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HomeMy WebLinkAbout2003-01-07x : ? � a g �p "0114111111 � COUNCILCITY AGENDA City Council Chambers Tammy de Weerd VC Bill Nary K Cherie McCandless Y Keith Bird X Mayor Robert Corrie 2. Adoption of the Agenda: ass �cdvr.4. 3. Consent Agenda: A. Approve minutes of November 19, 2002 Pre -Council Meeting: �m V -L,— B. Approve minutes of December 17, 2002 City Council Regular Meeting: all; 7roV".1-P C Findings of Fact and Conclusions of Law for Approval: AZ 02- 022 Request for annexation and zoning of 119.83 acres from RUT to R-4 zones for proposed Havasu Creek Subdivision by Farwest, LLC — south of East McMillan Road and west of North Locust Findings of Fact and Conclusions of Law for Approval: PP 02- 019 Request for Preliminary Plat approval of 328 building lots and 27 other lots on 119.83 acres in a proposed R-4 zone for proposed Havasu Creek Subdivision by Farwest, LLC -- south of East McMillan Road and west of North Locust Grove Road: atlwwrc ax E. Findings of Fact and Conclusions of Law for Approval: CUP 02-028 -Request for a Conditional Use Permit for a Planned Unit Development with .327 single-family dwellings, one elementary school, and 27 common lots for proposed Havasu Creek Subdivision by Farwest, LLC -- south of East McMillan Road and west of North Locust Grove Road: Meridian City Council Agenda — January 7, 2003 Page 1 of All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 !tours prior to the public meeting. F. Findings of Fact and Conclusions of Law for Approval: AZ 02- 023 Request for annexation and zoning of 6.06 acres from RUT to R-8 zones for proposed Moshers Farm Subdivision by CMD, Inc. — 895 North Ten Mile Road: �a l� G. Findings of Fact and Conclusions of Law for Approval: PP 02- 021 Request for Preliminary Plat approval of 25 building lots, one existing residence and 8 other lots on 6.06 acres in a proposed R-8 zone for proposed Moshers Farre Subdivision by CMD, Inc. — 895 North Ten Mile Road: 4o V1.0-1 U� 71,o H. Findings of Fact and Conclusions of Law for Approval: CUP 02-031 Request for a Conditional Use Permit for a Planned Unit Development for 25 single-family detached homes and 1 single- family existing home in an R-8 zone for proposed Moshers Farm Subdivision by CMD, Inc. — 895 North Ten Mile Road: 6&, acatr Z ✓aA- /4-6 hAy I. Sewer and Water Easement, Cooper Canyon Subdivision — Wildwood Development, LLC.: J. Water Main Easement, Silverstone Subdivision Cedar Point Building — Sundance Investments: K. Water Service Easement, Meridian High School — Joint School District No. 2: L. Water Service Easement, Locust Grove Elementary School — Joint School District No. 2: M. Sewer Easement, Lanark Lane — Ronald W. Van Auker: N. Nater Easement, Lanark Lane — Ronald W. Van Auker: O. Water Easement, Lanark Lane — Ronald W. Van Auker: P. Contract for Services with AspireOn for a Career Development Training Program for the Human Resources Department: Q. Contract for Services, Storey Park Phase II J.G.T Architecture: R. Contract for Services, Bear Creek Park Restrooms; — Cole Associates Architects: Meridian City Council Agenda — January7, 2003 Page 2 o€3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, 5. (items Moved from Consent Agenda) , - � /- 6. Findings of Fact and Conclusions of Law for Approval: PP 02-014 Request for Preliminary Plat approval of 439 building lots and 50 other lots on 209.01 acres in an R-4 zone in a Planned Unit Development for 13ridgetower Crossing East Subdivision by Primeland Development — northeast corner of North Ten Mile Road and West Ustick Road: Approved December 17, 2002: t1v 1-,t 7. Resolution No. 69°_ 1�7 �, 7 Authorizing Code Enforcement Officers for the Planning and Zoning Department to Issue Uniform Citations: 6VP-'"° i, -e- 8. TE 02-007: Request for Time Extension on Final Plat approval and approval of Conditional Use Permit for Commercial Tire Subdivision by Pinnacle Engineers, Inc. — southwest corner of South Meridian Road and Eight Mile Lateral: 9. Public Hearing: MI 02-012 Request for waiver of the requirement of tiling of the Rutledge Lateral by Pinnacle Engineers for Kent Mortensen — 521 West Broadway Avenue: 10. Public Hearing: 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: 11. Public Hearing: CUP 02-039 Request for a Conditional Use Permit for a Care Center for up to 30 mildly ill children, ages two to ten years, staffed by nurses and certified nurses assistants for Sniffles rn Sneezes Care Center by JC Anderson, Co. — 217 East Pine Avenue and portion of 834 East 2nd Street: o 12. Public Hearing: MI 02-009 Request for adjustment of area of impact between the cities of Meridian and Boise in an RUT zone for Winston Moore by Winston Moore — northwest corner of North Eagle Road and East Ustick Road: 13. Public Hearing: MI 02-011 Request to remove certain parcels in Dunbar Estates Subdivision from City of Meridian's area of impact for Packard Estates Dev., LLC by Packard Estates Dev,, LLC — south of East Ustick Road and west of North Cloverdale Road: 14. City Council Election of Officers: Arivfie�ep t 0A541e /Jlc (a Ad err !>)ej-i e,,t Meridian City Council Agenda —January 7, 2003 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to tate public meeting. Tuesday, January 7, 2003 at 6:00 p.m. City Council Chambers 1. Roll -call Attendance: Tammy de Weerd X Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: �111_l f7 -be- a - r d, 6:00 p.m. 3. Centennial High School Auditorium Presentation: �J� �lLtr,C O.,Ps�rn. 6:05 p.m. 4. Aspire®n Consultant Presentation on Employee Career Development Training Program: !y 6:10 p.m. 5. Update on Prosecuting Attorney Service: 6:15 p.m. 6. Sage Presentation- % e �q, 6:30 p.m. 7. Discussion of Centennial Celebration: 6:35 p.m. 6. Discussion of Request by St. Luke's Regional Medical Center to add two helipad sites at the Meridian facility: arm¢a 0&,/1 Ir /02, CO l57/t2 Com. 4" e G/c 6:40 p.m. 9. Discussion of ACRD Right -of -Way Acquisition: Gr l7�YFec,r Urrfry lGh� Oh �1UliGt�/iPv zzo iLG� jYPfc�liGl7dhJ 6:46 p.m. 10. Discussion of International Building Code Adoption: GL`rTcu rj:;5, d-,' Meridian City Council Agenda — January 7, 2003 Page i of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. January 17, 2003 MERIDIAN CITY COUNCIL MEETING January 21, 2003 APPLICANT ITEM NO. -� REQUEST Approve minutes of January 7, 2003 City Council Regular Meeting: 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: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS ae 01-11"� 51 #awl u 1 CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 7, 2003 at 7:00 p.m. City Council Chambers 1. Roll -call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie 2. Adoption of the Agenda: Approve as Amended 3. Consent Agenda: A. Approve minutes of November 19, 2002 Pre -Council Meeting: Approve B. Approve minutes of December 17, 2002 City Council Regular Meeting: Approve C Findings of Fact and Conclusions of Law for Approval: AZ 02- 022 Request for annexation and zoning of 119.83 acres from RUT to R-4 zones for proposed Havasu Creek Subdivision by Farwest, LLC — south of East McMillan Road and west of North Locust Grove Road: Approve 5-D. Findings of Fact and Conclusions of Law for Approval: PP 02- 019 Request for Preliminary Plat approval of 328 building lots and 27 other lots on 119.83 acres in a proposed R-4 zone for proposed Havasu Creek Subdivision by Farwest, LLC -- south of East McMillan Road and west of North Locust Grove Road: Approve as Amended E. Findings of Fact and Conclusions of Law for Approval: CUP 02-028 Request for a Conditional Use Permit for a Planned Unit Development with 327 single-family dwellings, one elementary school, and 27 common lots for proposed Havasu Creek Subdivision by Farwest, LLC -- south of East McMillan Road and west of North Locust Grove Road: Approve Meridian City Council Agenda — January 7, 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 888-4433 at least 48 hours prior to the public meeting. F. Findings of Fact and Conclusions of Law for Approval: AZ 02- 023 Request for annexation and zoning of 6.06 acres from RUT to R-8 zones for proposed Moshers Farm Subdivision by CMD, Inc. — 895 North Ten Mile Road: Approve G. Findings of Fact and Conclusions of Law for Approval: PP 02- 021 Request for Preliminary Plat approval of 25 building lots, one existing residence and 8 other lots on 6.06 acres in a proposed R-8 zone for proposed Moshers Farm Subdivision by CMD, Inc. — 895 North Ten Mile Road: Approve 5-H. Findings of Fact and Conclusions of Law for Approval: CUP 02-031 Request for a Conditional Use Permit for a Planned Unit Development for 25 single-family detached homes and 1 single- family existing home in an R-8 zone for proposed Moshers Farm Subdivision by CMD, Inc. — 895 North Ten Mile Road: Table until January 14, 2003 I. Sewer and Water Easement, Cooper Canyon Subdivision — Wildwood Development, LLC.: Approve J. Water Main Easement, Silverstone Subdivision Cedar Point Building — Sundance Investments: Approve K. Water Service Easement, Meridian High School — Joint School District No. 2: Approve L. Water Service Easement, Locust Grove Elementary School — Joint School District No. 2: Approve M. Sewer Easement, Lanark Lane — Ronald W. Van Auker: Approve N. Water Easement, Lanark Lane — Ronald W. Van Auker: Approve -O. Water Easement, Lanark Lane — Ronald W. Van Auker: Approve P. Contract for Services with AspireOn for a Career Development Training Program for the Human Resources Department: Approve Meridian City Council Agenda -- January 7, 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 8884433 at least 48 hours prior to the public meeting. Q. Contract for Services, Storey Park Phase II — J.G.T Architecture: Approve R. Contract for Services, Bear Creek Park Restrooms — Cole Associates Architects: Approve S. Approve Bills: Approve 4. Department Reports: None 5. (Items Moved from Consent Agenda) 3-D & 3-H 6. Findings of Fact and Conclusions of Law for Approval: PP 02-014 Request for Preliminary Plat approval of 439 building lots and 50 other lots on 209.01 acres in an R-4 zone in a Planned Unit Development for Brid etower Crossinc I East Subdivision by Primeland Development — northeast corner of North Ten Mile Road and West Ustick Road: Approved December 17, 2002: Approve Revised 7. Resolution No. 03-397 Authorizing Code Enforcement Officers for the Planning and Zoning Department to Issue Uniform Citations: Approve 8. TE 02-007: Request for Time Extension on Final Plat approval and approval of Conditional Use Permit for Commercial Tire Subdivision by Pinnacle Engineers, Inc. -- southwest corner of South Meridian Road and Eight Mile Lateral: Approve One Year Extension 9. Public Hearing: MI 02-012 Request for waiver of the requirement of tiling of the Rutledge Lateral by Pinnacle Engineers for Kent Mortensen — 521 West Broadway Avenue: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 10. Public Hearing: 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: Continue Public Hearing to January 14, 2003 Meeting 11. Public Hearing: CUP 02-039 Request for a Conditional Use Permit for a Care Center for up to 30 mildly ill children, ages two to ten years, staffed by nurses and certified nurses assistants for Sniffles `n Sneezes Care Center by JC Anderson, Co. — 217 East Pine Avenue and portion of 834 East 2ndStreet: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda — January 7, 2003 Page 3 of 4 All materials presented at public meetings shalt become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 12. Public Hearing: MI 02-009 Request for adjustment of area of impact between the cities of Meridian and Boise in an RUT zone for Winston Moore by Winston Moore — northwest corner of North Eagle Road and East Ustick Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 13. Public Hearing: Ml 02-011 Request to remove certain parcels in Dunbar Estates Subdivision from City of Meridian's area of impact for Packard Estates Dev., LLC by Packard Estates Dev., LLC — south of East Ustick Road and west of North Cloverdale Road: Remand back to P & Z Commission 14. City Council Election of Officers: Tammy de Weerd — President Cherie McCandless — Vice President Meridian City Council Agenda — January 7, 2003 Page 4 o€4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. Meridian City Council Meeting January 7 2003 The Regular Meeting of the Meridian City Council was called to order at 7:05 P.M., on Tuesday, January 7, 2003, by Mayor Robert Corrie. Members Present: Mayor Robert Corrie, William Nary, Keith Bird, Tammy de Weerd, and Cherie McCandless. Others Present: William Nichols, Brad Hawkins -Clark, Brad Watson, Ken Bowers, Mike Worley, Dean Willis, and Will Berg Item 1. Roll -call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: All right. I will open the City of Meridian City Council Regular Meeting on Tuesday, January 7, 2003, at 7:05. Mr. Clerk, if you will have the roll call attendance, please. Item 2. Adoption of the Agenda: Corrie: Okay. Item Number 2 is the adoption of the agenda. Council, any additions, or corrections to the proposed agenda? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: It's been requested by staff to pull -- on the Consent Agenda pull Item D to 5-D for clarification on the Regular Agenda. Item D they'd like to -- or Item D on the Consent Agenda, they'd like to pull to Item 5-D on the Regular Agenda. There is a little clarification to be done. With that, I would move that we adopt the agenda. Corrie: Number 10. Bird: Item Number 10. Oh, that's right. Item Number 10 on the Regular.Agenda has been requested to be moved to January 14, 2003. With that, I'd move we' adopt the agenda as noted. Nary: Second. Corrie: Okay motion has been made and seconded to have -- on the Consent Agenda Item D moved to Item Number 5 and the Public Hearing on Number CUP 02-033 on the Meridian City Council Meeting January 7, 2003 Page 2 of 44 Regular Agenda be postponed until the 14th of January. Any other corrections any other additions? Okay. Yes. Brad. Hawkins -Clark: I'm sorry, Mr. Mayor. i was just approached here at the staff desk regarding Item G -- I'm sorry, Item H, which is the CUP for Moshers Farm Subdivision, that the applicant does have one -- have one concern with one of the conditions in there. So -- it's Item Number 4 -- or Page 4 so whether or not you would like to address that tonight or table that, but they are not prepared to have that Item H approved as is. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Brad, do they want the item -- we can take care of this when we approve the Consent Agenda, if they want it moved to a regular item, to 5-G, so that this can be discussed, and, then, passed at that time. Hawkins -Clark: That would be great. Corrie: Okay. De Weerd: Do you include that in your motion? Bird: We have already got a motion. We can take care of that when we do the Consent Agenda. Corrie: All right any further additions or corrections? Okay. All those in favor of the revised adoption of the agenda say aye. Opposed no? MOTION CARRIED: ALL AYES Item 3. Consent Agenda: A. Approve minutes of November 19, 2002 Pre -Council Meeting: B. Approve minutes of December 17, 2002 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 02- 022 Request for annexation and zoning of 119.83 acres from RUT to R-4 zones for proposed Havasu Creek Subdivision by Farwest, LLC — south of East McMillan Road and west of North Locust Grove Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 02-028 Request for a Conditional Use Permit for a Planned Unit Meridian City Council Meeting January 7, 2003 Page 3 of 44 Development with 327 single-family dwellings, one elementary school, and 27 common lots for proposed Havasu Creek Subdivision by Farwest, LLC -- south of East McMillan Road and west of North Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: AZ 02- 023 Request for annexation and zoning of 6.06 acres from RUT to R-8 zones for proposed Moshers Farm Subdivision by CMD, Inc. — 895 North Ten Mile Road: G. Findings of Fact and Conclusions of Law for Approval: PP 02- 021 Request for Preliminary Plat approval of 25 building lots, one existing residence and 8 other lots on 6.06 acres in a proposed R-8 zone for proposed Moshers Farm Subdivision by CMD, Inc. — 895 North Ten Mile Road: I. Sewer and Water Easement, Cooper Canyon Subdivision — Wildwood Development, LLC.: J. Water Main Easement, Silverstone Subdivision Cedar Point Building — Sundance Investments: K. Water Service Easement, Meridian High School — Joint School District No. 2: L. Water Service Easement, Locust Grove Elementary School — Joint School District No. 2: M. Sewer Easement, Lanark Lane — Ronald W. Van Auker: N. Water Easement, Lanark Lane — Ronald W. Van Auker: O. Water Easement, Lanark Lane — Ronald W. Van Auker: P. Contract for Services with AspireOn for a Career Development Training Program for the Human Resources Department: Q. Contract for Services, Storey Park Phase II — J.G.T Architecture: R. Contract for Services, Bear Creek Park Restrooms — Cole Associates Architects: S. Approve Bills: Corrie: Okay. Item 3 is the Consent Agenda. Mr. Bird. Meridian City Council Meeting January 7, 2003 Page 4 of 44 Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Consent Agenda with the changes of Item 5-D being changed to regular Item 5-D and Item H being moved to regular Item 5-H. With that 1 would move we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest on all proper papers. McCandless: Second. Corrie: Okay. Motion has been and seconded. Any further discussion? Hearing none roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 4. Department Reports: Corrie: Item Number 4 is Department Reports. Do we have any reports from any of the departments at this point? Item 5. (Items Moved from Consent Agenda) D. Findings of Fact and Conclusions of Law for Approval: PP 02- 019 Request for Preliminary Plat approval of 328 building lots and 27 other lots on 119.83 acres in a proposed R-4 zone for proposed Havasu Creek Subdivision by Farwest, LLC -- south of East McMillan Road and west of North Locust Grove Road: Corrie: Okay. Thank you. Item Number 5 is items moved from the Consent Agenda. First is Item 5-D. This is a Findings of Facts and Conclusions of Law for approval, request for Preliminary Plat approval of 328 building lots, and 27 other lots on 119.83 acres in a proposed R-4 zone for proposed Havasu Creek Subdivision. At this time we will have staffs comments. Hawkins -Clark: Mr. Mayor, Members of the Council, there is a Position Statement that you should have received in your packets from Bruce Freckleton, the Public Works Department. He just has proposed two modifications to the condition on Page 4 about the Sanitary Sewer Service easement there. The first change is just to add a permanent Sanitary Sewer construction easement and, then, just a clarification on the direction, it should be south boundary, not the east boundary. That was the reason for the change there, just those two items. Meridian City Council Meeting January 7, 2003 Page 5 of 44 Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Is the applicant in agreement with that, Brad? Corrie: is the applicant here this evening? Hawkins -Clark: Becky Bowcutt is representing the applicant. She was here a little earlier. I have not -- Corrie: Becky, on that change on the Havasu, to change it to a permanent sanitary sewer and also Havasu Falls Drive to the south subdivision changes. Does that meet the developer's representative -- Bowcutt: That's acceptable. Carrie: Anything else, Mr. Bird? Bird: That's fine. Corrie: All right. With that change, I will entertain a motion, then, for the Findings of Facts with the change. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the Findings of Facts and Conclusions of Law for approval of the request for Preliminary Plat as 328 building lots and 27 other lots on 119.83 acres in a proposed R-4 zone for Havasu Creek Subdivision with the changes that were submitted and ask the Mayor to sign and Clerk to attest. Bird: Second. Corrie: 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, aye. Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES H. Findings of Fact and Conclusions of Law for Approval: CUP 02-031 Request for a Conditional Use Permit for a Planned Unit Meridian City Council Meeting January 7, 2003 Page 6 of QA Development for 25 single-family detached homes and 1 single- family existing home in an R-8 zone for proposed Moshers Farm Subdivision by CMD, Inc. — 895 North Ten Mile Road: Corrie: The next one -- the second one is 5-H. This is the Findings of Facts and Conclusions of Law for approval on a CUP -- excuse me -- for a Planned Unit Development for 25 single-family detached homes and one single-family existing home in an R-8 zone for proposed Moshers Farm Subdivision, 895 North Ten Mile Road. Brad. Hawkins -Clark: Thank you, Mayor, Members of the Council. The Conditional Use Permit findings on Page 4, Item A-2, discuss the amenities that Moshers Farm Subdivision was going to provide. Number 1 states that they are going to have expanded open space with pathways and, then, Number 2 was the playground equipment and the applicant has told me tonight that the Planning and Zoning Commission had approved, instead of playground equipment, a half court basketball court. I did not, myself, go back, and check the Findings or the minutes from the Council Meeting to see if you adopted the P&Z Commission without changing that, the P&Z recommendation. I'm not able tonight to say for sure, since I didn't have a chance to research that, but that was the reason for taking it off the Regular Agenda, it was for that change of the amenity type. If you need confirmation from staff on that, I guess I would just recommend moving this to next week's meeting, so we can do that, or it's up to you if anyone has a recollection from that meeting if that amenity was modified. Corrie: Does anybody remember? Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I remember some discussion about it, but I'm not -- I can look at my notes. Bird: I remember the discussion. I remember the half court basketball thing and there was a playground -- I think l remember there was playground equipment, too, also mentioned in that, but I am not -- I'm like Brad, I'm not 100 percent sure. Corrie: If you want to make sure, we can hold it until next week. I think that would probably be apropos. Okay. If we are in agreement, I will entertain a motion to do that. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we table the Findings of Facts and Conclusions of Law for approval of CUP 02-031, to January 14, 2003. Bird: Second. Meridian City Council Meeting January 7, 2003 Page 7 of 44 Corrie: Motion has been made and seconded. Is there any further discussion? All in favor of the motion say aye. All ayes. Item Number H, the CUP request, will be tabled until the 14th of January. MOTION CARRIED: ALL AYES Item 6. Findings of Fact and Conclusions of Law for Approval: PP 02-014 Request for Preliminary Plat approval of 439 building lots and 50 other lots on 209.01 acres in an R-4 zone in a Planned Unit Development for Bridgetower Crossing East Subdivision by Primeland Development — northeast corner of North Ten Mile Road and West Ustick Road: Corrie: Okay. That takes care of the items moved from the Consent Agenda. Item Number 6 is the Findings of Facts and Conclusions of Law for approval, request for Preliminary Plat approval of 439 building lots and 50 other lots on 209.01 acres in an R- 4 zone in a Planned Unit Development for Bridgetower Crossing East Subdivision by Primeland Development northeast corner of North Ten Mile Road and West Ustick Road. This was approved on December 17, 2002. We have a request here to change the Findings of Facts. Bill, do you want to address that? Nichols: Mr. Mayor, I, actually, believe this is Mr. Hawkins -Clark's issue. Corrie: Okay. Brad. Hawkins -Clark: Yes. Thank you, Mayor, Members of the Council. The memo dated January 3rd from myself explains the reason for this. Essentially, it was on the Consent Agenda on December 17th and I didn't catch it and neither did some of the Council, but there was a request for this to be tabled until this meeting in order for us to review the revised plat. Essentially, what I was asking for is to just to clean up the plat to make sure we get the right plat reference in the Findings and, then, there was a few other modifications that I was proposing there. I did talk with Becky Bowcutt this evening and she's reviewed my January 3rd memo and is in agreement with those changes. You should have received also the hard copy of the revised Findings from Marlene St. George with the Legal department. She did go ahead and amend those Findings based on my January 3rd memo, which Becky reviewed those Findings as well and has no problem with them. It's mainly just getting this Preliminary Plat corrected Findings in place. Corrie: And those are okay with you, Mrs. Bowcutt? Okay. Let the record show that she's nodding yes any other discussion, Council? Bird: I have none. Corrie: Okay. I will, then, entertain a motion on the revised Findings of Facts and Conclusions of Law additions and approval of the Preliminary Plat at Item Number 6. Meridian City Council Meeting January 7, 2003 Page 8 of 44 Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve the Findings of Facts and Conclusions of Law for PP 02- 014, request for Preliminary Plat approval of 439 building lots and 50 other lots on 209.01 acres in an R-4 zone for a Planned Unit Development for Bridgetower Crossing East Subdivision by Primeland Development. Northeast corner of North Ten Mile Road and West Ustick Road and to note that the new Findings of Facts and Conclusions of Law, Order of Conditional Approval, it's revised on January 6, 2003, let that be noted and for the Mayor to sign and the Clerk to attest. De Weerd: Second. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none -- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Nichols is there any necessity to have a motion to rescind the other findings or do you think this is -- Nichols: Councilman Nary, Mayor, Members of the Council, where we are primarily correcting a scrivener's error, plus there was that intervening plat, 1 think -- if you want to rescind, include in your motion rescission of the prior ones, that's fine, that makes it clean, that those were rescinded and these are the operative ones. Bird: Mr. Mayor? Corrie: Motion? Bird: The motion would include rescinding all previous Findings of Facts and Conclusions of Law and the only one that's valid is the January 6, 2003. De Weerd: Second concurs. Corrie: Okay. Motion is made and seconded to include the rescension any further discussion? Hearing none, then, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; De Weerd, aye; Bird, aye. Carrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES Meridian City Council Meeting January 7, 2003 Page 9 of 44 Item 7. Resolution No. Authorizing Code Enforcement Officers for the Planning and Zoning Department to Issue Uniform Citations: Corrie: Item Number 7 is a Resolution Number 03-397 authorizing Code Enforcement Officers for the Planning and Zoning Department to issue uniform citations. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Mayor, I was just going to, I guess, put on the record I was the one that requested this resolution, because, as all of you know -- we also have a memo from Brad in our packets. We do have a new Code Enforcement Officer who was empowered to enforce zoning violations. What this resolution would do is simply authorize him to issue Idaho Uniform Citations, which is just tickets, if necessary. I had a conversation with Brad earlier and 1 think part of that process we will probably be implementing some sort of protocol process in how those get reviewed. They currently will get reviewed by our criminal prosecution division with the City Attorney's Office to get those filed with the court when necessary. They are going to work with him on implementing that protocol as to how those will get done, but this is just one step of the process giving him the authority to issue those when that's all completed. That's what this -- Corrie: Okay any other questions? Okay. Hearing none, I'll entertain a motion, then, on Resolution Number 03-397. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move the approval of Resolution Number 03-397, authorizing Code Enforcement Officers for the Planning and Zoning Department to issue uniform citations. McCandless: Second. Corrie: Okay. Motion has been made and seconded any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; De Weerd, aye; Bird, aye. Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES f Meridian City Council Meeting January 7, 2003 Page 10 of 44 Item 8. TE 02-007: Request for Time Extension on Final Plat approval and approval of Conditional Use Permit for Commercial Tire Subdivision by Pinnacle Engineers, Inc. — southwest corner of South Meridian Road and Eight Mile Lateral: Corrie: Item Number 8 is a request for Time Extension on the Final Plat approval and approval of a Conditional Use Permit for Commercial Tire Subdivision by Pinnacle Engineers, Inc., southwest corner of South Meridian Road and Eight Mile Lateral. Brad, do you have anything to say on that? Hawkins -Clark: Mr. Mayor, Members of the Council, don't have much to add on this one. It's a fairly standard Time Extension request. The one change that this does include is a requested extension to the Conditional Use Permit as well. The applicant did submit an explanation of the reason for their -- for their request. The plat is shown here on the screen and, as you can see, the Pennwood Street there along the south was the subject of several conversations between the applicant and the Highway District. That's explained in their letter. Essentially, the city is looking to see Pennwood extended out, so that there is a connection to Meridian Road back into Troutner. At one point the Highway District had said they did not -- did not need that extension and so, certainly, that would have dramatically changed this and that the lot would extend all the way to the south. At this point, they have -- they are still showing the connection. The subdivision change -- the subdivision name has changed, according to the Ada County Surveyor, they couldn't use the Commercial Tire name, so that's going to be changed to Schwangfelder and there is a couple of other clean-ups that I mentioned in my January 3rd memo. Other than that, staff is recommending approval of the Time Extension to the Council. Corrie: Okay. Is the representative of Pinnacle Engineering here? Boyle: Mayor and City Council Members, Clint Boyle, Pinnacle Engineers, 12552 West Executive Drive in Boise. Just to clarify on the name, we are trying to get creative on our subdivision names and, thus, the Schwangfelder Tire Subdivision. Actually, that is the owner of the business, that is his last name, thereby the name for the subdivision. Commercial Tire couldn't be used a fairly standard Time Extension request. The narrative that I submitted is in front of you. Basically, on the Pennwood Street has been kind of a hot topic on this project from kind of the start. It's been bantered around from Meridian staff, the ACHD staff, and gone through several discussions. ACHD -- right now the status with the developer on that is ACHD is actually negotiating with the developer in this area right here to actually purchase some of this right of way in this corner here from the developer, because they feel the developer should only be responsibility for, essentially, his half of the street, which is a half plus 12 in ACHD's mind. There has been quite a bit of dealings with ACHD on the project and that's the reason -- one of the reasons -- or the biggest reason that the project has been delayed somewhat. He is requesting a Time Extension for the plat, Final Plat, and also the Conditional Use Permit, which there are pretty much one and the same for this Meridian City Council Meeting January 7, 2003 Page 11 of 44 particular project, which is -- for the Conditional Use Permit is for a Commercial Tire store. With that, I will entertain any questions you might have on it. Corrie: Any questions from Council? Okay. Thank you. Boyle: Thank you. Corrie: Okay. With that one, Council -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the request for Time Extension on the Final Plat approval and approval of a Conditional Use Permit for Schwangfelder Tire Subdivision by Pinnacle Engineers at the southwest corner of South Meridian Road and Eight Mile Lateral. Nary: Second. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Bird: Oh. Excuse me. One year. Corrie: One year. Okay. Any further -- okay. Mr. Berg, roll call vote, please. Roll Call: McCandless, aye; Nary, aye; De Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion to extend for one year is approved. MOTION CARRIED: ALL AYES Item 9. Public Hearing; MI 02-012 Request for waiver of the requirement of tiling of the Rutledge Lateral by Pinnacle Engineers for Kent Mortensen. - 521 West Broadway Avenue: Corrie: Item Number 9. This is a Public Hearing, request for a waiver of the requirement of tiling the Rutledge Lateral by Pinnacle Engineers for Kent Mortensen, 521 West Broadway Avenue. At this time I will open the Public Hearing on the request and ask staffs comments first. Hawkins -Clark: Thank you, Mayor, Members of the Council. The brief history on this is that the applicant did submit for a Certificate of Zoning Compliance to the Planning and Zoning Department prior to submitting for their Building Permit. In that certificate our staff stated that they would be required to tile the Rutledge Lateral there on the south side of Broadway between their property and the railroad. That was per the ordinance. Meridian City Council Meeting January7, 2003 Page 12 of 44 After receiving that certificate, they are requesting a waiver from that ordinance. They do -- they made their case in their application to you. Staff reviewed it. We have given a few comments there in our January 3rd memo, discussed it with the Public Works staff as well. I think it kind of raises the question in some ways of the tiling in general, but given that the existing chain link fence does provide some protection from the lateral and there is -- it's a commercial, not a residential use. Also that the Nine Mile Creek is there on the south side just probably 10, 15 feet away, so should this be tiled, you still have the potential hazard of the Nine Mile, which is open and not tiled. Essentially, staff is in agreement with the request. We have not received anything submitted formal comment wise from Nampa -Meridian Irrigation District. I have not seen that. Maybe the applicant can talk to us about that tonight, but that would certainly be an important element to hear what Nampa -Meridian has said. Finally, I think the only other item on that Head Start is also working with the city on a new project just east of this site on Broadway. The Planning and Zoning Commission has looked at Head Start's Conditional Use Permit and has recommended approval and they have also said that Head Start -- they recommended that the waiver be granted to Head Start. You will be seeing that one later on this month, but I just wanted to give you a heads up that the Commission did recommend approval of the waiver in the case of Head Start just further to the east. That's all 1 have. Corrie: Thank you, Brad any questions of Council? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Brad, there is a letter from Nampa -Meridian dated December 17th, but they are only stating what our ordinance is, so it really is not a comment on their opinion, other than reiterating what we are already knew. I guess, Brad, do they leave that up to the city, then, if their statement is only kind of reiterating our own policy, it would still be up to us on the Variance? Hawkins -Clark: Yes. De Weerd: Okay. Thanks. Carrie: Is the representative here? If you'd 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? Boyle: It is. Corrie: Name and address, please. Boyle: Clint Boyle with Pinnacle Engineers, 12552 West Executive Drive in Boise, Idaho. Mayor, City Council Members, it's a pleasure to be in front of you on this new Meridian City Council Meeting January 7, 2003 Page 13 of 44 year with your first Public Hearing. Hopefully, it's not -- hopefully, it's not the last, nor one that requires serious thought. This particular project is a conversion of an existing - - or what used to be an existing residence. Kent Mortensen owns the System Clean Restoration business. They have purchased the site, renovated the existing home there, and converted it into offices for their business and they also have their carpet cleaning vans and vehicles that park on the site. As far as the Zoning Certificate, we did submit the Site Plan for the Zoning Certificate, which indicated a new -- essentially, what is a new garage that would house the vehicles, so they are not out in the wind, rain, et cetera. They can pop in them in the morning and not have to scrape frost off the windows or whatever it might be and just take off to the various sites that those vans service. With that Zoning Certificate came the requirement to tile the Rutledge Lateral and maybe I can just ask the Mayor and Council Members if they have copies of the pictures that were submitted with the application as well? I have got extra copies if you don't have those pictures but I think the picture at least show the existing conditions with the Rutledge Lateral. It's an open lateral that runs quite a distance in either direction from this property as an open lateral. Beyond the Rutledge, as the staff indicated, is a service road and, then, the Nine Mile Drain. All of the properties along Broadway that have the Rutledge Lateral adjacent to their south boundary lines have actually fenced further into their property and fenced out that Rutledge Lateral and that fence line, if you look at it, is consistent pretty much the entire length along those properties. Nary: Mr. Boyle, before you go further, the photos are on our laptops, but they are too dark for us to see, so if you have those, that would be great. Boyle: If I might submit these? What I submitted to the Council is one exhibit that has the site pictures along the Rutledge Lateral and, then, another one that has an aerial overview of that area where the lateral is located. if you look at Meridian's ordinance provisions -- and I think the staff has also indicated those in their staff report. Under Section 12-4-13, Subsection A, piping of ditches, it talks about the piping of ditches and laterals. It specifically mentions an area being subdivided. if you look at my narrative under that particular category, it says that, essentially, the ditches and laterals on either side of our property or touching the property adjacent to the area being subdivided will be covered and enclosed with tiling. Obviously, we are not subdividing, this is just, essentially, a small business user that's converting an existing home into a use that is more appropriate in the area. This entire area is zoned as industrial type users, I -L zoning. As far as the other provisions of the ordinance, it does indicate that the City Council can grant waivers on an individual basis when it's found that the public purpose isn't served and there isn't, essentially, safety issues. This particular project has a relatively small amount of frontage along the Rutledge Lateral, 102 feet of length that the Rutledge is actually adjacent to this site. If you were to actually walk the boundary of the project, when you were walking along the south boundary of the project, you would be in the water of the ditch. The ditch -- this isn't a situation where the ditch is even completely on the site, the property pins, if they were set, would actually be out in the water when there is water in the ditch. Not only is the length short, but also it is an open ditch for the majority of the lane. If this section were piped, there are various issues that would come up, one of them being maintenance from Nampa -Meridian Meridian City Council Meeting January 7, 2003 Page 14 of 44 Irrigation District. The issue there is they'd have an open ditch for several hundred feet either direction, with one small segment of 900 feet that's piped. In other words, while they are mucking out or cleaning out their ditch, all of a sudden they will hit a piped section where, you know, they have got to deal with whatever trash or whatever that may be on the grates, cleaning that out and, then, back into mucking out the ditch the remainder of the way. The other item that it brings up is with fencing issues. If it's piped, then, the applicant would want to extend his fence back into the extent of his property, because the other requirement from Meridian was that not only you pipe that lateral, but extend his landscaping all the way back to his property line by piping that lateral. Obviously, for maintenance reasons, he doesn't want landscaping on the other side of the fence we would have to move that fence. Then, Nampa -Meridian is dealing with mucking out a ditch, hitting a portion that's piped and fenced out and, then, back into the mucking the ditch out again, so we will call it cleaning the ditch out. The other point is just the sure fact that as individual properties along this convert and develop, it's fragmented with all these properties, -- different properties are going to convert to industrial uses at different times. Thereby it creates a problem just engineering wise on the pipe, because they will be coming in at different elevations, there is not going to be a coordinated pipe that you might get if you were dealing with a long stretch of ditch, as you may be with typical subdivisions. It creates some engineering issues as well in coordinating how that ditch will be piped along that entire length. I have outlined all those points in my letter and we agree with the staff comments that a waiver should be granted. We would respectfully request the Council grant the waiver and, hopefully, approve their first Public Hearing project. Thank you. Corrie: You want that all in one night? De Weerd: Didn't we see him the last meeting of the year, too? Bird: Yes. Boyle: You sure did. I didn't dress up quite as nice. I figured I would start the year off right and it's downhill from here, but at least I'm starting it on the right foot. Corrie: Very good. Thank you. Since this is a Public Hearing, is there anyone from the public that would like to issue testimony? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Buck: Yes, it is. Corrie: Thank you name and address, please. Buck: James Buck, 2895 South Slate Creek in Meridian. Ladies and gentlemen, I stand in support of this particular issue in the Variance for this tile. I don't see how the tile can be installed in small fragments, Number 1. 1 do have a financial interest in a small piece of property to the east. It's not the one mentioned earlier with Head Start. I don't know anything about that. My family has owned this particular property at 503 Meridian City Council Meeting January 7, 2003 Page 15 of 44 West Broadway since 1958. That property has all been residential through there, all that -- well, up until about 25 years ago when we had one commercial enterprise move in a couple of houses to the east. I know of any drownings that have ever happened in that particular ditch, but I can assure you that there is no patrol back there and that ditch certainly acts as a barrier, man-made, but very good barrier to theft and vandalism. There has been one bridge that I know of put across the ditch and that particular property owner has lost no small amount of personal property since he's done that and I'm afraid that if that whole ditch gets tiled in, that it's going to open up a lot of unwanted foot traffic that simply can't be patrolled. There is a lot of cover out there, a lot of fences to jump, things to hide behind. I think that, certainly, at this time the thing to do would be to keep that ditch open. I don't view it as a hazard for the public and there is no real public access to the roadway behind there. I believe that's all controlled by the Meridian -Nampa Irrigation, is it not? Yes so that's -- anybody back there is trespassing. I would invite any questions from any of you. Corrie: Any questions? Bird: I have none. Corrie: Okay. Very good. Thank you. Buck: Thank you, Mayor. Carrie: Is there anyone else from the public that would like to issue testimony? Okay. Hearing none, Council, any other questions that you want to ask on the Public Hearing? Okay. Then, I will entertain a motion to close the Public Hearing at this time. Nary: So moved. Bird: Second. Corrie: Excuse me. Motion has been made to close the Public Hearing any further discussion? All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Comments? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I have a question for Brad. In our Comprehensive Plan don't we have a goal that states that we want to keep some of our laterals and waterways open? Meridian City Council Meeting January 7, 2003 Page 16 of 44 Hawkins -Clark: Mr. Mayor, Councilwomen de Weerd, yes, we do and it's emphasized, of course, on the natural waterways more than the man-made ones, which, you know, the Rutledge is man-made. We didn't counter the ordinance in the Comprehensive Plan in that we didn't say, you know, let's keep the laterals and the canals that are man-made open. The emphasis is on the drains, you know, on the natural waterways, but that's really the main policy that I can think of in the Comp Plan that deals with these. De Weerd: But that is why we have the Variance for these? Hawkins -Clark: The waiver is built in for certain site-specific instances. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Get on my soapbox again. I have real concern when we start tiling all the ditches, because we lose all our aquifer, the water that goes down, that's the way we replenish our groundwater. The 37, 38 years I have lived in Meridian, I have seen our groundwater go down and as long as it isn't a safety issue, I certainly have no concerns about tiling ditches. In fact, I think we are better off, if there is no safety reason, to leave them open. Let's get some of the groundwater back down in there. That's my feeling and, like Brad said, our ordinance does address drain ditches and -- but I think you have some laterals like Rutledge and some of these that definitely -- if they are not a safety issue, I think we ought to leave them untiled myself. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Mayor, I think, as most everybody knows, I'm a pretty big stickler about these Variances and waivers. I think this is a circumstance where it makes more sense to leave this open than it does to close it. Actually, it creates a more attractive nuisance in closing it than it does in leaving it open. This is not an area -- I think Mr. Buck is absolutely right this is not an area that normally has any foot traffic at all. Having this closed, having it landscaped and having all the other things besides the problems Mr. Boyle raises, also provides more of an attraction for people to go there when we don't want people in that area anyway. I think it's one that probably makes a lot more sense to grant this Variance and waiver than it does to require that they tile it. Corrie: Any other comments? Okay. Hearing none, I will entertain a motion on the request. Bird: Mr. Mayor? sT@T i=T ,Pw0rall Meridian City Council Meeting January 7, 2003 Page 97 of 44 Bird: I would move that we approve the request for the waiver of the requirement of the tiling of the Rutledge Lateral by Pinnacle Engineers for Kent Mortensen at 521 West Broadway Avenue and for the attorney to draw up the proper papers. De Weerd: Second. Corrie: Okay. Motion and second to approve the request for waiver. Is there any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary? Nary: Mr. Nichols, is there enough from the testimony to -- for the findings or do you want anything more specific than the ordinance requirements for what we need to find? Nichols: Councilman Nary, Mayor, Members of the Council, I think there is sufficient issues with regard to practicality versus the rest of the ditch that's shown in the record. Also the issue of making the area unsafe, would actually create a place for people to hide in the the when the water wasn't in the ditch, makes it easy for trespassers to cross the ditch and onto adjoining properties. That's what 1 would use for findings. Nary: I was just looking at the ordinance to make sure you had enough. Fine thank you. Corrie: Okay any further discussion? Okay roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; De Weerd, aye; Bird, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 10. Public Hearing: 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: Carrie: Item Number 10, which is a Public Hearing for a Conditional Use Permit to open a retail shop for children's gently used clothing, toys, and et cetera, has been asked to be delayed until the 14th of January, which is next week. Is there anyone here that wanted to testify at this time that cannot come back? Okay. Let it be known that the Public Hearing will be -- I will continue the Public Hearing on Item Number 10 until the 14th, if the Council so desires I will entertain a motion. Bird: And you opened the Public Hearing? Meridian City Council Meeting January 7, 2003 Page 98 of 44 Corrie: I opened the Public Hearing, yes. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we continue the Public Hearing on CUP 02-033, the request for a Conditional Use Permit to open a retail shop for children's gently used clothing, toys, and et cetera, in an O -T zone for Johann and Rachael Kretzschmar at 124 East Pine Street to January 14, 2003. McCandless: Second. Corrie: Okay. The motion is to continue this Public Hearing until the January 14, 2003 any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no? Motion Carried. MOTION CARRIED: ALL AYES Item 11. Public Hearing: CUP 02-039. Request for a Conditional Use Permit for a Care Center for up to 30 mildly ill children, ages two to ten years, staffed by nurses and certified nurses assistants for Sniffles `n Sneezes Care Center by JC Anderson, Co. — 217 East Pine Avenue and portion of 834 East 2nd Street: Corrie: Item Number 11 is a Public Hearing. Request for a Conditional Use Permit for a child -- excuse me -- care center for up to 30 mildly ill children ages two to ten years, staffed by nurses and certified nurses assistants for Sniffles 'n Sneezes Care Center by JC Anderson, Co., 217 East Pine Avenue and portion of 834 East 2nd Street. Again, at this time I will open the Public Hearing and have the staff comments first. Hawkins -Clark: Thank you, Mayor, Members of the Council. The property of this application is at 217 East Pine Street, located there in the bold on the center of the screen. It is residential on the north. The Masonic Temple building is on this lot to the south. United Methodist Church is to the east and residential uses to the west. Here is an aerial photo that gives you a little sense of the conditions -- existing conditions out there. The site photo is here. As you can see, there is some landscaping. There are existing sidewalk, curb, and gutter around the building. It is -- the parking -Jot is paved. The building has some current tenants in it and, of course, the Sniffles 'n Sneezes Care Center is proposed as a new tenant. Here are some shots, again, just some different elevations of the building as it stands today. The proposed Site Plan is largely just as it's existing, 6,500 square foot building. They are proposing to use the sign that is currently out there on East Pine Street located here and the parking was reviewed by staff. They do have some parallel parking that is located here on the south. The Sanitary Service Company has also commented -- I think they are asking for a slight modification to give a little bit wider access into the trash enclosure area, but the layout Meridian City Council Meeting January 7, 2003 Page 19 of 44 here is what they are proposing in terms of a floor plan. Again, the request is for a day care to allow basically working parents an option to stay at home with their children when they are sick. It would be staffed by a nurse either an LPN or an RN for triage purposes and the primary care givers would be nursing assistants. They are requesting for, essentially, a childcare center up to 30 children between the ages of two and ten. The Planning and Zoning Commission did recommend approval. The one condition that they added, which in the recommendation that you should have, is hours of operation. They are proposing to be restricted from 6:00 A.M. until 8:00 P.M. Other than that, 1 think the only other thing I would add that's not in the P&Z recommendation is some of our standard childcare center conditions regarding obtaining licensing and submitting that evidence to the city. We would, essentially, treat this as a childcare center. Councilman Nary brought that up to me earlier today and I think that it's been viewed as a childcare center, but in terms of our proposed conditions, our standard conditions for childcare centers were not included there. I think we have a set of those that is typically added to childcare centers and we would just request those be included. That's all I have. Corrie: Thank you, Brad. Any questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, do those types of requirements require -- I notice that the Fire Department indicated that they have to be inspected as a day care center. Do those requirements you're talking about, do those include like having an outside area for the children or having some sort of -- I mean I have had sick children and they don't lay down all day, so I don't -- there is no playground, there is no nothing for this. Is that in those -- Hawkins-Clark: That's correct. That is not -- other than that there is a standard -- I believe it's -- that is used as a recommendation of the State Department of Health and Welfare that states a recommended area outside should be, you know, about one -- about 25 square foot per child. It's not a City Ordinance in terms of requiring them to have outside play areas. Nary: And I know we don't have day care licensing here in Meridian, but do we have in those standards about the number of children in the center or the number of workers there to care for them? Because we are talking potentially up to 30 children and there appears to be about three people staffing it at one time and that seems like a fairly large ratio to have one person per ten children. Hawkins -Clark: That ratio is set by the -- Nary: The state. Hawkins -Clark: -- by the state. Meridian City Council Meeting January 7, 2003 Page 20 of 44 Nary: Okay. Hawkins -Clark: Yes we don't have that in our local code either. Nary: All right. Thank you. Corrie: Any other questions? 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? Anderson: Yes, it is. Corrie: Name and address, please. Anderson: Jared Anderson. 623 East Woodbury Drive, Meridian, Idaho. Mr. Mayor, Council Members, address a couple of the questions that you just asked. There are state requirements for day care centers. There is state staffing requirements that, depending on the age, it's six children per one care giver for kids under 18 months old and 12 care givers per -- 12 children per one care giver from 18 months to five years old, and 18 children per care giver above that age. Since these are sick children, our maximum child -to -care -giver ratio is going to be seven and if they are two years old it's going to be five. I have that outlined in my guidelines for my facility, but you guys were not provided with those. The Idaho State Day Care Standards does not require an outside play area. Boise City does of 100 square feet for per child. We also looked at putting this in Boise and, actually, did get a waiver -- a Variance on that. You are correct, kids do not -- will not be lying down all day long. There will be activities indoors, but they will never be outside during their stay there. There is some play equipment inside, video games, TV's, DVD's, low activity type of play that we are proposing. The only other thing that I had in the Planning and Zoning meeting we agreed -- we didn't have any issues with any of the staffs conditions that were in the November 181h report. However, the SSC request for enlarging the trash enclosure, the owner of the property can certainly do that. He would prefer not to, because just below the trash enclosure there are two parking spots that would eliminate one of his parking spots. Currently, the site has only 23 parking spots. The area that's marked existing buildings for main, that area has offices -- some law offices and, then, upstairs it has a second floor that has four apartments. On this end of the building where we are going, to be located it's a single -story and with as much use as he has there, he would prefer not to eliminate one of the parking spots. He has proposed increasing the frequency of pickup, if'necessary and that's all I have. I will stand for any questions. Corrie: If he increases the pickup times, he will have to pay for the difference, because it will be a different -- Anderson: Yes. Corrie: Okay any questions from Council? Meridian City Council Meeting January7, 2003 Page 29 of 44 Bird: I have none. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Tell me again how many parking spaces. Anderson: Twenty-three. Nary: And I guess I'm curious, increasing the pickup time. It appears to me what the discussion was at the Planning and Zoning Commission was having adequate hours to make sure people -- it appears, at least, that the discussion at that point was pretty much -- initially, it was proposed that they would be done by 5:30, then, that was talked about at 6:00. Then, they gave you to 8:00 so it sounds like your expectation is that most of the pickup is still within about one hour. Anderson: When I was referring to pickup, I meant picking up the trash by -- Nary: Oh. I'm sorry. Anderson: -- SSC. Nary: The space for the -- I was talking about not losing the space and not have parking problems with the people getting picked up, all the kids getting picked up. I guess that was my concern. I misunderstood. Anderson: Okay. Nary: Mr. Mayor one other question, Mr. Anderson there isn't any problem with the P&Z requirement -- or what Mr. Hawkins -Clark was saying about adding all the conditions that the city normally has in regards to day cares and that they will comply with the state requirements for day cares and all those types of things? Anderson: I haven't seen a list of requirements that Meridian City has. I'm assuming that if they -- we were prepared to meet all the requirements that Boise City had .and the state, so I would not believe that there would be a problem. Nary: Thank you. Corrie: Thank you any other questions? Thank you. Brad. Hawkins -Clark: Just for clarification on that, I think if we just added one condition, that they meet all of the State Department of Health and Welfare Day Care Licensing requirements in terms of the square footage issues. You know, the worker licensing Meridian City Council Meeting January 7, 2003 Page 22 of 44 and, you know, background checks and those kinds of things are going to be a part of that, so I think mainly we just -- that was missing from the recommendation, so I think if we just include that one we will be covered. Anderson: We are required by state law to meet those anyway, so including them is no problem. Corrie: is there anyone from the public that would like to issue further testimony in this request? Okay. Hearing none, Council, any other questions you need to ask in the Public Hearing? Bird: I have none. Corrie: Okay. Then, hearing none, I will entertain a motion to close the Public Hearing on Item Number CUP 02-039. McCandless: So moved. Nary: Second. Corrie: Motion has been made to close the Public Hearing any further discussion? Hearing none, all those in favor say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Further discussion? Bird: Mr. Mayor? Corrie: Okay. Mr. Bird. Bird: I guess if we don't have any other discussion -- Corrie: It doesn't sound like it. Bird: We are not going to sit here and -- I would move that we approve CUP 02-039, the request for a Conditional Use Permit for a care center of up to 30 mildly ill children ages two to ten years old. Staffed by nurses and certified nurses assistants for Sniffles 'n Sneezes Care Center by JC Anderson Co., at 217 East Pine Avenue and portion of 834 East 2nd Street, Meridian, and to incorporate all staff comments and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision and Order. McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve the Conditional Use Permit by the motion any further discussion? Meridian City Council Meeting January 7, 2003 Page 23 of 44 Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, the Council did clarify whether they are going to allow as an alternative expanding the dumpster site in -- by having more frequent pickups as an alternative. Bird: I do agree with that, more pickups, instead of -- Corrie: Second agrees? McCandless: Agree. Corrie: Okay have those added to the motion any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Just to clarify, I assume, Mr. Bird, when you said to include all staff comments, that would be the Health and Welfare requirements and the day care requirements? Bird: Yes. Nary: Great. Corrie: Any further -- okay. Mr. Berg, roll call vote, please. Roll Call: McCandless, aye; Nary, aye; De Weerd, aye; Bird, aye. Corrie: All ayes motion carried for Conditional Use Permit is approved. MOTION CARRIED: ALL AYES Item 12. Public Hearing: MI 02-009 Request for adjustment of area of impact between the cities of Meridian and Boise in an RUT zone .dor Winston Moore by Winston Moore — northwest corner of North Eagle Road and East Ustick Road: Corrie: I hope I last through the night here. Item Number 12 is a Public Hearing. This is a request for an adjustment of the area of impact between the City of Meridian and Boise and an RUT zone for Winston Moore by Winston Moore, northwest corner of North Eagle Road and East Ustick Road. At this time I will open the Public Hearing and invite staffs comments first. Meridian City Council Meeting January 7, 2003 Page 24 of 44 Hawkins -Clark: Thank you, Mr. Mayor, Members of the Council. I believe that you have already discussed this in a joint meeting with the Ada County Commissioners, so I won't go into a lot of detail. You should be familiar with the property but we are talking about North Eagle Road North of Ustick on the west side of Eagle. The properties that are south are currently owned by W.H. Moore Company and the property that's in bold there on the north, it's approximately 12 acres, is the legal description area that we are specifically talking about tonight with this miscellaneous application. It is currently in Ada County. It's not been annexed by either Boise City or Meridian, but it is within Boise City's area of impact currently and, as stated by Jonathan Seel in his letter dated September 24th. The request for the area of impact modification was reviewed by Boise City and they have concluded that it was a reasonable request for them to release this property and for the City of Meridian to take it in. Essentially, this application is a requirement of the State Land Use Planning Act that requires the jurisdictions to formally adjust the area of impact boundary and so the Planning and Zoning Commission did recommend approval. We don't have any specific conditions for something like this. I think it's essentially a modification to the area of impact boundary that that change would be shown on COMPASS's maps and, obviously, other jurisdictions that are impacted. We do have, as you probably saw, a letter from the City Council from Mayor Corrie stating that the city has agreed to serve the property. 1 think at that point there was some discussion that it was including these 12 acres, even though it hadn't been formally changed. This is kind of finalizing and wrapping up this process of getting the area of impact line cleaned up. Thanks. Corrie: Okay. Thank you, Brad any questions from Council? Okay representative -- Mr. Seel. is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Seel: Yes, it is. Corrie: Name and address, please. Seel: Good evening, Mayor, Council Members. I think Brad has done a good job. I know we visited on the subject before, so I won't take a lot of your time, other than to say a couple things. As you recall, we have also agreed at the time it's appropriate, we will not fight the annexation, so we have agreed to that and sign that document. Also next Monday we are going in front of the City Council for Boise. Staff has told me at this point that there is no opposition to it, staff, from their position up front, but there is no indication that Boise is going to oppose it. I think at this point it's simply a movement of the area of impact. I think it will enhance the developmental as a project having it all within one city and that, obviously, is our intention so with that, I would be glad to answer any questions. I'm not sure I can add much more to it. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting January 7, 2003 Page 28 of 44 De Weerd: I think we have all asked as many as we can absolutely think of, so I hate to beat a dead horse, so -- Seel: Hope it will be a live one, Thank you very much. De Weerd: Thanks for you patience. Corrie: is there anyone else from the public that would like to issue testimony? Okay. Hearing none -- I don't believe there is any more questions that anybody needs to ask in the Public Hearing -- okay. 1 will entertain a motion to close the Public Hearing. De Weerd: So moved. McCandless: Second. Corrie: Motion has been made and seconded to close the Public Hearing on the request for adjustment on the impact area. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Carrie: Any further discussion? We have the pregnant pause, so, Mr. Bird, if you want to make the motion. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the request for the adjustment of the area of impact between the City of Meridian and Boise in the RUT zone for Winston Moore by Winston Moore. Northwest corner of North Eagle Road and East Ustick Road and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision and Order and to incorporate all staff comments. McCandless: Second. Corrie: Okay. Motion has been made and seconded for the request any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 13. Public Hearing: MI 02-011 Request to remove certain parcels in Dunbar Estates Subdivision from City of Meridian's area of impact for Packard) Meridian City Council Meeting January 7, 2003 Page 26 of 44 Estates Dev., LLC by Packard Estates Dev., LLC --- south of East Ustick Road and west of North Cloverdale Road: Corrie: I certainly appreciate everybody for sitting through all of this. I think that either one of two things that you're waiting for and maybe that or the election of officers and I think it's the next one on the agenda. This is going to be a Public Hearing, request to remove certain parcels in Dunbar Estates Subdivision by the City of Meridian's area of impact -- oh, from the City of Meridian's area of impact for Packard Estates by Packard Estates, south of East Ustick Road and west of North Cloverdale Road. At this time I will open the Public Hearing and invite staff comments first, Brad. Hawkins -Clark: Okay. Mr. Mayor, Members of the Council, the application before you is for 75.8 acres by Packard Estates Development. The property that is outlined on the screen is different than what were shown in the application that was submitted. This was brought up in the Planning and Zoning Commission Hearing. There is a one -acre parcel that is here on the northeast corner and the southwest, both of those were originally shown in the application and were included in the legal notice that were sent out. We did the 300 -foot mailing notice based on that, but it was -- that was cleaned up at the Planning and Zoning Commission, so we are not talking about those two parcels at the northeast and southwest. It is just this shaded area that's shown on the screen right now. The request is to be removed from the City of Meridian's area of imRact and be added into Boise City's area. The staff -- we did prepare a December 5t memo, which you should have in your packets, that gives a little bit more of a background and summary to some of those utility issues out there. The City of Boise is to the north of Ustick Road. Current city limits -- the City of Meridian has not annexed any property on the east side of Eagle Road, which is shown here on the left part of the screen. All of this property is currently Ada County. The majority of it you can see is some rural residential and other sections of land parcels that are just out there, that are designated various things in our Comprehensive Plan, mostly a mixed use in this area. The City of Boise does have the ability to sewer the property today, both down Ustick Road, as well as generally, I believe, it's down this street here that abuts the eastern boundary. The Public Works Department did do a little bit more research since the Planning and Zoning Commission Hearing and has stated that the South Slough project, the South Slough extension project is, as you know, well underway. It's determined that this property could be able to be served by the South Slough extension in the future. At your September 3rd meeting, the Council did briefly discuss this subject and, basically, just required that the applicant go through this miscellaneous application process and so that's why you're having it now as a formal application. The whole issue of whether to -- how to amend the area of impact boundary is talked about in State Code and, interestingly enough, it doesn't talk a whole lot about where sewer and waterfall into the picture, although that seems to be the driving factor for how these boundaries are set. It does -- it does state that there are three areas to look at when it comes to adjusting an area of impact, the trade area, geographic factors, and those areas that can reasonably be annexed in the future. Those are kind of the three areas that the State Statute doesn't really give more explanation on that, but I did kind of give a little narrative on that in that December memo. We, as staff, do feel that there is some reasonableness to Meridian City Council Meeting January 7, 2003 Page 27 of 44 annex into the City of Meridian in the future, although, it certainly can be argued that Boise City can annex it quicker, because they are contiguous today. Staff is recommending that it remain in Meridian's area. The Planning and Zoning Commission did recommend approval of the request to be removed and that's kind of where it stands right now so, unless you have any other questions, that's all I have. Corrie: Okay any questions from Council? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I think at one point we had asked in some of these parcels in question for our City Engineers to get together with the City of Boise and find out how they could best serve these areas that were in question. I am assuming, because of staffs recommendation of denial, it was decided through those meetings that it can be served in the City of Meridian and the decision was to recommend keeping it in our area of impact. Is that assumption correct? Smith: Mr. Mayor and Council Members, we did meet with Boise City Public Works Department and we did discuss the common boundary -- area of impact boundary between Boise and Meridian and this was one parcel that was part of that discussion. At the time of that discussion we weren't certain about the serviceability to Meridian. Boise did indicate at that meeting that they could serve this parcel. Subsequent to that meeting we have -- Brad Watson, our City Engineer, has submitted a map to Boise for their review of the entire boundary line between our two area of impacts and he has had conversation with one of their staff members in the Public Works Department since that time. That staff member indicated to him that he needed to get input from the Police and Fire Department concerning that boundary line adjustment, the entire length of that boundary line and at this point in time we have not heard back from Boise. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Gary, that would run the South Slough three-quarters of a mile -- I guess about three-quarters of a mile passed Eagle Road or pretty close to it, a piece of property is about a quarter mile off of Cloverdale Road. Smith: Councilman Bird, Mayor and Council, that -- where the arrow is on the screen right now is Eagle Road and Cloverdale is on the other side of the picture, which is a mile. The line that would serve this property would enter at approximately the half mile point from Eagle Road to the east, just about a half -- I guess it's about the mid section line going north and south also. Bird: We do have some wafter down there already to the funeral home right? Meridian City Council Meeting January 7, 2003 Page 28 of 44 Smith: Correct. We have water to the Summers Funeral Home. I think it's just -- right there. Is that -- 1 think that's the lot that Summers Funeral Home is on so we have it to the east side of that lot. Bird: Is that a big enough line -- is that a big enough system to do that subdivision or would you have to put a new one in for the subdivision? Smith: I can't say for certain, Councilman Bird. You know, typically, I guess on a development this size it could be a little iffy running a -- it's a 12 -inch line in Ustick Road, but in terms what the capacity -- fire flow capacity would be, by the time you got to the south boundary of this development I couldn't say for sure. Bird: And this is the line that's going out across Eagle and services the north 40 there and also run on out to -- is our plan right now to go out that far with the existing bid? Smith: With the sewer? Bird: Yes. Smith: No, sir, it's not. The sewer -- the sewer bid that we have -- the sewer contract that we have right now would extend the sewer under Eagle Road near where the South Slough crosses Eagle and it would end at that point under this present contract. Bird: That has to be completed next year, next spring? Smith: It should be completed by May of this year, end of May. Bird: Thank you, Gary. Corrie: Thank you, Gary any further questions? Okay the representative of Packard Estates, LLC. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Bowcuft: It is. Corrie: Name and address, please, for the record. Bowcuft: Becky Bowcutt, 1100 East Valli -Hi, Eagle. I'm representing the.. applicant in this matter. Just for the record, I did not prepare this application, nor did I submit this application. The applicant came to me after it was submitted and asked me if I would take a look at this parcel and listen to their argument on why they wanted to be out of the Meridian area of impact and be included in Boise's area of impact. Also they asked me to meet with Boise City Engineer John Johnson and go over what facilities Boise has in this general vicinity. I did that and it was with some reservation in the beginning that I took this, because, typically, I'm annexing into the City of Meridian, so I don't -- we don't do that many area of impact changes. I did agree to take it after further analysis Meridian City Council Meeting January 7, 2003 Page 29 of 44 and meetings that took place. This particular property that you see, it's around 70 acres, the applicant has purchased or is in the process of purchasing this parcel here and, then, the 20 acres out to Cloverdale Road and -- let me grab this little map. It's probably an easier -- just to kind of explain to you what you see here in yellow is what's within Meridian's area of impact. Here we have the quarter mile line and, then, what we have in gray is the 20 -acre parcel that lies within the City of Boise. Currently at this time the city limits of Boise are on the north side of Ustick Road at Heather Meadows and they are on the eastern boundary of this property, this Dawson Meadows, which was just paved the other day, was annexed and developed under the City of Boise. There is currently a 15 -inch sewer main -- Boise City sewer main that is approximately 14 feet deep in Ustick Road. It transitions to a 10 -inch as it goes eastward toward the intersection of Cloverdale. United Water also has a main in Ustick Road. Boise City has a lift station located in this cul-de-sac within Autumn Leaf and, then, they have sewer stubbed to this stub street here. This ziggy line you can see here basically represents the breaking point of this property. Approximately 37 acres would sewer, if it were to sewer to the City of Boise, would sewer to Ustick, the remainder of this property would sewer back into this stub street in Autumn Leaf and Boise City's Engineer John Johnson took the Boise City aerial map, the aerial photography map. Basically, based on the existing manholes, inverts and, then, also calculating for some turns and additional manholes, estimated that this could -- Boise City could service this property by gravity by going, obviously, in these two directions. It would not require any trunk line extensions it would not require a lift station. Those facilities exist. The applicant's engineer I have not worked with before and they did a preliminary analysis of Meridian's capability of sewering this with the South Slough Trunk. I want to go on the record, because at the Planning and Zoning Commission, we had the preliminary data and since they have double-checked their figures, looked at it and they did give us some bad information. This property can gravity sewer to the South Slough Trunk, if that South Slough Trunk were extended eastward. At the Planning and Zoning Commission, based on the applicant's engineer, they had determined that the use -- the trunk would also have to be extended in Ustick Road and the South Slough in order to service the property. But not -- no one trunk could service the whole property. The Planning and Zoning Commission did take that into consideration in making their determination, but the fact is that that is -- that data was not correct. The invert that they used was shallower than what the actual invert of that new sewer will be at Eagle Road and your staff cleared that up with the applicant's engineer. You guys do have the ability and the capacity to service this, so I want to make that perfectly clear for the record. Water is not in front of this site it's over there at the Summers Funeral Home, so water would have to be extended. One thing 1 talked about at the Planning and Zoning ,Commission and I think is important is area of impact boundaries are very difficult and in 1990 when the dispute between the City of Meridian and the City of Boise was taking place, I was an employee at Ada County Development Services, so we saw both sides of the conflict that took place at that time. I asked at one time -- and I was asked by other people why did we pick the quarter mile line west of the Cloverdale for that impact boundary. I was told by knowledgeable people, well, the City of Boise and the City of Meridian didn't want both their sewer mains and water mains running in the same arterials and so we picked this quarter mile. When we draw these lines we don't take into consideration Meridian City Council Meeting January 7, 2003 Page 30 of 44 contiguous properties, that ownerships may overlap, that houses may be built on that quarter mile line and we have had cases where we have had some people say their living room was in Boise and their bedrooms were in Meridian. We have to look at each one kind of individually and make a judgment call on what's the right thing to do. Luckily, over the past 12 years, the animosity that was about in the 1990s has gone and there is a very -- a very nice spirit, I believe, of cooperation between the two cities and these two cities are growing and growing rapidly. Each one has to, obviously, look out for it's own best interest and provide area for it to grow. I'd like to show you these aerial photos, because they do kind of give you a better insight, 1 think, as far as trying to, you know, make a -- in trying to make an informed decision. We had this flown just a couple weeks before the Planning and Zoning Commission Hearing, so these are accurate photos. As you can see, this is Cloverdale Road, this is Ustick, and you're looking north here. This is the Dawson Meadows, which I indicated was under construction and they just recently paved, so the city limits of Boise are here. Here is the Heather Meadows -- or Heather Glen Subdivision that's across the street with -- that's within Boise City limits here and the Boise City sewer and United Water that run across it. Then, I was talking about that stub street and, then, their lift station in this island at the cul-de-sac. This kind of gives you an idea of what's out there from that perspective. If we look at this drawing, we are looking eastward, this being Cloverdale and this being Ustick. As you can see the vastness of the City of Boise and as Boise grows and it approaches this one quarter mile line, as you can well see, with the exception of some parcels that have held out -- this is Cloverdale Nursery right here -- that development comes to an abrupt halt when it hits that quarter mile line. It's very obvious -- and, as you can see, all of this being developed here. This aerial photo gives you the perspective looking westward from the subject property. The subject property here being in red, Dawson Meadows, this is Ustick, Eagle Road, here is Fairview. As you can see, here is your core -- your city core and here are the patterns of development as far as residential development that have taken place. This is Summerfield Subdivision right here. Your city limits along this Ustick corridor, that's where they stop at this point in time on that eastern boundary right there. As you can see, when we look here in the northwesterly direction, obviously, my focus for almost three years now has been on north and west Meridian, you can see the vastness and the openness of that area. We have been concentrating on planning that and developing that particular area. I guess from my professional perspective, this particular parcel here, it makes sense that if Boise City limits do adjoin it, whereas Meridian, it's kind of leap frogging out, we are surrounded, as one other the thing, by rural estate lots that were done in the county over the years. We have them in this Perkins -- what is it, Perkins -Brown Subdivision. These are like -- I'm just having a heck of a time today with that thing. Perkins -Brown Subdivision, these are..like two, two and a half acre lots here. As you can see, the only way we could get the sewer -- there is a five -acre parcel here between us, the sewer, and any possibility of annexation. Typically, with these estate developments, acre lots, two -acre lots, they normally do not want to go into the city limits. They have got their septic, they got their well, they don't want higher taxes, and they usually don't come in willingly. I think Boise found that out when they started looking at the southwest area, they had to do forced annexation. In looking at the map, we try to determine, since we are bounded by rural estate lots on our southern boundary and on our western boundary, how long will it take and what is Meridian City Council Meeting January7, 2003 Page 39 of 44 the chance that we will be able to be annexed into the city, therefore, taking advantage of city services within the near future. Mr. Groves is trying to develop this property. If he cannot be within one jurisdiction, then, it is always difficult from a planning perspective to have one development, but be dealing with two different jurisdictions. This is residential. In your Comprehensive Plan it's designated medium density. Boise out in their Comprehensive Plan that adjoins us is low density residential. Unlike the Caven property that was on -- at the corner where we got a lot of comments from the Planning and Zoning Commission, because it was at the intersection of Eagle and Ustick, that that would be high dollar generator, highway commercial, the type of development that the City of Meridian needs and wants in the future. This, on the other hand, is going to be low density single-family detached residential. I don't think that those two can be compared. They are like apples and oranges. I know what I'm asking is difficult. The city has always been reluctant, but I think we need to take a look at what makes sense. When we have trunk lines and main lines that adjoin a particular property, they can be sewered by an adjoining city entity and the cost to extend that trunk line through this property. Plus excluding acquiring easements is estimated to be around 300,000 dollars. We have to look at, from a cost perspective, what is that doing to this property, the fact that it is within Meridian's area of impact. Do you have any questions? Corrie: Anyone have any question at this point? All right. Thank you, Becky. Bowcutt: Thank you. Corrie: We have some people here signed up on the Public Hearing sheet. Elvina Grant. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Grant: Yes, it is. Corrie: If you can kind of raise it up as high as you can and name and address, please. Grant: My name is Elvina Grant, at 2525 North Cloverdale, Boise, Idaho. Mr. Mayor and Council Members, my parents owned some this property since the 1930s and the rest since 1955, which my brother and I and our spouses now have. Our desire is to sell our properties in one lump sale to one party. Can the city provide city sewer, city utilities, sewer and water to the entire site without demanding an annexation of other landowners? Our farms are our retirement and the time has come for us, to start this process. Thank you. Corrie: Thank you. Any questions? Thank you. Jim and Irma Mittleider. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Cole: Yes, it is. Meridian City Council Meeting January7, 2003 Page 32 of 44 Corrie: Name and address, please. Cole: Susan Cole, 16660 Franklin Boulevard in Nampa. I am the daughter of Jim and Irma Mittleider. They own the little five -acre parcel at the southwest comer. We petitioned to the Planning and Zoning to have us excluded -- that property excluded, because my mom and dad do not wish to be part of Boise. However, we do want to state that we are for this development. They do want to see their neighbors be able to sell, be able to develop, and be able to grow in that area. Thank you. Corrie: Okay. Thank you. Virgil -- Virgil. Okay. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Smitchger: Well, I would kind of like this to stay in the Meridian property and keep Boise on the north side. They are on the north side now and nothing on the south side and they have come out here and they took all of -- Corrie: Pull the mike -- yes, just a little bit, so we can -- Smitchger: They have taken all of our schools and they haven't had to build a school. We got Centennial, we got Pioneer, and Ustick borders this property of mine and they could walk right out of the field and over to the school so I think we should leave it in Boise. Corrie: Meridian you mean? Smitchger: Meridian I mean. Corrie: Thank you. Smitchger: Thank you. Corrie: Thank you very much. Rosemary Wood. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Wood: Yes, it is. Corrie: Name and address, please. Wood: Mr. Mayor and City Council -- my name? Corrie: And address. Wood: Rosemary Wood 4036 East Granger in Meridian, Idaho. Corrie: Thank you. Meridian City Council Meeting January 7, 2003 Page 33 of 44 Wood: I am the wife of Archie Wood, who is the brother of Elvina Grant and the Grant - Wood family desires to sell our property to one developer, so that we can complete our retirement home -- plans. My husband is suffering from arthritis and may not be able to continue working for much longer. We wish to retain three acres of the land to live on throughout our retirement, but we have been informed that if we are not annexed into the municipality, this three -acre split will create an illegal split. We are concerned that should our property stay in the City of Meridian area of impact, we may never be able to be annexed without the city forcing landowners to the west of our property to annex also. This creates a potential hardship on our family. We wish only to retain three acres, in lieu of five, as one of our children is planning on building their home on part of our three acre parcel to accommodate their family, which includes a handicapped child with disabilities that will require our help and care. If our sale is remaining in the City of Meridian's impact area, can you guarantee us annexation, so that we do not create an illegal lot split? Thank you. Corrie: Thank you, Rosemary. is there anyone else that would like to issue testimony at this time? Yes, sir. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Stokes: Yes, it is. Corrie: Name and address, please. Stokes: Mark Stokes, 2870 Duane Drive, Meridian, Idaho. I'm here tonight to support the City of Meridian's staff recommendation, at least until we can answer some additional questions regarding this request. It's my understanding before I came here tonight that Mr. Smitchger's property would be basically stranded where this boundary is drawn. I would be curious how the city would handle that in the future, if that would forever be a stranded parcel that would remain in the county. That was one question 1 had. I also wanted to reiterate what was said before as far as the Planning and Zoning recommendation to approve this was based possibly on erroneous information that it wasn't possible, from an engineering standpoint, to provide services to this area. I was not able to attend that meeting myself in person at that time. My property is located to the west of this area and there are several other homeowners in the Perkins -Brown Subdivision that have expressed the same concern that this area -- the majority of all this area has historically been irrigated farmland. All of us are on wells and private septic systems and we are concerned that if this area does go into the City of Boise and serviced by them, is there much incentive for the City of Meridian to ever get out to us to provide those services. It was said before that we would probably be reluctant to go into the City of Meridian. When l purchased my property four years ago I was under the impression that we would become City of Meridian and I realize that as all this farm ground is taken out of production, there is a lot of people that will have to drill a deeper well in that area potentially, too. There is going to be some impacts to the people in that subdivision. I guess I'd like to see those questions kind of answered before this is acted on. Thank you. Meridian City Council Meeting January7, 2003 Page 34 of 44 Corrie: Any questions? Okay. Anyone else like to issue testimony? Yes, sir. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Dirkheimer: It is. Corrie: Name and address, please, for the record. Dirkheimer: Allan Dirkheimer, Ketchum, Idaho. I have got an interest in the property on the south end of the proposed development and to the west. There is a five -acre parcel and a 15 just north of that, that portion, and we have heard some emotional testimony about the development. It's always been my understanding that development proceeds in an orderly fashion and so when I purchased this property, I learned of the South Slough development -- or addition of -- the sewer project addition. I talked with staff people in engineering and learned how -- where it would terminate with the conclusion of the phase that is currently under construction and you can see the squiggly line that just proceeds west from the southern portion of my property to Eagle Road. I don't have a strong interest one way or another as far as the outcome of tonight's hearing, but in attending tonight, I understand that Planning and Zoning's determination was based upon erroneous information. This property lies within the area of impact of Meridian and that South Slough project is underway. It defies me to understand why the orderly process that was anticipated by city governments wouldn't be followed in determining the outcome of whether this would be released from Meridian impact and allowed to develop under Boise. Ultimately, your decision -- excuse me -- your decision will impact one way or another landowners such as myself, that, then, would become contiguous with Boise. Thank you. Corrie: Thank you. Anyone else 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? Groves: Yes, it is. Corrie: Name and address, please. Groves: Craig Groves, 3920 East Shady Glen Court in Ada County. Mayor, Members of the Council, I wanted to kind of clarify the testimony one more time that was given at the P&Z Hearing regarding my engineer's original estimates on the sewer. My original - - my engineer did an initial study for me early on. He took the data based on the City of Meridian's original master plan, okay. When he was verifying all this information with the City of Meridian, he was informed that the new depth in the new design crossing Eagle Road at the South Slough, it was going to be six feet deeper than what the original master plan showed, okay. In his defense, he just messed up, okay. Of course, you know, when that sewer line was actually built and stubbed across Eagle Road -- and we will have to verify that it's at that right location, but that's where the conflict is and I certainly hope that that doesn't create many issues for us. 1 think it's pretty clear that the property in question, you know, can be serviced by the City of Boise without the Meridian City Council Meeting January 7, 2003 Page 35 of 44 extension of any additional main water lines, without the additional extension of main sewer lines. If the property is to be developed into the City of Meridian, there are annexation issues, there are sewer trunk line issues, there are, -- there is a water issue. We are not convinced that the water line in Ustick Road will have -- or in -- yes, Ustick Road will service the entire parcel without looping it back somehow. I would certainly encourage you to consider our request. Thank you. Corrie: Anyone else? Okay. Developer, have any questions that have arisen in the testimony that you want to address? Bowcutt: One thing that was brought up was what the Planning and Zoning Commission -- their determination. I don't think their decision was made solely on the fact that the sewer -- we thought the sewer had to come from two directions. They were looking at all the factors and the factors do include that we do have estate lots around us. The sewer does not go on passed this property. The issue was brought up now -- so we would not be cutting it off, cutting the properties off from any sewer. The Smitchger parcel at the corner, there is another like two and a half acre parcel that adjoins them. The question arose by one of the residents along Duane what about those properties? If this parcel were given to Boise and Boise's impact line extended out, it would have to square up. You, obviously, you could not have an enclave that's not in anyone's impact area. At some point in time they would -- you know, they would be serviced -- obviously, they have got Boise City sewer and United Water right in front of their house, so they have a potential to abandon their septics, wells and hook on. The Duane Drive residents, I don't know how your Sewer Plan shows that they sewer. I assume they may go out to Ustick, if the trunk line were extended down Ustick. I don't know. That would be for your staff to determine. One of the problems we have -- and I have dealt with it in the southwest when I have done large developments in the Boise southwest area, when we have large estate lots, it's very expensive to go in and bring sewer and water into these -- those developments. Those assessments for extension of the sewer lines and water lines are typically paid by the residents and that was one of the controversies of the southwest, was it was very, very extensive. Some of those people I think were paying 5,000 -dollar assessments for sewer to be brought down their existing streets to service their acre lot. Those -- you know, that is a difficult question. I don't have all the answers and I think we have to, you know, focus on, you know, what makes sense and what's logical. I just ask that you take into consideration all the factors and make a determination. Thank you. Corrie: Thank you. Kenny, is that in our Fire District? Bowers: Mayor Corrie and City Council, that is in our Rural Fire Protection District. Corrie: Counsel, questions? Any questions on this? Anybody else want to have any -- okay. I will recommend that the Council close the Public Hearing, then, if there aren't any other questions. Nary: I'd move to close the Public Hearing. Meridian City Council Meeting January 7, 2003 Page 36 of 44 McCandless: Second. Corrie: Motion has been made and seconded to close the Public Hearing on this request any further discussion? All those in favor say aye. Opposed no? Motion is carried. MOTION CARRIED: ALL AYES Corrie: Comments? Discussions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And I don't really have an opinion on this yet. I wish to throw this out for the purpose of discussion. There are a couple of things that are concerning to me. One is that little piece on the northeast corner. Although they are not a part of this and have asked not to be a part of this request, essentially, if we granted it, they are going to be. It is our responsibility as a city with the area of impact to provide urban services within a time period and, at least from what our staff is telling us, that's what we can do. We are not required to provide an annexation path, we are required to provide service, and we can. I'm very torn in this one, because of the concerns about that northeast corner. I do agree also with Miss Bowcutt and Mr. Groves, there is a lot of this that makes sense it seems reasonable. A line was drawn in the sand 12 years ago for a variety of reasons and some of those reasons have changed. It's not an unreasonable request to, essentially, set our city limits back to the west of this property from where it is currently. That's not an unreasonable request on their part, but I am very concerned that the arguments that are made by this application are the same arguments that every other property along that boundary line can make. It's the same argument that can be made by every other property along the boundary line all the way north and south between Boise and Meridian and that's concerning to me. There are some reasons that people live on one side or the other and there are some obligations that the cities take in creating those sides. I guess my concern is that there is information -- and it may not have been the crucial factor. I have been looking at the minutes as we have been talking and it was a factor up for the Planning and Zoning Commission, I would agree, Miss Bowcutt, it wasn't the only factor, but it was a factor for them about the splitting of the sewer lines and it was something that at least was considered in their decision. I'm concerned that that decision may need to be revisited. I'm concerned about that northeast corner and basically abandoning that property as well, even though that's not what's being asked of us today and I'm concerned that simply redrawing these lines now, when our staff is telling us we can meet the legal requirements of our area of impact. That's what we are supposed to do so -- and there was some discussion. I didn't hear any of that tonight, about serviceability from where the soccer fields are. I guess they are at the bottom -- the bottom southwest there that there is the potential for serviceability through that area as well. I guess I'm real concerned, but I can see both Meridian City Council Meeting January 7, 2003 Page 37 of 44 sides here. Like I said, I don't really have an opinion at this point, but I just thought I'd throw that out for discussion. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I would agree with what Councilman Nary has said. You know, they both -- there are good arguments on both sides of it, but where does the eastern -- or the western progression of Boise stop, because of these situations? You know, there is a logical growth that Meridian wants to do from the inside out and is it just because Boise is already there that we should continue to lose our area of impact. I guess the corner on the -- the northeast corner of Ustick and Eagle that was told to the property owner long ago that we would turn that over. This is not the same issue. This can be serviced and it appears from what one of the property owners that owns those two parcels, the five -acre and, then, the parcel below that, can provide an annexation route to the piece of property on its southern west corner. There would be an annexation route to that without having to go through that -- the one or two acre lots. I would agree with Councilman Nary's assessment that, you know, we will be able to meet our obligation by annexing -- or by providing services. I guess Mr. Groves did raise a question on the water and I don't know if that's really been answered, if we can provide the water to that area or not. Gary, can you answer that? Smith: Mayor and Council, Councilwoman de Weerd, the extension of water to this property would be in Ustick Road from where it is at Summers Funeral Home right now. That's a 12 -inch diameter line. I testified early that I don't know whether it could provide enough service for fire flow protection to the property. That would have to be answered by running the demand for this size parcel through our computerized program of a water model, which we can certainly do that, but I just don't have an answer for you this evening. De Weerd: Okay so we know we can sewer it. Smith: Yes, ma'am. De Weerd: We are just not sure yet if we can water it. Smith: That's correct and we would have to have information on what is planned to be done there in terms density, the domestic demand, along with the fire flow demand. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: But there is no guarantee that United Water, with the existing lines they have got, can service this for fire flow either. I mean there are up to the north, they are going to Meridian City Council Meeting January7, 2003 Page 38 of 44 the north, they are coming across, but we don't know how big their line is or anything. They might have to put another well in, too. Smith: Mayor and Council, Councilman Bird, I understand that they have a main line in Ustick Road. I don't know the diameter of that line and I don't know what their ability is as far as supply. I'm assuming, and only assuming, that the rural developments adjacent to the property to the east, for example, off of Cloverdale Road, are lots that have individual water supply wells and I can't say for certain, but in order for them to loop a line out to Cloverdale to their main, they would have to come in on one of those access roads that is shown on that map on the screen, but, again, I can't say what their capacity is like there. Corrie: Okay any other -- no. It's closed. Sorry. Unless they want to open it back up. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would only say one thing to the Council and I'm kind of like Mr. Nary, I don't know which way to go, other than the fact that I hate to see the Smitchger's out there out in the wild blue wonder, they are either going to be Boise or not. If we allow this to go to Boise, they don't have any choice. We have got to make sure if we are going to do this that we are going to be ready to service -- to provide the services without annexation out here, because there is no way you're going to annex for a while. I know that's a touchy situation with some of the people. It doesn't bother me at all, but 1 know it does some of the people. I figure with sewer and water there, they are paying their way anyway so -- but you want to think about that. To deny it, keep them there, you got to run the services out there and you're going to have to service it and they are not going to be able to be annexed for years. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess this -- I don't know if this matters to the rest of the Council, but I'm looking at the minutes and Mr. Centers on the Planning and Zoning Commission makes a pretty lengthy statement here in the minutes -- it's on Page 26 of the minutes regarding this particular issue on the serviceability. It's clear to me in reading his statement here that, at least to him, he was -- the reason he was supportive of the recommendation to release this property was because it appeared that it was not serviceable by sewer by Meridian. From what we have heard tonight, that's not the case. That -- and, again, that's just one of the members of that Commission, but he's pretty emphatic here and that seems -- at least in reading this, that seemed to sway a lot of the other Commissioners as well, as to why it should be released, because it didn't appear to be clearly serviceable by Meridian at the time. I guess -- and if I don't get a second, that's fine. I think we will be -- 1 think the right thing we need to do is we need to remand this Meridian City Council Meeting January7, 2003 Page 39 of 44 back to the Planning and Zoning Commission and have them make a recommendation based on all the facts. That was what -- at least at the point where they are making a motion here in the minutes, that seemed to be a significant point to them. I recognize that ultimately is our decision, but I'm always concerned when there is that big a difference between what the staff recommends and what the Commission recommends. That the information on which that was based was simply just incomplete at the time and now that we have the complete information, I guess that would be my preference, if the Council wants to do that, or if we don't, that's fine. Bird: Was that a motion? Nary: I would move to remand this back to the Planning and Zoning Commission for further review of this recommendation and with the further information of serviceability of this property by Meridian sewer. Bird: I will second that. Corrie: Okay. Motion has been made and seconded. Further discussion? Bird: Mr. Mayor? Carrie: Mr. Bird. Bird: I don't know where their engineer got that, because I think it was five years ago that JUB did a complete area of sewer for us in our complete impact area. As I recall, other than out in the southwest, there was no lift stations at all, everything -- this sewered down -- this was a natural flow sewer system, if I remember right. It was that yellow book that they gave us, JUB so -- but reading through the minutes I agree with Councilman Nary, that I think that was probably one of the biggest items that made the Planning and Zoning go the way they did. I will be flat truthful if it was that way here it would make my mind up, too. I would have no problem doing it if we couldn't sewer it. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: If we remand this back to Planning and Zoning, we definitely need to have the answers to the water. Nary: I was going to amend my motion to include that. Bird: The water, too. You bet. Nary: The water issue, also to get some further classification on whether it's serviceable and what the current situation -- what the current lines are, as Mr. Smith had recommended. Meridian City Council Meeting January 7, 2003 Page 40 of 44 De Weerd: Mr. Mayor, I guess I would have one more comment and I would like our Fire Department and our Police Department to kind of take a critical look at this as well, with the buffer, the rural subdivision, that, you know, will not annex in, unless, you know, at some point they need the city services. That is kind of a natural buffer and it would be helpful to have your assessment on servicing should this go into a subdivision -- a residential subdivision, how that would impact their departments as well. Nary: And I would include that as part of the motion. Bird: That's no problem at all. Corrie: Any further discussion? We have a motion before us with a couple of additions that we have added, that, of course, the second has agreed to. Any further discussion? The motion is to remand this back to the Planning and Zoning, so they can understand that there is a possibility of sewer and water for this, so if you're ready, we will call the question, then, Mr. Berg, if you will. Roll Call: McCandless, aye; Nary, aye; De Weerd, aye; Bird, aye. Corrie: Okay. All ayes. This is going to be .deferred back to Planning and Zoning for a continued hearing with them, with the addition of the water and sewer -T excuse me. I'm sorry if you can't hear me -- notification on it. Okay. That doesn't close the door to everybody, but it gives us some ideas of what's going on, then. MOTION CARRIED: ALL AYES Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Berg, just to make sure that the folks know that we would re -notice this as a Public Hearing, so they would get notice again of when that's going to be heard by the Planning and Zoning Commission. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess it can also be noted that you can call the City Clerk's office and find out when that would be scheduled. Item 14. City Council Election of Officers: Carrie: It's also noticed in the papers as well, so make sure that -- thank you. All right. With that we have next on the agenda is the City Council election of officers, so are you ready to do that, Mr. Nary? Meridian City Council Meeting January 7, 2003 Page 41 of 44 Nary: Mr. Mayor, maybe I could do this in one fell swoop. I think we have had great leadership this last year, both from Council Member de Weerd and Council Member McCandless. I think it's the best year I have ever had on the Council, so I think -- but 1 think it's been excellent and I don't have any particular reason to want to change. What I was going to move, if I would get a second, is to re -- I guess, select Council Member de Weerd as Council president for the next year and Council Member McCandless as the vice-president for next year. Bird: I will second that. Corrie: Okay. Motion has been made and seconded any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. I don't get a vote, since that is not a tie, but -- all right. MOTION CARRIED: ALL AYES Corrie: Any -- I guess that's the last item on the agenda. Does anybody have anything other than -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I do have something and it come so quick I need to ask Brad a question here when he gets done on a -- it's regarding a development that's going in out at Crossroads, the last 11 acres at Crossroads. Are you familiar with it FC Corporation a medical facility or something? They need some temporary -- Hawkins-Clark: Oh, yes. I'm sorry. At Pine and Eagle? Bird: Yes. And there is something that -- that you told them that we -- that we as a Council -- because the ordinance isn't clear for temporaries or something, that we, as a Council, could do it. Their problem is they don't mind going through the CUP, but they don't have the time, as l understand. You probably know more about it than I do, Brad, from the way they talked. I tried to get a hold of you today, but I didn't get it done, so -- Hawkins-Clark: I have had two conversations over the phone with them. Bird: I told them that I'd talk with you here and see what the other Council thought. If the staff, as I understand, felt comfortable without having to go -- if the Council agreed to, without having to go through a CUP for temporaries, am I -- is he reading the staff right is what I'm asking. Hawkins -Clark: Well, it doesn't sound like it, because it's pretty clear in the ordinance to me that temporary trailers, except when they are used for construction -- Bird: Yes. Meridian City Council Meeting January 7, 2003 Page 42 of 44 Hawkins -Clark: --are prohibited. Bird: Okay. Hawkins -Clark: And so -- Bird: he was saying something about the staff but anyway -- it's something that maybe we could put on the Pre -Council for next week and discuss this, instead of doing it tonight. Corrie: Yes. I don't want to do it tonight. Bird: No, I don't want to -- Corrie: Until we have got some idea that -- we can do it at Pre -Council next week, if it's not a problem, but it wasn't on tonight and I don't want to get into any problems with it so we can put it on -- Bird: And if, maybe, Brad, you could write up your opinion. Hawkins -Clark: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: If Council wouldn't mind, since it is only 9:15, if we could call an Executive Session due to 94-67-2345, Item F, I did have -- give a heads up. We got a memo from our City Attorney. If -- it looks like our Pre -Council is getting full for next week as well. Nary: Second. Bird: You can always call an Executive Session don't let anybody ever tell you different. Corrie: What is it in reference to? De Weerd: If there is pending litigation. Corrie: Okay. We have got a motion made and second roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; De Weerd, aye; Bird, aye. Corrie: All ayes. MOTION CARRIED: ALL AYES Meridian City Council Meeting January 7, 2003 Page 43 of 44 (Enter Executive Session at 9:18 P.M.) (Come out at 9:32 P.M.) Corrie: I will entertain a motion to come out of the Executive Session. McCandless: So moved. Bird: Second. Corrie: All those in favor say aye. All ayes motion carried. Let the record show that no decisions were made at the Executive Session. MOTION CARRIED: ALL AYES Corrie: I will entertain a motion to — oh, yes comment. Berg: Excuse me, I'm sorry to bring this up but after I don't know a month and a half of trying to arrange a meeting dealing with the golf course issue, we've come up with a date that seems to have people in town and somewhat available for the meeting. That's the 27th of January it's a Monday evening. It's a little bit in advance, so if you can make things arrange but if that's okay with everybody we'll get that rolling. Corrie: We need to check with the attorney before we make a definite date so that he can check with her as well. Who have you been talking to? Berg: Well I've been talking to everybody but their side JoAnn Butler's coming back from Florida that day but she'll be here that night. The other ones were dealing with people going to some conferences and Ada County Commission Public Hearings and it was just a real mess. Corrie: Well you can set it if you want it we can set it (inaudible) for the 27th if we get everybody together. I don't know whether we can or not. Berg: It's almost three weeks. De Weerd: It works for me. Corrie: If they get their stuff together and if our attorney and theirs agree that it's a good time to meet. Berg: Okay 1 was trying to get some kind of a, not necessarily an agenda but what the purpose that they want to accomplish from the meeting and get that information right away so we can look at what we want to follow through on. I'm not sure if there are decisions, we're going to do other than just information gathering and lay issues on the Meridian City Council Meeting January7, 2003 Page 44 of 44 table. I don't know what outer things there might be but I'll talk to Mr. Nichols and Ms. Butler on those. Corrie: I don't see it would be a problem most everybody could be there the 27th they can look at it. De Weerd: Mr. Mayor. Carrie: Yes, Mrs. de Weerd. De Weerd: Are the Council and the Mayor all available to judge on the 18th Corrie: Yes. Okay thank you. Corrie: I'll supply the — De Weerd: Beer? Carrie: Tums, oh beers (inaudible). I was right at Tums because (inaudible). Okay do we have a motion to adjourn the meeting? De Weerd: So moved. Nary: Second. Corrie: Okay all in favor say aye. 9:35. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 9:35 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ATTESTED: / 12/ 1 "g DATE ILLIAM G. BERG, JFX, Item Packet Pickup MEETING ©ATE: ` -00S L (� ,(u January 17, 2003 MERIDIAN CITY COUNCIL MEETING January 21, 2003 APPLICANT ITEM NO. 3-6 REQUEST Approve minutes of January 7, 2003 Pre -Council Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. PRE -COUNCIL MEETING AGENDA Tuesday, January 7, 2003 at 6.00 p.m. City Council Chambers 1. Roll -call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Carrie 2. Adoption of the Agenda: 6:00 p.m. 3. Centennial High School Auditorium Presentation: by Paul Olson 6:05 p.m. 4. AspireOn Consultant Presentation on Employee Career Development Training Program: by Pauline Skeggs 6:10 p.m. 5. Update on Prosecuting Attorney Service: Table until January 14, 2003 6:15 p.m. 6. Sage Presentation: Take off Agenda -- place on another date 6:30 p.m. 7. Discussion of Centennial Celebration: Update 6:35 p.m. 8. Discussion of Request by St. Luke's Regional Medical Center to add two helipad sites at the Meridian facility: Amendment to CUP is needed -- Public Hearing at P & Z Commission and City Council 6:40 p.m. 9. Discussion of ACHD Right -of -Way Acquisition: Attorneys working on policy — letter to hold resolution 6:45 p.m. 10. Discussion of International Building Code Adoption: Discussed Meridian City Council Agenda — January 7, 2003 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. - Meridian City Pre -Council Meeting Janp,ary 7, 2003„ ,_. .,. , The Pre -Council Meeting of the Meridian City Council was called to order at 6:00 P.M. on Tuesday, January 7, 2003, by Mayor Robert Corrie. Members Present: Robert Corrie, Bill Nary, Keith Bird, and Cherie McCandless. Others Present: Gary Smith, Bill Nichols, Kenny Bowers, Pauline Skeggs, Brad Watson, Brad Hawkins -Clark, Stacy Kilchenmann, and Will Berg Item 1. Roll -call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: (Inaudible) Pre -Council Agenda and I want to keep on the time schedule here. I will open the Pre -Council Meeting on Tuesday, January 7, 2003 at 6:00 P.M. and would have the roll call attendance please Mr. Berg. Item 2. Adoption of the Agenda: Item 5. Update on Prosecuting Attorney Service: Item 6. Sage Presentation: Corrie: Okay Council the next item is the Adoption of the Agenda. Bird: Mr. Mayor. Carrie: Mr. Bird. Bird: 1 move that we adopt the agenda as published. Carrie: Okay. Nary: Second. Corrie: Okay motion been made and second to adopt the agenda as published. All those in favor say aye? MOTION CARRIED: ALL AYES De Weerd: Mr. Mayor. Corrie: Okay motions carried. Yes. De Weerd: Just a point of discussion before the vote. I had — the Sage Presentation needs to be tabled as well as 1 believe Number 5 has been asked to Meridian City Pre -Council Meeting January 7, 2003 Page 2 of 19 be tabled to next week. Sage T Mayor Nancolas from Caldwell could not make it tonight and he would like to be involved in that presentation so his secretary will be calling me back with an available date. They know we meet and this is not an issue apparently that has to have any immediate action back. Sorry for the last minute notice. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird. My motion would show that Item Number 5, the Update on Prosecuting Attorney Service has been asked to be table to next week and Item Number 5, the Sage Presentation asked to be tabled indefinitely. Corrie: Okay second agrees. Okay, we're having music here and everything. Any further discussion? Mr. Clerk. Berg: Mr. Mayor to clarify when were we tabling Sage Presentation? (Inaudible discussion amongst Council Members) Berg: So can we just eliminate it off the agenda and we'll just put it back it on. Bird: Tell the Mayor he's supposed to get a hold of the Mayor. Berg: Thank you. Corrie: Any further discussion. Hearing none, all those in favor of the change say aye. Opposed no, motions carried. MOTION CARRIED: ALL AYES Item 3. Centennial High School Auditorium Presentation: Corrie: Okay first on the agenda is the Centennial High School Auditorium Presentation. You normally have five minutes on it I'll give you six and seven minutes. Yes, all right good. Thank you. Olson: Mayor Corrie and Members of the City Council. In May of 2000 we began discussions with Parent Boost Organizations, the Meridian School District Administration and other local Arts Organizations to determine the interest level for the construction of a community Treasure Valley Performing Arts Center with supporting classrooms to be built on or adjacent to Centennial High School. Myself and other members of the West End Arts Council made and continue to make contacts in the Treasure Valley area. After achieving an enthusiastic and vocal response from all those involved the West End Arts Council moved forward to conduct a feasibility study to obtain specific details toward the design and funding of an auditorium and music drama complex. The Idaho Commission on the arts awarded us a matching grant to measure in (inaudible) for a community Meridian City Pre -Council Meeting January 7, 2003 Page 3 of 19 arts facility. Early in 2002, the West End Arts Council invited faculty, administration, and architects to tour existing auditoriums in similar size in regards to technical logistical and (inaudible) concerns. In the spring of 2002, we lobbied the Meridian High School District to include construction of an auditorium for Centennial High School on its September 2002 bond election. We succeeded in passing the bond, which included a 1,000 -seat auditorium much like the new auditorium would be at Mountain View High School coming up. We're now turning to public and private entities for gifts and grants to make this a 1,600 seat multiple use community performing arts center. Priorities include increased practice room, storage areas, a mechanical orchestra lift, full (inaudible) orchestral shell, additional stage and back stage areas, box office and dressing rooms. Two 300 -seat balconies would accommodate the extra seating. Hubble Architects have been awarded the contract and are eager to work the district, faculty and local performing arts groups in creating a superior community performing arts venue for the west end Meridian Eagle area. This drawing, this (inaudible) right here is not up at date but — Corrie: Would you -- excuse me Paul — take the mike there so we can keep you on and let the record show this is Paul Olson. Olson: The district would like to keep it on campus. We looked at six acres across the street owned by St. Luke's to do this project. We kept it and if the baseball field was right over to this side here on the left we would want to take out as little parking as possible and some about 30 feet of their grass then Centennial High School is over there if this is McMillan. It's kind of a long straight thing. This part would come up higher to accommodate the balconies and the street coming off McMillan and the parking lot would be some place where there would be areas to get in the auditorium from the back and the sides. The reason we are trying to upgrade this is not necessarily just for the students at Centennial but we would like to see the arts and culture come out to this end of town. Whereas Centennial is in no mans land when it looks like that I can remember talking to Mayor Corrie here like a year or so ago and saying could we get some help and the answer was we're not in the Meridian City limits but we're a Meridian School. I went to Eagle and said we're an Eagle phone number and they said well you're not in the purple. I went to the Mayor in Boise and talked to his people and said we are a school in your city limits will you help us with this project sorry you're in the Meridian School District. With all of those negatives, we decided to go ahead anyway and we got 5.4 million in the bond. that just passed in September for which we were very, very pleased. We have started the process of talking to the opera, the ballet, and the symphony that meet in the Arts Academy. They have been having some troubles with the Morrison Center and are looking for some other place to perform. It makes sense to us at least with Centennial here, just a five -mile circle and it could be six or seven that this would be a great place to have a really exceptional facility bigger than what we have now. Most of the high schools have 1,000 seats and we're thinking why build another one the same. Why not make it good enough for the opera to come and that would also be good enough for all our patrons for anything that we would want to bring in to do that. I've been talking to the ballet, the opera and the Phil Harmonic and we will be meeting with their, hope to meet with their patrons and Meridian City Pre -Council Meeting January 7, 2003 Page 4 of 19 see what kind of support they might want to chip in to make this community endeavor. That's it any questions. Corrie: Paul how much are you trying to get added that the 5.4 million on 1,000 seats to make it 1,600? Olson: If you go to this handout the new auditorium complex and find Page 5 and 6. Hubble gave us a breakdown with our feasibility study for 1,000, seats 1,300 seats and 1,600 seats. If you turn to Page 6 and you get to the bottom line you will see that their projections for 1,000 seat auditorium comparable to Mountain View was 5.4 million. The next column for 1,600 seats was 9.4 million. Right now, we're endeavoring to raise four million dollars. We are going to patrons and basically we just want to let people know what we're doing and if anybody knows some arts patrons out this direction that would be served by this other than just the Boise patrons that live up on the hill we would love to be able to talk to them about it. Corrie: Okay any other questions? Bird: I have none. Corrie: Council. Olson: All right thank you very much. Corrie: Thank you very much I appreciate it Paul. Item 4. AspireOn Consultant Presentation on Employee Career Development Training Program: Corrie: Next on the agenda is AspireOn Consultant Presentation on Employee Career Development Training Program. Are they here yet? Skeggs: No, I'm going over it Mayor. Corrie: Pardon me? Skeggs: I'm going to do the presentation. Corrie: Oh, you're going to do the — I'm sorry Pauline. Pauline — Skeggs: I know I'm short. Corrie: 1 was going to say would you stand but you are standing I'm sorry. Are you going to do it from over there? Skeggs: Yes, that's fine. Corrie: All right. Pauline you have the floor. Meridian City Pre -Council Meeting January 7, 2003 Page 5 of 19 Skeggs: Well Bill Nary asked me to go over the process for choosing the consultant for the Employee Career and Development Program. When we were working on the Strategic Plan, Challenge Number 3 was put in the major challenge section of the plan. This challenge was to develop and implement, a centralized management Employee Training and Development Program. The key strategies were to develop a process and forms to assess the knowledge, skills, and abilities of each employee to conduct a broad base training needs assessment within all departments. To determine citywide and departmental core competencies, to design a general training curriculum with core and special skill courses and to identify target and prioritize core competencies and technical skills required in each department. The major long-term goal of this project was to increase the overall knowledge skills and abilities of all employees, to increase internal efficiencies in all departments, increase availability and understanding of computer technology and training resources. Increase the level and quality of customer service and communication skills and to maintain a highly qualified workforce. In the HR, section of the Strategic Plan the cost for this project was estimated at 25 to 40,000. During the budget, process funds were put in the Mayor's budget for this project. I emalled HR Consultants who had worked with the city in the past to submit a request for proposal based on Challenge Number 3. The HR section that addresses citywide training and other departments needs assessment and training. A copy of Challenge 3, and all the training fisted in the Strategic Plan from each department was given to consultants to submit a proposal. Four consultants replied and submitted a proposal. They were The Future's Corporation, John Luthy, Organization Leadership Resources, Wade Larsen, DBPA, Bonnie Brazier, and AspireOn who has four project managers. The consultants presented the proposal to Department Heads on October 8th, Department Heads took a vote on which they wanted to work with, and AspireOn was chosen. I called several city and county references on AspireOn to see what type of recommendations I would get and they came in highly recommended. The maximum cost for this training is estimated not to exceed 34,115 however it actually could be less. By implementing this program, future savings to the city was estimated at 50 to 100,000 a year. This is due to new efficiencies and improved productivity that should occur after the project is completed. You should have all received a copy of AspireOn's proposal and it was also given to legal for review. Are there any questions? Corrie: Legal did you find anything out of the ordinary on that Bill? Nichols: Mr. Mayor I did not. I think it was fine. Corrie: Any specific questions Council to Pauline? Bird: No, I have none. Nary: No, I don't have a question. Corrie: No, okay are you asking anything specifically Pauline on this other than the vote of approval? Meridian City Pre -Council Meeting January 7, 2003 Page 6 of 19 Skeggs: Just a vote of approval I think because it has to go on a Consent Agenda. Bird: Yes it's on. I think it's on tonight. Corrie: Okay. Skeggs: Okay. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I just wanted to say I appreciated the effort followed by Pauline and the Department Heads in reviewing that and selecting this. I think we all felt that this was a necessary item for the benefit of the managers and the employees of the city. It looks to me like you've done the homework to really select a good group that should be able to put together a program that's going to be very beneficial. I think this is a good step forward. Corrie: I agree. I think a lot of work has gone into that. We've got the Department Heads to have our meetings with them and I think they will do us a very fine job. De Weerd: Mr. Mayor. Corrie: Yes Mrs. de Weerd. De Weerd: If we could, I know a couple of Council Members have asked for updates on the Park's and Planning and Zoning Director positions. Could we get a brief update since we have Pauline here? Corrie: Okay well do you want to tell them Pauline before we discuss — Skeggs: Well we had the position for Park's Director closed. We had 33 applicants that had applied. Out of the 33 applicants, we had six that were qualified. I had submitted copies of the applications to the Park's Superintendent, Recreation Superintendent and the Mayor to review and they all came back and felt that they were all qualified. The next step is to actually — I put together general questions and management questions but I've also asked Elroy and Lisa to give me some job specific questions that they want to go on for the Oral Board. Tomorrow I'll actually be sending out the applications to — well I've got it here for Keith a copy of those but to the other two. There is supposed to be two Park's Commissioners on the Oral Board as well so they'll get those and we'll ask if they have any specific questions that they want to add to the interview process. I'm hoping to get that done by the end of the week and have those already set up for interviews. I just need to get everybody's schedule and coordinate it. As far as the P&Z Director, we have sent out advertisements for Meridian City Pre -Council Meeting January 7, 2003 Page 7 of 19 Idaho Statesman, and the local newspaper. We've done surrounding states, Montana, Washington, and Oregon. We've done it in professional organizations, we've run it through all the colleges, and to date we have only received four applicants for that position. The position we extended the deadline it closes on the 17th. I've actually asked Brad to give us additional resources that we could go to put in advertisement. We're actually -- Association of Idaho Cities newsletter goes out and closes this week so we've got that ad going out in there too as well. We just haven't gotten the applicant poll yet for those positions and I'm not really sure why. Corrie: That's a difficult one (inaudible) run into right now. I have some good ideas (inaudible) on the people what they want to do. Skeggs: Yes. Corrie: Okay any further questions of Pauline on that? Skeggs: And you know Bill Nary had recommended to me and I'll contact the director for P&Z at Boise and see maybe if they have some other resources that they've utilized in the past where we could advertise in. I'll contact them. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: What kind of response did we get when we had the Planner II opening? Skeggs: We had received applicants for that position several to make the decision. Brad could actually — how many did you end up interviewing for that position do you remember? Hawkins -Clark: Five. Skeggs: Five but we had several applicants that had applied for it. The P&Z Director is a higher-level position. De Weerd: Thank you. Corrie: Thank you Pauline. Item 5. Update on Prosecuting Attorney Service: Item 6. Sage Presentation: Corrie: Okay five and six has been taken care of. Item 7. Discussion of Centennial Celebration: Meridian City Pre -Council Meeting January 7, 2003 Page 8 of 19 Corrie: Discussion of the Centennial Celebration. Okay Mrs. de Weerd. De Weerd: That's all right. Corrie: Go ahead. De Weerd: When we discussed this during the budget time, we put Will in charge. I know he's been talking with Lila and maybe Will can give us an overview where they're at and kind of some of their preliminary discussions. Berg: Thank you Mr. Mayor, Members of the Council and Council President de Weerd thank you for this. I've talked to Lila Hill. Since she had surgery this Fall she's been trying to recover from that and doing some other activities but we've had several discussions concerning what we might want to do. In fact I have a — I guess I'm on the agenda for the Historical Society this Thursday night to ask them some ideas or what they would like to see. After the article in the Statesman, I guess there are probably some more concerns. My understanding the instructions from you to me was to get some ideas and bring them back to you for you to determine what we may want to do, not giving me the free will to spend 20,000 dollars. That's what we're doing. We're trying to get some ideas and there maybe some things that we come up with that may be something that the city may want to --- it may be here forever and ever I mean who knows. There's going to try to be some ideas of what activities we may want to do or what monument we might want to build 1 don't know just some things thrown out. There's been discussions about maybe putting banners on the streetlights that we have for Christmas but put a banner that's there year round. That might be something to think about but to have it in some kind of value that we did at it at our Centennial. There might be something that we may want to do at the Generations Plaza. I've talked to Elroy to see if he has any ideas since it's kind of a historical plaza. There haven't been any conclusions we're just trying to get some information or what people may think would be a good idea. I'm not saying that they may be anything like what the other celebration was but you never know. That's my brief update. Corrie: Just the Council's -- I was interviewed by Kevin Richards with the editorial page of the daily paper from Boise. We had a fairly good discussion. I gathered that he wasn't too crazy about having Meridian celebrate a second 100 - year anniversary 10 years later by some of the questions that he asked me. I did tell him that I probably thought that the citizens had a certain right so to speak to celebrate if they like. They are very dedicated people in Meridian and very proud of the city. I did say that 1 didn't think that probably we would spend the money that was dedicated at the time of 20,000 dollars. I didn't speak for the Council 1 did it for myself and 1 didn't think it was necessary to spend that much on a second birthday within 10 years. That's what I wanted to make sure that you all knew that I did have a conversation with him and that was what our conversation was. I thought he was fairly very decent about the comments that were made and that he could have blasted us upside down one down the other but he didn't and I did call him back and thanked him for that. Anyway, any ideas till we get back from the Historical Society? Meridian City Pre -Council Meeting January 7, 2003 Page 9 of 19 Bird: Mr. Mayor I also as you know was interviewed by Kevin on that too. I expressed what we did 10 years ago was I think the city wound up paying about 4500 dollars on that whole year deal. Of course, back then 4,500 dollars was about like 20,000 today. I told him and I firmly believe that I belive that what the citizens would want is a celebration. I have no problems with that another 10 years. This is a celebration of the incorporation of us as a city. I think they will dictate it but I think it will be just like the one in 93 when people step forward and did it without any cost to the city. I think he'll see organizations come forward. Your chili feed was started by this the last celebration. I agree with the Mayor, we'll see what Will comes back with the Historical Society. I'm sure they've got some good ideas. Kevin did a very nice job on that he was very nice about it. De Weerd: Mr. Mayor, Corrie: Mrs. de Weerd. De Weerd: I guess it might help Will in getting some of the feelings of the other Council Members on what their thoughts before he goes to the Historical Society so he can kind of set some parameters or give some ideas of what the city's feelings are. I am a citizen advisor on the Senior Center Board and they want to re -introduce their cherry pie option. They were talking about doing it sometime this winter and I suggested that maybe the Centennial might be something that brings the history of the community back. Since the cherry pie option was something that they did in the past years that maybe they want to think about doing it and making it a number of small events that make up a celebration of the birthday. They're talking about doing that on the day of and would like to have that included in your conversations Will with the Historical Society. I really think that to recognize it with the banners that's a nice idea and it's something that will dress up the city and kind of serve two purposes that I think was brought out also in the editorial that you know there should be some value and a face lift in Old Town is certainly that. Also, I think that the lots that we just gained next to the old police station, it's just across the street from where they had a gazebo where they did the community gatherings and the old farmer's market. That sort of thing where the Mason Lodge is and so there might be a possibility for consideration of something in that regard too. Just a couple of my ideas. Berg: Excuse me Mr. Mayor just another comment. August 1" is a Friday and that's usually the first Friday August is the salmon barbeque so we're going to talk to them about incorporating some of those functions for that weekend which that could be kicked off with some things incorporating the salmon barbeque. That could be a full week or a weekend or something of that nature but there are a couple of events that already exist and that we could compound or enhance. Corrie: There's some things, you know you can have again like Tammy was saying have it right there in Storey Park because you have a lot of people down there anyway. Those are some ideas any other Council thoughts? McCandless: Mr. Mayor. Meridian City Pre -Council Meeting January 7, 2003 Page 10 of 19 Corrie: Mrs. McCandless. McCandless: I think that some of the ideas that have been stated here are good because they incorporate the organizations around the city to do their own thing so to speak in celebration. 1 would be against using 20,000 dollars in this day in age for something like that of the city's money. I think we could put it better use elsewhere. De Weerd: I agree. Corrie: And I think Mr. Berg has a good handle on it too. I think a lot of people will get together and you will be surprised what you can do for nothing and it's volunteered. Bird: That's right. Corrie: Right, Mr. Editor. Good and Mr. Statesman there I think that we got some good ideas rolling here. I think some people would like to help in this and we're going to find out. Okay, good ideas I like that. Any other discussion on the Centennial Celebration coming up in August. Okay, very good. Item 8. Discussion of Request by St. Luke's Regional Medical Center to add two helipad sites at the Meridian facility: Corrie: Discussion of Request by St. Luke's Regional Medical Center to add two helipad sites at the Meridian facility. Brad you might want to address this. That wasn't in their CUP to have helipads but I think it would behoove us to think about that because if that's going to be a pretty good size hospital we will have some emergencies coming in there so I will let you have the floor. Hawkins -Clark: Okay thank you Mayor. Yes, just to emphasize the reason that this was placed on there as my memo said in your packets the Development Agreement that was attached to the Annexation Ordinance for St. Luke's did list certain permitted uses. The helipads were not one of them. They did in their Conditional Use Permit conceptually state that it probably would be coming. Essentially, this has kind of fallen into a gray area. I think staff is leaning towards the Conditional Use Permit essentially, a modification. We've just had preliminary conversations with the hospital's representative and mainly they just want to know what process the city is looking for to send them through. They are, according to the representative, not opposed to going through the Conditional Use Permit. They don't have that kind of a time crunch. That was not the reason that they asked if they would have to modify the CU it wasn't that they are trying to get these constructed immediately. I was mainly wanting to get the Council's feedback as to whether or not you felt the modification for — before the P&Z Commission as well as this body would be necessary for that. There are two pad sites involved. Corrie: Where are those pad sites going to be proposed to be located? Meridian City Pre -Council Meeting January 7, 2003 Page 11 of 19 Hawkins -Clark: They are conceptually right now in the southwest — I'm sorry southeast corner of St. Luke's property near the Touchmark boundary and near I- 84 in that corner. Corrie: Council discussion. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess it's as far away from the Montevue residents as it can possibly go? I believe and I don't recall I thought that that came up in testimony that the residents were very concerned about a helipad. This is significant enough that I think it would require a CUP and give the public an opportunity to comment especially, the neighboring residential areas. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I guess I would agree with that as well. It sounds like it's as far away from Montevue but it's right next to Touchmark and there are people that are going to be living there too. With the helipad sites, it isn't just the noise that's always the concern it's the lights and everything else that goes around them that can also be very disturbing. When St. AI's put those helipad sites in on the ground ones not the building ones they ended up having to move all those by that property, move those property owners out of there because of those — they have (inaudible) in there and such. They didn't have the space in order to have a compatibility with this (inaudible) so I think we would have to do an amendment to the Conditional Use that we have to have it heard by P&Z as well as us. Corrie: And they may even want to put it on the roof eventually too so I don't know. I don't know whether they will be able to do that (inaudible) there's a lot of steel there. Hawkins -Clark: Great, well we'll proceed with the process and the notifications for the public will all be made then as a normal Conditional Use would occur. Thanks. Item 9. Discussion of ACHD Right -of -Way Acquisition: Corrie: The next item is discussion of ACHD Right -of -Way Acquisition. One of the things -- Gary did you have that on there or want that? Smith: Well Mr. Mayor and Council Members I did provide an email to you Mayor about a meeting that Dave McKinnon from Planning and Zoning and I attended at the Highway District where this proposed resolution for right of way acquisition was discussed by their Development Services Department. Of course following Meridian City Pre -Council Meeting January 7, 2003 Page 12 of 19 that you had a meeting with the Highway District Commissioners and this item was on their agenda. I guess the concern has been that your staff felt was to have adequate right of way available for future development of the roadways to provide the needed vehicular capacities without incurring a major expense in acquiring that right of way. As I understand it they have, in talking to Brad Hawkins -Clark this afternoon the Highway District has said that they can build a three -lane roadway within an existing 50 -foot right of way that they claim on most section line roads providing that the sidewalks are located on private property and an easement. I guess that then becomes the question as far as the development community is concerned. In reality as I understand it the maintenance of sidewalks is left up to the property owners that front the sidewalk if they are to be replaced or as they are be required to be maintained. The ability of the Highway District to acquire additional right of way with impact funds, impact fees is as I understand it to be limited to projects that are within their Capital Improvement Plan or their five year work program. Outside of that then I haven't read this resolution so I don't know specifically what it says but I guess outside of that there needs to be some vehicle to be able to obtain the right of way, obtain the land for future expansion of the roadway system. I guess that's the only comments I would have Mayor. Corrie: And I think we are having an attorneys meeting on this as well to see what can and can't do and what we might do is that correct Bill? Nichols: Mr. Mayor, Members of the Council after yesterdays meeting I talked with the ACHD General Council, Steve Price. He indicates they're looking on an exactions policy which will be done he estimated in two to three weeks. At least the draft of it and when that's done then it will be appropriate to sit down and visit with regard to that policy. We're a bit down the road but the discussion has begun to try to preserve these corridors. Corrie: Any comments from Council or discussion? Hawkins -Clark: Mr. Mayor. Corrie: Yes. Hawkins -Clark: Could I just add one with the others? We do have I mentioned to Mr. Nichols a couple days ago. We do have several approved subdivisions that ACHD has approached them and said, oh, by the way, even though we said we were going to buy your right of way now we are not going to be able to buy your right of way. Just to let you know, we are working on identifying which corridors those are on primarily McMillan and Ten Mile. Which of the subdivisions that you've already approved that we may need to go back and figure out how we're going to sort of amend our findings and maybe amend the plats even to accommodate these projects that are already approved. We kind of have two different things going on. One is the projects the plats that have already been approved that are affected then of course, the other element is the up and coming subdivisions and how we're going to condition those. I just wanted to make you aware that that's being worked on too. r Meridian City Pre -Council Meeting January 7, 2003 Page 13 of 19 De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: In response to that Brad, I think the condition that we put in there and this is tied to policies that come out of the North Meridian Planning Area. That as the conversation went yesterday we really need to force people to sit down at the table and find a solution to this that maybe what comes of those conversations can help affect that in regards to maintaining what they would need to give and give it. Hopefully, that's the direction it will go but I think it will be dictated by some of the information that the two attorneys find out as to what direction we can go with it. Maybe or maybe not those plats will have to be amended. I'm hoping they don't that we can still keep that same right of way that the developers will be willing to work with us. Unfortunately we do put in that condition that whatever is adopted within the North Meridian Planning Area that those policies will be participated in by the subdivisions that we have been approving. Hopefully, that's something we can fall back on. Corrie: (Inaudible). I really do. I think it's a situation where it's a win, win for both the city — or actually (inaudible) ACHD, city and the developer and that's going to be to everybody's advantage rather than a win, lose, lose. Okay, anything else? Yes, Mr. Berg. Berg: Thank you Mr. Mayor. Reading Gary's email memo it talked about this was going to be continued to their — Commissioners January 8t' meeting and voted on. Was there any feeling that that was going to be tabled or not dealt with until after the attorneys — I mean for me it was but I don't know if that's the case where if we needed representation again or letter to the Commission dealing with this Public Hearing that's continued to the 8th. I just wouldn't want it to slip by and not have a comment from the city. Corrie: Well we could send them a letter that we did have a meeting tonight and we concurred with what they said. The attorneys are meeting (inaudible) Gary has said if the Council likes we could — I can get with Gary and we can get a letter to them by tomorrow or no later than Thursday. If that's all right with you Gary maybe, we could get together. Okay if the Council wants — so we can at least put this up in a package to them so they know what we're doing.. I think it was pretty well settled there yesterday but we want to make sure that that it is. Okay, thank you. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I agree wholeheartedly with you. I think it was that they got our joust of how we felt on it. I don't think any entity ought to be any resolution passing regarding this until the attorney comes back because there's one heck of a lot of questions that I've got regarding that. Are we double dipping, who is responsible Meridian City Pre -Council Meeting January7, 2003 Page 14 of 19 for the land if it's donated to Meridian is it our land, how do we give it to ACHD and that stuff? I think a letter would be very appropriate from you Mayor telling them that if they want to pass it don't count on us on passing ours. Corrie: Yes Gary if we could get together maybe tomorrow, work on that one, and get it (inaudible). Item 10. Discussion of International Building Code Adoption: Corrie: Okay the next item is the discussion of International Building Code Adoption. Gary and Daunt. Smith: Thank you Mr. Mayor. Our Building Official, Daunt Whitman is here this evening to say a few words to you about the differences, some of the major differences as he sees them between the Uniform Building Code and the International Codes. I did provide to you some information that Daunt had received in a training seminar that he attended that was given specifically to outline the differences between the two codes answer questions et cetera. There is quite a bit of reading material there to go through and didn't mean to overwhelm you but I did want you to be .aware of it and be able to at least leap through it and see if there was anything that caught your attention that you might be interested in asking about specifically. I guess this time I'll just turn it over to Daunt and let him address you with some of the things that he sees are major differences between the two codes. I think as he's outlined to me, there are some positive aspects to this code change as well as some of the concerns that you may have about or that you have heard about. Daunt I'll let you, if you want to sit here I guess if that's alright Mayor and Council or you want the podium up there? Corrie: That's fine which ever. Whitman: Mr. Mayor and Members of the Council. A lot of the code change has come about. It's complying three codes and turning it into one code that will be used throughout the nation and throughout — it's an international code. The intent is to try and make things more consistent throughout our nation so that someone that's taking an architecture course of study can learn one code and use it throughout the nation instead of going back east from the west and having to learn two different codes that they've never seen before. This being the first of the code changes it's going to — there are going to be some bugs in it that need to be worked out. Actually, it being the 2000 Code we've already been told some of the changes that will take place in the 2003. As an example of residential they're allowed in the 2000 Residential Code to use half-inch sheet rock in the garage living space separation. The 2003 Code goes back to the five eights Fire Code sheet rock that we've been using in the Uniform Building Code. Our intent is not to make that change to just be consistent with what has happened rather than bouncing contractors back and forth. Commercially the codes have given quite a bit of latitude to types of construction and travel distances. When a building is fire sprinkled they're recognizing how much that has improved the safety factor in a building and it's lessened some of the requirements in the Meridian City Pre -Council Meeting January 7, 2003 Page 15 of 19 corridors in those fire sprinkled buildings realizing that once people get to a corridor it's typically a short trip from there to exit the building. Like any change there's some, positive and there is some negative. Most of it's a matter of just adjusting to it and making it work for us. I would be glad to answer any questions I can. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess I appreciated Gary's memo that pointed out that the BCA had endorsed this. I also noted in our Association of Idaho Cities that they lobbied for it and endorsed it as well. I think there is a great advantage of having Uniform Codes even throughout our own valley. Daunt are there changes that either Boise or Nampa, any of the surrounding cities that have done to further expand some of these policies or that have changed it that we should consider to try and have uniformity throughout the valley or have they adopted completely and not made any changes? Whitman: Some of the changes that have been adopted as an example Boise is going to allow the half inch sheet rock in the garage through some of their notes, and their memos they have sent out. Nampa, Canyon County, they are looking at lets try to just keep it consistent instead of the bouncing back and forth so I'm going to be a little surprised if Boise doesn't eventually actually look at it and say well, everyone else is already doing it. There again, sometimes the contractors will take it upon themselves to say you know we're not going to try to guess where we are, we're just going to do what we know will work. If they put five- eighths rock Boise City's not going to reject it. It's a little higher level of protection so they'll allow it. I can't think of anything specifically that Boise may have adopted differently that is more restrictive. Some of the City of Nampa's changes have been -- one of the concerns was in changing the way we're viewing guardrails. They were looking at allowing the use of some ornamental guardrail that IBC does not allow. They're pretty much minor changes. No, matter what we do to try to make things uniform — ***End Of Side One*** Whitman: -- (inaudible) they want their own input and we're all going to.. interpret things a little bit differently. We'll try to be as consistent as possible but it will never be completely uniform. De Weerd: Thank you. Bird. Mr. Mayor. Corrie: Mr. Bird. Bird: And Daunt I think you hit upon what the architects and the builders has the most problem with is not being consistent from entity to entity. The IBCO in Meridian City Are -Council Meeting January 7, 2003 Page 16 of 19 otherwards you're telling me that Boise adopted this whole with a half inch sheet rock where Canyon County decided to stay with UBC 97', 98' whichever one they were under (inaudible) the five eighths sheet rock. You know nobody's ever going to keep — if you over inspect or install nobody's going to say a word so the five eighths would do. I was sold on this thing and that this was an International Building Code that everybody was going to adopt and use. You're telling me that it's going to be open. You might have UBC 97', 98' and 99' interpreted or you might have ICO interpreted. Whitman: Mr. Bird the — well basically, the state has required that we adopt these codes. Regardless of whether we adopt it — I mean we could adopt them word for word but that's not going to mean that all other jurisdictions will. Typically, it means that this is a guideline we need to follow. We can do our local amendments, if the City of Meridian chose to, we could say well you don't need to sheet rock the garage if that was our choice. I can appreciate the confusion that the designers are up against and yet we don't want things to — we don't want them to have to design everything to the most restrictive situation in all situations and end with something that's put the cost out of reach. Bird: You just made a statement for why we shouldn't have IBCO. Each valley or each entity is different. What they build in Florida has nothing to do with what we building Treasure Valley because Florida doesn't see 20 below to 110 above in a years time. Whitman: That's correct. Bird: And this is the biggest problem. Being in the business the biggest problem we have with southern architects is they don't understand what temperature does the building. My biggest thing on this whole thing was what is the penalty if we don't adopt it. Nobody can tell me that. They tell us we have to adopt it but the — I can understand a small community that had no Building Codes at all sure they need a Building Code. I don't understand — (Inaudible discussion amongst Council Member) Bird: -- International Building Code for Meridian, Idaho. Whitman: They have — in developing the codes they have looked at things regionally and changed, you know have different things based on sizing, zones, wind speeds, climate and so they are looking at giving us a wide range of things we have to deal with. Obviously, we don't have hurricanes that we have got to worry about where as Florida does. The idea — and there again I can't speak the legality of what the state is going to do to the city if we don't adopt the code. I believe we definitely need to have the codes to be acting as guidelines and we can adjust them as we choose to. I guess I'm declined to defer to people that that's all that they do is sit and write codes. They are going to have a better idea of what problems are out there international and nationwide and how to provide a level of safety in those buildings. Meridian City Pre -Council Meeting January7, 2003 Page 17 of 19 Bird: Daunt I'm not arguing with you because — but these code writers, how many of them do you think have actually went and installed on the job? Very few, I know most of them around this area. My biggest concern was you know UBC codes and if we're going to interpret it different or we're going to change them why adopt the whole code why adopt this code? My biggest concern and I don't know if Mr. Nichols or Mr. Berg has found out I wanted to know what the state could do if we didn't adopt the ICO. Whitman: Well and I guess my only answer would be I think we do need a guideline code. Bird: I have no problem with that but what's wrong UBC 97'. You build a lot of places — they're safe, it covers all the ADA requirements, and it covers all the life safety requirements. I didn't see many changes in that. The only big change is the energy and if we had an hour, I could tell you why you can over energize a house. Whitman: Sure yet, I've been approached by builders that are thrilled that we adopted the International Residential Code because it will allow them to do a bonus room above the garage and not put in a window. They can have their home theatre that the previous code didn't allow. It's the pluses and minuses. Bird: The UBC could have adopted that. Whitman: Well we could have adopted a local amendment to allow that. Bird: That's all I had I just wanted an answer on penalties and — Corrie: Well I guess we've got to ask Bill. Bird: -- if either one of these two gentlemen know. Corrie: They could always find out I mean ask the right people that's why they went to school for. Bird: That's what he's been trying to do. Corrie: (Inaudible). Bird: For the last two weeks. Corrie: Don't say that (inaudible). Okay any other discussion at this point. It sounds like it's not really set in everybody's mind yet. Bird: It's adopted. Corrie: I know but it's not — I'm talking about — Meridian City Pre -Council Meeting January 7, 2003 Page 18 of 19 Bird: 1 just want to know what the penalties the State of Idaho can do if we don't adopt it. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I think what we did talk about though was whether or not we could amend it. Corrie: Yes. Nary: That's what I think maybe we need to do next with Mr. Whitman's help. If it's something that's more comprehensive that appears that the BCA is looking at that now and whether or not something through AIC that we need to look at as well. You know we're asking questions I'm sure the City of Nampa is too where Caldwell, Twin Falls and Idaho Falls and all those places. I mean they've got the same issues I'm sure that we do. That maybe a way to do that but I think probably the first, the most immediate step is to look at amending it to deal with the issues that really matter to our communities. Corrie: Okay Daunt we'll do that then we'll see if we can get some answers for Mr. Bird at the same time. De Weerd: We'll put Mr. Bird in charge of this. Bird: Our attorney says he doesn't think we're going to find any and I don't either. (Inaudible discussion amongst Council Members) Bird: I think the Legislature just wrote one up and said you have to adopt it you know nobody (inaudible) about it. Nary: Worry about it later. Bird: Yes worry about it later. Corrie: Okay that concludes the Pre -Council Meeting. I will — if not everybody has any say on that we'll have call for the motion to close the Pre -Council Meeting. Nary: So moved. Bird: Second. Corrie: Motion been made and second to close the Pre -Council Meeting of the Meridian City Council, any further discussion? All those in favor say aye. All Meridian City Pre -Council Meeting January 7, 2003 Page 19 of 19 ayes motion carried we will be back in five minutes to start the Regular Council Meeting. Thank you. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 6:55 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) 'RI! DATE &a3����i��i �d ATTE TES.: -A WILLIAM G. BERG, JR., ClTYCLERK 6111 r. g.� •, p f A.. x fYw7 U Meriediea4 Project Identified: Plan, Develop, and Implement a Centralized Management and Employee Career Development -Training Program by September 2003 Submitted To Pauline Human Resource Directol ' By. ProjectScope............................................................... 3 Recommended Process to Accomplish Objectives ................... 4 ScopeOutline................................................................ 5 Position and Employee Needs Assessment ..................... 5 Manager/Leader Core Competency Assessment ............... 7 General Training Curriculum Identified (Training Toolbox) . S Design of Training and Development System .................. 9 Project Implementation..................................................... 10 Responsibilities of City of Meridian ...................................... 11 Miscellaneous Confidentiality....................................................... 12 Professional and Business References ................................... 13 AspireOn Project Managers to be Utilized on this Project Phil Stiffler Sr ........................................................ 14 Alvia Henderson -Buckner .......................................... 15 Deanna Combs ....................................................... 19 tA piry., Project Scope Proposal Date: 06/17/2002 Submitted to: Pauline Skeggs Human Resource Director City of Meridian Submitted by: AspireOn 9761 W. Sleepy Hollow Ln Boise, ID 83703 208.853.6640 AspireOn is pleased to respond to the identified project (Challenge #3 within the City of Meridian Strategic Plan) and have the opportunity to collaboratively provide the City of Meridian with proven services, methods, and tools. AspireOn looks forward to assisting the City in developing a customized and consistent system integrating values, goals, and objectives for the ongoing retention, growth, and enhancement of their talent assets (all staff). AspireOn is committed to providing the most efficient process possible while maintaining the highest quality of service for a results oriented process to meet the City of Meridian's objectives. The City of Meridian has currently identified in their Strategic Plan the following project scope to plan, develop, and implement a centralized management and employee career development -training program by September 2003 (listed in order to be completed by on page 39 of the Strategic Plan): ® Conduct a broad based training needs assessment within all departments. 1- Determine citywide and departmental core competencies. Design a general training curriculum (training "toolbox") with core and special skill courses identified. ® Identify, target, and prioritize key core courses from the "toolbox" to address needs and priorities. Identify special technical skills required in each department. 0- Design elements of an overall employee development and training system for implementation. The following scope of work responds to the identified objective for a needs assessment, but also outline ongoing elements reference above action items and ways in which AspireOn can assist to reduce time and cost to the City of Meridian. �1 i Aspire,. Recommended Process to Accomplish Objectives The following is AspireOn's recommended process to address identified action items in order to create an integrated, targeted, consistent, and outcome based employee development and training system. AspireOn possesses considerable background and experience working with City and Public entities to assist in the development and success of their people and organization. AspireOn will utilize this intellectual capital in providing services to the City of Meridian. ® Identify core skill/knowledge competencies required for positions. In addition, survey for competencies and technical skills needed to achieve optimum performance of employees, management, and personnel collaboratively with the City of Meridian. o This element will fulfill a broad based training needs assessment within all departments. o This element will determine citywide and departmental employee core competences. o This element will identify special technical skills required in each department o Results of this element will not only provide functional position/employee requirements, but also provide key data base information for future updating of .position descriptions by the Human Resource Department. o This effort will also provide information for a base level employee skills/competency database. Provide initial analysis for leadership/managers to identify current and needed competencies that support organizational objectives and strategic positioning for future growth. o This element will help determine citywide and departmental leadership/manger core competencies. o This element will provide immediate foundational leadership development training that can be utilized in ongoing efforts identified.. o This training allows this group to provide enhanced input and information to this overall process. ® Provide a training "toolbox" outlining training needed in core competencies and special technical skills. o This element will provide for the design of a general training curriculum with core and special skill courses identified. Design a comprehensive and responsive system for an ongoing integrated and consistent employee development and training ,process. o This element will allow focused and targeted training of employees (to enhance retention, reduce turnover, facilitate succession planning, new employee training, and development for growth). Aspire,,_ 1 it �• ��' 'i �. Cost elements are provided based upon best estimates (up to X hours) for each segment of work. Actual hours will be documented and reported up to amount not to exceed limits noted. I. Position and Em to ee Needs Assessment — The following items outline an assessment process to identify core skill/knowledge competencies (broad based assessment in addition to special technical skills) required for positions at the City of Meridian as well as current general or common citywide and departmental core competencies desired for employees. A. Review all existing material (i.e. position description, data -on previous training) to collect the best information available on required competencies, training, and positions within the City of Meridian. Up to 20 hrs of review and analysis 8 hrs of support B. Meet with Department Heads/Managers to collaboratively clarify, identify, and collect additional information needed on department specific and citywide training needs (reference special technical and functional competences for positions). Up to 12 hours of interviews/meetings C. Customize a competency evaluation survey using information gathered from Section I A and B to be distributed to each department. These surveys will target the identification of department/position specific competencies and technical skills needed to achieve optimum performance. In addition, employees will respond with information reference training they have completed as well as their perception of training needed. D. Compile and review data collected 10 hrs of customization and creation 8 hrs of support 15 hrs of review and assessment 20 hrs of support Aspire,. E. AspireOn recommends that "work groups" be identified at this time in each department to work collaboratively with AspireOn on validating, confirming, and clarifying findings. This will help to reduce overall time and cost to complete action items identified by the City. Additional meetings with Department Heads, Managers, and Supervisors may also be needed for required clarification. 