj:.~;{': ~H ~~~~ "~$ '" '" ~"~ I'l~~ w o~ ~~(<< :- i ~i ~~~ 8~r, ~~~~ ,,~~ 0 w 1) H ~ '" " ~~~ ~~8~ ~~~~ ~H~ to ~ .. ! &:1 ii~~ff SjiR :;) ~~ ;;t....:+ 0 iU g H z w :::l ::i' :J: $~U ~H~ ~~~~ <J!.~~m - " >- ~~~~ ~ <{ '" .o! QIi";::t::i ..:;.~ ~;::;:<<:i~ ~~~~ 12 iip. 0 0 '" 0 0 j~s! - '" ~ ~~~~ 2~U ~.~~~ ~U~ .... 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YO../, (1) ~ ~ "'C- S>, '7./9; (0 ~ 1/~ 0- 0>(.1, Q) ~p 0 ./0 9tq, a Q) iSlo. ./0 iSlO - ,.... 9tq, 0 ..- &-1 " u- ./6), 9v ~~ 901. 0 0 0 0 0 o Vo u..~ 0 0 0 0 0 f:Ft 0- o~ 0 0 0 0 0('" lO 0 lO ~~ lO ~ f:Ft ~ ~ ~ _0('" f:Ft f:Ft f:Ft U CITY OF MERIDIAN VACANT POSITION REPORT AS OF December 31, 2002 Date Department Job Position Filled New Vacant I Police Crime Prevention Specialist 10/1/2001 Patrol Officer ( M Shriver) 12/3/2002 Patrol Officer (R Ellis) 8/19/2002 Patrol Officer (Basic) 1011/2002 Patrol Officer (Advance) 1011/2002 Patrol Officer (Advance) 10/1/2002 Crime Analyst 10/1/2002 Records Clerk 10/1/2002 Records Clerk 9/27/2002 Iwater loperator II I 10/1/20021 IFlnance I RecreatIon 15 - 20 Seasonal I Part-Time Seasonal 1 0/1/2002 IVaries 13 of 16 Carryforward BUDGET PURCHASES Bud to Act Dopt Acct Description FY2002 Amount FY2003 YTD Variance Notes Mayor 94300 computer. desktop 1,500.00 1.562.62 {62.(2) replace #48 96001 CIP. Municipal Center 75.000.00 75,000.00 for design and reviews Finance 94200 desk & chair 1,200.00 1.200,00 IT coordinator Finance 94300 computer. desktop 1,500.00 1,200,66 299,34 replace #463 Finance 94300 computer. desktop 1,500,00 1,200,66 299.34 replace #464 Finance 94300 computer. desktop 1,500.00 1 ,200.66 299.34 replace #461 Finance 94300 computer. desktop 1,500.00 1 ,200.66 299.34 replace #462 Finance 94300 computer. laptop 2.000.00 1,780.00 220,00 IT coordinator HR 94200 desk & chair 1,700.00 149.01 1 ,550,99 HR Analyst HR 94300 computer. desktop 1.500,00 1.321.31 178,69 replace #308 HR 94300 computer. desktop 1,500,00 1,470.32 29.68 HR Analyst Police 94100 Vehicle. investigations 20,000.00 20,125,04 (12504) replace #3 Police 94100 Vehicle. investigations 20,000.00 14,815,04 5,184.96 replace #11 Police 94100 Vehicle. investigations 20,000,00 13,575,87 6,424.13 Enhancemenl#7 promote officer to investigator Police 94100 Vehicle. patrol 20,000.00 18,368,00 1,632.00 replace #29 Police 94100 Vehicle. patrol 40,000.00 27,811.91 12,188.09 replace #26 Police 94100 Vehicle" patrol 28.500.00 27.811,91 688.09 replace #24 Police 94100 Vehicle. patrol 27.000.00 27,811,91 {811(1) replace #31 Police 94100 Vehicle. patrol 40,000.00 40,000,00 Enhancement#3 new patrol officers Police 94100 replace 2 Astra Spectra Radios 5,531,36 (5.53136) capital items PD budgeted in operating Police 94200 desk / work station 1,500,00 1,500.00 Enhancement#4 Crime Analyst Police 94200 desk / work station 1,000.00 1,000,00 Enhancemenl#5 records clerk Police 94300 computer - desktop 2,000,00 1,921.00 79.00 replace #4155 Police 94300 computer" desktop 2,000.00 1,080.00 920,00 replace #4157 Police 94300 computer - desktop 1.500.00 1,080.00 420.00 replace #438 Police 94300 computer" desktop 1,500.00 1.080.00 420,00 replace #4067 Police 94300 Computer & Software 6;000,00 6,000,00 Enhancement#4 Crime Analyst Police 94300 Computer & Software 2,000,00 1,080.00 920,00 Enhancement#5 records clerk Police 94400 Glock Hand9uns 18,000,00 15,168.00 2,832,00 replace Smith & Wesson handguns Police 94400 L1DAR speed detect device 4,500,00 2.916.00 1,584,00 Enhancement#3 new patrol officers Police 94400 Video 2001 system 4,495.00 (4.495.00) purchase for DUI grant Police 96999 carryforward 17,902,20 350.00 17 ,552,20 Police Fire 92300 latecomer fees 2,700,00 2,700.00 Enhancement#1 new fire station Fire 93302 Opticom 16,000.00 16.000.00 Enhancement#6 opticom Fire 94200 turnout racks,furnishings,tools&propane 28,000.00 28,000.00 Enhancemenl#l new fire station Fire 94300 computer. desktop 2,000.00 1,193.17 806.83 Enhancemenl#l new fire station Fire 94300 computer. desktop 1.500.00 1,193,17 306.83 replace #2501 Fire 94300 computer. desktop 1.500.00 1.500.00 replace #2015 Fire 94400 defiberaltor 4.000.00 4,000.00 Enhancemenl#l new fire station Fire 94400 SCBA test bench 6.500.00 6,500.00 Enhancement#5 equipment Fire 94600 base station 3,800.00 3,800.00 Enhancemenl#l new fire station Fire 94800 phone system 5.000.00 5,000.00 Enhancemenl#l new fire station Fire 96999 Firetruck #301 pumper 151,134.75 150,599.00 535.75 Fire Truck Fire equipment for New Pumper 20,407.91 {2o.407 (1) will need to a mend Parks 91000 Land purchase 94,060.00 181,000,00 270,257.32 4,802.68 Enhancemenl#2 Borup property Parks 93405 Phase II improvements 18,517.07 155,000,00 480.00 173,037.07 Enhancement#8 Storey Park Parks 93409 playground equipment 38,000,00 20,362,85 17,637.15 Enhancement#4 Chateau Parks 93411 Skate Park construction 11,847.30 33,314,59 {21,467.29) carryforward Parks 94401 lawn mower 8,095.00 8,095,00 replace #2097 Toro Groundmaster Parks 96156 Adventure Island Playground 50.000.00 50,000,00 100,000,00 Enhancement#9 Parks 96902 basketball courts 11,000,00 I 14,558,15 13.558.15) Enhancemenl#7 Bear Creek Parks 96902 restroom construction 135,000,00 135,000,00 Enhancemenl#7 Bear Creek Parks 96903 Settlers improvements 611,114,72 131,000,00 280,252,54 461,862,18 Enhancement#3 landscape,sidewalk paz 94100 Vehicle 15,000,00 15,000.00 replace 1991 Chevy Caprice paz 94100 Vehicle 14,000,00 15.000,00 {1,OOOOO) Enhancemenl#1 Code Enforce Coordinator paz 94300 Computer & Software 3,000.00 3.000.00 Enhancemenl#2 new Pianner II contribution to Capital Improvement Fund 363,723.00 363.723,00 from both General & SpecialSvc Funds excess carryforward I 561,652.96 General Fund TOTAL Capital for FY2003 1,516,229,00 1,521,718,00 1,003,725.64 1,472,568.40 I CITY of MERIDIAN FY2003 Budget to Actual Capital Outlay GENERAL FUND YTD 12/31/2002 14 of 16 Carryforward BUDGET PURCHASES Bud to Act Dept Acct Description from FY2002 for FY2003 FY2003 YTD Variance Notes MUBS 92000 new front counter 10,000.00 10,000.00 Enhancement#2 front counter MUSS 94300 com puter . desktop 1,500.00 1,500.00 replace #523 MUBS 94300 computer. desktop 1,500,00 1.500.00 Enhancement#2 front counter PW 94100 Vehicle. 4wd 21,230.00 17,057.89 4,172.11 Enhancement#5 additional vehicle PW 94200 bookshelves 1,000,00 1.000.00 Enhancement#8 bookshelves PW 94200 desk I work station 1,500.00 1,500,00 Enhancement#6 new Staff Engineer PW 94300 computer, desktop 4.000.00 3,682,00 318,00 replace #1042 PW 94300 computer. desktop 2,200.00 2.209.00 (9,00) replace #1060 PW 94300 computer - desktop 2.200,00 2,200,00 replace #1083 PW 94300 computer. laptop 3,400,00 3,499.56 (99.56) Enhancement#3 technology PW 94300 computer & software 2,200,00 2,200.00 Enhancement#6 new Staff Engineer PW 94300 printer. workgroup laser 1,200,00 1,200,00 Enhancement#3 technology Water 93301 upgrade telemetry system 10,000,00 10,000,00 Enhancement #10 Water 94100 Vehicle - pickup 18,000.00 18.000.00 replace 1991 Ford Pickup Water 94100 Vehicle. pickup 18,000.00 18,000.00 Enhancement#1 new well tech Water 94300 computer. desktop 2,200.00 1,562,62 637,38 replace #3583 Water 94300 computer. desktop 2,200.00 1,562.62 637,38 replace #3073 Water 94300 computer. desktop 2.200,00 1 ,562.62 637,38 Enhancement#1 new well tech Water 96111 WaterTower Upgrade 89,872,94 32,827.19 57,045.75 carryforward Water 96131 Well #10 landscape 23,237,50 19,310.00 3,927,50 carryforward Water 96133 Well #22 441,00 (441.00) no carryfolWard overbudget in 02 Water 96140 Waterline Extensions 600,000.00 600,000.00 Enhancement #7 Water 96147 Waterline Extensions 276,348.61 6,614.67 269,733,94 carryforward Water 96148 Well #23 45,537.18 997.89 44.539.29 carryforward Water 96149 Well #24 103,018.99 80,000:00 6.829,31 176.189.68 Enhancement #2 Water 96150 Well #25 199,959,00 300,000,00 499.959.00 Enhancement #4 Water 96157 Well #26 350,000,00 350,000,00 Enhancement #3 Water 96158 Well #27 200,000,00 200,000,00 Enhancement #9 Water 96999 carryforward 686,524.78 Water excess carryforward WWTP 96999 carryforward 1,115,595.00 WWTP excess carryforward WWTP 93505 Sewerline extensions 1,010,861,34 309,041.06 701,820.28 carryforward WWTP 94100 Kawasaki Mule for WWTP 6,000,00 5,683,35 316.65 Enhancement #1 WWTP 94200 desk.chair new Siosolids office 2,000.00 2,000.00 Enhancement #1 WWTP 94200 desk.chair new WWTP office 2,000.00 2,372.37 (372.37) Enhancement #1 WWTP 94300 computer. desktop 2,200.00 1,394.00 806.00 Enhancement #1 WWTP 94300 computer. desktop 2,200.00 2,200.00 Enhancement #1 WWTP 94400 E.coli waterbath equip 2,000,00 2,000.00 Enhancement #1 WWTP 94400 Effluent Sampler 5,500.00 5,500.00 replace #3671 WWTP 94400 Gantry Crane portable 3.000.00 3,185.07 (185m} Enhancement #1 WWTP 94400 Infrared Moisture Analyzers for Lab 3,200.00 2,060.00 1,140.00 Enhancement #1 WWTP 94400 ISCO portable sampler 5,000.00 4,542.00 458.00 replace #10373 WWTP 94400 ISCO portable sampler 5,000.00 5,000.00 Enhancement #1 WWTP 94400 Line Locator for COllections 2,000.00 2,774.93 (77493) Enhancement #1 WWTP 94400 Microfilm Reader 2,000.00 2,000.00 Enhancement #1 WWTP 94400 Samplingrresting equip for Pretreatment 19,500,00 19,500,00 Enhancement #1 WWTP 94400 Diesel Tank 11,957,60 14,910.00 (2,952.40 ) carryforward WWTP 94600 phone system 15,000.00 15,000,00 Enhancement #6 WWTP 96109 Boise River Outfall Repair 260,031,71 250,000.00 4,092.00 505,939,71 Enhancement #4 WWTP 96141 WWTP Generator #3 25,443,53 25,443.53 WWTP 96142 South Slough Sewer Ext 925,640,62 7,837.00 917 ,803.62 WWTP 96143 WWTP City water project 16,900.46 16,900.46 WWTP 96145 WWTP NonPotable water projec 82,669.10 82,669.10 " WWTP 96151 Predesign of WWTP projects 198,488.79 50,000.00 22,466,24 226,022.55 Enhancement #3 WWTP 96152 Creek Crossing slip lining project 69,893,64 69,893,64 WWTP 96154 Tertial)' Filter By-Pass 19,401.00 19,401.00 WWTP 96155 Thickener Project 427,242.21 450,000.00 27,928,89 849.313.32 Enhancement #2 WWTP 96159 Centrate Basin Construction 200,000,00 200,000,00 Enhancement #7 WWTP 96160 Digester Gas Line Modification 22,000,00 22.000.00 Enhancement #9 WWTP 96160 Methane Gas Alarm for Digester 5,000,00 5.000.00 Enhancement #9 WWTP 96162 BlckCat Trunkline/Lift pre design 400,000,00 400,000.00 Enhancement #11 enterprise addition for fund bal 1,087,419.00 1 ,087,419.00 budgeted revenues exceeded expendi! Enterprise TOTAL Capital for FY2003 5,588,624.00 4,175,549.00 506,443.28 7,455,609.94 I CITY of MERIDIAN FY2003 Budget to Actual Capital Outlay ENTERPRISE FUND YTD 12/31/2002 ures 15 of 16 i I CITY OF MERIDIAN FY03 POTENTIAL BUDGET AMENDMENTS as of December 31, 2002 ENTERPRISE FUND Fund Dept Debit Credit Descrip 60 60 60 ENTERPRISE $ . $ - $ - ITransfer To (From) Fund Balance GENERAL FUND 1 FIRE $ 20,000 W AGES for early increase to FF2's equipment for new firetruck #301 move money from operating to 1 FIRE $ 20,408 $ 20,408 capital increase the contribution to the Capital Improvement Fund (bldg 50 Bldq $ 320,759 fund excess for FY02) GENERAL FUND $ 361,167 $ 20,408 $ (340,759)1Transfer To (From) Fund Balance ITEMS UNDER CONSIDERATION 60 WWTP $ 150,000 increase cost of DAFT construction (wastethickener) 60 WWTP $ 433,320 addt'l funds needed for BlackCat & SouthSlouah trunklines TOTAL $ 583,320 $ - $583,320 I 16 of 16 January 24, 2003 MERIDIAN CITY COUNCIL MEETING January 28, 2003 APPLICANT Fire Department ITEM NO. REQUEST Presentation of Award for Service: ~ .A-I AGENCY CITY CLERK: CITY ENGI N EER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS j.e~ ~(~~ Q,n Date: Phone: Materia[s presented at public meetings shall become property of the City of MeridIan. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR HA V ASU CREEK SUBDIVISION IN AN R-4 ZONE, LOCATED SOUTH OF McMILLAN ROAD AND WEST OF LOCUST GROVE ROAD, MERIDIAN, IDAHO FARWEST, LLC, APPLICANT C/C 12/10/02 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-028 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the December 10, 2002, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a Plmmed Development consisting of327 single family lots, 1 school lot, and 27 common lots in an R-4 zone located south of McMillan Road and west of Locust Grove Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The applicant shall be required to maintain a cover crop on any land not being developed or until the infrastructure for that phase is started, within reason, In the ORDER CONDITIONAL USE PERMIT (CUP-02-028) -1 e vent live or drainage water is cut off due to a phase configuration or construction this might not be feasible. However, the Applicant shall attempt to retain the ground cover as much as possible, 2. The applicant shall work with adjoining landowners on the east regarding a vinyl fence, and the applicant has come to an agreement with Ms. Klaus and Mr. Graham concerning fencing height and type. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Comments 1. Applicant shall meet all ofthe requirements ofthe preliminary plat as a condition of the Conditional Use Permit. 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. C. Adopt the following Recommendations of the ACHD as may be modified by ACHD from time to time, provided, however, notice of any proposed changes, and meaningful opportunity to comment shall be given to the City before ACHD takes any official action to modify the requirements set forth herein. Site Specific Conditions of Approval 1. Dedicate 35-feet of right-of-way from the centerline of McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). The Applicant shall comply with Ada County Highway District requirements as submitted or as expressly modified by ACHD. 2. Dedicate 35-feet of right-of-way from the centerline of Locust Grove Road 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 ORDER CONDITIONAL USE PERMIT (CUP-02-028) -2 scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). The Applicant shall comply with Ada County Highway District requirements as submitted or as expressly modified by ACHD. 3. Construct 5-foot concrete sidewalk abutting McMillan Road and Locust Grove Road located 2-feet within the right-of-way. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 4. Construct North Havasu Canyon Way to intersect with McMillan Road approximately 820-feet east of the west property line, as proposed. 5. Construct North Havasu Falls Drive to intersect with Locust Grove Road approximately 400-feet south of the north property line, as proposed. 6. Submit a letter from the appropriate fire district approving the alternative street section. lfthe appropriate fire district reviews and approves the alternative street section, the applicant shall construct the internal roadways as 33-foot street sections with curb, gutter, 4-foot concrete sidewalk and parking on both sides within 50-feet of right-of-way, as proposed. 7. Construct North Havasu Canyon Way (from McMillan Road to Casa Grande Street) and East Havasu Falls Drive (from Locust Grove to Hulapai Avenue) residential collectors with 29-foot street sections with curb, gutter and 4-foot detached concrete sidewalk, as proposed. 8. Extend North Hermit Avenue at the south property line approximately 410-feet east of the west property line, as proposed. 9. Extend North Havasupai Avenue at the south property line approximately 120- feet east of the west property line, as proposed. 10. Construct North Shangri-La Street to extend to the south property line approximately 635-feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, llTHIS ROAD WILL BE EXTENDED IN THE FUTUR.Ell. ORDER CONDITIONAL USE PERMIT (CUP-02-028) -3 11. Construct Casa Grande Street to extend to the west property line approximately 440-feet north ofthe south property line, as proposed. Install a sign at the terminus of the roadway stating that, 'THIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Construct Havasu Falls Drive to extend to the west property line approximately 730-feet north of the south property line, as proposed. Install a sign at the terminus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURErr. 13. Construct Nankoweap Street to extend to the west property line approximately l80-feet south of McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 14. Construct North Mooney Falls Way to extend to the north property line approximatelyl,550-feet west of Locust Grove Road, as proposed. Install a sign at the terminus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 15. Construct a stub street, Red-Rock Way, to extend to the north property line approximately 720-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, rrTHIS ROAD WILL BE EXTENDED IN THE FUTURE". 16, Construct Bright Angel Avenue to extend to the north property line approximately 230-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, IITHIS ROAD WILL BE EXTENDED IN THE FUTUREII. 17. Construct Bright Angel A venue to extend to the south property line approximately 230-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, rrTHIS ROAD WILL BE EXTENDED IN THE FUTUREII. 18. Construct Red-Rock Way to extend to the south property line approximately 720- feet west of Locust Grove Road, as proposed. Install a sign at the terminus ofthe roadway stating that, rrTHIS ROAD WILL BE EXTENDED IN THE FUTURE". 19. Construct North Crystal Avenue to extend to the south property line approximately 1,250-feet west of Locust Grove Road, as proposed. Install a sign at the terminus ofthe roadway stating that, IITHIS ROAD WILL BE EXTENDED IN THE FUTURE". ORDER CONDITIONAL USE PERMIT (CUP-02-028) -4 20. Construct Kaibab Trail Drive to extend to the east property line approximately 820-feet north ofthe south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 21. Construct one knuckle with an island within it located in the southeast comer of Mooney Falls Way and Switchback Drive, as proposed. The island within the knuckle shall be a minimum of 4- feet wide with a minimum area of 1 DO-square feet and maintain a minimum of a 29-foot street section around the traffic island designed to safely channel traffic. 22. Construct one cul-de-sac turnaround (Redwall Court) without an island, as proposed. Construct the turnaround to provide a minimum turning radius of 45- feet. 23. 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. 24. Construct a left-turn and a right turn deceleration lane at the McMillan Road and North Havasu Canyon Way intersection. Coordinate the design ofthe turn lanes with the District's Traffic Services Staff, 387-6140, 25. Construct a left-turn lane and a right-turn deceleration lane at the Locust Grove Road and North Havasu Falls Drive intersection. Coordinate the design of the turn lanes with the District's Traffic Services Staff, 387-6140. 26. 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. 27. Other than the access points specifically approved with this application, direct lot access to McMillan Road, Locust Grove Road and North Havasu Canyon Way (from McMillan Road to Casa Grande Street) is prohibited. 28. Comply with all Standard Conditions of Approval. ORDER CONDITIONAL USE PERMIT (CUP-02-028) -5 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 ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7, Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility 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 ORDER CONDITIONAL USE PERMIT (CUP-02-028) -6 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 plalli1ed use ofthe 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 plalli1ed 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 a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A. 2. Acceptance of the water supply fat 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 30 homes. UFC 902.2.1 The Applicant shall be allowed a 20' wide temporary gravel sewer and temporary emergency vehicle access roads which shall be utilized for these purposes only. ORDER CONDITIONAL USE PERMIT (CUP-02-028) -7 E. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicanfs central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality, 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for storm water disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Additionally, comply with the action of the Council from their meeting held on Tuesday, December 10, 2002, as follows: 1. That Lots 1 through 8, Block 12, along the eastern boundary, shall have only single-story homes built with a maximum height of25 feet from grade, 2. The Applicant shall construct either a five or six foot vinyl fence along the eastern boundary adjacent to the Crestwood Subdivision No.1 neighbors, as agreed upon in the letters submitted into public record. 3. The Applicant shall utilize standard industry dust abatement techniques to minimize dust on the site. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to this permit. ORDER CONDITIONAL USE PERMIT (CUP-02-028) -8 By action of the City Council at its regular meeting held on the 4-- 7- day of J/VyvUCVVr ,2003. D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Byi!~J;;-~ 9- ity Clerk V' . Dated: (- 7--- () '3 \\\ \ \111111 H ft, I f \,\\ Of ~IPf;:b.'I.'1 ......'..l--t . <-'l/.I'> _ '/,0 ~.... __'- ... ~-A "'i ~ \.1' ",p^'"' ~)f;;1. ~ S ,cPT' vr.;.q r. IV ~ :: ~- ~o -:;. ~ ~ ~ ~ ~ ~ ::: or;:. ii' 11' ~ -' rc)~~i:tL :; - r: ['):; -::. &- 0,0::; ,.. ..e-Qu "" .:: ~ ,cA. "0$..,. 11,::c;'i, . . /' '. p -::- ~~~ ~-~ ."'-{. ~ ~~;:~"Y (,~._'"'). -.5~~:X<. .~<:;:' <"or; U'ft~n-",r ',/ .~" '/"1;f/i,_:~1~\. { ':j .'.,\ ,,\\\"" Z:\Work\M\Meridian\Meridian I 5360M\Havasu Creek Sub AZ02-OZ2 PP02.019 CUP02-028\OrderCUP,doc ORDER CONDITIONAL USE PERMIT (CUP-02-028) -9 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A RETAIL SHOP FOR CHILDREN'S GENTLY USED CLOTHES, TOYS, ETC., IN AN O-T ZONE, LOCATED AT 124 EAST PINE STREET, MERIDIAN, IDAHO JOHANN AND RACHAEL KRETZSCHMAR, APPLICANT C/C 01114/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-033 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on January 14~ 2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and Johann Kretzschmar, appeared and testified~ and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 (2) consecutive weeks prior to the said public hearing scheduled for January 14) 2003, before the City Council) the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') ofthe external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper) radio and television stations as public service mll1ouncements; and the matter having been duly considered by the City Council at the January 14) 2003) public hearings; and the applicant) affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian) having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509) 6512) and Meridian City Code S9 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing) and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in the 0- T zone and by reason of the provisions ofthe Meridian City Code 9 11-17-4) a public hearing was required before the City Council on this application. 4. The property is located at 124 East Pine Street, Meridian) Idaho. 5. The owners of record of the subject property are Johann and Rachae~ Kretzschmar) 9980 Roan Meadows Drive) Boise, Idaho 83709. 6. Applicants are owners of record. 7. The subject property is currently zoned O-T, The zoning district ofO-T is defined FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a retail shop for children's gently used clothing, toys, etc. The O-T zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use propo,sed within the subject application will in fact, constitute a conditional use ~s determined by City Ordinance. 1 L The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12, Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development wiUnot impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered, by political subdivisions providing services to the subject real property within the planning jurisdiction ofthe City of Meridian, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 1. Applicant shall apply for a Variance from parking and landscaping requirements prior to the City Council hearing on this application. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements 1. Landscaping for the property shall be continuously maintained, and any dead or dying vegetation shall be replaced upon request from the City. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way, All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 3. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design rqview and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed Upon 3 days notice to the applicant. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 5. A Certificate of Zoning Compliance shall be obtained prior to opening the retail business to the public. C. Adopt the Recommendations of Ada County Highway District as follows: Site Specific Conditions of Avproval 1. 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. . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required peffi1its), which incorporates any required design changes. 7. Construction, use and property development shall be in confoffi1ance with all applicablerequirements 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 teffi1S and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confiffi1ation 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, 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. . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as fol1ows: 1. The Hunter Lateral courses along the north side of East Pine Street. The easement ofthe Hunter Lateral must be protected; and any encroachments within this area without written approval and a signed License Agreement are unacceptable. E. Adopt the Recommendations of the Sanitary Service Company as fol1ows: 1. Waste generation volume is unknown and unplanned for commercial dumpster or can service and rates will apply. If cans are used al1ey col1ection is necessary. 13. It is found in regards to the site being large enough to accommodate the proposed use and al1 yards, open spaces, parking, landscaping and other features as may be required by Meridian City Code that the Applicant was granted a variance, Case No. V AR-02-016, regarding off-street parking and landscape buffers. 14. The current Comprehensive Plan Land Use Map designates the property as "Old Town". It is found that the requested retail use can be developed in harmony with the Meridian Zoning Ordinance and the adopted Comprehensive Plan if the variance is approved. 15. It is found that the proposed development will not change the existing or intended character of the general vicinity, and that the design and operation of the development will be in harmony with the intended mixed-use character of the Old Town District. 16. It is not anticipated that the proposed use will have an adverse affect on nearby properties. 17. It is found that the proposed development will be adequately serv.ed by"the ;essential public facilities and services, such as highways, street, police, fire protection, drainage structures, refuse disposal, water, and sewer. 18. It is found that the proposed use would not create additional requirements at . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 public cost for public facilities and service and will not be detrimental to the economic welfare of the community. 19. It is not anticipated that the proposed use will be detrimental to the general welfare of the community by means of increased traffic, noise, smoke fumes, glare or odors generated by the uses. 20. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets as long as the Ada County Highway District's requirements are met and all approaches and traffic control measures are installed. 21. It is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. CONCLUSIONS OF LAW 1, The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.c. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the" Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. ", 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is othef\Vise prohibited by the terms of the ordinance but allowed with conditions . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 under the specific provisions ofthe ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4, The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plap. and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the 'g~neral neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character ofthe same area; d, That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes; glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Old Town District (O-T), a public hearing shall be conducted with notice to be published and provided to property owners or . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 purchasers ofrecord within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied, The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance, 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a retail shop for children's gently used clothing, toys, etc. in the O-T zone located at 124 E. Pine Street, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Platming and Zoning Commission as follows: 1. Applicant shall apply for a Variance from parking and landscaping requirements prior to the City Council hearing on this application. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements 1. Landscaping for the property shall be continuously maintained, and any dead or dying vegetation shall be replaced upon request from the City. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 3. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design reviewand shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 5. A Certificate of Zoning Compliance shall be obtained prior to opening the retail business to the public. C. Adopt the Recommendations of Ada County Highway District as follows: Site Specific Conditions of Approval 1. 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 ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certifY all improvement plans. . ' 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 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 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 ofthe subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The Hunter Lateral courses along the north side of East Pine Street. The easement of the Hunter Lateral must be protected; and any encroachments within this area without written approval and a signed License Agreement are unacceptable. E. Adopt the Recommendations of the Sanitary Service Company as follows: 1. Waste generation volume is unknown and unplanned for commercial dumpster or can service and rates will apply, If cans are used alley collection is necessary. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 S 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho.Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial ofthe conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the rJd~l/l-J- ,2003. ROLL CALL: 2. /A-Ib- V day of COUNCILMAN KEITH BIRD VOTED 1!b{-0.A:;- COUNCILWOMAN TAMMY deWEERD VOTED~' VOTED~ COUNCILWOMAN CHERIE Me CANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED~ .FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 / I. MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED - DATED: /-28-03 MOTION: ;f\ APPROVED:~ DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. - ~ Z:\ Work\M\Meridian\Meridfan I 5360M\Kretzschmar Johann Rachael CUP-02-033 V AR-02-0 16\FfClsCUP02-033.doc f'INDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A RETAIL SHOP FOR CHLIDREN'S GENTLY USED CLOTHES, TOYS, ETC., IN AN 0- T ZONE, LOCATED AT 124 E. PINE STREET, MERIDIAN, IDAHO JOHANN AND RACHAEL KRETZSCHMAR, APPLICANT C/C 01114/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-033 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the January 14, 2003, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Couneil takes the following action: 2. That the above named applieant is granted a conditional use permit for a retail shop for children's gently used clothing, toys, etc. in the O-T zo"ne loeated at 124 E. Pine Street, Meridian, Idaho, subject to the following eonditions of use and development: A. Adopt the Special Recommendations ofthe Planning and Zoning Commission'as' follows: 1. Applicant shall apply for a Variance from parking and landscaping requirements prior to the City Council hearing on this application. ORDER CONDITIONAL USE PERMIT (CUP-02-033) -1 B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements I. Landseaping for the property shall be eontinuously maintained, and any dead or dying vegetation shall be replaeed upon request from the City. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 3. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subjeet to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 4. A,ll eonstruction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 5. A Certificate of Zoning Compliance shall be obtained prior to opening the retail business to the public. C. Adopt the Reeommendations of Ada County Highway District as follows: Site Specific Conditions of Approval 1. 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 Construetion 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 ORDER CONDITIONAL USE PERMIT (CUP-02-033) -2 (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, Construetion Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements ofthe Ada County Highway Distriet prior to District approval for occupaney. 8. Payment of applicable road impact fees are required prior to building construction in aceordance with Ordinance #195, also known as Ada County Highway District R~ad Impact Pee 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 eall 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 app lieant in the planned use of the property which is the subject of this application, shall require the applicant to eomply with all fl!les, regulations, ordinances, plans, or other regulatory and legal restrictiops 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 waiverlvarianee 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 Recommendations of the Nampa & Meridian Irrigation District as follows: ORDER CONDITIONAL USE PERMUT (CUP-02-033) -3 1. The Hunter Lateral courses along the north side of East Pine Street. The easement of the Hunter Lateral must be protected; and any encroaehments within this area without written approval and a signed Lieense Agreement are unaeeeptable. E. Adopt the Reeommendations of the Sanitary Service Company as follows: 1. Waste generation volume is unknown and unplanned for commercial dumpster or can service and rates will apply. If cans are used alley collection is necessary. 3. The above conditions are eoncluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the applieation for a conditional use permit. 4. Notice to Pe~it Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the Cft:~6Vl, r:J-. (/ 28'/1- day of ,2003. ( . Corrie, Mayor City of Meridian Copy served upon Applieant, the Planning and Zoning Departnient, Public Works Department and City Attorney \\\\\l!lllllllrflll, . ,'\\\\~I OF MER/).",,,,, " ;'\ " V/ of.... ,," c} .. ..~ 'l ;- ~vQf\P?~ h '1-- ~ II ? f f. ~ " ~ \ ByJ~ ~ 1.)&L~h 0.... Dated: /- ;?rz).-tJ 3 _ City Clerk' tI r ::'"7.!? _ . :;::. ~ n,O:::: . "- "'U: ,,-.} ~ ~ 0 \S, lS1 . . p g /,.. ;,y 'f!" .::- /'/ en \'0 "..... Z:\Work\M\Meridian\Meridian I 5360M\Kretzschmar Johann Raehael CUP-02-033 V AR-02-016\OrderCUP02-Ch).ifo'IYU!'fT'(. \ \ \\' . "Ii, '. '" ~~>.;un\\\\ ORDER CONDITIONAL USE PERMIT (CUP-02-033) -4 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF JOHANN AND RACHAEL KRETZSCHMAR FOR A VARIANCE FROM THE PARKING ORDINANCE AND LANDSCAPE ORDINANCE, LOCATED AT 124 EAST PINE STREET, MERIDIAN, IDAHO C/C 01-14-03 ) ) ) ) ) ) ) ) V AR-02-016 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 January 14,2003, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and Johann Kretzschmar, 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 I. The City Couneil takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code ofthe City of Meridian and all eurrent zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1 ~93 Ordinance #629 B January 4, 1994 and Maps. 2. The requirements ofIdaho Code S 67-6509, 6516 and Meridian City Code S ~ 11-15-5 and 12-11-3 as evidenced in the record of this matter. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V ARrANCE / JOHANN AND RACHAEL KRETZSCHMAR - V AR-02-0 t 6 Page I of 11 3. The Applicants are Joham1 and Rachael Kretzschmar, 9980 W. Roan Meadows Drive, Boise, Idaho 83709. 4. The applicants are the owners of reeord of the subject property. 5. The property located at 124 East Pine Street, Meridian, Idaho is in the 0- T zone. 6. The legal description of the propeliy appertains to the real property that is included within the Vicinity Map, and which legal description and Vicinity Map both appear in the record ofproeeeds of this matter, and which are on file with the Meridian City Clerk's office located at 33 East Idaho, Meridian, Idaho. 7. The present lal?-d use of subject property is presently zoned as 0- T, and which subject property is presently single-family residential. 8. The proposed land use of the subject property is to develop the subject property in the following malmer: a retail shop for children's gently used clothing, toys, etc. 9. That a vicinity map, which is on file with the Meridian City's Clerk's office, ofthe proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required has been furnished. 10. The Applieant seeks a variance for the requirement of parking space requirements, screening, and minimum buffer widths, of the following provisions of the Meridian City Code, SS 11-13-1 A-C, 11-13-5B2, 11-13-5B4, and 12-13-12-4, which provides as follows: 11-13-1 GENERAL REQUIREMENTS: A. Parking And Loading Spaees Required: No building or struetUre shall be erected, substantially altered or its use changed unless permal1ently maintained off-street parking al1d loading spaces have been provided in accordance with the provisions of this Title. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER-OF DECISION GRANTING A VARIANCE / JOHANN AND RACHAEL KRETZSCHMAR - VAR-02-0I6 Page 2 of II B. Change Of Use: When the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity (a horizontal unit of width of 18 inches per seat or other units of measurement specified herein for required parking), or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use. However, no owner of a building or structure lawfully erected or use lawfully established prior to the effective date of this Title shall be required to provide such additional parking or loading facilities. C. New Use: Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. TYPE OF USE PARKlNGSPACEREQUffiED 11-13-5B2 Commercial: Banks, financial institutions and simi lar uses I for each 200 sq. ft. of gross floor area Clinic (medical, dental, optical) and veterinary animal hospital or clinic 1 for each 200 sq. ft. of gross floor area of examination, treat- ing room, office, and waiting room Department store 1 for each 400 sq. ft. of gross floor area Drive-in establishment 5 reserved spaces per customer service window Mortuaries 1 for every 3 seats, plus I Parking space for each funeral Vehicle kept on the premises Professional offices 1 for each 400 sq. ft. .of gross floor area . Retail stores 1 for each 200 sq. ft. of gross floor area FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARlANCE / JOHANN AND RACHAEL KRETZSCHMAR - V AR-02-0 16 Page 3 of 11 Sales (automotive, mobile home, travel trailers, farm implements) 1/3 of the sales lot for designated customer parking Service station and motor vehicle repair (major or minor) 2 for each service bay TYPE OF USE PARKING SPACE REQUIRED 11-13-5B4 Manufacturing: All types of manufacturing, storage and wholesale uses permitted in any industrial district 1 for every 2 employees on the largest shift for which the building is designed plus I for each motor vehicle used in the business Wareh<?uses and storage buildings 1 for each 1,000 sq. ft. of floor area plus 1 for each vehicle used in the conduct of the enterprise 12-13~12-4 Land Use Intensity Classifications: The table is intended to provide a general classification of land use intensities for commonly proposed developments and is not a comprehensive list. If a land use is not listed, the intensity classification shall be determined by the Plaruling Director based upon the nearest use listed. (The Table is attached hereto as Exhibit "A" and consisting of one page.) 11. The Ada County Highway District 011 November 20, 2002 submitted a report for the corresponding application for JOharul and Rachael Kretzschmar for their conditional use permit applieation, Case No. CUP-02-033, and the same conditions and requirements shall also apply to this variance applieation, Case No. V AR-02-0 16. 12. 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 Plmming and Zoning Department. 13. It is found that the proposed use does not meet the parking ordinances or the FINDINGS OF FACT AND CONCLUSIONS OF LA WAND -- ORDER.OF DECISION GRANTING A V ARrANCE / JOHANN AND RACHAEL KRETZSCHMAR - V AR-02-0 16 Page 4 of 11 landscaping ordinance due to lack of space behind the building and, new parking in front of the structure would destroy the building's existing landscaping and appearanee which the City of Meridian is striving for in Old Town. Additionally, there is a lack of space on each side of the building to allow for the 25' landscaping buffer, but the applicants are proposing about a 5' buffer. 14. The parking space requirement needs to be reduced by two parking spaces, and the landscaping needs to be reduced by 21' on each side of the building. The lot size at 124 E. Pine Street will not allow for any more spaces for additional parking and the lot size does not allow for additional buffers on either side of the building for landscaping. The building at this site is positioned closer to the rear ofthe lot compared to most ofthe other structures in the area. Since the building is positioned evenly between the sides of the lot, which is normal for this area, that position keeps the property from complying with the landscaping ordinance. 15. There are properties in the area that have been built or convel1ed to non residential uses that do not comply with the parking or landscaping ordinances. 16. It is found that the proposed use is a low impact use and that the requested reduction of "off-street>' parking stalls will not significantly affect the other properties in the general vicinity. It is also found that requiring the construetion of two additional parking stalls in the front yard area of the existing home to be impracticable and umeasonable due to the existence of a city owned parking lot to the south and available on-street parking in this area. FUl1hermore, it is found that the 25' wide landscape buffer requirement between land uses would prohibit the re-development.,ofthe subject property into anything other than the existing single family use (due to the property's naJ.TOW width). 'It would be unreasonable to prohibit the re~development of this property due to the requirements of the Landscape Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE! JOHANN AND RACHAEL KRETZSCHMAR - V AR-02-0 16 Page 5 of 11 17. It is found that strict compliance with the City's Ordinances would prohibit the re~ development of the property in question to anything other than the existing residential use. The Old Town district is intended to allow a mix of uses and, should off-street parking be required, the property would be restricted to a residential-only use. It is supported that the re-development of the smaller, older lots in the original Meridian Township, and strict eompliance with the City Ordinances in this area will be impracticable and will inhibit the objective of the owners of property in the Old Meridian Township to re-develop. IS. It is not anticipated that the variances would be detrimental to the public's welfare or iqjurious to other properties in the area. 19. It is found that the issuance of the variances for redueing parking standards and landscaping standards to allow the re-development of the small piece of property ,with a low impact use in the original "Meridian Township", would not have the effect of altering the purpose and interest of the Zoning Ordinance. 20. The applicant paid the fee established by the City Council for application for a vanance. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 eodified 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 ofapplications for variance permits. 2. The City of Meridian has exereised its authority ofIdaho Code S 67-6516 by the enactment as a pmt of its Zoning and Development Ordinanee variances, as set fOlth in Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 11 ORDER OF DECISION GRANTING A VARIANCE / JOHANN AND RACHAEL KRETZSCHMAR - VAR-02-016 City Code S 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code S 67-6509, 6516 and Meridian City Code SS 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code S 11-18-2, and the findings which are required are set forth in Meridian City Code S 11-18-3, include required findings that there are special circumstanees or conditions affecting the property that strict application ofthe provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict complianee with the requirements of the Zoning and Development Ordinance wo~ld result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjaeent development, or other physical conditions or other conditions that make strict eompliance with the ordinance unreasonable under the circumstanees, 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, SS 11-13-1 A-C, 11-13-5B2 and 11-13-5B4, and 12-13-12-4, in the 0- T zone if granted the variance :liOln the parking and landscape ordinances, provides as follows: 11-13-1 GENERAL REQUIREMENTS: A. Parking And Loading Spaces Required: No building or structure shall be erected, substantially altered or its use changed unless permanently maintained off-street parking and loading spaces have been provided in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 11 ORDER OF DECISION GRANTING A VARIANCE / JOHANN AND RACHAEL KRETZSCHMAR - V AR-02-0 16 accordance with the provisions of this Title. B. Change Of Use: When the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity (a horizontal unit of width of 18 inches per seat or other units of measurement specified herein for required parking), or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use. However, no owner of a building or structure lawfully erected or use lawfully established prior to the effective date of this Title shall be required to provide such additional parking or loading facilities. C. New Use: Whenever the existing use ofa building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. TYPE OF USE PARKJNGSPACEREQUIRED 11-13-5B2 Commercial: Banks, financial institutions and similar uses I for each 200 sq. ft. of gross floor area Clinic (medical, dental, optical) and veterinary animal hospital or clinic I for each 200 sq. ft. of gross floor area of examination, treat- ing room, offiee, and waiting room Department store I for each 400 sq. ft. of gross floor area Drive-in establishment 5 reserved spaces per customer serviee window Mortuaries 1 for every 3 seats, ph,ls 1 Parking space for each funeral Vehicle kept on the premises Professional offices 1 for each 400 sq. ft. of gross floor area Retail stores FINDINGS OF FACT AND CONCLUSIONS OF LA WAND -- ORDER OF DECISION GRANTING A VARIANCE I JOHANN AND RACHAEL KRETZSCHMAR - VAR-02-016 1 for each 200 sq. ft. of gross Page 8 of 11 " , i floor area Sales (automotive, mobile home, travel trailers, farm implements) 1/3 of the sales lot for designated eustomer parking Service station and motor vehicle repair (major or minor) 2 for each service bay TYPE OF USE F ARKING SF ACE REQUIRED 11-13-5B4 Manufacturing: All types of manufacturing, storage and wholesale uses permitted in any industrial district I for every 2 employees on the largest shift for which the building is designed plus I for each motor vehicle used in the business Warehouses and storage buildings 1 for each 1,000 sq. ft. of floor area plus I for each vehicle used in the conduct of the enterprise 12-13-12-4 Land Use Intensity Classifieations: The table is intended to provide a general classification of land use intensities for commonly proposed developments and is not a comprehensive list. If a land use is not listed, the intensity classification shall be determined by the Planning Director based upon the nearest use listed. (The Table is attached hereto as Exhibit "A" and consisting of one page.) DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF F ACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That the Applicant is hereby granted a variance for the requirement to the par~ing and landscape ordinanees from the Meridian City Code, ~~ 11-13-1 A-C, 11-13-5B2 and 1 1-13.:5B4, and 12-13-12-4, in the O-T zone for Johann and Rachael Kretzschmar based on the testimony at the Council hearing, and that the issuance of the variances for reducing parking and loading space FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I JOHANN AND RACHAEL KRETZSCHMAR - V AR-02-0 16 Page 9 of 11 standards and landscaping standards to allow the re-development of a small piece of propeliy with a low impaet use in the original "Meridian Township" would not have the effect of altering the purpose and interest of the Zoning Ordinance, but the applicant shall be required to comply with all of the above staff and agency conditions. NOTICE OF FINAL ACTION Please take notice that this is a final action ofthe governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a variance of the parking and 10,ading standards and landscape ordinances requirements in the 0- T zone as provided in the Meridian City Code, SS 11-13-1 A-C, 11-13-5B2, 11-13-5B4, and 12-13- 12-4, 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 2 81!::.- day of J?vJ~C01 ,2003. ROLL CALL: - COUNCILMAN KEITH BIRD VOTED /f6Je~ COUNCIL WOMAN TAMMY deWEERD VOTED$ VOTED~' COUNCIL WOMAN CHERIE McCANDLESS COUNCILMAN WM. L.M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / JOHANN AND RACHAEL KRETZSCHMAR - V AR-02-0 16 Page 1 0 of 11 DA TED: (-2fJ-03 MOTION: fI:\_ APPROVED~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. \\\\\IIIIlIJlI/{ \\\\ f ~p,~ 1//1 ",\~-..l. 0 ..'CRlbl I//,!" " ~, -AlA. ~ ;' () o'f\POR.~); ~ II' ~ , ~Ci ('0 ~ Dated: /- Z fl /^{J J f ~ ~ _ SEAL _ 1'(c. 6'::: ~""''1 {It ,OJ O~ ~ 'o~. 8r 1S\ ' ./ ~ .$ " ~y :....---- ~ ~ " /// r>. '(V \".... /11 ~,(J.~ $": ~"".i~"...t " I/I..'-"-JI\~"\ t \\.....' , f".:. _ ;', oJ ~ '. -, ~ \ \ \ ByJ/d&~~ ;j?-12 9- City Clerk !l . Z:\ Work\M\Meridian\Meridian 15360M\Kretzsclmmr Johann Rachael CUP.02-033 V AR-02"() 16\FfClsGrantV AR02..() 16.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V ARlANCE / JOHANN AND RACHAEL KRETZSCHMAR - VAR-02-016 Page II of 11 therefore the buffer must still be landscaped as per subsection B, even if a chainlink fence is provided. 12-13-12-4 Land Use Intensity Classifications: The table below is .intended to provide a general classification of land use intensities for commonly proposed developments and is not a comprehensive list. If a land use is not listed, the intensity classification shall be determined by the Planning Director based upon the nearest use listed. Class I Class II Class III Class IV Class V Single Family Multi-Family Offices Restaurants Heavy Homes Dwellings Manufacturin,g Duplexes Child Care Neighbor. Hote1lMotel Contractor Centers Comm. Yards Golf Courses Libraries Middle General Retail Processing Schools Plants Cemeteries Senior Centers High Schools Grocery Stores Recycling Parks N urseries/Greenh Personal Parking Garages ouses -Services Elementary Quasi Public Warehouses Vacant Land Schools Uses zoned: Vacant Land Clinics Storage l-L zoned: Facilities R-2 Vacant Land Indoor zoned: Manufacturing R-3 R-15 Vacant Land zoned: , R-4 R-40 L-O Vacant Land zoned: R-8 C.N C-G, C-C 12-13-12-5 Minimum Buffer Widths The minimum buffer "Width between incompatible land uses is based on the following table: At.": 11 ,. Landscape Ordinance - Final 11128/00 Page 30 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REZONE OF 2.83 ACRES FROM R-4 TO L-O ZONE FOR MERIDIAN FIRST BAPTIST CHURCH, LOCATED AT 428 AND 506 W. PINE AVENUE, MERIDIAN, IDAHO MERIDIAN FIRST BAPTIST CHURCH, Applicant. CIC 01-14-03 ) ) ) ) ) ) ) ) ) ) ) ) Case No: RZ-02-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 2.83 acres having come on for public hearing on January 14, 2003, at the hour of7:00 o'clock p.m., and Council having received the report of David McKinnon Planner II of the Planning and Zoning Department, and Bruce Freekleton of the Public Works Department, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and Justin Touchstone, appeared and testified, and no one appeared in opposition, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, 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, Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published FINDINGS OF FACT AND CONCLUSIONS OF LAW . AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.83 ACRES FROM R-4 TO L-O BY MERIDIAN FIRST BAPTIST CHURCH I (RZr02-007) - 1 for two (2) consecutive weeks prior to said public hearing scheduled for January 14, 2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries ofthe property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the January 14,2003, public hearing; and the applicant, affected property owners, and government subdivisions providing serviees within the planningjurisdic~ion of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 9S 67-6509 and 67-6511, and Meridian City Code 99 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, 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 and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 2.83 acres in size. The property is located at 428 and 506 W. Pine Avenue, Meridian, Idaho, and a eopy ofthe legal description is on file at the City Clerk's office, Meridian City Hall, 33 East Idaho, Meridian, Idaho. 5. The owner of record ofthe subject property is Meridian First Baptist FINDINGS OF FACT AND CONCLUSIONS OF LAW . AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.83 ACRES FROM R-4 TO L-O BY MERIDIAN FIRST BAPTIST CHURCH I (RZ-02-007) - 2 Church, 506 W. Pine Avenue, Meridian, Idaho. 6. The Applicant is owner of record. 7. The property is presently zoned as R-4 (Low Density Residential), and consists of a building occupied by Meridian First Baptist Church. 8. The Applicant requests the property be rezoned to Limited Office (L-O). 9. The proposed site is bordered on all sides by residential homes. 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: There will be no changes to the current use as a church. 13. The Applicant requested rezoning of the subjeet real property as L-O which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential and Public/Quasi-Public. 14. There are no significant or seenie features of major importance that affect the eonsideration of this application. 15. In review of the application for rezone it is provided at Meridian City Code S 11-15-1lfor the General Standards that the Commission and. Council r~view this proposed zoning amendment and pursuant to the criteria of said section finds that: 15.1 The new zoning will be harmonious with and in aeeordance with the Comprehensive Plan; FINDINGS OF FACT AND CONCLUSIONS OF LAW . AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.83 ACRES FROM R-4 TO L-O BY MERIDIAN FIRST BAPTIST CHURCH I (RZ-02-007) - 3 15.2 The area included in the zoning amendment is not intended to be rezoned in the future; 15.3 The proposed use will be designed, eonstructed, operated and maintained to be harmonious and appropriate in appearanee with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area, subject to the eonditions of the eonditional use process; 15.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the eonditional use process; 15.5 The area will be served adequately by essential public facilities and serviees such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 15.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 15.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 15.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 15.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 15.10 The proposed zoning will be in the best interest of the City of Meridian. 15.2 Staff and Agency recommendations and/or conditions provide as follpws: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Conditions of Approval 1. All signage in the proposed project shall be in aceordance with the FINDINGS OF FACT AND CONCLUSIONS OF LAW . AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.83 ACRES FROM R-4 TO L-O BY MERIDIAN FIRST BAPTIST CHURCH I (RZ-02-007) - 4 standards set forth in Section 11-14 ofthe City of Meridian Zoning and Development Ordinance. 2. Provide off-street parking in aecordance with the City of Meridian Ordinance 11-13 for use of property when re-developed or when an addition takes place on the property. 3. All future construction shall eonform to the requirements of the Americans with Disabilities Act. 4. Any assessments or re-assessments for sewer and water serviee for any new or expanded uses will be determined during the Certifieate of Occupancy process. 5. Development, re-development or expansions of existing uses of the property shall be in eonformance with the Meridian City Code. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. If the rezone is approved and the District receives a development proposal, the District intends to provide site-specific requirements that may apply upon District review of future development. The Findings for Consideration cover a portion of the District policies that will pertain to any development proposal for this site. 2. 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. Replaee any existing damaged curb, gutter and sidewalk and any that niay 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 Serviees FINDINGS OF FACT AND CONCLUSIONS OF LAW . AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.83 ACRES FROM R-4 TO L-O BY MERIDIAN FIRST BAPTIST CHURCH I (RZ-02-007) - 5 at 387-6280 (with file numbers) for details. 5. All design and construction shall be in aceordance 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 ehanges. 7. Construction, use and property development shall be in conformanee with all applicable requirements of the Ada County Highway Distriet prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in aceordance with Ordinance #195, also known as Ada C~)Unty Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD eonduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and eonditions 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 Distriet. . 11. Any change by the applieant in the planned use ofthe property which is the subject of this application, shall require the applicant to eomply with all rules, regulations, ordinances, plans, or other regulatory and legal.', . restrictions in force at the time the applicant or its suecessors 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW . AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.83 ACRES FROM R-4 TO L-O BY MERIDIAN FIRST BAPTIST CHURCH / (RZ-02-007) - 6 C. Adopt the recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. 2. Meet the requirements of the 1997 Uniform Fire Code & Building Codes. 16. It is found that the adopted Comprehensive Plan's Future Land Use Map delineates the property as "Publie/Quasi-Public" and "Medium Density Residential". The requested L-O zoning is harmonious with the "Public/Quasi-Public" and "Medium Density Residential" designation and is in aeeordance with the overall goals and policies ofthe Comprehensive Plan. Churches are conditional uses in the Medium Density Residential District, and the L-O zoning if the Medium Density designated portion ofthe property is not objected to. 17. It is found that the proposed zoning amendment eomplies with the intended zone(s) supported by the Future Land Use Map. It is not anticipated that the property will be rezoned in the future. 18. It is found that the Applicant has not submitted detailed development plans for the un-built parcels within the development; however, it is found that the land to be rezoned will be re-developed as a church use. If the property is developed in accordance with the MCC, all new chureh development would be allowed under the new L-O zoning designation. 19. The recent adoption of the Comprehensive Plan changed the land use designation of the property from "Existing Urban" to "Public/Quasi-Public" and "Medium Density Residential" on the City's Future Land Use Map. 20. It is found that all development on the subject property will be required to comply with the MCC, and that the future development of the land will be in harmony to the existing and FINDINGS OF FACT AND CONCLUSIONS OF LAW . AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.83 ACRES FROM R-4 TO L-O BY MERIDIAN FIRST BAPTIST CHURCH / (RZ-02-007) - 7 intended character of the area. All commercial development applications will have to be weighed on the merits of the specific application. All development will require a Certificate of Zoning Compliance or Conditional Use Permit application, as determined by the Schedule of Use Control in the City's Zoning Ordinance. 21. It is found that the re-zone to L-O should not be disturbing to existing or future neighboring uses. Specific uses allowed (either permitted uses or conditional uses) within the L- o zone may be disturbing to future or existing neighbors; however each development will be required to comply with the approval requirements of the MCC. 22. It is fotlnd .that the proposed uses will be adequately served by all essential public services and facilities. 