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Home My WebLink About2003-06-10 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, June 10, 2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: L Tammy de Weerd ~ Bill Nary r Cherie McCandless -L Keith Bird -t..- Mayor Robert Corrie 2. Adoption of the Agenda: a:;ppov-e 3. Discussion of SAGE: d-f'..a:a,r..f"ec6 (15 minutes*) 4. Discussion of Stellar Technologies, LLC, Agreement - Installation of anaerobic wastewater treatment apparatus: (10 minutes*) d/S-c.aSs:.vX.- 5. Executive Session per Idaho Code 9 67-2345(1)(b): di /l.;Cl decl5"/~ Nt:lS 11"-'ad-<-- * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Meridian City Council Pre-Council Agenda - June 10,2003 Page I of I An materials presented at public meetings shall become property ofthc 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. MAYOR Robert D. Corrie ;" ;~ "~r.~i~;, olfe;;dl:r~'~'l~ '\ IDAHO l /F QUItE \ 1903 LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500. Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, June 10, 2003 at 6=00 P.M. The Meridian City Council will be discussing the following agenda items: - Discussion of SAGE - Discussion of Stellar Technologies, LLC, Agreement - Installation of anaerobic wastewater treatment apparatus - Executive Session per Idaho Code ~67-2345(1)(b) The Executive Session is closed to the public, however, the public is welcome to attend the remainder of the meeting. DATED this 6th day of June, 2003. 33 EAST IDAHO AVENUE. MERlDIAN, IDAHO 83642. (208) 888-4433 City Clerk Ofl1ce Fax (208) 888-42J8 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813 MAYOR Robert D. Corrie cl ;:~~, ~p /CITYOF I't~li,o '-/VI erldz<<n IDAHO " " ,-, \1 V )/ P --6Y ,.7 q'H" 11903 LEGAL DEPARTMENT (208) 466.9272 . FAX 466-4405 PARKS & RECREATION (108) 888-3579 . Fax 898-550 I PUBLIC WORKS (208) 898.5500. Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211' Fax 887.1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy de WeeI'd William L. M_ Nary Cherie McCandless Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, June 10,2003 at 6=00 P.M. The Meridian City Council will be discussing the following agenda items: - Discussion of SAGE - Discussion of Stellar Technologies, LLC, Agreement - Installation of anaerobic wastewater treatment apparatus - Executive Session per Idaho Code 967-2345(1)(b} The Executive Session is closed to the public, however, the public is welcome to attend the remainder of the meeting. DATED this 6th day of June, 2003. - ~ 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642. (208) 888-4433 City Clerk Ofl1ce Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813 June 6, 2003 Pre-Council Meeting MERIDIAN CITY COUNCIL MEETING APPLICANT June 10,2003 ITEM NO. 3 REQU EST Discussion of SAGE: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ..-c~So... , ~Y'Cv.-.--\-tj Date: t, - 3-0 ':) Phone: ~~ 5'5"-7S'" Materials presented at public meetings shall becom~pr:;;-U~oithe City of Meridian. 15"6 rP~{fr~ tv f rJfJ- $ ~~UO\~, \)\J'\V'Lt~ 01 ~U W\ \A oJ,-\tmd Y 'krNo<~-\-r. City of Meridian Attn Mayor Coffey Members of the Board June 6~ 2003 RECEIVED JUN 1 0 2003 CITY OF MERIDIAN This is an update of the Capitol Improvements we are attempting this Year. . New Roof for the Meridian Senior Center. The present bid is in excess of $1400.00. . Expansion and update the ladies restroom to fulfill the expectations of the American Disabilities Act. . Build a new garage sufficient enough to ensure the safety of our transportation vehicles. (1 Van and 1 Bus) These items, as of now are in the hands of our architect. See the letter attached by Mike Morrison. . Re-wire the centers Board Room to accommodate our computers for seniors to go on line and have scheduled computer classes for seniors of our community. This process will begin this week. . Repair the sprinkler system at the center. This work is completed and our funds allotted to pay for it. We have raised dedicated funds of approximately $1500.00 by utilizing our annual yard sale and a clothing sale. So far, two major fundraisers are in the works for the center, our annual Christmas in July Bazaar, and our Christmas Bazaar sale in November of this year. Many other events are now being planned for the fall season. Weare actively applying for grants from different agencies to assist us in the Capitol Improvement Program for our center. This will not only benefit the center, as a whole but will also ensure the enjoyment of many senior citizens of our community and the outlining areas as well. As of this time we have raised enough revenue to operate in the black. Hopefully, we have enough cash in reserve [raised in the winter of 2002] to carry over into the fall when things get back to normal. Yours Sincerel , ~ C.W.Cullen President of the Meridian Senior Center fvf5 Engineerin2, P.A. Mechanical and Industrial MTS Engineering P.O. BO;l; 241 582 East Boise Avenue Boise, Idaho 83706 (208) 343-4461 RECEIVED J UN 1 0 2003 CITY OF MERIDlAl~ CW Cullen Meridian Senior Citizen's Center 133 W. Broadway Ave. Meridian, Idaho 83642 re: Facility Improvements June 5th, 2003 Mr. Cullen: I would be happy to provide up to 100 hours of my time in support of improving the Meridian Senior Citizen's Center. To this end, I'm deriving estimates for the following three projects: 1. A new garage. 2. Improving the women's restroom so that it has more stalls and so that it is more handicapped accessible. 3. Repairing and replacing the roof on the existing facility. I plan to treat these as three separate projects. Sincerely, ~~;>, M1C~. ~ ... fi5 CW Cullen Meridian Senior Citizen's Center 133 W. Broadway Ave. Meridian, Idaho 83642 re: Garage Project (MTS Project #3158) Mr. Cullen: E!!gineering, P .A. Mechanical and Industrial MTS Engineering P.O. Box 241 582 Fast Boise A venue Boise, Idaho 83706 (208) 343-4461 :RECEIVED JUN 1 0 2003 CITY OF MERIDIAN June 8th, 2003 I have assigned the garage project MTS Project #3158. Sincerely I tiS CW Cullen Meridian Senior Citizen's Center 133 W. Broadway Ave. Meridian, Idaho 83642 re: Roof (MTS Project #3160) Mr. Cullen: Engineering, P .A. Mechanical and Industrial MTS Engineering P.O. Box 241 582 East Boise Avenue Boise, Idaho 83706 (208) 343-4461 June 8th, 2003 I have assigned the roof project MTS Project #3160. R:ECEIVED JUN 1 0 2003 CITY OF MERIDIA.-'l M5 CW Cullen Meridian Senior Citizen's Center 133 W. Broadway Ave. Meridian, Idaho 83642 En2ineerinll, P .A. Mechanical and Industrial MIS Engineering P.O. Box 241 582 East Boise Avenue Boise, Idaho &3706 (208) 3434461 re: Womens' Restroom (MTS Project #3159) Mr. Cullen: RECEIVED JUN f 0 2003 CITY OF MERIDIAi'l June 8th, 2003 I have assigned the women's restroom project MTS Project #3159. Sincerely, MAYOR Robert D. Corrie . ,~.~ ..:i., Jr, .:'r~:t~clh '~.).~, olfe;;dl~~~'^'~ CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird IDAHO ." {, ...., \' \I II J./ / rY..SINCE ll~M LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500 . Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887- [297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 June 3,2003 Meridian Senior Center 133 West Broadway Avenue Meridian, Idaho 83642 Re: June 10, 2003 Pre-Council Agenda SAG E Discussion Dear Theresa, Enclosed you will find a copy of the above referenced draft agenda. A representative for the Senior Center is invited to attend the June 10th Pre-Council meeting to join in the discussion of SAGE Community Resources. Please confirm attendance at your earliest convenience. Please feel free to contact our office jf you have any questions. Sincerely, dhMrYL Sharon Smith Deputy City Clerk Enc. 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642 . (208) 888-4433 City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, June 10, 2003 at 6:00 p.m. City Council Chambers @1R1~l?r 1. Roll-call Attendance: _ Tammy de Weerd Bill Nary Cherie McCandless Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Discussion of SAGE: (5 minutes*) * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. * S~r ~1vv ~(e~1:cch~ iJvlVitL~:to SDL-vvdi$Cu.~~~ * urn oW Ltd to 1:/uJu S fL I tfJ1JrokhtL-tN- { u -3-03 Meridian City Council Pre.council Agenda - June 10, 2003 Page I of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accollBnodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. May 23, 2003 Pre-Council Meeting MERIDIAN CITY COUNCIL MEETING APPLICANT May 27, 2003 ITEM NO. 6 REQU EST Discussion of SAGE - Follow Up 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: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: ...- J--~.~ ~ J 'yV rJh' ?{l rt (If ~~ OTHER: See attached letter from SAGE Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ~ ~ ;.. - - ~ l:.I':; ~ C> '- ::::: - ... == - ~ ~ sage 10624 W. Executive Dr. BOIse, ID 83713 T 208.322.7033 800.859.0321 F 208,3223569 TTY/TDD 1. 800.3 77.1529 EEO/AA Employer 'K!wwsageidaho. com 100 'd .........-l.:.......'-'G..'-'t.J'-'" ge:9t [0. te ^~w FAX MEMORANDUM Date: RECEIVED MAY 2 1 2003 C~ty Of Meridian Clty Clerk Office May 21, 2003 To: Tammy deWeerd, Council President ~epd~~ City Council ~~ Leslie Toombs, Economic Development Planner Sage Community Resources FROM: SUBJECT: Information for May 27 City Council Package Sage's role as grant administrators for federal funding , Tammy: Please see attached information for the May 27 City Council package. r have included an overview of the City's responsibilities if the City chooses to proceed with an application for ICDBG Senior Center funding. As grant administrators, Sage provides assistance through the grant application, contracting, project construction and closeout of a grant to ensure all federal obligations are met. Also included is a sample of infonnation needed to prepare a senior center application as prepared for Garden Valley Seniors. Sage staff can assist the Meridian Seniors in pulling together similar project information specific to the community's needs in order to submit a successful application. Per your request, r have also provided a copy of proj ect costs and funding sources used for a successful downtown revitalization project. This project was completed by the City of Weiser with the grant application and administration completed by Sage staff. If you have any questions, please feel free to call me at 322-7033 ext. 227. 69grZZrROZ I: 1q.l. <:':l<:}f(J(\\,':!)./ '1~11A1r)l"\ 'Jf\\!C' (\T '{\T /nIJH\ {'>f'1 T7 'JUl.1 .-.........;.I.:;...-.-(;...Ull:..l\..... 3e:3I [0, Ie ^~w Leslie Toombs Economic Development Planner Sage Community Resources Itoombs@sageidaho.com 322-7033 City of Meridian May 27, 2003 Senior Center Project Outline Fundinq Source: Idaho Community Development Block Grants (ICDBG) Senior or Community Center Projects )> Funds are allocated to Idaho from Housing and Urban Development (HUD) and are administered through the Idaho Department of Commerce. }- $552,000 available for Senior and Community Center Projects in Idaho for FY 2003. )> Applications are due the first Friday in March each year to the Idaho Department of Commerce. Applications will be ranked and reviewed by the Governor's Economic Advisory Council in mid April and awards announced by end of April. Funds should be available by July 1. )> Cities and Counties are the eligible applicants however a City/County can apply on behalf of a Senior Center or other non-profit organization, )> Maximum available amount for a senior center rehabilitation project Is $100,000. )> Match can be cash/ other grant or foundation funds, labor, donated materials or equipment, loans, land sales, waiver of local fees, etc. :r All cash committed to the project is valued at $1.50 for every $1.00. >- All grants are required to be administered by an "Idaho Department of Commerce approved ICDBG Block Grant Administrator", The grant will pay the City/ up to 10% of the grant amount requested/ to procure grant administration services. The grant administrators role it to assist the City meet the grant requirements and work with the Senior Citizens to complete the project. Prior to submittinq the qrant application the City will need to do the followin(l: o City agrees to sponsor application on behalf of the Meridian Senior Center. o Adopt Fair HOUSing Resolution. Publish in local newspaper (once) o Adopt the Residential Anti-displacement and Relocation Assistance Plan. Publish in local newspaper (once) o Adopt Citizen Participation Plan o Conduct a Public Hearing at least five days prior to application deadline. o Publish a Notice of Public Hearing in the loca] newspaper at least 7 days prior to the date of the Public Hearing. Purpose of the public hearing is to allow the citizens to hear a summary of the project and allow anyone to make a comment on the project. o Affidavits of Publications of the 3 publications need to be included in the application along with minutes of the public hearing. ZOO 'd 69g~ln80l1 :1~.I, <:';J<:)/Ml<:';J)/ '!~1I/Jf1"1 QI')\;1(: Q T : C T (mil! I ('fl T 7 _ 'I \!IA! ~G:~~ ~~. ~G A~W o Procure Grant Administration Services. - Sage will supply RFP and Mailing list, County will need to mail RFP's to three names on list and make a selection from respondents. o Develop project scope, budget and plans - Senior Center leadership with Grant Administrator and Architectural/Engineering assistance. o Sign subrecipient agreement with senior center. o Sign grant application - prepared by Grant Administrator. o Elected official(s) participate in 10 minute presentation before the Economic Advisory Council If invited. Once (Irant is awarded the City will need to comDlete the following: o Adopt an Excessive Force Policy. o Adopt an Anti-Lobbying Certification. o Adopt and publish a Non-Discrimination Policy and Grievance Procedure to use if someone has a complaint. o Appoint an Environmental Review Officer to complete an Environmental Review Record - Grant Administrator. o Publish a FONS! - Finding of no Significant Impact once in local newspaper (only if FONSI determination is made) o Set up a non-interest bearing account to deposit grant dollars into and write checks from, o Sign Requests for Funds that will be prepared by the grant administrator once invoices have been approved. o Deposit funds and pay invoices for the project. When sub.recipient agreement is entered into, checks are only issued to two parties (Grant Administrator fee and Seniors) o Conduct 2nd public hearing during the construction period. Publish Public Hearing Notice once in local newspaper. o Complete an Handicapped Accessibility Plan. - Assisted by Grant Administrator o Complete an Analysis of Impediments to Fair Housing. - Assisted by Grant Administrator. o Provide copy of audit to Department of Commerce. o Sign Closeout paperwork that will be prepared by the Grant Administrator. ~oo 'd 69S~lU80lI :13.1. s~s}/nos~}/ 'wwo:) q:lV~ Qt :~r (n'~Ml {,flT7- 'X\lr~1 ~C;~~ ~~, ~c AOW Sample of information needed to prepare a senior center application. Garden Valley Senior Center Items Needed · Cost Estimates~ Drawings, Floor Plans, Site Plans . Copy of Lease for new building. · List ofk.itchen equipment to be moved to the new facility, and estimate of value. . Letters of Support fTom businesses. seniors, anyone. . Inventory of features of existing building which are undesirable. (Health concerns). Safety, Weatherization, Parking, Fire hazard, handicapped accessibility, . What is the project area population? . Population of seniors in project area? . List of donations and volunteer labor. . What does Crouch intend to do with hall. (Ifpossib1e?) . Do you charge a registration fee for seniors to join? · What is the square footage ofthe existing center and the new facility? . Provide list of the services conducted at center along with the frequency. Who rents space? Health Clinics Recreation Meals Educational Transportation Other . Project Description. What will be done to the new facility. Contractor can probably provide. . What are the benefits of the project, i.e. additional space. . Will the new facility include an area to part bus. van. . Do you currently pay rent? . Fill out physical conditions chart for existing facility. . Have you had health code inspections? . Who is the contractor you have been working with? . Send preliminary acquisition letter to owner. . List of everyone you have been working with, (Name and phone #) . VVhat was the number of seniors served in 19981 (Wlduplicated) . How many meals were served in 1998? . What is your average daily participation? . Do you have meals on wheels? . 'What is your minority participation? . What was the most meals you served in one day? . Do you have outreach services to attract minority members? . Cost comparison of rehab vs. new construction POO 'd 69~~lZ~80lt :131 S~S}lnOS~}l 'WW()~ ~~v~ IT :~1 ((1q~\l rn .17- ''\VW ~C;~~ ~~, ~c AOW Leslie Toombs Economic Development Planner Sage Community Resources Itoombs@saaeidaho.com 322-7033 CITY OF WEISER DOWNTOWN REVITALIZATION APPLICATION PROJECT COSTS & FUNDING Total Project Cost The project cost can be broken down into three different components. Cost estimates have been developed as summarized below and more delailed cost information is presented following this page, Phase 1 Railroad Depot Site & Access Improvements State street from Commercial to West Park Tri-Wye from West Part to East Park Sub.total $ 310,000 $1,(l02,OOO $ 268.000 $1,580,000 State Street from W. Park to Highway 95 Sub-total $ 342,000 TOTAL PHASE 1 $ 342.000 $1,922,000 Sources of Funds ThiS downtown revitalization application for $500,000 will only address the elements included in Phase I. for a total construction cost of $1,580,000. The following are the funding sources: Total Sources of Funds $ 500.000 $ 300,000 $ 144.095 $ 455,000 $ 12,000 $ 60.905 $ 450,000 $1,922.000 Idaho Community Development Block Grant City of Weiser Street Improvement Cash Local Improvement District [1 years) STP Enhancement Grant (Depot rehab) Washington County Economic Development Grant City of Weiser In-kind Services (City public works crews) Idaho Transportation Department Turnback SOO 'd 69HZlrSOZ t :13~ S3StlnOSgtr'WWOJ ~nvs LI:~T (l1qMl~o.T7-',tVW ~C:~~ ~~. ~G ^~W Description of Pure Local Match This proposed Weiser Downtown Revitalization Project will provide the following physical improvements along the public right-of-way on State Street from the Union Pacific Depot on the South side to Park Street on the North, and one block east and west of Stale Street new curb and gutter, removal and replacement of existing sidewalks while installing underground power source in the sidewalK. reconstruct streets, add a storm drainage system, add brick pavers and conversation corners and historical lighting. Cash The source and amount of pure local matching funds committed to these activities is as follows: City of Weiser Street Improvement Cash Local Improvement District STP Enhancement Grant Washington County Economic Development Grant City of Weiser In-Kind Services, ElectricalANaterlSewer Idaho Transportation Department Turnback (ITO Tumback Improvemen(s . With the c;onstf1Jclion underway with US 95 Weiser Allemate Route by !h9 State, ITO wilf "Turnback" State $(reatto the City of Welser with a direct contribution of $450,000 Of which $300,000 will be used from e. Park Street to aboUI Gray Avenue. The work is an extension Of the project as dBfined in this Application and oonstftJclion is scheduled for th9 spring/summar of 1999.) plus ICDBG grant Total Cash Match Available for Downtown Revitalization Local/Private Investment Completed in Anticipation Of Downtown Revitalization Project City of Weiser Purchase of Property Purchase of Additional Property Flag Pole City Hall Awnings Sidewalk/Curb (Railroad Station) Total Showtime Video Ace Hardware Washington County Title Star Theater G & D Properties Total TOTAL MATCH 900 'd 69~~lZ~80Z1 :111. $ 300,000 $ 144,095 $ 455,000 $ 12,000 $ 60,905 $ 450,000 $1.422.000 $ 500.000 $ 1,922.000 $ 98,000 $ 40,000 $ 1,100 $ 7,500 $ 1 ,900 $ 145,500 $ 15,000 $ 2.500 $ 30,000 $ 10,000 $ 30.000 $ 87,500 $ 1,313,000 ~~~}jno~':[}j 'WWO~ ':[nV5: IT : ~ 1 (n':J~\ 1 Nl17 - . {\Ill! ~ ~ :... ;::: ~ ~ :... o '- .... - - .- ... :::: ... .... - ~ ~ Boise Office 10624 W. Executive Dr. Boise, ID 83713 T 208.322.7033 800.859.0321 F 208.322.3569 Caldwell Office 811 Main St. Caldwell, ID 83605 T 208.454.9661 800.657.4021 F 208.454.0141 McCall Adult Services P. O. Box 2055 McCall, ID 83638 T 208.634.4287 F 208.634.1776 Weiser Office P. O. Box 311 Weiser, ill 83672 T 208.549.241] 800.859.0071 F 208.549.0071 www.sageid.aho.com May 15, 2003 RECEIVED MAY 2 0 2003 Mayor Robert Corrie City of Meridian 33 E. Idaho Avenue Meridian, ill 83642 City Of Meridian City Clerk Office Dear Mayor Corrie: I hope this finds your community weathering the economic challenges and wet spring weather. It has been another exciting and busy year at Sage Community Resources. Enclosed you will find two additional documents. The first is a Return on Membership (ROM) statement, which highlights some of the key outcomes Sage has accomplished in the past year. This is the second year this fonnat has been used, so it might be helpful to compare it to the prior year, which was sent last July. The second document is the membership dues statement for the 2004-year (October 2003 - September 2004). Although not due and payable until October, many of our members are in the process of budget development for the coming year. It's been our pleasure and privilege to assist the City of Meridian in the past and we look forward to a positive and productive coming year. As always, if you have any questions please don't hesitate to give me a call. Sincerely, ~r-~ Kathleen A. Simko Executive Director Encl. cc: City Clerk Will Berg .... ~ ~ ~ .... r.fJ .S' ~ \.< ~ ~ ~ ~M ~"9 O~ ~s:. \.<- :;:lM "t ; ~ ~ \~ r.n"; ~ ~ ~ ..... :;:If;lo< o r.n ~ ~ ~ % a o u ~ ~ C/J g ~ 'Q (V ~ 4-1 o t,T.i ~ .... o Z ...... U .~ ~~ .-m~ ..... <Il '$% .a p ~ P <Il 0 tJ).a ~.~ ...... (.) <Il 0 ;j r.n u.> .0 -< ~ % en ~ p en a g .:l g..... .'!J 0 ~ - .-d (:Q ~ Q) (.) Q -'d o Q) H (.) 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'0' "'" b 11) tlcjO (<l 0 .... ~ <./)"'cl s:: - \'''''' V<./)<..> ~r.Ft (<)......00......0 04-<~ \ g~~'Ui ~ 0 ~ 0 b ::i 'd ...... ..... b!l 0 \D ;:! 0 4:: C\ ~ .9 ~ c.<)~ t) ?-t 0\ '&, t~~ooO'\~..q- cJ~z~;zco- <& oj r./) Q) u g .9 ~ ~ e p.. o 'd) ~ C\ .:gtu ~u o~ tili5 p(/) .~~ t4~ en Q) <..> .~ rn ~ Q) .,.... () 4-< . O'd ,2.g p.. ....... ~g (/)0.. * -.:t M \D~ (<l M .-< r.Ft I '"0 Q) '"0 ..... >- o ~ \-10 p.. \fl (<l 9 Ul-.:tN ~ "g r-: t-~ ~ ~ c.e \ 0\ t("\.... 0 _'d \_ ,D .aQ)en\ ~ o 1::, Cd if) -.:t~ ~~~g -.:t 0\ Ul tC< ..... ('1') \ t-~~t~p o~..g .... <./) .... 0 - tC< Q) H N '+:1 \ Q),~ ~ \ .a -0 """' \is ~(<;\ ,s:; \-I Q)~pagO i::. Q) 11) III I!) en ~~SS~% 23o~~Or-- 50 ... ~ . . u on p '6b ~ g C 5 b!l <C t<:l III .< ..... 'l 0'> ...... if) llJ ~ ~ ~ $ ~ \;) ~ ;::... € -ogo -llJ"'" o '0 "0 1=l~* .g a t<) cd I 0'> u~@ ,g'g..... ~.\1 g o-;;~ a<3.s 'p 0.. ~~8 8'>-v E ~.S ~~~ ..-< llJ -;;~B <3 p..\1 ':R- ...b~ Or-o o :<: -B6Fl rj} ~ ~ .\3,J:J 0 .... I-< ..... o 0 ..... ~t.l~ GQ..... Cl,J:J 0 11)........... ~~-g us<+< ....ag o ''I:: ::lO..d o.~ gp bO a 0 .a ....-E 8: 1$ -0 C ;:--.. llJ .a%s 4-<d- o~~ ~~llJ .\:: -0 g OJ g llJ oOo\~ .......0\0 .,j-J>{: ............;>- ~Xl~ W~,~ .......u ~~ o ~ \ ~~"C\ UU~ \ \ ~ ~~.s g 't1 .