20 hrs of interviews/meetings/further analysis and collaboration with "work groups„ F. Define position competency descriptions from data collected (that address position needs, training, certifications, and education) 8 hrs of development 20 hrs of support G. Meet with HR, Department Heads and Managers to obtain validation and buy -off needs identified for completed position competency descriptions. Also in meeting with the Leadership/Managers of each department, identify core leadership elements (define what leadership is for the City of Meridian). Up to 25 hrs of meetings Total of Section I Not to Exceed: $14,665 Deliverables for Section I: Position competency descriptions and an inventory containing staff data from survey and management discussions. tA'pinb, II. Manager/Leader_ Core Competency__ Assessment — To be done in conjunction with Section I to enhance validity and integrity of overall process by soliciting meaningful data for overall core competencies of Management/Leadership within the City of Meridian, which is different than the core competencies of the other staff. This section will identify those competencies (input for focused training) while also providing foundational training for ongoing efforts. A. Provide leadership foundation introduction and expectations of positive process to selected individuals. 21ir group session B. Provide a leadership emotional competency profile and leadership enhancement process for each department head and manager within the City (estimated at 20). (Also reinforces competencies required for managers/leaders of this group) Up to 20 profiles and analysis C. Provide a foundational coaching session with each to establish target areas of enhancement (1.5 hours per individual) and validate needed manager core competencies. Up to 30 hours of coaching Total of Section 11 Not to Exceed: $11,000 Deliverables of Section II: d Leadership report reference core competencies and training needs as identified from core position needs assessment. • Foundational Leadership Coaching ® Enhanced understanding of leadership/management responsibilities and behavioral accountabilities. tAsprr��. t t, III. General Training Curriculum Identified (Training Toolbox) A. Using information collected through the positional needs assessment process (items I and II of this proposal), a "training toolbox" will be outlined identifying the training curriculum needed to meet the needs of and enhance performance within the City of Meridian. This curriculum "toolbox" will consist of a core manager/supervisor toolbox, and core toolbox for all employees, and additional needed programs to address department specific and function/position specific competency or special technical skill needs. Total of Section III Not to Exceed: $2,100 Deliverable of Section III: Toolbox menu. 15 hrs of development 15 hrs of support tA irk,. IV. Design of Training and Development_ System A. Cross reference position competency information with compiled data from all sources regarding relative level of training in order to focus and prioritize initial training needs. 10 hrs of analysis B. Work collaboratively with the HR Director to design a system for the ongoing integrated and consistent employee and leadership development training process. 40 hrs of development 6 hrs of meetings 15 hrs of support Total of Section IV Not to Exceed: $6,350 Deliverable of Section IV: Outlined and defined system for implementing and targeting training efforts. The system will: ® Address program evaluation and/or development as applicable ® Detail scheduling, budgeting, and tracking elements of training efforts Integrate with Performance Management efforts as applicable ® Integrate with succession planning and career pathing as applicable ® Provide methods for evaluating and targeting training to individuals who need to participate in training programs. ® Outline elements for maintaining a database of employee competencies and training received (development of a true ongoing "gap" analysis tied to focused training). ® Address ramp -up training efforts for new hires or new managers/supervisors and integrate with orientation efforts. Alternatives methods to meet program needs once Section IV is completed: ® Customize programs available (inclusive of train the trainer) ® Evaluate, select, and contract for "toolbox" delivery by consultant a Fully develop internal programs ® Identify (inventory) options for specialized/technical training tA pirec)r,. Project Implementation Upon execution of this document, AspireOn will take immediate action to begin planning, collaboration, and coordination with the HR Director to devise a plan of action that will optimize the implementation process. It is anticipated that Sections I and II as outlined above will be completed by April 15, 2003 (assuming a January Ist starting date). Remaining sections will be completed as expeditiously as possible and as collaboratively determined with the HR Director to meet deadlines. AspireOn anticipates (given scheduling availability) completion o f this project ahead o f the initial dates as referenced in the strategic planning document. tA 10 spire_ Responsibilities of City of Meridian T. Prepare appropriate information in a timely manner, relative to item one of the Project Scope, and provide to appropriate AspireOn representatives for review. II. Commit necessary time and coordinate scheduling of group and sub group sessions associated with accomplishing item one of the Project Scope. III. Commit necessary employee and applicable senior executive team time for collaboration and meetings relative to accomplishing the outlined Project Scope. IV. Provide project endorsement, from the City Mayor and applicable senior executive level, communicating the importance and priority of the project to the organization. V. Identify initial group for leadership coaching, present coaching program appropriately, and facilitate scheduling of initial coaching sessions. VI. City of Meridian will provide us with a point of contact for all scheduling and information gathering. tApirib „ Miscellaneous CONFIDENTIALITY. C ity of Meridian understands that it may be necessary to provide AspireOn with access to certain confidential/proprietary information necessary to performing the work outlined under the Project Scope. AspireOn agrees not to disclose any confidential/ proprietary information learned as a result of this project without the specific written consent of City of Meridian. AspireOn fully understands that unauthorized disclosure of above described information may cause irreparable or severe damage to City of Meridian. ASPIREON: Aspire0n: Submitted: By: Phil Stiffler Chief Storyteller 12 Aspire„_ Professional & Business References 1. Jim Sanders General Manager Benton PUD 2721 West 10th Avenue P.O. Box 6270 Kennewick, WA 99336-0270 (509) 582-1225 2. Ken Sugden General Manager Franklin PUD 1411 W. Clark P.O. Box 2407 Pasco, WA 99302-2407 (509) 546-5947 3. John Darrington City Manager City of Richland 505 Swift Building P.O. Box 190, MS #03 Richland, WA 99352 (509) 943-7381 4. Tim Rhodes CEO Provizio 2404 Bank Drive Suite #103 Boise, ID 83705 (208) 344-4814 5. Dan Presley Director of Sales Rapidigm 13555 SE 36th St Bellevue, WA (425) 643-2010 6. Stan Arlt Public Works Director City of Richland 840 Northgate Drive P.O. Box 190, MS #26 Richland, WA 99352 (509) 942-7460 7. Bob Hammond Public Works Director City of Kennewick 210 W. 6th Ave Kennewick, WA 99336-0108 (509) 585-4251 tA irp,,_ 13 AspireOn Project .Managers to be Utilized on this Project Phil Stiffler Sr. Chief Storyteller and Co -Founder AspireOn 9761 W. Sleepy Hollow Ln. Boise, YD 83703 Ph. (208) 853-6640 Fax (208) 853-6642 Summary: Phil has over thirty years of broad based practical business/corporate and consulting experience in management, relationship marketing, banking, corporate finance, human resource development, and strategic planning. Phil formally incorporated his consulting business as a co-founder of AspireOn in 1999. This established the entity to formally market results -based consulting services for the performance success of AspireOn clients. Drawing upon years of experience and practical knowledge combined with a forward focused direction for the future, AspireOn provides customized outcome based services in the areas of strategic positioning, leadership, talent, team, environment (culture) and organizational enhancement. Education: Affiliations: Eastern Washington University: B.A. - Finance Graduate Degrees in Specialized Programs: University of Washington: Pacific Coast Banking School University of Oklahoma: National Commercial Lending School University of Southern California: Strategic Planning Past Professional and Civic Affiliations: Board of the Chamber of Commerce Economic Development Council Adjunct faculty: Eastern Washington University Business School (Entrepreneurship and Strategic Planning). Phil provides ongoing leadership through a positive attitude, forward focused approach, intense motivation, communication abilities, enthusiasm, and competitive desire to bring success and optimum performance for the clients of AspireOn. tA 14 spire,_ Alvis L. Henderson -Buckner Talent & Performance Architect AspireOn 9761. W. Sleepy Hollow Ln. Boise, ID 83703 Ph. (208) 853-6640 Fax (208) 853-6642 Summary: Twenty-one years experience with progressively increasing responsibilities in human resources management with Morrison Knudsen Corporation (now Washington Group International), an international design engineering, construction, mining & environmental company (revenues in excess of $2 billion). Expertise includes policy development, management consultation, employee counseling, conflict resolution, training and program development, recruiting, affirmative action compliance, international human resources, litigation support and negotiation. Eight years management/supervisory training program delivery experience with the Idaho State Department of Corrections. Worked with the City of San Francisco on a 2 billion dollar expansion of the San Francisco Airport in regard to assessing the capabilities of a program manager, evaluation of the use of disadvantaged and women owned business enterprises, and the ability of the teams to work in an integrated environment. Experience: Management Issues Designed, implemented and trained managers and employees in a corporate - wide performance review and career development program, shifting emphasis from documentation to goals identification, increasing employee/manager dialogue and achieving 45% compliance. Program provides information used for promotions, terminations, and training program design. This program is used by senior management to evaluate executive level staff. Managed Domestic and International Human Resources in two divisions and one subsidiary with employee populations from 250 to 1,200. Currently responsible as Sr. Vice President Human Resources, at Corporate policy making level, for all Human Resources functions, excluding Compensation and Benefits. Decreased operating budget by 50% while maintaining essential human resources services. Implemented corporate staff decentralization process resulting in eight million dollar annual corporate overhead reductions. Participated in two major acquisitions in two years, restructuring the human resources management organization and integrating the workforces of three companies totaling more than 39,000 employees. tA i15 CP©,,. International human Resources Management Designed compensation packages, working conditions and expatriate orientation programs. Managed corporate -wide international human resources program and policy development Achievements included: Revised method of paying certain employee premiums to minimize host country taxes. Employee Relations Developed and designed a division -wide Team Building Program that reduced employee turnover and complaints and increased productivity. Provide counseling services to employees on work-related issues. Management Consultation Manage Employee Assistance/Drug Testing Programs service deliver. Recruiting/Affirmative Action Designed an Internal Skills Inventory that enables with E-mail capabilities to input their current employment needs and pull-up current on -file resumes of possible candidates. Organized a job fair for Engineering, Geological, and Accounting professionals t hat p roduced o ver 9 00 q ualified applicants a nd resulted i n 6 0 hires within 60 days. Designed and developed a recruitment advertising strategy that built company name recognition and maximized advertising dollars. Identified and implemented Corporate -wide Affirmative Action Plan analysis system eliminating manual computations and increasing plan compliance. Hands-on participation in Boise Office OFCCP Compliance Review, which resulted in a letter of compliance. Extensive experience with local, state, regional and federal compliance agencies/issues. 16 tA'phb, Training Designed, developed and delivered Employee Review training program for managers/supervisors and employees, including career paths, career development overview, and Supervisor/Employee Workbooks Trainer's Guides. Managed corporate -wide leadership program to educate senior management personnel as to vision, direction, focus and goals of company's new executive management. Program acceptance resulted in more requests for participation than schedule would allow, with program being booked 18 months in advance. Delivered short -terra client systems training program (Crisis Intervention & Problem Resolution) to state employees and trained trainers in program delivery. Downsizing Wrote separation agreements for company personnel, from senior management on down, which have stood up to legal counsel and outside review without litigation or complaint. Directed and successfully managed elimination of international construction subsidiary involved in the infrastructure market. Designed, directed and achieved an overall 10% reduction in corporate staff, with no employee/company litigation. Reduced HR staff by 35% and cut operating budget by 50% without loss of essential services. Developed and implemented a downsizing/layoff policy that released 300+ employees with one litigation which was settled in the company's favor at the Federal Circuit level. Designed, established and managed an Outplacement Center with a 70% utilization rate and an 89% placement rate. Policy Development Strengthened company's employer/employee position by developing termination categories based on the "at -will" employment doctrine, modifying employee handbooks, applications and other communications tools. ) 17 /Aspire., Currently developing Alternative Dispute Resolution Policy to reduce discrimination and employment-related claims by providing employees with a vehicle, other than litigation, for dispute resolution and reducing costs by keeping matters in-house. Developed and implemented the company's first Family Leave and enhanced Maternity Leave policy. Education/Certification: Associations: Boise State University: Bachelor of Arts — Psychology National Institute of Drug Abuse: Certified Trainer of Trainers National Society for Human Resource Management National EEO Committee Association of General Contractors Idaho Association on Affirmative Action Region 9 OFCCP/Industry Liaison Group Boise State University — Center for Management Development Advisory Board Member Family and workplace Consortium — Advisory Board Member — (Statewide body devoted developing, supporting and fostering practices that support working families). United Way of Ada County Board Member 18 Aspire.. Deanna L. Combs Program Quality Manager & Head Coach AspireOu 9761 W. Sleepy Hollow Ln. Boise, ID 83703 Ph. (208) 853-6640 Fax (208) 853-6642 Summary: Spent 20+ years as a manager, facilitator, mediator and leader in the Federal employment sector provided gaining a broad knowledge of the fundamental principles and essential building blocks of a healthy, high -functioning organization. Has developed a deep appreciation and skills to mediate resolutions, which heal human resource problems and result in peaceable and mutually agreeable solutions. Deanna's foundation in employee development and training has provided her the Iifelong quest for learning and for making a contribution to any effort with which she participates. Experience: Management Consultant Evergreen Consulting Performed under contract with Fluor Daniel Hanford and DOE -RL Facilitated Strategic Planning, performance measurement planning and team improvement projects. Mediated workplace dispute cases and other conflicts to resolution HR Manager and Quality Program Director U.S. Department of Energy Managed Employee Relations and Training Programs Administered and managed Performance management Systems Managed staff and budgets for Federal Personnel Operations Directed the implementation of quality leadership and process analysis Managed the assessment of DOE programs and Performance Measurement Supervisory Personnel Specialist Bureau of Land Management Supervised a staff of Human Resource Specialists performing personnel services for BLM offices in the State of Idaho 9 Managed the Performance Appraisal System and handled related employee dispute and grievances Represented BLM before the Merit Systems Protection Board Instructed coursed in Performance Appraisal, Employee Relations, and Labor Management Personnel Management Specialist U.S. Dept. of Energy Performed personnel management evaluations and activities > Administered salary and pay actions Served on Headquarters task -teams for new agency program development Received promotions and awards for superior performances 14 Aspire_ Personnel Specialist and Asst. Personnel Officer Civil Service Commission and U.S. Forest Service Established and conducted Civil Service Employment Testing Program Advisory services on Civil Service rules and regulations Provided direct assistance to Forest Service Districts in managing permanent and temporary employees Handled Union and Administrative grievances and appeals Education: 1966-1970 Idaho State University Pocatello, ID B.A., English Education Graduated Magna Cum Laude Completed Graduate coursework for Master of Public Administration Completed certification requirements and training in mediation services Completion of Management and Leadership training provided by the USDO Certifications/Associations: Certified Mediator/Volunteer for Yakima/Kittatas County Dispute Resolution Center and Benton/Franklin Dispute Resolution Center Crisis Phone Line Volunteer for CONTACT, Help -line, Tri -Cities Member/Officer of Tri -City Women Investment Club 20 tA'pir&. THEREFORE, given a mutual d esire b y b oth p arties t o m ove f orward on t his p roj ect a nd mutual agreement on the project elements outlined herein, both parties hereby formerly agree to proceed on the project. AspireOn will commence work upon receipt of executed proposal from the City of Meridian. DATED 3 '3 AspireOn: By: Phil Stiffler Chief Storyteller ,`,,y�tllltll y!1lrr�� CITY OF MERIDIAN: .�`���'� OF ridian: C'\ Gook ON DATED: SEAL = Authorized Representative Aspire,. 21 CITY OF MERIDIAN RESOLUTION NO. 0 - 9T 7 BY THE CITY COUNCIL: Bim, DE WEED, MCCANDLESS, NARY OWN' w - ;o ; I I ' 'Ar—T-1. NOW THEREFORE,RESOLVED BY THOL 0 THE CITY OF MERIDIAN, IDAHO: WHEREAS, Meridian City personnel responsible for enforcement of the Planning and Zoning Code are authorized by Idaho Code to directly issue uniform citations to offenders; and WHEREAS, the ability to issue uniform citations is an important tool for enforcing the Planning and Zoning Code. Section 1. The authority of code enforcement officers for the Planning and Zoning Department to directly issue uniform citations is hereby approved. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Council of the City of Meridian, Idaho, this day ,of 2003. APPROVED by the Mayor of the City of Meridian, this 7 day of v�Ge U' 2003. ATTEST: t/ CITY CLERK WR D: Obi®�`1P1��� Z:\Work\M\Meridian\Meridian 15360M\Qrdinances 12 30 02.rtf CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN 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 Resolution No.--.. passed by the City Council of the City of Meridian, on this 7fi—�day of 2003, is a true and correct copy of the original of said document wha is in the care, custody and control of the City Clerk of the City of Meridian.®f,1—R/ SEAL - WILLIAM G. BERG, JR. Jf-..-��Go�sr�s�•N STATE OF IDAHO, ss. County of Ada, On this day of 0l �111,u�14 . in the vear 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 of the City of Meridian. ID gi®MUOV0 0 S ®® % (SEAL) a Notary Public of Idaho Commission Expires: CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN January 3, 2003 MERIDIAN CITY COUNCIL MEETING January 7, 2003 APPLICANT REQUEST Discussion of ACHD Right -Of -Way Acquisition: Pre -Council Meeting ITEM NO. 9 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: l� S SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. unacier rageiori From: Brad Hawkins -Clark Sent: Friday, January 03, 2003 7:59 AM To: bergw@ci.meridian.id.us;'Sharon Smith' Subject: FW: ACHD R/W Acquisition Will and Sharon, I just wanted to confirm that you have this ACHD right-of-way issue on next Tuesday's Pre -Council agenda, per Gary's request below. Brad -----Original Message ----- From: Gary Smith[mailto:smithg@ci.meridian.id.us] Sent: Thursday, December 19, 2002 11:19 AM To: Mayor Robert Corrie (E-mail) Cc: Brad Hawkins -Clark (E-mail); Will Berg Jr. (E-mail); Sharon Smith (E-mail) Subject: ACHD R/W Acquisition Good Morning Mayor: David McKinnon and I attended the ACHD Commission meeting at noon yesterday to listen to the discussion on the referenced subject. After some discussion by the Commission and testimony by two individuals in the audience, the Commission voted to continue this matter to their January 8, 2003 meeting in anticipation of receiving comments from others in the meantime. The following correspondence was referenced yesterday by ACHD and we need to have it, unless we (you) already do: Bruce Mills memo to the ACHD Commission dated December 11, 2003; WH Moore letter to the Commission (copy obtained by David from Jonathan Seel at the meeting, which I will send to you); and the ACHD Resolution for this matter previously prepared by ACHD staff. Bruce Mills said he would be sending a copy of the Resolution to all Ada County city Mayors and Council Presidents to make sure they have it. I am not sure what actions, if any, Meridian has taken to respond to this Resolution however, if comments have not been sent to them it appears that this subject should be discussed by us prior to ACHD's January 8 meeting so that formal comments can be sent to them for their consideration. Can this subject be placed on the pre -council or regular meeting agenda for the January7 Council meeting? Gary Gary D. Smith, PE Public Works Director Meridian Public Works Department 660 E. Watertower Ln., Ste.200 Meridian, Idaho 83642 Phone 208-898-5500; Fax 208-887-1297 e-mail_: srnithg@meridiancity orca 1/3/2003 t+�. Ada County Highway Distric] INTER. -OFFICE MEMO Right -of -Way & Development Services Depcu•tment To: Elected Officials December 30, 2002 City & County Planning Departments From: Bruce Mills, Right -of -Way & Development Services Manager Subject: Resolutlon — For Inclusion with Previously Faxed Memo & Letter OOPS! l forgot to fax along the resolution with my memo and letter of December 27, It is faxed herewith. Sorry for the inconvenience. Thank you for your assistance (again). If there are questions, please call me at 387-6185, bgm/ RECEIVED DEC 3 0 2002 City of Merldiana City clerk Office) DEC 30 102 08:34 20B 3B7 6393 PRGE.01 1 ---- RE C EIVED €,. 2 DEC 3 0 2002 PROPOSED BY: Right -of -Way & Development Services 3 r0fty of lweridian 4 City ule-rk offacc RESOLUTION NO. 5 6 PROPOSING LIMITATIONS TO DEVELOPMENT OFFSET REIMBURSEMENTS 7 FOR RIGHT-OF-WAY DEDICATION AND CONSTRUCTION 8 9 WHEREAS, Ada County Highway District Policy 7203.4.3 allows the District to 10 compensate development for additional dedicated right-of-way along collector and arterial 11 streets, if impact fee funds are available in the appropriate service area; and 12 13 WHEREAS, the District also may compensate development for developer - 14 constructed system improvements along certain collector and arterial streets if funds are 15 available; and 16 17 WHEREAS, due to current fiscal constraints, the District does not have sufficient 18 available funds to pursue reimbursements along all collector and arterial streets; and 19 20 WHEREAS, the District recognizes the importance of acquiring adequate right-of-way 21 for programmed construction projects; 22 23 NOW, THEREFORE BE IT RESOLVED that the Ada County Highway District directs 24 that the following language be included in all applicable staff reports for proposed developments: 25 26 Ada County Highway District (ACRD) Policy 7203.4.3 allows the District to compensate 27 development for additional dedicated right-of-way along eligible collector and arterial 28 streets, if impact fee funds are available in the appropriate service area. However, due 29 to current fiscal constraints. if said impact fee funds are not available, the District shall 30 only purchase additional right-of-way needed to accomplish funded projects listed in the 31 most currently adopted Five Year Work Program. 32 33 For other eligible projects listed in the adopted Capital Improvements Plan (CIP), the 34 District shall consider alternative options to accept dedication of additional right-of-way by 35 donation, future credit, or deferred compensation from future collected impact fees, 36 through an offset agreement with the Developer, or as otherwise approved by the Board 37 of Commissioners, 38 39 Similarly, if impact fee funds are not available, the District shall not enter into any 40 agreements to jointly fund developer -constructed system improvements. The only 41 exception, which shall require pre -approval from the ACHD Board of Commissioners, 42 would allow the District to credit back impact fees collected from the Developer for the 43 particular project, if it is listed in the most currently adopted Five Year Work Program. 44 45 Developers are encouraged to construct sidewalks in an easement outside of the 46 existing right-of-way where practical, at the ultimate right-of-way location, or to place 47 funds in a road trust account for future sidewalk construction. 48 49 50 BE IT FURTHER RESOLVED that this resolution shall remain in effect from the time 51 of adoption, until September 30, 2003, unless otherwise modified by the Ada County Highway 52 District Board of Commissioners. 53 DEC 30 102 08:35 206 387 6393 PA8E.02 -'0'0 A Ada County Highway x1.v J. Z.M-V r -V -L -z JVt.hJVJU Righr-of-Way & Development Services Depw•tment December 30, 2002 To: Elected Officials City & County Planning Departments From: Bruce Mills, Right -of -Way & Development Services Manager Subject: Resolution -- For Inclusion with Previously Faxed Memo & Letter Oops! I forgot to fax along the resolution with my memo and letter of December 27, It is faxed herewith. Sorry for the inconvenience. Thank you for your assistance (again). If there are questions, please call me at 387-6185. bgml DEC 3e '02 0e:34 208 3e7 6393 PRGE.01 2 PROPOSED BY: -Right-of-Wav & Development Services 3 4 RESOLUTION NO. 5 6 PROPOSING LIMITATIONS TO DEVELOPMENT OFFSET REIMBURSEMENTS 7 FOR RIGHT-OF-WAY DEDICATION AND CONSTRUCTION 8 9 WHEREAS, Ada County Highway District Policy 7203.4.3 allows the District to 10 compensate development for additional dedicated right-of-way along collector and arterial 1 I streets, if impact fee funds are available in the appropriate service area; and 12 13 WHEREAS, the District also may compensate development for developer - I4 constructed system improvements along certain collector and arterial streets if funds are 15 available; and 16 17 WHEREAS, due to current fiscal constraints, the District does not have sufficient 18 available funds to pursue reimbursements along all collector and arterial streets; and 19 20 WHEREAS, the District recognizes the importance of acquiring adequate right-of-way 21 for programmed construction projects; 22 23 NOW, THEREFORE BE IT RESOLVED that the Ada County Highway District directs 24 that the following language be included in all applicable staff reports for proposed developments: 25 26 Ada County Highway District (ACRD) Policy 7203.43 allows the District to compensate 27 development for additional dedicated right-of-way along eligible collector and arterial 28 streets, if impact fee funds are available in the appropriate service area. However, due 29 to current fiscal constraints. if said impact fee funds are not available, the District shall 30 only purchase additional right-of-way needed to accomplish funded projects listed in the 31 most currently adopted Five Year Work Program. 32 33 For other eligible projects listed in the adopted Capital Improvements Plan (CIP), the 34 District shall consider alternative options to accept dedication of additional right-of-way by 35 donation, future credit, or deferred compensation from future collected impact fees, 36 through an offset agreement with the Developer, or as otherwise approved by the Board 37 of Commissioners. 38 39 Similarly, if impact fee funds are not available, the District shall not enter into any 40 agreements to jointly fund developer -constructed system improvements. The only 41 exception, which shall require pre -approval from the ACRD Board of Commissioners, 42 would allow the District to credit back impact fees collected from the Developer for the 43 particular project, if it is listed in the most currently adopted Five Year Work Program. 44 45 Developers are encouraged to construct sidewalks in an easement outside of the 46 existing right-of-way where practical, at the ultimate right-of-way location, or to place 47 funds in a road trust account for future sidewalk construction. 48 49 50 BE IT FURTHER RESOLVED that this resolution shall remain in effect from the time 51 of adoption, until September 30, 2003, unless otherwise modified by the Ada County Highway 52 District Board of Commissioners. 53 DEC 30 '02 08:35 208 387 6393 PRGE.02 N.JiuwvA i agu I V1 ! Sharon Smith From: Gary Smith [smithg@ci.meridian.id.us] Sent: Thursday, December 19, 2002 11:19 AM To: Mayor Robert Corrie (E-mail) Cc: Brad Hawkins -Claris (E-mail); Will Berg Jr. (E-mail); Sharon Smith (E-mail) Subject: ACRD R/W Acquisition Good Morning Mayor: David McKinnon and I attended the ACRD Commission meeting at noon yesterday to listen to the discussion on the referenced subject. After some discussion by the Commission and testimony by two individuals in the audience, the Commission voted to continue this matter to their January 8, 2003 meeting in anticipation of receiving comments from others in the meantime. The following correspondence was referenced yesterday by ACRD and we need to have it, unless we (you) already do: Bruce Mills memo to the ACHD Commission dated December 11, 2003; WH Moore letter to the Commission (copy obtained by David from Jonathan Seel at the meeting, which I will send to you); and the ACHD Resolution for this matter previously prepared by ACHD staff. Bruce Mills said he would be sending a copy of the Resolution to all Ada County city Mayors and Council Presidents to make sure they have it. I am not sure what actions, if any, Meridian has taken to respond to this Resolution however, if comments have not been sent to them it appears that this subject should be discussed by us prior to ACHD`s January 8 meeting so that formal comments can be sent to them for their consideration. Can this subject be placed on the pre -council or regular meeting agenda for the January? Council meeting? Gary Gary D. Smith, PE Public Works Director Meridian Public Works Department 660 E. Watertower Ln., Ste.200 Meridian, Idaho 83642 Phone 208-898-5500; Fax 208-887-1297 e-mail: smithgmeridianci .or 12/19/2002 6b:TI E0: 6Z 03G 1N I hK-Ur r'IUE MEM.0 Right -of Way & Development Services Department To: ACHD Commissioners December 11, 2002 J. Schweitzer, Director From: Bruce Mills, Right -of -Way & Development Services Manager y Subject: Proposed Limitations to Development Offset Reimbursements f For Right -of -Way Dedication and Construction Meridian Cid Clerk Office, Background ACHD policy 7203. 4.3 requires development that abuts a collector or arterial street to dedicate right-of-way along their property frontage, and to provide a sidewalk along their paved frontage. Policy requires a right- of-way half -width of 35 feet for collectors or 48 fleet for arterials (or 45 feet for section line roads). Dedicated right-of-way is normally purchased by ACHD as an offset to impact fees imposed on the development, using available impact fee revenues collected within the designated service area where the development fes. Recently, impact fee refunds for individual assessments have risen sharply. As a result, three of the eight service areas currently have a zero or negative balance. Additional refunds are currently being processed that will exacerbate this situation. At the present time, approximately $1.6 million of the $2.175 million budgeted for FY2003 has been spent or committed for corridor preservation and impact fee offsets. While it is recognized that purchasing right-of-way for future road improvements is extremely important, the shrinking impact fee and general fund balances indicate the need to prioritize our development offset reimbursements. Our present practice has been to purchase from the developer the ultimate right-of-way width for the functional classification of the road, for all collectors, arterials and section line roads. The developer is then required to construct a sidewalk within two feet of the new, ultimate right-of-way fine. Options The following alternatives are listed for consideration: 1. Continue existing practice, unaltered. Pros: We continue to purchase right-of-way for all future improvements to collectors and arterials, and the developer puts the sidewalk in its ultimate location. Buildings and other improvements are constructed far enough away from the road to avoid future conflicts and associated expenses with road widening. Cons: Without available impact fee funds, right-of-way must be purchased with unbudgeted general funds. Otherwise, right-of-way is not purchased, and sidewalks must either be road -trusted or built on private property. Future costs for removing improvements from the ultimate right-of-way area may be significant. 2. Purchase right-of-way from only high priority, programmed projects (i.e., only projects on CIP, or FYWP). Pros. High priority programmed projects will be taken care of. The financial hit on the general fund will not as significant as buying right-of-way for all collectors and arterials. TOO (A 'Ma AVMHOIR 11000 BQH LML9RRo7. -vv.x Ab:7T IRT 7n/nT.7T cep ���d L 4yLf3BDZ 0S : TZ 20, 6Z 03Q I, Cons: Future right-of-way and construction costs will be higher for all projects that we don't buy right-of- way for now. Construction of sidewalks along those developments may not happen. Sidewalk issue While ACHD currently exacts the sidewalk construction from developers, without the ultimate right-of-way purchased, the options are to have the developer put funds in a road trust account (must be spent in 7-10 years), or have the developer "volunteer" to build in the ultimate location on private property. This will require coordination with other agencies, and may require legal opinion regarding the taking issue. Staff is currently coordinating this possibility with other agencies. Offsets for Developer -Constructed System Improvements ACHD has occasionally reimbursed developers for developer -constructed system improvements, whereby a developer constructs system improvements on collector or arterial streets and receives credit from ACHD in the form of an offset of the impact fees collected. However, due to current fiscal constraints, it is proposed to suspend this practice, with any exceptions requiring Commission approval. Recommendation Staff recommends adoption by resolution of the following language to be included in all applicable staff reports: Ada County Highway District (ACHD) Policy 7203.4.3 allows the District to compensate developers for additional dedicated right-of-way along collector and arterial streets, if impact fee funds are available in the appropriate service area. However, due to current fiscal constraints, if said impact fee funds are not available, the District shall only purchase additional right-of-way needed to accomplish funded projects listed in the most currently adopted Five Year Work Program. For other projects listed in the adopted Capital Improvements Plan (CIP), the District shall consider alternative options to accept dedication of additional right-of-way by donation, future credit, or deferred compensation from future collected impact fees, through an offset agreement with the Developer, or as otherwise approved by the Board of Commissioners. Similarly, if impact fee funds are not available, the District shall not enter into any agreements to jointly fund developer -constructed system improvements. The only exception, which shall require pre -approval from the ACHD Board of Commissioners, would allow the District to credit back impact fees collected from the Developer for the particular project, if it is listed in the most currently adopted Five Year Work Program. Developers are encouraged to construct sidewalks in an easement outside of the existing right-of- way where practical, at the ultimate right-of-way location, or to place funds in a road trust account for future sidewalk construction. bgml Min *1SIQ IMHDIH rIJNNO VaV LP1ALRVQn7 Yv.�r qh :7T r1TJT 7n /RT ♦7T es:TT e@, sx Dia 2 P"IEC 19 0002 PROPOSED BY: Right -of -Way & Development Services 3 C1tY 0 1A e ri diax 4 if° cle-rh' O'xace RESOLUTION NO. 5 6 PROPOSING LIMITATIONS TO DEVELOPMENT OFFSET REIMBURSEMENTS 7 FOR RIGHT-OF-WAY DEDICATION AND CONSTRUCTION 8 9 WHEREAS, Ada County Highway District Policy 7203.4.3 allows the District to 10 compensate development for additional dedicated right-of-way along collector and arterial 11 streets, if impact fee funds are available in the appropriate service area; and 12 13 WHEREAS, the District also may compensate development for developer - 14 constructed system improvements along certain collector and arterial streets if funds are 15 available; and 16 17 WHEREAS, due to current fiscal constraints, the District does not have sufficient 18 available funds to pursue reimbursements along all collector and arterial streets; and 19 20 WHEREAS, the District recognizes the importance of acquiring adequate right-of-way 21 for programmed construction projects; 22 23 NOW, THEREFORE BE 1T RESOLVED that the Ada County Highway District directs 24 that the following language be included in all applicable staff reports for proposed developments: 25 26 Ada County Highway District (ACRD) Policy 7203.4.3 allows the District to compensate 27 development for additional dedicated right-of-way along collector and arterial streets, if 28 impact fee funds are available in the appropriate service area. However, due to current 29 fiscal constraints, if said impact fee funds are not available, the District shall only 30 purchase additional right-of-way needed to accomplish funded projects listed in the most 31 currently adopted Five Year Work Program. 32 33 For other projects listed in the adopted Capital Improvements Plan (CIP), the District 34 shall consider alternative options to accept dedication of additional right-of-way by 35 donation, future credit, or deferred compensation from future collected impact fees, 36 through an offset agreement with the Developer, or as otherwise approved by the Board 37 of Commissioners. 38 39 Similarly, if impact fee funds are not available, the District shall not enter into any 40 agreements to jointly fund developer -constructed system improvements. The only 41 exception, which shall require pre -approval from the ACHD Board of Commissioners, 42 would allow the District to credit back impact fees collected from the Developer for the 43 particular project, if it is listed in the most currently adopted Five Year Work Program. 44 45 Developers are encouraged to construct sidewalks in an easement outside of the 46 existing right-of-way where practical, at the ultimate right-of-way location, or to place 47 funds in a road trust account for future sidewalk construction. 48 49 50 BE IT FURTHER RESOLVED that this resolution shall remain in effect from the time 51 of adoption, until September 30, 2003, unless otherwise modified by the Ada County Highway 52 District Board of Commissioners. 53 toot 'Ma UAHOIH AINMO VQV L£T9L9PRO7 Xv.d I.D:7T nrrr 7A/AT/7T 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 eS : I I E0, 6T 32ti ADOPTED AND APPROVED by the Commissioners of the Ada County Highway District this day of , 2002. ATTEST: William J. Schweitzer, Director APPROVED AS TO FORM: Steven Price, ACHD General Counsel BOARD OF COMMISSIONERS David E. Wynkoop, President Dave Bivens, First Vice President Judy Peavey -Derr, Second Vice President Susan S. Eastlake, Commissioner Sherry R. Huber, Commissioner P00ln 'I,SIQ XVMHDIH UNNO VGV LML8£807 YVA Lb:7T WIT. 7n/0,Ti7T From December 16, 2002 W H Moore Company Comments re: ACRD r/w acquisition policy memo of December 11 ��3 : 1 4 CU I b 4 J_9C[ fi �f V' Citi Clerk office I don't understand the underlined part of the following 2nd paragraph of the proposed standard staff report language. "For other projects listed in the adopted Capital Improvements plan (CIP), the District shall consider alternative options to accept dedication of additional right-of-way by donation, future credit, or deferred compensation from future collected impact fees...." Future credit against what? Is this credit different from "deferred compensation from future collected impact fees"? I would also suggest changing this language as follows: "For other projects listed in the adopted Capital Improvements Plan (CIP), as alternatives to purchasing such right-of-way, he District shall consider "UGO s accepting dedication of additional right-of-way by donation, Fe or in exchange for deferred compensation from future collected impact fees...." I would suggest changing the third paragraph as follows,- "Similarly, ollows; "Similarly, if impact fee funds are not available, the District shall not enter into any agreements to jointly fund developer -constructed system improvementsunless uch improvements are listed in the most current) ado ted Five Year Work Pro ram and then only ursuant to an a reement in which the District's share of such cost and its reimbursement thereof to the developer, ­is funded by impact fees colleted from ro'ec#s within the subject develop ent. Any such acLreement T1 shall require pte-approval from the ACHD Board of Commissioner , n The following additional paragraph would be useful clarification - "Any arran ement involvindonation of ri ht-of-wa. or deferred corn ensation to the developer for ri ht-of-wa ors stem im ravements shall be on at the develo er's re uest and no such arran ement shall be a condition to ACHD's a roval of the sub ect d,eveloomen#�" Jeff goo [n 'Isla XvAIHDIH AINffoo VaV LVT9LMo7. XB.4 R%:7T nu.r 7n/RT/7T ** TX CONFIRMATlu,q REPORT * AS OF DEC 19 '02 12:01 AAGE.01 Tom— r. 0 - ye. W, < . From Fax: Pagan Phonoc Dom: Ro: f-} C CT 7J !� i� i ck CQ C . 8rn, 4h &,q a,�e ❑ Urgent Xf or ReView M Please Comment E3 Please Reply ❑ Please Recycle 0 0 MERIDIAN City of Meddian CityClerk's Office (208) 888-4433 Fax (208) 888-4218 33 East Idaho, Meridian, Iia 83642 From: Y-hz Pages: Phone: Date: / G - �q - U Re: A C ` -6 vow (/jri CC: ❑ Urgent XFor Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle January 3, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT January 7, 2003 ITEM NO. 3-8 REQUEST Approve Bills: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. January 3, 2003 Pre -Council Meeting MERIDIAN CITY COUNCIL MEETING January 7, 2003 APPLICANT ITEM NO. REQUEST AspireOn Consultant Presentation on Employee Career Development Training Program: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. Uit-17 of'Meridia4_ Pro ' ect Identified: Plan, Develop, and Implement a Centralized Management and Employee Career Development -Training Program by September 2003 Submitted To Pauline Skeggs ,i Resource Director 01P ProjectScope............................................................... 3 Recommended Process to Accomplish Objectives ................... 4 ScopeOutline................................................................ 5 Position and Employee Needs Assessment ..................... 5 Manager/Leader Core Competency Assessment ............... 7 General Training Curriculum Identified {Training Toolbox} . 8 Design of Training and Development System .................. 9 Project Implementation..................................................... 10 Responsibilities of City of Meridian ...................................... 11 Miscellaneous Confidentiality....................................................... 12 Professional and Business References ................................... 13 AspireOn Project Managers to be Utilized on this Project Phil Stiffler Sr ........................................................ 14 Alvia Henderson -Buckner .......................................... 15 Deanna Combs ....................................................... 19 2 Aspire,. Project Scope Proposal Date: 06/17/2002 Submitted to: Pauline Skeggs Human Resource Director City of Meridian Submitted by: AspireOn 9761 W. Sleepy Hollow Ln Boise, ID 83703 208.853.6640 AspireOn is pleased to respond to the identified project (Challenge #3 within the City of Meridian Strategic Plan) and have the opportunity to collaboratively provide the City of Meridian with proven services, methods, and tools. AspireOn looks forward to assisting the City in developing a customized and consistent system integrating values, goals, and objectives for the ongoing retention, growth, and enhancement of their talent assets (all staff). AspireOn is committed to providing the most efficient process possible while maintaining the highest quality of service for a results oriented process to meet the City of Meridian's objectives. The City of Meridian has currently identified in their Strategic Plan the following project scope to plan, develop, and implement a centralized management and employee career development -training program by September 2003 (listed in order to be completed by on page 39 of the Strategic Plan): ® Conduct a broad based training needs assessment within all departments. ® Determine citywide and departmental core competencies. Design a general training curriculum (training "toolbox") with core and special skill courses identified. ® Identify, target, and prioritize key core courses from the "toolbox" to address needs and priorities. Identify special technical skills required in each department. ® Design elements of an overall employee development and training system for implementation. The following scope of work responds to the identified objective for a needs assessment, but also outline ongoing elements reference above action items and ways in which AspireOn can assist to reduce time and cost to the City of Meridian. 6\ 3 fMpir&. Recommended Process to Accomplish Objectives The following is AspireOn's recommended process to address identified action items in order to create an integrated, targeted, consistent, and outcome based employee development and training system. AspireOn possesses considerable background and experience working with City and Public entities to assist in the development and success of their people and organization. AspireOn will utilize this intellectual capital in providing services to the City of Meridian. ® Identify core skill/knowledge competencies required for positions. In addition, survey for competencies and technical skills needed to achieve optimum performance of employees, management, and personnel collaboratively with the City of Meridian. o This element will fulfill a broad based training needs assessment within all departments. o This element will determine citywide and departmental employee core competences. o This element will identify special technical skills required in each department o Results of this element will not only provide functional position/employee requirements, but also provide key data base information for future updating of position descriptions by the Human Resource Department. o This effort will also provide information for a base level employee skills/competency database. ® Provide initial analysis for leadership/managers to identify current and needed competencies that support organizational objectives and strategic positioning for future growth. o This element will help determine citywide and departmental leadership/manger core competencies. o This element will provide immediate foundational leadership development training that can be utilized in ongoing efforts identified. o This training allows this group to provide enhanced input and information to this overall process. ® Provide a training "toolbox" outlining training needed in core competencies and special technical skills. o This element will provide for the design of a general training curriculum with core and special skill courses identified. Design a comprehensive and responsive system for an ongoing integrated and consistent employee development and training process. o This element will allow focused and targeted training of employees (to enhance retention, reduce turnover, facilitate succession planning, new employee training, and development for growth). .�� 4 d ASja i CPO. Scope Outline Cost elements are provided based upon best estimates (up to X hours) for each segment of work. Actual hours will be documented and reported up to amount not to exceed limits noted. Position.. and -Employee Needs Assessment — The following items outline an assessment process to identify core skill/knowledge competencies (broad based assessment in addition to special technical skills) required for positions at the City of Meridian as well as current general or common citywide and departmental core competencies desired for employees. A. Review all existing material (i.e. position description, data on previous training) to collect the best information available on required competencies, training, and positions within the City of Meridian. Up to 20 hrs of review and analysis 8 hrs of support B. Meet with Department Heads/Managers to collaboratively clarify, identify, and collect additional information needed on department specific and citywide training needs (reference special technical and functional competences for positions). Up to 12 hours of interviews/meetings C. Customize a competency evaluation survey using information gathered from Section I A and B to be distributed to each department. These surveys will target the identification of department/position specific competencies and technical skills needed to achieve optimum performance. In addition, employees will respond with information reference training they have completed as well as their perception of training needed. D. Compile and review data collected 10 hrs of customization and creation 8 hrs of support 15 hrs of review and assessment 20 hrs of support fAspirb.- E. AspireOn recommends that "work groups" be identified at this time in each department to work collaboratively with AspireOn on validating, confirming, and clarifying findings. This will help to reduce overall time and cost to complete action items identified by the City. Additional meetings with Department Heads, Managers, and Supervisors may also be needed for required clarification. 20 hrs of interviews/meetings/further analysis and collaboration with "work groups" F. Define position competency descriptions from data collected (that address position needs, training, certifications, and education) 8 hrs of development 20 hrs of support G. Meet with HR, Department Heads and Managers to obtain validation and buy -off needs identified for completed position competency descriptions. Also in meeting with the Leadership/Managers of each department, identify core leadership elements (define what leadership is for the City of Meridian). Up to 25 hrs of meetings Total of Section r Not to Exceed: $14,665 Deliverables for Section I: Position competency descriptions and an inventory containing staff data from survey and management discussions. lj 6 fASpirq,,. II. __.Manager/Leader Core Competency Assessment — To be done in conjunction with Section I to enhance validity and integrity of overall process by soliciting -meaningful data for overall core competencies of Management/Leadership within the City of Meridian, which is different than the core competencies of the other staff. This section will identify those competencies (input for focused training) while also providing foundational training for ongoing efforts. A. Provide leadership foundation introduction and expectations of positive process to selected individuals. 2hr group session B. Provide a leadership emotional competency profile and leadership enhancement process for each department head and manager within the City (estimated at 20). (Also reinforces competencies required for managers/leaders of this group) Up to 20 profiles and analysis C. Provide a foundational coaching session with each to establish target areas of enhancement (1.5 hours per individual) and validate needed manager core competencies. Up to 30 hours of coaching Total of Section II Not to Exceed: $11,000 Deliverables of Section II: ® Leadership report reference core competencies and training needs as identified from core position needs assessment. Foundational Leadership Coaching ® Enhanced understanding of leadership/management responsibilities and behavioral accountabilities. 4 Aspire,. III. General Training Curriculum, Identified (Training, Toolbox) A. Using information collected through the positional needs assessment process (items I and H of this proposal), a "training toolbox" will be outlined identifying the training curriculum needed to meet the needs of and enhance performance within the City of Meridian. This curriculum "toolbox" will consist of a core manager/supervisor toolbox, and core toolbox for all employees, and additional needed programs to address department specific and function/position specific competency or special technical skill needs. Total of Section III Not to Exceed: S23 0 Deliverable of Section III: Toolbox menu. 15 hrs of development 15 hrs of support .1 g Aspire,. N. Design of Training and Development System A. Cross reference position competency information with compiled data from all sources regarding relative level of training in order to focus and prioritize initial training needs. 10 hrs of analysis B. Work collaboratively with the HR Director to design a system for the ongoing integrated and consistent employee and leadership development training process. 40 hrs of development 6 hrs of meetings 15 hrs of support Total of Section N Not to Exceed: $6,350 Deliverable of Section N: Outlined and defined system for implementing and targeting training efforts. The system will: • Address program evaluation and/or development as applicable • Detail scheduling, budgeting, and tracking elements of training efforts • Integrate with Performance Management efforts as applicable • Integrate with succession planning and career pathing as applicable • Provide methods for evaluating and targeting training to individuals who need to participate in training programs. • Outline elements for maintaining a database of employee competencies and training received (development of a true ongoing "gap" analysis tied to focused training). • Address ramp -up training efforts for new hires or new managers/supervisors and integrate with orientation efforts. Alternatives methods to meet program needs once Section 1V is completed: • Customize programs available (inclusive of train the trainer) • Evaluate, select, and contract for "toolbox" delivery by consultant • Fully develop internal programs • Identify (inventory) options for specialized/technical training 9 fAspirq,, Upon execution of this document, AspireOn will take immediate action to begin planning, collaboration, and coordination with the HR Director to devise a plan of action that will optimize the implementation process. It is anticipated that Sections I and II as outlined above will be completed by April 15, 2003 (assuming a January I" starting date). Remaining sections will be completed as expeditiously as possible and as collaboratively determined with the HR Director to meet deadlines. AspireOn anticipates (given scheduling availability) completion of this project ahead of the initial dates as referenced in the strategic planning document. 