23. It is found that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, it is found that the proposed rezone would not be detrimental to the economic welfare of the eommunity. 24. It is found the L-O zoning designation ofthe property does not inherently allow uses that will generate activities, processes, materials, equipment, and conditions that are detrimental to the general welfare ofthe community. 25. It is found that the proposed L-O zoning will not interfere with general traffic patterns on any public streets. 26. It is not found that any natural or scenic feature will be lost, damaged or destroyed by approval of this rezone. 27. It is found that the zoning amendment would be in the best interest of the City by allowing a property owner to make improvements to the property that would otherwise not be FINDINGS OF FACT AND CONCLUSIONS OF LAW . AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.83 ACRES FROM R-4 TO L-O BY MERIDIAN FIRST BAPTIST CHURCH / (RZ-02-007) - 8 allowed without the zoning amendment. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Aet of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. The requested .zoning of Limited Office, (L-O) is defined in the Zoning Ordinance at 11-7-2 G as follows: (L-OJ Limited Office District: The purpose of the L-O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographie, public serviee and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufaeturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose ofthis District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 4. Idaho Code S 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of serviees by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 5. Idaho Code g 67-6511A provides: FINDINGS OF FACT AND CONCLUSIONS OF LAW . AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.83 ACRES FROM R-4 TO L-O BY MERIDIAN FIRST BAPTIST CHURCH I (RZ-02-007) - 9 Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subj ect parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional eommitments. 6. The City of Meridian by the adoption of Meridian City Code SI1-15-12 has exercised its authority to require or permit as a eondition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. 7. S 11-6-1 ZONING DISTRICT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1. Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the eenterline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the eenterlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a distriet follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. S 11-15-11ofthe Meridian City Code GENERAL STANDARDS ;APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: FINDINGS OF FACT AND CONCLUSIONS OF LAW . AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.83 ACRES FROM R-4 TO L-O BY MERIDIAN FIRST BAPTIST CHURCH I (RZ-02-007) - 10 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed under the new zonmg. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character ofthe general vicinity and that such use will not change the essential eharaeter of the same area; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such servIces; 8.8 The use will not ereate excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 8.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of exeessive production of traffic, noise, smoke, fumes, glare or odors; 8.10 The area will have vehicular approaches to the property which shall be so . designed as not to create an interferenee with traffic on surrounding pu~li~ streets; 8.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 8.12 The proposed zoning amendment is in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW . AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.83 ACRES FROM R-4 TO L~O BY MERIDIAN FIRST BAPTIST CHURCH I (RZ-02-007) - 11 DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of approximately 2.83 acres, to keep the subject property as the current use as a church Public/Quasi-Public and Medium Density Residential property under the proposed L-O zone, is granted, subject to the terms and conditions ofthis Order hereinafter stated; and 2. The following. special terms and conditions of use and development relate to this application to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Conditions of Approval I. All signage in the proposed project shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. 2. Provide off-street parking in accordance with the City of Meridian Ordinanee 11-13 for use of property when re-developed or when an addition takes place on the property. 3. All future construction shall conform to the requirements of the Americans with Disabilities Aet. 4. Any assessments or re-assessments for sewer and water service for ahy. new or expanded uses will be determined during the Certificate of Occupancy process. 5. Development, re-development or expansions of existing uses of the property shall be in eonformance with the Meridian City Code. B.Adopt the Recommendations of ACHD as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW . AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.83 ACRES FROM R-4 TO L-O BY MERIDIAN FIRST BAPTIST CHURCH / (RZ-02-007) - 12 Site Specific Conditions of Approval 1. If the rezone is approved and the Distriet receives a development proposal, the District intends to provide site-specific requirements that may apply upon Distriet review of future development. The Findings for Consideration cover a portion of the District policies that will pertain to any development proposal for this site. 2. 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 Services proeedures and all applieable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and eertify 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW . AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.83 ACRES FROM R-4 TO L-O BY MERIDIAN FIRST BAPTIST CHURCH / (RZ-02-007) - 13 County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applieant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall eontact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No ehange 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 applieation, shall require the applicant to eomply with all rules, regulations, ordinances, plans, or other regulatory and legal restrietions 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 waiverlvarianee 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. That a fire-flow consistent with Appendix ill-A ofthe Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A. 2. Meet the requirements ofthe 1997 Uniform Fire Code & Building Codes. 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re-designation of the zoning for the real property which is the subjeet of the application to (L-O) Limited Office (Meridian City Code S 11-7-2 G) which ordinance shall be considered for passage. FINDINGS OF FACT AND CONCLUSIONS OF LAW . AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.83 ACRES FROM R-4 TO L-O BY MERIDIAN FIRST BAPTIST CHURCH / (RZ-02-007) - 14 4. Subsequent to the passage of the Ordinance, provided for in Section 2 ofthis Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code S 11-21-1 in accordanee with the provisions of the rezoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body ofthe City of Meridian, pursuant to Idaho Code S 67-6521. An affeeted person being a person who has an interest in real property which may be adversely affected by the issuance or denial ofthe rezoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by C)1apter 52, Title 67, Idaho Code. ~ ? t!? I.:- By action o"fthe City Council at its regular meeting held on dt:'i4u-uvl.!! ?-D ,2003. V ROLL CALL COUNCILMAN BIRD /J" VOTED l/.6kJ COUNCILWOMAN deWEERD VOTED~ COUNCIL WOMAN McCANDLESS VOTED~ COUNCILMAN NARY VOTED ye/<-.-- MAYOR ROBERT CORRIE (TIE BREAKER) DATED: I-ZiJ---03 - VOTED MOTION: ~ APPROVED:~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW . AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.83 ACRES FROM R-4 TO L-O BY MERIDIAN FIRST BAPTIST CHURCH I (RZ-02-007) - 15 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. Byd!dZ~M~~ r;2 City Clerk II Dated: I/" ZS/"y/ J Z:\Work\M\Meridian\Meridian 15360M\Meridian First Baptist Church RZ-02-007\FfsClsOrderREZ.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW . AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.83 ACRES FROM R-4 TO L-O BY MERIDIAN FIRST BAPTIST CHURCH f (RZ-02-007) - 16 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR MERIDIAN HEAD START IN THE O-T ZONE, LOCATED AT 321 AND 333 WEST BROADW A Y AVENUE, MERIDIAN, IDAHO FRIENDS OF CHILDREN & FAMILIES,INC., APPLICANT CIC 01/14/03 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-037 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having eome before the City Council on January 14, 2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and Lewis Landry, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the eonditional use permit was published for two FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 (2) consecutive weeks prior to the said public hearing scheduled for January 14, 2003, before the City Council, the first publication appearing and written notiee having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the eopies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly eonsidered by the City Council at the January 14, 2003, public hearing; and the applieant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notiee and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an I-L zone and by reason ofthe provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. 4. The property is loeated at 321 and 333 West Broadway Avenue, Meridian, Idaho. 5. The owners of record of the subject property are Lois Marrs, 771 N.W. 15th, Meridian, Idaho 83642 and Jeanette Shaffer, 2610 Polk Street, Caldwell, Idaho 83605. 6. Applicant is Friends of Children and Families, Inc., 4709 W. Camas, Boise, Idaho 83705. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 7. The subject property is currently zoned I-L. An application for Rezone to O-T is currently pending before the City of Meridian. The zoning district of 0- T is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for development of a two classroom Head Start Center serving young children and their families and also a 400 sq. ft. community meeting room. The 0- T zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in complianee with the Meridian Comprehensive Plan. 10. The use proposed within the subjeet application will in fact, constitute a conditional use as determined by City Ordinance. 11. The City Council recognizes the concerns of James Cain expressed in his letter dated November 15, 2002. The Council also recognizes the letters of support from Patty Miles dated November 20,2002; Marianne Watson dated December 4,2002; Kara Kerbs dated December 2, 2002; Molly Struckman dated December 31, 2002; Jan Cox dated December 2, 2002; Craig and Dawn Downum dated December 3, 2002. 12. The Meridian City Council takes judicial notice of its Zoning, Subdiyision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan ofthe City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by politieal subdivisions providing serviees to the subject real property within the planning jurisdiction ofthe City of Meridian, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: I. The applicant should not be required to tile the Rutledge Lateral. In lieu of tiling, the applieant shall construct a fence along the southern boundary of the project. B. Adopt the Reeommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements L The applicant shall submit a new landscape plan, in compliance with the City's Landseape Ordinance, when submitting for a Certificate of Zoning Compliance. All landscaping shall be continuously maintained, and any dead or dying vegetation shall be replaced upon request from the City. 2. A detached sidewalk on Broadway Avenue shall be installed as submitted on the submitted site plan (Sheet C-l, revised 11-8-02). 3. Parking shall be installed as submitted on the site plan (Sheet C-l, revised 11-08-02) and shall be in compliance with the ADA and MCCll-13. 4. The slope in the storm-water detention basin shall not be steeper thap a 3:1 slope. 5. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 6. All signage shall be in accordance with the standards set forth in Section 11-14 of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 7. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the Uniform Building Code. 8. A Certificate of Zoning Compliance and a Certificate of Occupancy shall be obtained prior to opening the preschool. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. In accordanee with District policy, the applicant shall be required to improve the unopened right-of-way of 4th Street. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on the unopened right-of-way abutting the pareel. Improvements shall be construeted to one-half of a 40-foot street section. OR In accordance with District policy, the applicant shall vaeate the unopened right- of-way. The applicant shall submit an application to vacate the unopened right-of-way abutting the site at the west property line running the entire length of the site. The applicant intends to vaeate the right-of-way to incorporate that property in the site. If the property is appraised at a value less than $2,500, the applicant will not have to purchase the right-of-way. 2. Construct curb, gutter, 5-foot wide detached concrete sidewalk and match paving on Broadway Avenue abutting the pareel as proposed on the site plan. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an. easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk. An agreement must be approved prior to scheduling the final plat for signature. Please contact the Right-of-Way Division at 387-3271 for guidelines. 3. Construct the service driveway # 1 on Broadway Street loeated 15-feet FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 east of the west property line. This location does not meet District policy for offsets from an intersection, but shall be approved by Commission action with a modification of policy. 4. Construct driveway # 2 on Broadway Street located 110-feet east ofthe west property line as proposed on the site plan. This location meets District policy and is approved with this application. 5. Replace any unused curb cut on Broadway Avenue with standard curb, gutter and 5-foot wide detached concrete sidewalk to mateh proposed improvements. 6. Pave the driveways to their full-required width and to a point 30-feet beyond the edge of pavement of Broadway Avenue. 7. 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 eonstruction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street euts in pavement less than five years old are not allowed unless approved in writing by the District. Contaet 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 specifieally waived herein. An engineer registered in the State of Id~o shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuanee of building permit (or other required permits), which incorporates any required design changes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 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 applieable road impact fees are required prior to building construction in accordanee with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD eonduits (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 applieant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiverlvariance 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 recommendations of Central Distriet Health Department as follows: 1. Plans are required to be submitted for a plan review for any childcare center. 2. Applicant must contact Susie Simons at CDHD 327-8530 regarding licensure of the facility. E. Adopt the recommendations ofNampa & Meridian Irrigation District as follows: 1. File a Land Use Change Application with the Irrigation District for its review. 2. If a pressure urban irrigation system is proposed that will be owned, operated and maintained by the Irrigation District, please coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation ofthe FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 pressure system. 3. The District's Rutledge Lateral and Ninemile Drain course along the south boundary ofthe proposed project. Any encroachments within the rights-of-way without approval plans and a signed License Agreement are unacceptable. F. Adopt the recommendations of Sanitary Service Company as follows: I. Address the concerns of Bill Gregory, SSC, 888-3999 regarding waste volume & enclosure width. G. Adopt the recommendations of Meridian Fire Department as follows: I. A Daycare Center serving 145 students will be required to meet the requirements of the Uniform Building & Fire Codes. 2. A Daycare Center will be required to pass an inspection based on the requirements of the Idaho State Fire Marshal's Office. H. Adopt the action of the City Couneil taken at their January 14, 2003 meeting as follows: 1. The applicant is allowed the waiver from tiling of the Rutledge Lateral. 2. For clarification, the applicant shall keep as many of the existing trees that are presently located upon the properties, except those that are diseased or aged. 14. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking landscaping and other features as may be required by this ordinance; Landscaping-The proposed preschool building will be constructed between two (2) existing residential uses, thus requiring the applieant to provide a twenty-foot (20') landseape buffer between the proposed preschool use and the existing residential uses per MCCI2-13-12-4. Due to size limitations, the site eannot accommodate both of the required landscape buffers and the proposed building, however, the Landscape Ordinance does provide a measure of relief from this requirement in the "Alternative Compliance" section ofthe MCC,(seetion 12- 13-18). . The "Alternative Compliance" seetion of code allows the applicant to request a reduction ofthe landscaping requirements if certain conditions are met; such as space limitations, or a change of use on an existing lot results in a buffer that is larger than can be provided on the property, as is the case for the subject property. It is up to the City to determine if the reduced landscaping is sufficient and ifit meets the intent of the ordinance. In this case FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 the applicant for this project has requested that the buffers be reduced to six feet (6') on the west property line and eight feet (8') on the east property line, and staff does not object to the requested landscaping reductions. Other Features- Staff finds that the site is large enough for all ofthe other required development features such as parking, open space, yards and street improvements. 15. The current Comprehensive Plan Land Use Map designates the property as "Old Town". Therefore, it is found that the requested presehool, if it complies with the conditions of approval for the requested CUP, can be developed in harmony with the Meridian Zoning Ordinance and the Comprehensive Plan. 16. It is found that the proposed development will not change the existing or intended character of the general vicinity, and that the design and operation ofthe development will be in harmony with the intended mixed-use character ofthe Old Town district. 17. It is not anticipated that the proposed use will have any adverse effect on nearby properties. 18. It is found that the proposed development will be adequately served by the essential public facilities and serviees. 19. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new faeilities or services to be paid for by the public. 20. It is found that no exeessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. 21. It is found that the proposed use will not create significant interference with any FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 traffic on the surrounding public streets as long as ACHD requirements are met and all approaches and traffic control measures are installed. 22. It is found that no natural or scenic feature will be lost, damaged or destroyed by issuance ofthis conditional use. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. S67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Seetion 67-6504 which the City Council of the City of Meridian has established by the passage ofthe "City of Meridian Zoning and Development Ordinance" at Titles XI and XIT, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notiee provision required, provide for the process of special and/or conditional use permits whieh a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specifie provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts..and cireumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17-3) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, eonstruction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential eharacter ofthe same area; d. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, poliee and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economie welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenie or historic feature considered to be of major importance. 5. Prior to granting a eonditional use permit in the Old Town District (O~T), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries ofthe land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applieant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that eonditional use applications for land in Old Town and in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with eonditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinanee, and Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions ofthat approval that reasonably: A. Minimize adverse impaet on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exaet location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, whieh was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for development of a two classroom Head Start Center serving young children and their families and also, a 400 sq. ft. community meeting room in the 0- T zone located at 321 and 333 West Broadway Avenue, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The applicant should not be required to tile the Rutledge LateraL In lieu of tiling, the applicant shall construct a fence along the southern boundary of the project. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Speeific Requirements 1. The applicant shall submit anew landscape p lan, in complianee with the City's Landscape Ordinance, when submitting for a Certifieate of Zoning Compliance. All landscaping shall be continuously maintained, and any dead or dying vegetation shall be replaced upon request from the City. 2. A detached sidewalk on Broadway Avenue shall be installed as submitted on the submitted site plan (Sheet C-l, revised 11-8-02). 3. Parking shall be installed as submitted on the site plan (Sheet C-1, revised 11-08-02) and shall be in compliance with the ADA and MCC11-13. 4. The slope in the storm-water detention basin shall not be steeper than a 3: 1 slope. 5. All exterior lighting, whether attached to the building or located within the parking FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinanee 11-13-4C. 6. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 7. All construetion and site improvements shall conform to the requirements of the Americans with Disabilities Act and the Uniform Building Code. 8. A Certificate of Zoning Compliance and a Certificate of Occupancy shall be obtained prior to opening the preschool. C. Adopt the Reeommendations of ACHD as follows: Site Specific Conditions of Approval I. In accordance with District policy, the applicant shall be required to improve the unopened right-of-way of 4th Street. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on the unopened right-of-way abutting the parcel. Improvements shall be construeted to one-half of a 40-foot street section. OR In accordance with Distriet policy, the applicant shall vaeate the unopened right- of-way. The applicant shall submit an application to vaeate the unopened right-of-way abutting the site at the west property line running the entire length of the site. The applicant intends to vacate the right-of-way to incorporate that property in the site. If the property is appraised at a value less than $2,500, the applicant will not have to purchase the right-ofway. . 2. Construct eurb, gutter, 5-foot wide detached concrete sidewalk and match paving on Broadway Avenue abutting the parcel as proposed on the site plan. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside ofthe right-of-way, provide an easement for the sidewalk. The District will require a lieense agreement FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 for the landscape strip with the detached sidewalk. An agreement must be approved prior to scheduling the final plat for signature. Please contact the Right-of-Way Division at 387-3271 for guidelines. 3. Construct the service driveway # 1 on Broadway Street located 15-feet east ofthe west property line. This location does not meet District policy for offsets from an intersection, but shall be approved by Commission action with a modification of policy. 4. Construct driveway # 2 on Broadway Street located 110-feet east of the west property line as proposed on the site plan. This location meets Distriet policy and is approved with this application. 5. Replace any unused curb cut on Broadway Avenue with standard curb, gutter and 5-foot wide detached concrete sidewalk to match proposed improvements. 6. Pave the driveways to their full-required width and to a point 30-feet beyond the edge of pavement of Broadway Avenue. 7. 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 eonstruction of the proposed development. Contaet 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 Construetion Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordanee 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 6. The applieant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which ineorporates 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 impaet fees are required prior to building construction in accordanee with Ordinance #195, also known as Ada County Highway District Road Impaet Fee Ordinanee. 9. It is the responsibility of the applicant to verifY all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are eompromised 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 ofthe Ada County Highway District. The burden shall be upon the applieant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use ofthe property which is the subject of this applieation, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use ofthe subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the recommendations of Central Distriet Health Department as follows: 1. Plans are required to be submitted for a plan review for any childcare center. 2. Applicant must contact Susie Simons at CDHD 327-8530 regarding lieensure of the facility. E. Adopt the recommendations ofNampa & Meridian Irrigation District as follows: 1. File a Land Use Change Application with the Irrigation District for its review. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 2. If a pressure urban irrigation system is proposed that will be owned, operated and maintained by the Irrigation District, please eoordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation ofthe pressure system. 3. The Distriet's Rutledge Lateral and Ninemile Drain course along the south boundary of the proposed project. Any encroachments within the rights-of-way without approval plans and a signed License Agreement are unacceptable. F. Adopt the recommendations of Sanitary Service Company as follows: I. Address the concerns of Bill Gregory, SSC, 888-3999 regarding waste volume & enclosure width. G. Adopt the recommendations of Meridian Fire Department as follows: 1. A Daycare Center serving 145 students will be required to meet the requirements of the Uniform Building & Fire Codes. 2. A Daycare Center will be required to pass an inspection based on the requirements of the Idaho State Fire Marshal's Office. I. Adopt the action of the City Council taken at their January 14, 2003 meeting as follows: 1. The applicant is allowed the waiver from tiling of the Rutledge Lateral. 2. For clarification, the applicant shall keep as many of the existing trees that are presently located upon the properties, except those that are diseased or aged. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant 'sh~ll meet such requirements as a condition of approval ofthe application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notiee that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By aetion of the City Council at its regular meeting held on the 2f3~ day of J~7 ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED ffbS0d COUNCILWOMAN TAMMY deWEERD VOTED fjetL- COUNCILWOMAN CHERIE Mc CANDLESS VOTED ijeRL- v COUNCILMAN WILLIAM L.M. NARY VOTED~ MAYOR ROBERT'p. CORRIE (TIE BREAKER) VOTED DATED: 1-$-13,--03 MOTION: ~_ APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. \\\\1\\11111111/ \\11 c aA.~ It/I ,,\ ,Or- rv:ct:>,tl'// \' ..("Y. 'if, ,;? // -...' ".~ -''& 'i ,,::: () 7_0'f',.'f',.PPOOiYlYAlA '-"- - 11. ....-;.. ::-- (,V ~lh, .-;. /-2f}.-tJ3l ~ ~ \ \ SEAL ~ -;' !'J ~.K (/"-:) nO:::: > w(7 .'. Cd,. "\" 0 .:;:- ..~ ~'f~ ..... ~'0? ~ ...... <. "'; .," I 1S,' ~.::- <::"., 0;1.,/ ("\ '^v <'\ ~ ,......::- .,.... _e("\'.'''-r\{ \\..1 ", ~(__~/~ y'" "_~:I\~ -.: I \\,\" "" I.. ~ n ,\ \ By:didZ~ pJf0Jl 9 City Clerk {I - Dated: Z:\Work\M\Meridian\Meridian 15360M\Meridian Head Start RZ-02-006 CUP.o2-037\FfClsCUP02-037.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR MERIDIAN HEAD START IN THE 0- T ZONE, LOCATED AT 321 AND 333 WEST BROADWAY AVENUE, MERIDIAN, IDAHO FRIENDS OF CHILDREN & FAMILIES,INC., APPLICANT C/C 01114/03 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-037 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter eoming before the City Council on January 14, 2003, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit applieation and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for development of a two classroom Head Start Center serving young children and their families and also for a 400 sq. ft. community meeting room in the O-T zone located at 321 and 333 West Broadway Avenue, Meridian, Idaho, subject to the following conditions of use and ~evelopment: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The applicant should not be required to tile the Rutledge Lateral. In lieu oftiling, the applicant shall construct a fence along the southern boundary of the project. ORDER CONDITIONAL USE PERMIT (CUP-02-037) -1 B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements 1. The applieant shall submit a new landscape plan, in compliance with the City's Landscape Ordinance, when submitting for a Certifieate of Zoning Compliance. All landscaping shall be eontinuously maintained, and any dead or dying vegetation shall be replaced upon request from the City. 2. A detaehed sidewalk on Broadway Avenue shall be installed as submitted on the submitted site plan (Sheet C-l, revised 11-8-02). 