\1 ,;>-<-<1.0 SAGE COMMUNITY RESOURCES 10624 WEST EXECUTIVE DRIVE BOISE,ID 83713 208-322-7033 INVOICE 05/15/03 Invoice #: 200405 Order #: 000000 CITY OF MERIDIAN 33 E. IDAHO AVENUE MERIDIAN, ID 83642 ---------------------------------------------------------------------- DUES FOR OCT 2003 - SEPT 2004 Total amount due $2,523.12 ~~-----------~~~~------------~~~--------------~-~------------~~~--~--~ Please remit within 30 days. Boise Office 10624 W. Executive Dr. Boise, ID 83713 T 208.322.7033 800.859.0321 F 208.322.3569 Caldwell Office 811 Main 8t. Caldwell, ID 83605 T 208.454.966] 800.657.402 ] F 208.454.014] McCall Adult Services P. O. Box 2055 McCall, ID 83638 T 208.634.4287 F 208.634.1776 Weiser Office P. O. Bod] 1 Weiser, ID 83672 T 208.549.241] 800.859.0071 F 208.549.0071 www.sageidaho.com May 15,2003 Mayor Robert Corrie City of Meridian 33 E. Idaho Avenue Meridian, ill 83642 RE(;EIVED MAY 2 0 2003 Dear Mayor Corrie: City Of Meridian City Clerk Office I hope this finds your community weathering the economic challenges and wet spring weather. It has been another exciting and busy year at Sage Community Resources. Enclosed you will find two additional documents. The first is a Return on Membership (ROM) statement, which highlights some of the key outcomes Sage has accomplished in the past year. This is the second year this format has been used, so it might be helpful to compare it to the prior year, wIllch was sent last July. The second document is the membership dues statement for the 2004-year (October 2003 - September 2004). Although not due and payable until October, many of our members are in the process of budget development for the coming year. It's been our pleasure and privilege to assist the City of Meridian in the past and we look forward to a positive and productive coming year. As always, if you have any questions please don't hesitate to give me a calL Sincerely, ~r-~ Kathleen A. Simko Executive Director Ene!. cc: City Clerk Will Berg ~ e ~ ~ .... rfJ .S< .::.. rn ~ "% (l;l ~~ ~ 1 0""'"' ~O ...% a ... ~~ \'f"'\ rn"; (l;l to>> to>> rn ... .... ~~ o ~ ~ .... ~ i o u ~ r% rJJ. ("\r;j) 0-0 ~~ (:1(; ....... 0 \ 0 ,.....,....:1 ::<06 -0 ~ o Q) .~ "'a Q) ..... p..(.(l t)/J~ P \-l 'f. Q) o~ fr~ ~~ \ ?':>;;: ~ ~ ~"'a 0-0 u~ c;$ 0 ~<Il B H .s~ .~ ..g gg .... ........ ta ~' e~ o~?:' ~ p..... ~oo rr.> Q) o .~ rr.> ~ Q ;.:::; o 4-< . O'd ~~ P< .... ~B (.(lp.. g ~ .t. ~ f..!.-( o o::t Q". r--~ ~ r:;I:) 'if> 4-< o V"ltft r:;I:)NO o t<1~ 0 ....... V"l r;::" ~,.....~ Q".V"l-o t<1'iF>Q ~4-<'e:. 4-< 0 Q) otftrr.> tftge -0 ~ '% 1-<0 p. V"l t<1 rr.>o::t("\ ~ ~ r:-~ ~ ~ \ Q". V"l~ ...-; 'd \ ,........ .e Q) (/) \ o ~ (; <Il t-' Q) Q) (\) (/) ~ 0 Q". <Il ,e:.. . ... (<'1 \ r-~'d ~V"l ~ 0... (\) ~ ~ o::t~ 0 ,........ '$ fJ) \-l N '.0 \ (\)'~ ~ \ ~ -0 ~ (l) ~ c;$.,.q 0 Q) onA e g Q.- ~ (\) Q) fJ) Q) '8 Q) '6ha a.1::\ Cd <Ilp'Poi;:lH ~F;~p:.Ot-< 'Q'-' ... .... . . o .,....< () on 8 .~ g G"' 5 6J) 4. c;$ Q) 4. ...... M I 0\ - '" ~ <<I ~ -% ~ ~ 'gj 'B ~~o O~~ .() 0 ~.;. ~ o~o 'P '" c<') <<I I 0'> u~@ .BtIl.... <l.l '" P 4-<.'~ ~ o~ ~ g8 0 .~ .~ .-;;.~ l:: s.".<l.l o ~ .S () ?:- <<I "'''''~ ..,-1 \U ~tS o p.. '" o -::R. :::: .0 <<I () 0 0 01:-0 .... :::r. 'Uo~ w a3 ~ .S p 0 'Oo.tl P~.s ~Q""" ~pO l1)~~ \:.'a~ -aa'-'"' ...... ?-, 0 o .~ t:l ~o~ 0....... ? cnGo _e .o~ P<I1l>O %"..,C\J .t).s b' ...... g.- om%' ..;j.'gj11l .... >0 t:l ...... P ? ~ ? e. ~o::.<<I .-<0'0 l l..a ;::~:::r. ~~~ c!lcD5 <<I ~ .... "'tIlD p~ I1l !.) \ ....... ~~ ord DD ~ \ \ n ~~o ?..a'<i\ 0..... ...... ';r'~p SAGE COMMUNITY RESOURCES ( 10624 WEST EXECUTIVE DRIVE BOISE, ID 83713 208-322-7033 INVOICE 05/15/03 Invoice #: 200405 Ordel~ #. 000000 CITY OF MERIDIAN 33 E. IDAHO AVENUE MERIDIAN, 10 83642 --------~~~-------~-~-~~--------~~~~~----------~~-~------~--~-~------- DUES FOR OCT 2003 - SEPT 2004 Total amount due $2,523.12 -~~--------~~~~---------~---~-------~-~------------~-~--~---------~~~-~ Please remit within 30 days. January 3, 2003 Pre-Council Meeting MERIDIAN CITY COUNCIL MEETING APPLICANT January 7, 2003 ITEM NO. 6 REQUEST Sage Presentation: 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: ff~ rJ;t- ~ ~ atr rtLct ~ () Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. Sharon Smith From: Sent: To: Subject: Sharon Smith Tuesday, January 07, 20032:28 PM Will Berg; Robert Corrie; Bill Nichols (E-mail); Tammy De Weerd Sage Presentation / January 7,2003 Precouncil Susan with the City of Caldwell will be faxing over a letter to request that this item be tabled to a date in the near future when her mayor is available -- She will contact Tammy and let her know what date works well for all. Thanks! Sfzaron Smitfi fMeritfian City Cfer/ij Office cP/i. 888-4433 ex:! 210 1 Will Berg From: Sent: To: Subject: Sharon Smith Tuesday. January 07,20032:28 PM Will Berg; Robert Corrie; Bill Nichols (E-mail); Tammy De Weerd Sage Presentation I January 7, 2003 Precouncil Susan with the City of Caldwell will be faxing over a letter to request that this item be tabled to a date in the near future when her mayor is available -- She will contact Tammy and let her know what date works well for all. Thanks! Sliaron Smitfi :Menatan City Cferfls office C1ft. 888-4433 e:J(j 210 1 June 6, 2003 Pre-Council Meeting MERIDIAN CITY COUNCIL MEETING APPLICANT June 10, 2003 ITEM NO. 4 REQUEST Discussion of SteUarTechnologies. LLC, Agreement -Installation of Anaerobic Wastewater Treatment Apparatus: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo s~~ rJifcfr Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. Sharon Smith From: Sent: To: Subject: Sharon Smith Friday, June 06, 20032:34 PM Will Berg; MayorsOffice; Bill Nichols (E-mail) Erik Bolinder re: Stellar Technologies Agreement I called Mr. Bolinder to let him know that this item will be discussed at the June 10th precouncil meeting, and Mr. Bolinder did confirm he will attend to answer any questions. Thanks. Sfiaron Smitfi :M.eritfian City Cferf& Office PFi. 888-4433 ex:J 210 1 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. MEMORANDUM June 5, 2003 From: William F. NiCh~ Mayor Corrie Council members R CEIVED JUN - 5 2003 To: Cc: J olm Shawcroft Gary Smith Will Berg, Jr. City Of Meridian City Clerk Office Subj: Pilot Project Agreement with Stellar Teclmologies, LLC Attached to this memo is a Pilot Project Agreement which would allow Stellar Technologies, LLC to temporarily install a test anaerobic wastewater treatment apparatus at the City WWTP. Stellar Teclmologies is a business associated with DBSI. Jolm Shawcroft has reviewed the agreement and met with the individuals involved in the project. The attached agreement includes changes I requested. Stellar Tec1mologies is under a time crunch to get this started. They are already one week behind the deadline imposed by their financing. They would like the agreement to be approved as soon as possible. I told their lawyer that I would request that this be placed on PreCouncil for June 10, 2003 but could not promise that it would be placed on that agenda. When this is placed on a PreCouncil agenda, the Clerk's office can notify Stellar by calling Erik Bolinder at 955-9806. End of Meroo. MEMO Prr,OT PROJECT AGREEMENT This Pilot Project Agreement ("Agreement") is entered into this _ day of , 2003, by and between STELLAR TECHNOLOGIES LLC ("Stellar"), whose address is 1550 South Tech Lane, Meridian, Idaho 83642, and CITY OF MERIDIAN ("Meridian"), whose address is 33 E. Idaho Ave., Meridian, Idaho 83642. RECITALS WHEREAS, Stellar desires to temporarily install and test anaerobic wastewater treatment apparatus as 1110re particularly described on Exhibit A attached hereto and incorporated herein (the "Pi10t"). WHEREAS, Meridian desires to allow Stellar to temporarily install and test the Pilot with certain limitations and conditions at Meridian's wastewater treatment plant located at 3410 N. Ten Mile Road, Meridian, Idaho 83642 (the "Plant"). WHEREAS, Stellar is a Meridian business, and facilitating the Pilot Project may lead to an increase in the conunercial tax and employment base within the City of Meridian. AGREEMENT NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency ofwruch is hereby acknowledged, including without limitation, provision of test results and data from Stellar to Meridian, the parties agree as follows: 1. Stellar may install the Pilot at the Plant at its sole cost and option and at no expense to Meridian. ? Meridian shall provide adequate space and access at the Plant for installation of the Pilot and for gathering ongoing data, conducting maintenance and making necessary modifications to the Pilot during the tenn of this Agreement and any extensions. Meridian 8ha11 not be responsible or otherwise liable for any maintenance or modification. 3. Meridian shall provide a continuous lID-volt power source for operation of the Pilot and access to wastewater for treatment and testing purposes. Stellar shall reimburse Meridian for the cost of the electicity supplied to the Pilot. 4. Stellar shall operate the Pilot in such a manner as to not interfere with Meridian's operation of its wastewater treatment plant. If operation of the Pilot interferes with Meridian's Plant, the Waste Water Superintendent, or his designee, in their sole discretion may direct Stellar to suspend its operations or eliminate the interference and Stellar will immediately comply with such directive. PILOT PROJECT AGREEMENT - 1 Z:\Work\M\Meridian\Meridian ] 5360M\SewerlJ'ilot Project Agr - Meridian Wastewater Stellar Tech May 2003 redlinc draft.doc MISCELLANEOUS PROVISIONS 1. No Sale/No Warranties. In addition to the disclaimer stated in Section 5 below, this pilot project is only entered into on the express understanding that the Pilot is not being sold or leased to Meridian. Consequently, THERE IS NO EXPRESS WARRANTY MADE BY STELLAR REGARDING THE PILOT. THERE IS ALSO NO IMPLIED WARRANTY THAT THE PILOT SHALL BE MERCHANT ABLE AND NO IMPLIED WARRANTY TRA T THE SYSTEM SHALL BE FIT FOR ANY PARTICULAR PURPOSE. ? Title to Property. Stellar shall remain the sole owner of the Pilot and all fixtures appurtenant thereto. Title to the Pilot shall remain with Stellar. The Pilot and all fixtures appurtenant thereto shall not be considered fixtures of Meridian, and shall not be used as security for any of Meridian's obligations or otherwise encumbered in any way. 3. Access. As a condition to acceptance of this Pilot Proposal, Melidian shall allow Stellar to retain access to the Pilot at all reasonable times for purposes of maintenance, monitoring, repair, removal, replacement or other observation. 4. Insurance and Indemnity. At all times dUling which the Pilot is installed on Meridian's premises, Stellar shall defend, indemnify and hold Meridian harnlless from damages, and provide a certificate ofil1surance evidencing liability and casualty insurance coverage for any damage caused to or by the Pilot with limits of at least one million dollars for liability coverage. 5. Disclaimer. THIS IS A TEST PROJECT ONLY WITH NO REPRESENTATION WHATSOEVER AS TO ACTUAL RESULTS. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A CONTRACT TO PROVIDE ANYW ASTEW ATER TREATMENT EQillPMENT OR SERVICES AND SHALL NOT BE CONSTRUED AS A REPRESENTATION THAT INSTALLATION OF THE PILOT 'WILL PROVIDE ANY BENEFIT TO WASTEWATER TREATMENT OR OTHERWISE ASSIST MERIDIAN IN ITS W ASTEW ATER TREATMENT OPERATIONS. 6. Force Majeure. Neither party will be liable for any loss or damage sustained by the other party because of any delay in performance or noncompliance with any provision ofthis Proposal that results from an act, event, omission, or cause beyond its reasonable control and without its fault or negligence, including but not limited to, strikes, lockouts, civil commotion, riots, wars, fires, explosions, floods, earthquakes, embargoes, inability to obtain suitable raw material, equipment, fuel, power, components, or transportation, or acts of civil or military authority. 7. Term and Termination. This Agreement shall remain in effect for six (6) months from the date hereof unless earlier terminated as provided below. The parties may extend the Agreement for additional six (6) month periods upon mutual agreement PILOT PROJECT AGREEMENT - 2 Z:\Work\M\MeridianlMeridian IS360M\SewerIPilot Project Agr. Meridian Wastewater Stellar Tech May 2003 redline draft.doc in writing. Notwithstanding the tenn of this Agreement, either party may terminate the relationship for anyreason whatsoever upon t.hi1iy (30) days written notice to the other party. Upon temlination, Stellar shall be allowed a reasonable time to remove the Pilot, but in any case, such equipment shall be removed within thirty (30) days after telmination unless Meridian grants an extension for good cause. 8. Restraint on Sales. Stellar agrees for itself, its successors and assigns, that it will not sell, market, construct, or license its technology or processes to any residential development located in whole, or in pmi, within the Meridian Area of City Impact (as designated in the 2002 Comprehensive Land Use Plml) prior to June 1,2023. IN WITNESS WHEREOF, the parties have hereunto executed this Agreement effective as of ,2003. STELLAR TECHNOLOGIES LLC CITY OF MERIDIAN By: Douglas L. Swenson Authorized Board Member By: Name: Robert D. Conie Title: Mayor Attest: Will Berg, Jr. City Clerk PILOT PROJECT AGREEMENT - 3 Z:\Work\MlMeridian\Meridian I 5360M\SewerIPilot Project Agr - Meridian Wastewater Stellar Tech May 2003 red line draft.doc EXHIBIT A-I Description of Pilot The pilot will consist of two polyethylene tanks, connected in series, manufactured by Rotonics Manufacturing Inc. of Caldwell, ill. Each tank will have a nominal capacity of two thousand, eight hundred gallons and will be seven, feet, nine inches in diameter and eight feet, nine inches in height. They will be emplaced as shown in Exhibit A-2 (attached). Two pumps, each of one-half horsepower, will supply wastewater to the pilot. Nom1al or average flow, of approximately 8 gallons per minute, will be supplied by the first pump on a 24 hour per day basis. Surge flbW of 16 gallons per minute will be supplied with both pumps operating four hours in the moming and four hours in the late aftemoon and early evening. Wastewater will be pumped from the receiving chamber at the top of the screw pumps following screening. The treated wastewater will be returned to the chamber at the base ofthe screw pumps. ... r-- ..-- ...................... . .... .." ....~.. ......... .... .... .."..' :....... . LO Ci) ill '...'.' ~~ <Dc:{ +or o i!: C\I C I 0 <C ._ CO ~1ii1l a (,) It tS,- ..... CD 0- _ co: <C~S L.. (]) 3: a.. 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June 6, 2003 MERIDIAN CITY COUNCIL MEETING June 10, 2003 APPLICANT REQUEST Executive Session per Idaho Code S67-2345(l )[b): Pre-Council Meeting ITEM NO. 5 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: SEfTLERS 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. MAYOR Robert D. Corrie ,~~~_". .:~t~~ ;c'~" .~ olfe;;dl;;'~-~~\ IDAHO \/ / Q1NCt 11903 LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888.3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500 . Fax 887-1297 BUILDING DEPARTMENT (208) 887-221 J . Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888.6854 CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF PRE-COUNCil MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, June 10, 2003 at 6:00 P.M. The Meridian City Council will be discussing the following agenda items: - Discussion of SA GE - Discussion of Stellar Technologies, LLC, Agreement - Installation of anaerobic wastewater treatment apparatus - Executive Session per Idaho Code s67-2345(1)(b) The Executive Session is closed to the public, however, the public is welcome to attend the remainder of the meeting. DATED this 6th day of June, 2003. \\ \\ I \ tI II II/! J / I ,\,\ ....r: Mr::,... 1111 ...\" ~ V' o...r(lI'> III,; ...' a~ VL.. ~ ~ ~7.J 'l $' . cP?P~h ~ ~ f ~ ~ ~ 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642. (208) 888-4433 City Clerk Office Pax (208) 888-42[8 . Human Resources Fax (208) 884-8723 . Finance & Utility Bifling Fax (208) 887-48l3 ? Lea.s~ ? o'Si JDy ?tA-blcc. ')1o-h' Ct0 -- Th cutfC3 ! CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, June 10, 2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ Bill Nary Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Discussion of SAGE: (15 minutes*) 4. Discussion of Stellar Technologies, LLC, Agreement - Installation of anaerobic wastewater treatment apparatus: (10 minutes*) 5. Executive Session per Idaho Code 967-2345(1)(b): ... Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Meridian City Council Pre-Council Agenda - June 10,2003 Page I of I All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX CONFIRMATION REPORT ** 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 22 24 DATE TIME TO/FROM 06/06 11:33 3810160 06/06 11:34 PUBLIC WORKS 06/06 11:35 12084664405 06/06 11:36 8841159 06/06 11:37 2088840744 06/06 11:39 8985501 06/06 11:40 LIBRARY 06/06 11:41 92083776449 06/06 11:41 208 388 6924 06/06 11:42 2088886854 06/06 11:43 12084674538 06/06 11:44 8950390 06/06 11:45 208 387 6393 06/06 11:46 ADA CTY DEUELMT 06/06 11:47 208-888-5052 06/06 11:48 CHERRY LANE 06/06 11:49 POST OFFICE 06/06 11:50 IDAHO ATHLETIC C 06/06 11:51 ID PRESS TRIBUNE 06/06 11:52 208 888 6700 06/06 11:56 2088467366 06/06 11:58 Laurel AS OF JUN 06 '03 11:59 PAGE. 01 MODE EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S CITY OF MERIDIAN MIWSEC PGS 00'27" 001 00' 19" 001 00'20" 001 00'20" 001 00'21" 001 00'21" 001 00'22" 001 00' 19" 001 00'21" 001 00'20" 001 00'19" 001 00'20" 001 00'20" 001 00'39" 001 00'21" 001 00'22" 001 00'27" 001 00'20" 001 00' 19" 001 00'20" 001 00'20" 001 00'20" 001 CMDJ:I 176 176 176 176 176 176 176 176 176 176 176 176 176 176 176 176 176 176 176 176 176 176 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK ----------------------------------------------------------------------~--------------------- f LeAse. ? 0$1: ftrr ?u..bliG 'YLo-h' Ce.... .- Th Ml~ ! CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, June 10J 2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ Bill Nary _ Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Discussion of SAGE: (15 minutes"') 4. Discussion of Stellar TechnOlogies, LlC. Agreement - Installation of anaerobic wastewater treatment apparatus: '<4n _1_....__..\ MAYOR Robert D. Corrie .;f:.'tk):l'? .. Ptc ~ ;/l"r') 't ~p /,ClTYOF [~~~. '. VVLerldl'an---"le "\ IDAHO i A Y ~~ ,..!-. ('<S;h, Q/ sll ., 'do, T"E..-.sURIE: V.>JJ$ . i """ , 1903 LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500 . Fax 887 -1297 BUILDING DEPARTMENT (208) 887-221 I . Fax 887- I 297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tumm y de Weerd William L. M. Nary Cherie McCandless Keith Bird ~ ~~~e.. 90S*' hf ~(;Cbk rI f/h'~ - fh!4<2 ! NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, June 10,2003 at 6=00 P.M. The Meridian City Council will be discussing the following agenda items: - Discussion of SAGE - Discussion of Stellar Technologies, LLC, Agreement - Installation of anaerobic wastewater treatment apparatus - Executive Session per Idaho Code ~67-2345(1)(b) The Executive Session is closed to the public, however, the public is welcome to attend the remainder of the meeting. DATED this 6th day of June, 2003. ~ ... 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642. (208) 888-4433 City Clerk Office Fax (208) 888-42J8 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-48]3 >1<>1< TX coN rill ON REPORT ** AS OF JUN 06 '03 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/5EC PG5 CMDn 5TATUS 15 136/06 15' 11 381131613 EC--S 00' 34" 1301 185 OK 16 06/06 15'12 PUBLIC WORKS EC--S 00'26" 001 185 OK 17 06/136 15'13 12084664405 EC--5 00'26" 0131 185 OK 18 136/06 15: 14 8841159 EC--5 010' 25" 1001 185 OK 19 136/06 15: 15 2088840744 EC--5 130' 24" 001 185 OK 20 136/06 15:16 2088467366 EC--5 00'24" 13131 185 OK 21 06/06 15' 18 LIBRARY EC--5 00' 313" 001 185 OK 22 06/06 15:19 921383776449 EC--5 00'24" 13131 185 OK 23 136/136 15'213 2138 388 6924 EC--5 130'29" 0131 185 OK 24 06/e6 15:21 21388886854 EC--5 1313'23" 0131 185 OK 25 06/e6 15: 22 8950390 EC--S 00' 24" 001 185 OK 26 06/0615:23 Laurel EC--5 00'24" 001 185 OK 27 06/06 15'24 208 387 6393 EC--5 00'24" 001 185 OK 28 06/06 15'25 ADA CTY DEVELMT G3--5 00' 39" 001 185 OK 29 06/06 15'26 208-888-51352 EC--5 00'24" 1301 185 OK 30 06/06 15'27 CHERRY LANE EC--5 010'310" 13131 185 OK 31 136/e6 15:28 POST OFFICE EC--S 130'34" elO1 185 OK 5 e0'25" 001 185 OK 32 136/06 15:29 IDAHO ATHLETIC C EC-- __________________________________ ------------------------------~--------------------------- MAYOR Rob", D. Co,,," -. f;.L ~p /<':1""'0>": . \.JVlerldian' .1; '\ v, ~ID^HO Jt . ., '~"r.-~\l...~ i.l.oi'~ . I'ilJJ ~EC;A~ D2PARTMEN'l' (20~) 4GG.9212 . FAX 4G6~O,\ PARKS << RECIlEA'l'ION (20SI 888.3579 . Fo. 80S'SS0 I fliBl.IC WORKS (lOR) 898.5500. Po, 887-1197 BUIlDING DEPARtMENT (20BI 887.1211' fo. 887.1297 PLANNING &: ZONING (108) SB4-5S33 . Fox 888-6854 CITY COUNCIL MEMBERS Tommy de Wcerd WlIUom l.. M. N.lY Cherie MeC.ndless K.ilh Bird ? lto...Se.. ?O~-C h>' 'YlA-blic. rlr>b'~ -1h.wr1t-~ J NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN thaI the City Council of the City of Meridian will hold a Pre-Council Meeling at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday. June 10, 2003 at 6:00 P.M. The Meridian City Council will be discussing the following agenda items: - DiSCUSSIon of SAGE - Discussion of Stellar Technologies, LtC, Agreement -Installation of anaerobic wastewater treatment apparatus - Executive Session per Idaho Code s67-2345(1)(b) The Executive Session is closed to the public, however, the public is welcome to attend the remainder of the meeting. DATED this Sill day of June, 2003. B EAST IDAHO AVENUE' MERID[AN. IDAHO 83642. (08) 888-.1<m Ciry Clerk Olnce Fn. (208) 888-4218 . Human Ro.""re.. Fo. (208) 884-8123 . Finan.. & UriliLY Billing Fax (208) 887 -4813 ** TX CONFIRM~..JN REPORT ** ( AS OF JUN 06 'l_ 15:35 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS U E EC S 00' 24" 001 185 OK 01 06/06 15: 30 ID PRESS TRIB N -- OK 02 06/06 15:31 208 888 6700 EC--S 00'24" 001 185 03 06/06 15:35 8985501 EC--S 00'24" 001 185 OK _________ ---------------------------~------------------------------------------------------- ; MAYOR Robert D. Corri, ~'. J. . *,.0 ~~ /<.:L1YOf B? _,' 1_ \.JVltJridltrr/"J; '\, I ~'DAHO 1.)1 ~~ /.f/ ..,,.~ ~S~~ ~." 1'IlJ LEGAL DePARTMENT {ZO~} dGG.9272 . FAX 466-.;.105 PARKS &. RECREATION (Zagl 888-;579 . I'JK S9R-SSO I PUBLIC WORKS (208) 898-5500' F~x 887.1297 BUILDINO DEPAIttMENT (208) 887-2211 . FndS7.1297 PLANNING & ZONING (208) 8S4-S5:lj . I'JX 888-6854 CITY COUNCIL MEMBERS Tammy de WeeI'd Wllllnm l. M. N~lY Cherie McCnmJless Keilh Bio'd ? lta.2e. 9021; h ( 1>u-bk r/ rA:1'f!.e, - f~~ J NOTICE OF PRERCOUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday. June 10, 2003 at 6:00 P.M. The MeridIan City Council wiU be discussing the following agenda items: - Discussion of SA GE - Discussion of Stellar Technologies, LLC, Agreement - Installation of anaerobic wastewater treatment apparatus - Executive Session per Idaho Code 967-2345(1)(b) The Executive Session is Closed to the public, however, the public is welcome to attend the remainder of the meeting. DATED this 6th day of June, 2003. 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642. (208) 888-4433 City Clerk Office Fnx (208) 888-4218 . HlIm~n Resources FnK (208) 884-8723 . Fin~ncc & U[ilily BillIng Fax (208) 887-48 J 3 ** COMMUNICATIONS REPORT ** AS OF JUN 06 '03 12:14 PAGE. 01 CITY OF MERIDIAN TOTAL PAGES TOTAL TIME SEND 0062 SEND 00020'59" RECEIVE 0000 RECEIVE 00000'00" DATE TIME TO/FROM MODE MIN/SEC PGS CMDt:t STATUS 01 06/06 11:33 3810160 EC--S 00'27" 001 176 OK 02 06/06 11:34 PUBLIC WORKS EC--S 00'19" 001 176 OK 03 06/06 11:35 12084664405 EC--S 00'20" 001 176 OK 04 06/06 11: 36 8841159 EC--S 00'20" 001 176 OK 05 06/06 11:37 2088840744 EC--S 00'21" 001 176 OK 06 06/06 11:39 8985501 EC--S 00'21" 001 176 OK 07 06/06 11:40 LIBRARY EC--S 00'22" 001 176 OK 08 06/06 11:41 92083776449 EC--S 00'19" 001 176 OK 09 06/06 11:41 208 388 6924 EC--S 00'21" 001 176 OK 10 06/06 11:42 2088886854 EC--S 00'20" 001 176 OK 11 06/06 11:43 12084674538 EC--S 00' 19" 001 176 OK 12 06/06 11:44 8950390 EC--S 00'20" 001 176 OK 13 06/06 11:45 208 387 6393 EC--S 00'20" 001 176 OK 14 06/06 11:46 ADA CTY DEVELMT G3--S 00'39" 001 176 OK 15 06/06 11:47 208-888-5052 EC--S 00'21" 001 176 OK 16 06/06 11:48 CHERRY LANE EC--S 00'22" 001 176 OK 17 06/06 11:49 POST OFFICE EC--S 00'27" 001 176 OK 18 06/06 11:50 IDAHO ATHLETIC C EC--S 00'20" 001 176 OK 19 06/06 11:51 ID PRESS TRIBUNE EC--S 00'19" 001 176 OK 20 06/06 11:52 208 888 6700 EC--S 00'20" 001 176 OK 21 06/06 11:54 PUBLIC WORKS EC--S 01'14" 004 177 OK 22 06/06 11:56 2088467366 EC--S 00'20" 001 176 OK 23 06/06 11:57 12084664405 EC--S 01'15" 004 177 OK 24 06/06 11:58 Laurel EC--S 00'20" 001 176 OK 25 06/06 11:59 8841159 EC--S 01'14" 004 177 OK 26 06/06 12:02 2088467366 EC--S 01'15" 004 177 OK 27 06/06 12:04 8985501 EC--S 01' 13" 004 177 OK 28 06/06 12:06 LIBRARY EC--S 01'36" 004 177 OK 29 06/06 12:08 92083776449 EC--S 01' 13" 004 177 OK 30 06/06 12:09 208 388 6924 EC--S 01'36" 004 177 OK 31 06/06 12:12 2088886854 EC--S 01' 13" 004 177 OK 32 06/06 12:13 12084674538 EC--S 01' 13" 004 177 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 10,2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance; X Tammy de Weerd =x Cherie McCandless )< Mayor Robert Corrie 2. Adoption of the Agenda: afJ7YO ve a.J am e hd )C Bill Nary X' Keith Bird 3. Consent Agenda; A. Approve minutes of May 13, 2003 Pre-Council Meeting: ~Vl.i!.