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
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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.
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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
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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?
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January 28, 2003
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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.
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January 28, 2003
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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
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January 28, 2003
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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.
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January 28, 2003
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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:
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January 28, 2003
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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.
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January 28, 2003
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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.
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January 28, 2003
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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
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January 28, 2003
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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
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January 28, 2003
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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.
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January 28, 2003
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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
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January 28, 2003
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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. The other financial information listed
in the table of contents is presented for purposes for additional analysis and is not a required part of
the general purpose financial statements of the City of Meridian, Idaho, Such information has been
subjected to the auditing procedures applied in the audit of the general purpose financial statements
and, in our opinion, is fairly stated, in aU material respects, in relation to the general purpose
financial statements taken as a whole.
~J ~ t: W'J (la.
December 18, 2002
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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
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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
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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
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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
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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
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CITY OF MERIDIAN, IDAHO
NOTES TO fINANCIAL STATEMENTS
September 30, 2002
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NOTE A - SUMMARY Of SIGNIFICANT ACCOUNTING POLIClES
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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,
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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.
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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.
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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,
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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
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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.
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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.
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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.
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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.
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CITY OF MERIDIAN, IDAHO
NOTES TO FINANCIAL STATEMENTS
September 30, 2002
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NOTE F - CHANGES IN LONG-TERM DEBT ACCOUNT GROUP
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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
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CITY OF MERIDIAN, IDAHO
NOTES TO FINANCIAL STATEMENTS
September 30, 2002
NOTE I - CONTRIBUTED CAPITAL
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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.
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CITY OF MERIDIAN, IDAHO
NOTES TO FINANCIAL STATEMENTS
September 30, 2002
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, , 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).
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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)
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\ CITY OF MERIDIAN, IDAHO
STATEMENT OF REVENUES - BUDGET AND ACTUAL (Continued)
...- GENERAL FUND
~ . Year Ended September 30,2002
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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-~:
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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
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, .
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
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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
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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
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OTHER INFORMATION
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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
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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
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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-
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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.
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Reportable Conditions
CONTRACTS
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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.
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Reconunendation:
Copies of all contracts affecting the financial statements should be given to and maintained by the
accounting department.
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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.
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-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
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SECTION 2. 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
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.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:
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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.
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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:
\
....
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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.
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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
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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
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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.
-
-
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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)
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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,
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NOTARy'pUBLI QR IDAHO
RESIDING AT:CWY<
MY COMMISSION EXPIRES:
ANNEXATION AND ZONING ORDINANCE (AZ-Ol-018) - 6
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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,
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- ~ & 2^JILLlAM G. BERG, JR.
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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)
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Notary Public of Idah~
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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
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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
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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:
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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
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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
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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
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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~/',
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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
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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 -... ~ ~
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- - ...
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'i" PU.\t~ 0 i
.. ~~ ~
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"'<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
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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
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$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%
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w 3.00%
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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
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WWTP UTILITY SALES REVENUE
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$350,000
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$250,000
$200,000
$150,000
$100,000
$50,000
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Perce ntage
Dalla r Change Change
$103,807 46_96%
$99,523 41.45%
$28,950 11,39%
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FY2003
..... FY2002
FY2003
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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
)
)
)
)
)
)
)
)
)
)
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)
)
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
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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
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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
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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-.
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day of
,2003.
(
. Corrie, Mayor City of Meridian
Copy served upon Applieant, the Planning and Zoning Departnient, Public Works Department
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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
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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~
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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
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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.
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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
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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
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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.
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BY:
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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)
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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
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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
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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.
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CITY OF MERIDIAN .'
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
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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
)
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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
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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
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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
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EXTERNAL PIPING
CONSTRUCTION PLAN
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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-
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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 -
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Prints
Print Charge Meler 2:
Prints I -
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Periodic Min,TI of Prints
(based on Meter l J>rim Churges)
o
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Reorder it QI'Y Descnpllon Price
S
$
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Total Priee = $
o Tr:.dl!-ln Allowance
M~ufacluru Model! final Allowsnc<:
Scrial/4 Prine;oal Puym~t II:
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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~
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!BI Tux. Exempt (Sales Tax I3l\emprion CenificlllC' amchEXl)
rEI Neaotialc:d Coml'acl/1': 071775700 0 DSA Contract Ii: "
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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 -
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Prints
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Pfint~ I -
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(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
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$ $
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Totut lnilial Licc:n,e fees = $
o 1<.J6 Billing
~uspensilln
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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'
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(SigmI1l1t'( o"~i:liI#1"1~(d S((:trC.!')
Title-
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DoeuJ3 roker Fonny 5 I S59 (1012002)
JAN 71 '~, 1?:?n
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)no: 208-8118-4433
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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:
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'0; Upllme: 98.70
" Service Copy: 27,620
i: A.vg RalS? Time: 5.92
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: 6114102 10
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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
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+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.
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