10 Aspirq., Responsibilities of City of Meridian I. Prepare appropriate information in a timely manner, relative to item one of the Project Scope, and provide to appropriate AspireOn representatives for review. II. Commit necessary time and coordinate scheduling of group and sub group sessions associated with accomplishing item one of the Project Scope. III. Commit necessary employee and applicable senior executive team time for collaboration and meetings relative to accomplishing the outlined Project Scope. IV. Provide project endorsement, from the City Mayor and applicable senior executive level, communicating the importance and priority of the project to the organization. V. Identify initial group for leadership coaching, present coaching program appropriately, and facilitate scheduling of initial coaching sessions. VI. City of Meridian will provide us with a point of contact for all scheduling and information gathering. Aspire,. Miscellaneous CONFIDENTIALITY. City of Meridian understands that it may be necessary to provide AspireOn with access to certain confidentiaUproprietary information necessary to performing the work outlined under the Project Scope. AspireOn agrees not to disclose any confidential/ proprietary information learned as a result of this project without the specific written consent of City of Meridian. AspireOn fully understands that unauthorized disclosure of above described information may cause irreparable or severe damage to City of Meridian. ASPIREON: AspireOn: Submitted: By: Phil Stiffler Chief Storyteller 12 As'pirP. ,. r 1. rim Sanders General Manager Benton PUD 2721 West I Oh Avenue P.O. Box 6270 Kennewick, WA 99336-0270 (509) 582-1225 2. Ken Sugden General Manager Franklin PUD 1411 W. Clark P.O. Box 2407 Pasco, WA 99302-2407 (509) 546-5947 3. John Darrington City Manager City of Richland 505 Swift Building P.O. Box 190, MS #03 Richland, WA 99352 (509) 943-7381 4. Tim Rhodes CEO Provizio 2404 Bank Drive Suite #103 Boise, ID 83705 (208) 344-4814 5. Dan Presley Director of Sales Rapidigm 13555 SE 36`h St Bellevue, WA (425) 643-2010 6. Stan Arlt Public Works Director City of Richland 840 Northgate Drive P.O. Box 190, MS #26 Richland, WA 99352 (509) 942-7460 7. Bob Hammond Public Works Director City of Kennewick 210 W. 6`h Ave Kennewick, WA 99336-0108 (509) 585-4251 i Aspire,,,„ 13 AspireOn Project Managers to be Utilized on this Project Phil Stiffler Sr. Chief Storyteller and Co -Founder AspireOn 9761 W. Sleepy Hollow Ln. Boise, ID 83703 Pb. (208) 853-6640 Fax (208) 853-6642 Summary: Phil has over thirty years of broad based practical business/corporate and consulting experience in management, relationship marketing, banking, corporate finance, human resource development, and strategic planning. Phil formally incorporated his consulting business as a co-founder of AspireOn in 1999. This established the entity to formally market results -based consulting services for the performance success of AspireOn clients. Drawing upon years of experience and practical knowledge combined with a forward focused direction for the future, AspireOn provides customized outcome based services in the areas of strategic positioning, leadership, talent, team, environment (culture) and organizational enhancement. Education: Affiliations: Eastern Washington University: B.A. - Finance Graduate Degrees in Specialized Programs: University of Washington: Pacific Coast Banking School University of Oklahoma: National Commercial Lending School University of Southern California: Strategic Planning Past Professional and Civic Affiliations: Board of the Chamber of Commerce Economic Development Council Adjunct faculty: Eastern Washington University Business School (Entrepreneurship and Strategic Planning). Phil provides ongoing leadership through a positive attitude, forward focused approach, intense motivation, communication abilities, enthusiasm, and competitive desire to bring success and optimum performance for the clients of AspireOn. t 14 A5p[CPOn. Alvia L. Henderson -Buckner Talent & Performance Architect AspireOn 9761 W. Sleepy Hollow Ln. Boise, ID 83703 Ph. (208) 853-6640 Fax (208) 853-6642 Summary: Twenty-one years experience with progressively increasing responsibilities in human resources management with Morrison Knudsen Corporation (now Washington Group International), an international design engineering, construction, mining & environmental company (revenues in excess of $2 billion). Expertise includes policy development, management consultation, employee counseling, conflict resolution, training and program development, recruiting, affirmative action compliance, international human resources, litigation support and negotiation. Eight years management/supervisory training program delivery experience with the Idaho State Department of Corrections. Worked with the City of San Francisco on a 2 billion dollar expansion of the San Francisco Airport in regard to assessing the capabilities of a program manager, evaluation of the use of disadvantaged and women owned business enterprises, and the ability of the teams to work in an integrated environment. Experience: Management Issues Designed, implemented and trained managers and employees in a corporate - wide performance review and career development program, shifting emphasis from documentation to goals identification, increasing employee/manager dialogue and achieving 45% compliance. Program provides information used for promotions, terminations, and training program design. This program is used by senior management to evaluate executive level staff. Managed Domestic and International Human Resources in two divisions and one subsidiary with employee populations from 250 to 1,200. Currently responsible as Sr. Vice President Human Resources, at Corporate policy making level, for all Human Resources functions, excluding Compensation and Benefits. Decreased operating budget by 50% while maintaining essential human resources services. Implemented corporate staff decentralization process resulting in eight million dollar annual corporate overhead reductions. Participated in two major acquisitions in two years, restructuring the human resources management organization and integrating the workforces of three companies totaling more than 39,000 employees. L -') 15 fAspirq,, International human Resources Management Designed compensation packages, working conditions and expatriate orientation programs. Managed corporate -wide international human resources program and policy development Achievements included: Revised method of paying certain employee premiums to minimize host country taxes. Employee Relations Developed and designed a division -wide Team —Building Program that reduced employee turnover and complaints and increased productivity. Provide counseling services to employees on work-related issues. Management Consultation Manage Employee Assistance/Drug Testing Programs service deliver. Recruiting/Affirmative Action Designed an Internal Skills Inventory that enables with E-mail capabilities to input their current employment needs and pull-up current on -file resumes of possible candidates. Organized a job fair for Engineering, Geological, and Accounting professionals that produced over 900 qualified applicants and resulted in 60 hires within 60 days. Designed and developed a recruitment advertising strategy that built company name recognition and maximized advertising dollars. Identified and implemented Corporate -wide Affirmative Action Plan analysis system eliminating manual computations and increasing plan compliance. Hands-on participation in Boise Office OFCCP Compliance Review, which resulted in a letter of compliance. Extensive experience with local, state, regional and federal compliance agencies/issues. 16 As'pirP.) Training Designed, developed and delivered Employee Review training program for managers/supervisors and employees, including career paths, career development overview, and Supervisor/Employee Workbooks Trainer's Guides. Managed corporate -wide leadership program to educate senior management personnel as to vision, direction, focus and goals of company's new executive management. Program acceptance resulted in more requests for participation than schedule would allow, with program being booked IS months in advance. Delivered short-term client systems training program (Crisis Intervention & Problem Resolution) to state employees and trained trainers in program delivery. Downsizing Wrote separation agreements for company personnel, from senior management on down, which have stood up to legal counsel and outside review without litigation or complaint. Directed and successfully managed elimination of international construction subsidiary involved in the infrastructure market. Designed, directed and achieved an overall 10% reduction in corporate staff, with no employee/company litigation. Reduced HR staff by 35% and cut operating budget by 50% without loss of essential services. Developed and implemented a downsizing/layoff policy that released 300+ employees with one litigation which was settled in the company's favor at the Federal Circuit level. Designed, established and managed an Outplacement Center with a 70% utilization rate and an 89% placement rate. Policy Development Strengthened company's employer/employee position by developing termination categories based on the "at -will" employment doctrine, modifying employee handbooks, applications and other communications tools. 17 fA�pinbr, Currently developing Alternative Dispute Resolution Policy to reduce discrimination and employment-related claims by providing employees with a vehicle, other than litigation, for dispute resolution and reducing costs by keeping matters in-house. Developed and implemented the company's first Family Leave and enhanced Maternity Leave policy. Education/Certification: Associations: Boise State University: Bachelor of Arts -- Psychology National Institute of Drug Abuse: Certified Trainer of Trainers National Society for Human Resource Management National EEO Committee Association of General Contractors Idaho Association on Affirmative Action Region 9 OFCCP/industry Liaison Group Boise State University — Center for Management Development Advisory Board Member Family and workplace Consortium — Advisory Board Member — (Statewide body devoted developing, supporting and fostering practices that support working families). United Way of Ada County Board Member 1$ Aspire,,_ Deanna L. Combs Program Quality Manager & Head Coach AspireOn 9761 W. Sleepy Hollow Ln. Boise, ID 83703 Ph. (208) 853-6640 Fax (208) 853-6642 Summary: Spent 20+ years as a manager, facilitator, mediator and leader in the Federal employment sector provided gaining a broad knowledge of the fundamental principles and essential building blocks of a healthy, high -functioning organization. Has developed a deep appreciation and skills to mediate resolutions, which heal human resource problems and result in peaceable and mutually agreeable solutions. Deanna's foundation in employee development and training has provided her the lifelong quest for learning and for making a contribution to any effort with which she participates. Experience: Management Consultant Evergreen Consulting Performed under contract with Fluor Daniel Hanford and DOE -RL Facilitated Strategic Planning, performance measurement planning and team improvement projects. Mediated workplace dispute cases and other conflicts to resolution HR Manager and Quality Program Director U.S. Department of Energy Managed Employee Relations and Training Programs Administered and managed Performance management Systems Managed staff and budgets for Federal Personnel Operations Directed the implementation of quality leadership and process analysis Managed the assessment of DOE programs and Performance Measurement Supervisory Personnel Specialist Bureau of Land Management Supervised a staff of Human Resource Specialists performing personnel services for BLM offices in the State of Idaho Managed the Performance Appraisal System and handled related employee dispute and grievances Represented BLM before the Merit Systems Protection Board Instructed coursed in Performance Appraisal, Employee Relations, and Labor Management Personnel Management Specialist U.S. Dept. of Energy Performed personnel management evaluations and activities Administered salary and pay actions Served on Headquarters task -teams for new agency program development Received promotions and awards for superior performances l 19 fAspir(bn- Personnel Specialist and Asst. Personnel Officer Civil Service Commission and U.S. Forest Service Established and conducted Civil Service Employment Testing Program Advisory services on Civil Service rules and regulations Provided direct assistance to Forest Service Districts in managing permanent and temporary employees Handled Union and Administrative grievances and appeals Education; 1966-1970 Idaho State University Pocatello, ID B.A., English Education Graduated Magna Cum Laude Completed Graduate coursework for Master of Public Administration Completed certification requirements and training in mediation services Completion of Management and Leadership training provided by the USDO Certifications/Associations: Certified MediatorNolunteer for Yakima/Kittatas County Dispute Resolution Center and Benton/Franklin Dispute Resolution Center Crisis Phone Line Volunteer for CONTACT, Help -line, Tri -Cities Member/Officer of Tri -City Women Investment Club 1 zo � J Aspire,,. THEREFORE, given a mutual desire by both parties to move forward on this project and mutual agreement on the project elements outlined herein, both parties hereby formerly agree to proceed on the project. AspireOn will commence work upon receipt of executed proposal from the City of Meridian. ASPIREON: AspireOn: DATED: By: Phil Stiffler Chief Storyteller CITY OF MERIDIAN: City of Meridian: DATED: By: Authorized Representative 6fAs'�pirq,,. )21 January 3, 2003 MERIDIAN CITY COUNCIL MEETING January 7, 2003 APPLICANT ITEM NO. `1 1 REQUEST Contract for Services with AspireOn for a Career Development Training Program for the Human Resources Department: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Information / Contract from HR Date: Phone: Materials presented at public meetings shalt become property of the City of Meridian. a Project Identified: Plan, Develop, and Implement a Centralized Management and Employee Career Development -Training Program by September 2003 Submitted To: Pauline Skeggs Human Resource Director MD Table of Contents ProjectScope............................................................... 3 Recommended Process to Accomplish Objectives ................... 4 ScopeOutline................................................................ 5 Position and Employee Needs Assessment ..................... 5 Manager/Leader Core Competency Assessment ............... 7 General Training Curriculum Identified (Training Toolbox) . 8 Design of Training and Development System .................. 9 Project Implementation..................................................... 10 Responsibilities of City of Meridian ...................................... 11 Miscellaneous Confidentiality....................................................... 12 Professional and Business References ................................... 13 AspireOn Project Managers to be Utilized on this Project Phil Stiffler Sr ........................................................ 14 Alvia Henderson -Buckner .......................................... 15 Deanna Combs ....................................................... 19 Aspire„_ Project Scope Proposal Date: 06/17/2002 Submitted to: Pauline Skeggs Human Resource Director City of Meridian Submitted by: AspireOn 9761 W. Sleepy Hollow Ln Boise, ID 83703 208.853.6640 AspireOn is pleased to respond to the identified project (Challenge #3 within the City of Meridian Strategic Plan) and have the opportunity to collaboratively provide the City of Meridian with proven services, methods, and tools. AspireOn looks forward to assisting the City in developing a customized and consistent system integrating values, goals, and objectives for the ongoing retention, growth, and enhancement of their talent assets (all staffj. AspireOn is committed to providing the most efficient process possible while maintaining the highest quality of service for a results oriented process to meet the City of Meridian's objectives. The City of Meridian has currently identified in their Strategic Plan the following project scope to plan, develop, and implement a centralized management and employee career development -training program by September 2003 (listed in order to be completed by on page 39 of the Strategic Plan): ® Conduct a broad based training needs assessment within all departments. ® Determine citywide and departmental core competencies. ® Design a general training curriculum (training "toolbox") with core and special skill courses identified. ® Identify, target, and prioritize key core courses from the "toolbox" to address needs and priorities. ® Identify special technical skills required in each department. 0- Design elements of an overall employee development and training system for implementation. The following scope of work responds to the identified objective for a needs assessment, but also outline ongoing elements reference above action items and ways in which AspireOn can assist to reduce time and cost to the City of Meridian. fMpinb, Recommended Process to Accomplish ®biectives The following is AspireOn's recommended process to address identified action items in order to create an integrated, targeted, consistent, and outcome based employee development and training system. AspircOn possesses considerable background and experience working with City and Public entities to assist in the development and success of their people and organization. AspireOn will utilize this intellectual capital in providing services to the City of Meridian. ® Identify core skill/knowledge competencies required for positions. In addition, survey for competencies and technical skills needed to achieve optimum performance of employees, management, and personnel collaboratively with the City of Meridian. o This element will fulfill a broad based training needs assessment within all departments. o This element will determine citywide and departmental employee core competences. o This element will identify special technical skills required in each department o Results of this element will not only provide functional position/employee requirements, but also provide key data base information for future updating of position descriptions by the Human Resource Department. o This effort will also provide information for a base level employee skills/competency database. ® Provide initial analysis for leadership/managers to identify current and needed competencies that support organizational objectives and strategic positioning for future growth. o This element will help determine citywide and departmental leadership/manger core competencies. o This element will provide immediate foundational leadership development training that can be utilized in ongoing efforts identified. o This training allows this group to provide enhanced input and information to this overall process. ® Provide a training "toolbox" outlining training needed in core competencies and special technical skills. o This element will provide for the design of a general training curriculum with core and special skill courses identified. ® Design a comprehensive and responsive system for an ongoing integrated and consistent employee development and training process. o This element will allow focused and targeted training of employees (to enhance retention, reduce turnover, facilitate succession planning, new employee training, and development for growth). ..) 4 Aspire,. Scope Outline Cost elements are provided based upon best estimates (up to X hours) for each segment of work. Actual hours will be documented and reported up to amount not to exceed limits noted. Position and Employee Needs Assessment — The following items outline an assessment process to identify core skill/knowledge competencies (broad based assessment in addition to special technical skills) required for positions at the City of Meridian as well as current general or common citywide and departmental core competencies desired for employees. A. Review all existing material (i.e. position description, data on previous training) to collect the best information available on required competencies, training, and positions within the City of Meridian. Up to 20 hrs of review and analysis 8 hrs of support B. Meet with Department Heads/Managers to collaboratively clarify, identify, and collect additional information needed on department specific and citywide training needs (reference special technical and functional competences for positions). Up to 12 hours of interviews/meetings C. Customize a competency evaluation survey using information gathered from Section T A and B to be distributed to each department. These surveys will target the identification of department/position specific competencies and technical skills needed to achieve optimum. performance. In addition, employees will respond with information reference training they have completed as well as their perception of training needed. D. Compile and review data collected 10 hrs of customization and creation 8 hrs of support 15 hrs of review and assessment 20 hrs of support 6 ..` fAspirq,, E. AspireOn recommends that "work groups" be identified at this time in each department to work collaboratively with AspireOn on validating, confirming, and clarifying findings. This will help to reduce overall time and cost to complete action items identified by the City. Additional meetings with Department Heads, Managers, and Supervisors may also be needed for required clarification. 20 hrs of interviews/meetings/further analysis and collaboration with "work groups" F. Define position competency descriptions from data collected (that address position needs, training, certifications, and education) 8 hrs of development 20 hrs of support G. Meet with HR, Department Heads and Managers to obtain validation and buy -off needs identified for completed position competency descriptions. Also in meeting with the Leadership/Managers of each department, identify core leadership elements (define what leadership is for the City of Meridian). Up to 25 hrs of meetings Total of Section I Not to Exceed: $14,665 Deliverables for Section I: Position competency descriptions and an inventory containing staff data from survey and management discussions. 6 Aspirbn_ 11. Manager/Leader Core Competency Assessment — To be done in conjunction with Section I to enhance validity and integrity of overall process by soliciting meaningful data for overall core competencies of Management/Leadership within the City of Meridian, which is different than the core competencies of the other staff. This section will identify those competencies (input for focused training) while also providing foundational training for ongoing efforts. A. Provide leadership foundation introduction and expectations of positive process to selected individuals. 2hr group session B. Provide a leadership emotional competency profile and leadership enhancement process for each department head and manager within the City (estimated at 20). (Also reinforces competencies required for managers/leaders of this group) Up to 20 profiles and analysis C. Provide a foundational coaching session with each to establish target areas of enhancement (1.5 hours per individual) and validate needed manager core competencies. Up to 30 hours of coaching Total of Section II Not to Exceed: $3.1,000 Deliverables of Section II: ® Leadership report reference core competencies and training needs as identified from core position needs assessment. ® Foundational Leadership Coaching ® Enhanced understanding of leadership/management responsibilities and behavioral accountabilities. 7 fAspinb,, III. General Training Curriculum Identified(Training Toolbox A. Using information collected through the positional needs assessment process (items I and II of this proposal), a "training toolbox" will be outlined identifying the training curriculum needed to meet the needs of and enhance performance within the City of Meridian. This curriculum "toolbox" will consist of a core manager/supervisor toolbox, and core toolbox for all employees, and additional needed programs to address department specific and function /position specific competency or special technical skill needs. Total of Section III Not to Exceed: $2,100 Deliverable of Section III; Toolbox menu. 15 hrs of development 15 hrs of support ) 8 Aspire,,,. IV. Design of Training -and Development S. st A. Cross reference position competency information with compiled data from all sources regarding relative level of training in order to focus and prioritize initial training needs. 10 hrs of analysis B. Work collaboratively with the HR Director to design a system for the ongoing integrated and consistent employee and leadership development training process. 40 hrs of development 6 hrs of meetings 15 hrs of support Total of Section IV Not to Exceed: $6,350 Deliverable of Section IV: Outlined and defined system for implementing and targeting training efforts. The system will: • Address program evaluation and/or development as applicable • Detail scheduling, budgeting, and tracking elements of training efforts • Integrate with Performance Management efforts as applicable • Integrate with succession planning and career pathing as applicable • Provide methods for evaluating and targeting training to individuals who need to participate in training programs. • Outline elements for maintaining a database of employee competencies and training received (development of a true ongoing "gap" analysis tied to focused training). • Address ramp -up training efforts for new hires or new managers/supervisors and integrate with orientation efforts. Alternatives methods to meet program needs once Section IV is completed: • Customize programs available (inclusive of train the trainer) • Evaluate, select, and contract for "toolbox" delivery by consultant • Fully develop internal programs • Identify (inventory) options for specialized/technical training \ 9 'j Aspire.,,. Project Implementation Upon execution of this document, AspireOn will take immediate action to begin planning, collaboration, and coordination with the HR Director to devise a plan of action that will optimize the implementation process. It is anticipated that Sections I and 11 as outlined above will be completed by April 15, 2003 (assuming a January 15' starting date). Remaining sections will be completed as expeditiously as possible and as collaboratively determined with the HR Director to meet deadlines. AspireOn anticipates (given scheduling availability) completion of this project ahead of the initial dates as referenced in the strategic planning document. -) 10 b Aspire,_ Responsibilities of City of Meridian I. Prepare appropriate information in a timely manner, relative to item one of the Project Scope, and provide to appropriate AspireOn representatives for review. II. Commit necessary time and coordinate scheduling of group and sub group sessions associated with accomplishing item one of the Project Scope. III. Commit necessary employee and applicable senior executive team time for collaboration and meetings relative to accomplishing the outlined Project Scope. N. Provide project endorsement, from the City Mayor and applicable senior executive level, communicating the importance and priority of the project to the organization. V. Identify initial group for leadership coaching, present coaching program appropriately, and facilitate scheduling of initial coaching sessions. VI. City of Meridian will provide us with a point of contact for all scheduling and information gathering. 11 fAspirq),. Miscellaneous CONFIDENTIALITY. City of Meridian understands that it may be necessary to provide AspireOn with access to certain confidential/proprietary information necessary to performing the work outlined under the Project Scope. AspireOn agrees not to disclose any confidential/ proprietary information learned as a result of this project without the specific written consent of City of Meridian. AspireOn fully understands that unauthorized disclosure of above described information may cause irreparable or severe damage to City of Meridian. ASPIREON: AspireOn: Submitted: By: Phil Stiffler Chief Storyteller d, Aspire.,,. 12 Professional & Business References 1. Jim Sanders General Manager Benton PUD 2721 West 10t" Avenue P.O. Box 6270 Kennewick, WA 99336-0270 (509) 582-1225 2. Ken Sugden General Manager Franklin PUD 1411 W. Clark P.O. Box 2407 Pasco, WA 99302-2407 (509) 546-5947 3. John Darrington City Manager City of Richland 505 Swift Building P.O. Box 190, MS #03 Richland, WA 99352 (509) 943-7381 4. Tim Rhodes CEO Provizio 2404 Bank Drive Suite #103 Boise, ID 83705 (208) 344-4814 5. Dan Presley Director of Sales Rapidigm 13555 SE 36" St Bellevue, WA (425)643-2010 6. Stan Arlt Public Works Director City of Richland 840 Northgate Drive P.O. Box 190, MS #26 Richland, WA 99352 (509) 942-7460 7. Bob Hammond Public Works Director City of Kennewick 210 W. 6r" Ave Kennewick, WA 99336-0108 (509) 585-4251 6 --) Aspire,_ 13 AspireOn Project Managers to be Utilized on this Project Phil Stiffler Sr. Chief Storyteller and Co -Founder AspireOn 9761. W. Sleepy Hollow Ln. Boise, ID 83703 Ph. (208) 853-6640 Fax (208) 853-6642 Summary: Phil has over thirty years of broad based practical business/corporate and consulting experience in management, relationship marketing, banking, corporate finance, human resource development, and strategic planning. Phil formally incorporated his consulting business as a co-founder of AspireOn in 1999. This established the entity to formally market results -based consulting services for the performance success of AspircOn clients. Drawing upon years of experience and practical knowledge combined with a forward focused direction for the future, AspireOn provides customized outcome based services in the areas of strategic positioning, leadership, talent, team, environment (culture) and organizational enhancement. Education: Affiliations: Eastern Washington University: B.A. - Finance Graduate Degrees in Specialized Programs: University of Washington: Pacific Coast Banking School University of Oklahoma: National Commercial Lending School University of Southern California: Strategic Planning Past Professional and Civic Affiliations: Board of the Chamber of Commerce Economic Development Council Adjunct faculty: Eastern Washington University Business School (Entrepreneurship and Strategic Planning), Phil provides ongoing leadership through a positive attitude, forward focused approach, intense motivation, communication abilities, enthusiasm, and competitive desire to bring success and optimum performance for the clients of AspireOn. ..) 14 Aspire,. Alvia L. Henderson -Buckner Talent & Performance Architect AspireOn 9761 W. Sleepy Hollow Ln. Boise, TD 83703 Ph. (208) 853-6640 Fax (208) 853-6642 Summary: Twenty-one years experience with progressively increasing responsibilities in human resources management with Morrison Knudsen Corporation (now Washington Group International), an international design engineering, construction, mining & environmental company (revenues in excess of $2 billion). Expertise includes policy development, management consultation, employee counseling, conflict resolution, training and program development, recruiting, affirmative action compliance, international human resources, litigation support and negotiation. Eight years management/supervisory training program delivery experience with the Idaho State Department of Corrections. Worked with. the City of San Francisco on a 2 billion dollar expansion of the San Francisco Airport in regard to assessing the capabilities of a program manager, evaluation of the use of disadvantaged and women owned business enterprises, and the ability of the teams to work in an integrated environment. Experience: Management Issues Designed, implemented and trained managers and employees in a corporate - wide performance review and career development program, shifting emphasis from documentation to goals identification, increasing employee/manager dialogue and achieving 45% compliance. Program provides information used for promotions, terminations, and training program design. This program is used by senior management to evaluate executive level staff. Managed Domestic and International Human Resources in two divisions and one subsidiary with employee populations from 250 to 1,200. Currently responsible as Sr. Vice President Human Resources, at Corporate policy making level, for all Human Resources functions, excluding Compensation and Benefits. Decreased operating budget by 50% while maintaining essential human resources services. Implemented corporate staff decentralization process resulting in eight million dollar annual corporate overhead reductions. Participated in two major acquisitions in two years, restructuring the human resources management organization and integrating the workforces of three companies totaling more than 39,000 employees. " 15 l fSpire., International human Resources Management Designed compensation packages, working conditions and expatriate orientation programs. Managed corporate -wide international human resources program, and policy development Achievements included: Revised method of paying certain employee premiums to minimize host country taxes. Employee Relations Developed and designed a division -wide Team Building Program that reduced employee turnover and complaints and increased productivity. Provide counseling services to employees on work-related issues. Management Consultation Manage Employee Assistance/Drug Testing Programs service deliver. Recruiting/Affirmative Action Designed an Internal Skills Inventory that enables with E-mail capabilities to input their current employment needs and pull-up current on -file resumes of possible candidates. Organized a job fair for Engineering, Geological, and Accounting professionals that produced over 900 qualified applicants and resulted in 60 hires within 60 days. Designed and developed a recruitment advertising strategy that built company name recognition and maximized advertising dollars. Identified and implemented Corporate -wide Affirmative Action Plan analysis system eliminating manual computations and increasing plan compliance. Hands-on participation in Boise Office OFCCP Compliance Review, which resulted in a letter of compliance. Extensive experience with local, state, regional and federal compliance agencies/issues. � \ 16 fMpirq,,. a Training Designed, developed and delivered Employee Review training program for managers/supervisors and employees, including career paths, career development overview, and Supervisor/Employce Workbooks Trainer's Guides. Managed corporate -wide leadership program to educate senior management personnel as to vision, direction, focus and goals of company's new executive management. Program acceptance resulted in more requests for participation than schedule would allow, with program being booked 18 months in advance. Delivered short-term client systems training program (Crisis Intervention & Problem Resolution) to state employees and trained trainers in program delivery. Downsizing Wrote separation agreements for company personnel, from senior management on down, which have stood up to legal counsel and outside review without litigation or complaint. Directed and successfully managed elimination of international construction subsidiary involved in the infrastructure market. Designed, directed and achieved an overall 10% reduction in corporate staff, with no employee/company litigation. Reduced HR staff by 35% and cut operating budget by 50% without loss of essential services. Developed and implemented a downsizing/layoff policy that released 300+ employees with one litigation which was settled in the company's favor at the Federal Circuit level. Designed, established and managed an Outplacement Center with a 70% utilization rate and an 89% placement rate. Policy Development Strengthened company's employer/employee position by developing termination categories based on the "at -will" employment doctrine, modifying employee handbooks, applications and other communications tools. ...) 17 fA�piry., Currently developing Alternative Dispute Resolution Policy to reduce discrimination and employment-related claims by providing employees with a vehicle, other than litigation, for dispute resolution and reducing costs by keeping matters in-house. Developed and implemented the company's first Family Leave and enhanced Maternity Leave policy. Education/Certification: Associations: Boise State University: Bachelor of Arts —Psychology National Institute of Drug Abuse: Certified Trainer of Trainers National Society for Human Resource Management National EEO Committee Association of General Contractors Idaho Association on Affirmative Action Region 9 OFCCP/Industry Liaison Group Boise State University — Center for Management Development Advisory Board Member Family and workplace Consortium — Advisory Board Member — (Statewide body devoted developing, supporting and fostering practices that support working families). United Way of Ada County Board Member ') 18 Aspire_ Deanna L. Combs Program Quality Manager & Head Coach AspireOn 9761 W. Sleepy Hollow Ln. Boise, ID 83703 Ph. (208) 853-6640 Fax (208) 853-6642 Summary: Spent 20+ years as a manager, facilitator, mediator and leader in the Federal employment sector provided gaining a broad knowledge of the fundamental principles and essential building blocks of a healthy, high -functioning organization. Has developed a deep appreciation and skills to mediate resolutions, which heal human resource problems and result in peaceable and mutually agreeable solutions. Deanna's foundation in employee development and training has provided her the lifelong quest for learning and for making a contribution to any effort with which she participates. Experience: Management Consultant Evergreen Consulting Performed under contract with Fluor Daniel Hanford and DOE -RL Facilitated Strategic Planning, performance measurement planning and team improvement projects. Mediated workplace dispute cases and other conflicts to resolution HR Manager and Quality Program Director U.S. Department of Energy Managed Employee Relations and Training Programs Administered and managed Performance management Systems Managed staff and budgets for Federal Personnel Operations Directed the implementation of quality leadership and process analysis Managed the assessment of DOE programs and Performance Measurement Supervisory Personnel Specialist Bureau of Land Management Supervised a staff of Human Resource Specialists performing personnel services for BLM offices in the State of Idaho Managed the Performance Appraisal. System and handled related employee dispute and grievances Represented BLM before the Merit Systems Protection Board Instructed coursed in Performance Appraisal, Employee Relations, and Labor Management Personnel Management Specialist U.S. Dept. of Energy Performed personnel management evaluations and activities Administered salary and pay actions Served on Headquarters task -teams for new agency program development Received promotions and awards for superior performances -fA 19 j plCPOr„ Personnel Specialist and Asst. Personnel Officer Civil Service Commission and U.S. Forest Service Established and conducted Civil Service Employment Testing Program Advisory services on Civil Service rules and regulations Provided direct assistance to Forest Service Districts in managing permanent and temporary employees Handled Union and Administrative grievances and appeals Education: 1966-1970 Idaho State University Pocatello, ID B.A., English Education Graduated Magna Cum Laude Completed Graduate coursework for Master of Public Administration Completed certification requirements and training in mediation services Completion of Management and Leadership training provided by the USDO Certifications/Associations- Certified Mediator/Volunteer for Yakima/Kittatas County Dispute Resolution Center and Benton/Franklin Dispute Resolution Center Crisis Phone Line Volunteer for CONTACT, Help -line, Tri -Cities Member/Officer of Tri -City Women Investment Club 20 Aspir��. THEREFORE, given a mutual desire by both parties to move forward on this project and mutual agreement on the project elements outlined herein, both parties hereby formerly agree to proceed on the project. AspireOn will commence work upon receipt of executed proposal from the City of Meridian. ASPIREON: DATED: AspireOn: By: Phil Stiffler Chief Storyteller CITY OF MERIDIAN: City of Meridia DATED: of v D By: 1 a <�' Authorized Representative a te d° ' 4 T���j� Pli'i7 ire G C Zy SEAL �v -) 21 Aspire,,,. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR BRIDGETOWER CROSSING EAST SUBDIVISION, LOCATED BETWEEN USTICK AND McMILLAN ROADS AND BETWEEN TEN MILE AND LINDER ROADS, MERIDIAN, IDAHO BY: PRIMELAND DEVELOPMENT, APPLICANT CIC 10/22/02 Revised 01-06-03 Case No. PP -02-014 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on October 22, 2002, and Brad Hawkins -Clark, Interim Planning Director, for the Planning and Zoning Department, Becky Bowcutt, and Warren Watson, appeared and testified, and the Council acknowledges the concerns of Brian L. and Margaretha M. English in their letter dated April 19, 2002, and the City Council having received a report from Brad Hawkins -Clark of the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT BRIDGETOWER CROSSING EAST SUBDIVISION, PARCELS OF LAND LOCATED IN SECTION 35, TOWNSHIP 4 NORTH, RANGE I WEST, B.M., ADA FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDEGTOWER CROSSING EAST SUBDIVISION — (PP -02-014) COUNTY, IDAHO, DWG DATE: 06/27102, REVISION: 10/11/02 BY: BKB 12/13/02 BY: BKB, STAMPED DATE: RECEIVED DEC 19 2002 CITY OF MERIDIAN CITY CLERK OFFICE, DWG NO. 20401, SHEET: I OF 3 PREL,120401-PRE.DWG BKB, PRIMELAND DEVELOPMENT CO., LLP — DEVELOPER, BECKY BOWCUTT — PLANNER, BRIGGS ENGINEERING, INC. — ENGINEERS PLANNERS SURVEYORS", Primeland Development, LLP submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT I . That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned (R-4) Low Density Residential, and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 C] 2. The preliminary plat is in conformance with the Comprehensive PIan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that public services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDEGTOWER CROSSING EAST SUBDIVISION — (PP -02-014) 2 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Engineering Technician III and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT BRIDGETOWER CROSSING EAST SUBDIVISION, PARCELS OF LAND LOCATED IN SECTION 35, TOWNSHIP 4 NORTH, RANGE I WEST, B.M,, ADA COUNTY, IDAHO, DWG DATE: 06127102, REVISION: 10/11/02 BY: BKB 12/13/02 BY: BKB, STAMPED DATE: RECEIVED DEC 19 2002 CITY OF MERIDIAN CITY CLERK OFFICE, DWG NO. 20401, SHEET: 1 OF 3 PREL, 120401-PRE.DWG BKB, PRIMELAND DEVELOPMENT CO., LLP —DEVELOPER, BECKY BOWCUTT — PLANNER, BRIGGS ENGINEERING, INC. — ENGINEERS PLANNERS SURVEYORS". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDEGTOWER CROSSING EAST SUBDIVISION — (PP -02-014) 3 DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT BRIDGETOWER CROSSING EAST SUBDIVISION, PARCELS OF LAND LOCATED IN SECTION 35, TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M., ADA COUNTY, IDAHO, DWG DATE: 06127102, REVISION: 10/11/02 BY: BKB 12/13/02 BY: BKS, STAMPED DATE: RECEIVED DEC 19 2002 CITY OF MERIDIAN CITY CLERK OFFICE, DWG NO. 20401, SHEET: I OF 3 PREL,120401-PRE.DWG BKB, PRIMELAND DEVELOPMENT CO., LLP — DEVELOPER, BECKY BOWCUTT — PLANNER, BRIGGS ENGINEERING, INC. — ENGINEERS PLANNERS SURVEYORS", is hereby conditionally approved; and 2. The conditions of approval are as follows to -wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: General Applicant shall modify the Preliminary Plat to re -number the lot and block numbers associated with Block 20 on Sheet 1 of 3. Specifically, the block starting at the southeast corner of N. Palatine Way and W. Los Flores Drive should become a different block than number 20. Submit a revised Preliminary Plat with corrected numbering at least ten (10) days prior to the City Council hearing. 2. The developer must coordinate with Joint School District No. 2 to ensure all necessary public infrastructure is constructed to serve the school lot prior to the District receiving building permits for the elementary school. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDEGTOWER CROSSING EAST SUBDIVISION — (PP -02-014) 4 3. Add the "Right to Farm" note to the plat. 4. Obtain a letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5. The Applicant shall coordinate the piping of the waste ditch with Mr. and Mrs. English regarding the English's waste drainage and continuation and non disruption of such waste drainage. Public Works Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2. Sanitary sewer service to this site shall be via construction of new mains to the newly installed White Trunk Line. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. Water service to this site is being proposed from extensions of existing mains. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. 4. The developer shall be responsible for the payment of sewer and water assessment fees, as well as the actual physical connection of the existing homes located within the boundaries of this subdivision. 5. Underground pressurized irrigation must be provided to all landscape areas on site. Due to the landscape area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by and association or and Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the Pressurized irrigation system O&M manual must be submitted prior to plan approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDEGTOWER CROSSING EAST SUBDIVISION — (PP -02-014) i 6. The soils investigation report submitted with the application indicates that groundwater was encountered within the project site. Design engineer shall provide a statement of compliance, prior to the approval of development plans, that certifies that the centerline finish grade of the streets, public or private, is at least three feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least one foot above the high groundwater. 7. Submit any updated soils/groundwater monitoring data collected since the initial investigation date. 8. All proposed permanent and temporary sanitary sewer construction easements have been shown on the Preliminary Plat map. 9. If Settlers' Irrigation District easements on the Settlers Canal, White Drain, or Coleman Lateral encroach into buildable lots, provide a copy of the executed encroachment agreement with the Settlers' District, indicating how the land underlying these easements may be used, prior to signature on the final plat. If encroachment is not granted, the easement area will need to be removed from the building lots. Streets/Pathway_s 1. Per Ordinance 12-13-10-8 (Landscape Ordinance, Parkways), provide detached sidewalks adjacent to McMillan Road and Linder Road. The minimum width of the parkway area between the curb and sidewalk is five (5) feet. 2. In accordance with Ordinance 12-4-5 (Block Lengths), add a new stub street between Lots 31 and 33, Block 26. Submit a revised Preliminary Plat that complies with this design. 3. Applicant shall be required to construct open -vision fencing or four -foot -high solid fencing (max.) along both sides of all micropaths. Lattice that is at least 80% open shall be allowed atop a four -foot solid fence. The developer shall place a deed restriction on the residential lots adjacent to these micropaths to prohibit the construction of any fencing on the residential lot higher than four feet on the sides adjacent to the pedestrian walkway lot. 4. Applicant has agreed to add an additional stub street south of Lot 31. Such stub street shall be an extension of what is identified on the preliminary plat as San Remo Street. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDEGTOWER CROSSING EAST SUBDIVISION — (PP -02-014) 6 S. Applicant has agreed to extend the island on Los Flores street at the entrance to Block 32. Landscaping/Fencing A permanent, six-foot high, solid fence shall be constructed along the perimeter of the subdivision adjacent to existing agricultural land. Said fencing shall be constructed prior to applying for building permits in each phase. Submit detailed fencing plans for review and approval with submittal of each Final Plat application. A letter of credit or cash will be required for all fencing prior to signature on the Final Plat. No fencing is permitted within required landscape buffers. 2. A detailed landscape plan for the common areas, pathways, and types of construction shall be submitted for review and approval with the submittal of each Final Plat application. The landscape plan must include sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, etc., prior to signature on the Final Plat. 3. Applicant shall submit detailed grading plans of the stormwater ponds for review and approval by the Public Works Department with each Final Plat application. 4. All stormwater ponds shall be designed in accordance with Ordinance 12-13-14. 5. Per the Landscape Ordinance (12-12-13), a minimum of one (1) deciduous shade tree per 5,000 sq. ft. must be planted upon all common open space lots. Blocks and Easements 1. The preliminary plat has been modified to reflect the easement for Settler's Canal. If the easement encroaches into the lots, the Applicant must submit a copy of a letter from the appropriate irrigation district stating there are no foreseeable problems with this encroachment into the irrigation easement. Prior to signature on the Final Plat, submit a copy of an encroachment agreement granting the final approval of said building encroachments. 2. The preliminary plat has been modified to reflect the easement for the Coleman lateral. If the easement encroaches into the lots, the Applicant must submit a copy of a letter from the appropriate irrigation district stating there are no foreseeable problems with this encroachment into the irrigation easement. Prior FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDEGTOWER CROSSING EAST SUBDIVISION — (PP -02-014) 7 to signature on the Final Plat, submit a copy of an encroachment agreement granting the final approval of said building encroachments. Additional Conditions 1. Relationship of Preliminary Plat to PD Concept: The following note (on page 10, Item #12) was included in the Decision and Order Granting the CUP for Bridgetower Crossing, outlining how the subject application corresponds to the approved PD application: "This project is approved in concept only. The concept includes: maximum number of residential lots not to exceed 692 (does not include townhouse lots), mixed uses, school site, setbacks, collector roadways, amenities and open space. The applicant recognizes that the approval is in concept only and that detailed approval shall be required by submittal of all appropriate applications, including, but not limited to, preliminary plat or plats and conditional use permit or permits. The detailed approval shall be subject to all applicable Ordinances unless otherwise approved under the original Planned Unit Development application. " 2. Phasing Plan: The phasing order shown on the Preliminary Plat differs from the phasing shown on the approved PD. The Applicant shall clarify for the P&Z Commission which phasing shall be followed. Specifically, the developer must coordinate with Joint School District #2 to ensure all necessary public infrastructure is constructed to serve the school prior to the District receiving building permits for the elementary school (currently shown in Phase 1 but abutting Phases 3, 5, and 6 of Bridgetower Crossing East). Applicant shall have the authority and flexibility to work with Planning and Zoning staff to resolve minor changes in the phasing plan. 3. Street Sections: The application states the local street sections will be 33 feet wide with ACHD's approval. 4. Settler's Irrigation District has agreed to allow the Developer to install a 12 -foot - wide pathway along the White Drain for use by the public. Settler's additionally wants the City of Meridian to enter into an agreement with the District similar to the NMID agreement. B. Adopt the Meridian Fire Department Recommendations as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELM41NARY PLAT BRIDEGTOWER CROSSING EAST SUBDIVISION — (PP -02-014) 8 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Commercial and office occupancies will require a fire -flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 3. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. 4. Acceptance of the water supply for fire protection will be by the Meridian Water Department. S. Final Approval of fire hydrant locations shall be by the Meridian Fire Department. 6. All roads shall have a turning radius of 28' inside and 48' outside. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 8. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. Typical street width of 34' will be allowed to have parking on both sides. The typical collector street with a width of 29' will be required to have restricted parking to only one side. Restricted parking will be required for Blocks 2, 58, 57, 20, 36, and 28. 9. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 10. 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 turnaround. 11. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. C. Adopt the Recommendations of the Ada County Highway District's report dated August 7, 2002, including both the Site Specific Requirements of Approval and. the Standard Requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDEGTOWER CROSSING EAST SUBDIVISION — (PP -02-014) 9 D. Adopt the comments of Sanitary Service as follows: 1. Pertaining to the waste enclosure designs, further review shall need to be done for the school, offices and club house. E. Adopt the Requirements of Nampa & Meridian Irrigation District as follows: 1. A Land Use Change/Site application shall be filed with the District. 2. All laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code §31-3805. F. Adopt the comments of the Water Department as follows: 12" water mains on North Linder and North Ten Mile Roads shall need to be extended. G. Adopt the Recommendations of the Central District Health Department in their report dated 7/18102. H. Adopt the comments of the Meridian Police Department as follows: 1. The Police Department cautions that this development, along with the other current and pending projects in the area, are forcing the need for major expansion and improvement on all major roadways currently in this developing area. Traffic needs shall have to be addressed in the very near future. I. Adopt the action of the City Council taken at their October 22, 2002 meeting, and for further clarification, Applicant shall: 1. The Applicant shall comply with all the conditions of Settler's Irrigation District. 2. For clarification, the Developer shall pipe the waste irrigation ditch that exits the English property, and provide all necessary easements. 3. The Developer relocated the entrance along Linder Road south about 25 to 30 feet. This is at the request of Mr. and Mrs. English due to the lights on the outbound lane so that they would not shine into their windows. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDEGTOWER CROSSING EAST SUBDIVISION — (PP -02-014) 10 4. The Developer has provided another stub street along the eastern boundary for a second means of access in the future out of that eastern boundary. Phasing Plan: The phasing order shown on the Preliminary Plat differs from the phasing shown on the approved PD. The Applicant shall clarify for the P&Z Commission which phasing shall be followed. Specifically, the developer must coordinate with Joint School District #2 to ensure all necessary public infrastructure is constructed to serve the school prior to the District receiving building permits for the elementary school (currently shown in Phase 1 but abutting Phases 3,5, and 6 of Bridgetower Crossing East). Applicant shall have the authority and flexibility to work with Planning and Zoning staff to resolve minor changes in the phasing plan. 6. The Planning and Zoning and Public Works Department shall have the opportunity to review and approve the Settler's Irrigation License Agreement. 7. A 12 -foot -wide asphalt, public pathway shall be constructed along the White Drain, and said pathway shall be placed within a public pedestrian easement and allowed to have a four -to -one slope on both sides so that it meets the ditch safety standards. 8. The Homeowners Association shall be responsible for all light maintenance, such as: picking up trash, mowing, weeding, anything along manicuring and caring for the turf along the pathways and common areas. 9. The Settler's District shall be responsible for heavy maintenance, such as: cleaning out the ditch, and Applicant shall provide vehicular access for the District to access the ditch. 