-- B:. Findings of Fact and Conclusions of Law for Approval; CUP 03-018 Request for a Conditional Use Permit for a bank with drive- thru in an J-L zone for Washinaton Trust Bank by Russ Wolfe - south of East Presidential Drive and east of North Eagle Road: ~V<<.-- e. Findings of Fact and Conclusions of Law for Approval: M103- 008 Request for sales office I model home in an R-4 zone for Inalenook Model Home by Inglenook Development - 2720 South Locust Grove Road: r:~ppov-e- D. Findings of Fact and Conclusions of Law for Approval; VAC 03-002 Request to vacate existing easements in Crestwood Subdivision No.1 by the plats of Havasu Creek Subdivision No.s 1, 2, and 3 by Farwest, LLC - west of North Locust Grove Road between West Ustick Road and West McMillan Road: tll"Jh"9f/\e-- 12. Findings of Fact and Conclusions of Law for Approval: M103- 007 Request to construct a temporary private road for the construction of Phase 2 in C-G, R-40, and C-N zones for Fairview Lakes by Fairview Lakes, LLC - 824 East Fairview Avenue: ~~ Meridian City Council Agcnda - June 10,2003 Page 1 of 4 An materials presented at public meetings shall becomc 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. ,,' /1. )i. F. Findings of Fact and Conclusions of Law for Approval: CUP 03-014 Request for a Conditional Use Permit for a reduction of approved 192 unit apartment to 96 units and allow 55,000 square foot office park for Fairview Lakes by Fairview Lakes, LLC - 824 East Fairview Avenue: ~v\G- G. Findings of Fact and Conclusions of Law for Approval; CUP 03-013 Request for a Conditional Use Permit to modify operational hours and change building placement from original approved CUP in a C-N zone for Cherry Crossin~ by Hawkins Companies - northwest corner of West Cherry Lane and North Linder Road: ~~vu-- Findings of Fact and Conclusions of Law for Approval: CUP 03-016 Request for a Conditional Use Permit for a craft store and coffeehouse in an 0- T zone for The Library by Craig Rittenhouse - 141 East Carlton: ~n?vu:.- fl. ,I Findings of Fact and Conclusions of Law for Approval: CUP 03-019 Request for a Conditional Use Permit for the demolition of one of the two existing buildings and replacing with one new building for the same use - child care in a C-C zone for New Horizon Child Care by New Horizon Child Care - 1830 North Meridian Road: c&p~V'L .J: Sewer and Subdivision: Water Main a'fpc-W--- Easement for Krispy Kreme .K. Water Main Easement for Sanitary Services - north of West Franklin Road and west of North Linder Road: ~f/'<.--- Sewer and Water Main Easement for Sundance Subdivision No.2: ar ;ff()V'..e/ M. Sewer and Water Main Easement for Brid~etower Crossing Subdivision No.3; o/;mo~ -N':. Streetlight Agreement for Sutherland Farms Subdivision No.1: #"f'jJrPV'C.--> Streetlight Agreement for Meadowlake Village (aka Touchmark Subdivision): tJif~cM- /d. P. Streetlight Agreement for Lochsa Falls Subdivision No.1: ar)?f7j;>~ Streetlight Agreement for Lochsa Falls Subdivision No.2: a fljrroVl<- Streetlight Agreement for Lochsa Falls Subdivision No. 3: a.-j?~vt-e.- ..Q. R:' Meridian City Council Agcnda - June 10, 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 thc City Clerk's Office at 888-4433 at lcast 48 hours prior to the public meeting. 5. 6. 7. 8. 9. 10. 11. f" p 1rJ-.~n ;hJ f' Z.Oh-1h1 'kI'Vv::dht.e--r: I, ..Fo-fiw~ .:;:n-liY/-ntt.-f} ~ c~ S. Stellar Technologies, LLC, Agreement - Installation of anaerobic wastewater treatment apparatus; ~",.-..L 4. Department Reports; A. Meridian Police Department; 1. Discussion of Grant Award with Cpt. Bill Musser: reJ el'vf~d.., B. Public Works Department 1. Discussion of Observation Point Subdivision Exception to Final ~Iat N9tes Regarding Lot 2, Block 2: $-eI- publtc/t.eCVt-/h~ (Items Moved from Consent Agenda) ~ FP 03-031 Request for Final Plat approval of 55 building lots and 6 other lots on 19.71 acres in an R-4 zone for Cobre Basin Subdivision No.2 by Havasu Creek, LLC - south of East McMillan Road and east of North Meridian Road: wjJjff<9v<,- FP 03-032 Request for Final Plat approval of 37 building lots and 2 other lots on 9.48 acres in an R-8(PD) zone for Quenzer Commons Subdivision No.2 by Brighton Development Company, LLC - west of North Locust Grove Road and north of East Ustick Road: a;;;?'ro~ TE 03-005 Request for a one year Time Extension to record the Final Plat and Variance for Intermountain Outdoor Sports Subdivision by Gerry Sweet - 1375 East FaiNiew Avenue: 0fP/'"t'~ Continued Public Hearing from May 13, 2003: Dust Abatement Ordinance; C C7t;f; nu..-v ;; /It ~? c- /L.etf...-t-/~ ~ Jut::; 15"; 2-f.?t?3 Continued Public Hearing from May 27, 2003; CUP 03-015 Request for a Conditional Use Permit to add a heliport with office and fueling - future landing pad and hanger on southeast corner of property in an L-Q zone for St. Luke's Meridian Medical Center by St. Luke's Regional Medical Center - east of South. Eagle Road and north of 1-84: e&--rffrfI-eJ -10 ~.eptvl,t 1'/ ~ " c I~ firr dtp J?YP v~ Continued Public Hearing from June 3, 2003; CUP 03-011 Request for a Conditional Use Permit for two 9,500 square foot retail buildings with associated site improvements in an L-Q zone for Resolution Subdivision by G.L. Voigt Development - 1611 South Millennium Way and 2045 West Overland Road: tfl,r/-8~J fa j/Y-cl'tlA-LJIf-fel.e ';:;'-~pTovt4-l Meridian City Council Agenda - June 10,2003 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior (0 the public meeting. 12. 13. 14. 15. 16. 17. IB- Continued Public Hearing from June 3, 2003: RZ 03-006 Request for a Rezone of 3.41 acres from R-4 to R-8 zones for Bear Creek No.6 by Westpark Company - west of South Meridian Road and south of West Overland Road: ./;#-1 f/ /dY~vd a~f?yN11o //'.ef?~ rf C ~r' - Continued Public Hearing from June 3, 2003: PP 03-005 Request for Preliminary Plat approval of 31 building lots and 2 other lots on 10.49 acres in a proposed R-8 zone for Bear Creek No.6 by Bear Creek, LLC - west of South Meridian Road and south of West Overland Road: wihrrn?fj 10 jJYejJtf./L.( /Y.f!- fcl--f -fry ~~ Public Hearing: VAR 03-015 Request for a Variance for block length in an R-4 and R-8 zone for Bear Creek No.6 by Bear Creek, LLC - west of South Meridian Road and south of West Overland Road: tfV~:t -IP ~/'~ /'/~ f cl.e r;y- ~vd Public Hearing; AZ 03-002 Request for annexation and zoning of 19.79 acres from RUT to C-G zones for Callister Development by Dave Callister - southwest corner of West Overland Road and South Stoddard Road: (' t9"h -;7)",t/(..l.. jJ III .,t.o ..T ~ 2-1-;- 2-t:?o.3 Public Hearing: CUP 03-001 Request for a Conditional Use Permit for a contractor's yard for an excavation company and mini-storage facilities on 5.91 acres for Callister Development by Dave Callister - southwest corner of West Overland Road and South Stoddard Road: C 67>-77 YLu...e.. P / /l- /0 Ji~ 2A--( ?po:.? Public Hearing; CPA 03-001 Request for a Comprehensive Plan Amendment to change approximately 12.25 acres of the site from mixed- use-neighborhood to commercial for Callister Development by Dave Callister - southwest corner of West Overland Road and South Stoddard Road: ccn-vfrnL-(...(... / / A..- -Iv J~ 24-/ Zot:J.E tit da;t-.e H ~/UL Lala (! 0 1Lf!4.4:J L&?t.e ~ 1 ~c,-'-"'..P ~~/' /h~a~( JWM.- i.G/2003 ~ !:?~3DfJn- Meridian City Council Agenda - June 10,2003 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact lhe City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ?~cQ)e... rpO<2>t JOy ?uJolcc VLoBCL.'- T~tU(t~s! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 10, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance; Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda; 3. Consent Agenda: A. Approve minutes of May 13,2003 Pre-Council Meeting: B. Findings of Fact and Conclusions of Law for Approval: CUP 03-018 Request for a Conditional Use Permit for a bank with drive- thru in an I-L zone for Washington Trust Bank by Russ Wolfe - south of East Presidential Drive and east of North Eagle Road: C. Findings of Fact and Conclusions of Law for Approval: MI 03~ 008 Request for sales office I model home in an R-4 zone for Inglenook Model Home by Inglenook Development - 2720 South Locust Grove Road: D. Findings of Fact and Conclusions of Law for Approval; VAC 03-002 Request to vacate existing easements in Crestwood Subdivision NO.1 by the plats of Havasu Creek Subdivision No.s 1, 2, and 3 by Farwest, LLC - west of North Locust Grove Road between West Ustick Road and West McMillan Road: E. Findings of Fact and Conclusions of Law for Approval; MI 03- 007 Request to construct a temporary private road for the construction of Phase 2 in C-G, R-40, and C-N zones for Fairview Lakes by Fairview Lakes, LLC - 824 East Fairview Avenue: Meri dian City Council Agenda - June 10, 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: CUP 03-014 Request for a Conditional Use Permit for a reduction of approved 192 unit apartment to 96 units and allow 55,000 square foot office park for Fairview Lakes by Fairview Lakes, LLC - 824 East Fairview Avenue: G. Findings of Fact and Conclusions of Law for Approval; CUP 03-013 Request for a Conditional Use Permit to modify operational hours and change building placement from original approved CUP in a C-N zone for Cherry CrossinQ by Hawkins Companies - northwest corner of West Cherry Lane and North Linder Road: H. Findings of Fact and Conclusions of Law for Approval: CUP 03-016 Request for a Conditional Use Permit for a craft store and coffeehouse in an 0- T zone for The Library by Craig Rittenhouse - 141 East Carlton: I. Findings of Fact and Conclusions of Law for Approval: CUP 03-019 Request for a Conditional Use Permit for the demolition of one of the two existing buildings and replacing with one new building for the same use - child care in a C-C zone for New Horizon Child Care by New Horizon Child Care - 1830 North Meridian Road: J. Sewer and Water Main Easement for Krispv Kreme Subdivision: K. Water Main Easement for Sanitary Services - north of West Franklin Road and west of North Linder Road: L. Sewer and Water Main Easement for Sundance Subdivision No.2: M. Sewer and Water Main Easement for BridQetower CrossinQ Subdivision No.3: N. Streetlight Agreement for Sutherland Farms Subdivision No.1: O. Streetlight Agreement for Meadowlake VillaQe (aka Touchmark Subdivision): P. Streetlight Agreement for Lochsa Falls Subdivision No.1; Q. Streetlight Agreement for Lochsa Falls Subdivision No.2; R. Streetlight Agreement for Lochsa Falls Subdivision No.3: Meridian City Council Agenda - June 10, 2003 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. S. Stellar Technologies, LLC, Agreement - Installation of anaerobic wastewater treatment apparatus: 4. Department Reports: A. Meridian Police Department: 1. Discussion of Grant Award with Cpt. Bill Musser: B. Public Works Department; 1. Discussion of Observation Point Subdivision Exception to Final Plat Notes Regarding Lot 2, Block 2: 5. (Items Moved from Consent Agenda) 6. FP 03-031 Request for Final Plat approval of 55 building lots and 6 other lots on 19.71 acres in an R-4 zone for Cobre Basin Subdivision No.2 by Havasu Creek, LLC - south of East McMillan Road and east of North Meridian Road: 7. FP 03-032 Request for Final Plat approval of 37 building lots and 2 other lots on 9.48 acres in an R-8(PD) zone for Quenzer Commons Subdivision No.2 by Brighton Development Company, LLC - west of North Locust Grove Road and north of East Ustick Road: 8. TE 03-005 Request for a one year Time Extension to record the Final Plat and Variance for Intermountain Outdoor Sports Subdivision by Gerry Sweet - 1375 East Fairview Avenue: 9. Continued Public Hearing from May 13, 2003; Dust Abatement Ordinance: 10. Continued Public Hearing from May 27, 2003: CUP 03-015 Request for a Conditional Use Permit to add a heliport with office and fueling - future landing pad and hanger on southeast corner of property in an L-Q zone. for 51. Luke's Meridian Medical Center by St. Luke's Regional Medical Center - east of South Eagle Road and north of 1-84: 11. Continued Public Hearing from June 3, 2003: CUP 03-011 Request for a Conditional Use Permit for two 9,500 square foot retail buildings with associated site improvements in an L-Q zone for Resolution Subdivision by G.L. Voigt Development - 1611 South Millennium Way and 2045 West Overland Road: Meridian City Counci I Agenda - June 10, 2003 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, 12. Continued Public Hearing from June 3, 2003: RZ 03-006 Request for a Rezone of 3.41 acres from R-4 to R-B zones for Bear Creek No.6 by Westpark Company - west of South Meridian Road and south of West Overland Road: 13. Continued Public Hearing from June 3, 2003: PP 03-005 Request for Preliminary Plat approval of 31 building lots and 2 other lots on 10.49 acres in a proposed R-8 zone for Bear Creek No.6 by Bear Creek, LLC- west of South Meridian Road and south of West Overland Road: 14. Public Hearing; VAR 03-015 Request for a Variance for block length in an R-4 and R-8 zone for Bear Creek No.6 by Bear Creek, LLC - west of South Meridian Road and south of West Overland Road: 15. Public Hearing: AZ 03-002 Request for annexation and zoning of 19.79 acres from RUT to C-G zones for Callister Development by Dave Callister - southwest corner of West Overland Road and South Stoddard Road: 16. Public Hearing: CUP 03-001 Request for a Conditional Use Permit for a contractor's yard for an excavation company and mini-storage facilities on 5.91 acres for Callister Development by Dave Callister - southwest corner of West Overland Road and South Stoddard Road: 17. Public Hearing; CPA 03-001 Request for a Comprehensive Plan Amendment to change approximately 12.25 acres of the site from mixed- use-neighborhood to commercial for Callister Development by Dave Callister - southwest corner of West Overland Road and South Stoddard Road: Meridian City Council Agenda - June 10, 2003 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX CONFIRMATION REPORT ** ( AS OF JUN 10 '0~ ~2:26 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDl:1 STATUS 29 05/10 22:18 3810150 EC--S 02'17" 004 214 OK 30 06/10 22:21 PUBLIC WORKS EC--S 01'21" 004 214 OK 31 06/10 22:23 12084664405 EC--S 01'22" 004 214 OK 32 06/10 22:25 8841159 EC--S 01'21" 004 214 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 10, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd ).( Bill Nary =:::Y: Cherie McCandless =z:= Keith Bird ----L Mayor Robert Corrie 2. Adoption ofthe Agenda: af'JrY"Ove dj alnehd 3. Consent Agenda: A. Approve minutes of May 13, 2003 Pre-Council Meeting: ~1I~ B. Findings of Fact and Conclusions of Law for Approval: CUP 03-018 Request for a Conditional Use Permit for a bank with drive- thru in an [-L zone for Washimlton Trust Bank by Russ Wolfe - south of East Presidential Drive and east of North Eagle Road: a-~~ c. Findings of Fact and Conclusions of Law for Approval: MI 03- 008 Request for sales office / model home in an R-4 zone for Inqlenook Model Home by Inglenook Development - 2720 South Locust Grove Road: appn:we- D. Findings of Fact and Conclusions of Law for Approval: VAC 03-002 Request to vacate existing easements in Crestwood Subdivision NO.1 by the plats of Havasu Creek Subdivision No.s 1 r 2, and 3 by Farwest. LLC - west of North Locust Grove Road between West Ustick Road and West McMillan Road: al"f1'YOr/'-C-- E. Findings of Fact and Conclusions of Law for Approval: M103- 007 Request to construct a temporary private road for the construction of Phase 2 in C-G, R-40, and C-N zones for Fairview Lakes by Fairview Lakes, LLC - 824 East Fairview Avenue: ~~ Meridian Cily Council Agenda - JUlle J O. 2003 Pal:" 1 "r 4 AUllll\teri.l. prc.cnled .[ public meeting< <hall b""omc pro~ty oC lhe Cily .fMcridi",_ Anyone dc.iring aooollUlUXlurion for disabilities rel:lled \0 documents allelior hC(\rjng please ooll[3C[ the CiLY Clerk's Offiee at 888-4433 u! I."., 4~ hours priol' 10 the publi" meeting ** TX CONFit<I'IATlON REPORT ** AS OF JUN 10 '03 PAGE. ell crTY OF MERIDIAN 01 02 133 04 135 136 07 08 09 10 11 12 13 14 15 16 DATE TIME TO/FROM 06/10 22:27 2088840744 06/10 22:29 2088467366 06/10 22:31 8985501 06/10 22'32 LIBRARY 06/10 22:35 92083776449 06/10 22:36 208 388 6924 06/10 22:39 2088886854 06/10 22'41 8950390 06/10 22:42 208 387 6393 06/10 22:44 ADA CTY DEVELMT 06/10 22:47 208-888-5052 06/10 22:49 CHERRY LANE 06/10 22:51 POST OFFICE 06/10 22:54 IDAHO ATHLETIC C 06/10 22'56 ID PRESS TRIBUNE 06/10 22:58 208 888 67013 CMD~ 214 214 214 214 214 214 214 214 214 214 214 214 214 214 214 214 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK MODE EC--5 EC--S EC--S EC--5 EC--S EC--S EC--S EC--5 EC--S G3--S EC--S EC--S EC--S EC--S EC--S EC--S MIN/SEC PGS 131'213" 004 131'21" 004 01'19" 004 01 '47" 004 131'20" 004 131'46" 004 01'20" 004 131'20" 004 01'20" 0134 02'19" 004 01'22" 0134 01'47" 004 02'16" 004 01'21" 004 01'21" 004 01'20" 004 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 10, 2003 at 7;00 p.m. City Council Chambers 1. Roll-call Attendance: . X Tammy de Weerd )C BlII Nary =x:::: Cherie McCandless =::K::' Keith Bird ~ Mayor Robert Corrie 2. Adoption of the Agenda: ~ve. dJ amend 3. Consent Agenda: A. Approve minutes of May 13, 2003 Pre-Council Meeting: ~~ B. Findings of Fact and Conclusions of Law for Approval: CUP 03-018 Request for a Conditional Use Permit for a bank with drive- thru in an I-L zone for Washinqton Trust Bank by Russ Wolfe - south of East Presidential Drive and east of North Eagle Road; a--~V'L- C. Findings of Fact and Conclusions of Law for Approval: M103- 008 Request for sales office I model home in an R-4 zone for Inqlenook Model Home by Inglenook Development - 2720 South Locust Grove Road: al'fH"Ov-e- D. Findings of Fact and Conclusions of Law for Approval: VAC 03-002 Request to vacate existing easements in Crestwood Subdivision No.1 by the plats of Havasu Creek Subdivision No.s 1, 2, and 3 by Farwest. LLC - west of North Locust Grove Road between West Ustick Road and West McMillan Road: a,.~V"-C-- E. Findings of Fact and Conclusions of Law for Approval: MI 03. 007 Request to construct a temporary priva1e road for the construction of Phase 2 in CoG, R-40, and C-N zones for Failview Lakes by Fairview Lakes, LLC - 824 East Fairview Avenue: ~V>C..- Meridian Cily Coundl Asend. -June 1O.200l Pall<' I ..f4 AlIll'lJ.teriil.IlIi prc:s-c:ntcd 3.tpubhc mc-;:Iinc.s:;.hill! b-c:C'omc propc.n:y or lh~ Cil,)' cfM'rndi:m. An)'on.c des.f~ina. =-r;I;\lmmr.xl~dcn for di5~bmt.i\!s. rel;.t~u lc- documentS ~ndlor hC::lri1'l8 ~I~!sc: c-ont:1ct (he C~ly CI;rk', Office at 8$804433 l;I~ f=s14K h-ours prior to. lhf publ:i'(: Tnl:cting ** TX CONFIRMHrION REPORT ** AS OF JlJ'.I 86 '83 PAGE. 81 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 01 06/10612:1589583910 EC--S l:l1'12" 0104 177 OK 02 06/10612:17 Laurel EC--S 01'15" 0104 177 OK 03 06/06 12:1821083876393 EC--S 01'13" 004 177 OK 04 106/106 12: 20 ADA CTY DEUELMT G3--S 02' 14" 004 177 OK 105 106/06 12:23 CHERRY LANE EC--5 01'36" 004 177 OK 106 06/06 12:26 POST OFFICE EC--S 02'108" 004 177 OK 07 106/06 12:28 IDAHO ATHLETIC C EC--S 01'15" 004 177 OK 08 06/06 12:30 ID PRESS TRIBUNE EC--S 01'14" 004 177 OK 109 106/06 12:32 208 888 6700 EC--S 01'13" 0134 177 OK 10 06/06 12:38 2088840744 EC--5 01'12" 004 177 OK 11 106/06 12:40 208-888-5052 EC--S 01'13" 004 177 OK 12 06/06 12:44 3810160 EC--5 02'08" 0134 177 OK ?LW$e... PO~ .jt.y t'IIJ'.}lic. t'l.o-het..- rhMt~s( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 10, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd Cherie McCandless _ Mayor Robert Corrie- _ Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of May 13, 2003 Pre-Council Meeting: B. Findings of Fact and Conclusions of Law for Approval: CUP 03.018 Request for a Conditional Use Permitfor a bank with drive- thru in an I-L zone for Washington Trust Bank by Russ Wolfe _ south of East Presidential Drive and east of North Eagle Road: C. Findings of Fact and Conclusions of Law for Approval: MI 03- 008 Request for sales office I model home in an R-4 zone for Inqlenook Model Home by Inglenook Development - 2720 South Locust Grove Road: D. Findings of Fact and Conclusions of Law for Approval: VAC 03.002 Request to vacate existing easements in Crestwood Subdivision No, 1 by the plats of Havasu Creek Subdivision No.s 1, 2, and 3 by Farwest. LLC - west of North Locust Grove Road between West Uslick Road and West McMillan Road: E. Findings of Fact and Conclusions of Law for Approval: MI 03. 007 Request to construct a temporary private road for the construction of Phase 2 in C~G, R-40, and ~N zones for Fairview Lakes by Fairview Lakes, LLC - 824 East Fairview Avenue: Moridi.n City Council A;cod. -Juno lO, 2003 l'oL" I of4 All mal.,;.ls ptt><l1l<:d .tpublie tn<:ctings >lI.1l bocome propony onhe City ofMeridion. An}1lnc dosiring ~.mm.d~rion rordinbilirics r.wed 10 documCllU ..dloT h",,,ing ple~~ ..,n".lthe CityClctk'$ Office ~ 888--443) al lcasl48 hours prior to th. public meeting. ** TX CONFIRMRrION REPORT ** AS OF JUN 05 '03 .i4 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 21 05/05 11: 54 PUBLlC WORKS EC--S 01' 14" 004 177 OK 23 06/05 11: 57 12084654405 EC--S 01' 15" 004 177 OK 25 06/06 11: 59 8841159 EC--S 01' 14" 004 177 OK 25 05/05 12: 102 2088467366 EC--S 101' 15" 004 177 OK 27 06/06 12: 04 8985501 EC--S 101' 13" 004 177 OK 28 05/05 12:06 LIBRARY EC--S 01'36" 004 177 OK 29 06/06 12: 08 921083775449 EC--S 101' 13" 004 177 OK 30 05/05 12:09 208 388 6924 EC--S 101'36" 004 177 OK 31 06/05 12: 12 2088886854 EC--S 01' 13" 004 177 OK 32 06/06 12: 13 121084674538 EC--S 01 ' 13 tI 004 177 OK ----------------------~-----~~---~-~~---------------------------~--~~---------------~-~---~~ ?ltO$t. rpO~ fW <Pu..blic. no-b&..- rhMt~s! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 10, 2003 at 7:00 p.m. City Council Chambers 1. RolI-Gall Attendance: - Tammy de Weerd _ BiflNary - Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of May 13,2003 Pre-Council Meeting: S_ Findings of Fact and Conclusions of Law for Approval: CUP 03-018 Requestfor a Conditional Use Permitfor a bank with drive- thru in an I-L zone for Washinatoll Trust Bank by Russ Wolfe _ south of East Presidential Drive and east of North Eagle Road: C. Findings of Fact and Conclusions of law for Approval: M103. 