3. Parking shall be installed as submitted on the site plan (Sheet C-1, revised 11-08-02) and shall be in compliance with the ADA and MCCII-13. 4. The slope in the storm-water detention basin shall not be steeper than a 3:1 slope. 5. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in aecordance with Ordinance 11-13-4C. 6. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applieant. 7. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the Uniform Building Code. 8. A Certificate of Zoning Compliance and a Certificate of Occupancy shall be obtained prior to opening the preschool. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. In accordance with District policy, the applicant shall be required to improve the unopened right-of-way of 4th Street. ORDER CONDITIONAL USE PERMIT (CUP-02-037) -2 Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on the unopened right-of-way abutting the pareel. hnprovements shall be constructed to one-half of a 40-foot street section. OR In accordance with District policy, the applicant shall vacate the unopened right- of-way. The applicant shall submit an application to vaeate the unopened right-of-way abutting the site at the west property line running the entire length of the site. The applicant intends to vacate the right-of-way to incorporate that property in the site. If the property is appraised at a value less than $2,500, the applicant will not have to purchase the right-ol-way. 2. Construct curb, gutter, 5-foot wide detached eoncrete sidewalk and mateh paving on Broadway Avenue abutting the parcel as proposed on the site plan. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside ofthe right-of-way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk. An agreement must be approved prior to scheduling the final plat for signature. Please contact the Right-of-Way Division at 387-3271 for guidelines. 3. Construct the service driveway # 1 on Broadway Street located IS-feet east of the west property line. This location does not meet District policy for offsets from an intersection, but shall be approved by Commission action with a modification ofpoliey. 4. Construct driveway # 2 on Broadway Street located I IO-feet east of the west property line as proposed on the site plan. This location meets District policy and is approved with this application. 5. Replace any unused curb cut on Broadway Avenue with standard curb, gutter and 5-foot wide detached concrete sidewalk to match proposed improvements. 6. Pave the driveways to their full-required width and to a point 30-feet beyond the edge of pavement of Broadway Avenue. 7. Comply with all Standard Conditions of Approval. ORDER CONDITIONAL USE PERMIT (CUP-02-037) -3 Standard Conditions of Approval I. 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 construetion shall be in accordance with the Ada County Highway Distriet Policy Manual, ISPWC Standards and approved supplements, Construction Serviees proeedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applieable requirements of the Ada County Highway District prior to District approval for occupaney. 8. Payment of applicable road impact fees are required prior to building construction in accordanee with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of eonstruction. ORDER CONDITIONAL USE PERMIT (CUP-02-037) -4 10. No change in the terms and eonditions 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 Distriet. The burden shall be upon the applicant to obtain written eonfirmation of any change from the Ada County Highway Distriet. 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, 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 subjeet property unless a waiverlvariance 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 recommendations of Central District Health Department as follows: 1. Plans are required to be submitted for a plan review for any childcare center. 2. Applicant must contact Susie Simons at CDRD 327-8530 regarding licensure of the facility. E. Adopt the recommendations ofNampa & Meridian Irrigation District as follows: 1. File a Land Use Change Application with the Irrigation Distriet for its review. 2. If a pressure urban irrigation system is proposed that will be owned, operated and maintained by the hTigation District, please coordinate with John P. Anderson, Water Superintendent for the Irrigation District, eoncerning the installation of the pressure system. 3. The District's Rutledge Lateral and Ninemile Drain course along the south boundary ofthe proposed project. Any encroaehments within the rights-of-way without approval plans and a signed License Agreement are unaceeptable. F. Adopt the recommendations of Sanitary Service Company as follows: I. Address the concerns of Bill Gregory, SSC, 888-3999 regarding waste volume & enclosure width. G. Adopt the reeommendations of Meridian Fire Department as follows: 1. A Daycare Center serving 145 students will be required to meet the requirements ORDER CONDITIONAL USE PERMIT (CUP-02-037) -5 of the Uniform Building & Fire Codes. 2. A Dayeare Center will be required to pass an inspection based on the requirements of the Idaho State Fire Marshal's Office. H. Adopt the action of the City Council taken at their January 14,2003 meeting as follows: 1. The applicant is allowed the waiver from tiling of the Rutledge Lateral. 2. For clarification, the applicant shall keep as many of the existing trees that are presently located upon the properties, except those that are diseased or aged. 3. The above conditions are concluded to be reasonable and the applieant shall meet such requirements as a condition of approval of the application for a eonditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the if) t&. day of -cT ~!:J. (/ ,2003. Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. BdJ;a/~R-P~1 {2 City Clerk Dated: /-p~/03 - - - Z:\Work\M\Meridian\Mcridian 15360M\Meridian Head SUlrt RZ-02-006 CUP-02-037\OrderCUP.doc _ ORDER CONDITIONAL USE PERMIT (CUP-02-037) I1UIi)C IlJJ\nu lIl::1l1l/Ua U1:Z5 PM DEPUTY AIi larrondo RECORDED-REQUEST OF( MERfDJAN CITY AMOUNT .00 DEVELOPMENT AGREEMENT 1111111 III 111111111111111I11111111111 103020830 PARTIES: 1. 2. City of Meridian Kimball Properties Limited Partnership, Managing Partner: Winston H. Moore, Owner W.H. Moore Company, Developer 3. THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 2{::P day of Ji~:f ' 2003, by and between CITY OF MERIDIAN, a municipal corporation oftlie State ofIdaho, hereafter ealled "CITY" and KIMBALL PROPERTIES LIMITED PARTNERSHIP, MANAGING PARTNER: WINSTON H. MOORE, hereinafter called "OWNERlDEVELOPER", whose address is PO Box_8204, Boise, Idaho 83707. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference ineorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, LC. S67-6511A, Idaho Code, provides that eities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developer make a written commitment coneerning the use or development of the subject Property; and 1.3 WHEREAS, City has exereised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of the Property as described in Exhibit A, and has requested a designation of (C-C) Community Business District and (C-G) General Retail and Service Commereial District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record ofthe proceedings for the requested annexation and zoning designation of the subject Property held DEVELOPMENT AGREEMENT (AZ-OI-018)-1 before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 2nd day of April, 2002, has approved eertain Findings of Fact and Conclusions of Law and Decision and Order, (AZOI-018 and PP-OI-020), set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings); and 1.8 WHEREAS, following the City's approval to annex and zone the Property, the City approved conditional use permit CUP-OI-037 (CUP-OI-037) governing the detailed development requirements for the Property. On or about April 2, 2002, the City adopted findings of fact and conclusions oflaw supporting CUP-OI-037. 1.9 WHEREAS, the Findings require the Owner/Developer enter into a development agreement before the City Couneil takes final action on annexation and zoning designation; and 1.10 WHEREAS, City requires the OwnerlDeveloper to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions ofthis development agreement, herein being established as a result of evidence received by the City in the proeeedings for annexation and zoning designation from government subdivisions providing serviees within the planning jurisdiction and from affeeted property owners and to ensure annexation and zoning designation is in aecordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. 1.11 OWNERJDEVELOPER agree that they are entering into this agreement voluntarily to satisfy the conditions of the City's approvals sought by OwnerlDeveloper and that the terms hereof have been negotiated by OwnerlDeveloper with the assistance of competent legal counsel of their own ehoosing. NOW, THEREFORE, in consideration of the eovenants and conditions set forth herein, the parties agree as follows: DEVELOPMENT AGREEMENT (AZ-OI-OI8) - 2 2. INCORPORATION OF RECITALS: That the above recitals are contraetual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context ofthe presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue oflaw of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to Kimball Properties Limited Partnership, Managing Partner: Winston H. Moore, whose address is PO Box 8204, Boise, Idaho 83704, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) ofthe "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The portion of the Property bounded on the North by Overland Road, on the east by Eagle Road, on the south by Goldstone Point and on the west by Bonito Way shall be zoned C-c. The remainder of the Property shall be zoned C-G. These boundaries are depicted on Exhibit "C" attached hereto and incorporated herein as if set forth in fulL 4.2 For purposes ofthis Section, the Property shall be divided into t\vo sections. The first section of the Property is comprised of those lots which are contiguous to the right-of-way for the Ridenbaugh Canal, as depicted on Exhibit "C". This section is referted,to as the "Ridenbaugh Section." The second section of the Property is the remainder of the Property, referred to as the "Main Section," also as depicted on Exhibit "C". The paragraphs below describe the uses allowed in the Main Section and the Ridenbaugh Section. 4.3 In the Main Section, the Owner/Developer may construct any use permitted in the underlying zone upon issuance of a Certificate of Compliance and building permit for sueh use. I.e., the developer DEVELOPMENT AGREEMENT (AZ-O 1-0 18) " 3 may construct uses permitted in the C-C zone for lots zoned C-C and uses permitted in the C-G zone for lots zoned C-G. In addition, Owner/Developer may construct the other permitted uses listed in Exhibit "D" (which is attached hereto and incorporated herein as if set forth in full) on any lot in the Main Section. Further, Exhibit "D" lists certain uses that are allowed in the Main Section upon issuance of a conditional use permit, pursuant to the City's approval requirements for such permits. Finally, all uses prohibited in the underlying C-G or C-G zone are prohibited in the Main Section, and Exhibit "D" outlines additional prohibited uses. 4.4 In the Ridenbaugh Section, all uses allowed in the L-O zone and flex uses are permitted uses. All other uses listed in Exhibit "D" as either allowed or conditional uses are allowed in the Ridenbaugh Section as conditional uses. All uses prohibited in the underlying C-G zone are prohibited in the Ridenbaugh Section, as are all prohibited uses listed in Exhibit "D". 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY. 5.1 Owner/Developer agrees to develop the Property in conformance with the Decisions and Orders issued in AZ-01-108, PP01-020 and CUP-OI-037, except as those requirements may be modified by mutual agreement. 5.2 Building height in the Ridenbaugh Section is limited to 35 feet. 5.3 Owner/Developer agrees to develop the Property in conformance with the Zoning and Development Ordinanee in effect at the time of development, except where said ordinanees conflict with CUP- 01-037, in which instances the approved eonditions will supercede. 6. DEFAULT: 6.1 Events of Default. The following shall be events of default under this Agreement: 6.1.1 Construction and dedication of certain public improvements required by PP-OI-020 and CUP 01-0137 must be completed within two (2) years of the effective date of this Agreement. Failure to complete the following conditions ofCUP-01-037 (and corresponding conditions in PP-OI-020) within the stated timeframe shall constitute a default: 1, 19-35,37,38,50 and 52. DEVELOPMENT AGREEMENT (AZ-OI-018) - 4 6.1.2 Failure to comply with any other requirement of AZ-Ol- 018, PP-OI-020, and CUP 01-0137. 6.1.3 Failure to comply with the permitted use requirements of Paragraph 5 above. 6.1.4 Failure to eomply with the height limitations established for the Ridenbaugh Section. 6.1.5 Failure of Owner/Developer to comply with any applicable Ordinance ofthe City of Meridian. To the extent that the violation only affects a part of the Property, the default of this Agreement shall only be deemed to affect that same portion of the Property. 6.2 Notice and opportunity to cure. If the City alleges that a breach of this Agreement has occurred, the City shall provide written notice pursuant to paragraph 11 to Owner/Developer. Owner/Developer shall have thirty (30) days from reeeipt of notice to initiate eommencement of action to correct the breach and cure the default, which action must be prosecuted with diligenee and eompleted within one hundred eighty (180) days. 6.2.1 Provided, however, that in the case of any such default whieh cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure is extended for such period as may be necessary to complete the curing ofthe same with diligence and continuity. 6.2.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for sueh performance, whieh shall include, without limitation, aets of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 6.2.3 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any sueh or other eovenants and conditions. DEVELOPMENT AGREEMENT (AZ-OI-018) - 5 6.3 Remedies. In the event of default, the parties shall have the following options: 6.3.1 In the event of default by OwnerJDeveloper, OwnerJDeveloper shall be deemed to have consented to modification ofthis Agreement, de-annexation or reversal of the zoning designations described herein, upon the City's compliance with all applicable laws, ordinances and rules. OwnerJDeveloper reserves all rights to contest whether a default has occurred. 6.3.2 If any default arises solely from the act or omission of a successor owner of any lot or parcel within the Property, the remedies set forth herein shall apply only to such lot or parcel. 6.3.3 This Agreement shall be enforceable in any court of competent jurisdiction by either City or OwnerJDeveloper, or by any successor or successors in title or by the assigns of the parties hereto. Enforeement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7. INSPECTION: OwnerJDeveloper shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspeetions and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 8. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner/Developer's eost, and submit proof of such reeording to OwnerJDeveloper, prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property by the City Council. If for any reason after such reeordation, the City Council fails to adopt the ordinance in eonnection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an , appropriate instrument of release of this Agreement. . 9. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 10. SURETY OF PERFORMANCE: The City may, but is not obligated to, require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under Meridian City Code Seetion 12-5-3, as required by DEVELOPMENT AGREEMENT (AZ-O 1 ~O 18) - 6 PP-OI-020 and CUP 01-0137, to insure installation of the improvements, whieh the Owner/Developer agrees to provide, if required by the "City". 11. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certifieates of Occupancy will be issued until all improvements are completed, unless (a) the City and Owner/Developer enter into a written addendum hereto setting forth permitted phasing ofthe improvements, and (b) all improvements for the phase applicable to the facility for which the Certificate of Occupancy is requested have been completed. 12. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNERlDEVELOPER: c/o City Engineer Kimball Properties Limited Partnership, Managing Partner: Winston H. Moore P.O. Box 8204 Boise, ill 83707 City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 12.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 13. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attomey's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contraet between the parties and shall survive any default, termination or forfeiture of this Agreement. 14. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to eaeh and every term, condition and provision hereof, and that the failure to timely perform any of the obligations DEVELOPMENT AGREEMENT (AZ.OI-018)-7 hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 15. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, ineluding City's corporate authorities and their successors in office. This Agreement shall be binding on the owner of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrietions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its reasonable discretion, determines that Owner/Developer has fully performed its obligations under this Agreement. 16. INVALID PROVISION: If any provision of this Agreement is held not valid by a eourt of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 17.1 No condition governing the uses and/or conditions governing development of the subject Property herein provided for ean be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 18. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in eonnection with the annexation and zoning ofthe Property and execution ofthe Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-OI-018) ~ 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein exeeuted this agreement and Made it effective as hereinabove provided. OWNERlDEVELOPER: ~~-- PARTNERSHIP, MANAGING PARTNER: WINSTON H. MOORE Attest: BY: STATE OF IDAHO ) ):ss COUNTY OF ADA ) On this 2l2>t day of J?1Vlvt-lV\( , in the year 2003, before me, 41ff'X1 Co I ton Jt Notary Public, personally appeared Winston H. Moore, managing partner of Kimball Properties Limited '. Partnership, known or identified to me to be the person who executed the instrument and ackno~d~Q.iR. me that he executed the same. ........ ~ to. C Of .,~.~ ,'" G;) 1"\ .....t,<#' .... ~y .......a.o~.( () +, ! 'Y .0,. &<1'1,1. ,,,} ',~., .. ~ . '..":. ! ." ~OT A.R >~ '~_ :. ... J , =(o;;:1=IA T ',\ -1. ... ~-L.LJ dillD'e4!IIID :.. >. : ~ C :t ; .. PUB\.\ 'I" .: ... .. 0 .. c:. ~ 0. 00 ~ .. '),. "0 .. ~....~ .. .... ~~ ....00. l>.-~y.... .... .~ "',.., 1~~' .... .... oJ.i.~ 0 F ~ v ~.. "'~'. . .-:'J.~~\.'\ BY: A1ee7(;\ ~Wl tv V] Notary Public for Idaho Residing at: ~ 0C- Commission expires: /0-31- Ow DEVELOPMENT AGREEMENT (AZ-OI-018) - 9 ST ATE OF IDAHO ) ):ss County of Ada ) "10- I) On this lL.,b day of (lN1.tlCil..,:V;', in the year 2003, before me, a Notary Public, personally appeared obert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and aeknowledged to me that such City executed the same. (SEAL) ~1i=lllClIl", ~4 '0. 9J;L~...t::.. <> ... ~~. ." /~O'tA..!?t..~~o oCoo I ""V \~,a>" f> II I l Il CI ' III III I L : III , It 111 \ . .. .. fom;C lit .. IP~"" ~ ~; 0.. . .... ~, ... .. ~,.;.--" ~ .. .....uOF~... ........... ~ cJlu-,'>, ~YvLt -t~ Notary P blic for Idaho Commission expires: 1{ - 'Z g -OS' DEVELOPMENT AGREEMENT (AZ-Ol~018) - 10 EXHIBIT A Legal Description Of Property c-c A parcel ofland located in the NE !.4 of Section 20, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the northeast corner of said Section 20; thence, along the northerly line of said section said northerly line also being the centerline of Overland Road South 89046'25" West 1030.51 feet; thence leaving said northerly line South 00013'31" East 202.01 feet to a point of curvature; thence Along said eurve to the left, said curve having a radius of700.00 feet, an arc length of223.84 feet, a central angle of 18019'18", and a chord bearing South 09023'16" East a distance of222.89 feet; thenee South 18032'55" East 108.43 feet to a point of curvature; thenee Along said curve to the right, said curve having a radius of2000.00 feet, an are length of 1047.10 feet, a central angle of29059'50", and a chord bearing South 03033' 00" East a distance of 1035.19 feet; thence South 78033'05" East 278.98 feet to a point of curvature; thence, Along said curve to the right, said curve having a radius of 750.00 feet, an arc length of314.43 feet, a central angle of 2400 I ' 14", and a chord bearing South 66032'28" East a distanee of312.13 feet to a point ofreverse curvature; thence Along said curve to the left, said curve having a radius of350.00 feet, an arc length of216.67 feet, a central angle of35028'09", and a chord bearing South 72015'56" East a distance of213.23 feet; thence South 90000'00" East 124.11 feet to the easterly line of said NE !.4, said easterly line also being the centerline of South Eagle Road; thence along said easterly line North 00014'50" East 1806.57 feet to the POINT OF BEGINNING. Said parcel eontains 35.66 acres, more or less, and subject to all covenants, rights, rights-of-way, and easements of record. DEVELOPMENT AGREEMENT (AZ~OI~018) - 11 C-G A parcel ofland located in the NE 14 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: COrvt1v1ENCING at the northeast eomer of said Seetion 20; thence, along the northerly line of said section, said northerly line also being the centerline of Overland Road South 89046'25" West 1030.51 feet to the POINT OF BEGINNING; thence, leaving said northerly line South 00013'37" East 202.01 feet to a point of curvature; thence Along said curve to the left, said curve having a radius of700.00 feet, an arc length of223.84 feet, a central angle of 18019'18", and a chord bearing South 09023'16" East a distance of222.89 feet; thence South 18032'55" East 108.43 feet to a point of curvature; thence Along said curve to the right, said eurve having a radius of2000.00 feet, an arc length of 1047.10 feet, a central angle 0[29059'50", and a chord bearing South 03033'00" East a distance of 1035.19 feet; thence South 78033'05" East 278.98 feet to a point of curvature; thence Along said curve to the right, said curve having a radius of750.00 feet, an arc length of314.43 feet, a central angle of24001 '14", and a ehord bearing South 66032'28" East a distance of312.13 feet to a point of reverse curvature; thence Along said curve to the left, said curve having a radius of350.00 feet, an arc length of216.67 feet, a central angle of35028'09", and a chord bearing South 72015'56" East a distance of213.23 feet; thence South 90000'00" East 124.11 feet to the easterly line of said NE lf4, said easterly line also being the centerline of South Eagle Road; thence along said easterly line South 00014'50" West 845.35 feet to the southeast comer of said NE lf4; thence along the easterly line of the SE 14 of said Section 20 South 00000'01" West 196.19 feet; thenee, leaving said easterly ~ine North 68020'09" West 26.90 feet to the northeast eomer of Lot 34; Block 4 of Thousand Springs Subdivision No.1, as shown on the official plat thereof recorded in Book 78, at pages 8248 through 8249, Ada County Records; thence along the northerly boundary of said subdivision the following courses: North 68020' 1 I" West 339.40 feet to a point of curvature; thence, DEVELOPMENT AGREEMENT (AZ-OI-018) - 12 Along said curve to the left, said curve having a radius of250.00 feet, an are length of222.34 feet, a central angle of 50057'20" and a chord bearing South 86011' 1 7" West a distance of 215.08 feet; thence South 60042'38" West 121.50 feet to a point of curvature; thence Along said curve to the right, said curve having a radius of200.00 feet, an arc length of 116.45 feet, a eentral angle of 33021 '36" and a chord bearing South 77023'26" West a distance of 114.81 feet; thence North 85055'46" West 561.12 feet to the westerly line of the East Y2 of the SE ~ of said Section 20; thence leaving said Subdivision line along said westerly line North 00011 '30" East 118.01 feet to the southwest corner of the NE ~ of said Section 20; thence along the southerly line of said NE ~ South 89054'39" West 84.04 feet; thence leaving said southerly line North 01042'57" East 2649.82 feet to the northerly line of the NE ~ of said Seetion 20; thence along said northerly line North 89046'25" East 20.00 feet to the East 1/16th corner common to said Sections 17 and 20; thence continuing along said northerly line, North 89046'25" East 298.00 feet to the POINT OF BEGINNING. Said parcel contains 52.13 acres, more or less and subject to all covenants, rights, rights-of-way, and easements of record. DEVELOPMENT AGREEMENT (AZ-OI-OI8) -13 EXHIBIT B Findings of Fact and Conclusions of Law DEVELOPMENT AGREEMENT (AZ~Ol-018) 814 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REZONE OF .85 ACRES FROM I-L TO O-T ZONE FOR MERIDIAN HEAD START, LOCATED AT 321 AND 333 WEST BROADWAY AVENUE, MERIDIAN, IDAHO FRIENDS OF CHILDREN, INC., APPLICANT C/C 01-14-03 ) ) ) ) ) ) ) ) ) ) ) Case No: RZ-02-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning applieation of .85 aeres having come on for public hearing on January 14, 2003, at the hour of 7:00 olclock p.m., and Council having reeeived the report of David McKinnon Planner II of the Planning and Zoning Department, and Bruce Freckleton of the Public Works Department, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and Lewis Landry, appeared and testified, and no one appeared in opposition, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Couneil having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision 'and Order: FINDINGS OF FACT L The notice of public hearing on the application for rezoning was published for two (2) conseeutive weeks prior to said public hearing scheduled for January 14, 2003, before FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .85 ACRES FROM I-L TO O-T FOR MERIDIAN HEAD START I (Rz..02-006) - 1 the City Couneil, the first publication appearing and written notice having been mailed to property owners or purchasers ofreeord within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notiees were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the January 14, 2003, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planningjurisdietion of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. 3. The City Council takes judicial notiee of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, 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 and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately .85 acres in size. The property is loeated at 321 and 333 West Broadway Avenue, Meridian, Idaho, and a copy of the legal desq-iption is on file at the City Clerk's office, Meridian City Hall, 33 East Idaho, Meridian, Idaho. 5. The owners of record ofthe subject property are Lois Marrs, 771 N.W. 15th, Meridian, Idaho 83642 and Jeanette Shaffer, 2610 Polk Street, Caldwell, Idaho 83605. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .85 ACRES FROM I-L TO O-T FOR MERIDIAN HEAD START / (RZ-02-006) - 2 6. The Applicant is Friends of Children and Families, Inc., 4709 W. Camas, Boise, Idaho 83705. 7. The property is presently zoned as I-L (Light Industrial), and consists of residential property. 8. The Applieant requests the property be rezoned as Old Town (0- T). 9. The proposed site is bordered to the north, east, and west by residential property and to the south by railroad right-of-way. 10. The property which is the subject of this applieation is within the Area of Impact of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 12. The Applieant proposes to develop the subject property in the following manner: Construct a two-classroom Head Start Center serving young children and their families and also, a 400 sq. ft. community meeting room. 13. The Applicant requested rezoning of the subj ect real property as 0- T whieh is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Old Town. 14. There are no significant or seenic features ofmajor importanee that affect the eonsideration of this application. 15. The City Couneil reeognizes the coneerns of James Cain expressed in his letter dated November 15, 2002. The Council also reeognizes the letters of support from Patty Miles dated November 20, 2002; Marianne Watson dated December 4,2002; Kara Kerbs dated FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .85 ACRES FROM I-L TO O-T FOR MERIDIAN HEAD START I (RZ-02-006) - 3 December 2,2002; Molly Struckman dated December 1,2002; Jan Cox dated December 2,2002; Craig and Dawn Downum dated December 3, 2002. 16. In review of the application for rezone it is provided at Meridian City Code S 11-15-1lfor the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 16.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 16.2 The area included in the zoning amendment is not intended to be rezoned in the future; 16.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that sueh use will not change the essential character of the same area, subj ect to the conditions of the conditional use process; 16.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the eonditions of the eonditional use process; 16.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such serviees; 16.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the eommunity; 16.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 16.8 The area will have vehicular approaehes to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .85 ACRES FROM I-L TO O-T FOR MERIDIAN HEAD START I (RZ-02-006) - 4 16.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 16.10 The proposed zoning will be in the best interest of the City of Meridian. 16.2 Staff and Agency reeommendations and/or conditions provide as follows: A. Adopt the Reeommendations of ACHD as follows: Site Specific Conditions of Approval 1. In accordance with District policy, the applicant shall be required to improve the unopened right-of-way of 4th Street. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on the unopened right-of-way abutting the parcel. Improvements shall be eonstructed to one-half of a 40-foot street section. OR In accordance with District policy, the applicant shall vacate the unopened right- of-way. The applicant shall submit an application to vacate the unopened right-of-way abutting the site at the west property line running the entire length ofthe site. The applicant intends to vacate the right-of-way to incoIporate that property in the site. If the property is appraised at a value less than $2,500, the applicant will not have to purchase the right-of-way. 2. Construct curb, gutter, 5-foot wide detached concrete sidewalk and match paving on Broadway Avenue abutting the parcel as proposed on the site plan. Coordinate the location and elevation ofthe sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detaehed sidewalk. An agreement must be approved prior to scheduling the final plat for signature. Please contact the Right -of-Way Division at 387-3271 for guidelines. 3. Construct the service driveway # I on Broadway Street loeated 15-feet east of the west property line. This location does not meet District policy for offsets from an intersection, but shall be approved by Commission action with a modification of policy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .85 ACRES FROM I-L TO O-T FOR MERIDIAN HEAD START I (RZ-02-006) - 5 4. Construct driveway # 2 on Broadway Street located 110-feet east of the west property line as proposed on the site plan. This location meets Distriet policy and is approved with this applieation. 5. Replace any unused eurb eut on Broadway Avenue with standard curb, gutter and 5-foot wide detached concrete sidewalk to match proposed improvements. 6. Pave the driveways to their full-required width and to a point 30-feet beyond the edge of pavement of Broadway Avenue. 7. 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 reloeation 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 Serviees procedures and all applicable ACHD Ordinanees unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construetion, use and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .85 ACRES FROM I-L TO O-T FOR MERIDIAN HEAD START I (RZ-02-006) - 6 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 195; also known as Ada County Highway Distriet Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applieant at no cost to ACHD shall repair existing utilities damaged by the applieant. 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 applieant'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 applieant in the planned use of the property which is the subject ofthis application, shall require the applieant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applieant or its sueeessors in interest advises the Highway District of its intent to ehange the planned use ofthe subject property unless a waiverlvariance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. B. Adopt the Reeommendations of the Meridian Fire Department as follows: I. A daycare center is required to pass a fire inspection as outlined by the State Marshall's Office. 2. Meet the requirements of the 1997 Uniform Fire Code & applicable Building Codes. 17. It is found that the adopted Comprehensive Plan's Future Land Use Map delineates the property as "Old Town". Therefore, the requested 0- T zoning designation is harmonious with and in accordance with the overall goals and policies of the Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF AFPROV AL OF REZONING OF .85 ACRES FROM I-L TO O-T FOR MERIDIAN HEAD START I (RZ-02-006) - 7 18. It is found that the proposed zoning amendment complies with the intended zone(s) supported by the Future Land Use Map. It is not anticipated that the property will be rezoned in the future. 19. It is found that the Applicant has submitted detailed development plans for the properties at 321 and 333 West Broadway, and that the proposed preschool/quasi-public use will be developed in a manner that would be allowed under the requested 0- T zoning designation. 20. The recent adoption of the Comprehensive Plan changed the land use designation of the property from "Existing Urban" to "Old Town" on the City's Future Land Use Map. 21. It is found that all development on the subject property will be required to comply with the MCC by obtaining a Conditional Use Permit and that the future development of the land will be in harmony with the existing and intended character of the area. 22. It is found that the re-zone to 0- T should not be disturbing to existing or future neighboring uses. Specific uses allowed (either permitted uses or conditional uses) within the 0- T zone may be disturbing to future or existing neighbors; however it is not anticipated that the proposed development will be hazardous or disturbing to the existing or future neighboring uses. 23. It is found that the proposed uses will be adequately served by all essential public services and facilities. 24. It is found that the requested uses will not create exeessive additional requirements at public costs for public facilities and services. Additionally, it is found that the pn?posed rezone would not be detrimental to the economic welfare of the community. 25. It is found the O-T zoning designation of the property does not inherently allow uses that will generate activities, processes, materials, equipment, and conditions that are FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .85 ACRES FROM I-L TO O-T FOR MERIDIAN HEAD START I (RZ-02-006) - 8 detrimental to the general welfare of the community. 26. It is found that the proposed O-T zoning will not interfere with general traffic patterns on any public streets. The property to be rezoned will be required to comply with Ada County Highway District requirements coneerning traffic on the surrounding public streets. 27. It is not found that any natural or scenic feature will be lost, damaged or destroyed by approval of this rezone. 28. It is found that the zoning amendment would be in the best interest of the City by allowing a property owner to make improvements to the property that would otherwise not be allowed without re-zoning the subject property. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. The requested zoning of Old Town, (O-T) is defined in the Zoning Ordinance at 11-7-2 L as follows: (O-T) Old Towll District: The purpose of the OT District is to accommoda~e and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses in encouraged in an effort to provide the appropriate mix of activities neeessary to establish a truly urban City center. The District shall be served by the Municipal water and sewer systems ofthe City. Development in this Distriet must give FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .85 ACRES FROM I-L TO O-T FOR MERIDIAN HEAD START I (RZ-02-006) - 9 attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 4. Idaho Code S 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts ean be amended with particular eonsideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school distriets, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 5. Idaho Code S 67-6511A provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a eondition of rezoning that an owner or developer make a written commitment concerning the use or development ofthe subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. 6. The City of Meridian by the adoption of Meridian City Code ~11-15-12 has exercised its authority to require or permit as a eondition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. 7. ~ 11-6-1 ZONING DISTRICT MAP provides in part as follows: The districts established in this Ordinance as shown on the Offieial Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Offieial Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .85 ACRES FROM I-L TO O-T FOR MERIDIAN HEAD START / (RZ-02-006) - 10 7.2 Where distriet boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be eonstrued to be said boundaries; 7.3 Where distriet boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. Ifno distance is given, such dimensions shall be determined by the use ofthe scale shown on the Offieial Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. S 11-15-110fthe Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular faets and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidenee answering the following questions about the proposed zoning amendment: 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed under the new zomng. 8.4 There has been no change in the area or adjacent areas which would dietate the area should be rezoned. 8.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that sueh use will not change the essential character of the same area; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .85 ACRES FROM I-L TO O-T FOR MERIDIAN HEAD START / (RZ-02-006) - 11 proposed zoning amendment shall be able to provide adequately any of such servIces; 8.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 8.9 The proposed uses will not involve uses, activities, processes) materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive produetion of traffic, noise, smoke, fumes, glare or odors; 8.10 The area will have vehieular approaches to the property which shall be so designed as not to ereate an interference with traffic on surrounding public streets; 8.11 The use will not result in the destruetion, loss or damage of a natural or scenic feature of major importance; and 8.12 The proposed zoning amendment is in the best interest of the City of Meridian. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of approximately .85 acres to construct a two- classroom Head Start Center serving young children and their families and also, a 400 sq. ft. community meeting room under the proposed 0- T zone) is granted, subject to the terms and conditions of this Order hereinafter stated; and 2. The following special terms and conditions of use and development relate to this application to-wit: A. Adopt the Recommendations of ACHD as follows; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .85 ACRES FROM I-L TO O-T FOR MERIDIAN HEAD START / (RZ-02-006) - 12 Site Specific Conditions of Approval I. In accordance with Distriet poliey, the applicant shall be required to improve the unopened right-of-way of 4th Street. Construet curb, gutter, 5- foot wide concrete sidewalk and match paving on the unopened right-of-way abutting the parcel. Improvements shall be constructed to one-half of a 40-foot street section. OR In aecordance with District policy, the applieant shall vacate the unopened right- of-way. The applicant shall submit an application to vacate the unopened right-of-way abutting the site at the west property line running the entire length ofthe site. The applicant intends to vaeate the right-of-way to incorporate that property in the site. lfthe property is appraised at a value less than $2,500, the applicant will not have to purchase the right-of-way. 2. Construct curb, gutter, 5-foot wide detached eoncrete sidewalk and match paving on Broadway Avenue abutting the parcel as proposed on the site plan. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk. An agreement must be approved prior to scheduling the final plat for signature. Please contact the Right-of-Way Division at 387-3271 for guidelines. 3. Construct the service driveway # 1 on Broadway Street located 15-feet east of the west property line. This location does not meet District policy for offsets from an intersection, but shall be approved by Commission action with a modification of policy. 4. Construct driveway # 2 on Broadway Street located 110-feet east of the west property line as proposed on the site plan. This location meets " District policy and is approved with this applieation. 5. Replaee any unused curb cut on Broadway Avenue with standard curb, gutter and 5-foot wide detaehed concrete sidewalk to match proposed improvements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .85 ACRES FROM I-L TO O-T FOR MERIDIAN HEAD START / (RZ-02-006) - 13 6. Pave the driveways to their full-required width and to a point 30-feet beyond the edge of pavement of Broadway A venue. 7. 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. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construetion 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 eonstruction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applieant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design ehanges. 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. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .85 ACRES FROM I-L TO 0- T FOR MERIDIAN HEAD START I (RZ-02-006) - 14 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 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. B. Adopt the Recommendations of the Meridian Fire Department as follows: I. A daycare center is required to pass a fire inspection as outlined by the State Marshall's Office. 2. Meet the requirements ofthe 1997 Uniform Fire Code & applicable Building Codes. 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinanee for the re-designation of the zoning for the real property which is the subject of the application to (O-T) Old Town (Meridian City Code S 11-7-2 L) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the rezoning ordinance. NOTICE OF FINAL ACTION FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .85 ACRES FROM I-L TO O-T FOR MERIDIAN HEAD START / (RZ-02-006) - 15 Please take notice that this is a final action of the governing body ofthe City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property whieh may be adversely affected by the issuance or denial of the rezoning 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 0ld,uta1 Z!3 ,2003. ROLL CALL COUNCILMAN BIRD VOTED /J1;~ COUNCILWOMAN deWEERD VOTED~ COUNCIL WOMAN McCANDLESS VOTED tjot- d VOTED$ COUNCILMAN NARY - MAYOR ROBERT CORRIE (TIE BREAKER) . <? a DATED: l-vv-03 VOTED MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. ByJldd~~ ;J~,p~ City Clerk Dated: /-Z,/3/0 3 \\ \ II \11111/ flllll \\\ ~ M"- II ,,\\ ..j' Ot' t::.RI,r. /1/1 'L.. <...It'll ...,' ~, "-1 II ;:. 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"W "?' .......~ '// 0' ., .-,r ~ ,\,\' 1,/ U7,"", '& l, \' 1/,." ." \\\\\ ""i.i':;h~\\' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .85 ACRES FROM I-L TO O-T FOR MERIDIAN HEAD START I (RZ-02-006) - 16 January 24,2003 Pre-Council Meeting MERIDIAN CITY COUNCIL MEETING APPLICANT January 28, 2003 ITEM NO. 7 REQUEST Discussion with Revenue Analysis Task Force: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: {jU Il~ ,;; rtl vJ:r kf r [ivYv' rr V See Attached Projected Revenues from Finance Department OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of MerJdlan. 10 CO ~ (I) o ~ ~g*b 1-0\O<:t ~~~~ V) ti~ <:t o Fl \0 o o N ~ C'l o ~ 'It o o ~ U) Ul ~ ~ ..J ~ \- ~ Ul 0.. ~ 0.. -0"0 ZC,s <:((1$0 -~Q) o .- '& 0 Ul \- 0:. ~f:"O ctiX.~ OUl- ')ooo..tIl \-oE _ctS uo..- C'lCO.... 00.... 666 I-OI1">N ~gC!i~ t"5~$~ \3~otO V) titi C'lCO.... 00.... 660 g~~ 000 ~g~~ N~~g gV)C'lCO V) ~~ g Fl (") o o ~ <n en N 00.... o ci 0 ~~$~ ~01~~ ~~$~ V) .0\6 V) V) C'lIOCO o ..... .... 000 ;g~~ ~1-<:t\O ::i~~i 10 .... 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BUDGET PROJECTIONS and SCENAi )S- GENERAL FUND 12/31/2002 Percent Wage and Benefits Increases - Historical FY2003 FY2002 FY2001 FY2000 Budget Actual Actual Actual $5,117,142 $4,216,004 $3,773,957 $3,337,038 $36,200 $34,200 $25.200 $31,200 $544,221 $404.432 $378.861 $298,553 $5,697.563 $4,654,636 $4,178.017 $3.666.791 $1,042,927 $476,619 $511,226 $322,748 :::::::::::::::::::::::::::::::::: 22:41:0/..::::::::::::::::::::::::::::::::::: :1:1::4,1:%:::::;::::::::::::::::::::::::::::: j ~;94~io::::::::::;:::::;:::::::::::::::::::: 9::aso/';: $385,400 $337,277 $261,449 $124.512 $48,123 $75.828 $136,937 NIA :::::::::::::::::::::::::;:::::::: :14:i1o/":::::::::;::::::::::::::::::::::::: i9;ori~i.:::::::::::::::::::::::::::::::::1 09;98.%: NIA $1,281.004 $918,099 $790.150 $679,115 :::::::::::::::::::::::::::::::~:~6~;~~%:::::: ::::::::::: :::::::;:::::}:11~~~~:::::::::::::::::::: ::: :::::::::f~1~;j~~::: ::::::::::::::::::: :::::::::: ::~~~7.;~: -$268,739 -$191.454 -$113,068 $7.095,228 $5,718,558 $5,116,548 $4,470.418 $3,940,433 $1,376,670 $602.010 $646,130 $529,985 $3,940,433 ::::::::::::::::::::::::::::::::~4~q:1~(6;::::::: :::::::::::::::::::::::::1:j ::11%:::::::::::::::::::::::::::::::::j4A~%::::::::;::::::::::::::::::::::::~ 3:4~%:::::::;::::::::::::::::::::::::::..:;:::: ::: :;': Wage and Salary Uniform Allowance Employer Taxes Total Dollar Increase Percent Increase Overtime Dollar Increase Percent Increase Benefits Dollar Increase Transfer 10 Enterprise Total Salary & Benefits Dollar Increase Percent Increase Full Time Equivalenls Operating Expenses Transfer to Enterprise Total Operating Expense~ Dollar Increase Percent Increase Total Capital Outlay FY1999 Actual $3.077,597 $9,253 $257,193 $3,344.042 included with wages $596.390 122 $2,712,445 $2.254,331 $1,615,830 $1,350,558 -$64,000 -$53,788 -$45,939 -$131,118 $2.648,445 $2,200.543 $1,569.891 $1,219,440 $447,902 $630,652 $350.451 -$74,211 ::::::::::::::::::::::::::::::::?P::?:~%:::::::::::::::::::::::;:::::::::4Q~:~ 7.%:::::::::::::::::::::::::::::::::2?/?~%:::::::::::::: :::::::::::::::::::~~;Mo/.6: $1,293,651 $1,293,651 ::::::::::::::::::::::: :$1 ~o.55;322:::::;:::::::::::::::::: :$4;539;818::::::;:;::::::::::::::: :$2;:130;501::;:::::::::::::::::::::: :$2;32S;:6ii.:::::::.:::::;:::::'::: $1:;270;641:. NOTE: Transfer of some Admin PIC and OlE to the Enterprise Fund started in FY2000, first both PIC and OlE transferred from Operating, changed in FY2002. At that time PIC transferred from PIC and OlE transferred from OlE. This report EXCLUDES the 1.8 million dollars for the locust Grove Overpass and the operating one time requests for FY2003. FY04 Budget Scenarios with Possible Insurance Increases 3% Salary Increase and 1% Operating Increase - No new Employees GENERAL FUND Total Revenue Total Personnel Costs Frozen Operating Police $987,795 $987,795 $987,795 $987,795 Fire $308,625 $308,625 $308,625 $308,625 Parks $251,040 $251,040 $251,040 $251,040 Other Government $929,914 $929,914 $929,914 $929.914 Fire Station Annualized $41,850 $41.850 $41.850 $41.850 Total $2.519.224 $2,519,224 $2,519.224 $2,511,767 1% O~e~ating Increase _ :.:............'....:.:.....:: $25:.192...:.:.:...:...........:.... $25:.1.92:.;.:.......:......'....:.;. .:$25:192:...........:.:............. ::$25,:20.0 Remammg UnapprOprlatE,..,.....,.. .$1,60S.52s:,..........,. ,$1,573,211....,.,....... $,t,5.02,755.....,..,.... .$2,501,3a2. 20 % Health Ins Inc 3% Wage Adj Projected FY04 $12,171.103 $8,018.158 25 % Health Ins Inc 3% Wage Adj Projected FY04 $12,171,103 $8,053,416 30 % Health Ins Inc 3% Wage Adj Projected FY04 $12,171.103 $8,123,932 20 % Health Ins Inc 3% Wage Adj Projected FY05 $13,336,074 $8.291,725 Budget Scenarios with Historical Increases in Employees 10 and 15% Increases in Personnel Cost and 20% Operating Increase GENERAL FUND Total Revenue Total Personnel Costs Frozen Operating Police Fire Parks Other Government Fire Station Annualized Total 20% Operating Increase 25 % Health Ins Inc 10% Wage Increase Projected FY04 $11,810,713 $8,512,130 $987,795 $308,625 $251,040 $929,914 $41 .850 $2,519,224 $503,845 25 % Health Ins lnc 15% Wage Increase Projected FY04 $11,810,713 $8.859,907 $987.795 $308.625 $251,040 $929,914 $41,850 $2.519,224 $503,845 25 % Health Ins Inc 15% Wage Increase Projected FY04 $11.810,713 $8.859,907 ~Ei'"7'l E' "RE'fi~. D l \v ....J V ..1 JAN 23 2003 City Of Meridian. City Clerk Office $987,795 $308.625 $251,040 $929,914 $41,850 $2,519,224 $503,845 Remaining Unappropriate:::::::::::::::::::::::::::::: :$;Z7.S;:5.1<J::::::::::::::::::::::::::::::: :~$72~263:::::::::::::::::::::::::::::::: :~$7:2;2.6:~: 1/23/2003jan03spcrepprojections January 24, 2003 MERIDIAN CITY COUNCIL MEETING January 28, 2003 APPLICANT Public Works Department ITEM NO. REQUEST Schrammeck Easement Addendum, South Slough Sewer Project: 3-G AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: Contacted: COMMENTS See Attached Memo / Easement arrr~ Date: Phone: Materials presented at public meetings shall become property of the City of MerJdlan. R~CElVIED ..JAN 2 3 2003 Cit; City~ Of Meridi Clerk. O~ an .u.J.Ce To: Mayor Corrie & City Council From: Brad Watson, P.E. ;5~4.) CC: File, Gary Smith, PE, City Clerk Date: 1/23/2003 Re: Proposed Agenda Items for January 28 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the January 28 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Aoreement for Professional Services. Civil Survey Consultants - Locust Grove Road, 1- 84 to Franklin Road. These agreements are similar to the ones the City entered into with Civil Survey Consultants on the ACHD Overland Road and Franklin Road projects. We ''finish out" all water and sewer facilities and stub out services, or mains where appropriate, to all properties not currently connected to City water and sewer. We do this by have those water and sewer facilities designed by our consultant and incorporating that design into the ACHD roadway plans. The purpose of this is to 1) save money by not paying for surface repair, which we would if we did the project independently of ACHD and 2) provide services to properties ahead of the five-year no-cut pavement moratorium. The Civil Survey agreements are for design only and are lump-sum amounts. We solicited this proposal from Civil Survey Consultants because they are ACHD's roadway designer on the project. Civil Survey Consultants has completed over a dozen projects for the City in the past including well pumping facilities, water and sewer lines, parking lots and parks. A copy of the agreement is enclosed. Recommended Council Action: Award the agreement for professional services to Civil Survey ConsultantsJ for water and sewer design associated with ACHD roadway project Locust Grove Road, 1-84 to Franklin Road in the lump sum amount of $9J555 and authorize the Mayor to sign and City Clerk to attest the agreement. . Page 1 ~ 2) Schrammeck Sanitary Sewer Temporary Construction Easement Addendum - South Slouqh Sewer Proiect._ This easement, as originally signed, had an expiration date. The addendum extends the construction easement to September 1, 2003. Recommended Council Action: Approve the sanitary sewer temporary construction easement addendum with the Schrammeck Trust, Joy Moore Trustee and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. /~ e Page 2 ~' ( I " SM.~ITARY SEWER EASEMENT - ADDENDUM NU.1 This Addendum, to Sanitary Sewer Easement, recorded February 13, 2002 as Instrument No.1 02018130, Records of Ada County, Idaho is made this 2...i day of November 2002 between Joy A. Moore Trustee for Melvin R. and Noma E. Schrammeck Trust, the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee. This Addendum No.1 specifically amends the before mentioned easement as described below: 1. The Grantor hereby extends the expiration date for the temporary construction easement to the earlier of the termination of the construction contract, or September 1, 2003. IN WITNESS WHEREOF, the party has hereunto subscribed his signature the day and year first hereinabove written. " ~9'7~,yn~ J11d~') f?, cvn (I n.t-IJ1.4 f..4( ht~~i~. .2.-u<-.J :C(.-<.- Melvin R. and Noma E. Schrammeck Trust, Joy A. Moore, Trustee .I --vi 7- j- ") 00 2- I d) a..~ ~;(9~' <L-r? / I ~--t/. I r STATE OF IDAHO) County of Ada ) ss ) 2002, before m~ , proved to me on the bases of satisfa ory evidence to es is subscribed to the within instrument, and acknowledged that they ,"'IIIIJII:~="', 8' 'f, 'tV ' "'" 't>--C . ,1, , .... ~'() ............ M" ~ ~ .. oo-~ o. ...." tJ:.. ~ 0 T A..R ~ ...~.'11 ;; · ~ ...Jt" .. *== - .... \ . -.-1)::* - \"'" ~,PUBL\C 10 #~. /..s: #;{.-11' ........ Z '..;;.f 0 F \'0" "';;;u.d Notary Public for: Idaho Residing .,,&uP); \V I'.Wt( My Commission Expires: ,,/7' k 9 / GRANTEE: CI1Y OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF GREAT SKY, INC. FOR APPROVAL OF FINAL PLAT FOR SUTHERLAND FARM SUBDIVISION NO. 1, LOCATED NORTH OF EAST VICTORY ROAD, EAST OF SOUTH EAGLE ROAD, MERIDIAN, IDAHO CIC 01/28/03 ) ) ) ) ) ) ) ) ) ) CASE NO. FP-02-030 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 January 28,2003, and the Council finding that the Administrative Review is complete which has included certain eomments and eonditions as stated in a letter to the Mayor and Council from David McKinnon Plmmer II for the Planning and Zoning Depm1ment, and Bruce Freckleton, Engineering Technician III, listing 9 General Requirements and 15 Site Specific Requirements, which are herein found fair and reasonable, m1d that Brad Hawkins~Clark Interim Director for the Planning and Zoning Department, and Jim Causlett, appeared and commented at the hearing, and the Couneil having considered the requirements of the preliminary plat the Council takes the following action: ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT FOR SUTHERLAND FARM SUBDIVISION NO.1 I (FP-02-030) 1 IT IS HEREBY ORDERED THAT: 1. The Final Plat of "SUTHERLAND FARM SUBDIVISION NO. I" as evidenced in Plat bearing: "PLAT SHOWING SUTEHRLAND FARM SUBDIVISION NO.1 A PORTION OF THE SW 1;4 OF SECTION 21 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2002, 11855FPl, SHEET 1 OF 3, 10/25/02, GREAT SKY, INe. - DEVELOPER, J-U-B ENGINEERS, INC.", Great Sky, Inc., Developer, is Conditionally Approved subjeet to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Teehnician III, and David McKilU10n Planner II for the Planning and Zoning Department, dated January 23, 2003, listing 9 General Requirements and 15 Site Specific Requirements, which is attached hereto as Exhibit "A", and consisting of four pages, and the additional requirements from the action of the Council taken at their January 28,2003 meeting as follows, to-wit: 1.1 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 Enviromnental 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 architeets should obtain current best management practices for storm water disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidanee: . 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 Depaliment, May 2000. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUTHERLAND FARM SUBDIVISION NO.1 1 (FP-02-030) 2 1.2 The Meridian Fire Department requires the following: 1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 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 internal and external roads shall have a radius of28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards. 8. Provide a second access point to the project or limit the number of lots to 50. 9. Move the island at the entry point 20' to the North. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUTHERLAND FARM SUBDIVISION NO.1 I (FP-02-030) 3 guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regular meeting held on the 2-gt~ day of 1a11M~ ,2003. /} BY:~ tfJ-~. ~ R ER D. C RRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. - - ~ BydI~4;1e.-~ f2. City Clerk ~ Dated: :z-//-~ 3 Z:\Work\M\Mcridian\Mcridian15360M\SUlherbnd Farm Sub No.1 FP-02-Q30\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUTHERLAND FARM SUBDIVISION NO. 1 I (FP-02-030) 4 ~!A \'OR Robert D. Com e HUB OF TREASURE r.-:4LLEY A Good Place to Live LEGAL DEP ARTMENT (208) 288-2499 . Fax 288-2501 CITY COUNCIL MEMBERS William L.M. Nary Keith Bird T amm y de \V eerd Cherie McCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433. FAX (208) 887-4813 City Clerk 011ice Fax (208) 888-4218 PUBLIC WORKS BUILDING DEPARTMENT (208} 887-2211 . Fax 887-1297 PLANNING ,'\,'.ID ZONING DEPARTMENT (208) 884-5533 . FA...'\: 888-6854 MEMORANDUM: January 23, 2003 To: Mayor & City Council ~ .RE(JElVED JAN 2 ~ 2D03 Re: Bruce Freckleton, Engineering Tech ill David McKinnon, Planner II bJA Sutherland Farms ,"'," ::::;~ty Of Meridian vIi)' Clerk Office From: · Request for a Final Plat Approval of Sutherland Farms Subdivision No.1 - Fifty-Two (52) Building Lots and Three (3) Other Lots on 17.22 Acres in an R-4 Zone by JUB Engineers, Inc. (File No. FP 02-030). We bave reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICA nON SUMMARY & LOCATION This is the ftrst phase of the Sutherland Farms Subdivision, located on the north side of Victory Road Road, approximately l/sth of a mile east of Eagle Road. The first phase of the subdivision includes 52 single family building lots and 3 "other" (landscaping and drainage) lots. The gross density of Phase No.1 is approximately 3.13 dwelling units/acre. . The subdivision is located in an R-4 zone, and all lots within the subdivision meet all of the minimum lot requirements of the R-4 zone. The minimum house size within the subdivision is 1,401 square feet, not including the garage area. Fencing adjacent to the east and south boundaries of Block 3, adjacent to Lots 1-13, has been approved with eight foot tall fencing to provide an additional buffer for the adjacent county parcel. ADDITIONAL CONSIDERATION . Victory Road Right-of-Way: As of January 9th, ACHD's Preliminary Plat condition to dedicate 48- feet of right-of-way on Victory Road has not been fonnally modified. Based on recent policy changes, Staff is under the assumption that ACHD will not compensate the developer for this additional right-o&way. However, if ACHD does not negotiate a dedication, staff is recommending the future right-of-way be platted in a new common lot and planted with a vegetative groundcover (see Condition #4 below) to preserve the 96-foot total right-of-way width. FP.o2-030 1J,&~ " ., I fJl nd Fll!1l1S No.1 FP Mayor and Council January 23,2003 Page 2 SITE SPECIFIC REQUIREMENTS 1. Applicant shall meet all tenus of the approved preliminary plat and development agreement. 2. The pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including fencing, micro-paths, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. If the 48-foot right-of-way on N. Victory Road is not dedicated to the Ada County Highway District, staff recommends all future right-of-way (the portion to be dedicated) be platted in a separate common lot within Sutherland No.1. In addition, any portion of the future right-of- way that is not developed (if greater than 13 feet in width) shall be landscaped with a with a vegetative groundcover, in addition to installing and maintaining a 10 foot wide gravel shoulder adjacent to the edge of pavement (per MCCI2-13-10-9). 5. Fencing within 20 feet of aU public right of ways shall be no taller than 3 feet in height if solid fencing material is used. 6. The Landscape Plan dated 11-18-2 by The Land Group is approved as submitted. 7. Modify or add the following plat notes in the manner noted below: (12.) Add note referencing State of Idaho "Right to Farm Act" (Title 22. Chapter 45) 8. Sanitary sewer service to this site shall be via mainline extension from the adjacent Silverstone project. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Warks Department. 9. Municipal water service to this site shall be via main line extensions from the adjacent Silverstone project. Applicant will be responsible to construct the water mains to and through FN'2-030 Sutherland Farms Sub No. 1 ;b;~ " " o Mayor and Council January 23,2003 Page 3 this proposed development. 10. Change the year of platting to "2003". 11. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02~374. 12. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1 aD-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. 13. Place an arrow on Lot 5, Block 4 towards E. Mackay Ct., and add the same arrow symbol to the plat legend. This arrow shall indicate the front of house orientation. 14. Revise the 1,12" pin symbol on the SE comer of Lot 3, Block 5 to be on the actual corner. 15. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-Hundred-fifty watt (250w) and One-Hundred watt (lOOw), high-pressure sodium streetlights will' be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company., Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. FP-02-030 Sutherland Fanus Sub NO.1 ... b,~1 I. " of Mayor and Council January 23,2003 Page 4 6. Sewer and water mains shall be extended to and through the proposed development, thereby making the available for adjacent properties. 7. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 8. Coordinate fire hydrant placement with the City of Meridian IS Water Deputy Fire Chief and the Public Works Department. 9. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures. FP-02-D30 Sutherland Fanns Sub No. I $ bil- . ~ f" J.U.B ~ ~ EniPncct"!l SUIC"'V(Io,)"Ot'fI Pll1nnl."r11 J-'I-B ENGINEERS, (J'le. AGREt:MENT FOR PROFESSIONAL SE:.t{VICES PHK 096 ~ J-U-B Project No.: 11873 THIS AGREEMENT entered into this 28 day of January. 2003. between City of Meridian hereinafter referred to as fhe "CLIENT' and J-U-B ENGINEERS, Inc" on Idaho corporation of Boise. Idaho. hereinafter referred to as" J-U-B ". WITNESSETH: WHEREAS, the CLIENT intends to desian Black Cat trunk sewer and lift station, hereinafter referred to as the PROJECT; NOW, THEREFORE, the CLIENT ond J-U-B in consideration of their mutual covenants herein agree in respect as set farth below. CLIENT INFORMATION AND RESPONSIBIlITIES The CLIENT will provide to J-U-B all criteria and full information as to CLIENTs requirements for the Project, including design Objectives and constraints, space. capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of 011 design and construction standards which CLIENT will require to be included in the Drawings and Specifications. The CLIENT will furnish fa J-U-B, as required for performance of J-U-B 's services. data prepared by or services of others. if available. including, without limitation, borings, probings and subsurface explorations. hydrographic surveys, laboratory tests and inspections of samples. materials and equipment; appropriate professional interpretations of 011 of the foregoing; environmental assessment and impact statements. surveys of record. property descriptions; zoning, deed and other land use restrictions; and other special data or consultations os may be available. 011 of which J-U-B may use and rely upon in performing services under this Agreement. The CLIENT will arrange for access to and make all provisions for J-U-B to enter upon public and private property as required for J-U-B to perform services under this Agreement. In addition. the CLIENT will furnish to J-U-B: Items listed in Attachment 'B'. SERVICES TO BE PERFORMED BY J-U-B J-U-Bwill perform services listed in Attachment 'A'. SCHEDULE OF SERVICES TO BE PERFORMED J-U-B will perform said services as follows: In a timely manner. BASIS OF FEE AND BILLING SCHEDULE The CLIENT will pay J-U-B for their services and reimbursable expenses as follows: As listed in Attachment 'C'. File Folder Tille MERIDIAN, CITY OF - Black Cat Trunk Sewer and Lift Station Remarks: The Notice to Proceed, by the Client, verbal or written, constitutes acceptance of this Agreement. THE TERMS AND CONDITIONS, INCLUDING RISK ALLOCATION, ON THE REVERSE SIDE ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CLIENT: J-U-B: Project Manager: Phillip H. J<;richbaum. P.E. CITY OF MERIDIAN NAME 33 E. Idaho Street STREET Meridia CITY IP CODE Chairman of the Boord TITLE White - J-U-B Corporate File Yellow. J.U-S Office File PInk - J-U-S Project File J-U-B -02 J-U-fj tNGINEER5, Inc. Attachment 'A' - '1873 CITY OF MERIDIAN BLACK CAT TRUNK SEWER AND LIFT STATION Table of Contents: Attachment "A" - Scope of Engineering Services . Task A - General · Task B - Black Cat Lift Station and Pressure Sewer · Task C - Trunk Sewers . Task 0 - lDEQ Approvals · Task E - Easements, Public Involvement, and Private Development Coordination · Task F - Project Financing · Exhibit A.1 - labor and Equipment Detail · Exhibit A-2 - Conceptual Alignments Attachment "B" - Items Provided by City Attachment "C" - Fee Schedule City oj Meridian - Black Cal Lift Slalion & Trunk Sewer Page - I J'U'6 ENGINEERS, Inc. Attachment 'A' - 11873 CITY OF MERIDIAN BLACK CAT TRUNK SEWER AND LIFT STATION Attachment U AU - Scope of Engineering Services Task A -General 1. Project Meetin~s o Attend a kick-off meeting with the City with the Owner. o Prepare and attend progress meetings, as required over the duration of the project for the purpose of updating the City, presenting information, designs, and facilitation of issues. An assumed number of meetings is shown on Exhibit A-1. Task B -Black Cat Lift Station and Pressure Sewer 1. Facility Site Research o With the Owner, complete site visits of facilities similar to the lift station contemplated. Interviews with facility operators will be arranged for each site visit. 2. Preliminary lift Station Evaluation A. Design Flows o Assist the City to reconfirm ultimate design flows with the build-out assumptions used in "Ten-Mile Interchange Sewer Study". Re-examine as necessary for service condition of 9000 gpm. o Prepare interim fLow forecasts for the purpose of evaluating phasing of the force main and Lift station mechanical and eLectricaL components. It is anticipated that two growth assumptions ( conservative and aggressive) will be used. B. Alternative Mechanical Layouts o AnaLyze pump service conditions ( initiaL, 20 year, uLtimate) and preLiminary size pumping units and piping. CompLete a preliminary VFD anaLysis and determine possibLe pump operating schemes. Determine the ultimate number of pumping units required. o Complete preliminary layouts of mechanical equipment, piping, valving for ultimate flow conditions. Pumping configurations will include: 1. Drywell with non-clog centrifugal pumps and open-drip proof motors ( horizontal or vertical motor mounting). 2. Drywell with close-coupled non.clog submersible pumps (horizontal or vertical motor mounting). 2. Drywell with vertical line-shaft driven non-clog centrifugal pumps with open-drip proof motors placed in an elevated motor room. 3. Combination of above configurations. o Evaluate pumping layouts and preliminary pump selection with respect to: 1. Research available pump manufacturers and check references for similar project installations. 2. Solicit initial pump selection recommendations from several major manufacturers. 3. Evaluate pump selection issues such as: submergence and NPSH requirements, efficiencies, relfability, maintenance issues, bearing, seals, and seal water requirements, and other related issues. City of Meridian - Black Cal Lift Slalion & Trunk Sewer Page - 2 J-U-/j I:NGINI:I:IO, Inc. Attachment 'A' - 11873 4. Construction and life cycle costs 5. Building space efficiency, structural impacts 6. Flood protection 7. OaM issues, safety, pump removal equipment 8. Ability to accommodate phasing and expandability o Evaluate variable speed control systems ( VFD and magnetic drive systems). o Examine valving options including operation and actuator systems ( manual, pneumatic, and electric motor). Summarize relative advantages and disadvantages of major components in each valving alternative. C. Wetwell and Screening Alternatives o Complete review of trunk sewer invert elevation from the "Ten-Mile Interchange Sewer Study" to determine relative depth of inlet trunk sewers. o Investigate wetwell alternatives including: self-cleaning agee, split or modular, and conventional. o Complete preliminary sizing of wetwell alternatives for ultimate service conditions and incorporating VFD pumping. Evaluate operating range for initial, 20 year, and ultimate service conditions. Solicit pump manufacturer's review of wetwell alternatives. o Investigate coatings or FML for protection of wetwell surfaces, at both immersion and non- immersion locations for final design. o Develop layouts to accommodate ( fine, bar rack, rock box) screening at the lift station. Summarize impacts of incorporating the screening area to the building footprint, additional costs, and OaM issues. Grit removal facilities may also be investigated. o Summarize relative advantages\disadvantages of screening at the pump station and potential benefits at the WWTP. Refer to Section G for additional pressure sewer considerations at the WWTP. o Screen wetwell alternatives with the City and select a preferred wetwell. Develop a preliminary layout drawing showing oaM access configurations, and the layout of ancillary facilities such as wash-down water, lighting, etc,,, o Conduct an independent QAlQC review of hydraulics, preliminary sizing and geometry of wetwell. D. Ancillary Facilities o Electrical: Preliminary Evaluation will include: 1. Primary power requirements for 20 year load forecasts and ultimate service conditions. 2. Stand-by power alternatives ( diesel, natural gas) for 20 year load and ultimate conditions. Determine preliminary sizing of generator room and related equipment. 3. Electrical controls and telemetry alarms systems. Develop a preliminary control sequence diagram. 4. UPS system, surge protection. S. Summarize issues and design considerations for electrical and control systems with Class 1, Division 1 environments, and in non-hazardous areas (motors, controls, instrumentation, lighting, etc). '. o HVAC: Preliminary evaluation will include: 1. Ventilation design requirements for Class 1, Division 1 environments. 2. Building environmental systems for cooling verses ventilation. 3. Conceptual sizing of primary systems for the costs estimates. 4. Siting locations of HVAC systems ( inside building, or outside slab). City of Meridian - Black Cat Lifl Station & Trunk Sewer Page - 3 )-U-B ENGINEERS, Inc. Attachmfi'nt 'A' - 11873 o Examine potable water supply requirements to serve the lift station and identify locations inside of building where required. o Preliminarily examine odor control facilities at the lift station. Systems to be evaluated include air scrubbers and bio-filters on ventilation equipment and oxygen injection. o Evaluate methods and facilities at the lift station to minimize odor generation from the pressure sewer. Methods to include chemical addition using on-site generation of chlorine, and direct air injection to the pipeline. Determine space impacts to building layout for these facilities. o Provide preliminary noise evaluation for stand-by power systems, and develop design recommendations for noise abatement. E. General Arrangement Layouts and Evaluation o Complete general arrangement drawings with the three (3) pumping layout options and the preferred wetwell alternative. o Complete preliminary sizing of building rooms using ultimate sizing of equipment and 08:M access. o Identify locations for equipment removal and 08:M, and required systems ( hoists, bridge cranes, monorails, etc.). o Identify 08:M access facilities o Complete alternative costs comparisons of each mechanical layout alternative. This will include preliminary sizing of building structural components to complete cost evaluation of structural components. o Meet with the City, screen and select preferred mechanical and building layout. F. Preferred Lift Station Building Refinements o Refine preferred lift station mechanical layout alternative to include: 1. Refine preliminary mechanical piping layout plans and sections. 2. Refine preliminary wetwell plan and sections. 3. Complete overall building floor plan(s) with approximate room sizing and layout of equipment. o Examine alternative building materials and complete preliminary architectural floor plan, and building elevations o Summarize noise abatement and odor control considerations. o Complete estimates of probable construction cost. G. Pressure Sewer Preliminary Design o Research, Control, and Topographic Survey 1. Research land monuments, plats, records of survey, right-of-way, and easements of record along the alignment identified in the "Ten-Mile Interchange Sewer Study". 2. Establish survey control along the alignment using: horizontal coordinate system, NAD 1983 translated to the Ada County G.I.S. system, and vertical control based on NAVD 1988. 3. Establish temporary construction benchmarks ( T.B.M. 's) at 1000' intervals. 4. Contact utility companies prior to survey and request field locations of utilities. 5. Complete topographic survey along the alignment from ROW to ROW',where in public streets and 100' strip of land in field areas along Nine Mile Creek to the WWTP. Complete additional cross sections at waterway crossings and street intersections. Complete a site topographic survey at the WWTP at preferred discharge locations. 6. Supplement survey with field location of key utilities at the WWTP and along the alignments. 7. Complete topographic mapping and insert right-of-ways, and easements of record. Ada County G .I.S. system will be used to preliminarily insert property line boundaries. City of Meridian - Black Cat Lift Station & Trunk Sewer Page - 4 J-U-Ij tNulNttW:>. me. Attachment 'A' - 11873 o Research existing easement corridors on the Ten Mile Trunk and Nine Mile Creek, north of Ustick Road to the WWTP for possible expansion to include the new pressure sewer. o Determine easements necessary for construction . o Initiate easements acquisition procedure outline in Task E. o Develop preliminary alignments alternatives for the pressure sewer profiles. o Complete a research of available pipe materials. o Complete a phasing analysis to determine least cost alternative for implementing various pressure sewer alternatives. Parallel pipe configurations will be considered. Analysis will include life cycle cost comparison with considerations given to providing scour velocities, residence time, VFD pumping horsepower limitations, pipeline pressure ratings, redundancy etc. o Pressure Sewer Discharge Options 1. Estimate general characteristics of pumped wastewater received at the WWTP over a 20 year pressure sewer phasing timeline. 2. Provide this information to the City and the City's Consultant "Carollo Engineers" for evaluation with the City's on-going Facility Plan. 3. Meet with City and WWTP operations staff to develop routing options and corridors for the pressure sewer at the WWTP. Coordinate with the City and Carollo Engineers to obtain for routing of pressure sewer at the WWTP to accommodate future WWTP facility footprints, and significant process piping. 4. Review with City staff the sewer Master Plan Model potential routing impacts of other master planned pressure sewers discharging to the WWTP. 5. Screen alternatives with City and select preferred discharge locations. o Complete screening of alignment alternatives with the City and select preferred alignment and phasing option. Finalize selection of pipeline materials. o Contact permitting agencies to identify permitting issues. Agencies anticipated to be contacted are ACHD, NMID, and IDWR. o Initiate a pipeline transient analysis for initial and ultimate pipeline(s) and pumping configurations. o Estimate probable construction cost. H. Review of Other Utility Work o Review Ashford Greens force main requirements with the City to determine possible upgrades required and corridor requirements. o Review with City other utility improvements along the alignment that may be incorporated with the pressure sewer project. For example, constructing water main extensions for interconnecting the water systems along Black Cat Road. I. Sewer Master Plan Update in Project Area o Assist the City to update the Master Plan to incorporate the relocation of the Black Cat Lift Station. Review service to areas north of Cherry Lane and Master Plan revisions to the McDermott lift station. It is assumed that the City's model will be used by City staff modeling mapping in the service area. . J. Technical Progress Memorandums o Prepare Technical Memorandum No.1 to summarize the findings of Tasks B.2.A through 8.2.C. o Prepare Technical Memorandum NO.2 to summarize the findings of Task B.2.D through B.2.F. City of Meridian - Black Cat Lift Station & Trunk Sewer Page - 5 j-U-8 ENGINEERS, Inc. Attachment 'A' - 11873 3. Lift Station Site Selection A. Develop Target Lift Station Sites o Purchase one (1) additional COMPASS base aerial mapping section in vicinity of lift station. o Research land ownership in lift station area using Ada County GIS base mapping and COMPASS aerial mapping. o Meet with City and identify target sites B. Screen Lift Station Sites o J-U-B easement negotiator to meet with landowners. o Prepare a summary of landowner issues and site issues o Meet with City and screen sites. C. Site Acquisition, Easements, Legal Descriptions o Provide easement and land acquisition service as described in Task E. o Prepare legal description of lift station site. o Prepare a site boundary survey and record of survey. D. Conditional Use Permit and Public Involvement o Complete preliminary lift station exhibit drawings to assist the City in securing a conditional use permit. It is assumed that the lift station property will be annexed into the City of Meridian. 4. Lift Station Preliminary Desilm A. Site Topographic Survey and Sitework o Complete topographic survey and prepare mapping of lift station site plan. o Complete preliminary site design and related yard piping systems. B. Geotechnical Investigation and Analysis o Complete one (1) exploratory borings at the lift station site to a depth of at least five feet (5') below the structure. Complete four (4) borings on the Black Cat Trunk. Complete one (1) day of test pit excavations on the Ten Mile Diversion Trunk. Complete sampling, logging, and classification of soils. Obtain all necessary permits for the drilling and test pits. o Set one (1) groundwater monitoring well at lift station site, and at Black Cat Road and the UPRR. Monitor monthly during key seasonal periods. o Complete necessary laboratory strength tests to determine design foundation bearing pressures, and lateral earth pressures. o Develop recommendations for structure excavation, site dewatering, and building drainage. C. finalize Lift Station Hydraulics and VFD Pumping Analysis o Finalize wetwell hydraulics and complete final geometrical design of wetwell. Complete an independent QA/QC review of wetwell. o Final1ze VFD analysis and operating sequence for pumping units. o Finalize sizing of pumps for initial implementation. D. Preliminary Building Layout Plans (30% Complete Plans) o Complete design of mechanical systems and prepare preliminary mechanical layout of pumping equipment, piping, valving, and related facilities. o Complete preliminary design of electrical, back-up power systems, and HVAC systems. City of Meridian - Black Cat Lift Slalion & Trunk Sewer Page - 6 J.U.B ENGINEERS, Inc. Attachment 'A' - 11873 D Complete preliminary design of electrical building plan and control PI&.D diagram. D Coordinate with IPCO for determination of primary power service requirements. D Complete noise analysis and develop recommendations for final design features. D Refine architectural floor plans and building elevations. D Develop preliminary general building plans: 1. Site Plan 2. Floor plans showing room sizing and position of major equipment, mechanical piping, and environmental control systems. 3. Sectional elevations of building showing floor elevations and locations of major mechanical systems. 4. Architectural building floor plan and building elevations. 5. Building Electrical and HVAC plan. 6. PlaD Diagram D Meet with City and incorporate revisions to the preliminary building layout plans. 5. Final Design A. Pressure Sewer Final Design and Construction Package D Complete final design of pressure sewer and prepare final plan, profile sheets, detail sheets, and contract documents. D Submit 90% complete plans and contract documents to the City for review and comment. D Complete permitting with ACHD, DEQ, and NMID. D Incorporate City and agency review comments and final construction package. D Complete QA/QC check of construction package. D Complete and submit (25) sets of 100% final plans and contract documents to the City. B. Lift Station Final Design (90% Plans and Specifications) D Complete final design of lift station site improvements including fencing, site grading and drainage, surfacing, landscaping, and yard piping. D Complete final design of mechanical, electrical, and HVAC systems. D Complete architectural design of building and related components. D Complete structural design of building systems. D Prepare technical specifications in CSI format. D Prepare building construction plans D Meet with City and incorporate revisions to the preliminary building layout plans. D Submit plans for independent constructability review. D Submit plans and specifications of major equipment to manufacturers. C. Lift Station (100% and Final Construction Package) D Complete structural detailing of building systems. o Complete final mechanical, electrical, and HVAC modifications and City review requirements. D Final architectural plans and specifications. , o Final construction plans and develop contract documents. Submit for City review. o Submit plans to DEQ for review and approval. o Submit plans for QA/QC check. o Finalize construction with final review comments. o Prepare opinion of probable construction cost. City of Meridian - Black Cat Lift Station & Trunk Sewer Page - 7 J-U-B ENGINEERS, Inc. Attachment 'A' - 11873 6. Additional Services ( Optional) A. Preliminary Design of Optional Components . o CompLete preLiminary design of odor controL, chemicaL addition, and screening facilities as recommended by the Preliminary Lift Station Evaluation and specifically authorized by the City. B. Final Design of Optional Components o CompLete final design of odor control, chemicaL addition, and screening facilities as recommended by the Preliminary Lift Station Evaluation and specificaLLy authorized by the City. o EmpLoy a subconsuLtant to compLete the final design of noise abatement systems. City oj Meridian - Black Cat Lift Stalian & Trunk Sewer Page - 8 J-U-B ENGINEERS, Inc. Attachment 'A' - 11873 Task C -Trunk Sewer 1. Pre~Design A. Alternative Alignment Screening o Utilize the available 1 "=200' COMPASS aerial mapping and refine alignment of Ten Mile Diversion and Purdam Trunk sewers from the Black Cat Lift Station to the Ten Mile Road. Trunk alignment will be refined to based on input from the City and initial landowner meetings. Sizes and general routing of the subject trunk sewers are shown on Exhibit A-2 and summarized as follows: 1) Ten Mile Diversion Trunk: 1300' -21",6300'-18",2500' - 12" 2) Black Cat! Purdam Trunk: 8600' - 36", 3100' - 30" o For trunk re-alignments, examine trunk depths for gravity service to the project service area. o Contact permitting agencies such as UPRR, NMID, and ACHD to determine general design issues and constraints the may affect routing will be provided under Task C, Part 4 Agency Coordination and Permitting. Research drainage and irrigation easements along the trunk alignments. o Review and incorporate preliminary plats, concept plans into the alignments. o Provide an initial screening of alignments with the City based upon City input, input from affected landowners and permitting agencies, and engineering related issues. With the City, establish a preferred alternative for final design. o Revise preliminary alignments and develop estimates of probable project costs for the preferred trunk sewer alignments. 2. Preliminary Design A. Research, Control, and Topographic Survey and Mapping o Research Ada County Surveyor's records for survey monuments to add in establishing horizontal control and include research of land monuments, plats, records of survey, right- of-ways, and easements of record along the preferred trunk sewer alignments. Horizontal coordinate system shall be based on NAD 1983 translated to the Ada County G.r.S. system. Vertical control shall be based on NAVD 1988. o Establish temporary construction benchmarks ( T.B.M.'s) and control points at 1000' intervals. o Contact utility companies ( gas, power, telephone, storm drain, cable T. V., street lighting, traffic signals, irrigation) and other utilities identified along the alignment prior to survey to request field locations of utillties and to obtain available utility mapping. o Complete topographic survey along the alignments as generally shown on Exhibit 1. Additional limits of topographic survey shall be as follows: 1) For aligqments in undeveloped land areas or fields, an approximate 200-foot wide strip oOand will be surveyed with additional cross-sections as needed at waterway crossings, and along the UPRR ROW. 2) Alignments in public ROW will generally be full ROW width. Intersections shall be cross sectioned 50 feet each side beyond the alignment. Limits of the topographic survey are shown on Exhibit A-2. o Complete topographic mapping in AutoCAD 2000. The anticipated scale of the plan and profile drawings will be 1 "=50' and 1 "=5' vertical scale. Topographic features shall be depicted using standard symbols. Topographic features shall be shown on the construction plans to the extent that they are found or field located by the utility companies, such as City of ,'vferidion - Black Cat Lift Station & Trunk Sewer Page - 9 ')-U-/j tNGINttK), mc:. Attachment 'A' - 11873 fences, utility poles, surfacing, utilities, top of bank and waterway flowlines, and include monuments of record and physical survey of monuments and property pins that are found. Property lines will be shown based on Ada County G.J.S. mapping. Where easements are to be secured, property lines shall be determined using research and field search of land monuments methods as previously described above. 8. Preliminary Design of Trunk Sewers o Develop trunk alignments from the corridors identified in the Pre-Design Phase. Devetop two (2) alignment alternative for each trunk and prepare preliminary line and grade layout drawings with topographical, utility, ROW, and available preliminary plats or concept plans. Easement requirements will be shown and land ownership information. o Provide a summary table listing advantages and disadvantages for each alignment alternative, and estimates of probable construction cost. Meet with the City and select preferred alignments for final design. 3. Final Desili!n A. Basic Design of Trunk Sewer(30%) o Complete final design of the preferred trunk sewer alignments with considerations on constructability, surface disturbance, impact to drains, sanitary separations, dewatering, impacts to public traffic access, utility conflicts, construction access, serviceability checks, excavation depths, easement issues, and other pertinent design issues. Provisions to align the trunk, manholes, and stub-outs per available development plans, and preliminary or final plats will be made as specifically requested by the City. For parcels without development plans, considerations for manholes and block-out locations will be made with City direction. o Design details for construction plans. o Design fuH width roadway repair of Black Cat Road from the regional lift station to Franklin Road per ACHD requirements. Repair shall be limited to existing pavement widths and construction access within existing ROW's. Design shall not include considerations with roadway drainage, ultimate road width or alignment. o Perform design drafting in AutoCAD 2000 of the construction plans which witt include project title blocks, City standard notes, vicinity maps, sheet indexes, north arrows, bar scales, topography, pipe size, type, slope, invert elevations, ground surface elevations, surface repair, boring details, property lines, easements, found monuments and property corners, land ownerships, survey control, pay limits, special details necessary for a biddable product. Drafting shall be completed on 22"x34" mylars, ANSI standard size "0" sheets. To the extent practicable, the 2002 City of Meridian Standard Specifications and Drawings for Construction will be utilized in the design. B. Waterway Crossings, UPPR Borings o Design drain, irrigation, and waterway crossings in accordance with permitting agency requirements. The crossings will be designed using boring or open trench construction. USCOE/lDWR 404 permitting if required, is provided under a separate task - Agency Coordination and Permitting. o Crossing of the UPRR ROW with the Purdam/Black Cat and Ten Mile trunks wilt be designed using conventional horizontal jacking/boring, tunnel boring, or micro-tunneling. o It is assumed that no design is required for repLacing irrigation or drainage structu res/ bridges. City of Meridian - Black Cat Lift Station & Trunk Sewer Page - 10 J-UwD CI"'lJlf"'C.C/'{~, JIlL Attachment 'A' - 11873 C. Construction Plan Review Packages o Prepare 90% compLete construction plans and contract documents. It is anticipated that two (2) construction packages will be prepared and Likely include: 1) BLack Cat Trunk from Lift Station to Franklin Road; 2) Ten Mile Trunk and BLack Cat Trunk (remaining portion). o Prepare technical specifications in accordance with the 2002 Edition of the Idaho Standard Public Works Construction (ISPWC) format, and City Standard Specifications and Drawings. J-U-B shall be responsible for preparing special provisions necessary for the project. Contact Documents will be prepared using ISPWC standard front-end documents and City revisions. Contract documents shall be completed on a word processing system compatible with Microsoft Word, Windows 2000. Submit four (4) sets to the City for review. Provide estimate of probable construction cost. Meet with City and incorporate review comments. o Prepare 90% complete construction plans and contract document for City review and for agency review and approvals. Provide an estimate of probable construction cost. Meet with City and incorporate review comments. o Incorporate appropriate revisions as suggested by the City and reviewing agencies in the final set of plans and contract documents. Provide 25 copies of the final construction package to the City. Develop and issue to the City a final opinion of probable construction cost. D. Constructabiliy Review and Q)JQC Review o Complete in-house constructabilty review of the 30% complete construction plans and contract documents. Incorporate appropriate suggestions into project design. o Complete QA/QC review of construction package prior to 100% compLetion. 