10. The City of Meridian shall be responsible for maintaining the 12 -foot -wide asphalt pathway. By action of the City Council at its regular meeting held on the day of C�fve.rcGin , 2003. 67 ROLL CALL COUNCILMAN BIRD VOTED�� COUNCILWOMAN deWEERD VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDEGTOWER CROSSING EAST SUBDIVISION — (PP -02-014) 1 I COUNCILWOMAN McCANDLESS COUNCILMAN NARY VOTEDT$C. VOTED�? MAYOR ROBERT D. CORRIE VOTED (TIE BREAKER) Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. \\``Sisr,tt�lt3tt�r�� BDated: .� o City Clerk e; t ZAWork\M\Meridian\Meridian 15360W3ridgetower Crossing East Sub PP02-014\FfC1s0rdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRiDEGTOWER CROSSING EAST SUBDIVISION — (PP -02-014) 12 January 3, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Discussion of Centennial Celebration: January 7, 2003 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS Pre -Council Meeting ITEM NO. 7 :o a dinner and a y show, Coles has city for the costs le trip, which he d as a bonus for .ttorney. ?man, Coles' chief resigned at the quest last month ,ho accompanied or on the New was responsible :eing spending in is office. ice has until Feb. ct the signatures 18,693 registered ers. If she does, mayor chooses ign, a recall elec- d be scheduled. ias said he will ay's Youth Page: ming during see- d, Capital High idents are greet - )me of the most video -produced rnents in the na- esy of seniors In Lool's video - n class. aho Statesman )e fair and accu- )f our coverage. ill seek and re- .zth in a truthful 11 serve the pub - ill exercise fair ill maintain our rice. ill act with in - ave a concern ccuracy or fair - call 377-6405. r.,- FA/..- -- story, for inst, -!e. Or video fry._. -1 local television news. The reason for all the fuss? Andrew was the first baby born in Boise in 2003. Andrew, whose re- vised due date was Jan. 1, was born at 3:41 a.m. at Saint Alphonsus Region- al Medical Center to lAUL11"16 Lu UU Vv1L111L. "He really came out kickin'. It's very special." Andrew, already a me- dia pro, slept contentedly during Wednesday's in- terviews. The New Year's baby weighs 8 pounds and 8 ounces, is 21 inches long, and is in great health, hospital offi- cials said Wednesday. While the couple's first 11VU16 4.LLL1161 cLL1U plVvlt1- ed a family deduction on their 2002 income-tax re- turn. "He is a typical kid — he went right for the gifts but skipped the (tax) de- duction," proud grand- mother Vicki Fleshman said to a chorus of laughs from family members in the room. "Man, I wanted the de - its 100th birtliday Party particulars That's what all the hoop b have not yet been decided By Jonathan Brunt The Idaho Statesman For the second time in a decade, Meridian will cele- brate its centennial. This year marks the 100th anniversary of the city's in- corporation. But the anaiversary comes just 10 years af- ter Meridianites com- memorated the cen- tennial of the town's formation, so cin- offi- cials are uncertain about just ho«' much pomp is necessan- this time around. First, a little history. The Independent Order of Odd Fellows estab- lished a chapter on the town site and named it Meridian on Aug. 17,1893. The next day Christian Zenger, whose wife owned the land that would become Meridian, filed a plat for the town with the Ada County Recorder's office. la was a out during the city's first centennial. In 1993, the city held a chili competition, a mustache -growing contest and a ball, and organized three centennial -themed parades. The town, however, did not incorporate until Aug. 1, 1903, and that's what all the ado will be about this time. City officials haven't de- cided how they will celebrate the city's century mark but have budgeted 520,000 for festivities. Councilman Keith Bird, who served on a committee that worked on the 1993 centennial, said he ex- pects the 2003 obser- vances to be just as big, if not bigger, than the early -'90s cele- bration. "This is the one that counts," Bird said. But Mayor Bob Corrie said the 1893 date is more impor- tant, and that the 2003 fes- tivities likely will reflect that. "This will be more of just a one -day event," Corrie said. "I doubt it will be that big this time." The Meridian Historical Society is sel li ng calen- dars with historical photos to celebrate the centenni- al ofthetown's incorpora- tion. They are available for $15 in the City Clerk's of- fice at City Hall, 33 E. Ida- ho Ave,, and at Something Special Antiques, 134 E. State Ave. The Meridian Historical Preservation Commission will start discussions soon about what to do to showcase Meridian history during the centennial, said Malcolm MacCoy, a member of the group. He said officials may have to do some explaining to folks confused about whr there's only' 10 years between cite centennial celebrations. '1�1e're going to have to put a lot of information out there so they understand what we're doing," MacCoy said. To offerston, Ideas or com- ments, contact reporter JonathanBruntat jbrunt@idahostatcsman.com or377-6418. - gR ...,l"'Fr;^�d�+,**^xw_ �;r ,r ���mtsi �^y-..'w.., ys:E.«n•�_w.- - -k i. " - - 114".1U aspirat the Fle ball." "I di footba pant)," A qu be nict Andre, low the of play sive or tc d P C. 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" L REQUEST Sewer and Water Easement, Cooper Canyon Subdivision -- Wildwood Development, LLC: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Memo / Easement P-ro vy----" Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. To: Sharon Smith From: Gary D. Smith, PE CC: fife ®ate: December 24, 2002 Re. Easements — Council Approval x%CEIVET'�' DEC 2 6 2002 City OfAferidi City Clerka-n O Hi Sharon: I would appreciate it if you could put the following listed easements on the next available City Council Consent Agenda: 1. Cooper Canyon/Paddington Subdivision: This is a multi -family development located east of Locust Grove Road and takes access to the south off of Wilson Lane. It is south and west of D&B Supply. This easement contains a public sewer and water line to serve the multi -family buildings on this site. 2. Cedar Point Building: This easement contains a City water main providing fire protection to this commercial building, which is located on Lots 415, Block 2 in the Silverstone Subdivision, located at the southeast comer of Overland and Eagle Rd. 3. Meridian School District: The following two easements concern the School District. Thanks, ® Page 'I a. Meridian High School: This easement contains a water line providing service to the High School from Linder Road and from Pine Street. b. Locust Grove Elementary School: This easement will contain a waterline providing water service and fire protection for the soon to be constructed Locust Grove Elementary School, located north and east of the present Charter School. From the desk of... Gary D. Smith, P8 Public Works Director Meridian Public Works Department 660 E Watertower Lane, Suite 200 Meridian, Idaho 83642 (208) 8985500 Fax: (208) 887-1297 C�ty,of s Meridian x r � - Public Wvrks Dept TG: Gary S. From: Jeff McFrederick CC: File Date: 12/19/2002 Re: COOPER CANYON 1 PADDINGTON SUBDIVISION Gary: 660 E. Watertower, Suite 200 Meridian, Idaho 83642-2631 Phone: (208) 898-5500 Fax: (208) 887-1297 Attached is the Sewer & Water Easement paperwork for the Cooper Canyon Project. Please let me know if there is anything else I need to do. Jeff 12//9102 0 Page 1 From the desk of... Jeff McFrederick Engineering Technician Meridian Public Warks Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642-2600 (20B) 898-5500 Fax. (208) 887-1297 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day ofd, 20 Oz. between . ljtldw004 �ey., LLC_1 the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this casement. Sanitary Sewer and Water Main Easement Page l EASMT.SW.doe THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush_ or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. STATE OF IDAHO } } ss County of Ada } On this day of c -e- . e 200 Z ,before me, the undersigned, a Notary Public in and for said State, personally appeared C vi �m OLcr and 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 aboypwrrttou,, �.. Sloss, f''•,, ,'b. .4.... C1` °,, •� �4-,ea• s'� i SOT AR Y • ° o P U Sanitary Sewer and Water MalSelhenr' L- SMT.SW.doc NOTARY PUBLIC FOR IDAHO Residing �Botse- , QL, Commission Expires: 8 j t 0 Page 2 at Rd a- GRANTEE: CITY OF MERIDIAN Robert D. Carrie, Mayor Attest by Wilham G. Berg, City Clerk Approved By City Council On: Sanitary Sewer and Water Main Easement Page 3 EASMT.SW.doc ma � C 7 a � m . F pa � 03 Vl I 9�c1 I I i moo �u s I Oq� v~� 0 o�w a ^y O —a�n O hosux a �v owo, ma � C 7 a � m . F pa � 03 Vl I 9�c1 I I i �a l 4 j C 4 4 B L �u s I O a —a�n hosux a �v �a l 4 j C 4 4 B L �u s I �a l 4 j C 4 4 B L Project: 01067 Date: June 3, 2002 Sheet: 1 of 2 EXHIBIT "A" A parcel of land situated in the NW 1/4 of Section 8, T.3N., R.l IF., B.M., City of Meridian, Ada County, Idaho, being a portion of Lot 7 of Pleasant Valley Subdivision, according to the official plat thereof recorded in Book 12 of Plats at Page 665, Ada County Records being more particularly described as follows: CO1v I ENCING at the northwest corner of said Section 8, from which corner, the west 1/d corner of said section bears, 5.00°00'23"W., 2649.56 feet; thence, along the westerly line of said section, A) 5.00°00'23"W., 455.00 Feet to the intersection with the centerline of E. Wilson Lane as shown on Record of Survey No. 33963; thence, along said centerline, B) N.89034'40"E., 1038.12 to the intersection with the westerly line of said Lot 7; thence, along said westerly line, C) 5.00°00'23"W., 28.00 feet to a point on the southerly right-of-way line of said E. Wilson Lane; thence, along said southerly line, D) N.89°34'40"E., 106.10 feet to the POINT OF BEGINNLNG; thence, continuing, 1) N.89°34'40"E., 30.00 feet; thence, 2) 5.00°00'00"E., 240.34 feet; thence, 3) 5.90°00'00"E., 10.00 feet; thence, 4) 5.00°00'00"W., 14.79 feet; thence, 5) 5.90°00'00"E., 66.16 feet; thence, 6) 5.00°00'00"W., 430.00 feet; thence, 7) N.90°00'00"W., 76.82 feet; thence, 8) 5.00°00'00"W., 164.76 feet; thence, 9) 5.90°00'00"E., 112.40 feet to a point on the westerly Line of Lot 2, Block 1 of Elliott Park Subdivision according to the official Plat there recorded in Book 82 of Plats at Pages 8914 and 8915, Ada County records; thence. along said westerly line_ 10) 5.00004'03"E.. 20.00 fee€: thence. Project: 01067 Date: June 3, 2002 Sheet: 2 of 2 1I)N.90-00'00"W., 34.11 feet; thence, 12)5.00°00'00"W., 20.00 feet; thence, 13)N.90°00'00"W., 108.32 feet; -thence, 14)N.00°00'00"E., 234.76 feet; thence, 15)5.90°00'00"E., 39.97 feet; thence, 16)N.00000, 00"E., 10.00 feet; thence, 17)5.90.00'00"E., 20.00 feet; thence, 18)5.00.00'00"W., 10.40 feet; thence, 19)5.90.00'00"E., 16.85 feet; thence, 20)N.00°00'00"E., 370.00 feet; thence, 21)N.90 -00'00"W., 76.16 feet; thence, 22)N.00°00'00"E., 284.90 feet to the POINT OF BEGINNING. CONTAINING 0.81 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights -of -Way, and Easements of Record. EXHIBIT "B" attached, and by this reference made a part hereof. I `:�_3_� of �' OF 0 January 3, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST City Council Election of Officers: January 7, 2003 AGENCY COMMENTS ITEM NO. ! y CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: W CITY FIRE DEPT: �' [ CITY BUILDING DEPT: f CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: 4, ' MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: v �/ 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 tate City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 1.19.83ACRES FOR PROPOSED HAVASU CREEK SUBDIVISION, LOCATED SOUTH OF McMILLAN ROAD AND WEST OF LOCUST GROVE ROAD, MERIDIAN, IDAHO FARWEST, LLC, APPLICANT CIC 12-10-02 Case No. AZ -02-022 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on December 10, 2002, at the hour of 7:00 p.m., and Brad Hawkins -Clark Interim Director for the Planning and Zoning Department, Brad Watson of the Public Works Department, Becky Bowcutt, and Laird Graham, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HAVASU CREEK (AZ -02-022) and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, and is approximately 119.83 acres in size, is located south of McMillan Road and west of Locust Grove Road, Meridian, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owners of record of the subject property are Maclocust, LLC, 4487 N. Dresden Place, Ste. 102, Garden City, Idaho 83714 and Renata Ham, 555 E. McMilIan Road, Meridian, Idaho 83642; and the applicant is Farwest, LLC 4487 N. Dresden Place, Ste. 102, Garden City, Idaho 83714. 5. The property is presently zoned RUT, and consists of agricultural land. 6. The Applicant requests the property be zoned as R-4 with a Planned Development for Low Density Residential homes, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Low Density Residential and Medium Density Residential. 7. The subject property is bordered to the north by multiple rural residential properties, zoned R-8, to the south by Quenzer (Heritage) Commons Subdivision, zoned RUT (Ada County), to the east by multiple rural residential properties, zoned RUT (Ada County), and to the west by rural residential, zoned RUT (Ada County). 8. There are no significant or scenic features of major importance that affect the consideration of this application, any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIHAVASU CREEK (AZ -02-022) 9. The City Council recognizes the concerns of Carl and Bonnie Reiterman expressed in a letter submitted by David Irish, W & H Pacific, dated October 30, 2002. 10. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. B. Adopt the following Recommendations of the ACRD 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 ACRD 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 ACRD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACRD 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HAVASU CREEK (AZ -02-022) 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 ACRD. 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. 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. If the 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, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 11. Construct Casa Grande Street to extend to the west property line approximately 440 -feet north of the south property line, as proposed. Install a sign at the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HAVASU CREEK (AZ -02-022) 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 of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 13. Construct Nankoweap Street to extend to the west property line approximately 180 -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 approximately1,550-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the 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, "THIS 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, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 17. Construct Bright Angel Avenue 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, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 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 of the roadway stating that, "THIS 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 of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 20. Construct Kaibab Trail Drive to extend to the east property line approximately 820 -feet north of the south property line, as proposed. Install a sign at the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/14AVASU CREEK (AZ -02-022) f:. 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 corner 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 100 -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 of the 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, 357-6140. 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. Standard Conditions „of -A pp roval Any existing irrigation facilities shall be relocated outside of the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/11AVASU CREEK (AZ -02-022) 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 of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 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 ACRD 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HAVASU CREEK (AZ -02-022) 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the 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 III -A. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 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. All roads shall have a turning radius of 28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. 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. D. Additionally, comply with the action of the Council taken at their December. 10, 2002 meeting 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 of 25 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HAVASU CREEK (AZ -02-022) in the letters submitted into the public record. 11. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 10, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 12. It is also found that the development considerations as referenced in Finding No. 10 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 13. It is found that the zoning of the subject real property as Low Density Residential (R-4) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Low Density and Medium Density Residential. 14. The subject annexation request and zoning designation and proposed . development relates to and is harmonious and compatible with the goals and policies of the effective Comprehensive Plan ('02) and Future Lane Use Map, which designates the land to be Medium Density Residential and Low Density Residential. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HAVASU CREEK (AZ -02-022) future. 15. It is not anticipated that the applicant intends to rezone the subject property in the 16. It is found that the proposed single family residential subdivision will be allowed within the requested R-4 zone, (if accompanied with a Conditional Use Permit for a Planned Development, of which said Conditional Use Permit is Case No. CUP -02-028.). 17. It is found that the land to the south is being developed in a manner similar to the proposed subdivision. Additionally, it is found that the requested zoning designation of R-4 is harmonious with the recently approved adjacent development and should be rezoned in the requested manner. 18. It is found that the proposed uses (single family residential and public school) will not change the existing or intended character of the area which is low density residential. 19. It is not anticipated that the proposed residential uses will be hazardous or disturbing to future or existing neighbors. 20. It is found that the property to be annexed will be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. Additionally, ACRD, the Police and Fire Departments submitted comments concerning this subdivision. 21. It is found that there will not be excessive additional requirements at. public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 22. It is found that the proposed subdivision will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. The FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HAVASU CREEK (AZ -02-022) fact is recognized that traffic and noise will increase with the approval of this subdivision; however, it is felt that the amount generated will not be detrimental to the public welfare of the city. 23. It is found that the subdivision's vehicular approaches off of Locust Grove and McMillan Roads will create new interference with the existing traffic on aforementioned roads, however, it is not believed that the subdivision entrances will cause significant interference on the surrounding public streets. ACHD has also submitted comments pertaining to the vehicular approaches and traffic generation. City. 24. It is found that the annexation of this property would be in the best interest of the CONCLUSIONS OF LAW The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 I AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HAVASU CREEK (AZ -02-022) 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive flan and are applicable to this Application: Goals 1 through 10, inclusive. 5. The zoning of Low Density Residential (R-4) is defined in the Zoning Ordinance at § 11-7-2 C as follows: (R-4) Love Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burtvs. The City of Idaho Falls,, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the "City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HAVASU CREEK (AZ -02-022) Order: The applicant's request for annexation and zoning of approximately 119.83 acres to Low Density Residential (R-4) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 119.83 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development, to -wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for nondomestic purposes such as landscape irrigation. B. 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HAVASU CREEK (AZ -02-022) 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 4195). 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 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 4195). 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. 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. If the 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HAVASU CREEK (AZ -02-022) 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, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 11. Construct Casa Grande Street to extend to the west property line approximately 440 -feet north of the 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 of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 13. Construct Nankoweap Street to extend to the west property line approximately 180 -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 of the 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, "THIS 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, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 17. Construct Bright Angel Avenue 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, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HAVASU CREEK (AZ -02-022) 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 of the roadway stating that, "THIS 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 of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 20. Construct Kaibab Trail Drive to extend to the cast property line approximately 820 -feet north of the 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 corner 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 100 -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 of the 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HAVASU CREEK (AZ -02-022) 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. 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. S. 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 ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance 9195, 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 ACRD. The applicant shall be required to call DIGLM FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HAVASU CREEK (AZ -02-022) (1-800-342-1585) at least two full business days prior to breaking ground within, ACHD right-of-way. The applicant shall contact ACRD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from. the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the 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 III -A. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 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 of 28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 A minimum of two points of access will be required for any portion of the project, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HAVASU CREEK (AZ -02-022) 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. D. Additionally, comply with the action of the Council taken at their December 10, 2002 meeting 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 of 25 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 letter submitted into the public record. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Low Density Residential District, and Meridian City Code § 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21 -1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of </!-�G� 492Z®o3 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HAVASU CREEK (AZ -02-022) ROLL CALL COUNCILMAN KEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTEDZ- COUNCILWOMAN CHERIE Mc CANDLESS VOTED 6eci- COUNCILMAN WILLIAM L.M. NARY VOTED_gif!�— MAYOR ROBERT D. CORRIE (TIT BREAKER) VOTED DATED: 1-7-03 MOTION: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. i44kflkil�ifl By Al --_- � Dated: City Clerk ZAWork\M\MeridianlMeridian 15360M\Havasu Creek Sub AZ02-022 PP02-019 :�. -LAL 0281Frder. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HAVASU CREEK (AZ -02-022) BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR HAVASU CREEK SUBDIVISION IN AN R-4 ZONE, LOCATED SOUTH OF McMILLAN ROAD AND WEST OF LOCUST GROVE ROAD, MERIDIAN, IDAHO FARWEST, LLC, APPLICANT CIC 12/10/02 Case No. CUP -02-028 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 December 10, 2002 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins -Clark Interim Director for the Planning and Zoning Department, Brad Watson of the Public Works Department, Becky Bowcutt, and Laird Graham, 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 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 December 10, 2002, 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 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 announcements; and the matter having been duly considered by the City Council at the December 10, 2002, 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 §67-6509, 6512, and Meridian City Code §§ 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 RUT zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at south of McMillan Road and west of Locust Grove Road, Meridian, Idaho. 5. The owners of record of the subject property are Maclocust, LLC, 4487 N. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 Dresden Place, Ste. 102, Garden City, Idaho 83714 and Renata Ham, 555 E. McMillan Road, Meridian, Idaho 83642. 83714. 6. Applicant is Farwest, LLC, 4487 N. Dresden Place, Ste. 102, Garden City, Idaho 7. The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to R-4 before the City Council. The zoning district of R-4 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 a Planned Development consisting of 327 single family lots, 1 school lot, and 27 common lots. The R-4 zoning designation is 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). Plan. 9. The proposed application is in compliance with the Meridian Comprehensive 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Planning and Zoning Commission recognized the concerns of Carl and Bonnie Reiterman expressed in a letter submitted by David Irish, W & H Pacific, dated October 30, 2002. 12. The Meridian City Council tabes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles I 1 and 12, Meridian City Code and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 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 political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: 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 event 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 of the requirements of the 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 ACRD FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 from time to time, provided, however, notice of any proposed changes, and meaningful opportunity to comment shall be given to the City before ACRD takes any official action to modify the requirements set forth herein. Site 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 ACRD 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 ACRD. 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 scheduling the final plat for signature by the ACRD 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 ACRD 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 ACRD. 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 $20 -feet east of the west property line, as proposed. Construct North Havasu Falls Drive to intersect with Locust Grove Road approximately 400 -feet south of the north property line, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 6. Submit a letter from the appropriate fire district approving the alternative street section. If the 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. 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, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 11. Construct Casa Grande Street to extend to the west property Iine approximately 440 -feet north of the 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 of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 13. Construct Nankoweap Street to extend to the west property line approximately 180 -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 approximately1,550-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 the terminus of the roadway stating that, "THIS 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, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 17. Construct Bright Angel Avenue 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, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 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 of the roadway stating that, "THIS 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 of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE", 20. Construct Kaibab Trail Drive to extend to the east property line approximately 820 -feet north of the 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 corner 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 100 -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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 24. Construct a left -turn and a right turn deceleration lane at the McMillan Road and North Havasu Canyon Way intersection. Coordinate the design of the 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. Standard Conditiong„of,Aoroval 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 ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 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. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance 4195, 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 ACRD. 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 ACRD conduits (spare or filled) are compromised during any phase of construction, 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: 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 III -A. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 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 of 28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. 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. E. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 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 stormwater 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 of 25 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -10 in the letters submitted into the public record. 3. The Applicant shall utilize standard industry dust abatement techniques to minimize dust on the site. 13. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, Iandscaping, and other features as may be required by this ordinance; it is found that the subject property is large enough to accommodate the requested use and all other required features. 14. That the proposed use and development plan will be harmonious with the Amended Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; it is found that the current Amended Comprehensive Plan Land Use Map adopted August 6, 2002, Resolution No. 02-382, designates the property as "Medium and Low Density Residential". The proposed high density residential uses are harmonious with and in accordance with the Amended Comprehensive Plan. The project is being proposed as a conditional use for a planned development in order to allow reduced lot sizes, reduced street frontages, and reduced setbacks. If the project is approved as a Planned Development, it will meet the minimum requirements of the MCC. 15. That the design, construction, 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 character o the same area. Heritage Commons, directly south of the proposed project is similar in density and size to the proposed use. 16. That the proposed use, if it complies with all conditions of the approval imposed, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT M I I will not adversely affect other property in the vicinity; it is found that the proposed use would not adversely affect other properties in the general vicinity. 17. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services, as long as capacity in existing school facilities is available and improvements are made by the applicant in accordance with policies, ordinances and Uniform Codes. 18. That the proposed 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. 19. It is found that there will be an increase in traffic and noise in the general vicinity if the subdivision is approved, but that approval of the subdivision will not lead to a major increase in smoke, fumes, glare, odors or other disturbances that will be considered detrimental to the welfare of the City and the subdivision's neighbors. 20. That the proposed use will not create significant interference with any traffic on the surrounding public streets. ACRD did submit a report for the project. 21. 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. Existing trees greater than 4" caliper must be retained or mitigated for, if removed. CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -12 Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 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 otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific 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 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 § 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 Plan 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 general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -13 C. 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, fames, 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. Prior to granting a conditional use permit in the Low Density Residential District (R-4), 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 of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -14 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 § 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; 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 Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -15 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: That the above named applicant is granted a conditional use permit for a Planned Development consisting of 327 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, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 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 event 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 of the requirements of the 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. D. Adopt the following Recommendations of the ACRD as may be modified by ACRD from time to time, provided, however, notice of any proposed changes, and meaningful FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -16 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 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 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 ACED 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. &. Submit a letter from the appropriate fire district approving the alternative street section. If the appropriate fire district reviews and approves the alternative street FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -17 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-fect 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. 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, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 11. Construct Casa Grande Street to extend to the west property line approximately 440 -feet north of the 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 of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 13. Construct Nankoweap Street to extend to the west property line approximately 180 -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 of the 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, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 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, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 17. Construct Bright Angel Avenue 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, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 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 of the roadway stating that, "THIS 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 of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 20. Construct Kaibab Trail Drive to extend to the east property line approximately 820 -feet north of the 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 corner 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 100 -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 of the turn lanes with the District's Traffic Services Staff, 387-6140. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 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. 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. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISP WC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 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 9195, 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 ACRD. 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 ACRD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: 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 III -A. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 All roads shall have a turning radius of 28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. 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. E. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 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 stormwater 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: That Lots 1 through 8, Block 12, along the eastern boundary, shall have only single - story homes built with a maximum height of 25 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. I 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 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 § 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 action of the City Council at its regular meeting held on the — day of 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED �" ea, COUNCILWOMAN CHERIE Mc CANDLESS VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 23 COUNCILMAN WILLIAM L.M. NARY VOTED_V MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED-- DATED:�7�t�j� MOTION: APPROVED• DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. %%,% cr, Dated: r-7'z)S City Cleric ZAWork1M\Meridian\Meridian 15360MIHavasu Creek Sub AZ02-022 PP02-019 CUP02-02$1F1C1sCUP02-028.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 24 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR HAVASU CREEK SUBDIVISION, LOCATED SOUTH OF EAST McMILLAN ROAD, WEST OF N. LOCUST GROVE ROAD, MERIDIAN, IDAHO BY: FARWEST, LLC, APPLICANT CIC 12/10/02 Revised 01/10/03 Case No. PP -02-019 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on December 10, 2002, and Brad Hawkins -Clark Interim Director for the Planning and Zoning Department, Brad Watson of the Pubic Works Department, Becky Bowcutt, and Laird Graham, appeared and testified, and the City Council having received a report from David McKinnon Planner 11 for Planning and Zoning, and Bmee Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commissionn and the applicant having submitted the "PRELIMINARY PLAT, HAVASU CREEK SUBDIVISION, A PORTION OF THE N %z OF SECTION 31 TOWNSHIP 4 NORTH, RANGE 1 EAST, B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 07/11/02, REVISION: 08/05/02 BY: BKB, 11/27/02 BY: BKB AND STAMPED: RECEIVED NOV 27 2002 CITY OF MERIDIAN CITY CLERK OFFICE, SHEET: OF 2, PRE- 1,111210-PRE.DWG BKB, DWG NO. 11210, FARWEST, LLC — DEVELOPER, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HAVASU CREEK SUBDIVISION / (PP -02-019) 1 BECKY BOWCUTT — PLANNER, BRIGGS ENGINEERING, INC. -- ENGINEERS PLANNERS SURVERYORS", Farwest, LLC, Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure PIanning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned Low Density Residential District (R-4), and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 1I-7-2 C] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning and Zoning Administrator and the Engineering Technician III, and as proposed by the developer FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HAVASU CREEK SUBDIVISION 1(PP-02-019) 2 as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT, HAVASU CREEK SUBDIVISION, A PORTION OF THE N %2 OF SECTION 31 TOWNSHIP 4 NORTH, RANGE I EAST, B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 07111102, REVISION: 08/05/02 BY: BKB, 11/27/02 BY: BKB AND STAMPED: RECEIVED NOV 27 2002 CITY OF MERIDIAN CITY CLERK OFFICE, SHEET: I OF 2, PRE- 1,111210-PRE.DWG BKB, DWG NO. 11210, FARWEST, LLC — DEVELOPER, BECKY BOWCUTT — PLANNER, BRIGGS ENGINEERING, INC. — ENGINEERS PLANNERS SURVERYORS". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HAVASU CREEK SUBDIVISION / (PP -02-019) 3 IT IS HEREBY ORDERED AND THIS DOES ORDER The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT, HAVASU CREEK SUBDIVISION, A PORTION OF THE N %2 OF SECTION 31 TOWNSHIP 4 NORTH, RANGE 1 EAST, B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 07111102, REVISION: 08/05/02 BY: BKB, 11127102 BY: BKB AND STAMPED: RECEIVED NOV 27 2002 CITY OF MERIDIAN CITY CLERK OFFICE, SHEET: 1 OF 2, PRE-1,111210- PRE.DWG BKB, DWG NO. 11210, FARWEST, LLC — DEVELOPER, BECKY BOWCUTT — PLANNER, BRIGGS ENGINEERING, INC. — ENGINEERS PLANNERS SURVERYORS", Farwest, LLC, Developer is hereby conditionally approved.; and 2. The conditions of approval are as follows to -wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site SpecificComment / Preliminaa Plat 1. Sanitary sewer service to this site shall be via main line extensions from the existing mains adjacent to the property. The northwest portion of the proposed subdivision (phases IA, 2A, and 3A, the Applicant shall have the option to gravity the 3A area if feasible and with the coordination of Public Works) shall be served by a temporary sewage lift station that will be owned and operated by the developer or homeowner's association. The lift station will be in service until the property to the west (Starkey) develops, and sewer is brought through from Meridian Road. The developer or homeowner's association may enter into an operation maintenance agreement with the City of Meridian for the lift station. 'A. permanent sanitary sewer construction easement shall be provided from E. Havasu Falls Drive to the south subdivision boundary in N. Crystal Avenue when sewer is extended for phase IB. Applicant shall work with the Meridian School District to provide an easement for a sewer main across the north end of the elementary school site to provide service to adjacent parcels. A sewer stub shall be required in the location of the north boundary of the school parcel to provide for this future service. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HAVASU CREEK SUBDIVISION / (PP -02-019) 4 2. This project as proposed is split between two water pressure zones. The northwest portion (west of the mid-section line) falls in a zone that will have to be extended from the west. The City's main that will serve this area is currently built to the north boundary of the Cedar Springs project (mid- section on Meridian Road). The balance of the project (east of the mid- section line) will be serviceable from the existing main, in Locust Grove road. 3. Applicant shall be responsible to construct the sewer and water mains to and through this proposed development, thereby making there available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 4. The applicant has indicated that a pressurized irrigation system will be provided within this development, and that the applicant intends to convey the pressure irrigation system to Settler's Irrigation District, therefore, revise the plat to show how the system is going to be served (i.e. connection to an existing system, or independent pumping facilities) Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer, 5. A detailed fencing plan shall be submitted upon application of the final plat. A solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. 6. Add or revise the following preliminary plat notes: Correct the "Zoning Data Table" to reflect the requested minimum lot size, not 5,000 square feet. Correct the Preliminary Plat Data" to reflect the correct minimum lot size. (1.) Add a note to the face of the plat indicating that the Home Owners Association shall be responsible for the maintenance of the common lots. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HAVASU CREEK SUBDIVISION / (PP -02-019) 5 (2.) Add a note to the face of the plat restricting direct lot access to Locust Grove and McMillan Road unless specifically permitted by ACRD and the City of Meridian, (3.) Add a note to the face of the plat that requires any re -subdivision of this plat to be in compliance with the most recently approved subdivision standards of the City of Meridian. (4.) Add a note to the face of the plat that restricts fencing adjacent to the pathways within the subdivision to being no greater than four feet in height if solid sight -obscuring material is used for fence construction. (5.) Add a note to face of the plat regarding the "Right to Farm Act". 7. A 50 -foot wide cross access and public utilities easement shall be added to the plat, in alignment with E. North Rim Street, to the property to the north of the elementary school site. 8. Eliminate the stub -street at the east end of E. Kaibab Trail Drive, located between Lot 1, Block 12 and Lot 26, Block 10. In its place add a stub street in alignment with North Mooney Falls Way to the property north of Lots 25 and 26 of Block 10. (This has been modified.) 9. Ten (10) copies of the revised plat have been submitted to the City Clerk's Office for this plat. 10. Several existing ditches/drains traverse through the proposed subdivision, however it is not clear on the preliminary plat map how these ditches/drains will be addressed. Plat has been revised to show routing/piping information. General Comments 1. Please submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HAVASU CREEK SUBDIVISION / (PP -02-019) 6 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All pathways within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping". 5. A detailed landscape plan., in compliance with the landscape ordinance shall be submitted for the subdivision with the final plat application, the landscape plan shall include the location and design of the playground equipment. b. Sidewalks within the proposed subdivision shall be built in accordance with MCC12-13-10-8. 7. 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 8. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owner's), with written approval or non --approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 9. Submit all updated groundwater/soils reports to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100 -year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. 10. Any tree over 4" in caliper t hat i s r emoved f rom t he p roperty s hall b e replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HAVASU CREEK SUBDIVISION / (PP -02-019) 7 not be considered as replacement trees for those trees that have to be removed. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 13. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 14. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. B. Adopt the following Recommendations of the ACHD as may be modified by ACRD 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 ACRD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACRD 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 ACRD. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HAVASU CREEK SUBDIVISION / (PP -02-019) 8 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 scheduling the final plat for signature by the ACRD 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. If the 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. Extend North Hermit Avenue at the south property line approximately 410 -feet cast of the west property line, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HAVASU CREEK SUBDIVISION / (PP -02-019) 9 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, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 11. Construct Casa Grande Street to extend to the west property line approximately 440 -feet north of the 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 of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 13. Construct Nankoweap Street to extend to the west property line approximately 1$0-fect south of McMiIlan 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 approximately1,550-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the 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, "THIS 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, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 17. Construct Bright Angel Avenue 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, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HAVASU CREEK SUBDIVISION / (PP -02-019) 10 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 of the roadway stating that, "THIS 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 of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 20. Construct Kaibab Trail Drive to extend to the east property line approximately 820 -feet north of the south property Iine, 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 corner 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 I00 -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 of the 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HAVASU CREEK SUBDIVISION / (PP -02-019) 11 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. 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. 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. 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 ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HAVASU CREEK SUBDIVISION / (PP -02-019) 12 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 (1-500-342-1585) at least two full business days prior to breaking ground within ACRD right-of-way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative.and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the 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 III -A. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. Final Approval of the fire hydrant locations shall be by the Meridian Fire FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELRVIINARY PLAT HAVASU CREEK SUBDIVISION / (PP -02-019) 13 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 of 28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code, 7. 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 vehicular access roads which shall be utilized for these purposes only. D. Adopt the Recommendation of the Settlers' Irrigation District. 1. All irrigation and drainage facilities/easements will need to be protected. 2. All storm drainage must be retained on-site. Plan review/inspection fees shall be paid prior to any approvals. 4. If this development wishes to have SID own, operate and maintain the pressure irrigation system an agreement needs to be in place prior to construction. E. Adopt the Recommendations of the Central District Health Department as follows: The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HAVASU CREEK. SUBDIVISION / (PP -02-019) 14 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 stormwater 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: That Lots 1 through 8, Block 12, along the eastern boundary, shall have only single -story homes built with a maximum height of 25 feet from grade, which restriction shall appear on the Plat. 2. The Applicant shall construct either a five or six foot vinyl fence along the eastern boundary adjacent to the Crestwood Subdivision No. I neighbors, as agreed upon in the letters submitted into the public record. 3. The Applicant shall utilize standard industry dust abatement techniques to minimize dust on the site. By action of the City Council at its regular meeting held on the q4' day of a ajat(OAtC , 200?. 3 ROLL CALL COUNCILMAN BIRD VOTED U eC_ COUNCILWOMAN deWEERD VOTED Z COUNCILWOMAN McCANDLESS VOTED COUNCILMAN NARY VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HAVASU CREEK SUBDIVISION / (PP -02-019) 15 MAYOR ROBERT D. CORRIE VO (TIE BREAKER) KL,) -�- W-t� A 110 ,DL7e Copy served upon Applicant, The Planning a00dfffffgQgartment, Public Works Department and City Attorney. "'\\"i O'F mckloy RAP ORq B 9qaCL172Swa—A -D3 y:�Datec�: City Clerks ZAWork\M\Meridian\Meridian 15360M\Havasu Creek Sub AZ02-022 PP02-019 CUP02-02811 fC1sOrdPP.doe FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HAVASU CREEK SUBDIVISION / (PP -02-019) 16 January 3, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT January 7, 2003 REQUEST Discussion of International Building Code Adoption: AGENCY COMMENTS Pre -Council Meeting ITEM NO. 1 CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY EIRE 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 shalt become property of the City of Meridian. City of Meri fan P ibli Works Dept. n In accordance with your instructions at the December 17 Council meeting, I have acquired from our Building Official, Daunt Whitman, a summary of the differences between requirements of the 1997 Uniform Building Code and the 2000 International Building Code. Daunt received this information at a two day seminar he attended in Nampa that was taught by an official of the Building Code Council. I am attaching a copy of the "Non -Structural" code comparisons and a copy of the "Residential Code" comparison for your review. I know this is a lot of material to wade through however, there is a lot of material in the code and I did want you to be aware of what changes are being proposed. Obviously some changes will be of more interest to you than others. I have asked Daunt to appear at the January 7, 2003 Council meeting, or Pre - Council as you desire, to provide a short summary of the more important changes from one code to the other, as he sees them. I have been advised by a building contractor of a major concern about the energy code requirements and the impact it will have on the ability of contractors building residential units to obtain liability insurance coverage for mold -mildew claims. Apparently there have been recent liability claim payments made by insurance companies for mold -mildew issues, which will reportedly force insurance companies to not write liability insurance for this coverage for contractors constructing homes under provisions of the new energy code. The concern is that the requirements of the energy code are resulting in homes that are too tight to "breathe" and that the moisture generated through the living From the desk of... process is causing the mold -mildew problem. I suspect that we may want to hear from the Building Contractors Garr D. smith, PE Association on this subject and I will attempt to obtain some Meridian Public Wo Works Director t 660 E. Watertower lane, Suite 200 Meridian, Idaho 8369.2 0 Page 1 (208) 898.5500 Fax: (208) 887-1297 information from them prior to the January 7 Council meeting. If you have any questions or need for other information between now and January 7 please give me a call._ I hope this information is helpful in your deliberations. Gary 0 Page 2 1997 UBC and 2000 IBC Nonstructural b 4 2 A Co arative Ana * MP IYSIS 'Z LO -)J%i �, s V-�aA POI 1997 UBC and 2000 IBC Nonstructural Provisions— A Comparative Analysis f S CC oa 5 CO -V) 1997 UBC acid 2000 IBC Nonstructrtral Provisions Administration - 1997 d stration 1997 UBC Regulates all structures, including single-family and two-family dwellings, unless CABG Orxe and Two Family Dwelling Code adopted (Appendix Chapter 3, Division 111) Permit fees identified in Table i -A Plan review fees to be 65% of building permit fee ° Insulation inspection not specifically required Re -inspection fees and investigation fees specifically addressed 2000 IBC - Chapter 1 ° Detached single-family and two-family dwellings and townhouses limited to 3 stories in height with separate egress, and their accessory structures governed by International Residential Code (IRC) 41 epi I N -13C. • Permit fees to be established by jurisdiction • Plan review fees not specifically addressed • l"nergy-efficiency inspection regUired ° fees not addressed for investigation (work performed without a permit) or re -inspection l.Mrposcs • Information on Certificate of Occupancy expanded to 'include 12 items n'Z4�ao'L o1 1_ Ocr_u. W2,,7 17 Address of structure Statement of compliance for Occupancy Use/Occupancy Design occupant load Type of construction Sprinkler system required? Special stipulation and conditions Bmi Building pert number Description of structure Building code edition Name of owner Name of building official Address of owner Entcrualiorial courera•nre of Builditrg orfuciaL'; Page 1 1997 UBC arr.cl 2000 .IBC Norw�ructural Provisions � emifions 1997 UBC • Webster's Third .International Dictionary referenced as basis for ordinarily accepted meanings of terms not specifically defined in code • 75% of UBC -specific definitions located in Chapter 2, with remainder in individual chapters where typically addressed • "Approved" refers to approval by building official based on investigation, tests or reasons of accepted principals or tests by recognized authorities 20001BC - Chapter 2 • Ordinarily accepted meanings of undefined terms are to be used, with no reference to any dictionary or other resource • Approximately 10% of IBC -specific terms are defined in Chapter 2, with remainder in individual chapters where most commonly used • "Approved" is defined as "acceptable to the building official" with no qualifications Chapter 2 Annular Space.. See Section 702.7 '- r r`� e co de se c Section 702.1 Annular Space. The opening around the penetrating item. age 2 In1Crn7lti0TI;II Conri-rrnce or Iiuiiaing 0j'lii•i:kk 1997 UBC ati(I 2000 Ilse: Nortstructural Pi-ovisiorts Separated Uses 1997 UBC D • ifferent Occupancies to be separated as required by Table 3-13 • Occupancy separations identified as method of providing complete separation No reduction in hourly rating for sprinklered buildings 2000 IBC - Section 302.3.3 Occupancies to be separated per Table 302.3.3 Separation to be provided by fire barriers Hourly rating from Table 302.3.3 may be reduced by one hour in sprinklered buildings except in Group I4 and Group I-2 areas; however, rating cannot be reduced below one hour nor less than required floor construction rating • Separation between private garage and dwelling unit only requires 1/2" gypsum board on garage side • Additional exceptions for occupancy separations: Incidental storage areas of Groups B and M, where: • Area < 10% of floor area, or • Sprinklered area < 3000 sq. ft., or • Area < 1000 sq. ft. Assembly uses accessory to Group E Accessory religious education rooms and auditoriums with occupant loads < 100 Separated uses of 3 hours per Table 302.3.3 Incidental use separation {2 hours if sprinklered} of 1 hour per Table 302.1.1 I M I S_1 Storage I M room I >100 sq. fE. Nonseparated uses No separation per per Section 302.3.2 Note b1 of Table 302.3.3 I M I M I S•t S-1 >90°/ of I <10% of floor area I floor area I I No separation per No separation per Nate b2 of Note b3 of Table 302 3.3 Table 302.5.3 (Sprrnklere M Is -1 5'1 (<3000 M <1000 Isq fl sq. It Inte•r'nalion:li Confercn(xr 4>1 1; IlIIr{Err={ C)flieia[s i'ugc 3 f 1997 CIBC and 2000 JBC Notistructurrrl Provisions TABLE 302.3.3 REQUIRED SEPARATION OF OCCUPANCIES (HOURS)a For Sl: I square foot = 0.