008 Request for sales office I model home in an R-4 zone for In~19nook Model Home by Inglenook Development - 2720 South Locust Grove Road: D. Findings of Fact and Conclusions of Law for Approval: VAC 03-002 Request to vacate existing easements in Crestwood Subdivision No.1 by the plats of Havasu Creek Subdivision No.s 1, 2, and 3 by Farwest, LLC - west of North Locust Grove Road between West Ustick Road and West McMillan Road: E. Findings of Fact and Conclusions of Law for Approval: MI 03~ 007 Request to construct a temporary private road for lhe construction of Phase 2 in C-G. R-40, and C-N zones for Fairview ~ by Fairview Lakes, LLC - 824 East FailView Avenue: Meridi.n City Council A/:<I1da-June 10.2003 I'ogo 1 of4 All mum.ls prt<e1ll<<! lll>\lbfu: meelings shall become propaly ofllle City ofMcridian. An)one desiring :lCcommo~lion for dis:.bniries reh.td 10 doeumt'lll5 lndfOl' bearing pl..se conliellll. City Clerk's Offiec:u 888-4433 at 10;1$1 48 hout3 prior 10 Ihe public meeting. June 20, 2003 MERIDIAN C1TY COUNC1L MEETING APPLICANT REQUEST June 24, 2003 IT~M NO. Approve minutes of June 10, 2003 City Council Regular Meeting: 8~Gt 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: MERI DIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SElTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS ~ Date: Phone: Materials presented at public meetrngs shall become property of the City of Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 10,2003 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 May 13, 2003 Pre-Council Meeting: Approve B. Findings of Fact and Conclusions of Law for Approval; CUP 03-018 Request for a Conditional Use Permit for a bank with drive- thru in an I-L zone for Washinqton Trust Bank by Russ Wolfe - south of East Presidential Drive and east of North Eagle Road: Approve C. Findings of Fact and Conclusions of Law for Approval: M103- 008 Request for sales office / model home in an R-4 zone for Inglenook Model Home by Inglenook Development - 2720 South Locust Grove Road: Approve D. Findings of Fact and Conclusions of Law for Approval: VAC 03-002 Request to vacate existing easements in Crestwood Subdivision NO.1 by the plats of Havasu Creek Subdivision No.s 1, 2, and 3 by Farwest, LLC - west of North Locust Grove Road between West Ustick Road and West McMillan Road: Approve E. Findings of Fact and Conclusions of Law for Approval; MI 03- 007 Request to construct a temporary private road for the construction of Phase 2 in C-G, R-40, and C-N zones for Fairview Lakes by Fairview Lakes, LLC - 824 East Fairview Avenue: Approve Meridian City Council Agenda - June 10,2003 Page I of 5 All materials prescnted at public meetings shall become properly oflhe 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: CUP 03-014 Request for a Conditional Use Permit for a reduction of approved 192 unit apartment to 96 units and allow 55,000 square foot office park for Fairview Lakes by Fairview Lakes, LLC - 824 East Fairview Avenue: Approve G. Findings of Fact and Conclusions of Law for Approval: CUP 03-013 Request for a Conditional Use Permit to modify operational hours and change building placement from original approved CUP in a C-N zone for Cherry CrossinQ by Hawkins Companies - northwest corner of West Cherry Lane and North Linder Road: Approve H. Findings of Fact and Conclusions of Law for Approval: CUP 03-016 Request for a Conditional Use Permit for a craft store and coffeehouse in an O-T zone for The Library by Craig Rittenhouse - 141 East Carlton: Approve I. Findings of Fact and Conclusions of Law for Approval: CUP 03-019 Request for a Conditional Use Permit for the demolition of one of the two existing buildings and replacing with one new building for the same use - child care in a C-C zone for New Horizon Child Care by New Horizon Child Care - 1830 North Meridian Road: Approve J. Sewer and Water Main Easement for Krispy Kreme Subdivision: Approve K. Water Main Easement for Sanitary Services - north of West Franklin Road and west of North Linder Road: Approve L. Sewer and Water Main Easement for Sundance Subdivision No.2; Approve M. Sewer and Water Main Easement for Bridgetower Crossing Subdivision No.3: Approve N. Streetlight Agreement for Sutherland Farms Subdivision No.1: Approve O. Streetlight Agreement for Meadowlake Village (aka Touchmark Subdivision): Approve P. Streetlight Agreement for Lochsa Falls Subdivision No.1: Approve Meridian City Council Agenda -June 10,2003 Page 2 of5 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. Q. Streetlight Agreement for Lochsa Falls Subdivision No.2: Approve R. Streetlight Agreement for Lochsa Falls Subdivision No.3: Approve S. Stellar Technologies, LLC, Agreement - Installation of anaerobic wastewater treatment apparatus: Approve 4. Department Reports: A. Meridian Police Department; 1. Discussion of Grant Award with Cpt. Bill Musser: Presented B. Public Works Department; 1. Discussion of Observation Point Subdivision Exception to Final Plat Notes Regarding Lot 2, Block 2: Set Public Hearing C. Planning and Zoning Department: 1. Software Information 5. (Items Moved from Consent Agenda); None 6. FP 03-031 Request for Final Plat approval of 55 building lots and 6 other Jots on 19.71 acres in an R-4 zone for Cobre Basin Subdivision No.2 by Havasu Creek, LLC - south of East McMillan Road and east of North Meridian Road: Approve 7. FP 03-032 Request for Final Plat approval of 37 building lots and 2 other lots on 9.48 acres in an R-8(PD) zone for Quenzer Commons Subdivision No.2 by Brighton Development Company, LLC - west of North Locust Grove Road and north of East Ustick Road: Approve 8. TE 03-005 Request for a one year Time Extension to record the Final Plat and Variance for Intermountain Outdoor Sports Subdivision by Gerry Sweet - 1375 East Fairview Avenue: Approve 9. Continued Public Hearing from May 13, 2003: Dust Abatement Ordinance: Continue Public Hearing to July 15, 2003 Meeting Meridian City Council Agenda - June 10,2003 Page 3 or 5 All materials presented at public mectings shall become property or the City of Mcndian, 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, 10. Continued Public Hearing from May 27, 2003: CUP 03-015 Request for a Conditional Use Permit to add a heliport with office and fueling - future landing pad and hanger on southeast corner of property in an L-O zone for 51. Luke's Meridian Medical Center by S1. Luke's Regional Medical Center - east of South Eagle Road and north of 1-84: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 11. Continued Public Hearing from June 3, 2003; CUP 03~011 Request for a Conditional Use Permit for two 9,500 square foot retail buildings with associated site improvements in an L-O zone for Resolution Subdivision by G.L. Voigt Development - 1611 South Millennium Way and 2045 West Overland Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 12. Continued Public Hearing from June 3, 2003; RZ 03-006 Request for a Rezone of 3.41 acres from R-4 to R-8 zones for Bear Creek No.6 by Westpark Company - west of South Meridian Road and south of West Overland Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 13. Continued Public Hearing from June 3, 2003; PP 03-005 Request for Preliminary Plat approval of 31 building lots and 2 other lots on 10.49 acres in a proposed R-8 zone for Bear Creek No.6 by Bear Creek, LLC - west of South Meridian Road and south of West Overland Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 14. Public Hearing: VAR 03-015 Request for a Variance for block length in an R-4 and R-8 zone for Bear Creek No.6 by Bear Creek, LLC - west of South Meridian Road and south of West Overland Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: AZ 03-002 Request for annexation and zoning of 19.79 acres from RUT to C-G zones for Callister Development by Dave Callister - southwest corner of West Overland Road and South Stoddard Road: Continue Public Hearing to June 24,2003 Meeting 16. Public Hearing: CUP 03-001 Request for a Conditional Use Permit for a contractor's yard for an excavation company and mini-storage facilities on 5.91 acres for Callister Development by Dave Callister - southwest corner of West Overland Road and South Stoddard Road: Continue Public Hearing to June 24, 2003 Meeting 17. Public Hearing; CPA 03-001 Request for a Comprehensive Plan Amendment to change approximately 12.25 acres of the site from mixed- use-neighborhood to commercial for Callister Development by Dave Meridian City Council Agenda - June 10,2003 Page 4 of 5 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 Ofrice at 88&-4433 at least 48 hours prior to the public meeting. Callister - southwest corner of West Overland Road and South Stoddard Road: Continue Public Hearing to June 24,2003 Meeting 18. Update of The Lakes at Cherry Lane No.9: Meridian City Council Agenda - June 10,2003 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting June 10,2003 The Regular Meeting of the Meridian City Council was called to order at 7:10 P.M., on Tuesday, June 10,2003, by Mayor Robert Corrie. Members Present: Mayor Robert Corrie, William Nary, Tammy de Weerd, Cherie McCandless, and Keith Bird. Others Present: William Nichols, Brad Watson, Brad Hawkins-Clark, Anna Powell, Bill Musser, 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: We will now go into the Regular City Council Meeting on Tuesday, June 10, 2003, at 7:10 P.M. and at this time I'd like to have the City Clerk have roll call, please. Item 2. Adoption of the Agenda: Corrie: Okay. Thank you. I'd invite everybody that's here tonight to say thank you and we will go right on through this and maybe get you out before 10:00. We will shoot for that. All right. Council, the second item on the agenda is adoption of the agenda. We do have an addition on Item Number 4, Department Reports, as Item C needs to be added for Planning and Zoning Director's report. Are there any other corrections or addition? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Probably just in case there was anyone for the Pu blic Hearing on Items 15, 16 and 17, just to note that there has been a request for a continuance -- and I don't know if there is anyone here for that. Since, potentially, we will continue it, I don't want them to sit here for the whole meeting until we got to that, so -- other than that, I don't have any other requested changes. Corrie: Okay. Thank you. Okay. Then, I will entertain a motion to adopt the revised agenda. Bird: So moved. McCandless: Second. Meridian City Council Meeting June 10, 2003 Page 2 of 41 Corrie: Motion has been made and seconded to adopt the revised agenda. All those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 3. Consent Agenda: A. Approve minutes of May 13, 2003 Pre-Council Meeting: B. Findings of Fact and Conclusions of Law for Approval: CUP 03-018 Request for a Conditional Use Permit for a bank with drive-thru in an I-L zone for Washinqton Trust Bank by Russ Wolfe - south of East Presidential Drive and east of North Eagle Road: C. Findings of Fact and Conclusions of Law for Approval; MI 03- 008 Request for sales office / model home in an R-4 zone for Im:Jlenook Model Home by Inglenook Development - 2720 South Locust Grove Road: D. Findings of Fact and Conclusions of Law for Approval; V AC 03-002 Request to vacate existing easements in Crestwood Subdivision No. 1 by the plats of Havasu Creek Subdivision No.s 1, 2, and 3 by Farwest, LLC - west of North Locust Grove Road between West Ustick Road and West McMillan Road: E. Findings of Fact and Conclusions of Law for Approval: M103- 007 Request to construct a temporary private road for the construction of Phase 2 in C-G, R-40, and C-N zones for Fairview Lakes by Fairview Lakes, LLC - 824 East Fairview Avenue: F. Findings of Fact and Conclusions of Law for Approval: CUP 03-014 Request for a Conditional Use Permit for a reduction of approved 192 unit apartment to 96 units and allow 55,000 square foot office park for Fairview Lakes by Fairview Lakes, LLC - 824 East Fairview Avenue: G. Findings of Fact and Conclusions of Law for Approval: CUP 03-013 Request for a Conditional Use Permit to modify operational hours and change building placement from original approved CUP in a C-N zone for Cherry Crossinq by Hawkins Companies - northwest corner of West Cherry Lane and North Linder Road: H. Findings of Fact and Conclusions of Law for Approval: CUP 03-016 Request for a Conditional Use Permit for a craft store and Meridian City Council Meeling June 10, 2003 Page 3 of 41 coffeehouse in an 0- T zone for The Library by Craig Rittenhouse - 141 East Carlton: I. Findings of Fact and Conclusions of Law for Approval: CUP 03-019 Request for a Conditional Use Permit for the demolition of one of the two existing buildings and replacing with one new building for the same use - child care in a C-C zone for New Horizon Child Care by New Horizon Child Care - 1830 North Meridian Road: J. Sewer and Water Main Easement for Krispy Kreme Subdivision: K. Water Main Easement for Sanitary Services - north of West Franklin Road and west of North Linder Road: L. Sewer and Water Main Easement for Sundance Subdivision No.2: M. Sewer and Water Main Easement for Bridgetower Crossing Subdivision No.3: N. Streetlight Agreement for Sutherland Farms Subdivision No.1: O. Streetlight Agreement for Meadow Lake Village (aka Touchmark Subdivision); P. Streetlight Agreement for Lochsa Falls Subdivision No.1: Q. Streetlight Agreement for Lochsa Falls Subdivision No.2: R. Streetlight Agreement for Lochsa Falls Subdivision No.3: S. Stellar Technologies, LLC, Agreement - Installation of anaerobic wastewater treatment apparatus: Corrie: Item Number 3 is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. Nary: Second. Meridian City Council Meeting June 10,2003 Page 4 of 41 Corrie: Motion has been made and seconded to approve the Consent Agenda, any further discussion? Hearing none, roll call vote. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Adopt the Consent Agenda. MOTION CARRIED: ALL AYES Item 4. Department Reports: A. Meridian Police Department; 1. Discussion of Grant Award with Cpt. Bill Musser: Corrie: Item Number 4 is Department Reports. The first is the Police Department, Meridian Police Department discussion of grant award. Captain Bill Musser, so Mr. Musser. Excuse me. Captain Musser. Musser: Mr. Mayor, Members of the Council, what I have brought to you this evening and passed out earlier, are copies on a grant award the Police Department has managed to secure in the sum of 256,500 dollars. This aware is through the Federal Government and basically administered out to the Idaho State Police on it. What I'd like to do is just to have the Council and Mayor be able to review this and possibly have it for consideration next week as to whether or not it's something that the Council would like to pursue and authorize the Mayor to sign on to continue with. At the backside of the grant award notice, there is also an abstract which I completed in reference to this project, it's entitled Project Safe Neighborhood Grant Proposal Abstract. It, basically, outlines what we are looking to do with this grant, which basically is a two prong approach for gun violence reduction in terms of firearm safety and awareness and prevention for teenage suicides involving firearms, as well as victimization interdiction utilizing Boys and Girl Clubs of Ada County to help prevent juvenile victimization and to stop any further victimization of the juveniles that have already encountered it. Basically, the overall concept revolves around having a crime prevention specialist position, coupled with that of another elementary school resource officer position, and we are hoping to partner on this fully with the school district, with St. Luke's Hospital Meridian, with the Boys and Girls Club of Ada County. Then, we are also looking for assessment evaluation towards the end of this two-year grant program with Boise State University Criminal Justice Department helping us out with the evaluation on the program. I guess a couple of other things that I did want to note in reference to the main grant award sheet signed by the director of law enforcement. It does note that the dates on this run October 1st -- or, excuse me, October 1, 2003 through September 30, 2006. I did circle that. That should be '05. They made a typographical error and there are new originals coming over from the director's office with the correct dates on it. It is only a two-year grant it is not a three-year one. We do have limited match on this. It Meridian City Council Meeting June 10, 2003 Page 5 of 41 didn't have a match requirement. However, there are certain things that were excluded, so we would have about, if I remember correctly, 5,875 dollars that the city would have to commit to and that amount would also continue through in about the same amount for the second year. Then, there was one other error that we had as we get into the -- into the budget report that was submitted to the state when we first broke this down. Originally, we had 6,000 dollars in equipment and that would be capital and there is a -- there are two of the city budget breakdown sheets that are attached to your packets those do have the correct figures on it. It should be only a title of 5,000 for that capital. There was a reduction of 1,000 dollars in there as it went through all of this and, other than that, I hope that you would entertain the information we have provided for you and we can deal with your questions now or next week as well on it after you have had a chance to consider this. Corrie: Okay. Thank you, Bill. Any questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary; Bill, I didn't notice in the information, but is there a deadline here that we need to keep at the forefront here? I mean I don't see a problem with it, but J didn't know if there was a deadline that we need to kind of make on -- Musser: The deadline we have is technically by the end of this month. However, they are aware that they did make an error on the cover sheet and we can't really sign that improper cover sheet or one that has errors on it, so that gives us a little bit of an extension here. We would like to kind of try to pursue it as soon as possible on it, but, again, I leave that to the Council and Mayor's pleasure on that. Nary: Thank you. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: This is another reason to have a Monday meeting. Corrie: Just add that to that Monday Meeting. Okay. We will add that to the meeting Monday, the 16th. It will be a short meeting, very short specific meeting, and we will not be having Council Tuesday night, because we will all be in Coeur d'Alene, so -- when is the Chief coming back, Bill? Musser: He will be back in on the 16th. Mayor: Okay. Meridian City Council Meeting June 10, 2003 Page 6 of 41 Musser: You and I and him have a 10:00 meeting. Corrie: That's right. How I forget. Okay, any other questions of Sill at this time? Bird: I have none. B. Public Works Department: 1. Discussion of Observation Point Subdivision Exception to Final Plat Notes Regarding Lot 2, Block 2: Corrie: Next is the Public Works Department, discussion on the Observation Point Subdivision exception to Final Plat notes regarding Lot 2, Block 2. Brad. Watson: Thank you, Mr. Mayor and Council Members. This is a somewhat unusual issue, just a little background on it. There is a lot in Observation Point, the southwest corner, it's south of the Ridenbaugh Canal, and when it was recorded one of the plat notes stated that no Building Permit could be issued on that lot. The reason for that, if you have read this memo, hopefully, that gives you a little background on it -- there was no sanitary sewer service to it without a lift station and that's how that got in there. Elliott Sheffield of R.F. Custom Homes, I believe, is representing Victory 41, the developer, who is hoping to simply replace the existing house that is on that lot. It is, evidently, a caretaker's house and that's what it would continue as. They have proposed a -- I think about a 1,150 square foot replacement house. The other plat note that is a bit troublesome is that it requires a minimum -- let me see -- 2,100 square feet house in that subdivision. I spoke with Mr. Nichols about this and I guess this is at least our initial step in getting it before Council. I could see no other way to interpret that plat note or those plat notes in order to issue a Building Permit. I haven't met Mr. Sheffield I have only talked to him on the phone. Well, he's here, evidently. He could probably answer any additional questions you might have, but I'm here, too, if you have any for me. Corrie: Okay. Nichols: Mr. Mayor, Members of the Council, one of the reasons for bringing this in front of you is to look back at what was in the intent of the Council when the plat note was placed on that particular lot. It's a very large lot and I think there was some consideration that it might be further subdivided or might be a commercial use or might be some other use. You didn't want to have a bunch of houses on there that couldn't be sewered and you didn't want to have a commercial use on there that couldn't be sewered, so the request has come, as it did outside of what at least was contemplated for that lot at the time that that subdivision was approved. That's why it's at least for your discussion to see how you want staff to handle it. The proposal would be that the house would be connected to city water it's just that they would maintain their septic system. I think that one compromise might be that so long as it's owned by the current Meridian City Council Meeting June 10, 2003 Page 7 of 41 owner that the septic system could continue, that sort of thing. It would be an exception to the existing ordinance. Corrie: Okay. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Yes. I just had a question for Mr. Nichols. For the plat note, what they are asking for is, essentially, an amendment or an exception to the plat note. Would we need to have a hearing about that, so that we can provide adequate notice and -- I guess I just can't remember what process we -- Nichols: Councilman Nary, Members of the Council, I think that's what we have done, we have got one that will come before you on Packard Subdivision NO.2 to remove a plat note. This is likely not one that will generate any public interest, but it's preservation and integrity of process, but we didn't even want to go there if it was the kind of thing where we said, well, there is no sense in entertaining the issue. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: It seems to me I recall some of that was also in question as the sewer capabilities and I think some additional work was done by the developer to bring more capacity on line is that correct, Brad? I'm relying on my memory on that one. Watson: Council Member de Weerd, Mayor, and Council Members, that's kind of a yes and no answer to your question. They changed from their original concept of serving that whole subdivision by gravity sewer, sort of in midstream, because they would have had some sewer that was over 30 feet deep. We talked with them they, eventually, installed a lift station east of the Ridenbaugh Canal. Conceivably, this particular lot could be sewered to that lift station, but it would -- it would involve a bore under that canal and be quite expensive. This particular piece of property, this lot, is designated on our master plan to go into the future Black Cat Trunk to the west. We don't really want it going over to that lift station anyway, but -- De Weerd: It seems what our attorney has given us an option on sounds very reasonable. I don't have any problem with it. Nary: Mr. Mayor? Corrie: Mr. Nary. Meridian City Council Meeting June 10,2003 Page 8 of 41 Nary: Yes. I guess the only other thing I would like to -- I'd like to at least make sure there isn't any objection to that, so perhaps some type of notice or something like that -- because I don't -- I guess those neighbors across the canal, I guess if they have some concerns -- I don't know what it would be, but some notice, so they have some opportunity to be heard before we simply amend it, I think that would make the most sense to me. At least we are covered, so that later on somebody can't come back and say we didn't know it and -- otherwise, I don't think have any problem with it. Corrie: Well, then, we can put it on the agenda. Okay. Do you have anything that you'd like to say on that? Sheffield: No, sir, I don't have anything in particular, but if you have any questions I would be glad try to answer them. Corrie: Usually, we have you come up here and talk up here, so that we get it on the record. Sheffield: I don't have anything in particular to add to that, but if there were any questions or concerns, I would be happy to try to clarify anything. Corrie: Okay, your name and address just for the record. Sheffield: My name is Elliott Sheffield. Address is 1872 North Haven Cove. Corrie: All right. Thank you. Okay. Then, we will notice that in the change. C. Planning and Zoning Report. Corrie: Okay. Item C was added, Planning and Zoning Report. Anna. Powell: Mr. Mayor, Members of the Council, I will be brief. Sorry to put this on at the last moment, but I wanted to get this out to you before you attend the AIC Conference, because I think a lot of your counterparts throughout the county heard -- will be hearing about this and may question you about it, so that's why I want to get it out to you. This was a presentation done yesterday, it was organized by Ada County Development Services, and this fellow came in and talked about this piece of software. They are a nonprofit corporation that has developed this and it runs on top of Arc View, which is the database -- geographic information data base that everyone in the county is using currently. It kind of sits on top of that and it's really a planning tool. It does three main things. It's a scenario constructor, so if you've got kind of different scenarios of development, say a North Meridian Area Plan versus the existing Comprehensive Plan, it can compare how those two would affect public service extensions, how it might impact school development, how it would affect just the overall density of the area. Depending on the input that you have in that model -- and it's set up for easy input of those parameters, then, you can compare those alternatives really quite easily. It was n it was almost too good to be true. I kept on trying to figure out what the flaw was. The Meridian City Council Meeting June 10, 2003 Page 9 of 41 other thing it does is it's a policy simulator, which can help to forecast the different affects, so like if the policy was -- right now, it's eight units per acre minimum within the neighborhood centers. We wanted to increase that to 15 units per acre, again, it could show you the affects of that policy or if you want to say something in regards to the sewer and water lines and how that may affect it. Now, it can't model like the Public Works Department does, but it gives just, for planning purposes, really gross modeling of how those projects may affect. That would be the other thing you can go to the specific project that people give and some -- if you gave them the layer standards for an auto cad drawing. Then, we could import those directly in, so that when a subdivision came in, we could, basically, pull it right into this program and show how it would impact the city. The last thing it can do is to help you do a 3-D imaging for a specific area and, in particular, like a downtown area, you can go in and put model frames, so that as you are looking for design standards downtown, you may say, okay, we want two stories minimum. Then, you can step back and go up additional stories and you can add those wire frame buildings in fairly easily and, then, it will do a fly by or a drive by of that simulation. It, really, is just an analytical tool. It's only as good as the information we put into it and the great thing about it is that you don't have to just put one number in it and leave it that way. If people say, okay, we want to preserve prime farmland, you can put that and make that input at a Public Hearing on for like a comprehensive plan and see how it affects the plan right, then, and there. You don't have to go away for two weeks and, then, come back with the results so it's very immediate. There is training for staff available. It was cheap relatively to other things that deal with Arc View. He was talking seven or 800 bucks for a couple days of training versus, you know, a couple thousand dollars. The software itself was not very expensive. It goes -- it ranges from 1,000 dollars for universities per computer that it sits on, up to 5,000 dollars for land use consultants. I think Ada County said that theirs would be looking at about 3,000 dollars per computer that it was installed on. Again, relative to Arc View, it's quite inexpensive. The reasons for that is because it's a nonprofit organization that's committed to helping smaller cities develop good communities, is basically their goal. They did provide us with a DVD. It's not a CD that you can run on most computers around here. It's -- but there is a DVD that we can give to you if you want to look at it. They also have a website, which is www.communityviz.com. which is probably in that information I gave you. That's a copy of their brochure. Again, the reason I wanted to bring this up tonight is that two of the Ada County Commissioners were at this presentation and were quite excited about it. I do believe Ada County is looking at it, Susan Eastlake from ACHO was there and was quite excited about it, and also Maryann Jordan from the Boise City Council was there and had, actually, talked to me about kind of wouldn't it be exciting if everybody got this software all at the same time. I did want you to know that it was out there if somebody starts asking you about it. We will be looking into it further and trying to budget for it if possible, because it does [oak like an exciting planning opportunity and the ability to keep some of our consulting money and do those projects ourselves, rather than hiring a consultant to do some of that for us. Corrie: Very good. Thank you, Anna. Appreciate that heads up. I'm sure we will hear about it. All right. Thank you, any questions, Council? Okay. Thank you. Meridian City Council Meeting June 10, 2003 Page 10 of 41 Item 5. (Items Moved from Consent Agenda) Corrie: Item Number 5 is items moved from Consent Agenda. We have none. Item 6. FP 03-031 Request for Final Plat approval of 55 building lots and 6 other lots on 19.71 acres in an R-4 zone for Cobre Basin Subdivision No.2 by Havasu Creek, LLC - south of East McMillan Road and east of North Meridian Road: Corrie: So I'd go to Item Number 6. Excuse me. This is a Final Plat approval of 55 building lots and six other lots on 19.71 acres in an R-4 zone for Cobre Basin Subdivision NO.2 by Havasu Creek, LLC. We will first have staff comments. Powell: Mr. Mayor, Members of the Council, staff is recommending approval of this Final Plat as being consistent with the Preliminary Plat approved for Havasu Creek. It is located in this area right here. As you know, there has been Cobre Basin plats coming down this way and, then, Havasu Creek plats coming this way and it is kind of converged in this corner back here to the west and this portion at the south is still to be developed. Staff only has one change to the conditions of approval and that's on Item Number 20 regarding plat note Number 10 that should -- that note should be deleted completely. There was no Development Agreement with this Preliminary Plat, so that note is inappropriate. You will find a letter from the applicant agreeing to all the conditions of approval, including that change I just noted. Corrie: Thank you, Anna, any questions of staff? Bird: I have none. Corrie: Is the applicant here tonight? Yes. Just ask you the question if you have any other statements to make? Okay. All right, any questions from Council? Hearing none, I'II entertain a motion, then, on the request for Final Plat approval. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we approve the request for Final Plat approval of 55 building lots and six other lots on 19.71 acres in an R-4 zone for Cobre Basin Subdivision NO.2 by Havasu Creek, LLC. South of East McMillan Road and east of North Meridian Road, and to implement all staff comments and testimony here and for the attorney to draw up the proper papers. McCandless: Second. Corrie: Okay. Motion has been made and seconded for the approval of the request for Final Plat FP 03-031, any further discussion? Hearing none, roll call vote, please. Meridian City Council Meeling June 10, 2003 Page 11 of 41 Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES Item 7. FP 03-032 Request for Final Plat approval of 37 building lots and 2 other lots on 9.48 acres in an R-8 (PO) zone for Quenzer Commons Subdivision No.2 by Brighton Development Company, LLC - west of North Locust Grove Road and north of East Ustick Road: Corrie: Item Number 7 is FP 03-032, request for Final Plat approval of 37 building lots and two other lots on 9.48 acres in an R-8 PO zone for Quenzer Commons Subdivision NO.2 by Brighton Development Company. Staff. Powell: Mr. Mayor, Members of the Council, again, we are recommending approval of this Final Plat as being consistent with Preliminary Plat approval for Quenzer Commons, also known as Heritage Commons. The project is in this area right here. It's nestled up to this curb right here and goes down to about there. This is an open space lot with those other residential lots that were platted, nestled in right there. The proposed Final Plat is consistent with the Preliminary Plat and staff did have a couple changes to the conditions of approval. On Item Number 6 where it says, add a note to the face of the plat showing minimum residential house size for this development is 1,001 square feet it should be 1,101 square feet. On the second bulleted item, we are asking that you add reference to the recorded Development Agreement. This would make it consistent with Quenzer Commons Subdivision NO.3 that we went through last week. We had asked them to do a -- also note the instrument number, as well as the Conditional Use Permit number and, likewise, similar to Quenzer Commons Subdivision No.3, which you approved last week, we are asking that on plat note -- or on condition of approval number ten you add a statement that if decorative street lighting is proposed, the applicant shall enter into a streetlight agreement with the city. Corrie: Okay, any further questions of staff? Is the applicant here this evening? Davies: We have no comments for -- Corrie: Name and address, please, just for the record. Davies: Yes. Jason Davies with Engineering Northwest. Corrie: Okay. Fine. Thank you. Okay. Council, do you have any other questions? Hearing none, then, I will entertain a motion on the request for Final Plat approval of Quenzer Commons Subdivision NO.2. De Weerd: Mr. Mayor? Meridian City Council Meeting June 10,2003 Page 12 of 41 Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Final Plat of 37 building lots and two other lots on 9.48 acres in an R-8 PO zone for Quenzer Commons Subdivision No.2, with -- to include all staff comments with the changes noted as well to Item Number 6, noting the change from -- or to 1,101 square feet. Also, reference to the recorded instrument number and, on Number 10, the added statement regarding streetlights. Ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order. Nary: Second. Corrie: Okay. Motion has been made and seconded to approve the request for Final Plat approval on Final Plat 03-032, 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 for the Final Plat approval is approved. MOTION CARRIED: ALL AYES Item 8. TE 03-005 Request for a one year Time Extension to record the Final Plat and Variance for Intermountain Outdoor Sports Subdivision by Gerry Sweet - 1375 East FaiNiew Avenue: Corrie: Item Number 8. This is TE 03-005, request for a one-year Time Extension to the recording of the Final Plat and Variance of the Intermountain Outdoor Sports Subdivision by Gerry Sweet, 1375 East FaiNiew Avenue. Staff comments. Powell: Mr. Mayor, Members of the Council, the applicant, as you know, has closed business at this location and has -- did not pursue the plat at this time, but he has indicated that he does have an interested buyer that would like to keep that plat option open, so he has requested the Time Extension. j do want to point out that the Time Extension is just for the plat, not for the Variance. The Variance does run with the land, so -- Corrie: Thank you, Anna, any questions of staff? Is the applicant or representative here this evening? Don't see Gerry, so -- okay. I'll entertain a motion on the request for a one-year Time Extension. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting June 10.2003 Page 13 of 41 Bird: I would move we approve the request for a one-year Time Extension to record the Final Plat Variance for Intermountain Outdoor Sports Subdivision by Gerry Sweet, 1375 East Fairview Avenue and the extension goes to July 1 st, 2004. McCandless: Second. Corrie: Motion has been made and seconded to approve request for Time Extension, any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think the request is to June 4,2004. Bird: June 4th? Nary: Yes. Bird: Okay. June 4,2004. That's fine with me. Corrie: Okay with the second? McCandless: Okay. Corrie: Okay, any other discussion? Roll call vote, please. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion approved. MOTION CARRIED: ALL AYES Item 9. Continued Public Hearing from May 13, 2003: Dust Abatement Ordinance; Corrie: Item Number 9 is a Continued Public Hearing from May 13, 2003, Dust Abatement Ordinance. At this time I will continue the Public Hearing and ask staff comments first. Powell: It makes me laugh every time I see that. Mr. Mayor, Members of the Council, this was a continued hearing. Brad presented a rather lengthy staff report, so I'm not going to go into details. Just to remind you that the discussion centered around -- one was enforcement and, two, kind of what were the other communities and the county doing or what was COMPASS doing and how did we relate to that. We contacted June Ramsdell, who is with COMPASS, Community Planning Association, and right now, Meridian City Council Meeting June 10,2003 Page 14 of 41 they have no time frame for presenting any sort of valley wide covered load ordinance, which was one of the provisions in this -- in this ordinance. The fact that we were opting out of participation in the MTDES or the MS-4, we were not an MS-4 community, means that there is no federal mandate to control track-out control provisions and that was another kind of component of that ordinance. Then, therefore, the code is not needed to meet guidelines set by the federal government, those three groups that signed the letter in your packet, ACAR, AGC, and BCA, have stated that they will not support the ordinance. Finally, there is little support from COMPASS at this point for this, because it doesn't have the teeth that they'd like to see, even though they are not pursuing their own air quality ordinances or Dust Abatement Ordinances, they felt like they couldn't give a whole lot of backing to ours. We are at this point, where we haven't got much support and we know we are going to have opposition from the developers, the building community, as well as the real estate community concerning the stock piling and grading portions of the proposed ordinance. Because it's not needed to meet any federal guidelines so, there is your update on how it complies. Corrie: Okay. Okay, any questions of staff? Anna is there anyone from the public that would like to issue testimony at this time? Okay. Hearing none, Council, any comments on what you want to do on the record? Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I just want to remind the Council that this whole issue came before the Council at COMPASS's urging. I mean they put out a draft Dust Abatement Ordinance, which didn't make sense -- I mean it didn't work and Mr. McKinnon, in particular, spent a lot of time trying come up with something that might work in Meridian. It's -- just to refresh your memory, that this whole thing was placed on staffs agenda for drafting because of some things that were issued by COMPASS, which at the time there was great urgency on their part, just a little historical background. Corrie: I think the record should show that I have a meeting Monday and we are going to discuss that. Okay, any other discussion on the Public Hearing? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I believe that we are going to -- you know, I realize that we can't pass the Abatement Ordinance now, but I feel that -- the agreement that we got to have one countywide, that -- we got to have one that's countywide that we - everything. All the entities live under the same rules, because -- to be fair to your developers and your builders and stuff. J would -- I would move that we continue this Public Hearing to July 15, 2004 -- or 2003. Man, J'm getting a year older fast here, aren't I? Corrie: And I wrote down 2005. I really want to stretch it out. Okay. Do I hear a second? Meridian City Council Meeting June 10, 2003 Page 15 of 41 Nary: Second. Corrie: Okay. Motion has been made and seconded to continue this Public Hearing on the Dust Abatement Ordinance until July 15, 2003, any further discussion? All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 10. Continued Public Hearing from May 27, 2003: CUP 03-015 Request for a Conditional Use Permit to add a heliport with office and fueling - future landing pad and hanger on southeast corner of property in an L-Q zone for St. Luke's Meridian Medical Center by St. Luke's Regional Medical Center - east of South Eagle Road and north of 1-84: Corrie: Item Number 10 is a Continued Public Hearing from May 27,2003. Powell: Mr. Mayor, just to make sure, I didn't hear any direction for staff. Are we just tabling it until you can talk to Compass? Okay. Corrie: I would like to, yes. Powell: Okay. Corrie: Is that the motion? Bird: Yes. Corrie: Okay. Thank you. All right. This is a Continued Public Hearing on CUP 03- 015, a request for a Conditional Use Permit to add a heliport with office and fuel and future landing pad and hangar on the southeast corner of the property in an L-O zone for St. Luke's Meridian Medical Center by S1. Luke's Regional Medical Center. At this time, I will continue the Public Hearing. Staff. Powell: Mr. Mayor, Members of the Council, I feel like I'm the only one talking tonight. Corrie: You're the only one at the table. Powell: This is another Continued Public Hearing. There are some questions related to the location of the helipad relative -- or heliport relative to some of the existing residences on the south side of 1-84. The project is located in this general area over here next to the Touchmark Development here. There are the elevations of the proposed building where the -- the pilots would sleep. Have a little office. Again, there it is relative to the overall site. This is a new drawing that should have been provided -- I believe the applicant provided to you, so it's in your packet or on your CD. And what this shows is the need to have the heliport in this -- in this corner of the property. Apparently, there is a restriction of them flying actually over the intersection, the Meridian City Council Meeting June 10, 2003 Page 16 of 41 overpass at this location, it shows that they -- you know, they have to come in after that overpass. This is one flight possibility. The other comes through this way. Then, leaves out that way. They are kind of limited on -- because of the overpass, they are limited in there -- the area that can be used, so that it's the -- it would seem to be the most suitable location for them. They have also provided additional -- make sure I haven't got anything else here -- additional documentation on the noise level of the helicopter and it is rated quite low. The average noise level is about -- between 81 to 89 decibels, I believe, which -- just to give you an example of this also, is not much louder than your garbage disposal or your lawnmower. Because of the design of the helicopter, it really has diminished the noise level and I think they have also provided information to you on this. This is the model that they used to fly in and out of the Grand Canyon, just because it is so quiet. I'll let them defend themselves more. Corrie: Thank you, Anna. Powell: They did make an effort to come and talk to me just after our last hearing, so they have been in contact. Corrie: This is a Continued Public Hearing. Jeff, did you have any comments? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Hall: Yes, it is. Corrie: Name and address, please. Hall: Jeff Hall, Director of Architecture and construction for St. Luke's, 520 South Eagle Road. Mr. Mayor and Council Members, we are before you again tonight, as you requested at the last Public Hearing. I hope you received a packet that -- well, last week, that should have included some of the things Anna referred to, the Heli-Ops article, kind of some background data on various decibel ratings of things commonly found in our environment to give you some things to compare to. A little deal from the League of Hearing that basically says that the sound barriers for a helicopter because of the way it comes in and goes out really aren't effective like they are for roadways and such, as we kind of discussed at the last meeting. Item 4 is a commitment from 31. Luke's that we will only fly up and down the interstate to approach this heliport and we will require any other helicopter ambulance services that would wish to access this to do the same and record that letter with the FAA. You should have received via e-mail, I believe, a letter from Mr. Steve Lord, who is a member of the East End Neighborhood Association I believe he is the chair and president. Due to the short time frame, he was unable to add this to a board agenda item. They didn't have a meeting -- they couldn't pull a meeting together, so his letter does explain just personal experiences, but it does not represent the board. I just wanted to make sure you understood that. Just one clarification on what Anna presented. I apparently mis-communicated to her a little bit. The simple graphic that shows we are flying up and down the interstate and shows the helicopter and roof tops, we aren't restricted from flying over the intersection. There are Meridian City Council Meeting June 10, 2003 Page 17 of 41 a lot of encumbrances there, you think of all the vertical elements of an intersection, the intensive lighting, the traffic signals, et cetera, really, much prefer and will fly up and down the [-84 right of way until we get to the appropriate height. We also have here with us tonight the co-authors of this cover letter you received, Mr. Mike McGrane, he's the director of our Air 8t. Luke's program and he could answer any further questions specific to that business and flight volumes and such we discussed last time. Additionally, we have Mr. Larry Kelly, who is the president of Idaho Helicopters, Incorporated. I believe he's also a helicopter pilot. He's the gentleman who pretty much gathered all the helicopter noise data and resources there and he can expand upon any of that if you wish. With that I'd offer myself to answer any questions or, if you wish to speak to those more experienced helicopter experts, they are here. Corrie: Council, any questions? Bird: I have none. Corrie: Thank you, Jeff. Is there anyone else in the public that would like to issue testimony at this time? Yes, sir. Is the testimony you are about to give the truth, the whole truth, so help you God? Rogers: Yes, it is. Corrie: Okay. Your name and address, please Rogers: Jim Rogers, 1115 Rolling Hills Drive, Meridian, Idaho. Corrie: Okay. Jim, it will be new testimony. Rogers: Okay. I also have a written copy of the statement I'd like to present to the city clerk for inclusion in the record, if I may. Mr. Mayor, Council Members, the affect of helicopter noise impact on the urban environment has been well studied and documented. A search of the Internet indicates there are thousands of hits concerning this issue. Most indicate noise has adverse affects on health, learning ability, and general welfare of the public. Noise from helicopter activities in an urban area is the number two-rated complaint in many cities that have significant helicopter operations. I have provided several of these Internet documents to the City Clerk's Office last week for this meeting. I hope you have had the opportunity to read over at least part of them. In no case was I able to locate anything on the Internet concerning helicopter noise that stated no one in an urban environment welcomed helicopter noise over or around their homes. Helicopters have no minimum altitude requirements in route, other than maintaining a safe clearance from obstruction on the ground and maintain safe clearances from other aircraft. During landing and take-off there are no minimum altitudes and the choice of landing and approach direction for helicopters not using established airports is largely left to the pilot, who is responsible for the safe operation of the aircraft. However, since the projected approach to 81. Luke's is in an already established instrument and approach route for the Boise helicopter -- or to the Boise Meridian City Council Meeting June 10,2003 Page 18 of 41 airport, helicopters will be required to fly below the minimum glide slope, which, in most cases, if they approach S1. Luke's from the southeast, flying to the southwest, will place them approximately 200 feet over the homes in the Rolling Hills Subdivision, the homes that are located on that north side of the subdivision near the freeway. S1. Luke's states they will use the freeway as their approach and take-off routes. However, to my knowledge, they have not furnished for review a copy of their application to the FAA showing approach and take-off routes, nor have they furnished an approval from the FAA showing that these routes have been approved. Many of the homes in the Rolling Hills Subdivision keep livestock on their properties. Not only are we going to have to put up with the additional impact the helicopters make in our daily life, but also in many cases, livestock go ballistic over helicopter noises and they will break through fences. In looking over the documents and comments made during the Planning and Zoning Hearing in which 81. Luke's helipad zoning request was made, I noted the following. 