4. Agency Coordination and Permittin~ A. Preliminary Agency Coordination o Coordinate alignments with the City, ITD, and ACHD to establish acceptable corridors. This is anticipated to include: 1) Determining if road or structure improvements are anticipated 1n the foreseeable planning period; 2) Obtaining pertinent design requirements and materiaL specifications for proposed improvements; 3} Obtaining record drawings of improvements in the project vicinity; 4) Identifying approval time required to complete the permitting process; 5) Determining acceptable access points on ITD! ACHD right-ot-way, 6) Completing the necessary utility permit application with lTD, if the proposed improvements are constructed within ITO rights-of.ways. B. Drainage/Irrigation District Coordination and Permitting o Permitting with affected irrigation and drainage districts wilt vary based on the final altgnment of the project. J-U-B will meet w1th irrigation company representatives in the field to review construction reLated issues and determine design constraints. o For the purpose of estimating this Scope of Service, it is assumed that two License agreements will be required for each trunk ( Purdam!Black Cat, and Ten Mile Diversion). One (1) license agreement is assumed on the pressure sewer along Nine Mile Creek. Prepare the necessary license agreement applications, Legal descriptions, and exhibits. C. USCOE 404 Coordination and Permitting o This task encompass the design and permitting of open trench crossings of drains that may be under the jurisdiction of the U.S. Army Corps of Engineers{USCOE) requiring 404 permitting. For the purpose of estimating fees in the Scope of Services, preparation of (1) Nationwide 12, 404 permit is assumed. o Complete a field visit and with representatives from the USCOE to review project scope and waterways. The field meeting will determine if a joint 404 permitting is required. City of Meridian - Black Cat Lift Slalion & Trunk Sewer Page. II j-U-B ENGINEERS, Inc. Attachment 'A'. 11873 Coordinate with the U.S. Army Corps of Engineers for crosslng requirements and constructlon methods for preparation of a Nationwide 12, 404 permit for utility crossing or stream alteratlons. A wetland inventory study may be requlred at the crossings to define sensitive wetland areas and restoration requirements and will require an addendum to this Scope of Services. o Supplemental topographic survey will be performed at the crossing site develop a representative channel cross section. o A crossing plan, details, and specifications will be developed and 404 permit application submitted to the Corps of Engineers. o A legal descrlption, exhibit, and easement document will be prepared and submitted to the Idaho Department of Lands(JDL) for processing. o Final design and construction documents will include permit provisions and wetland mitigation requlrements. D. Union Pacific Railroad(UPRR) Coordination and Permitting o Coordinate with the UPRR to obtain utility crossing design and construction requirements. Prepare crossing exhibits and complete applications for securing permit with UPPR. 5. Additional Services. Trunk Sewers A. Pine Road Sewer Extension o Complete research, control, utility coordination, and topographic survey along the proposed Pine Road Sewer extension. Limits of the survey shall be from the Ten Mile Diversion Trunk approximately 2000 feet east as shown on Exhibit A.2 and encompass a 75- foot wide strip of land. Drafting of the topographic mapping shall comply with the services of Task C.Z.A. Digital files of the completed topographic mapping shall be provided to the City. o Along the proposed Pine Road Sewer Extension, complete landowner easement negotiations and prepare the necessary easement legal descriptions. For the purpose of estimating fees, four (4) landowners are assumed. This work shall be in comply with services outlined in Task E. B. Franklin Road Survey and Mapping o Complete research, control, utility coordination, and topographic survey along Franklin Road. Limits of the survey shall be from where the Black Cat Trunk diverts from Franklin Road, east of Black Cat Road, to approximately 1000 feet east of Ten Mile Road. Width of the strip topographic survey shall encompass the right-of-way width of Franklin Road. Drafting of the topographic mapping shall comply with the services of Task C.2.A. Digital files of the completed topographic mapping shall be provided to the City. C. Black Cat Road Spot Survey o Complete a preliminary ground profile survey along Black Cat Road, approximately 2000 feet south of Franklin Road, as shown on Exhibit A.2. Natural ground data will be acquired at approximately 50' lineal foot increments using a vehicle mounted GPS survey unit. Additional field shots will be taken at drain and culvert crossings, bridges, and grade breaks. Dlgital files of the preliminary ground survey shall be provided to the Cny. City of Meridian - Black Cat Lifi Station & Trunk Sewer Page - 12 J-U-B ENGINEERS. Inc. Attachment 'A' - 11873 Task 0 - IDEQ Approvals 1. IDEQ Permittin~ A. Approval Submittal Packages o J-U-B shaH coordinate, prepare, and submit final construction plans, specifications and checklists for approval to the Idaho Department of Environmental Quality (IDEQ). For the purpose of these Scope of Services, it is assumed that four (4) submittal packages will be required. B. Agency Revisions o J-U-B shall incorporate applicable IDEQ review comments into the construction plans and specifica ti ons. Task E - Easements and Public Involvement 1. Easement Acquisition A. Easement Acquisition Policy D Meet with the City and assist as needed with the development of an easement acquisition policy. D Prepare proposed procedural outlines for discussion purposes which identifies general tasks to be implemented for City approval. Policy or procedural revisions may require amendments to the scope of services. B. Easement Identification and Preliminary Exhibits D Reconfirm easements required from preliminary alignments identified in the "Ten Mile Interchange Sewer Study" and alignment modifications from the preliminary design phase. D Prepare preliminary easement maps using availabLe COMPASS aerial mapping, Ada County G.I.S. base mapping, and preliminary alignments. These preliminary easement maps will be used for initial property owner contact. D Research Ada County G.I.S. data base to determine parcel tax identification number, and assessed value. C. Title Reports, Appraisals, and Easement Legal Descriptions o Initiate title reports for properties along the alignment corridors and lift station sites. For the purpose of estimating fees, 15 parcels are assumed to be researched, at a cost of $200 per title report. D Employ a land appraiser, Idaho Land and Appraisal Company, or other appraiser acceptable to the City to complete necessary appraisals of the easements and lift station property. Appraisals will not be completed until preliminary alignment has been'cqmpleted on the trunk sewer and a target lift station site has been identified. Copies of the appraisals will be made for the City and subject landowners. For the purpose of estimating fees, twelve (12) appraisals will be assumed. o Prepare legal descriptions and exhibit drawings necessary to secure easements. For the purpose of estimating fees, preparation of 12 Legal descriptions are assumed. City of Meridian - Black Cat Lift Station & Trunk Sewer Page - D )-U-B ENGINEERS, Inc. Attachment 'A' - 11873 D. Landowner Meetings and Negotiations o Initial Landowner Interviews: Meet with each affected property owner to review the preliminary alignment maps, discuss easement acquisition process, confirm specific issues and concerns, request access to survey. For the purpose of estimating fees, 30 landowners are assumed. There will be two initial meetings with each landowner. Interview notes will be prepared documenting each interview meeting. o Informational Summaries: Summary memorandums will be complied during the easement acqUisition process listing landowner concerns, issues, and other informational highlights. It is assumed that over of the course of the project, three (3) summary memorandums will be prepared. o Easement Negotiations: Negotiate easement provisions as outline in the established easement procedures. Employ an independent ROW agent to assist with the easement negotiations. For the purpose of estimating fees, it is assumed that 12 landowners will be contacted, and each requiring three (3) meetings. 2. Public Involvement A. Informational Meetings o Organize and conduct open house style meetings during the duration of the project to generate public and neighborhood input. Prepare meeting agenda, visual aids, hand-outs, and project informational exhibits as needed. Two (2) informational meetings are anticipated during the preliminary and final design phase with an additional two meetings prior to construction. Four (4) total public meetings are assumed. o Coordinate with ITD and ACHD to incorporate these agencies into the informational meetings. This will anow the public to be updated on issues associated with Ten Mile Road Interchange, and trafftc control issues for construction on local roads. B. City Council Workshop Meetings o Assist City staff in presenting project status to the City Council. Complete agendas, summary hand-outs, exhibit drawings, visual aids, and schedules to be used for the presentations. Two (2) informational meetings are anticipated. 3. Private Development Coordination A. Coordination, Survey. and Design Modifications o Meet with private developers in the project, as specifically requested by the City, for the purpose of coordinating trunk sewer designs with private development plans. o Complete additional survey work, only when specifically requested by City to incorporate private development plans. This survey work shall be in addition to the work outlined in Task 2.A. and may include additional topographic survey, horizontal, and vertical control. o Incorporate trunk design modifications, as specifically requested by the City to incorporate private development. Task E - Proiect Financing 1. Steenn'! Committee A. Committee Facilitation o The City wHl form and select an advisory funding committee for the purpose of developing financing mechanisms. The committee is anticipated to include J-U-B ( facHitator, project manager, development engineer as required), City Public Works staff, City attorney, City City of Meridian - Black Cat Lift Station & Trunk Sewer Page - 14 J-U-B ENGINEERS. Inc. Attachment 'A' - 11873 ( Council representative, City Finance Department representative, and private development representative. The committee will likely investigate the following alternatives: 1. City Financed Project with Latecomer Connection Charges 2. Local Improvement District 3. City/Private Partnership 4. Private Constructed Project o Complete an initial kick-off meeting with the committee and prepare an informational packet summarizing project components, trunk alignments, and findings from the "Ten Mile Interchange Sewer Study". o Prepare, organize, lead, and facilitate committee meetings. Prepare exhibits, drawings, agenda, and meeting minutes for each committee meeting. It is anticipated that four (4) workshop meeting will be held. B. Refinement of Financing Alternatives o Provide supporting research on financing as requested by the City. Research may include a review of similar financing methods utilized by other area communities. o Complete preliminary work to determine possible landoWner assessments or cost sharing for various project phases and financing packages. This may include: 1. LID assessment for parcels north of Franklin Road to include Black Cat Lift Station, and Ten-Mile Diversion Trunk. 2. City/Private Partnership to Purdam/Black Cat Trunk 3. Other financing packages requested by the City 2. Stakeholder Workshop Meetings A. Stakeholder Workshop Meetings o Organize, lead, and facilitate with the assistance of City staff and committee members in presenting project financing alternatives to the affected landowners and private developers. Prepare agendas, summary hand-outs, exhibit drawings, visual aids, and schedules to be used for the presentations. Two (2) informational meetings are anticipated. City of Meridian - Black Car Lift Station & Trunk Sewer Page. 15 J-U-B ENGINEERS, Inc. Attachment 'B' . 11873 CITY OF MERIDIAN BLACK CAT TRUNK SEWER AND LIFT STATION ATTACHMENT "B". ITEMS PROVIDED BY THE CITY o Provide on-going review of J-U-B's work and timely considerations of policy issues with in a time acceptable to the City and J-U-B. o Provide all informational mailings, flyers, and public meeting notices as required for the public informational work. o Provide and arrange all meeting facilities for the steering committee and public meetings. o Provide legal council as required for consultation and legal opinions of project issues on an as needed basis. o Easements and Property Acquisitions: o Authorization to acquire and pay for all costs associated with the acquisition of easements or real property. o Process payments on negotiated parcels. o City liaison person to assist with acquisition and resolution of disputes. o Boilerplate sale and purchase agreement, and other pertinent documents used for acquisition. o Easement boilerplate o Review easement offer packages o Copies of development plans, concept plans, preliminary plats, etc. as available in the project area. o Copies of existing license agreements in project area. o Pay for all permits, fees, or other payment required to secure permitting for the design and construction of the proposed improvements. o Record drawings of City facilities and other relevant City information of record in project area. o Provide WWTP personnel to locate utilities and facilities along the proposed pressure sewer alignment at the WWTP. Provide WWTP facility planning and preliminary facility designs that may effect the routing of the pressure sewer. o Assist J.U.B with sewer hydraulic modeling as outline in Attachment" A". o Provide a private development liaison/contact person. o Provide City personnel and equipment to field locate existing city facilities and other utilities that may represent a conflict to the proposed improvements. This may entail exploratory excavations to determine exact locations and depths of critical utilities prior to design. o Assist J-U-B with the facilitation of the financing steering committee, stakeholder meetings, and City council workshop meetings. City of Meridian - Black Cal Lift Sfafion & Trunk Sewer Page - 1 J.U-B ENGINEERS, Inc. Attachment 'C' - 11873 CITY OF MERIDIAN BLACK CAT TRUNK SEWER AND LIFT STATION ATTACHMENT "C" - FEE SCHEDULE Basis of Fee and Billing Schedule The City shall pay J-U-B for its services and reimbursable expenses as follows. A detailed labor and equipment is presented in Exhibit "A-1 ": Task A - General . Task A.1 - Project Meetings Time and material basis with an estimated budget of .......................................$7,893 Task B - Black Cat Lift Station and Pressure Sewer . Tasks B.1-B.2( except B.2.G)- Preliminary lift Station Evaluation Lump sum price of ................................................................................ $43,041 . Task B.1.G - Pressure Sewer Survey and Preliminary Design Lump sum price of ................................................................................ $33,500 . Task B.3 - Lift Station Site Selection Time and material basis with an estimated budget of .......................................$5,831 . Tasks B.4 -B.5( except B.5.G) - Lift Station Preliminary and Final Design Lump Sum price of .............. ................................................................ $166,000 . Task B.5.G - Pressure Sewer Final Design Lump Sum price of .......................... ..................................................... $28,631 . Task B.6 - Additional Services ( Optional Lift Station Components) Time and material basis with an estimated budget of ..................................... $33,662 Task C - Trunk Sewer . Tasks C.1 - C.3 - Pre-Design, Preliminary/Final Design Lump sum price of ............................................................................... $175,336 . Task C.4 - Agency Coordination and Permitting Time and material basis with an estimated budget of ..................................... $25,070 . Task C.5 - Additional Services ( Optional) Time and material basis with an estimated budget of ..................................... $26,949 Task 0 - IDEQ Approvals . Task 0.1 - IDEQ Permitting and Revisions Time and material basis with an estimated budget of .................................;......$3,909 Task E - Easements, Public Involvement, and Private Development Coordination . Task E.1 - Easement Acquisition Time and material basis with an estimated budget of ..................................... $56,186 . Task E.2 - Public Involvement Time and material basis with an estimated budget of ..................................... $13,184 City of Meridian - Black Cat Lift Station & Trunk Sewer Page - I "" J-U-B ENGINEERS, Inc. Attac:hment 'C - 1 r 873 (> Task E.3 " Private Development Coordination Time and material basis with an estimated budget of ..................................... $12,723 Task F - Project Financing (> Task F.1 " F.2 . Steering Committee, Alternatives, Stakeholder Workshops Time and material basis with an estimated budget of ..................................... $21,541 City of Meridian - Black Cal Lift Station & Trunk Sewer Page - 2 January 24, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department January 28, 2003 ITEM NO. 3--1-1 REQUEST Waterline Easement, Platinum Point Building in Silverstone Subdivision - Sundance Investments, Inc.: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo I Easement tI1rO~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of MeridIan. .RECEIVED JAN 2 3 2003 City Of Meridian City Clerk Office To: Sharon Smith, Deputy City Clerk From: Gary D. Smith, PE CC: file Date: January 22, 2003 Re: Water & Sewer Line Easements * Sharon: I would appreciate it if you could place the following two (2) easements on the next City Council meeting (January 28) Consent Agenda for approval: " 1. Waterline Easement - Platinum Point Building located in the Silverstone Commercial Subdivision. This provides access for city ownership and maintenance of a 6" diameter fire hydrant supply line. 2. Water & Sewer Line Easement - Charter High School Medical Arts Building on the Education Campus located on the east side of Locust Grove Road, north of Ustick. This easement provides access for City ownership and maintenance of a water main line and sewer line to serve this building. Thank you! and if you have any questions please call, GaPo From the desk of... Gary D. Smith, PE Public Works Directo~ Meridian Public Worb Department 660 E. Watertower lane, Suite 200 Meridian, Idaho 8364.2 liD Page 1 (208) 898-5500 Fax; (208) 887-1297 WATER MAIN EASEMENT THIS INDENTURE, made this _ day of , 20_between Sundance Investments Limited Partnership, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently COlll1ect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional cO;1nection thereto, repair and replacement at the ':.onvenience of the Grantee, with the free riE, \:~ .)f access to sl1!7-h 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, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Platinum Point Water Main Easement Page] Platinum_Point_ Water_Ease.doc THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: SUNDANCE INVESTMENTS LHvlITED PARTNERSHIP Cf~~ Chris Anderson Vice-President of Sun dance Company and Authorized Agent of Sun dance Investments Limited Partnership STATE OF IDAHO) ) ss County of Ada ) On this 2lo-\.Y' day of "'lXc~'<V, \.-x.....,.--, 20 O~before me, the undersigned, a Notary Public in and for said State, personally appeared Chris Anderson, known or identified to me to be the Vice-President of Sundance Company and Authorized Agent of Sundance Investments Limited Partnership who subscribed said partnership name to the foregoing instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ------ NOTARY POOL C FOR IDAHO Residing at 00\.3 <--- Commission Expires: \ "-0 \::>:(""'____05 Page 2 Platinum_Point_ Water_Ease.doc GRANTEE: CITY OF 11ERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg. City Clerk Approved By City Council On: Platinum Point Water Main Easement Page 3 Platinum _ Point_ Water _ Ease.doc TE~~_EY'S LAND SURVEYING ( 2501 Bogus Basin Rd. . Boise, Idaho 83702 (208) 385~0636 Fax (208) 385~0696 Project No.: 2509 Date: December 26,2002 Revised: January 10,2003 EXHIBIT uA" DESCRIPTION OF WATER LINE EASEMENT FOR PLATINUM POINT (25K) BUILDING IN SILVERSTONE SUBDIVISION No.2 A 20.00 foot wide strip of land situated in Lot 9 of Block 11 of Silverstone Subdivision NO.2 as on file in the Office of the Ada County Recorder] Boise, Idaho, in the NW 1/4 and the SW 1/4 of Section 21, T.3N., R.1 E., S.M., Meridian, Ada County, Idaho, the boundaries of said easement being located 10.00 feet on each side of the following described centerline: COMMENCING at the Northwest corner of said Lot 9; thence along the North line of said Lot 9 along the arc of curve to the right having a radius of 973.00 feet, a central angle of 00"41 '04", a length of 11.62 feet and a long chord that bears North 84008'29" East 11.62 feet to the POINT OF BEGINNING; thence leaving said North line South 09030'32" East 33.63 feet to a point; thence South 54030'32" East 1 0.55 feet to a point; thence South 00007'17" West 256.55 feet to a point; thence North 89052'43" West 20.54 feet to the TERMINAL POINT of this easement. 2S09-Water-ease,doc - dnm ------~ \ - ---r o I 25 50 I I SCALE IN FEET '" = 50' 01-10-03 16:29:43 2509-woter-eose.dwg 100 I WEST COPPERPOINT ~. . \IE ... .' c - a::: N 0 U) I - U - - w 0 lJ' Z ~ a::: co <:t: 0 W 0 .q- CIl co Z W - - -.J I CO I- <( <..'J N I- z U) w W --1 ::> - - ~ -J <:t: .q- U I- a --1 '<t W 0 C 0 0 - ~ (J} - :J 0 ~ C l"'l <( l'-. a::: lJ' - ~ W > - a::: I :JU U N J~ 1[' w w 3: <..'J N N l"'l Z l"'l l"'l '<t a::: 0 0 N <C l"'l [Y) If\ W 0 0 0 lJ' '<l' lJ' CIl 0 If\ ro W (f) (f) Z --1 CO <( l- I W I- [Y) If\ '<t Z <..'J ~ If\ If\ --1 Z l"'l 2 0 W l"'l N --1 W - Nl"'l Z I f I ..-! ...J ...J ...J EXHIBIT "B " PROPOSED WA lERLlNE EASEMENT PLATINUM POINT (25K) BUILDING A PORTION Of LOT 9, 8LOCK 11 OF S1L~ONE SU8l)j~S1DN No. 2 SllUATED IN lHE NW 1/4 Ii. lHE St/ 1/4, SEClIOO 21, Lit, R.1E.. 8.M. tJERlDlffl, ADA COUNlY, IDAHO dmorks REV: 1/10/03 - RE-ALlGN WATER January 24,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department January 28,2003 ITEM NO. 3rL REQUEST Well No. 14 Piping Modifications Bid Award, Star Construction: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo I Agreement .~ ~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. wr"J Ji_J \j I' D To: Brad Watson From: Lenard Grady / Q J:. . cc: Gary Smith Date: 1/23/2003 Re: Proposed Agenda Items for January 28, 2003 City Council Meeting JAN 2 3 2003 City Of Meridian City Clerk Office The Public Works Department respectfully requests the following items be placed on the January 28 City Council agenda, under Consent Agenda, for Council's consideration: Well 14 Piping Modifications. Three bids were received for this project as shown below: . Star Construction $10,446.00 . Bitterroot Construction $10,945.00 . Sommer Construction $12,500.00 These modifications will provide distribution of well 14 water to the high~pressure zone which will provide backup water for well 22. Future modifications will allow water from well 14 to the low-pressure zone in the event of an upset condition. Recommended Council Action: The Public Works Deparbnent recommends that City Council approves the contract with Star Construction for the Well 14 Piping Modifications for $10,446.00 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. From thcdesk 0[.. Lenard Grady StaffEnginccr Meridian Public Works Dcpartmeru 660 E. Watertowcr, Suite 200 Meridian, Idaho 83642 CD Page 1 (208) 898-5500 Fax; (208) 887.1297 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the day of in the year 2003 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Star Construction, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as foHows: Article 1 WORK. The CONTRACTOR wiII complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: The Project includes alllabor, materials, and permit fees required to modify the distribution line from Well 14 as shown in Figure I. The Project for which the Work under the Agreement is described as follows: Well 14 Piping Modifications. All replacement materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The Contractor should become familiar with the specifications. Detailed Description of Work The work is described in Figure 1. Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within forty five (45) calender days from the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion ofthe Work in current funds as follows: $ L0,446.00 Article 5 PA YMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 15th day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% ofthe amount ofthe payment until final completion 1/23/2003 Page 10f4 and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, wh ichever is less. Article 7 CONTRACTOR'S REPRESENT A TIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONTRACTOR has studied carefully aU drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereofby ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement - N/A. 8.3 Information For Bidders. 8.4 Drawings. 8.5 CONTRACTOR's Quote. &.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). 8.10 City of Meridian Standard Specifications & Drawings - 2002 8.11 EJCD General Conditions There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. 1/23/2003 Page 20f4 Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on .20_ Owner CITY OF MERIDIAN Contractor By: By Name: Robert D. Corrie. Mayor Name: Attest Attest: William G. Berg, Jr. City Clerk 1/23/2003 Page 30f4 \ ::I: I 0 'Q g ::I: ~ -0 ::I: r ;0 G5 T )> 1"1 ::I: Z rn t/l 0 t/l -0 I P(J)~ ::0 c......m ;;0 \ 0 - en 1"1 ~~rrl t/l J> tJl I 0 rnm::o zenz -l \ ~ '*" .....-lo( - __ -'K"" I \ -.< ;;0 $1 :::l 0 ro 5 ~<3 LBJ ~ \ 9..<DO -~ -< -0 I to(t(\l ;;0 O(l)<D 1"1 I . fJl X t/l ~o[ III I 0" ':::l -' o a.:::l ~ ~ to VI "0 -< . -. 0 I "0 _ -, .:: ':::l (I) I to VI o n ~.~--'-~~---- I :::l ;s 0.(1) Eightmi\e Creek I n "" \ ----- 'f I ~ ~ (0 I II .... ~Ill- -I --- - - - +- ~,~ ~ \ I ~ It I 1 VI -';;0 \ -\8 I 0: ~ ell II -< ;0 ~ (I) 9:. % I orolo-< II ~ 3 I .... n (I) A ~ ....0< II J; gro I~-o~ II '\ 0. g. \ g ell I " ro 0 M _.n (1):::l '(\;I -g. ~ 0 0. 'tl I :;) CI1 II to-+- \ . ~ I II I II I\f (')~-....lZ 0' ell. 0 :::l,Oo-t l!l. S:. ~ 1"1 ""\~::f" c3--;;o 9.. ro _~ CD- .-k. ....-to. 0' :::l 0' <D ::l .... ""\ ""\ CI1 -00':;:0- (l) ':::l ""\ :l. c () 0' 0 fJl -' ""\::=0:':< 3 0' 0 ~ (') (l) .,:;:.... ~ VI -. ;;0 _.::l (l) ~~3 9..0 0' - <: -o(l) _0 <: (I) -0 0 (I) - . .:: g l.b ~g ~o.. .... ~ " ~ '" EXTERNAL PIPING CONSTRUCTION PLAN ~~""' ~.":c ~:-=. '(":":4"t ,..,_IhI.''bI ~'1~<tO't~ f ~_O /~",<>".,t'.~~ "'- L:/Vlt?rklitfJ1 ';; " ~""" I' <, y .J.\h,........l'+~,...."'...o;L.l~ ~ ~ ~ ~ ~ ~ ~ Q' ~ ~201~f1)~ !8~~~ . ~ ~ '" ~ SOl~S~ ~ ~ WELL 14 UPGRADE ~ Page 4of4 l/23/2003 January 24,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT City Clerk's Office January 28, 2003 3-M ITEM NO. REQUEST Contract for Services, Xerox - City Clerk's Office Copier: AGENCY COMMENTS CITY CLERK: See Attached Contract CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ;^~~ tbrol Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. Jan-Zl-ZU03 U1:22pm From-DAVISCO BOISE RENT AI. AGREEMENi C\l$tomet J.,cgal Name (BUll[)) City of ~ fYle ridi ~ Name Overflow or needed) Street Addrc~s BOlCl//Rouling Cily, Slale Zip Cude 33 E Id~ho AVe 111 t.rid/all- ~.lD 33642- CUStOlll~r Name (1nsT:lll) N3mc Ov~(flow (ifneedcd) lnSn\lled III Street Address Floor/Room/Routing CilY, Stute Zip Code $ $204.00 : MINIMUM RENTAL PA,);'MF.NT {~x.cJ. ofapplic:\blc taxes} Price lnf,.rmation o Adiusrmem Period Period A - Mos. Affected: Periodic Base Chorge Print ChaJ'Bc Meier 1 : Prints l - Print. PrilltS Print Ch,:uge Meter 2: Prints 1 - PrintS Pel'Jodie Min.it of Prints (based on Meier 1 Prim Charges) o Periodic Base Charge Prinr Charge MeTer l: Print~ l - Prinls Prints Print Charge Meler 2: Prints I - Prints Periodic Min,TI of Prints (based on Meter l J>rim Churges) o Purch:lserJ StlDolies Reorder it QI'Y Descnpllon Price S $ $ $ Total Priee = $ o Tr:.dl!-ln Allowance M~ufacluru Model! final Allowsnc<: Scrial/4 Prine;oal Puym~t II: XeTOJ\ 5837 9YW062344 S <; $ Totul AllO"':Ll1e~ ,. ~ TOlul !Ulowa.nec Applied to: D'flllde-ln Equip. Balance:: S Ol'tice ofRc:pl~mnt. Equip.; $ (Appliel.1 equ:LlIy to lirST 2'1 paym"'nl3) +2083845788 T-126 P.002/00S F-028 XEROX~ Cbeck :\11 [hat flPllly !BI Tux. Exempt (Sales Tax I3l\emprion CenificlllC' amchEXl) rEI Neaotialc:d Coml'acl/1': 071775700 0 DSA Contract Ii: " o Atlaeh<:d CUstomer 1',0, /is: Supplic-.;: RCTllul: 1BI SUM or Local Qovcmm<:nT Cu~tom!!r o Modiflc:ulnn of :Prior Xerox ^gr~cmen[ Agreemcnt covering Xt;rox Equipm~nt Serium (or 95"'): is hCi'cby modified Effective Date: COlnrnallS: Rentallnformation Rental Term : P~ymenl Pn:quency 36 months IJ Monthly o Other; I!J~upplies included ill Bll~c:lPrinT CllllTgc:S Period B - Mos. Af"ii:clecJ: Periodic Base Charge PI'illt Charge Mere!" I: Prints I - Prints Prints Print Charge Meter 2: Pfint~ I - PrinlS Periodic Min.# ofPrill15 (based Oll M<:ter 1 Print Charges) AnnliC:llion Software SoIl W:II'C Titl!! Initial License Fee Annual RcneIV31 Fec DClIsh o Firulncc: o Suppon Only i S $ $ S S Totut lnilial Licc:n,e fees = $ o 1<.J6 Billing ~uspensilln (check I ~~ required) Monlh$ ~ndc[td o Junt: only o July only o AUSU~t only o June - July o July. AugllSt Additional Ol.liotls (ch~ek ulllh:lt apply) o Run Lellgth Plan 0 Fix.ed Priec P13n o Per-Fool Pricing o Extended Service Hour:;: Dc~crjption: ! $ !nO o Attilched Addenda; o O\her Addc:nd~: Acr~~mcnt J>ri!~ehlcd 8;l': Xerox Nnm;' Ed I~inrh~m I'hon~:20~..~84-~Q.S4..... FOR AUTHORIZED HQ INTERNAL USE ONL y~ /~~lo1ncr N;mle; Aeeepted; XCI'Ol\ Co I' 01'I\[IOrY' 8y: (SigmI1l1t'( o"~i:liI#1"1~(d S((:trC.!') Title- Wmk;;hc,'1: Dale. Imil: DoeuJ3 roker Fonny 5 I S59 (1012002) JAN 71 '~, 1?:?n t:-M30' :: GOV t:xt \/V.ur MO "'0" V : PO;: NO PO REQD .....,::._..'.~~:..~. . ~.. " ..... fiMo A"O ._.~. . -. ....... . ., .. ........ -. ,,'" Cu~tQ~; In'f;' ._...'n.~ -'-'- E~~rr;'~ntl -...