()929 m2. – — NP n Not permitted a. Sec Exception I to Sccboa 302.33 for reducdoas permitted b. Occupancy separation aced not be provided for incidentsi storage arras within Groups B and M if the: I _ Area is i s thio 10 percent of the floor arca, or 2. Area is pmvidcd with an automatic fire -extinguishing system and is less than 3,000 square feet. or 3. Area is less than 1.000 square feet, c. Ares used only for private or pleasure vehicles may reduce separation by I hour. d. Accessory assembly uu5 arc not eo: sidered separate occupancies if the floor arca is 750 square feet or less. c. Assembly uses accessory to Group E an not comidcrcd separate occupancies f Accessory religious cducatiooal rooms and religious auditoriums with occupant loads of Icss than 100 arc not considered scpante occupaacics. 9. Sec exception to Section 302.3.3. h, Commercial lotehcns need not be separated from the restaurant scanog areas that they serve. S Pe �q�. � 3 �- �-Z•; 5 �k. e C zoo -3 �'� 7 L4 o� �ywe as 9 'at,e 4 {rtteruatiott:ll C.nttfe•rrttcr of littilelirt^ 01,fivi:tl- ®�OEM ©©©©©®©©©e©©m© Memo ©mo Emu ©man ©©� meee©©©©©®mo©©v©©m©©©m©©mo MEN ee©©©©©mo©mo©©mm©mm©©mo ME Emu ©eeee©e©©oma©ERMINE ©©m©©©©o ®ceere©©e©©m©©vo©©©©©©©©©©© ®eee©eee© BONNE vMEN ©©mm©©©© ®ONE e©eee©ommmmmmmmom mom mmm ®ONE ee©eee©mom ©eeee© man ©©v ®ee©©eeee©eeooco©©©v©©©0o© �cecee©eeeeee©ee0000MEMNOs ®eeceeececWON on an ■eeeeeeeee©eeeee©©mmm©©©a©© ®eeeeeeeee©ceceer©©m©©©©©ms ®eeee©©ce©eeeee©©mm©m©©©m0 =0 ME MEMO mum ■Mceee©©ee©eeeeeeeee©mm©©m0 =ceeeeceece© ENO ee©©emoo©oo Mceeeeceeceeeeeeeeecemm©©© eeee©©ae000© MEN eeeeceNo©mm� ®e©eee©©eeeeeeeee©ae©©©©©© ®©eeee©eeee©©eeeeeeee©©©ms =mom 0e©oeoeeemom Eeeeeeco For Sl: I square foot = 0.()929 m2. – — NP n Not permitted a. Sec Exception I to Sccboa 302.33 for reducdoas permitted b. Occupancy separation aced not be provided for incidentsi storage arras within Groups B and M if the: I _ Area is i s thio 10 percent of the floor arca, or 2. Area is pmvidcd with an automatic fire -extinguishing system and is less than 3,000 square feet. or 3. Area is less than 1.000 square feet, c. Ares used only for private or pleasure vehicles may reduce separation by I hour. d. Accessory assembly uu5 arc not eo: sidered separate occupancies if the floor arca is 750 square feet or less. c. Assembly uses accessory to Group E an not comidcrcd separate occupancies f Accessory religious cducatiooal rooms and religious auditoriums with occupant loads of Icss than 100 arc not considered scpante occupaacics. 9. Sec exception to Section 302.3.3. h, Commercial lotehcns need not be separated from the restaurant scanog areas that they serve. S Pe �q�. � 3 �- �-Z•; 5 �k. e C zoo -3 �'� 7 L4 o� �ywe as 9 'at,e 4 {rtteruatiott:ll C.nttfe•rrttcr of littilelirt^ 01,fivi:tl- 1997 UBC and 2000 IBL, Nonstructural Provision's TABLE 3 -13 --REQUIRE© SEPARATION IN BUILDINGS OF MIXED OCCUPANCY1 (HOURS) ,v—No requir meats for lire resistancc. l I-'nr detailed requirements iind cxccptiuns, sec SLetiu 302.4. 21ror special provisions on highly toxic mitenals, sec the Fire Code. 'Far agricultural buildings, see also Appendix Chapter 3. 'See Section 309,2.2 for exception. 5For Group F, Division I woodworking establishments with more than 2,500 square fLut (232.3 m2), the occupancy separation shall be one hair E1itt'l-ti.1 iutt:tl C0rlfAA-t-ttcc til' JSttiltlin, ()flit•i:tE2z Mage 5 • • • • I ®-----------_-000000©0© ©--_--_-----__--0©®000 �� _--------__----0000 ,v—No requir meats for lire resistancc. l I-'nr detailed requirements iind cxccptiuns, sec SLetiu 302.4. 21ror special provisions on highly toxic mitenals, sec the Fire Code. 'Far agricultural buildings, see also Appendix Chapter 3. 'See Section 309,2.2 for exception. 5For Group F, Division I woodworking establishments with more than 2,500 square fLut (232.3 m2), the occupancy separation shall be one hair E1itt'l-ti.1 iutt:tl C0rlfAA-t-ttcc til' JSttiltlin, ()flit•i:tE2z Mage 5 1997 UBC aricl 2000 IBC Nonstructural Provisions Fire Areas 1997 UBC • No specific term for compartments enclosed by fire separation elements • No separation mandated for same occupancies 2000 IBC - Sections 302.3.3, 702.1 • Tire areas enclosed by fire -resistance rated elements, creating separate compartments • Occupancies of same classification separated as required by Table 302.3.3 • Fire areas of dissimilar occupancies also created by separations per Table 302.3.3 • Sprinkler requirements typically apply based on size, location or occupant load of specific fire area Minimum two-hour fire walls or fire barriers E Group M Group A-2 Fire area "1" Fire area "2" Fire area "3" ley Mage 6 International Conferrnre of building Officials 1997 UBC aiLcl 2000 IB(, NoirstrctcttLral Provisions onseparated Uses 1997 UBC • Fire -resistive separations (occupancy separations) required between incompatible occupancies • Height limits based on individual occupancy's location vertically • Area limits based on unity formula, where ratio of various occupancies' actual areas are compared to their allowable areas 2000 TBC - Section 302.3.2 • In other than Group H occupancies, fire separations not required between different uses where the following conditions exist: - Type of construction of building is determined based on height and area limitations of each occupancy applied to entire building - Most restrictive type of construction shall apply to entire building - All other code requirements apply to each portion of building based on its specific usc, except: ® Most restrictive of high-rise and fire -protection system requirements shall apply to all nonseparated uses /No fire separation required I I I Occupancy "1" I Occupancy "2" I I l I • Type of construction limited by: - Lesser height limit of Occupancy 1" or "2" - Lesser floor area limit of Occupancy "1" or "2" • Most restrictive fire -protection system requirements of occupancy "1" and "2" (also high-rise provisions) International Con{e•rence of $uilelinp Ufliciat; page 7 1997 UBC auxcd 2000 IBC Nonstructural Provisions Accessory Use .areas 1997 UBC • Minor use occupancies may be considered as portions of major occupancy for allowable area purposes only when major use occupies at least 90% of floor area • Accessory use areas to be classified and separated at discretion of building official 2000 IBC - Section 302.2 • Fire barrier not required between major use and accessory use areas, where accessory use floor area is limited to 1.0% of floor area and does not exceed tabular height and area limits • Provision does not apply to Group H occupancies or where incidental use areas specified by Table 302.1..1 are involved • Provisions applicable where "accessory use area" is established as distinct occupancy other than that of "major use" Example: No fire barrier (Table 302.1 .1 required Group B or other Separation and/or Incinerator Non -H occupancy room or <_10,000 sq, ft. protection required other -- - - - - - - - - - - --, incidental use area Group F-1 Building of 100,000 sq. ft. Group H of any permitted size Fire barrier required per Table 302.1.1 Wage 8 In[rr�ta[ionat Cc�nfrrr�E�•r of tinil�tin� i?t'firi:�l; 1997 UI3C wul 2000 IBC )rortstr-rcctrr.rcrl Provisions In.cid.ental Use Areas 1997 UBC • Accessory -type areas considered as a portion of major occupancy unlesslarge cnollgll to warrant a distinct occupancy classification • Sp(Tif1C-LISC F11-CaS Such a5 labLlraLorles and linen rooms in hospitals and nursing homes rcoLlIated for fire separations by Table 3-C 2000 IBC - Section 302.1.1 • Areas incidental to major occupancy classified as Dart of major occupancy • Incidental use arras listed in Table 302.1.1 to be separated (fire barriers), protected (fire sprinklers) or both • Where sprinklers are utilized, incidental use area to be separated by smoketight construction TABLE 302.1.1 INCIDENTAL USE AREAS ROOM OR ARIA SEPARATION- Furnace room where largest I hour or provide automatic piece of equipment is over fireKahngmshing system 400,000 Btu per hour input Boders over 15 psi and I hour or provide automatic t0 horsepower fire-natingu:shrng system Refngerani machinery moms I how or provide automatic fir6-cusngutshing system Automotive parking garage 2 hours in other than Group R-3 Incincnior rooms 2 hours and automatic sprinkler system Paint shops, not classified as 2 hours: o: I hour and a Group H, located in provide automatic fire, occupancies other than eatmgwshmg syslcRsi Group F Uboratones and vocational t hour or provide automatic shops, not classified as Firctxhnguishing system Group H, located in Group E and 1.2 occup=cs Uundry rooms over 1 hour 100 square feet Storage rooms over I hour 100 square feet Group 1-3 padded ecus I hour Waste and Innen Collection 1 hour room over 100 squuc feet Stationary Jud -acid bancry 1 •hour fire ba cis and systems having a liquid floor-ced=ng asicmbbes In capacity of more than 100 Group B, F. 11, M, S and U gallons used for occupancies talo -hour fnc facility slandby powct, bamcrs and floor -ceiling emergency power or assemblies in Group A. E. I un+nicmlpsed power supplies and R oceupanetes Fun Sc t squ— fool - 00929 int, I prwnd per ,quire such - 6 9 WA 3 Ontish tbrrmal unll . 0 293 —M I J-wpu— 766 -1m S gill-.3ML a Whue amom,ue hu e.ungoRung syucm a pw—ftA. a nerd tarty hr p,n.rdrd ro tht rnr denul — taxon ur arc. hilt-ruarittnat Cnntt•renor of litailtlin� 0014-i.11� )'age 1997 UBC and 2000 IBC Nonstructrcr•al Provisions Occupancies Defined 1997 UBC • Chapter 3 contains both occupancy classifications and detailed requirements specific to each occupancy • A-1: Assembly room occupant load >_ 1000 with a legitimate stage • A-2: Assembly room occupant Ioad < 1000 with a legitimate stage • A-2.1: Assembly room occupant load > 300 without a legitimate stage • A-3: Assembly room occupant load < 300 without a legitimate stage • A-4: Stadiums, reviewing stands and amusement park structures 2000 TBC - Section 303 • Chapter 3 contains only the information necessary to classify a use or occupancy • A-1: Assembly uses, usually with fixed seating, intended for viewing of performances and motion pictures • A-2: Assembly uses intended for food and/or drink consumption • A-3: Assembly uses intended for worship, recreation or amusement, and other assembly uses not classified elsewhere as Group A • A-4 Assembly uses intended for viewing of indoor sporting events with spectator seating • A-3: Assembly uses intended for viewing or participating in outdoor activities Group A-1 Group A-3 Motion picture theaters f Art galleries Theaters Churches Community halls __ Conference rooms Exhibition halls Gymnasiums Group A-2 Lecture halls Libraries Banquet halls Museums Night clubs Passenger stations Restaurants Taverns h....9 �, . Ice �e s o yo S Group A-4 Arenas Skating rinks Swimming pools Group A-5 Bleachers Grandstands Stadiums Page 10 Ittterttatiottal C.onferem.t. of tlitlltltltg Oflwi:tls 1997 UBC and 2000 Ib,, Nonstructural Provisions Group E (EducaLlonal) Occupancies Defined 1997 U13C E - l: Any building used for education purposes through the 12th grade for > 50 persons for more than 12 hours/week or 4 hours/day E-2: Consistent with an E-1 occupancy, but housing e 50 persons E-3: Day-care purposes for > 6 persons 2000 1:130 - Section 305 Single category of Group E Includes any building used for educational purposes by _�t 6 persons at any one time, through the 12th grade • Day-care classified as Group E under the following conditions: - Less than 24-hour basis - > 5 children - Children older than 2 1/2 years of age • Infant day-care (<_ 2 1/2 years of age) permitted under the following additional conditions: - Rooms for infant care are located on level of exit discharge - Each infant care room has a least one exit door directly to the exterior 5.100 infants, At discharge level .At J- discharge level .. lnlerrn:elional Confe•re.uee of Builriiuir 0fEic•ial` Purer 1 l 1997 ( Ii(: rrrrrl00(i II),(: :Nurr.�Irttr lrrrrrl IYori..irrrrS Group H (High -Hazard) Occupancies Defined 1997 UPC • Ir1a•ilr}I1h 117r'/�Irll�rtr� nr•1•u(€�rfll'!E•, ill- I :irlrl I I-.1) F4 r•rlV:lir• _:lr-�I�,�}•r .nlrl �13€-rrfl •t 2000 IBC - Section 307 • liE'1,,lir" _':11';1,1•~ :IIk11 7111'c'€',111 1','11:111' 11:111 x'€', ,'I;I„Ili,'ll ;1, 4,nmp `-I • I.i111111'rl to I I -I Illr(m It I I -.j f} r•,•llpol1(.w,. I'\1'1111,ti11� €•1.11:}II' 'd11':I l'h arlll :IjI-f I jII'1 I'r•1,ill I' I€,in�1•r•, 1 • I:�1r:1r1,1, 11 II.S111lg,= t,(*rxcr•Ill imis 15111'1x' €I (;ruIII I I ,'Iflti,llir':Itl(lrl Is Imt :11 I1r1'ulrI I:IIE' I;llilllill � cx,lllrlirliII, C rnaxirrttrrr€ itlllr55:rlllr r111:1ntilir, { .f,IIIr',il lr rEa , l'4f111illilll}!' C 13111 S 11111ffi1 :111115r<IlrlE' f11Ii1llilll,'ti I;Irir,tf, tlsr, (i.e'. ('I:Irllrrullrlr 1ini,ll :11,1r1illiml. ,,tlrs of f1arrinl:11111 :1t:sl rr,nll,t„tilrlf Iirltrill,.:lrt u,ul ,tr1t t . } Ir.) 111 x f,r€1111i;lnrr 55It11 1rlIS'I II:IIIUlliI I'i1 (;1)I - Ili,1�1,15 urlrl >ln1•:1,�r Ii( n.,Ilrurnllu,tilrlr�r11rE1(•1:lrrin1:11111• luv:lr•11r,u� 1i11t1irl, ill (�r,ul1,- I; tllrl d1, IlMilrrl 115 "1111111. 11-1.2.-1 � rr > L� [rap; Were Hazardous Materials and Processes Involved 7uaLE c� � 7 References I'a_e• t_� �ul,•rn:fli„nal l „iltri,-n” ,.I l:u11.1111 [Hll- �.,1- 1997 UBC and 2000 LBS. Nortstr-uclural Provisions Group I (Institutional) Occupancies Defmed 1997 UBC ° 1-1.1: Nurseries for lull -time card of children under the age of G; hospitals; nursing hornCS with nonambulatory patients (> 5 occupants) 1-1.2: Outpatient healthcare centers for typically ambulatory persons (> 5 patients) 1-2: Nursing homes for ambulatory residents; homes for children > G years of age (> 5 patients or children) ° 1-3: Mental hospitals, jails, prisons, detention centers and similar uses 2000 IBC - Section 308 ° 1-1: Buildings housing > 16 ambulatory persons on 24-hour basis in supervised residen- tial environment; includes assisted living facilities, Group homes, alcohol and drtig centers and halfway houses — Group R-3 for <_ 5 persons -- Group R-4 for > 5 but e 16 persons ° 1-2: Buildings used for medical care on 24-hour basis; includes hospitals, detoxification facilities, intermediate -care and skilled -care nursing homes, and 24-hour child care for > 5 infants (C 2 1/2 years of age) ° 1-3: Buildings where > 5 persons are secured or restrained; including jails, prisons and reformatories (5 conditions are addressed) 1-4: Daycare (less than 24 hours) for > 5 adults or infants ° Outpatient health care centers not specifically addressed. Ax QQ �1 Within occupied Within individual Between multiple smoke Exterior space smoke compartment compartment To exterior 2 u u Impeded to exterior 3 1 - - - - - - - - - - Remote -release ----- -- - - - -- --- --- - between compartments ------------ ---------•------ --------- - - - --- Remote-reteasefrom --------------- �-- - - - - -, occupied space 5 ==:�i - - -_ --- Manual -release from ---------------- ------- - - - - ------ - - - - I' occupied space Free movement Controlled movement l�iirrei:�riunal Cold'erviu•e• (d, Bililding of•fie•ial, Page 13 1997 UBC (in - l 2000 IBC Nonstructural Pr-ovisions Group M (Mercantile) ccupancies Defined 1997 UBC • Motor vehicle service stations considered as Group S_;3 occupancies ° l;xempt amounts of hazardous materials permitted in Group M uses not addressed No specific provisions for outdoor- sales/storage 2000 IBC - Section 309 • Service stations classified as Group M • Maximum quantities of hazardous materials allowed in control areas of mercantile and storage occupancies listed in 'fable 414.2.4 ° Both indoor and outdoor control areas addressed TABLE 414,2.4 MAXIMUM ALLOWABLE QUANTITY PER INDOOR AND OUTDOOR CONTROL AREA IN GROUP M AND 5 OCCUPANCIES NONFLAMMABLE SOLIDS AND NONFI AMhdaar c n Mn a. Hazard categories arc as specified in the Jr:rcrnalional Fir, Code. b. Maximum allowable quantities shall be increased 100 perecot in buildings that arc sprialcred in accordance with Section 903.3.5.1. When Note c also applies, the increase for both notes shall bt applied accumuladvely. C. Maximum allowable quantities shall be increased 100 pereeot when stored in approved storage cabinets, in accordance with the fraernarional Fire Cndr. When note b also applies, the inercase for both notes shall be applied accumuladvtly. d See Table 414.2.2 for design and number of control areas. c Allowable quantities for other hazardous material categories shall be In accordance with Secuon 307. f Maximum quantities shall be increased 100 percent in outdoor control areas Satme 05 o y3L age 14 Ir1lt r Itnliotlal Coltfr•1r1.114'r of BUil11i11p¢ 00"Wi:11, 1997'1'1;(: rrrtrl 2000 IM, N(( nslrrrcIrrr•(rl f'r�rt i.�ir►rrs Gr®u ( esi ential) ceupauciedDefined 1997 UBC • H- 1: IIiFE k. a1mranent Itou,c,-ron,rc_jlc• rr,iclrnc•r" with ocrcclrant load > 10 • I1' -.t. i)%Nvl in lodgilig, lrousr,. rr,irdc•nrrs %~illi orc'ulrrnl load < 10 • 11011, ancd 0(mr•, sclrar•atin, cl+,cllin;,, unit, or I{-1 howl ,urst t•atontn to he of rtrinirnrrrr on -hour cott,tr•uction 2000 IBC - section 310 • di - I: 13csiclrotirtl ncrulrlrtc•ic, feu• Iran,irnE lucd;,irt, (< 30 clues). irrrlucding hotcls artcl rootr•I, • di -2: Ilcsicdcntial urculrtncrc; wit 3 ur' nnrr d"Alinn units when ncc:ul um, is prina^ Ire r nttrnr.nt, irtc Irrrlin� adrartnrrnt Irarutir,. ,dtrrnritor•ics, convents, fratcr-rtity anrd ,or orit� Ir+rtrscs • 1i-3: 13uddirt;g's containing, one• or t%%o cl\%vMn;, unit,: adult or child care of any age For < 24 hours Wrtlt !� 5 persllrts • di -•1: 13csiclunlial ocCLIpanric•s for resirlrntial carr or assisted livitig, .+Mitre• the ntrnllrcr lid' [Tsicdents > 5 Irut < 16 Wall, incl floor" sc)raratirtl. rdmdhn;g units or H-1 lintel guest rooms to Irc squwalrcl Iq fir+• Iru•litiuns (Ser- 708) unrl/or horimmol yrs"r€nlrlics (Srr. 710) Quo W—A r 7-1 i -- f M Apartrnrn Irorrsc ]nlrrn,tlu�ital t t'l I:trildrti•• M[14'1a1- lyge 15 1 1997 UBC rand 2000 IBC Nonstructural Provisiorts Covered Mall Buildings 1997 UBC • Transportation terminals not considered as covered mall buildings • Occupant load for egress purposes based on: In - 30 sq. ft./occupant for up to 150,000 sq. ft. of gross leasable area - 40 sq. ft./occupant for 150,001 to 350,000 sq. ft. of gross leasable area - 50 sq. ft./occupant for over 350,000 sq. ft. of gross leasable area • No openings other than from normally occupied spaces permitted to open into exit passageways • Anchor buildings limited in size based on allowable area provisions of Table 5-13 and permitted increases Smoke control system required in all malls (except one story, C 24,000 sq. ft.) 2000 IBC - Section 402 • Passenger transportation terminal permitted as a tenant of covered mall buildings • Occupant load for covered mall building egress based on gross leasable area (GLA) and occupant load factor (OLF) as shown by the following formula: OLF = (0.00007) GLA + 25, with OLF required to be:5 30 but 5 50 • Mechanical rooms, electrical rooms, service areas and service elevators permitted to open directly into exit -passageway if enclosure protected • Area of covered mall building, including anchor buildings, may be unlimited where, conditions are mei Smoke control system only mandated where required for atriums ------------------------------- 1 ! Open space 60 ft. I I min. I I 1 t 1 I Anchor I I I building I Open space 1 mi I min,. Anchor I I building I i I I Covered mall I building I 60 ft. I I Parking min. I structure 'I I I # I Anchor I building I I I I I I Open space 1 I 60 tt min. t I I `----- - - --- ------ -- --- -- --- - - - -1 Unlimited area permitted it all buildings/struclures other than Type V construction Page 16 Ir]I(`r-JIM601MI Cottfcr•rurt. of TWildiiir Wfit'ial. 1997 UBC and 2000 IBt, Nonstructur-al Provisiorts 1997I-figh-Rise Buildings UBC • Provisions for high-rise apply solely to office buildings and Group 11-1 occupancies • Reduction by ane -hour permitted for ratings of interior bearing walls, exterior walls, roof and secondary roof members in Type I buildings • Same reductions permitted in Type II -ER. buildings, other than roof reduction • fire clampers not required, except to protect floor -ceiling assemblies • Central control station required as described by CJBC • Smoke control system required 2000 I`BC - Section 403 • High-rise requirements not limited to residential and office buildings • Reduction of Type IA building to Type IB construction • In other than Groups F -I, M and S -I, reduction of Type IB building to Type IIA • No specific exemption for fire dampers • Fire command station addressed in IFC • Smoke control limited to exit stair enclosures to be provided by one of three methods (Section 909.20): - Vestibule/mechanical ventilation - Vestibule/natural ventilation - Pressurization of stair enriosure Smokeproo'f enclosures Enclosed Open vestibule exterior balcony Mechanical Natural ventilation Stair ventilation alternative pressurization alternative alternative * T" _5ec 7,:;,�p 77 - International Gemfe•renev of Btid lin, Officiak Page 17 1997 UBC and 2000 IBC Nonstricetural Provisions .Atriums 1997 UBC • Buildings containing atriums to be sprinklered throughout • Atrium to have a minimum opening area and dimension • Atrium to be separated from adjacent spaces by one-hour construction with 20 -minute smoke- and draft -control door assemblies • Three floor levels permitted to open to atrium, except for guest rooms or dwelling units • Minimum flame -spread rating of interior finishes in atrium to be Class I • Travel in atrium limited to .100 feet 2000 IBC - Seetion 404 • Under specific conditions, sprinklered areas adjacent to atrium and at atrium ceiling may be omitted • Size of atrium not regulated for floor area or dimension • Separation between atrium and adjacent spaces to be one-hour fire barrier with 314 -hour opening protectives • No restrictions on uses of three floors opening into atrium • Interior- finish to be Class B or higher • Travel in atrium, other than at lowest atrium level, to be 150 feet maximum Page 18 tnternali«nal Conference of Budding Officials 1997 UBC and 2000 IBC Nonstr•uclicral Provisions Underground Buildings 1997 UBC • No specific requirements relating to floor levels substantially below ground level 2000 TBC - Section 405 • Provisions apply to building spaces located > 30 feet below the lowest level of exit discharge • Does not apply to sprinklered dwellings or parking garages; fixed guideway transit systems; stadiums, grandstands and arenas; and where only one relatively small story qualifies • Type I construction • All basement levels through highest discharge level to be sprinklered • Compartmentation required where a floor level is > 60 feet below lowest level of exit discharge • Smoke -control system required • Fire alarm and public address system required • Minimum of two exits per floor level • Stairways to be smokeproof enclosures • Standpipc system, standby power and emergency power required Underground building Inlel'llaiional Conferenev of Building Oflie6l> Pale 19 1997 UBC and 2000 IBC Nonstructural Provisions Garages 1997 UBC • Lnclosed parking garage classified as S-3 occupancy • Open parking garage classified as S-4 occupancy • Vehicle barriers at least 12" height to be provided for elevation changes >5 feet • Open parking garages to be constructed of noncombustible materials • Enclosed (S-3) parking garages may be either naturally or mechanically ventilated 2000 IBC - Section 406 • Both enclosed and open parking garages classified as Group S-2 • Vehicle barriers to be 2 feet in height minimum where difference in floor elevation is > 12 inches • Open parking garages to be of Type 1, 11 or IV construction • Enclosed parking garages to be provided with mechanical ventilation per TMC TABLE 3 -H --OPEN PARKING GARAGES AREA AND HEIGHT TABLE 40G-3.5 OPEN PARKING GARAGES AREA AND HEIGHT TYPE OF CONSTRUCTION AREA PER 71EA (square fact) HEIGHT (in tiers) HEIGHT On,lo,$) Mechanical access Mechanical Acasa AREA PER TIER No {aqu•r• foal) LA Autotnalte FIro rttngutshing Syvtt TYPE OF CONSTRucTtON x 0,0929 IW mr Rw p Access No YEod I Unlimited Unlimited Unlimited UnIi125,000 11A 50,000 12 tiers 12 tiers 18 11 One-hour 50000 10 tiers I Q tins l 5 III -N 30.000 8 tiers S hers 12 t TABLE 40G-3.5 OPEN PARKING GARAGES AREA AND HEIGHT TYPE OF CONSTRUCTION AREA PER 71EA (square fact) HEIGHT (in tiers) Ramp access Mechanical access Automatic sprinkler system No Yea LA Unlimited Unlimited Unlimited Unlimited 1B Unlimited 12 tiers 12 tiers 18 tiers 11A 50,000 10 tiers 10 tiers 15 tiers 11B 50,000 8 tiers 8 tiers 12 tiers IV 50,000 4 tiers 4 tiers 4 tiers For St I squuc toot = 0.0929 rrr. age 20Intertic1ti0na1 Conference of tluildiR 011'116-11.'; 1997 UBC and 2000 IB(, Nor'tstrccelccral Provisions Hospitals and -Diursmg n-Romes (Group 1-2) 1997 UBC • Waiting areas constructed for corridors may be open to corridor under 2 conditions: Where aggregate of waiting areas in each smoke compartment < 600 sq. ft. Where such spaces are unlimited in size Mental health treatment areas and gift shops not specifically regulated 2000 IBC - Section 407 • Requirements for waiting areas open to corridor applicable regardless ol'size • Mental health treatment areas with continuous staff supervision may be open to corridors under following conditions: - Area < 1500 sq. ft. - Area located for staff supervision - Area does not obstruct access to exits - Area equipped with automatic smoke -detection system - Limited to only one area per smoke compartment - Walls and ceilings constructed as for corridor Gift shops permitter) to be open to corridor where: - Shop is < 500 set. ft. in floor- area - Gift shop and associated storage area protected for incidental use areas iting area Corridor Nurses' station Corridor Gift shop Mental health treatment areas tiui•o•n:alional Conference of Building Ofiirinl, Page 21 1997 UBC. and 2000 IBC Auristructural Provisioias Detention Facilities (Group -3 ) 1997 UBC • Limited provisions found in Section 308.22 • More complete set of requirements for detention and correctional facilities found in Al'ficndix Chapter 3, Division I 2000 IBC - Section 408 • Doors to sleeping rooms regulated for size (28" minimum) opening force (50# max.) and locks (multiple requirements) ' Spiral stairs permitted for staff access Sallyport may be a portion of egress path One of required exit stairs may have glazed doors and interior walls under limited con- ditions Vertical floor openings permitted in housing areas without enclosure provided at least 1/2 of egress is direct from level and height between highest and lowest ]eve _<23 feet • 200 occupants maximum per smoke compartment • Travel distance limitations: - Room door to smoke -barrier door - 5 150 feet - Any point to smoke -barrier door -< 200 feet • "Windowless" buildings to be provided with smoke -control system for ventilation Residential Housina Area Vertical Enclosure Not Required 'age 22 International Cold .errnrr' of Building 011irial. 1997 UBC and 2000 IBC, ,Vomstructctral ProvisiolLS Stages and Platforms 1997 UBC • separate, unique definitions for "stage" and "legitiniaLe stage" • Platforms may be constructed of any material where underfloor area used only for wiring or Plumbing • Pressing rooms, workshops, storerooms and similar spaces to be separated from each other and rest of building by one-hour occupancy separation 2000 113C - Section 410 • Only "stage" is defined, with no reference to "legitimate stage" • Platforms may be constructed of fire -retardant -treated wood in `types 1, 11 and 1V construc- tion, provided: - Platform height < 30 inches above main floor, and - Limited to 1/3 of room floor area, and - Limited to 3000 sq. ft. in area • Where stage height > 50 feet, stage to be separated from dressing rooms, workshops, etc., by minimum 2 -hour fire barriers • No exception for small (< 500 sq, ft.) stages from separation requirements Platform size limited to 3,000 sq. ft., but in no case more than 1/3 room area 30" Max. F.R.T. Wood permitted in Types 1, 11 and IV lntornational Conference of, utrilrliuh officials Fuge 23 i 1997 UBC ar-Ld 2000 IBC Nonstructural Provisions azard®us Materials Control .areas 1997 UBC • Control ar-cas to be separated from each other by minimum one-hour occupancy separa- tions • ]Maximum of four control areas in a building • 100% of exempt amount permitted in each control area 2000 IBC - Section 41.4 • Control areas to be separated per Table 414.2.2 • Permitted number of control areas addressed per floor, not per building • In multistory applications, not all of exempt amounts .permitted in control areas on upper floor levels Page 24 Inlerna[iurtal Cortfcrc•ttee of Mdltlijig Officials TABLE 414.2,2 DESIGN AND NUMBER OF CONTROL AREAS CENTAGE OF THE MAXIMUM NUMBER OF LOWABLE QUANTITY PER CONTROL AREAS FLCONTROLAREA8PER FLppR4 5 1 5 22 ffLEVEL 12.5 22 Above gradt12.5 2 12.5 2 50 2 2 75 3 1 100 4 FIRE RESISTANCE RATING FOR FIRE BARREERS IN i-IOURSC 2 2 2 1 1 1 Below Bradt 1 75 3 12 50 2 Lower than 2 Not Allowedl Not Allowed Not Allowed a. Percentages shall be of the maximum allowable quantity per control arca shown in Tables 347.7(1) and 347.7(2), with all increases in foot- notes of those tables. allowed the b. There stall be a maximum of two control areas Per floor in Group M occupancies and in buildings or portions of buildings having Group S occupancies with storage conditions and in e. quantities accordance with Section 414.2.4. fire barriers shall include walls and floors as necessary to provide separation from other portions of the building. /0 Page 24 Inlerna[iurtal Cortfcrc•ttee of Mdltlijig Officials 1997 UBC and 2000 IBC i...)nsir-iLctttt'a1 PI'O'ULslons Allowable Building Area and Height 1997 LTBC • Unlimited area perrnittc:d for Type 1-I:TI. buildings, cxcel)t for 1-1-T and 11-2 • Area of Type II-E.R. buildings limited by `Fable 5-13 for other than R-3 uses • Area for other types of constructions based on percentage of area permitted for Type 11-rR. - 45% for Types 11 one-hour, III one-hour and IV - 35% for Type V one-hour - 30% for- Types 11-N and 111-N - 20% for Type V -N • Maximum floor arca of building limited to twice allowable area for a single floor • IFeight determined by one of two methods 2000 IBC - Section 503 • Unlimited area permitted for Type IA and Type IB construction, with limited exceptions • Area limits, found in Table 503, based on largest area permitted by any of the model codes • Area limitation exempted for buildings and structures housing low -hazard industrial processes that require large areas, such as foundries, power plants, etc. • Unlimited area for A-5 structures of all construction types • MaxinIUM building area determined by multiplying maximum per -floor arca by number of stories, up to a maximum of three stories • Crane plane, established at average grade, to be used in height determination Group B Occupancy Type [18 Construction 23,000 max. 23,000 max. 23,000 max. 69,000 sq. H. max. 23,000 max. 23,000 max. 46,000 sq. ft. 23,000 max. max. 23,000 max. 23,000 max. 23,000 max. 23,000 max. 69,000 sq. €t. max. h1i1•rn;lti4)11:11 CUllfereilc'e of Btail11i11g Oflic•iaL Page 25 1997 UBC and 2000 IBC Nonstr-ucturat Provisions TABLE 503 ALLOWABLE HEIGHT AND BUILDING AREAS Heigh! Iimitalions shown ae slorica and feel above graoe plane. Area Smllat€ons as determined by the delinilion W "Area, bulldino'. Per floor vi 3i15 TYPE OF CONSTRUCTION TYPr I A 0 TYPE n TYPE m TYPE IV TYPE v A El A U M A 8 HGTIn) UE 160 6S 55 65 55 65 50 40 GROUP HggSI Ad S UL 5 3 2 3 2 3 2 l A UL UL 15,500 8500 14.000 85110 15.000 H.5m 5500 A-2 5 UL I€ 3- 2 3 2 3 2 1 A UL UL 15500 9.500 14,000 9,500 15,000 11.500 6000 A-3 S UL 11 3 2 3 2 3 2 1 A UL UL €5600 9500 14,000 9500 15,000 IISm 6.000 A_4 S UL II 3 2 3 2 3 2 € A UL UL 15500 9.500 14,000 950,0 15.ODO 11,500 6,Dm A-5 5 UL UL UL UL UL UL UL UL m A UL UL UL UL UL UL UL UL UL a S UL 11 5 4 5 4 5 3 2 A UL UL 37500 23DW 28,500 19Dm 36,000 18,000 9.Dm E 5 UL 5 3 2 3 2 3 1 1 A UL UL 26600 14300 23500 14500 25.500 18500 9500 F1 5 UL €1 4 2 3 2 4 2 1 A UL UL 25.000 15690 19.000 12.000 33.5m €4,000 8500 F,2 S UL 11 5 3 4 3 5 3 2 A UL UL 37500 23Dm 28,500 18J1D0 59.500 21,000 13,000 H-1 5I I 1 1 1 1 I I NP IN, A 21.000 16500 I1 Dm 7,000 9,500 7,000 10300 T 600 H.2 S UL 3 2 1 2 I 2 1 1 A 21,000 16300 IIM 7,000 9390 7.000 10600 76(X1 3,000 H•7 S UL 6 4 2 4 2 4 2 I A UL 60900 26500 €4000 17,5[X1 13900 25500 10,0M 5,000 H•4 S UL 7 5 3 5 3 5 3 2 A IL UL 37500 17.500 28,500 17500 36,000 ISDm 6500 11.5 5 3 3 3 3 3 3 3 3 2 A UL UL 37300 23.000 28500 €9900 36900 181M 9900 1•I S UL 9 4 3 4 34 3 2 A UL 55,000 €9,000 IBM 16500 MAW 18,000 10500 4500 1.2 S UL 4 2 3 1 NP 1 I NP A UL UL €3D00 11900 12,000 NP 12DOO 9.500 NP 1-3 5 UL 4 2 1 2 1 2 2 1 A UL UL 15900 10mo 30,500 7500 12900 7500 5,000 1.4 S UL 5 3 2 3 2 3 1 I A UL 60500 26500 13900 23690 13900 25500 18.5m 9.000 M S UL Il 4 4 4 4 4 3 1 A UL UL 21.500 12,500 1SSm 12,500 20,500 14900 9,000 R_1 5 UL 11 4 4 4 4 4 3 2 A UL UL 24.000 16.000 24,000 16,000 20500 12,000 79m R-2• S UL 11 4 4 4 4 4 3 2 A UL UL 24,000 16,000 24,000 16,00 203W 12,000 7,000 R-3� S UL II 4 4 d 4 4 3 3 A UL UL UL UL UL UL UL UL UL R_4 5 UL 11 4 4 4 4 4 3 2 A UL UL 24.000 16,000 I4,D00 16,000 20.504 12,000 7,000 S 1 S UL 11 4 3 3 3 4 3 I A UL 48.000 26.000 17,500 26,000 17.500 25300 14,000 9.000 S.7 5 UL I1 5 4 4 4 5 a 2 A UL 79,000 39,00 26DW 59.000 26.1100 38,500 21,1X70 13500 U SUL 5 4 2 3 til i f A - ! UL 1 35500 193100 8 500 14.004 2 8SW 18.000 4 2 1 9,[X70 SSIX) ek. —. 1 fan : U 0929 m UL = Unlsmncd A, app1.-t J in Scitinn IUI 2 Page 26 International Confet-enrc of' miiwittr Official, i 1997 UBC and 2000 IBC l\forist niclui-al Pi-ovisi.ons TABLE 5 -B -BASIC ALLOWABLE BUILDING HEIGHTS AND BASIC ALLOWABLE FLOOR AREA FOR BUILDINGS ONE STORY IN HEIGHT' A -Budding arca in square feet. N -No requirements for fire resistance. }I--BuMag height in number of stones. F.R.-Fire rsslstive. 11.1 -Heavy amber. M---Unlimi(ed. NP --Not permined. IFor multistory buitdiugs, see Section 504.2. '-For IImllAHOnS and exceptions, see Section 303.2. 3Fur Open parking garages, see Section 311.9- 3See Section 305.2.3. 'Sec Section 307, 6Sce Section 308.2.1 for exceplian to the allowable arca and number of stones io hospilals, nursing homes and healih-care Cenlers. 'See Sect ion 308.21-2. slur agnculiural buddinE�, see also Appcndlx Chapter 3. 9Far limitations and exceptions, see Section 310.2 10Pur T}p. II FR.. [tic maarminn height of Group I, Division I I Occupancies is iimilad to 75 feet {22 8(,() mm) For Type 11.One-hour eunstnielioa. the mammom height of Group I, Division 1.I [occupancies is limned to 45 feet (13 716 mm) hi€r-r-naliomd C:unft•rt nrwv rii' Rniltliog 0l7irial. Pulte 27 TYPES of CONSTRUCTION 1 II In IV V FRFA One Aaui H Ona -hour N H.I Ona•houi N Max,mum Haghf [1eeIJ 160 6 55 65 55 65 56 40 UL 148 768 mm{ [19 8125-1 (16 764 mm) (19 817 mm€ (16 76i mm] {19 H1I mm€ (15 240 mm) {12 141 mmy use Group HaighQArea Maximum Hcghl (sloriea) antl Maximvm Area (sq r1.) { x 0,0929 for m71 A -I H UL 4 A UL 29,900 Not flurmined A-2,2.12 H UL 4 2 Nf 2 NP 2 2P A UL 29,900 13.500 NI' 13,500 NP 13,500 10,500 NP A-3,4' €I GL 12 2 1 2 1 2 2 1 A UL 29,900 13,500 9,100 13.500 9,100 €3,50(} 10,500 6,000 B. F-1. M, S- I. If UL 12 4 2 4 2 4 3 2 S•3,S•5 A UL 39,900 18,000 12,000 18,000 12,000 18,000 14,000 8,000 ti•l, 2, 34 H UL 4 2 1 2 1 2 2 1 A UL 45,200 20,200 1 13,500 20,200 113,500 1 20,200 15,700 1 9,100 F-2. S-2 I I U11 12 4 2 42 4 3 2 A UL 59,900 27.000 18,000 27,000 18,000 1 27,000 21.000 12,000 A 15,000 12,400 5,600 3,700 Not Pernutled 11-25 H UL 2 1 1 l 1 1 1l 1 A 15,000 12,400 5,600 3,700 5,600 3,700 5,G00 4,400 2,500 11-3, k- 55 H UL 5 2 € 2 1 2 2 1 A UL 24,800 11,200 7,500 11,200 7,_00 11,200 8,800 5,100 11•G, 7 11 3 3 2 3 2 3 ; ] A UL 39,900 18.000 12,000 18,000 12.000 13,000 14.000 8,000 I.1 1, 1.26.10 H UL 3 1 NP I NP 1 I NP A UL 15,100 6.800 NP G,R00 NI' 6,800 3.200 NP 1.2 H LA, 3 2 NI' NI' 2 2 NP A UL 15,100 G.BQO �'I' G.R00 Nl' G,R40 5.200 NP €•s H A LIL UL 2 15,€0(} Noi Pennulecl7 R•t H ul, 12 4 29 4 29 4 3 29 A UL 29,900 13,500 9,1ou, 13,50(1 9,1009 1+,500 111.500 6,000" R-3 H UL 3 3 3 3 3 - 3 A Unlimited S-4' H A Sec fable 3-H us H A See Chapter 3 A -Budding arca in square feet. N -No requirements for fire resistance. }I--BuMag height in number of stones. F.R.-Fire rsslstive. 11.1 -Heavy amber. M---Unlimi(ed. NP --Not permined. IFor multistory buitdiugs, see Section 504.2. '-For IImllAHOnS and exceptions, see Section 303.2. 3Fur Open parking garages, see Section 311.9- 3See Section 305.2.3. 'Sec Section 307, 6Sce Section 308.2.1 for exceplian to the allowable arca and number of stones io hospilals, nursing homes and healih-care Cenlers. 'See Sect ion 308.21-2. slur agnculiural buddinE�, see also Appcndlx Chapter 3. 9Far limitations and exceptions, see Section 310.2 10Pur T}p. II FR.. [tic maarminn height of Group I, Division I I Occupancies is iimilad to 75 feet {22 8(,() mm) For Type 11.One-hour eunstnielioa. the mammom height of Group I, Division 1.I [occupancies is limned to 45 feet (13 716 mm) hi€r-r-naliomd C:unft•rt nrwv rii' Rniltliog 0l7irial. Pulte 27 1997 UBC and 2000 IBC Nonstructural Provisions .Area Increase f®r Frontage 1997 UBC • Increase based on having two, three or all sides open • `1'o be considered open, entire side to be open for width to be used in calculation • Maximum increase of 50% for 2 sides open, 100% for three or all sides open • Increase in allowable area based on number of sides open (2 sides - 1 1/401o, 3 sides - 2 1/2%, all sides - 5%) • No requirement for access 2000 IBC - Section 505.2 • Based on percentage of perimeter open • No increase where perimeter <_ 25% open • Maximum increase of 75% where entire perimeter is open (150% for certain occupancies) • Open space to be > 20 feet to be considered open, with >_ 30 feet to obtain maximum increase (60 feet for certain occupancies) • Open space to be accessed from street or fire lane • Calculated area increase by following formula: If = 100 F _ 0.25 W P 1 30 Where: If = Area increase due to frontage (percent) F = Building perimeter that fronts on a public way or open space having 20 feet open minimum width. P = Perimeter of entire building. W= Minimum width of public way or open space. Note: its cannot exceed I except in buddinr s allowed b to be unlimited in area by Section 503.1.2, 507 or 508 where it cannot exceed 2 Page 30 tnlernational Conference of I1nildin, 017i+ -i.& 1997 UBC awl 2000 JBC 1Vortstrztcliixal ProUlsr.oms Examples of Area Increase for Frontage Given: Yards as shown, 40' street, Group 13 occupancy Detcrmtne: 1'crcenta,e increase for arca purpose ( t f ) I �5 I I I j $0, I I I 45' 150' 70' I 50' Centerline of 40' street _ Given: Yards as shown, 2-60' streets Group A-3 Occupancy Type lrB construction Determine: Maximum allowable area 40' 1 I I� ( 40• I o 40' 60' 50' I 0 ' I ._ _.—.—.—.—.—.—.—.—._._._._.�.. Centerline of 60' street From Table 503: Basic allowable area = 9500 sq. ft Frontage increase = ::)035 sq. ft. (0.53 x 9:x00) Maximum allowable area = 1.1.53:5 sq. ft. 100 F - 0.25 W P 30 F = 310' P = 460' W= 45' 100 310 - 0.25 _45 1460 30 100 [0.67 - 0.251 1.0 (Cannot Exceed 1 0) 100 [0.42] 1.0 if = 42% Note: 63% (0.42 x 1.5) increase where building perntittcd to he of unlimited area loo F - 0.25 W P 30 F = 320' P = 360' W= 25' 100 -320- 0.25 25 360 30 100 [0.89 - 0,251 0-S-) (Cannot Exceed 1.0) 100 [0.64] 0.83 if = 53%n ithie•reeatiomil Omfereieee• of iteiiieiijtg t)flie•ia& Page 31 1997 UBC sand 2000 IBC Aon -structural Provisions 'notal of .Area MoWleations 1997 UBC • Allowable area for single -story buildings based on: (Basic allowable area) x (open space increase) x (sprinkler increase) Allowable area for multi -story may be doubled: (Basic allowable area) x (open space increase) x (sprinkler increase) x 2 2000 IBC - Section 506.1 Allowable area formula is additive Maximum area of buildings 3 or more stories in height limited to 3 times the permitted single floor area ° Allowable area per floor based on following formula: A° =A,+ I ! 0o fi ! OOf Miere: AQ = Allowable area per floor (square feet) Ar = Tabular area per floor according to Table 503 (square feet) If = Area increase due to frontage (percent) according to Sec. 506.2 Is = Area increase due to sprinkler protection (per- cent) according to Sec. 506.3 Pulte 32 Interrnational Conl'CrenWr Of Ijuildim.; Oftiri:1l: 1997 UBC 'tfLd 2000 IBL Nortstructttretl Pr-ovisiorts Example of Area Modifications Given: lour -story office building Type 11.13 construction Fully sprinklered Yards and streets as shown Determine: Maximum allowable area per floor- (Aa) Aa=At+ + –I01rA 100 40' Centerline of 60' Street _ — At = 23,000 sq. ft (Table 503) If= 100 + 220 - 0.25 25 = 100 [0.69-0.25]0.83 = 37% 320 30 Is = 200% (multi -story building) Aa = 23,000 + 23,000 (37)+ 23,000 (200) 100 100 = 23,000 + 8510 + 46,000 = 77,510 square feet per floor (232,530 sq. ft for building.) 1997 UBC = 49,500 sq. ft/floor, 66,000 sq. ft/building (limilcd to 2 stories) f ltth"rn:ttional Conference of Btsiletieih Offici:eh Yaffe 33 1997 UBC and 2000 IBC Nonstructural Provisions Unlimited Area Buildings 1997 UBC • Unlimited area permitted for groups B, E M, S and 1-1-5 under specific conditions • Unlimited area also permitted for Groups F-2 and S-2 of other than Type V construction • Other occupancies permitted where limited by 10% rule and Table 5-13 2000 IBC - Section 507 • Unlimited areas buildings permitted under the following conditions: - One-story F-2 or S-2 with minimum 60' yard and of any construction type - One-story sprinklered Groups A-4, 13, F, M or S with 60' yard (sprinklers may be ornit- ted from participant areas of A-4 under specific conditions) - Two-story sprinklered I3, F, M or S uses with minimum 60' yards • Reduction of 60' open space down to 40' permitted where: - Reduction applies to < 75% of building perimeter - Exterior walls at reduced open space to be minimum 3 hours - Openings in wall at reduced open space to be protected 3 hours • In Groups F and S, fire areas of H-2, kI-3 and I -I-4 permitted up to 10% of floor area where located at building perimeter, but not to exceed areas based on Table 503 plus frontage increases - Such fire areas not located at perimeter only permitted up to 25% of area limitations of Table 503 • Gr•oup E occupancies may be unlimited in area wber•e: - One story - Type II, IIIA or IV construction - Each classroom to have 2 means of egress, with at least one to outside - Fully sprinklered - 60' yards • Motion picture theaters may be unlimited in area where: - One story - Type I or 11 construction - Fully sprinklered - 60' yards 40' 3 -hr, exterior wall with min. 3 -hr. protected openings i_071 Retail Sales Building 40' min. min Open Space 60 min. Page 34In�rr�ca[iunal C<iufrrrn�'r u( tSEiiE�li�r Oflit ial� 1997 UBC and 2000 .IB(L Nonstruetttrctl Provisions Special Area and Height Allowances 1997 UBC • No special provisions for unlimited height (aircraft storage and maintenance hangars excepted) • No special height increases for apartment buildings • Special provisions for enclosed parking below Groups A-3, B, M and R-1, but do not apply to open parking garages 2000 IBC - Section 508 • Unlimited height permitted for Groups B, M and R in Type 1B construction where: - Columns 3 -hour protected - Other structural members, including floors, minimum 2 -hour protected - Roofs and roof structure to be minimum 1 112 -hour protected • Group R-2 (apartment buildings) height may be increased to six stories and 75 feet in Type IIIA construction where first floor construction has 3 -hour fire resistance rating and floor area subdivided by 2 -hour fire walls into areas e 3000 sq. ft. • Group R-2 occupancies of 1IA construction may be 9 stories and 100 feet in height where: - 50' separation to lot Iines and other buildings - Exits segregated with 2 -hour fire wall - First floor construction to be min. 11/2 -hour rated • Open parking garages permitted beneath A, 1, B, M and 11 occupancies 11 stories 160 ft. 9 stories Unlimited 6 stories 100 ft. height 4 stories 75 €t. 4 stories 65 ft 65 ft. Table 503 Section 508.4 Groups B, M or R Type IB Table 503 Section 508.6 Group R-2 Type IIIA Table 503 Section 508.7 Group R-2 Type IEA III W111a: 0MLI ConFerent- of Btid sing Officials Page 35 1997 UBC and 2000 .CBC Nonstructural Provisions 11pe of Construction Classifications 1997 UBC • Types of construction: - Noncombustible: "Type 1 -ER.; Types II -ER., II Onc-110ur; 11-N - Combustible: Types III One-11OUr, III N; Type IV; Types V One-hour, V -N 'FABLE 6-A—TYPES OF CONSTRUCTION--FIRE-RESISTIVE REQUIREMENTS (In Hours) For details, see occupancy section In Chapter 3. [Yee of construction sectlons in this chant --11 snr-linin—F...., r..e i.. this f�hlc BUILDING ELEMENT TYPE TYPE 11 TYPE in TYPE IV TYPE V N--bualibl° Combustible F --.fire F --t— 5-N,. !1 -He N H.T. 1•Hc N I. P3-anng walls—exterior 4 Sec, 602.3.1 4 Sec, 603.3.1 1 N 4 Sec. 604.3.1 4 Sec. 604.3.1 4 Sec. 605.3.1 1 N 2. Bearing watls—mlenor 3 2 1 N 1 N I ] N 3. Nonhcanng walls --- extenor 4 Sec. 602.3.1 4 Sec. 603.3.1 1 Sec. 603.3. I N 4 Sec. 604.3. l 4 Sec. 604, 3.1 4 Sec, 60 5.3.1 I N 4. Structural fr mel 3 2 I N I N I or H.T. I N 5. Partitions--rerminent 12 17 12 1 N I N I or H.T. I N 6. Shaft cuclosun:0 2 2 1 1 1 1 1 1 1 7. Floors and floor -ceilings 2 2 1 N ] N H.1: 1 N S. Roofs and roof -ceilings 2 Sec. 602.5 1 Sec. 603.5 1 Sec. 603.5 N I N H.T. I N 9. Exicnor doors and windows Sec, 602.3.2 Ste. 603.3.2 Sec. 603.3.2 Sec. 603.3 .2 Sec. 604.3.2 Sec, 604.3.2 Sec. 605.3.2 Sec. 606.3 Sec. 606.3 W. Slairwayconslrucllon Sec. 602.4 Sec. 603.4 Sec, 603.4 Sce. 61134 Sec. 6044 Sec. 604.4 Sec. 605.4 Sec. 606.4 Scc. 606.4 2000 LBC - Chapter b • Types of construction: �� [f b?--- - Noncombustible: Types IA, IB; Types IIA, IIB - Combustible: Types IIIA, 1III3; Type IV; Types VA, VB --- 1� TABLE 601 FIRE -RESISTANCE RATING REQUIREMENTS FOR BUILDING ELEMENTS (hours) 17 I -t l • _ 1 J S Page 36 International Conferenrr of 1{uilelinr officials TYPE TYPE 11 TYPE III TYPE IV TYPE V BUILDING ELEMENT A B Ad 6 Ad a HT Ad a Structural frame' Including columns, girders, trusses 3b 2b 1 0 i 0 HT 1 0 Scaring walls — - Exteriors 3 2 3 0 2 22 1 0 Interior 3b 2b 1 0 1 0 I/HT 1 0" Nonbcaring wails and partitions Exterior See Takla 602 Interior= See Section 603 Floor construction Including supporting beams 2 2 l 0 1 0 HT 1 0 and joists Roof construction Including supporting beams 1V:c lc I Dc I 0 HT lc 0 and joists 17 I -t l • _ 1 J S Page 36 International Conferenrr of 1{uilelinr officials 1 1997 UBC alLd 2000 IBC Noristructicral Provisions Fire -Resistance Reductions f®r Buildings Elements 1997 UBC • No reduction for roof supports • Roof system may be unprotected under following conditions: - One-story portions of Group A when roof is open without concealed spaces (Types 11 One-hour, III One-hour, V One-hour) - Group S-2 occupancies - Other than structural frame in Groups A and E and for atriums, where roof framing >_ 25 feet above floor Nonbearing interior wall reductions/modifications for stores/offices and residential uses 2000 IBC - Table 601 • Where supporting only a roof, structural frame members and bearing wall supporting a roof may have fire -resistance rating, reduced by one-hour in Types IA and IB construc- tion • For occupancies other than Groups F-1, 1-1, M and S-1, fire protection of roof structure not required where all of roof construction >_ 20 feet above floor • Meavy -timber roof system permitted where one-hour rating is required • Dire -retardant -treated wood permitted in roof girders and trusses for Types. I and 11 buildings < 2 stories in beiaht • Nonbearing interior walls require no fire rating regardless of occupancy or use Applicable to all construction types structural aming and Ilit rrn❑bona] Conference of Ba leling Officials Page 37 f 1997 UBC and 2000 IBC Nonstructural Provisions Exteri®r Wall Fire -Resistance Ratings used on Fire Separati®n Distance 1997 UBC • Table S-A based on type of construction and occupancy • Four-hour exterior wall required in certain situations • Some thresholds at 20 feet and 40 feet from property line • Table S-A includes type of construction provisions 2000 IBC - Table 502 • `fable 602 based primarily on occupancy type • Highest required rating for exterior wall is 3 hours • Final threshold at >_ 30' • Type of construction requirements not addressed in Table 502 Inge 38 Iu[errriatiuttal Conferrtlre� of 13uihlinr e�rr,�•i:�l> TABLE 602 FIRE -RESISTANCE RATING REQUIREMENTS FOR ExTERIOR WALLS BASED ON FIRE SEPARATION DISTANCE" FIRE SEPARATION DISTANCE TYPE OF (lest) CONSTRUCTION GROUP H GROUP F -t, GROUP A, B, E, M, S -i F-2, Z, Rp, S•2, U < 51 All 3 2 1 z 5 I -A 3 2 ] < 10 Others 2 1 1 z 10 I -A, 1-8 2 I I < 30 11-B, y -B 1 0 0 Others 1 1 I z 30 All 0 0 0 `704, A, Inge 38 Iu[errriatiuttal Conferrtlre� of 13uihlinr e�rr,�•i:�l> 1997 UBC and 2000 JB it- Nonstructural Provisions TABLE 5-A—EXTERIOR WALL AND OPENING PROTECTION BASED ON LOCATION ON PROPERTY FOR ALL CONSTRUCTION TYPESt,2,3 For exceptions, see Section 503.4. ExTEMOR WALLS 1111VI-raliurtal ConfVr•e•nce of F3tlijIlinr Qflic'ia1S Page 39 V One-hour Elcanng INonbearing OPENING55 OCCUPANCY CONSTRUCTION Dalancn are measured to property lines (see Semen 503)_ k 304.5 roe mm GROUP't TYPE G.R. Four-hour NIC Four-hour NIC less than 5 feet Nut permitted less than 5 feel Il-F.R. One-hour N1C elsewhere Two-huur NIC less Ilton 20 feet Protected less than 20 )ecl 11-N Two-hour NIC less than 5 feel One-hour NIC less than 40 feet Not permitted less than 5 feel One-hour NiC Icss than 20 feet NR, NIC elsewhere Protected less than 10 feel II One -Lour NP, NIC- elsewhere Ad 11 _N Ill :N, III One-hour Four-hour NIC less titan 5 feel Not permitted less than 5 lect III -N Group A. Division I Occupancies are not allowed in these construction types. IV -I I.T. Protected less titan 20 feet V One-hour One-hour NIC less than 40 feet V -N A-2 W."k, tour -hour NIC Four-hour NIC less than 5 feet Not permitted less than 5 feet A-2. t II-F.R. Same as beanng Two-hour NIC less than 20 fact Protected less than 20 feet A-:, 111 One-hour One-hour NIC less than 40 feet A-4 MILT. Same as bearing NR, N/C. elsewhere 11 Oae-hour Two-huur NIC less than 10 feet Same as bearing except NR, NIC 40 Not permiucd less than 5 feel NR elsewhere One-hDur NIC elsewhere feel or greater Protected less than 10 feet It Oue-hour I I -N Some as beanng except NR, NIC 40 A-2.1 ' III -Ni Group A, Divisions 2 and 2.1 Occupancies are not allowed in these construction types. V•N 1111VI-raliurtal ConfVr•e•nce of F3tlijIlinr Qflic'ia1S Page 39 V One-hour Two-hour less than 10 feet Same as bearing Nut permitted less than 5 feel One-hour elsewhere Prolected less than 10 fed 11 One-hour Two-huur NIC less than 5 feel Sante as bearing except NR, NIC 40 Not permitted less than 5 feet One-hour N1C elsewhere feet or grealer Protected less than 10 fees 11-N Two-hour NIC less than 5 feel Same as bearing Not permitted less than 5 feel One-hour NiC Icss than 20 feet Protected less than 10 feel NP, NIC- elsewhere Ill :N, Four-hour NIC Four-hour NIC less titan 5 feel Not permitted less than 5 lect A-' Two-hour NIC less than 20 fwt Protected less titan 20 feet One-hour NIC less than 40 feet NR. NIC elsewhere V One-hour Two-hour less than 5 feet Same as beanng Not permitted less than 5 feet One-hour elsewhere Protected less than 10 feel V -N Two-hour less than 5 feet Same as bearing Not permitted less than 5 feel One-hour less than 20 feel P"Lclod less than 10 fee NR elsewhere It Oue-hour One-hour NIC Some as beanng except NR, NIC 40 Protected less than 10 feel feel or greater II -N One-hour NIC less than 10 fed Same as bearing Protected less than 10 feel NR. NIC elsewhere III -N Four-hour NIC Four-hour NIC less than 5 feet Not permitted less than 5 feet A4 Two-hour NIC less than 20 feet Protected less than 10 feet One-hour NIC less than 40 feel NR. NIC elsewhere V Onc•lhour One-hour Some as bearing Protected less than 10 feet V,N'One-hour less than 10 feet Same as bearing Protected less than 10 feel NR elsewhere Four-hour NIC leis than 5 feet Four-hour NIC less than 5 feet Not permitted less than 5 fuel 13 F. I M 11•F -R Tw-o-hour NIC elsewhere Two-hour NIC less than 20 feet Protected less than 20 feet S- I, S -s Ill One-hour One-hour NIC less than 40 feet ill -N Nit, NIC elsewhere IV -11 T- 11One-ihnur One-hour NIC Same as bearing except NR, NIC 40 Not permitted less Than 5 feel feet or greater Protected less than 10 feel B it -N, One-hour NIC less than 20 feel Sarre as hearing Nut permitted less than 5 feel F•i Nit, NIC elsewhere Pro4ec icdless than 10 feel At V One-hour Ooc-hour Same as bearing Not permitted less than 5 feel S•1, S Protected less than 10 feel V•N One-hour Icss than 20 feel Same as bearing Not penni tied less than 5 feet NR elsewhere Protected less than 10 feel 1111VI-raliurtal ConfVr•e•nce of F3tlijIlinr Qflic'ia1S Page 39 f 1997 UBC and 2000 IBC Nt.restructural Provisions Fire esxstaut Components 1997 UBC • Area separation walls - separate structure into two or more buildings for type of construc- tion and allowable area purposes • Occupancy separations - vertical and/or horizontal fire assemblies designed to separate dissimilar uses • Fire -resistive walls/partitions and floor -ceiling assemblies- utilized to provide enclosures for various purposes, such as exterior wall protection, shaft enclosures, corridors, shaft enclo- sures, horizontal exits, etc. 2000 IrBC - section 702 Fire wall - fire -resistance -rated wall with protected openings that extends continuously from foundation to or through roof and having sufficient structural stability under fire condi- tions to allow collapse on either side without collapse of wall Fire barrier - fire -resistance -rated vertical or horizontal assembly of materials designed to restrict the spread of fire and in which openings are protected • Fire partition - vertical fire separation with protected openings and limited to a maximum rating of one hour Fire area - aggregate floor area enclosed and bounded by fire walls, fire barriers, exterior walls or fire - rated horizontal assemblies x r 116X, (�C Cc�-Ci��.tl E� 4e! Fre Wall 2, 3 or 4 Hours Vertical, H 3v � e Barrier 1 .3., 3or 4 Hours erti .at anW.' Horizontal Fire Partition 1 Hour Vertical Page M Intermiatiotial Confers race of Bn if ing Official. January 3, 2003 MERIDIAN CITY COUNCIL MEETING January 7, 2003 APPLICANT ITEM NO. REQUEST Water Service Easement, Locust Grove Elementary School — Joint School District No. 2 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Memo / Easement Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City I of MerME- Public Work -s Depi Jml To: Sharon Smith From:Gary D. Smith, PE CC: file Date: December 24, 2002 Re: Easements — Council Approval NED ,OEC Z 6 2002 City pf Afeii City Clerk Orman Hi Sharon: I would appreciate it if you could put the following listed easements on the next available City Council Consent Agenda: 1. Cooper Canyon/Paddington Subdivision: This is a multi -family development located east of Locust Grove Road and takes access to the south off of Wilson Lane. It is south and west of D&B Supply, This easement contains a public sewer and water line to serve the multi family buildings on this site. 2. Cedar Point Building: This easement contains a City water main providing fire protection to this commercial building, which is located on Lots 415, Block 2 in the Silverstone Subdivision, located at the southeast comer of Overland and Eagle Rd. 3. Meridian School District: The following two easements concern the School District. a. Meridian High School: This easement contains a water line providing service to the High School from Linder Road and from Pine Street. b. Locust Grove Elementary School: This easement will contain a waterline .,� providing water service and fire protection for the soon to be constructed Locust Grove Elementary School, located north and east of the present Charter School. Thanks, ® Page 1 From the desk of... Gary D. Smith, PS Public Warks Director Meridian Public Works Department 660 H Watertower Lane, Suite 200 Meridian, Idaho 83642 (208) 89&M Fax. (208) 887=1297 December 12, 2002 Bruce Freckleton Meridian City Public Works 660 E. Watertower Lane, Suite 200 Meridian, D 83642 JOINT SCHOOL DISTRI( SIO. 2 Ada and Canyon Counties 911 Meridian Street Meridian, Idaho 83642 Phone (208) 888-6701 Fax (208) 888-6700 Re: Water Main Easements. Meridian High School and Locust Grove Elementary Dear Bruce: Please find attached 2 original for the attached easement dedication: 1.) Meridian High School new and existing on-site water main service. 