51. Luke's met with the neighborhood residents at Montvue and Touchmark and committed they will not fly over their residential neighborhood. They did not meet with any of the neighborhoods that lie to the south of their facility across the freeway or any of the neighborhoods that will parallel the freeway projected flight path. These are the neighborhoods that are directly in line where the protected helicopter approach and take off-zones indicated on 81. Luke's Landscape Plan sheet 1.0 in the package presented at the P&Z Meeting. It is also interesting to note that during the Planning and Zoning Meeting there was no one from the outside who commented at that meeting. Perhaps the P&Z notice was not adequate. You only notify residents within a 300-foot radius of a proposed facility. However, helicopter noise is not limited to political or geographical boundaries. The sign placed along the freeway adjoining S1. Luke's property is impossible to read from the freeway, unless an individual stopped on the exit ramp and walked over to look at the sign. Number 2 is during the Planning and Zoning Meeting no mention was made by 81. Luke's or by members of the P&Z Commission of noise impact on Meadow Lake Development immediately to the east of the proposed heliport or on the Rolling Hills Subdivision located on the proposed landing and take-off route. I'm not here representing Meadow Lake Development, but I am going to use their name in several cases here. Corrie: I'm going to ask you to limit it to five minutes, so -- thank you. Rogers: In the standards for Conditional Use, Item D, it stated in part. Other than noise associated with take-off or approach, staff does not anticipate that the proposed use will adversely affect adjacent properties. It also stated that the P&Z Commission should rely upon public testimony to determine if the development will adversely affect other property in the vicinity. S1. Luke's did not provide, nor did the P&Z Commission request any kind of noise study be made to determine the impact onto the existing subdivisions. Meridian city has approved a 300 plus home retirement community, Meadow Lakes, located immediately to the east of the proposed facility. The north side of Rolling Hills Subdivision is approximately 400 feet from the proposed facility. Was the location of these subdivisions addressed in the S1. Luke's application to the FAA? Did the P&Z Commission take into account the noise this facility will have on these subdivisions? We are not only looking at noise coming from the facility itself, the horizontal noise, but Meridian City Council Meeting June 10, 2003 Page 19 of 41 also the vertical noise generated when they fly over or near our subdivision. In addition, the current structures of St. Luke's and the prevailing wind from the northwest will reflect the noise right back into the existing subdivisions. It is also our understanding S1. Luke's plans, ultimately, to include additional structures, up to five, we understand, which further act as noise reflectors. St. Luke's admits the helicopter use is not included in their original concept of the medical facility. The only reason for this facility, from my understanding, is they want to move their existing site at the airport to their own property to save the expense of basing the helicopters at the airport. This helicopter facility cannot be compared to police of fire facility, which is in place for public safety and supported by tax dollars. This facility is only for the convenience of St. Luke's. It's a business decision that will have a major impact on the surrounding areas. When we moved to this area there were no freeways, no S1. Luke's, it was a quiet, pleasant area to live in. We don't need these additional noise generators. A helicopter landing field is not appropriate for this for any reason. Meridian City has no ordinance regulating this issue, or the city would require builders to provide additional insulation and other noise abating measures to use in the construction of houses located within a certain area of the airport landing and take-off zones. Would Meridian, for instance, be willing to require that the developer of the Meadow Lakes Subdivision include a disclosure to every home buyer in the subdivision that their houses are within 50 to 500 feet of a helipad that will operate seven days a week, 24 hours a day, 365 days a year, with a fuel facility. Would the developer of Meadow Lakes want to do this? Probably not, as it might effect the sales of their homes. Does the Meridian Fire Department have the capability and training to deal with helicopter emergency and fire? What will Meridian do if they start receiving complaints about noise from helicopters? Do you have an enforceable ordinance in place? What about potential fuel spills and the impact on the local ground water resources? Most importantly, would you be willing to buy a house next door to a helicopter landing and fuel facility and will be there and busier as time passes? We'd like to request the following deny the application for their use. If you feel you cannot deny this application for whatever reason, then, send this issue back to the Planning and Zoning Commission for additional public input. Send out public notices to all residents that reside within the boundaries established by Franklin on the north, Cloverdale on the east, Overland on the south, and the commercial development on the west side of Eagle. Require that 8t. Luke's have a professional noise study prepared due to the actual helicopter and landings and take-offs under all anticipated conditions, such as wind to the northwest, from the west, from the south, from the southeast. These are the typical wind patterns in the area. Include day and night landings and take-offs, and landings between the hours of 6:00 to 10:00 P.M. 10:00 P.M. to 3:00 A.M., 3:00 A.M. 8:00 A.M. These are the hours when most people are at home. Then, have 8t. Luke's prepare a survey from the area of the residents listed in the item two above to determine the effect on these residences. Require 81. Luke's to do extraordinary outreach to the affected neighborhoods by sending out mailings concerning this facility and hold public comments at meetings at their facility, with minutes of the meeting and copies of the comments furnished to the Planning and Zoning Commission. The P&Z Commission should, then, hold another Public Hearing concerning this issue. The study should closely follow FAA Part 150 airport noise studies and a report prepared similar to the document titled Chapter 6, Noise Analysis Meridian City Council Meeting June 10,2003 Page 20 of 41 Prepared by the San Francisco General Hospital Air Medical Access Needs and Feasibility Study. This study report and FAA outpatient will be available at S1. Luke's. Meridian City should, then, draft and pass an enforceable ordinance controlling noise from helicopter operations. If an adult facility or bar was proposed in this location, the P&Z Commission and this Council would require more information about public impacts than is currently being requested of S1. Luke's. This is not a rubber stamp issue. Planning and Zoning Commission and Council must be willing to error on the side of caution to protect these existing neighborhoods. Not only do you need to address our immediate concerns, but also for residents who will be purchasing homes in the Meadow Lakes Subdivision who will not even be aware of the impact of a heliport operation, since you have unrestricted mention of their houses. The FAA in their studies has indicated that 65 db is about the noise level that does not cause complaints. Okay? Any noise level above that causes problems to neighbors. Those are in those documents I furnished you. I would appreciate very much if you'd look at them. Thank you. Corrie: Any questions? Bird: I have none. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Rogers, I guess I'm a little curious as to your comparison of the helipad to an adult bar. Why do you think this is a comparable type of comparison? Rogers: Because if an owner of an adult bar came in here and told this Council don't worry about it, there is no problem. We are not going to impact the neighborhood, we are not going to have noise from our facility, would you take their word for it and say, oh, okay, that sounds good to me, let's go ahead and approve this facility here. What we are asking is you require better information prior making this decision. Nary: Okay. Now, Mr. Rogers, on your request about treating this basically like an airport, is what you're asking, to treat this helipad like an airport, is that what the City of Boise requires for S1. AI's helipads or Sf. Luke's helipads? Rogers: I have no idea what the City of Boise requires on there, other than I do know they do have restrictions, especially for insulation requirements for builders who build in specific corridors that have airport operations on them. Nary: Airport. That's in an airport influence area isn't that the area you're talking about? Rogers: Yes. Nary: That's not around the Sf. Luke's area where there is a helicopter pad. Meridian City Council Meeting June 10, 2003 Page 21 of 41 Rogers: I have no idea what is required around 81. Luke's. Nary: Is that anywhere around the 81. AI's area where there is a helicopter pad? Rogers: As far as I know there are no residential areas around 81. AI's within the same distance. Nary: There is no residential area near the 81. Luke's -- 81. AI's -- Rogers: The only one there -- well, 81. Luke's I'm not aware of, because I -- you know, that's not my job to find that out, but I do know around 81. AI's, looking at their facility, A, they land on the roof. Occasionally, they have helicopters on the ground and most of the 81. AI's area is surrounded by commercial, except across the freeway where there is an apartment complex and I don't know what the city requirements was for the builder to provide additional insulation or anything else like that for noise control. Nary: I read your -- Mr. Rogers, I read your noise studies that you had and I noticed that most of them were from very large metropolitan cities that have a tremendous amount of ambient noise, in addition to this -- in addition to the helicopters, but I didn't see anything from any such rural areas, which is kind of what we are looking at here. Did you have anything -- Rogers: No, I couldn't locate anything on the Internet on noise levels in these rural areas. It's urban noise environment and that's what they address it to. Nary: Now, from my recollection from the Planning and Zoning minutes, the Meadow Lake Village didn't have any objections. I mean you're pretty good at raising the flag for them, but I don't think they had any objections. Rogers: No. At the Planning and Zoning Commission there was no objections made by noise. The issue wasn't even brought up, really. In talking with one of the representatives at Meadow Lakes, he indicated that 81. Luke's had assured him there would be no flights over his property so, therefore, it wouldn't be a problem and they had no complaints. Nary: And so -- I mean your concerns about the residents of Meadow Lake, I mean this -- if we were to approve this helicopter pad now, there is no people living there now, so by the time those people are going to buy their homes, they would know that there is a helicopter pad there, so the actual noise -- Rogers: 80 that makes it okay? Nary: I'm not saying it makes it okay, I'm just saying your concerns that you have raised about notice to them, providing notice in a plat or providing notice in the CC&Rs, isn't probably necessary, because it will already be there. Meridian City Council Meeting June 10,2003 Page 22 of 41 Roger: Okay. Nary: Right? Rogers: Probably not -- and I don't know what Meadow Lakes is thinking. They probably feel there is not going to be a problem there, because they have been assured by St. Luke's there isn't. Let's do a study, let's find out where this 55-db contour lies, that's what these noise studies require, and see if it lies within these subdivisions or outside the subdivision. If the noise limit is greater than 55-db on the contour line, then, these have a potential to cause problems. Where is that 55-db contour line and that's what the study will show? Nary: But if we were to add the requirements to these conditions that St. Luke's could only -- I think they have committed to the fact that they would only fly over the interstate and if we were to include that as a condition of approval, so that we'd have some enforcement mechanism later if that were to become a problem, wouldn't that be sufficient? Rogers: No, because just because they fly over the interstate doesn't mean the noise is abated. The noise is blowing primarily, since they are going to be landing over the interstate, that means the winds are blowing from the northwest to the west, it means the noise is going to blow right into the subdivision. If the wind is blowing from the south to southeast, then, they are going to be blowing that noise right into the Meadow Lakes Subdivision, plus, as I say, FAA gives the pilot great discretion on where he can land a helicopter. Helicopters do not land downwind, they land against the wind to have zero air -- or zero forward speed upon landing. Nary: I didn't notice and maybe you could enlighten me on the material you provided, but I didn't recall the volume of air traffic that those were studied, because my recollection is the testimony from St. Luke's is talking about one to four flights a day, not constant. It's not an airport. I mean it's one to four flights a day. That's how significant that is. Roger: Yes, at this time. Whether -- they are going to have two helipads there, a hangar, what are the future noise projections for this area and at 3:00 A.M. -- a helicopter flying over your house at 3:00 A.M. in the morning is going to wake you up out of bed. There is no question about that. If you're living in a subdivision right next to them, I will guarantee you noise at 10:00 P.M. at night is going to bother you. Nary: But you're not living in the one right next to them. You're talking about Meadow Lakes again? Rogers: Yes. Well, we are living 400 feet, approximately, from the proposed facility. We just didn't get notified, because we don't live 300 feet from the facility. The noise is going to be there. I mean I can -- right now 8t. Luke's is doing some excavation over Meridian City Council Meeting June 10,2003 Page 23 of 41 there with a backhoe. We hear that backhoe working. I mean that's how noise is. Eighty-eight decibel noise is -- a lawnmower is 85 db. Would you like a lawnmower running in your house? That's why the FAA has said 65 db is about the limit that people will tolerate without complaining. You're the folks that are going to have to deal with this in the future if this noise does get excessive. Do you have an ordinance in place to deal with it? FAA doesn't. The FAA has said all we do is approve route and the facility. They specifically put the burden on you for proper land use planning. That's in one of the documents that I provided you that you have to make sure this is a compatible land use plan. We just stack one noise on top of another, on top of another, on top of another, and pretty soon, it just becomes intolerable. Like I told you last week, people in our subdivision who live on the end of it can't even sell their houses. They have tried. Nary: But because of the freeway. Rogers: Because of the freeway noise. You throw this on top of it and it may mean many parts of our subdivision won't be able to sell their house. I'd ask you to, you know, take our consideration. Nary: Where are those neighbors? Where are they? Rogers: You know, I didn't want to bring this up, but I talked to 20 people about coming to this meeting and their comment was why bother, you're not going to listen to us. I mean, really, that's what they said. J had three people who said, yes, we would be here. I don't see them. I mean -- but that was what they said. Why bother, they are not going to pay any attention to us. I hope I'm wrong, but -- you know. McCandless: Mr. Mayor? Corrie: Well, we did listen, that's for sure. Yes, Mrs. McCandless. McCandless: Mr. Rogers? Rogers: I'm sorry. McCandless: Are you aware that if you hear a helicopter at 3:00 in the morning, it means someone is in a dire emergency and they need help? Rogers: If 8t. Luke's was a trauma center, that would be correct, but they are not a trauma center. The trauma center is downtown 8t. AI's and downtown 8t. Luke's. McCandless: But wouldn't that mean that one of the helicopters that are out there was the only one available to go take care of -- Rogers: Not necessarily so. This is a business decision on 81. Luke's part. This is not an emergency vehicle service like police and fire is. They are supported by public donation dollars and they are necessary. This is not a necessary facility. Not at this Meridian City Council Meeting June 10, 2003 Page 24 of 41 time. I will bet a dollar to doughnuts that if this hearing were held next year after Meadow Lakes fills up, you would have a lot more people here. No, I don't consider this a necessary use. Corrie: Okay. Thank you, Mr. Rogers. Anyone else like to testify? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? McGrane: Yes. Corrie: Name and address, please. McGrane: Michael McGrane, I'm Director of Air 81. Luke's. I reside at 1014 North Gray Cloud Way in Eagle. I primarily just want to be available to answer any questions. Currently, we operate the helicopter from the rooftop of S1. Luke's downtown 81. Luke's is surrounded by neighbors. The East End Neighborhood Association is very attune to the activities that go on at S1. Luke's and we have always been very committed to be good neighbors. We have worked well with the East End Neighborhood Association. In the 18 months that I have been with S1. Luke's and in the year that Air S1. Luke's has operated the helicopter from the rooftop downtown, we have had zero complaints of noise regarding our operation. We take it seriously. When we identified the location of the helipad for 81. Luke's Medical Center, we looked at how we could be in a location that would minimize the noise impact and the activity impact on the neighbors in that area. That's why we selected the area closest to the freeway where there was greater ambient noise, where there was a free approach and departure path for the aircraft, where we felt it was safe. We also worked with the FAA in some preliminary review of the site to make sure that it was -- met their needs. We currently have an application in for approval with the FAA for the helipad. The other thing that the helipad will do for S1. Luke's Meridian Medical Center is provide an emergency landing site. I am aware of only one hospital in the State of Idaho that does not have a helicopter landing site. When it comes to emergency, whether we are taking a patient away from S1. Luke's Meridian Center that needs more intensive care downtown or bringing patients to S1. Luke's Meridian Medical Center for whatever reason, I think that's an important attribute to have for a hospital. We take our neighborliness seriously and we are committed to restricting our approach and departure path so that we are not flying over neighbors and requiring others who use that site to do the same thing as well. In some of the information that Mr. Rogers provided, it indicates that the FAA not only approves the airport, is what they talk here, but they also approve the heliport. They approved the recommended departure noise abatement flight path and procedures. There is u the FAA here in Boise gets complaints about noise and they deal with those complaints seriously, so there is an avenue for enforcement if there is deviation from those -- those flight paths and we are committed to working with the FAA and we have good people at the FAA that we work closely with. I would be happy to answer any questions you might have. Nary: Mr. Mayor? Meridian City Council Meeting June 10, 2003 Page 25 of 41 Corrie: Mr. Nary. Nary: Would you have any objection to a condition to make sure that the flight paths adhere to the FAA requirements that the flights are going to be, you know, as possible, over the interstate, so that way we have at least some enforcement mechanism to deal with it if it's not complied with? Do you think that would be a concern to 51. Luke's? McGrane: No. We will abide by that. Nary: Okay. McGrane: I'd almost recommend that. If there is a noise complaint and the city hears that, there should be a mechanism in place to deal with those complaints. Corrie: Thank you. Nary: Thank you. Corrie: Any other questions? Anyone else like to issue testimony? Yes, sir. Is the testimony you are about to give the Council the truth, so help you God? Kelly: Yes. Corrie: Name and address, please. Kelly: Larry Kelly. 