--/ -- Fin~n~iaiS-- : CIty OfMllrldlSn :;Maeh: 5!l37 StatuS: I.A .: ,'cm: &92'13321 ~~:'5M-1 '. Pym ft.: ,Op:SHARON "SIN,' 9'r'W0ll2J404 ., pym Amt: )no: 208-8118-4433 nl1actn: ',SUI Cd: 2W23 ':BaLancll: S , Dial: 6M7 ,!PLlln: RENT -3V J ~~ Purch Opt: IS' Team: E j' PP Exp: 9/30103 ;11nt Rute: IS 1 Torr: B007 !'lnlll0t: 8118198 h"lst ~ I:XEEP CIN: 'ta Unit: DA66 I, Warr Exp Ot: : Fin Status: r ExtWsrtMo Cnc 0 . _,!?~: 9337 o OF 0 ,. SO ; Metllr 1: ~i Meter 2: Check xeep I. Meter 3: o ~ Meter 4: 0.00 " 43.531 o o o r . .,.,.v, 110''''..... I u,,"u "'J~y":: !~~=_~~;~c ,:;- o :' Cpy B4:twn Visits: 19.248 o : Avg Sllr'llce VIllItS: 11 . I' '0; Upllme: 98.70 " Service Copy: 27,620 i: A.vg RalS? Time: 5.92 ,I n.ar.a ~ Rpo;p Tlm~ : 6114102 10 ,I 5.01 . 5J24t02 10 12.60 .' ~~LtlL 10 4.23 ,I.. .. ... :-:-:-_-;;-:~-:-:~._._--_... !:costJCOPY: ;Avg Copy: "AYB Co:W I . 0.0126 42.269 532.59 ;C: GOV /2.- YJv>t) 'f1,. ~j 110 tn..- Iff; 35" :?- ~ ,$ S7sPLh Ir ]) C-)0 f!vJ-J. & IIPVht/; ~ D~ ~ST (~eJ.JJ Il.M 70,/);.." r-- Yr>37 '1// ~ )2-~ ~/O? \/CV jJJ ~~jdf * I( J, 3 scr-C; ~~3~7- ~...;.. 'Oct~t, tV1oJ\'G0 $'204 .9~ fJ'~S $ O. D\ ~{ t,oM THE DOCUMENT COMPANY XEROX Da"i~co. lnc 1111 South Orchard, Sl~. 150 Boise, 1D 83705 Phone:: 208.31$4.5%4 Fax: 20&-384-5788 Suppli~~: llOO-S2.2.2200 Service: 800.821.271:17 EmlLil: t:dbingh:lm@qwc~l.net En BINGHAM Sal~s ManQg~r - JAN 21 '03 12:24 +2083845788 PAGE. 03 .--. -. ... - -... .. . . - _.....11 I I '-1m """ r ~ .:lI......... L;lIV J ...l;. +2083845788 T-l26 P.001/003 F-028 FACSIMILE COVER SHEET ..... Davisco, Inc. 1111 South Orchard, Suite 150 DAVISCO I Boise, ID 83705 lIII I ~ (208) 384-5954 TEL Authorized (208) 384-5788 FAX 50/(11} Agefll 1)( 4u- JAN 21 '03 12:24 +?VlP~Qt1C:::'7QQ Dr"'\f"::r n., GENERAL TERMS: Thc lollowing Icons apply to all rental transactions: 1. PRODUCTS. Thc tern! "Products" shall refer to all equipment (the "Equipment"), sollware. and supplies ordered under this Agreement. You represent that the Products arc bcillg ordered for your o\m business use (rather than resale) and thai thcy will not be used for pcrsonal. household or family purposes. 2. RENTAL COMMENCE1vIENT, PAYMENT, TA.'(ES & CREDIT HISTORY. A. The rental tem1 lor this Agreement shall commence upon inslallation of the Equipmenl; provided, however. lor customer-installable Equipment. the rental term tor this Agreement shall commence upon delivery of the Equipment. B. You agree to pay cach Xcrox Minimum Rental Payment, all Print Charges and all other SllIllS due hereunder (including, but not limited to, any non-typical delivery or removal cxpcnses incurred) within thirty (30) days of the invoice date or on the due date listed on the invoicc, whichever is earlier. Reslnctive covenants on checks you send to Xerox wi II not reduce your obi i gations. C. Yqu shall be responsible lor any and all applicable Taxes, which will be included in Xerox's invoice unless you provide proof of your tax exempt status. "Taxes" shall mean any tax, assessment or charge imposed or collected by any govenul1ental entity or any political subdivision thereof, however designated or levied, imposed on this Agreemenl or the amounts payable to Xerox by you for the billing of Products, Print Charges. services and maintenance of any kind; Taxes include, but are not limited to, sales and use, rental, excise. gross receipts and occupational or privilege taxes. plus any interest and/or penalty thereon, but excluding any taxes on Xerox's net income. If a taxing authority determines that Xerox did not collect all applicable Taxes, you shall remain liable to Xerox for such additional Taxes. D. As part of this transaction, you authorize Xerox (or its agent) to obtain credit reports (including in connection with credit analysis or subsequent review, collection or en forcement of your obligations hereunder), make such other credit inquiries as Xerox may deem necessary, furnish payment history information to credit reporting agencies. and rclcasc to prospective assignees of this Agreement or any rights hercundcr intonnation Xerox has about you and this Agreement. Even if Products have becn delivercd. Xerox may, within sixty (60) days following its acceptance of this Agreement, revoke the Agreement if your credit approval is denied. 3. BASIC SERVICES. Xerox (or a designated servicer) will provide the following Basic Services under this Agreement (unless you are acquiring Equipment for which Xcrox does not offer Basic Services; such cquipmenl to be designated as "No Svc. "): A. REPAIRS & PARTS. Xerox will make repairs and adjustments necessary 10 keep Equipment in good working ordcr (including such rcpairs or adjustments required during initial installation). Parts rcquired for repair may be new. reprocessed, or recovered. B. HOURS & EXCLUSIONS. Unless otherwise stated, Basic Services will be provided during Xerox's standard working hours (excluding Xcrox-recognized holidays) in areas within the United States, its territories, and possessions open for repair service for thc Equipment at issue. You agree to give Xerox reasonable access to the Equipment. Basic Services shall cover repairs and adjustments required as a result of nonnal wear and tear or defecls in materials or workmanship (and shall exclude repairs or adjustments Xerox determines to relate to or be affected by the use of options, accessories, or other connected products not serviced by Xerox as well as any non-Xerox alterations, relocation, service. supplies, or consumables). You agree to use the Equipment in accordance with all applicable manuals and instructions. You also agree to perform all operator maintenance procedures for the Equipment and to purchase all referenced parts, tools, and supplies need cd to perform those procedures that are described in the applicable manuals and instructions. C. INSTALLATION SITE & METER READINGS. The Equipment installation site must conform to Xerox's published requirements throughout the term of this Agreement. Ifapplicable, you agree to provide mcter readings in the manner prescribed by Xerox. If you do not provide Xerox with meter readings as required, Xcrox may estimate them and bill you accordingly. D. EXCLUSIVE REMEDY. If Xerox is unable to mainlain the Equipment as described above. Xerox will, as your exclusive remedy for Xerox's failure to provide Basic Services. replace the Equipment with an identical product or, at Xerox's option, anothcr product of equal or greater capabilities. lfa replacement product is provided pursuant to this Section, it shall be subject to the terms and conditions of this Agreement, there will nOl be an additional charge for the replacement product and, except as set forth in Section II below, there will not DocuBroker Form# 51859t&c (10/2002) be an additional charge lor Basic Scrviccs during the thcn-currcnt term during which Basic Services are being provided. E. CARTRIDGE PRODUCTS. If Xerox is providing Basic Scrvices for Equipment utilizing cartridges designated by Xerox as customer replaceable ("Cartridgcs"), and unless you have entered into a Standard Maintenance Agreement as dcscribed below. you agree to use only unmodified Cartridges purchased directly from Xerox or its authorized rescllers in the United States. F. PC/WORKSTATION REQUIREMENTS. In ordcr to receive Basic Services and/or Sothvarc Support for Equipment requiring connection to a PC or workstation. you must utilize a PC or workstation that eithcr (I) has been provided by Xerox or (2) meets Xerox's published specifications. 4. WARRANTY DISCLA1MER. XEROX DISCLAIMS, AND YOU WAIVE, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. 5. INTELLECTUAL PROPERTY INDEMNITY. Xerox will defend and indemnitY you if any Product is alleged to infringe someone else's U.S. intellectual property rights providcd you promptly notify Xerox of the alleged infringement and pernlit Xerox to direct the defense. Xerox is not responsible tor any non-Xerox litigalion expenses or settlements unless it preapproves them in writing. To avoid infringement, Xerox may modify or substitute an equivalent Product. refund the price paid for the Product (less the reasonable rental value for the period it was available to you), or obtain any necessary licenses. Xerox is not liable for any infringement-related liabilities outside the scope of this Section including, but not limited 10. infringement based upon a Product being modified to your specifications or being used or sold with products not provided by Xerox. 6. LIMIT A T10N OF L1ABIUTY. Xerox shall not be liable to you for any direct damages in excess ofS I 0,000 orthe amounts paid hereunder, whichever is grcater. and neithcr party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this Agreement, whether the claim allcges tortious conduct (including negligence) or any other legal thcory. Any action you take against Xerox must be commenced within lwo (2) years after the event that caused it. 7. ASS1GNMENT. You may not assign any of your rights or obligations under this Agreement without Xerox's prior written consent. Xerox may assign this Agreement, in whole or in part. withoul prior notice to you and may release information it has about you and this Agrcemcnt. Each suecessive assignee of Xerox shall have all of thc rights but none of the obligations of Xerox hereunder. You shall continue to look to Xerox for performanee of Xerox's obligations. ineluding the provision of Basic Serviccs, and you hercby waive and release any assignees of Xerox from any such claim. To the extent that Xcrox notities you of any such assignment, you shall make all paymcnts due hereunder in accordance with the instructions of said assignees. You shall not assert any defense, counterclaim or set-off that you may have or claim against Xerox against any assignees of Xerox. 8. BILLING. All Minimum Rental Payments are billed in advance (with additional Print Charges billed in arrears). Each Minimum Rcntal Payment shall consist of(l) any Periodic Base Charge and (2) any Periodic Minimum Number of Prinls multiplied by the applicable Meter I Print Charge(s). For full-color equipment, color prints are counted on Meter I. 9. CARTRIDGES. In support of Xerox's environmental leadership goals, cartridges packed with Equipment and replacement cartridges may be new, remanufactured or reprocessed. Remanufactured and reprocessed cartridges meet Xerox's new cartridge performance standards and contain new and/or reprocessed components. To enhance print quality. the cartridge(s) for many models of Equipment have been designed to cease functioning at a predctermined point. In addition, many Equipment models are designed to function only with cartridges that are newly manufactured original Xerox cartridges or with cartridges intended for use in the U.S. Equipment configuration \Vhich permits use of non-newly manufactured original Xerox cartridges may be available from Xerox at an additional charge. Certain cartridges are also sold as Environmental Partnership Cartridges; you agree thatlhese eartridges remain the property of Xerox and you shall return them to Xerox for remanufacturing once they cease functioning. 10. PAYMENT AND BILLING FOR GOVERNMENT CUSTOMERS. For state and local government customers. payment (including applicable Taxes) is due within thirty (30) days of our invoice date with all charges being billed in arrears. This Agreement shall not be automatically renewed. II. PRICING INCREASES FOR MUL T1- YEAR AGREEMENTS. Xerox may annually increase the rental pricing established under your multi-year rental agreement, each such increase not to exceed 10%. (For state and local 01/21/03 Page 2 0 f 4 government customer.;. this adjustmcnt shall take'. ~ al the commencement of each of your annual cOlllraCI cycles.) 12. TITLE. RISK, & RELOCATION. Title 10 the Equipment shall at all times remain with Xerox. You agree Ihnt: (;1) the Equipment shall rcmain per.;onal property; b) you will nol attach any of the Equipment as a fixture to any real estate: (c) you will not pledge. sub-lease or part with possession onhe Equipment or file or permit to be tiled any lien against the Equipment; and, (d) you will not make any peml;lIICnt allerations to thc Equipment. The risk of loss tor the Equipment shall pass to you upon shipment from a Xerox controlled facility. All Equipment relocations must be arranged (and approved in advance) by Xerox. All parts/malerials replaced. including as part of an upgrade. will become Xt'rox's property. 13. EXPIRATION. This Agreemenl will expire Qnthe tinal day of the last full calendar month called tar in the Agreement (e.g.. a 24 month agreement will include the balance of Ihe month in which it commences plus 24 full calendar months). 14. BREACH & REr-IEDIES; LATE CHARGES & COLLECTION EXPENSES. A. If any payment is not received by Xerox on or belbre the dalc it is due. Xerox may charge yuu. and you agree to pay. a late charge to cover Xerox's costs of eollection equal to S25.00 (not to exceed Ihe maximum amount permitted by law). B. You will be in default under this Agreement if Xerox does not receive any payment within I1fteen (15) days al1cr the date it is due or if you breacn any other obligation hcreundcr. If you defaull, Xerox, in addition to its other remedies (including the cessation of Basic Services), may require immediate payment, as liquidated damages for loss of bargain and not as a penalty, of: (a) all amounts Ihen due, plus interest on all amounts due from thc due dale until paid at Ihc rate of onc and one-half percent (1.5%) per month (not to exceed the maximum amounl permitted by law); (b) reasonable liquidated damages in an amount equal to all of the rcmaining Minimum Rental Payments not to exceed six (6) months; and, (c) all applicablc Taxes. In addition to paying the amounts required in the preceding sentence if you detaull, you shall return the Equipment to Xerox in the same condition as whcn delivered. reasonable wear and tear excepted. when requesled to do so by Xerox. Xewx's decision to waive or forgive a particular default shall not prcvent Xerox from declaring any other default. In addition. if you default under this Agreement. you agree to pay all of thc costs Xerox incurs to enforce its rights against you, including reasonable attorneys fees and actual costs. IS. RENEWAL. This Agreement will be renewed automatically for successive temlS of the same number of months as the initial tenn unless a written notice of cancellation is received from you (or provided to you by Xerox) prior to expiration ofthe then-current tenn. 16. REPRESENTATIONS, WARRANTIES & COVENANTS. You represent, as of the date of this Agreement, that: (a) you have the lawful power and authority to enter into this Agreement; (b) the pcrson(s) signing this Agreement have bcen duly authorized to do so on your behalf; (c) by entering into this Agreement you will not violate any law or other agreement to which you arc a party; (d) you are nol aware of anything that will have a material negative effcct on your ability to satisJY your obligations under this Agrcement; and, (e) all tinancial infonnation you have provided to Xerox is true and accurate and provides a good representation of your financial condition. In addition to the other provisions of this Agreement, you agree that during the tenn of this Agreement. you will promptly notify Xerox in wriling if you move your principal place of business. if you change the name of your business or if there is a change in owner.;hip. 17. NOTICES. Notices must be in writing and will be deemed given five (5) days alter mailing, or l\VO (2) days after sending by nationally recognized overnight courier, to your (or our) business address. or to such other address designated by either party 10 the other by written notiee given pursuant to this sentence. For purposes of the foregoing sentence, Ihe term "business address" shall mean, for you, the "Bill to" address listed on the tirst page of this Agreement and. for Xerox. our inquil)' address set forth on the mosl recent invoice \0 you. l8. FORCE. MAJEURE. Xerox shall not be Hable to you during any period in which its perfonnance is delayed or prevented, in whole or in part, by a cirCllmstance beyond its reasonable control, which circumstances include. but are not limited to, the follQwing: act of God (e.g., flood, earthquake, wind): tire; war; act of a public enemy or terrorist; act of sabotage; epidemic; strike or othcr labor dispute; riot; piracy or other misadventure of the sea; embargo; inability to secure materials and 1 or transportation; or, a restriction imposed by legislation. an order DocuBroker Fonnll 518591&e (10/2002) ( or a rule or regulation of" __I'emmclllal entity. If such a circumstance occur.;. Xerox shall undertake reasonable action to notify you of the same. 19. MISCELLANEOUS. This Agreemenl constitutes the entire agreement as to its subject maller. supersedes all prior and contemporaneous oral and written agrecmenls, and shall be construed under Ihe laws of the State of Ncw York [without regard to contlict-ot~law princIples). YOU CONSENT TO THE JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS IN MONROE COUNTY. NEW YORK. Ira court linds any term of this Agreement to be unenforceable. the remaining tcnns of this Agreement shall remain in effect. Xerox may retain .1 reproduclion (e.g.. electronic image. photocopy, or facsimile) of Ihis Agreemem which shall be considered an original and shall be admissible in any action to enforce this Agreement. Xerox may accept this Agreement either by its authorized signature or by commencing perfonnance (e.g.. Equipment delivel)'). All changes to this Agreement must be made in a writing signed by both parties: accordingly. any tenns on your ordering documents shall be of no force or effect. IN ANY ACTION TO ENFORCE THIS AGREEMENT, THE PARTIES AGREE TO \vAlVE THEIR RIGHT TO A JURY TRIAL The following four sentences control over every O1her part of this Agreement and over all other doeumems now or later pertaining to Ihis Agreement. We both intend to comply with applicable laws. In no event will Xerox charge or collect any amounts in excess of those allowed by applicable law. Any part of this Agreement that would, but for this Seclion. be read under any circumstances to allow for a charge higher than that allowed under any app licable legal Ii mj t, is limited and modified by this Seclion \0 limit the amoUnlS chargeable under this Agreement to the maximum amount allowed under the legal limit. If. in any circumstances. any amount in excess of that allowed by law is chargcd or received, any such >:harge will be deemed limited by Ihe amount legally allowed and any amount received by Xerox in excess of that legally allowed will be applied by us to the payment of amountS legally owed under this Agreement, or re funded to you. SOFTW ARE TERMS: The following additional terms apply o.nly to transactions covering Application Software and/or Xerox-brand Equipment: 20. SOFTWARE LICENSE. The following temlS apply to copyrighted soflware and the accompanying documentation, including, but nor limited to, operating system software, provided with or within tbe Xcrox-brmtd Equipment being rented hereunder ("Base Sothvare") as well as software specifically set out as "Application Software" on the face of this Agreement. This license does not apply to any Diagnostic Software or to any software and accompanying documentation made subject to a separate license agrecment. A. Xerox grams you a non-exclusive. non-transterable lieense to use the Base Software within the United States, its territories. and possessions (the "United States") only on or with the Equipment with which (or within which) it was delivered. For Application Software. Xerox grants you a non-exclusive, non- transferable license to use this software within the United States on any single unit of equipmenl for as long as you are current in the payment of any indicated software license fees (including any Annual Renewal Fees). You have no other rights to thc Base or Application Software and, in particular, may not: (I) distribute, copy. modify, create derivatives of, decompile, or reverse engineer this sotlware; (2) activate any software delivered with or within the Equipment in an unactivated state; or, (3) allow others to engage in same. Title to the Base and Application Software and all copyrights and other intellectual property rights in it shall at all times reside solely with Xerox and/or its lieensors (who shall be considered third-party beneticiaries of this Agreemenl's software and limitation of liability provisions). Base and Application Software may contain, or be modified to contain. computer code capable of automatieally disabling proper operation or functioning of the Equipment. Such disabling code may be activated if: (a) Xerox is denied access to the Base or Application Software to periodically reset sueh code: (b) you otherwise breach any tenn of this Agreement; or, (c) your license is tenn i natcd or expires. B. Xerox may tenninate your license for any Base SQftware (I) immediately if you no longer use or possess the Equipment or are a..lessor of the Equipment and your first lessee no longer uses or possesses it or (2) upon the termination of any agreement under which you have rented or leased the Equipment. C. If you transfer posscssiQn of the Equipment, Xerox will offer the transferee a license to use the Base Software within the United States on or with it, subject to Xerox's then-applicable terms and license fees, if any, and provided the transfer is not in violation of Xerox's rights. D. Xerox warrants that Ihe Base and Application Software will perform in material conlarmity with its published specifications for a ninety (90) day period from Ihe date it is delivered or. for software installed by Xerox, the dale of software installation. Neither Xerox nor its licensors warrant that the Basc or Application Software will be free from efTors or that ils operation will be uninterrupted. 01/21/03 Page 3 01'4 21. SOFTWARE SUPPORT. During the pcrio,- .at Xcrox (or a designated servicer) provides Basic Sel\'iccs lor thc Equipmcnt but in no evcnt longer than five (5) years allcr Xerox stops taking orders from customer for their acquisition of the subject mode] of Equipmcnt, Xerox (or a designated servicer) will also provide sollware suppOt1 lor the Base Sotlware under the following tenns. For Application Sollware. Xerox will provide this same level ofsuppot1 provided you arc current in thc payment of all Initial License and Annual Renewal Fees (or, for programs not requiring Annual Rcncwal Fees, the payment of the Initial License Fee and the annual "SuppOt1 Only" Fccs): A. Xerox will assure that Base and Application Sotlware perfornls in material confornlity with its published spccifications and will maintain a toll-free hotline during standard business hours to answer related questions. B. Xerox may make available ncw releases of the Base or Application Sotlware thaI primarily incorporate coding error fixes and arc designated as "Maintenance Releases". Maintenance Releases arc provided at no charge and must be implemented within six (6) months aller being made available to you. Each new Maintcnancc Rele:Jse shall be considered Base or Application Sollware governed by these Solhvare Ternls. New releascs of the Base or Application Software that arc not Maintenance Releases. if any, Illay be subject to additional license fees at Xcrox's then-current pricing and shall be considered Base or App]ication Sonware govefficd by these Sollware Tenns (unless otherwise noted). You agrce to return or destroy all prior releases. C. Xerox will use reasonable elTot1s, either directly and/or with its vendors, to resol ve coding crrors or provide workarou nds or patches, provided you repot1 problems in the manncr specified by Xerox. D. Xerox shall not be obligated (I) to SuppOt1 any Base or Application software Ihat is two or more generations older than Xerox's most current release or (2) to remedy coding errors if you have modified the Base or Application Software. E. Xerox may annually increase the Annual Renewal and Sopport-Only Fees, each such increase not to exceed 10%. (For state and loea]-government customers, this adjustment shall take place at the commencement ofeaeh of your annual contraet cycles.) 22. DIAGNOSTIC somVARE. Software uscd to maintain the Equipment and/or diagnose its failures or substandard perfonnance (collectively "Diagnostic Software") is embedded in, resides on, or may be loaded onto the Equipment. The Diagnostic SoH ware and method of entry or access to it constitute valuable trade secrets of Xerox. Title to the Diagnostic Software shall al all times remain solely with Xerox and/or Xerox's licensors. You agree that (a) your acquisilion of the Equipment does not grant you a license or right to use the Diagnostic Software in any manner. and (b) that unless separately licensed by Xerox to do so, you will not use, reproduce, distribule, or disclose the Diagnostic Soltware for any purpose (or allow third pat1ies to do so). You agree at all times (including subsequent to the expiration of this Agreement) to allow Xerox to aeeess, monitor, and otherwise take steps to prevent unauthorized use or reproduction of the Diagnostic Software. ADDITIONAL TERMS: The following additional tenns apply only to the extent that you have agreed to one or more of the options described below: 23. SUPPLIES INCLUDED IN BASE/PRINT CHARGES. ]f this option has been selected, Xerox (or a designated serviccr) will provide you with black toner, black developer, copy cat1ridges, and fuser ("Consumable Supplies") throughout the tenn of this Agreement. For full-color Equipment, Consumable Supplies shall also include color toner and developer. You agree that the Consumable Supplies arc Xerox's propet1y until used by you, that you will use them only with the Equipment, that you will return all Cartridges 10 Xerox for remanufacturing onee they have been run to their cease-function point, and Ihat you will return any unused Consumable Supplies to Xerox at the end of this Agreement. Should your use of Consumable Supplies exceed the lypical use pattern (as detennined by Xerox) lor these items by more than 10%, you agree that Xerox shall have the right to charge you for any such excess usage. 24. MODIFICATION OF PRIOR XEROX AGREEMENT. ]f this option has bcen selected, this Agreement will modify a prior agreement between you and Xerox covering the specified equipment. As a result, the prior agreement shall remain in effect except that any new tenns presented in this modification agreement that connict wUh, or are additive to, any of the ternlS in the prior agreement shall take precl>dence over the prior tcnns for the balance of the Agreement. 25 ADJUSTMENT PERIOD. If this option has been selected, your Minimum Rental Payment and/or Print Charges shall be adjusted in aceordanee with the intomlation conlained in the Adjustment Period portion of this Agreemenl; as a result, your initial payments shall be different from those payable during the balance of this Agreement. DocuBroker Fonn# 5 I 859t&c (10/2002) 01/21/03 i 26. K-16 BILLING SU~. _NSION. If this option has been selccted. your Minimum Renta] Payment and Print Charges will be suspended each year during the months indicated. During thesc months, you agree not to use the Equipment and that Xerox shall not be responsible for providing BaSIC Services on it. 27. TRADE-IN EQUIPMENT. ]f this option has been selceted, you are providing equipment to Xerox as part of this Agrcernent ("Trade-In Equipment") and Ihe lollowing shall apply: A. TITLE TRANSFER. You warrant that you have the right to transfer title to the Trade-In Equipment and that it has bcen inslalled and perfonning its intcndcd function for the previous year at the address where the replacement equipment is to be installed. Title and risk of Joss to the Trade.ln Equipment shall pass to Xerox when Xerox removes it from your premises. B. CONDITION. You warrant thaI the Trade-In Equipment is in good working order, has not been modi tied from its original contlguration (other than by Xerox), and has a UL label attached, You agree to maintain the Trade-In Equipment at its present site and in SlIbstantially its present condition until removed by Xerox. C. ACCRUED CHARGES. You agree to pay all accnled charges for the Trade-In Equipment (up to and including payment of the Final Principal Payment) Number and to pay all Taxes. maintenance, administrative, supply and finance charges for this Equipment through the date title passes to Xerox. 28. RUN LENGTH PLAN. If this option has been selected. the first ten prints of each original (per run) are recorded and billed on both meters with all subsequent prints recorded and billed on Meter A only. (Note that if a Xerox 5090 family product covered by this plan has ils document handler leH open. all affected copies will be recorded and billed on both meters.) 29. F]XED PRICE PLAN. If this option has been selecled, Xerox will torego its right to increase the amount you pay during the iniEia] tenn of this Agreement. 30. PER-FOOT PRICING, If this option has been selected, all Print Charges will be billed on a per-foot basis, with each linear foot equal to Qne print. 31. EXTENDED SERVICE HOURS. ]1' this option has bcen selected, Xerox will provide Basic Serviecs during the hours indicated. with the first number establishing the number of eight-hour shifts covered and the second cstablishing the days of the week (e.g" 2 x 6 would provide sef\'ice from 8:00 A.M, to I 1:59 P.M., Monday through Saturday). The cost of this enhanced service coverage will be billed separately and. as such, is not included in your Minimum Rental Payments or Print Charges. 32, TERMINATiON. You will have the right to tenninate this Agreement at any time upon thit1y days written notice 10 Xerox by paying, as liquidated damages for loss of bargain and not as a penalty, (I) all accrued Periodic Base and Print Charges, and (2) all remaining Minimom Rental Payments not to exceed six (6) months. Note that thcse liquidated damages may be waived by Xerox if you are upgrading the rental Equipment toan alternative Xerox product. 33. ATIACHED ADDENDA. If this option has been selected, you acknowledge that one or more specified addenda (as indicated) have been provided to you. These addenda, which provide additional tenns relevant to Ihe transactions covered hereunder, are hereby fully integrated into this Agreement. 34. NEGOTIATED CONTRACT. If this option has been selected, the Products identified in this Agreement are subject solely to the tenns contained in the identified Negotiated Contract. 35. DSA CONTRACT NUMBER, If a DSA Contract Number has been inset1ed. the Equipment and/or sotlware identitled in this Agreement are associated with the Serviecs being provided under the referenced Document Services Agreement ("DSA"), but such Equipment and/or sottware are subject solely 10 the tenns contained in this Agreement. Page 401' 4