2.) Locust Grove Elementary new on-site water main service. Please return a copy upon execution by the city Should you have any questions please give me a call. Sincerely, Wendel Bigham Supervisor Facilities and Construction A �r�-Iza 1-e 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 of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then; to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement Mage 1 S W M6DA 1 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: stine Donnell, Superintendent,/ STATE OF IDAHO ) ) ss County of Ada ) On this I I`r'e day of Dcc , 2402, before me, the undersigned, a Notary Public in and for said State, personally appeared V,r -Po vin'c l� and known or identified to me to be the Superintendent of Joint School District No. 2 that executed the within instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEeI�yQV.,I have hereunto set my hand and affixed my official seal the day and year fist above written. ese,.%jy D Sid, °eso�•° Q O� AR r ° • ' NOTARY PUBLIC FOR I AHO G ° p Residing at��� J'� °s®®j a°4®Q,�,:, Commission Expires: 3 2`t 2DD3 `•1°°1`Q ITE ,O p ` 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 $WPM6DA i neers Surveyors Planners Project: 11850.071 Date: November 20, 2002 EXHIBIT 'A' LOCUST GROVE ELEMENTARY WATER LINE EASEMENT PARCEL DESCRIPTION A parcel of land as shown on ROS 5920, being a portion of the North 1/2 of the Southwest YQ of Section 32, T.4N., R.1 E., B.M., Ada County, Idaho, and represented on the attached Exhibit B, being more particularly described as follows: Commencing at the West 1/4 corner of said Section 32 marked by a found aluminum cap; thence along the Westerly boundary of said Southwest 1/4 of Section 32, South 0031'04" West, 284.29 feet to a point; thence leaving said boundary South 89028'56" East, 1,261.12 feet to the POINT OF BEGINNING; thence North 60039'57" East, 145.61 feet to a point; thence North 15°31'57" East, 36.04 feet to a point; thence North 74°28'03" West, 20.00 feet to a point; thence North 15031'57" East, 20.00 feet to a point; thence South 74°28'03" East, 20.00 feet to a point; thence North 15031'57" East, 123.97 feet to a point; thence South 89034'35" East, 203.90 feet to a point; thence South 74°28'03" East, 47.49 feet to a point; thence North 15031'57" East, 10.00 feet to a point; thence South 74128'03" East, 20.00 feet to a point; thence South 15°31'57" West, 10.00 feet to a point; thence South 74°28'03" East, 90.00 feet to a point; thence South 29°28'03" East, 166.88 feet to a point; thence South 15031'57" West, 69.33 feet to a point; thence South 74°28'03" East, 10.00 feet to a point; thence South 15131'57" West, 20.00 feet to a point; thence North 74°28'03" West, 10.00 feet to a point; thence South 15031'57" West, 80.34 feet to a point; thence South 60°31'57" West, 187.15 feet to a point; thence North 74028'03" West, 136.78 feet to a point; lY neers Surveyors Planners thence South 15°31'57" West, 10.00 feet to a point; thence North 74°28'03" West, 20.00 feet to a point; thence North 15°31'57" East, 10.00 feet to a point; thence north 74°28'03" West, 3.25 feet to a point; Exhibit 'A' Locust Grove Water Line Easement November 20, 2002 Page 2 thence South 3731'57" West, 133.57 feet to a point on a non -tangent curve; thence along said curve to the right, 20.06 feet, with a delta of 4010'48", a radius of 275.00 feet, tangents of 10.04 feet and a long chord which bears North 48005'13" West, 20.06 feet to a point; thence North 37°31'57" East, 145.53 feet to a point; thence South 74028'03" East, 165.24 feet to a point; thence North 60°31'57" East, 170.58 feet to a point; thence North 15°31'57" East, 153.10 feet to a point; thence North 29028'03" West, 150.31 feet to a point; thence North 74°28'03" West, 146.55 feet to a point; thence North 89034'35" West, 185.93 feet to a point; thence South 15031'57" West, 100.70 feet to a point; thence South 74°28'03" East, 20.00 feet to a point; thence South 15031'57" West, 20.00 feet to a point; thence North 74028'03" West, 20.00 feet to a point; thence South 15°31'57" West, 52.28 feet to a point; thence South 60031'57" West, 153.89 feet to a point; thence North 29028'40" West, 20.00 feet to the POINT OF BEGINNING. Said parcel containing 30,887 square feet (0.71 acres), more or less. END OF DECRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. RMH:Ihc f:\projectmanagers\GAL\11850\decriptions\11850merh2oeas. doc CP °� o 'gyp �rl� 0 F �O��C��+i H��D �p0 E Fi■ m X W Go N r4d 008 F4 d'4 � 0 N 0 iP\ \'+ N I�w rte' to of oo m tt4 to rg19 M- OD 1 rN n O W P C] �I CS I $ [p $ N CO �� r7 `L�•L£�lly� 1 -LO rn 3C ■ -� 10 SO f V $ ca $ \\ C; �p ■ 'C", NCV �a g - \ adgLO V5 Z Z z W W :2:�E W W W Q W N 6ZJSZM.v% Locos _ w I! 1 10, Op Cn N CD N E 3 � J TA 690 Isn:DoI 'tv T OM Li Y \� 0 0 _ Q w gzM00 py pzo Q � U U O GI JW January 3, 2003 MERIDIAN CITY COUNCIL MEETING January 7, 2003 APPLICANT ITEM NO. REQUEST Water Service Easement, Meridian High School — Joint School District No. 2: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See Attached Memo / Easement 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. 'C 6 2002 Hi Sharon: I would appreciate it if you could put the following listed easements on the next available City Council Consent Agenda: 1. Cooper Canyon/Paddington Subdivision: This is a multi -family development located east of Locust Grove Road and takes access to the south off of Wilson Lane. It is south and west of D&B Supply. This easement contains a public sewer and water line to serve the multi -family buildings on this site. 2. Cedar Point Building: This easement contains a City water main providing fire protection to this commercial building, which is located on Lots 415, Block 2 in the Silverstone Subdivision, located at the southeast corner of Overland and Eagle Rd. 3. Meridian School District: The following two easements concern the School District. a. Meridian High School: This easement contains a water line providing service to the High School from Linder Road and from Pine Street. b. Locust Grove Elementary School: This easement will contain a waterline providing water service and fire protection for the soon to be constructed Locust Grove Elementary School, located north and east of the present Charter School. Thanks, From the desk of... Gary D. Smith, PE Public Works Director Meridian public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 Page [ (2t18) 898,5500 Fax. (208) 887--1297 December 12, 2002 Bruce Freckleton Meridian City Public Works 660 E. Watertower Lane, Suite 200 Meridian, ID 83642 t JOINT SCHOOL DISTRICT NO. 2 Ada and Canyon Counties 911 Meridian Street Meridian, Idaho 83642 Phone (208) 888-6701 Fax (208) 888-6700 Re: Water Main Easements, Meridian High School and Locust Grove Elementary Dear Bruce: Please find attached 2 original for the attached easement dedication: 1.) Meridian High School new and existing on-site water main service. 2.) Locust Grove Elementary new on-site water main service. Please return a copy upon execution by the city Should you have any questions please give me a call. Sincerely, Wendel Bigham Supervisor Facilities and Constriction WATER MAIN EASEMENT THIS INDENTURE, made this _ day of , 20 between Joint School District #2, 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 waterline and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times_ In consideration of allowing Grantee to perform work on and/or operate within the said described parcel, Grantee expressly agrees to indemnify, save and hold harmless Grantor, it's successors assigns, against any and all claims, suits, demands, actions, debts; injuries to persons, and damage to property, damages, costs, charges, and expenses, including all court costs and attorneys fees, and against any and all liability, Iosses and damages of any nature whatsoever, the "Damages" that the Grantor shall or may at any time sustain or be put to be by reason or as a result of Grantee performing, working on and/or operating within the here in above described parcel; provided that the damages are not caused by the negligence or other breach of legal duty by Grantor. 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 Linc, 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. Water Main Easement Page I Meridian High School.doc 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 casement, 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 Iies 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 Iawfully 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: JOINT SCHOOL DISTRICT #2 resident Secretary STATE OF IDAHO ) ss County of Ada ) On this '1 41� day of D ECQK)) e V , 2002, before me, the undersigned, a Not Public in and for said State, personally appeared 1'hxis ine DDnne and v1 D. , known or identified to me to be the President and Secretary, respectively, of the corporation that Lecuted the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. 4*1 11 a G s�eBSlie as Sib 1►'l(,(�,cGtC�1[�t • ��_ NOTARY PUBLIC FOR IDAHO Residing at Commission Expires: 9-27-03 Water Main Easement Page 2 Meridian High School.doe GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Water Main Easement Page 3 Meridian High School.doc EXHIBIT A PERMANENT EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO An easement for waterline purposes located in the SE '/4 of the NE '/, of Section 11, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monunnent marking the southeasterly corner of said SE of the NE''/n; Thence N 0°09'43" E along the easterly boundary of said SE % of the NE '/4 a distance of 463.34 feet to the POINT OF BEGINNING; Thence continuing N 0°09'43" E a distance of 15.00 Leet to a point; Thence leaving said easterly boundary S 89°45'50" W a distance of 395.66 feet to a point; Thence N 0')56'14" E a distance of 284.92 feet to a point; Thence N 89003'46" W a distance of 15.00 feet to a point; Thence S 0'56'14" W a distance of 285.16 feet to a point; Thence N 8990'53" W a distance of 365.41 feet to a point; Thence N 0°29'07" E a distance of 1 1.1.2 feet to a point; Thence N 89°30'53" W a distance of 10.00 feet to a point; Thence S 0129'07" W a distance of 11.53 feet to a point, Thence S 85°02'20" W a distance of 13,19 feet to a point; Thence N 89°23' 15" W a distance of' 12.23 feet to a point; Thence S 0°36'45" W a distance of 15.00 feet to a point; Thence S 89023'15 " E a distance of 312.96 feet to a point; Thence N 85002'20" E a distance of 17.58 feet to a point; Thence S 89°30'53" E a distance of 39.58 feet to a point; Waterline Easement Page 2 Thence S 0°2343" E a distance of 141.99 beet to a point; Thence S 41 °3622" W a distance of 21.38 feet to a point; Thence S 0°23'50" W a distance of 301.56 feet to a point on the southerly boundary of said SE 3/4 of the NE '/n; Thence S 89°37' 17" E along said southerly boundary a distance of 15.00 beet to a point; Thence leaving said southerly boundary N 0°23'50" E a. distance of 295.92 feet to a point, Thence N 41°36'22" E a distance of 21.50 feet to a point; Thence N 0°23'43" W a distance of 147.51 feet to a point; Thence S 89°30'53" E a distance of 321.38 beet to a point; Thence N 89°45'50" E a distance of 405. l3 feet to the POINT OF BEGINNING. This parcel contains 0.64 acres and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated October 29, 2002 ct� 5W, All © v O � Z�Llj �O 3m 0 W 0 � � W 0 v W � bh m � a Q V LLJ m V W (Y 0 v 0 © v W_ 3m LL � � W +o 14) bh m a m 2 (Y Er to O Z6 t8Z 3 tr,9S.0 N i Ir Of 2 9! S8z f! t1,9S.0 S Q � LL U h q LQ h IN Z ro 0 ,rS'Ltr� �:r*,fz.0 1 3 ,. , Fz.O Z 3m +o �� Wr bh to h i W 2 h q a Z h n Z h OV08 y30NFI 3_1.600 N 3 ,OS,re. 0 N hf _09-rz0 s ,$I BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 6.06ACRES FOR PROPOSED MOSHERS FARM SUBDIVISION, LOCATED AT 895 N. TEN MILE ROAD, MERIDIAN, IDAHO CMD, INC., APPLICANT CIC 12-10-02 Case No. AZ -02-023 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on December 10, 2002, at the hour of 7:00 p.m., and Brad Hawkins -Clark Interim Director for the Planning and Zoning Department, Brad Watson of the Public Works Department, Rod Ralphs, Doug Campbell, and Irma Atkinson, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT I . There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MOSHERS FARM (AZ -02-023) Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, and is approximately 6.06 acres in size, is located at 895 N. Ten Mile Road, Meridian, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is Betty Mosher, 895 N. Ten Mile Road, Meridian, Idaho, and the applicant is CMD, Inc., 1661 Shoreline Drive, Boise, Idaho 83702. The property is presently zoned RUT, and consists of single family rural residential. 6. The Applicant requests the property be zoned as R-8 with a Planned Residential Development, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential. 7. The subject property is bordered to the north by Berkeley Square Subdivision, to the south by rural residential, to the east by undeveloped land, and to the west by Chaparral Elementary School. 8. There are no significant or scenic features of major importance that affect the consideration of this application. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 9. The City Council recognizes the concerns of Wendel Bigham, point School District No. 2, expressed in his letter dated September 23, 2002. 10. Giving due consideration to the comments received from the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MOSHERS FARM (AZ -02-023) governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Annexation & Zoning Comments 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian.. Wells may be used for non-domestic purposes such as landscape irrigation. Applicant shall be responsible for the actual physical connection as well as payment of applicable fees at the time of service conversion. B. 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 48 -feet of right-of-way from the centerline of Ten Mile 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 ACHD Ordinance #195. The Applicant shall comply with Ada County Highway District requirements as submitted or as expressly modified by ACHD. 2. Provide a $9,900.00 deposit to the Public Rights -of -Way Trust Fund at the Dis- trict for the required street improvements of approximately 495 -feet of 5 -foot wide concrete sidewalk abutting the parcel, prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MOSHERS FARM (AZ -02-023) 3. Construct the main entrance to the subdivision, West Ashley Avenue, on Ten Mile Road approximately 100 -feet south of the north property line, as proposed. This roadway location meets District policy and is approved with this application. 4. Construct West Ashley Avenue with 21 -foot street sections on either side of a center median. The median shall be constructed a minimum of 4-fcet wide (maximum 12 -feet wide) to total a minimum of a 100 -square foot area. The applicant will be required to dedicate 54 -feet of right-of-way plus the additional width of the median. 5. Construct North Brittney Court approximately 180 -feet west of Ten Mile Road. (measured from centerline to centerline). This location meets District policy for offset requirements and shall be approved as proposed. Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 6. Construct an ACRD approved turnaround at the end of West Ashley Avenue and North Brittney Court. The turnarounds shall be constructed to provide a minimum turning radius of 45 -feet and provide a minimum of a 29 -foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4 -feet wide to total a minimum of a 100 -square foot area. Submit a design of the turnaround for review and approval by District staff. 7. Other than the access point specifically approved with this application, direct lot or parcel access to Ten Mile Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 8. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 9. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 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 - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MOSHERS FARM (AZ -02-023) 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 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 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. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MOSHERS FARM (AZ -02-023) C. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. The District requires that a Land Use Change application be filed. D. Adopt the action of the Council from their December 10, 2002 meeting as follows: The applicant shall be required to tile the Ten Mile Drain at the east end to accept the sidewalk and the tiling shall be efficient enough to allow the sidewalk to be extended, and additionally install railing across the Ten Mile Drain for safety. 11. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 10, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 12. It is also found that the development considerations as referenced in Finding No. 10 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 13. It is found that the zoning of the subject real property as Medium Density Residential (R-8) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map, which designates the subject property as Medium Density Residential. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONiNG/MOSHERS FARM (AZ -02-023) 14. The subject annexation request and zoning designation and proposed development relates to and is harmonious and compatible with the goals and policies of the effective Comprehensive Plan (`02) and Future Lane Use Map, which designates the land to be Medium Density Residential. future. 15. It is not anticipated that the applicant intends to rezone the subject property in the 16. It is found that the proposed single family attached and detached residential subdivision will be allowed within the requested R-8 zone. 17. It is found that surrounding properties include residential subdivisions and an existing elementary school. It is found that the requested zoning designation of R-8 is harmonious with the existing and planned adjacent development. 18. It is found that the proposed uses (attached and detached single family residential) will not change the existing or intended character of the area which is predominantly residential. 19. It is not anticipated that the proposed residential uses will be hazardous or disturbing to future or existing neighbors. 20. It is found that the property to be annexed will be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. This development will be required to install a temporary sanitary sewer lift station to provide service to the lots until permanent mains can be installed from the future Black Cat Trunk. The lift station shall remain in the ownership of the developer or homeonwer's association. The developer or homeowner's association may enter into an operation and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MOSHERS FARM (AZ -02-023) maintenance agreement with the City of Meridian. Additionally, the Fire Department submitted comments concerning this subdivision. 21. It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 22. It is found that the proposed subdivision will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. 23. It is found that the subdivision's vehicular approach off of Ten Mile Road will create new interference with the existing traffic on Ten Mile, however, it is not believed that the subdivision entrance will cause significant interference on the surrounding public streets. (Pine Street) ACHD has also submitted comments pertaining to the vehicular approaches and traffic generation, City. 24. It is found that the annexation of this property would be in the best interest of the CONCLUSIONS OF LAW The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-1b provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MOSHERS FARM (AZ -02-023) "Local Land Use PIanning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals 1 through 10, inclusive. 5. The zoning of Medium Density Residential (R-8) is defined in the Zoning Ordinance at § 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section. 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MOSHERS FARM (AZ -02-023) DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: The applicant's request for annexation and zoning of approximately 6.06 acres to Medium Density Residential (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for anriexation and zoning of 6.06 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development, to -wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Annexation & Zoning Comments 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as Iandscape irrigation. Applicant shall be responsible for the actual physical connection as well as payment of applicable fees at the time of service conversion. B. Adopt the following Recommendations of the ACHD as may be modified by ACRD from time to time, provided, however, notice of any proposed changes, and meaningful opportunity to comment shall be given to the City before ACRD takes any official action FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MOSHERS FARM (AZ -02-023) to modify the requirements set forth herein. Site Specific Conditions of Approval Dedicate 48 -feet of right-of-way from the centerline of Ten Mile 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 ACHD Ordinance #195. The Applicant shall comply with Ada County Highway District requirements as submitted or as expressly modified by ACRD. 2. Provide a $9,900.00 deposit to the Public Rights -of -Way Trust Fund at the District for the required street improvements of approximately 495 -feet of 5 -foot wide concrete sidewalk abutting the parcel, prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 3. Construct the main entrance to the subdivision, West Ashley Avenue, on Ten Mile Road approximately 100 -feet south of the north property line, as proposed. This roadway location meets District policy and is approved with this application. 4. Construct West Ashley Avenue with 21 -foot street sections on either side of a center median. The median shall be constructed a minimum of 4 -feet wide (maximum 12 - feet wide) to total a minimum of a 100 -square foot area. The applicant will be required to dedicate 54 -feet of right-of-way plus the additional width of the median. Construct North Brittney Court approximately 180 -feet west of Ten Mile Road (measured from centerline to centerline). This location meets District policy for offset requirements and shall be approved as proposed. Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 6. Construct an ACHD approved turnaround at the end of West Ashley Avenue and North Brittney Court. The turnarounds shall be constructed to provide a minimum turning radius of 45 -feet and provide a minimum of a 29 -foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4 -feet wide to total a minimum of a 100 -square foot area. Submit a design of the turnaround for review and approval by District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONiNG/MOSHERS FARM (AZ -02-023) 7. Other than the access point specifically approved with this application, direct lot or parcel access to Ten Mile Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 8. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 9. 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 procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MOSHERS FARM (AZ -02-023) 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. ight- ofway. The applicant at no cost to ACRD 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 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. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: The District requires that a Land Use Change application be filed. D. Adopt the action of the Council from their December 10, 2002 meeting as follows: 1. The applicant shall be required to tile the Ten Mile Drain at the east end to accept the sidewalk and the tiling shall be efficient enough to allow the sidewalk to be extended, and additionally install railing across the Ten Mile Drain for safety. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian City Code § 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MOSHERS FARM (AZ -02-023) NOTICE OF FINAL ACTION Please tape notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of u�✓U �� „�,���,���.,��.,r 2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED �� COUNCILWOMAN CHERIE Mc CANDLESS VOTED COUNCILMAN WILLIAM L.M. NARY VOTED_C/ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: l 7--_O3 MOTION: APPROVED DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. tti�y,r�illiltp,, r ' /' g — Dated: By City Clerk 1-7-19-5 ZAWork1M\MeridianlMeridian i 5360M\Moshers Farm AZ02-023 PP02-02 i CUP02-031 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MOSHERS FARM (AZ -02-023) BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR MOSHERS FARM SUBDIVISION, LOCATED AT 895 N. TEN MILE ROAD, MERIDIAN, IDAHO BY: CMD, INC., APPLICANT CIC 12/10/02 Case No. PP -02-021 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on December 10, 2002, and Brad Hawkins -Clark Interim Director for the Planning and Zoning Department, Brad Watson of the Pubic Works Department, Rod Ralphs, Doug Campbell, and Irma Atkinson, appeared and testified, and the City Council having received a report from David McKinnon Planner II for Planning and Zoning, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT FOR: MOSHERS FARM SUBDIVISION, A PORTION OF THE S 112 OF THE SE %4 OF THE NE'/40F SECTION 10, T.3.N., R.I.W., B.M., ADA COUNTY, IDAHO AUGUST 2002, JOB NUMBER: 02127.003, CAD FILE: MOSHER FARM PRE, DESIGNED BY: ALH, DRAWN BY: ALH, CHECKED BY: f.R.L., SHEET NUMBER: 1, DELIVERY DATE: 8/12/2002, ISSUED FOR APPROVAL: 08/12/02 ALH, RECEIVED NOV FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT MOSHERS FARM SUBDIVISION/ (PP -02-021) 14 2002 CITY OF MERIDIAN CITY CLERK OFFICE, PRELIMINARY PLAT FOR MOSHERS FARM SUBDIVISION CITY OF MERIDIAN, IDAHO, CLIENT: DOUG CAMPBELL, LEAVITT & ASSOCIATES ENGINERS, INC., CMD INC. -DEVELOPER," CMD, INC., Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned Medium Density Residential District (R-8), and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 D] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning and Zoning Administrator and the Engineering Technician III, and as proposed by the developer FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT MOSHERS FARM SUBDIVISION / (PP -02-021) 2 as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development. S. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT FOR: MOSHERS FARM SUBDIVISION, A PORTION OF THE S 112 OF THE SE %a OF THE NE '/a OF SECTION 10, T.3.N., R.I.W., B.M., ADA COUNTY, IDAHO AUGUST 2002, JOB NUMBER: 02127.003, CAD FILE: MOSHER FARM PRE, DESIGNED BY: ALH, DRAWN BY: ALH, CHECKED BY: J.R.L., SHEET NUMBER: 1, DELIVERY DATE: 811212002, ISSUED FOR APPROVAL: 08/12/02 ALH, RECEIVED NOV 14 2002 CITY OF MERIDIAN CITY CLERK OFFICE, PRELIMINARY PLAT FOR MOSHERS FARM SUBDIVISION CITY OF MERIDIAN, IDAHO, CLIENT: DOUG CAMPBELL, LEAVITT & ASSOCIATES ENGINERS, INC., CMD INC. -DEVELOPER". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT MOSHERS FARM SUBDIVISION / (PP -02-021) IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT FOR: MOSHERS FARM SUBDIVISION, A PORTION OF THE S 112 OF THE SE 1/A OF THE NE 1/a OF SECTION 10, T.3.N., R.I.W., B.M., ADA COUNTY, IDAHO AUGUST 2002, JOB NUMBER: 02127.003, CAD FILE: MOSHER FARM PRE, DESIGNED BY: ALH, DRAWN BY: ALH, CHECKED BY: J.R.L., SHEET NUMBER: 1, DELIVERY DATE: 811212002, ISSUED FOR APPROVAL: 08/12/02 ALH, RECEIVED NOV 14 2002 CITY OF MERIDIAN CITY CLERK OFFICE, PRELIMINARY PLAT FOR MOSHERS FARM SUBDIVISION CITY OF MERIDIAN, IDAHO, CLIENT: DOUG CAMPBELL, LEAVITT & ASSOCIATES ENGINERS, INC., CMD INC. -DEVELOPER", Farwest, LLC, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to -wit: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: Revise the dimensions of Lot 23 to be approximately 54 feet by 100 feet. 2. The micropath lots can be reduced to 10 feet wide. The five-foot micropath shall meander through the lot to accommodate one tree per 35 linear feet. 3. The rive foot asphalt pathway connecting Ashley Avenue to Brittany Court is required per the Landscape Plan submitted with the "application. 4. Chain link fencing will be allowed adjacent to the Ten Mile Drain. 5. Add a note to the Plat referencing the Right to Farm Act. 6. Add language to the CC&R's for the subdivision regarding the adjacent agricultural/livestock uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT MOSHERS FARM SUBDIVISION / (PP -02-021.) 4 7. Parking shall be prohibited in the cul-de-sacs. 8. The applicant shall construct a detached five-foot sidewalk along Ten Mile Road in the landscape buffer as part of the initial subdivision improvements (not road -trusted for). 9. The applicant shall presently tile only the east end of the Ten Mile Sub Drain adjacent to the subject property to accept the sidewalk, with railing for safety along the length of the sidewalk across the drain. The applicant shall be required to tile a section of the drain sufficient to accommodate the detached sidewalk along Ten Mile Road. Applicant submitted a revised plat. 10. The proposed setbacks are approved with the caveat that reduced setbacks are not allowed along the periphery of the subdivision—therefore the side setback along Lot 10 must be 5 feet per story. All other requested setback modifications are approved per the staff report. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS / PRELIMINARY PLAT 1. This development will be required to install a temporary sanitary sewer lift station to provide service to the lots until permanent mains can be installed from the future Black Cat Trunk. The lift station shall remain in the ownership of the developer or homeowner's association. The developer or home owner's association may enter into a operation and maintenance agreement with the City of Meridian. Water service to this site shall be via main line extensions from the existing mains adjacent to the property. 2. The applicant has indicated that a pressurized irrigation system will be provided within this development, but has not indicated the ownership. If it is to be owned and maintained by the Nampa & Meridian Irrigation District, please revise the plat to show how the system is going to be served (ie connection to an existing system, or independent pumping facilities) Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT MOSHERS FARM SUBDIVISION / (PP -02-021) 5 assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. A detailed fencing plan shall be submitted upon application of the final plat. A solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. Fencing adjacent to the pathway shall be in accordance with the adopted Landscape Ordinance. 4. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. Add or revise the following preliminary plat notes: (1.) Cur -refit Proposed zoning classification... (7.) ...park lot. Maintenance of the common/drainage/park lots shall be the responsibility of the Moshers Farm Home Owners Association. (9.) Direct_ lot access to Ten Mile Road ,shall be prohibited unless specifically ermitted by ACHD and the Ci1y of Meridian. (10.) Any re -subdivision of this plat shall be in com fiance with the most recentl pproved subdivision standards of the City of Meridian. 11. Fencing adjacent to the pathwMs within the subdivision shall be no greaterthan four feet in height if solid sight -obscuring material is used for fence construction. 6. Submit the final groundwater/soils report (monitoring results) to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100 -year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. 7. A detailed landscape plan, in compliance with the landscape ordinance shall be submitted for the subdivision with the final plat application, the landscape plan shall include the location and design of the playground equipment. The applicant shall be required to tile the Ten Mile Drain at the east end to accept the sidewalk and the tiling shall be efficient enough to allow the sidewalk to be extended, and additionally install railing across the Ten Mile Drain for safety. This section of Ten Mile Sub Drain isn't classified as a jurisdictional water per the Boise Regulatory Office of the Army Corps of Engineers. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT MOSHERS FARM SUBDIVISION/ (PP -02-021) 6 GENERAL COMMENTS Submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Two -hundred, and one -hundred -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. S. The applicant shall be required to tile the Ten Mile Drain at the east end to accept the sidewalk and the tiling shall be efficient enough to allow the sidewalk to be extended, and additionally install railing across the Ten Mile Drain for safety. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 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 Dedicate 48 -feet of right-of-way from the centerline of Ten Mile Road abutting the parcel by means of a warranty deed. The right -df -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 ACRD 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT MOSHERS FARM SUBDIVISION / (PP -02-021) a letter of application to the impact fee administrator prior to breaking ground, in accordance with ACHD Ordinance #195. The Applicant shall comply with Ada County Highway District requirements as submitted or as expressly modified by ACHD. 2. Provide a $9,900.00 deposit to the Public Rights -of -Way Trust Fund at the District for the required street improvements of approximately 495 - feet of 5 -foot wide concrete sidewalk abutting the parcel, prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 3. Construct the main entrance to the subdivision, West Ashley Avenue, on Ten Mile Road approximately 100 -feet south of the north property Iine, as proposed. This roadway location meets District policy and is approved with this application. 4. Construct West Ashley Avenue with 21 -foot street sections on either side of a center median. The median shall be constructed a minimum of 4 -feet wide (maximum 12 -feet wide) to total a minimum of a 100 -square foot area. The applicant will be required to dedicate 54 -feet of right-of-way plus the additional width of the median. 5. Construct North Brittney Court approximately 180 -feet west of Ten Mile Road (measured from centerline to centerline). This location meets District policy for offset requirements and shall be approved as proposed. Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 6. Construct an ACHD approved turnaround at the end of West Ashley Avenue and North Brittney Court. The turnarounds shall be constructed to provide a minimum turning radius of 45 -feet and provide a minimum of a 29 -foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4 -feet wide to total a minimum of a 100 -square foot area. Submit a design of the turnaround for review and approval by District staff. 7. Other than the access point specifically approved with this application, direct lot or parcel access to Ten Mile Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT MOSHERS FARM SUBDIVISION / (PP -02-021) 8. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 9. 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. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right -of --way. The applicant at no cost to ACHD shall repair existing FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT MOSHERS FARM SUBDIVISION / (PP -02-021) 9 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 ACRD 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. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix IIIA. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3, Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All roads shall have a turning radius of 28' inside and 48' outside. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. UFC 9012.2.1 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 9013 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT MOSHERS FARM SUBDIVISION / (PP -02-021) 10 7. It is recommended that no parking be allowed in front of Block 1, Lots 9, 10, 11, 12, 13, 14, 22, 24, and 25. E. Adopt the Recommendation of the Nampa & Meridian Irrigation District. 1. Applicant shall apply for a land use change/site application. F. Adopt the Recommendation of Central District Health Department as follows: The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 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 stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. G. Additionally, comply with the action of the Council from their meeting held on Tuesday, December 10, 2002, as follows: That the Applicant, due to the existing house located in the southeast corner on Lot 27 Block 1 of the property, shall be allowed a 12 foot rear setback.. 2. The Applicant shall be allowed a minimum house size to beJ,150 sq. ft. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT MOSHERS FARM SUBDIVISION / (PP -02-021) I l By action of the City Council at its regular meeting held on the `^ day of G , 2003. ROLL CALL COUNCILMAN BIRD VOTED f COUNCILWOMAN deWEERD VOTED COUNCILWOMAN McCANDLESS VOTED— COUNCILMAN NARY VOTED MAYOR ROBERT D. CORRIE VOTED (TIE BREAKER) Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. OF ,, F�yk;ti994Q9lfllll/! � �X'1' Dated:By---- 1ty Clerk SEAL ZAWorklMlMeridianlMeridian 1536 M1Moshers Farm AZ02.023 PP02-021 CUP02-03ITfC1S0rdPP.d0a p Zell FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT MOSHERS FARM SUBDIVISION / (PP -02-021) 12 January 3, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Update on Prosecuting Attorney Service: Pre -Council Meeting January 7, 2003 ITEM NO. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS 611 Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. Will Berg From: William Nary [Wnary@cityofboise.org] Sent: Tuesday, January 07, 2003 90:07 AM To: William Nary; corrieb@meridiancity.org; birdronaldkeith@msn.com; cgmccandless@msn.com; ronaldkeithbird@msn.com; TdeWeerd@msn.com Cc: Alison Stieglitz Tate; Susan Mimura; bergw@meridiancity.org; worleym@meridiancity.org Subject: Meridian Prosecution Update I spoke with Susie Mimura this morning. We had the Prosecution update ^„ scheduled for this evening. She asked if we could set this over until ° next week. She is trying to get some additional numbers together to -3 advise us of the uncollected fine revenues that are outstanding. We have looked at this issue previously in authorizing the Chief to JA - 2003 contract with Garden City to collect these unrecouped fines. She also will need 15-20 minutes for the presentation. If that works okay for City Meridia An everyone. City Clerk Office J`I &vv"� BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION FOR THE COMMENCEMENT OF CONSTRUCTION, FILING THE FINAL PLAT, AND CONDITIONAL USE PERMIT FOR SCHWENKFELDER TIRE SUBDIVISION (fka COMMERCIAL TIRE SUBDIVISION), LOCATED ON THE SOUTHWEST CORNER OF S. MERIDIAN ROAD AND EIGHT MILE LATERAL, MERIDIAN, IDAHO BY: PINNACLE ENGINEERS, INC. CIC 01/07/03 CASE NO. TE -02-007 ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR THE COMMENCEMENT OF CONSTRUCTION, FILING THE FINAL PLAT, AND CONDITIONAL USE PERMIT This matter corning on regularly before the City Council on the 71h day of January, 2003, upon the Applicant's time application for a one (1) year extension within which to commence construction and to submit the Final Plat and conditional use permit, which was originally approved on December 18, 2001— Final Plat, and December 4, 2001 — Conditional Use Permit, as provided in § 12-3-8 B and § I 1-17-4, and good cause appearing. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The above named Applicant is granted a one (1) year extended period of time until December 4, 2003 — for the Conditional Use Permit and December 18, 2003 — for the Final Plat, for the above entitled subdivision application, within which to: 1. Start construction on the subdivision improvements; 2. Record the Final Plat for Schwenkfelder Tire Subdivision (fka Commercial Tire Subdivision), which is a single parcel, C -G zoned; and Order Granting A One (1) Year Time Extension For Filing Commencement of construction, Final Plat, and Conditional Use Permit (TE -02-007) 3. For completion of the Conditional Use Permit. 4. The developer shall obtain an agreement with Ada County Highway District for the Pennwood Street improvements and right-of-way prior to commencing construction and finalizing of the Plat. By action of the City Council at its regular meeting on the day of cvw-OAA , 2003. DATED this f day of �' y,( , 2003. ayor Robert D. Carrie Copy served upon Applicant, Planning and Zoning Department, Public Works and the City Attorney. �RA r 1 1,�.t V. n Y City Clerk Ded> -1063 ZAWork\Iv \McridianWcridian 1536OWCommercial Tire Sub TE-02-0071FPTime Extension02-007.doc Order Granting A One (1) Year Time Extension For Filing Commencement of construction, Final Plat, and Conditional Use Permit (TE -02-007) 2 January 3, 2003 MERIDIAN CITY COUNCIL MEETING .January %, 2003 APPLICANT ITEM NO. _J REQUEST Water Main Easement, Silverstone Subdivision Cedar Point Building -- Sundance Investments: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Memo / Easement Contacted: Date: Phone: Materials presented at public meetings shalt become property of the City of Meridian. City ofMeridian ; Pubillc Works Dept. r To: Sharon Smith Prom:Gary D. Smith, PE CC: file Date: December 24, 2002 Re: Easements -- Council Approval XUX-EIVET-t yEC 2 6 2002 City Of Merl City Clerk 011ie, Hi Sharon: I would appreciate it if you could put the following listed easements on the next available City Council Consent Agenda: 1. Cooper Canyon/Paddington Subdivision: This is a multi -family development located east of Locust Grove Road and takes access to the south off of Wilson Lane. It is south and west of D&B Supply. This easement contains a public sewer and water line to serve the multi -family buildings on this site. 2. Cedar Point Building: This easement contains a City water main providing fire protection to this commercial building, which is located on Lots 415, Block 2 in the Silverstone Subdivision, located at the southeast comer of Overland and Eagle Rd. 3. Meridian School District: The following two easements concern the School District. a. Meridian High School: This easement contains a water line providing service to the High School from Linder Road and from Pine Street. b. Locust Grove Elementary School: This easement will contain a waterline providing water service and fire protection for the soon to be constructed Locust Grove Elementary School, located north and east of the present Charter School Thanks, /�'� 0 Page 1 From the desk of... Gary D. Sn ift PE Public Warks Director Meridian Public Works Department 660 E Watertower Lane, Suite 200 Meridian, Idaho 83642 (208) 898-55W Fax: (208) 887-1297 To: Gary Smith, P.E. From: John Boyd 94e - CC: File ®ate: 12/9/2002 Re: Cedar Point Building -- Water Easement Attached is a water main easement for the Cedar Point Building. have reviewed them for accuracy and find them presentable for City Council action. If you need any more information on this matter please do not hesitate to contact me. From the desk of... Jolin Boyd Engineering Tech . It Meridian Public Works Department 200 E. Carlton St, Suite too Meridian, Idaho 83642-2600 (208) 887-2211 0 Page 1 Fru: (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 prcmises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation, maintenance, repair, replacement of a water 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 water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement nt the convenience of the Grintee, with the free right of wr:-.,sF to such taeilities at any and ad times. TO HAVE AND TO HOLD, the said easement and right -of wdy 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. Cedar Point Water Main Easement Page E Cedar 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 He 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 LIMITED PARTNERSHIP Chris Anderson Vice -President of Sundance Company and Authorized Agent of Sundance Investments Limited Partnership STATE OF IDAHO ) ss County of Ada ) On this day of 1--\ 20 Q_before me, the undersigned, a Notary Public in and for said State, personally appeared Chris Anderson, known or identified to rave 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. •`G�, :. m.+++acT0'°•., NOTARY P IC FOR IDAHO a m �01AR 1. � m Residing at �) � ® �G Commission Expires: 11_- •� TE 0 F �9.•° Cedar Point Water Main Easement Page 2 Cedar Point Water Ease.doe GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Cedar Point Water Main Easement Page 3 Cedar Point Water Ease.doc 2501 Bogus Basin yid. • Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 EXHIBIT "A" DESCRIPTION OF WATER LINE EASEMENT FOR CEDAR POINT BUILDING IN SILVERSTONE SUBDIVISION A waterline easement situated in Lots 4 and 5 of Block 2 of Silverstone Subdivision as on file in the Office of the Ada County Recorder, Boise, Idaho, in the NW 114 of the NW 114 of Section 21, T.3N., R.1E., B.M., Meridian, Ada County, Idaho and being more particularly described as follows: COMMENCING at the Northwest corner of said Lot 5; thence along the West line of said Lot 5 South 00000'00" West 142.58 feet to the POINT OF BEGINNING; thence leaving said West line South 89°45'10" East 71.16 feet to a point; thence at right angles South 00°14'50" West 110.26 feet to a point; thence at right angles South 8945'10" East 410.01 feet to a point; thence at right angles North 00014'50" East 277.33 feet to a point; thence at right angles South 89°45'10" East 20.00 feet to a point, thence at right angles South 0014'50" West 22.00 feet to a point; thence at right angles South 89045'10" East 18.67 feet to a point; thence at right angles South 00°14'50" West 10.00 feet to a point; thence at right angles North 89°45'10" West 18.67 feet to a point; thence at right angles South 00014'50" West 265.33 feet to a point; thence at right angles North 89045'10" West 450.01 feet to a point; thence at right angles North 00°14'50" East 110.26 feet to a point; thence at right angles North 89°45'10" West 51.08 feet to a point on said West !ire of Lot 5; thence along said West line North 00°00'00" East 20.00 feet to the POINT OF BEGINNING 250&-Water-ewe.doc - dnm W sr 4 O_ IPS O - 11N0 VnUt v O tl+ 1 O `Q `f cu m Lf `> co O N a, (n J �6 O i IAV/ u' —J L--Z----------------EE`59Z—_ _ ------ M ,.os,4l.ao s -----I L----- — — — — — — — — — — — — ,E£ LLZ ,no 3 „05,41.00 N � [ 0 � I I Ln I I LV X V O J 03 V- V F— O J ,ZI --i-------.___-_ I I I I I I I I � I I I I I I f I I I [V I I I i V I I O 01= ol= cc 016CD Co 6 LSA � [ I O I I J I I I ! 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REQUEST Discussion of Request by St. Luke's Regional Medical Center to add two helipad sites at the Meridian facility: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Materials presented at public meetings shalt become property of the City of Meridian. Sharon Smith From: Brad Hawkins -Clark [hawkinsb c(,�`Oci.meridian.id.us] Sent: Tuesday, December 31, 200211:41 AM To: 'Bob Corrie' Cc: bergw@ci.meddian.1d.us; 'Sharon Smith' Subject: Pre -Council Agenda Request Mayor, �L agc 1 v1 i `1z 3 1 City OfMeridi City clerjj ®ice I'd like to request a discussion item for next Tuesday's Pre -Council meeting. St. Luke's Regional Medical Center is proposing to add two helipad sites adjacent to 1-84 at the southeast corner of their property. It's unclear in the ordinance and their existing CUP as to whether this requires a full-blown CUP modification or could be handled at staff level. Helipads were not listed as a permitted use in St. Luke's annexation ordinance or shown on their approved Site Plan. I'd like to get the Council's input on this matter. Thank you, Brad Hawkins -Clark 12/31/2002 rage i or i From: Brad Hawkins -Clark Sent: Tuesday, December 31, 2002 11:41 AM To: 'Bob Corrie' Cc: bergw@ei.meridianJd.us; 'Sharon Smith' Subject: Pre -Council Agenda Request Mayor, I'd like to request a discussion item for next Tuesday's Pre -Council meeting. St. Luke's Regional Medical Center is proposing to add two helipad sites adjacent to 1-84 at the southeast comer of their property. It's unclear in the ordinance and their existing CUP as to whether this requires a full-blown CUP modification or could be handled at staff' level. Helipads were not listed as a permitted use in St. Luke's annexation ordinance or shown on their approved Site Plan. I'd like to get the Council's input on this matter. Thank you, Brad Hawkins -Clark 12/31/2002 From: Bill Nichols [wfn@whitepeterson.COM] Sent: Thursday, January 02, 2003 10:56 AM To: 'Will Berg'; Bill Nichols Subject: RF: Pre -Council Agenda Request Thanks Will. Looks to me like there may well need to be a CUP modification. If I were Touchmark, I might be concerned about the noise from helicopters if they are too close to the Touchmark western most lots. ------Original Message ----- From: Will Berg [mailto:bergw@meridiancity.org) Sent: Thursday, January 02, 2003 1.0:16 To: Bill Nichols (E-mail) Subject: FW: Pre -Council Agenda Request Do you have any comment on this item / issue as to the process only? -------Original Message ----- From: Brad Hawkins-Clark[mailto:hawkinsb@ci.meridian.id.us] Sent: Tuesday, December 31, 2002 11:41 AM To: 'Bob Corrie' Cc: bergw@ci.meridian.id.us; 'Sharon Smith' Subject: Pre -Council Agenda Request Mayor, I'd like to request a discussion item for nest Tuesday's Pre -Council meeting. St. Luke's Regional Medical Center is proposing to add two helipad sites adjacent to 1-84 at the southeast corner of their property. It's unclear in the ordinance and their existing CUP as to whether this requires a full-blown CUP modification or could be handled at staff level. Helipads were not listed as a permitted use in St. Luke's annexation ordinance or shown on their approved Site Plan. I'd like to get the Council's input on this matter. Thank you, Brad Hawkins -Clark January 3, 2003 MERIDIAN CITY COUNCIL MEETING January 7, 2003 APPLICANT ITEM NO. REQUEST Sewer Easement, Lanark Lane -- Ronald W. Van Auker: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Memo / Easement M)rrro V'0 - Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Mer 16— PublltC Vllorks Dept. To. Sharon Smith From. -Gary D. Smith, PE CQ file ®ate, December 26, 2002 Re: Water & Sewer Easements —Van Auker — Council Approval C 2 6 2002 Cit, ofineridia� City Clerk Cf Hi Sharon: Attached are two water line and one sewer line easement for Van Auker 72,000 S.F. building proposed to be located east of the R.C. Willey store. The north water line, along the Evans Drain, provides fire protection and the water and sewer easement in what will be a private road extension of Lanark Street will provide service to this proposed building with stubs out to the south for future development. I would appreciate it if you could also place these three easements on the Consent Agenda for the next available Council meeting, perhaps with the other three (3) easements that I recently sent to you. Thanks, /�A.,— From the desk of.. Gary D. Smith, PE Public Worke Director Meridian Public Works Department 660 E. Watertower Lane,snite Zoo Meridian, Idaho 83642 Page 1 (208) 89s-SSOD Fax. (208) 887-1297 SANITARY SEWER EASEMENT THIS INDENTURE, made this,�Zay of October, 2001 between Ronald W. Van Auker, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service 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 and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EMIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever unless relinquished as provided herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sewer Main Easement Page I 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. ss County of Ada On this day of �C�I�D�� , 20011 be£or me, the undersigned, a Notary Public in and for said State, personally appeared A). 11101? and -- , 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 above written. D . ogyLo Ca$oWooae.q����y�GC J P ;1 a A a 59�00a� Sewer Main Easeuaeut Y PUBLIC ceding at Commission Expires: %:;;9/ „ Page 2 GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William, G. Berg, City Clerk Approved By City Council On: Sewer Main Easement Page 3 EXHIBIT "A" A sewer easement located in the SWI/4 of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and described as follows. Commencing at a brass cap monument marking the SE corner of said SWI/4 from which a brass cap monument marking the SW corner of said Section bears N89°59'58"W a distance of 2706.17 feet, thence N00°08' 17"E a distance of 40.01 feet to a 5/8 inch rebar, thence parallel with the South line of said Section and along the North right-of-way line of Franklin Road N89°59'58"W a distance of 1603.19 feet to a 5/8 inch rebar, thence leaving said right-of-way and along the easterly right -of --way of Gaudians Avenue N06°07'24"W a distance of 623.91 feet to the POINT OF BEGINNING; Thence continuing along said right-of-way N06°07'24"W a distance of 20.00 feet to a point; Thence leaving said right-of-way N83°51'29"E a distance of 170.47 feet to a point; Thence S89°08' 14"E a distance of 945.28 feet to a point; Thence S00°51'09"W a distance of 20.00 feet to a point; Thence N89°08'l 4"W a distance of 338.02 feet to a point; Thence S00°00'02"W a distance of 44.65 feet to a point; Thence N89°08' 14"W a distance of 20.00 feet to a point; Thence N00°00'02"E a distance of 44.65 feet to a point; Thence N89'08'14"W a distance of 586.04 feet to a point; Thence S83°51'29"W a distance of 169.25 feet to the POINT OF BEGINNING. Said easement contains 23184 square feet more or less and is subject to all existing easements and rights -of -ways of record or implied. C006047 swmasement_03270Ipmg 40� 0 F �� L v`� Q L EXHIBIT „B" LS 3624 _ EVANS DRAIN jgjlE I I 1 � 1 WATER 6ASEUENT LANARK LANE (PRIVATE) 1 N aj N83.5129`f• 17Q•47 $89'08'1 WE 945.28• e};' T2 559.2 ��` ."]"1469'08t4W i86.g4`f /i..:.•' '/G�:;.�,. f .i—, 8 1 J1489`08 41W."33ilr2'— SEWER EASEMENT AREA 23173 1t' N00'00'02"E SO0.00'02"W N I 44.65` 44.65' )489.08.14"w GENERAL LEGEND MOO. 7� c BOUNDARY UNE I ROADWAY CENTER LINE E OV — — —""" — — — NEW SEWER EASEMENT NEW WATER EASEMENT 1 ROADWAY RILTII'—OF—WAYtj 1 m W ® FOUND BRASS CAP W POUND 5/8" REOAR I (2709 25') RECORD DATA IjII I 1 I LS 3624 1489'59'58"w 2603.19' B 9 17 16 1400.08'17"E 16 CPBF/ 99007475 _ �, FRANKL N ROAD-/ 40.01' BASIS OF SEARING CP&Fj 8309298 N89'59'58'W 2706.17' (2706.25') SEWER MAIN EASEMENT SCALE: 1 "=200' DETAIL FL C0060417E SWR: EASE.bWG PINNA CLE DRAWN BY: C1JT CREATION DATE: Engineers, Inc. CHECKED BY. 12552 W. EKewtive Or., Suile 13, Base, Idaho 83713 MARCH 2001 (208) 887-7760