640 Kofax, Boise. I'm currently president of Idaho Helicopters. I'd just like to explain to the Council and let you know that prior to us joining 5t. Luke's and providing their service, Idaho Helicopters provided the service to Life Flight for the past 15 years. We are very, very serious about what we do and we take a great deal of pride in it. I didn't realize Mr. Rogers -- I'm sorry that -- I recognized him after he got up here. He talks a lot about FAA Part 150. That is an approval for an airport. I think in your packet that you will show that before Boise airport was ever built, the FAA did a study under 150 and that's why it's there now. The runways at Boise airport are one zero and two eight, basically, east and west. That is the prevailing wind and that's what the FAA sets that up as. The approach and departure path, if you will look at this, 1-84 is basically east to west. That's another reason we selected that point. There are no houses due south of the proposed heliport. There are some that are south and east Yes. That's why we propose the heliport departure path basically over the freeway, to stay in that 85-decibellevel. The letter of agreement that we have proposed and will put in place -- and you have been provided a copy of it, also the FAA will be provided a copy of it, before Access Air, Life Flight or the Army Guard will land at the Meridian 5t. Luke's facility, there will have to be a signature on the letter agreement, which dictates the take-off and departure paths. If they don't sign it, it's a private use airport -- a heliport. It's not a public use heliport. If they do not sign it, they will not be allowed to land there. We will also be happy to provide you with whose ever phone number is our Meridian City Council Meeting June 10, 2003 Page 26 of 41 principle operations inspector for Idaho Helicopters. He has a phone, and he takes noise complaints very, very seriously, as we do to, we are a very quiet helicopter. The other two operators, I will tell you, they are not as quiet, that's why there has to be a signature on this letter agreement, so if it's us, we will deal with the noise complaint and if it's another operator, we will help you deal with the noise complaint, but we want you to know who it is that's doing it. Okay. Anything else you would have I would be glad answer for you. Corrie: Any questions? Thank you. Anyone else who would like to issue testimony? Okay. Hearing none, Council, questions of the Public Hearing? If you have none, I will entertain a motion, then, to close the Public Hearing. McCandless: J move we close the Public Hearing, Mr. Mayor. Bird: Second. Corrie: Motion has been made and seconded to close the Public Hearing on the request of 8t. Luke's. All in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Discussion? McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I wanted to comment on the fact that Mr. Rogers talked to some people that said that they didn't come because we wouldn't listen to them. I have listened very carefully to what you had said both times you were here, but our job up here is not to listen and, then, go with the person that wants us to, our job is to decide what is best for the citizens of Meridian and abide by that. We do listen, but we have to do our job. For that reason, I will vote for having the helicopter for there. Bird: Is that a motion? McCandless: Mr. Mayor? Nary: Mr. Mayor, I was just going to just add one other additional comment. I think as the developers of Harris Ranch would probably attest, the East End Neighborhood Association, the City of Boise is not real big at throwing it around, compliments. Though I know Mr. Lord is not speaking on behalf of the East End Neighborhood Assodation and just himself, I know he is the president of that organization and I appredate 8t. Luke's bringing both a letter from him, as well as information they have and I appreciate the information Mr. Rogers has brought. It does provide at least some balance and I think we have to carve out what's appropriate for our community and I recognize in large Meridian City Council Meeting June 10,2003 Page 27 of 41 metropolitan cities they have other needs and concerns they have to address, as we do, and I think we have to find that balance which is appropriate for our community. We asked 8t. Luke's, especially, to provide us information about noise and complaints and how that's being dealt with and I'm satisfied that they are willing to address that, I'm satisfied with the information Mr. Rogers has given us is accurate, but I think we are trying to address it. I would agree that if you have all those houses built there in Meadow Lake Village, you may have a different perspective, but the Meadow Lake Village people also know that. The fact that they are comfortable with it, knowing they have to market and sell those properties that are adjacent to this helipad, recognize the necessity for it and that they can deal with the abatement of noise issues and they can aggressively deal with them themselves, I think is really an issue for them and they are comfortable with it. I don't have a reason to supplant my perception on top of theirs. I would agree with Councilwoman McCandless, I find no reason not to support this application. Corrie: Okay. Thank you, Mr. Nary. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I was the one that asked for further information about the decibel levels and the information, we got a lot of it, and I appreciate everything we did get. It did put some perspective to it and that was what I was looking for. I like to know a little bit more about what I'm making a decision on. It doesn't show there is a huge difference between what the noise that this generates is anything more than what currently exists and what currently exists is, in fact, a noise barrier to the helipad to the residents across the freeway. As odd is that sounds, you know, that's what some of this information has really shown. I think we can strengthen it with a couple of additional conditions and make sure that the subdivisions and their associations know the contact names and numbers of who they can contact. Maybe 81. Luke's can continue to be a good neighbor and make sure that those numbers are in the hands of the association presidents and that sort of thing, so that when there are concerns, they do know whom to call. I think the additional requirements that Councilman Nary has mentioned are very reasonable as well so, that's alii have to add. Corrie: Any other questions from Council? Okay. Are you ready for the vote or we have to get a motion first? McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve the request for a Conditional Use Permit to add a heliport with office and fueling and future landing pad and hangar on the southeast corner of the property in an L-Q zone for 8t. Luke's Meridian Medical Center by 8t. Meridian City Council Meeting June 10. 2003 Page 28 of 41 Luke's Regional Medical Center and take in the -- include the comments made by Councilman Nary and for our attorney to draw up the proper papers. Nary: Second. Corrie: Okay. Motion has been made and seconded to approve the request for a Conditional Use Permit, any further discussion? Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, does the motion and the second want to include a requirement that neighbors of the subdivision Mr. Rogers lives in be sent a letter by St. Luke's identifying who to call in the event of a noise complaint? Do you want that a condition, or is that just to rely upon Mr. Hall to do the right thing? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I don't know that they have a particular person identified. Certainly, I would think it would be in the best interest of St. Luke's for Mr. Hall to send it to Mr. Rogers, because I don't know who else we would contact. I don't know if we have had any other contact point. Certainly, they haven't -- I don't think it needs to be a condition. I think that's probably just good business on their part, so -- and Mr. Hall is acknowledging that he agrees. Corrie: Good. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, also include a condition that any other helicopter service or military that receives a potential need to use that, would sign the letter of agreement complying with the approach and departure requirements. Is that correct? Nary: Mr. Mayor. Yes, I think that was the intent is that since they said this was a private heliport use, that they would require that, so I think that's a condition of-- Nichols: We can do that. Nary: Appropriate it. Meridian City Council Meeting June 10, 2003 Page 29 of 41 Corrie: I know somebody else that might be getting a call from Mr. Rogers, but I will handle that, any other discussion? Roll call vote, please, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. The motion is approved. MOTION CARRIED: ALL AYES Corrie: J was hoping Mr. Rogers would be here, because I wanted to be sure that he let his neighbors know -- and I will put this on the record -- that they could come here and talk anytime they want and we would listen to them, but ['m afraid that highway noise is going to be more than helicopter, personally, and I think the neighbors out there also live in the county, not the city, so - Item 11. Continued Public Hearing from June 3, 2003: CUP 03-011 Request for a Conditional Use Permit for two 9,500 square foot retail buildings with associated site improvements in an L-O zone for Resolution Subdivision by G.L. Voigt Development - 1611 South Millennium Way and 2045 West Overland Road: Corrie: Next is Item Number 11. This is a Continued Public Hearing from the June 3, 2003. This is a request for a Conditional Use Permit for two 9,500 square foot retail buildings with associated site improvements in an L-O zone for Resolution Subdivision by G.L. Voigt Development. At this time will open the -- continue the open Public Hearing and invite staff comments first. Powell: Mr. Mayor, Members of the Council, this was continued due to lack of an applicant last time, so you did receive a staff report. Just a couple quick highlights. It is at the intersection of Overland and Millennium. The sole purpose of this is to allow two buildings on one lot and I'll leave it at that and, hopefully, we have an applicant. Berg: Mr. Mayor? Corrie: Mr. Berg. Berg: I checked with my staff as far as notification, making sure we made the contacts to have people at these Public Hearings and the information we got was the person that was filling in for Wes Steele went to the Planning and Zoning Department building and was waiting around there, instead of City Hall. The intentions were to come to the Public Hearing, but they went to the wrong place. We now try to make sure we tell them that the Public Hearings are at City Hall. Corrie: Okay, any other thing, Anna? Powell: No, sir. Meridian City Council Meeting June 10,2003 Page 30 of 41 Corrie: Okay. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Steele: Yes, it is. Corrie: Name and address, please. Steele: Mr. Mayor and Members of the Council, my name is Wes Steele, Habitec Architects, 1250 East Iron Eagle Drive in Eagle, representing G.L. Voigt Development. I would apologize for the confusion of my staff, as I was out of town last week. Unfortunately, I'm the only one that handles these affairs and the only place they had been was downtown. We had reviewed staff's report after the Planning and Zoning Commission hearing, agree with those recommendations and requirements, and have nothing further to add. Would answer any questions you may have and, again, apologize for confusing your last meeting. Corrie: Council, any questions? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: What we wanted to know is if you had any objections to the staff's conditions. Steele: No, we didn't and I appreciate you postponing us and asking for that. Corrie: All right. Thank you very much. Anyone else want to testify? Okay. Hearing none, J will entertain a motion to close the Public Hearing if you so desire. De Weerd: So moved. McCandless: Second. Corrie: Motion has been made and seconded to close the Public Hearing, any further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting June 10. 2003 Page 31 of41 De Weerd: I move we approve the request for a Conditional Use Permit for two 9,500 square foot retail buildings with associated site improvements in an L-O zone for Resolution Subdivision and to include all staff comments and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order. Bird: Second. Corrie: Motion has been made and seconded for the approval a Conditional Use Permit request, any further discussion? 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 Powell: Mr. Mayor, before you leave this subject, j would like to ask you if these are something you really want to review. It's -- the requirements for this are located -- it's isolated to one very small section of Title 11. It would be very easy to amend it to only require -- or to only prohibit more than one principal building on residential districts and to allow it through the PD process in residential districts, if they wanted, but to, otherwise, allow them in commercial and industrial sites. From a planning perspective it really reduces the mass of the buildings and it allows for landscaping to kind of weave in and out of the site a little better. I'm doing a kind of clean-up ordinance with a number of items that you have requested, so I can fold this one into it rather easily for Mr. Nary's to review. De Weerd: Sounds great. Item 12. Continued Public Hearing from June 3, 2003; RZ 03-006 Request for a Rezone of 3.41 acres from R-4 to R-8 zones for Bear Creek No.6 by Westpark Company - west of South Meridian Road and south of West Overland Road: Item 13. Continued Public Hearing from June 3, 2003: PP 03-005 Request for Preliminary Plat approval of 31 building lots and 2 other lots on 10.49 acres in a proposed R-8 zone for Bear Creek No.6 by Bear Creek, LLC - west of South Meridian Road and south of West Overland Road: Item 14. Public Hearing: V AR 03-015 Request for a Variance for block length in an R-4 and R-8 zone for Bear Creek No.6 by Bear Creek, LLC - west of South Meridian Road and south of West Overland Road: Corrie: Thank you. Item Number 12, 13, and 14 are Continued Public Hearings, plus a Public Hearing on the Bear Creek No.6, a request for Rezone of 3.41 acres from an R- 4 to an R-8 zone. A request for a Preliminary Plat approval of 31 building lots and two Meridian City Council Meeting June 10, 2003 Page 32 of41 other lots on 10.49 acres in a proposed R-8 zone by Bear Creek No.6, and the Public Hearing on request for Variance, block length, in R-4 and R-8 zones for Bear Creek No. 6 by Bear Creek. If there are no objections, will open all -- 12 and the two continued and the Public Hearing and have testimony on all three of those by staff and also from the applicant at this time. Staff comments first. Powell: Mr. Mayor, Members of the Council, again, the first two items were only continued to allow it to catch up to the Variance, so you had not heard a staff report on those items. As your -- this is Meridian Road and this portion of the lot is part of Bear Creek Subdivision as it -- as it was approved at Preliminary Plat. They are re-platting that portion. This is the former site of Kodiak Subdivision and, then, this is the church. The property does include a portion of the church property in this area, as you see on the next one. Okay. Go back up. This would be the line of where the south end of the Kodiak Subdivision was, so this is -- south of this line I'm drawing right here is the church property. This would be the Kodiak property and this area up here is part of the original Bear Creek Subdivision. As you're probably all too familiar, Kodiak Subdivision at this point, but, again, the issues there were access onto State Highway 69, so this alleviates that problem by pulling in an access off of the Bear Creek Subdivision and, then, connecting it through to the rest of the Bear Creek. The applicant has proposed R-8 zoning, although the lot size would comply with R-4, they have asked for the R-8 zoning, so that they -- no, it says R-4 up there. Maybe the applicant can address that. Yes. I do believe it's supposed to be for an R-8 zone. The lot sizes comply with R-4, but the frontages do not. They have asked for the R-8. They have asked for a Variance on block lengths. Again, there is the long block that goes from basically here, all the way out to here, or from here to out to State Highway 69. They do have a rather long block. They are challenged. They could have perhaps moved this stub street to the church to an alternate location to -- that would reduce the need for that Variance and the applicant should probably address that in his presentation. There is one issue regarding -- if you look on page five of the P&Z staff report, it has a couple of Rezone comments and those are kind of key right now, because they are unusual. When the Kodiak Subdivision went through, you approved the -- prepared the Findings of Facts and Conclusions of Law to annex the property, but the annexation ordinance was never completed, so as part of this application they need to annex that former Kodiak property, so that it is within the city limits. You also need to revise the Development Agreement for Kodiak Subdivision and that for the church, so that you can address the changes that have been done through this request. That existing Development Agreement with the church does forego doing the improvements along the state highway until the church comes in to develop their property. The applicant is requesting to extend that. They do have one Jot with frontage in this area right here and that is dedicated for a future church property, so they are requesting to forego the improvements of that until the church develops and, then, they would do it along with their Development Agreement. Again, that's an important item to revise with their Development Agreement is to include that property. Those are the highlights of staff's concerns regarding this subdivision. Nichols: Mr. Mayor? Meridian City Council Meeting June 10, 2003 Page 33 of 41 Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, we anticipated this issue, because Mr. Arnold and his client have been talking to staff for some time. The Development Agreements, the revisions to those Development Agreements are already drafted. The only thing that was missing was the legal description and we should have those shortly. I believe Mr. Arnold did supply those to us, we just got to make sure we get the right ones in the -- did you supply all of them, Steve, not just the ones that have to go in the Development Agreement. Staff -- Public Works staff is working on that, just so you know that we already anticipated that and were prepared to go forward if you approve this. Corrie: Okay. Thank you, Mr. Nichols. Is the applicant representative here this evening. Is there no applicant here? Is the testimony you're about to give the Council the whole truth, so help you God? Arnold: Yes. Corrie: Name and address, please. Arnold: Mr. Mayor and Members of the City Council, for the record, my name is Steve Arnold, I'm with Briggs Engineering, 1800 West Overland Road. I'm here representing the development of Bear Creek, LLC. I guess first off I apologize for the legal descriptions. I had them sent while I was out of the office. They should have sent you - -- there should be three legals -- and this may help summarize what we are doing. Basically, there is the church parcel, which is Lot 9 that we are exchanging for that piece, as you can see the southern boundary of Lot 9 is fully extended to the western boundary of Bear Creek 6. That parcel that we are picking up for lots we are exchanging with the church property of Lot 9. There is the legal description for that piece, along with the legal description for Lot 9 and, basically, to give you a little bit of history here, the parcel that was originally part of Lakes -- or, excuse me, Bear Creek -- another issue I have had. Bear Creek No.5, it originally was a cul-de-sac that terminated at the -- what would be the north property of the Kodiak Subdivision. When I came to you -- it's been 2002, I believe, for the Final Plat to Bear Creek 5, one of the issues that we asked to modify the Final Plat from the original Preliminary Plat in hopes that we'd get this issue resolved with the Kodiak development. At that time, I was a little bit skeptical. I said, well, if we couldn't come back with it and receive the cul-de-sac in a future phase -- fortunately, we have worked it out with the developers and the church property and, basically, what you're seeing is the creation of those efforts. Overall, the project has got 10 and a half acres, of which I believe the exchange with the church is over approximately two acres. We have got the five acres of Kodiak Sub and the remainder of the Bear Creek original five plat. We have 30 lots within this subdivision. Again, there is only -- if the Development Agreement for the Kodiak Subdivision was signed, I'd only be asking an R-8 zone for one lot, because I would have the R-8 zoning for the Kodiak piece. Most all of the lots within -- or there are one lot in the remainder Meridian City Council Meeting June 10,2003 Page 34 of 41 portion of Bear Creek 5 that doesn't meet the R-4 zoning requirements of 80 feet. There is -- had everything fallen into place and the zoning of Kodiak actually got signed until we submitted it -- and I think that signature was held off -- essentially, we'd only be asking for a Rezone of previous phase five for just one lot. Just background. House sizes in here, they will be -- well exceed the 1,400 square foot, which is the R-4 zone. The houses will be very similar to the Mesa, which is a similar house size, which is in phase Bear Creek 1, 3, and 5. Those are all abutting here, so these are Mesa type lots, ranging between -- with the homes and lots between 190 and 240, I believe. What you're seeing here is quite a bit different from what you previously saw as the Kodiak Subdivision. I won't go into that too much. De Weerd: Thank you. Arnold: I don't see any of the neighborhoods here tonight, but I will brief you on some of their concerns. We did hold a neighborhood meeting. I believe there were two issues. One issue was the house size of -- of course, the people that bought the Mesa homes that backs up to this wanted to see Mesa homes. At the Planning and Zoning Commission we committed that we will be building the Mesa, type homes in here. The developer -- or employee of the developer is actually buying a lot within phase five just north of this part -- just north of the site a little bit, so I'm well sure that you will be seeing Mesa homes. The other issue was the fence. Apparently, adjacent to Lots 29 through 36, just north of our east-west street there, I believe, stub street, we put in a wrought iron fence as a boundary fence around Bear Creek Subdivision 1 and 5. The neighborhood had requested that we remove that fence within this subdivision and place a vinyl fence. At the time we committed -- I believe it's in your packet tonight, but that we would work with the -- those neighborhoods, that we would basically share in the expense of that removal, provided we got all of the approval. The Planning and Zoning Commission recommended that that be something not required of the developer, but that we should work with the neighbors there and that efforts are continuing and I think that's evident by the letter that we sent out. The two issues, basically, of deferral of the improvements along Highway 69, essentially, a part of the modification of the Development Agreement, we are asking that you include that parcel, that when Lot 9 comes in for a specific design for a conditional use, the church will improve that 35-foot landscape buffer at that time. The other issue was the length of the block length. That was something that we approved originally in Bear Creek for all the block lengths -- or several of the block lengths within the first phase. The reason that we are locating the stub street where it's at right now is it will best suit the development of the church parcel to the south. You will notice we have come in one lot, it's a one-lot depth and you extend a road to the south, it makes for easier development of that parcel in the future. Other than that, I do believe the church has got some plans back there. I was not a part of those discussions as to where we were locating that, so the location of that stub street is something that was worked out between the church and the developer of Bear Creek, but that -- just looking at it, it makes the most sense for future development to the south. We are requesting that that Variance be granted. I don't think that -- that is an unusual request to have a Variance for that. With that, I will keep it short, stand for any questions, and apologize for any length. Meridian City Council Meeting June 10, 2003 Page 35 of 41 Corrie: Any questions from Council? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I just didn't know what that -- this piece here. Is this a residence or is this green space? Arnold: It's an open space. Nary: Okay. Arnold: Open space lot right now. De Weerd: A drainage lot? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I just want to thank you guys for taking care of a real big problem out there and making that land very viable land and that's just exactly what you guys have done by getting together and working it out and I appreciate that. Corrie: Any other questions? Okay. Thank you very much. Is there anyone else that would like to issue testimony? Frank? I need to see you, Frank, before you leave for a comment. Okay, council, any questions, comments, discussion for the Public Hearing? Okay. I'll entertain a motion, then, if you have no other comments, to close the Continued Public Hearing on 12 and 13 and close the Public Hearing on 14. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd move that we close the Public Hearing RZ 03-006. Also PP 03-005 and VAR 03-005. De Weerd: Second. Corrie: Motion has been made and seconded to close the Public Hearing and the Continued Public Hearing on three items. Motion. All in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Meridian City Council Meeting June 10,2003 Page 36 of 41 Corrie: Comments first on a request for a Rezone 03-006. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve RZ 03-006, the request for a Rezone on 3.41 acres from R-4 to R-8 zones for Bear Creek NO.6 by Westpark Company. West of South Meridian Road and south of West Overland Road and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order and include the staff comments. McCandless: Second. Corrie: Okay. Motion has been made and seconded for the approval of the request for Rezone RZ 03-006 with all staff comments. Further discussion? Comments? Okay. Roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES Corrie: Item Number 13 is PP 03-005. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve PP 03-005, the request for Preliminary Plat approval of 31 building lots and two other lots on 10.49 acres in a proposed R-8 zone for Bear Creek No.6 by Bear Creek, LLC. West of South Meridian Road and south of West Overland and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order and to include staff comments. McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve request for Preliminary Plat PP 03-005, any further comments? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion carried. Meridian City Council Meeting June 10, 2003 Page 37 of41 MOTION CARRIED: ALL AYES Corrie: Now, the motion for request for Variance VAR 03-015. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve VAR 03-015, the request for a Variance for block length in an R-4 and R-8 zone for Bear Creek No.6 by Bear Creek, LLC. West of South Meridian Road and south of West Overland Road, for the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order, with staff comments included. McCandless: Second. Corrie: Motion has been made and seconded to approve the Public Hearing V AR 03- 015, any further comments? 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 Item 15. Public Hearing: AZ 03-002 Request for annexation and zoning of 19.79 acres from RUT to C-G zones for Callister Development by Dave Callister - southwest corner of West Overland Road and South Stoddard Road: Item 16. Public Hearing: CUP 03-001 Request for a Conditional Use Permit for a contractor's yard for an excavation company and mini-storage facilities on 5.91 acres for Callister Development by Dave Callister - southwest corner of West Overland Road and South Stoddard Road: Item 17. Public Hearing: CPA 03-001 Request for a Comprehensive Plan Amendment to change approximately 12.25 acres of the site from mixed- use-neighborhood to commercial for Callister Development by Dave Callister - southwest corner of West Overland Road and South Stoddard Road: Corrie: Item Number 15, 16, and 17 are Public Hearings on the Callister Development, request for annexation and zoning and also a request for a Conditional Use Permit and a request for a Comprehensive Plan amendment. No objections, I will open the Public Hearings on Items 15, 16 and 17 and we are going to have a request to continue this Public Hearing until June 24, 2003. Is there anyone from the public that would like to issue testimony at this time that can't be there at that time? Hearing none, I will Meridian City Council Meeting June 10,2003 Page 38 of 41 entertain a motion, then, for the Continued Public Hearing of Items 15, 16 and 17 until June 24, 2003. Nary: So moved. Bird: Second. Corrie: Motion has been made and seconded to have a Continued Public Hearing June 24,2003, on AZ 03-002, CUP 03-001, and CPA 03-001. All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 10. Lakes at Cherry Lane No.9 update. Power: Mr. Mayor, before you adjourn, you had asked for an update on the Lakes at Cherry Lane No.9. Steve, can you give me that update? I don't know if you need to amend your agenda or close the Public Hearing and, then, just let him speak to you, but I wanted to raise that issue before you adjourned. Corrie: We'll add the Item Number 10. Okay. Update. Go ahead, Anna. Powell: Steve. Mr. Arnold. Corrie: Oh. Sorry, Steve. Arnold: Mr. Mayor, Members of the Council, I will be brief and I saw that in testimony with Bear Creek 6, but a Freudian slip came out when I looked at Tammy. No, I have not followed up on things like I should have and I know Mr. Nichols has talked to me. I was going to send you a letter basically explaining where I was at, but I'll take this forum as an opportunity to tell you that I have been slack. Basically, I did meet with Nampa- Meridian, I had discussions with them about what I was to do, what I was to design, we just have not gotten a design to Nampa-Meridian and that is our fault, I will make that a priority, so that next time you see me here I can present to you the modifications that you had requested that I submit. As noted from the -- I'm not sure the last time we met on this, but [ was to go out and submit a modification to the approvals of the Lakes at Cherry Lane No.9. What I was doing is I'd like to get Nampa-Meridian Irrigation District's approval, a letter from them, approving plans -- I will be quick -- approving our plans before I submit that modification to you. That's where [ am at. I have got to get plans into them, I'll get it approved, and, then, I'll submit the modification. I have gotten calls from -- I believe it's Laura with the Lakes at Cherry Lane NO.9 requesting that and I have played phone tag back and forth and [ will keep the neighbors informed as well. That's where I'm at. I promise I will get something to you soon. De Weerd: Mr. Mayor? Meridian City Council Meeting June 10, 2003 Page 39 of 41 Corrie: Mrs. de Weerd. De Weerd: So, Steve, you will keep the neighbors that live along that ditch informed, you know, as you move forward with your plans? Arnold: Mr. Mayor and Councilwoman de Weerd, there is one neighbor that I have worked with. I'm assuming that she's contacting everyone and that's what she was told -- had told me. She was here at the public meeting at the Pre-Commission meeting, I believe, and this was all discussed, so -- and that's my contact. I'm not contacting each individual that backs up to it I'm just -- De Weerd: Okay. Arnold: And as soon as I do get a plan approved, I will let them know. Corrie: Thank you. Arnold: I apologize for not having it. Corrie: Anything else from staff? Okay. Anything from Mr. Nichols? Okay. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I noticed in our boxes we had a petition about a one-way street issue for Main Street and 1 didn't know whether the -- it seemed like it would be appropriate for our next joint meeting with ACHD. If we wanted to have that conversation or if we wanted to invite the petitioners to Pre-Council -- not all of them, just the instigators of that to a Pre- Council prior to our meeting with ACHD, so we at least have the gist of what their concerns are or what their issues are and have that conversation with ACHD. I don't know if we really have an opinion at this juncture at all, but I just thought I'd throw that out to at least get a discussion before our next -- I think it's in July is our next meeting with ACHD. July 14th. Maybe sometime between now and then we could have a Pre- Council with the people who are supportive of that. Corrie: They'll just tell us why and I would really like to know. I can see traffic go up at 45 miles an hour down the street and no stoplights it's not good. Let them decide what they -- Nary: Not that we have decided -- Corrie: We haven't decided I just have my own opinion. Okay. De Weerd: Mr. Mayor? Meridian City Council Meeting June 10,2003 Page 40 of 41 Corrie: Mrs. de Weerd. De Weerd: So, do you want someone to -- your suggestion that we get together with a couple of the instigators -- I couldn't tell from that petition who the instigators were. Nary: And I -- yes, I don't know who that is. I just thought before we went to ACHD and said here is a petition and we don't really know who is behind it or what they want, I thought if we do that, then, maybe we could get their input and tell them we will pass that on to ACHD. De Weerd: Prior to that joint meeting. Nary: Prior to our joint meeting. I don't know who the persons behind that are. Corrie: I do. They came in the office and gave me the -- so I'll see that they get the information. De Weerd: So, when did you want to do that? Nary: 1 thought a Pre-Council between now and July -- before July 14th. We have only got a couple, either June 24th, I guess, or July 1st. De Weerd: So, I'm assuming the Mayor will -- Nary: Just invite those folks to come. Corrie: I think we have a light agenda. It's a good time. That will give us enough time to get things done ahead of time. Nary: Sure. Then, we have something to pass onto ACHD and have a discussion about that. Corrie: If you would put that on there. Nary: Do we need at least acknowledgement on the record, Mr. Mayor, that we are going to have a special meeting on Monday and no meeting next Tuesday? I think we had already previously discussed for Tuesday, but -- so that it's clear and, then, Mr. Berg would put out appropriate notice. 1 don't know if we talked about the time. Corrie: That's right. 5:30 didn't we say? 5:30 to 6:30 and we would be done, a special meeting Monday. We will have a statement to make at that time and Frank will be here and so -- Nary: And I take it we will have an agenda. We just wanted to make sure we made a note today that we will be having a special meeting Monday, June 16th, at 5:30. We will not have any meeting on Tuesday, June 1 yth, since we will all be atthe-- Meridian City Council Meeting June 10, 2003 Page 41 of 41 Corrie: Just a special meeting on the 16th at 5:30 and I will get you an agenda and we will -- okay. Anything else? Nary: Move to adjourn. Corrie: Okay. Motion has been made. Do 1 hear a second? De Weerd: Second. Corrie: That we adjourn. All in favor say aye. MOTION CARRIED: ALL AYES. Corrie: Okay. Adjourned. MEETING ADJOURNED AT 9:03 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: a~~ ,~ ROBERT D. CORRIE, MAYOR 13 1 21-1 tJ3 DATE \\1111111111111 \\\\ all 11II '\\\_l of r-JlERIi" I111 " :<"-" VI..., // $"c} PO~~ -11- ~ ~ Cp"\?o. ''-''1~ ~ :::: ~ 0 _ ,I ~ AJESTED: J~g~~. .....C-: R g WILLIAM G. BERG, JR., CI Y CLERK -::. 0(; "0 :::: ~ 1'0 Sr 1S\ ' .:t;:-.$ ~/ ....., ,0 '?' ,~ /1 C: \y " 11111 OUNT'f, \\\" 1IIIII/IIIln\\\\\\\ - 6 J BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C OS/20/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A BANK WITH ) A DRIVE-THROUGH IN AN I-L ) ZONE, LOCATED ON LOT 1, ) BLOCK 1, PRESIDENTIAL ) SUBDIVISION, ON THE SOUTH- ) EAST CORNER OF E. ) PRESIDENTIAL DRIVE AND N. ) EAGLE ROAD, MERIDIAN, IDAHO ) ) RUSS WOLFE, ) APPLICANT ) ) Case No. CUP~03~018 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 May 27,2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Planner ill for the Planning and Zoning Department, and Dean Oberst, 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 AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 23 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 27, 2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers ofrecord 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 May 27, 2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509,6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an I-L zone and by reason of the provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on Lot 1, Block 1, Presidential Subdivision, on the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 23 southeast comer ofE. Presidential Drive and N. Eagle Road, Meridian, Idaho 83642. 5. The owner of record ofthe subject property is Hermes & Associates, 3300 Enterprise Parkway, Beachwood, Ohio 44122. 6. Applicant is Russ Wolfe, 204 N. Division, Ste. E, Spokane, Washington 99202. 7. The subject property is currently zoned I-L (Light Industrial). The zoning district ofI-L 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 bank with a drive-through in an I-L zone. The I-L 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). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subj ect property as "Light Industrial". 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the govenunental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 23 services required by the proposed development will not impose expense upon the public ifthe 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 plmmingjurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL 1. Sanitary sewer and water service shall be from existing main lines on the property. Applicant shall be responsible for the relocation of the existing water main that is in conflict with the proposed building. The existing easement associated with the water main shall be vacated and new easement shall be dedicated prior to the issuance of an occupancy permit for the new bank facility. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or othelWise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 3. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All SigIlage is subject to design review and shall require separate permits. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 5. The linearly arranged parking lots on the east and west side of the property shall be revised to include landscape islands pursuant to MCC 12-13-11, thereby reducing the number of parking stalls linearly arranged to less than twelve in a row pursuant to MCC 12-13-11- 3C. All parking shall be striped and improved in accordance with the Meridian City Code. 6. Revise the landscape plan in the following manner: (A) Include one tree for every thirty- five lineal feet lying adj acent to the perimeter of the property (adjacent to the south and eastern side of the property). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 23 (B) Revise the perimeter landscape buffer on the southern side of the property to include at least a five foot (5') wide landscape buffer adjacent to the parking and drive aisle. (C) Include landscape islands in the east and west side of the parking lots in accordance with the MCC as noted above (#5) 7. Ten copies of a revised site plan and landscaping plan have been submitted to the City Clerk's office for this project. 8. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog 0 fS torm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% ofthe cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 3. All roads shall have a turning radius of28' inside and 48' outside. 4. All access roads within the project shall have a clear driving surface with a minimum width 0[20' available at all times. UFC 902.2.2.1 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins, UFC 901.4.2 & 901.3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 23 6. Provide a vertical clearance of 13'6" in drive thru areas. The developer has indicated that a 20' fire lane will be provided on the South edge of the project, thereby allowing a 12' canopy to be used only for bank customers. The curb in this area will be required to be signed "No Parking Fire Lane". C. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. D. Adopt the Recommendations of ACHD as follows: Site Specific Requirements: 1. Comply with all requirements associated with MCUP-17 -98, as approved on September 23, 1998. 2. Comply with requirements ofITD for Eagle Road (State Highway 55) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Lance Johnson at 334-8340. 3. Prior to final plat approval, the applicant shall enter into a development agreement for the design and construction of the traffic signal at Eagle Road and Pine Avenue, and any associated improvements. The applicant shall provide and install Opticom device (an optical communication device for emergency vehicle pre-emption of the signal operation) as part of the signal installation. The District will provide the materials for the signal (with the exception of the Opticom device) as its share of the entire Pine Avenue construction from Eagle Road FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONALUSEPERNUT PAGE 6 OF 23 to the east boundary of the development. The District will also provide signal inspection, and will contribute a portion of the design fee. Submit the signal design to District staff for approval prior to construction. The applicant shall also widen the approach to Eagle Road to provide two westbound left turn lanes, and one westbound through/right-turn lane. Should the ACHD roadway project to extend Pine Avenue from Eagle Road to Cloverdale Road occur prior to this development, all features related to Pine Avenue are to be constructed by the applicant prior to final plat approval, or the cost therefor paid to the District. Specifically, this includes the extra left-turn lanes onto and off of Eagle Road and into the full access driveway from Pine A venue into the development. 4. Prior to final plat approval, construct Pine A venue as a 28-foot street section from the project's eastern property line to Eagle Road abutting the entire subdivision. Coordinate the roadway design with District staff. 5. Prior to final plat approval, construct a five-foot sidewalk on Pine Avenue from the project's eastern property line to Eagle Road abutting the entire subdivision. 6. Construct a right-in/right-out driveway on Pine Avenue a minimum I 75-feet east of Eagle Road, limited to a driveway width of 3D-feet. The minimum storage length shall be IOO-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine A venue. A median island shall be installed in Pine Avenue from the stop bar at Eagle Road to a point 50-feet east of the driveway. 7. Construct a full access driveway on Pine Avenue as proposed approximately 340- feet east of Eagle Road, limited to 30-feet of driveway width. The minimum storage length should be IOO-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. 8. Construct a full access driveway on Pine Avenue as proposed approximately 620- feet east of Eagle Road, limited to a driveway width of30-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. 9. Other than the access points specifically approved with this application, direct lot or parcel access to Pine Avenue is prohibited. 10. Other than the previously approved driveways on Presidential Drive, direct lot or parcel access to Presidential Drive is prohibited. The approved driveways shall be: · located 175-feet east of Eagle Road. The driveway width shall be limited to 30- feet, with the minimum storage length of 50-feet. Install a 36" by 3611 high intensity STOP sign at the driveway's intersection with Presidential Drive. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 23 · located at the midpoint (340-feet from Eagle Road) between Eagle Road and the project roadway in front ofthe stores. The driveway width shall be limited to 30-feet, with the minimum storage length of 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. · located 620-feet east of Eagle Road. The driveway width shall be limited to 30- feet, with the minimum storage length of 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 11. Prior to any occupancy within Presidential Subdivision, construct and install traffic calming facilities on Presidential Drive beginning at the eastern property line of the development and extending through the intersection with Fillmore Way. Coordinate the design and placement ofthe calming facilities with District staff and the Crossroads Subdivision Owners Association. 12. Create a vehicular way behind the pads fronting on Fairview Avenue and Eagle Road (approximately 100-feet into the site) to cormect Records Drive and Pine Avenue. Install curb returns at the intersections of this vehicular way with Records Drive and Presidential Drive. Install STOP signs on the access aisles intersecting with this vehicular way and install STOP signs on the vehicular way at its intersections with Records Drive, the five major driveways into the site, Presidential Drive and Pine Avenue. Coordinate the location of the vehicular way with District staff. 13. Provide a recorded cross access easement among all of the lots in the subdivision for access to the public streets prior to final plat approval. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 23 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days ofthe action and shall include a minimum fee of$110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. lfthe Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road hnpact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual. lSPWC 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. 5. The applicant shall submit revised plans for staff approval. prior to issuance of building permit (or other required permits). which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. 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. 9. Any change by the applicant in the planned use of the property which is the subject oftms application, shall require the applicant to comply with all rules, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 23 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. E. Adopt the Recommendations of Sanitary Service as follows: 1. Insure that a minimum 10' clearance shall be inside the opened enclosure gates. F. Adopt the action of the City Council taken at their May 27,2003 meeting as follows: 1. For clarification, the revised Site Plan and Landscape Plan for this project are dated: Re-Submitted 05.15.03 and Received May 16,2003 City 0 fM eridian City Clerk Office. 2. The owner's representative, Russell Wolfe, has provided a clarification letter dated May 15, 2003, but they are in agreement with the Plmming and Zoning Commission's Recommendations. Said letter is on file with the City Clerk's office, 33 E. Idaho Street, Meridian, Idaho. 13. It is found that the subject property is large enough to accommodate the required open spaces, parking, landscaping and other features required by the ordinance. The modifications to the site plan, landscaping and parking plans, in order to be in compliance with the MCC, have been made as follows: a. All landscaping adjacent to parking and drive aisles are at least five feet in width and have at least one tree (2" caliper) for every 35 lineal feet pursuant to MCC 12-13-11 2 B&C and 12-13-113 E. b. There are no more than 12 parking stalls in a row with interior landscape islands (measuring at least 5' in width, 50 square feet in size, with at least one tree) pursuant to MCC 12-13-11-3 C. 14. The current Comprehensive Plan Land Use Map designates the property as "Commercial" and it is zoned I-L (with an approved CUP). It is found that the requested use is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 23 in compliance with the approved Future Lane Use Map and that if approved as a CUP the project will be in compliance with the MCC. 15. It is found that the proposed development will not adversely change the essential character of the general vicinity and will be harmonious with the intended character of the same area. 16. It is not anticipated that the proposed use will have an adverse impact on other properties within the vicinity. 17. It is found that the proposed development can be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer. 18. That the proposed bank use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare ofthe community. 19. It is not anticipated that the proposed use will be detrimental to the general welfare of the community by means of increased traffic, noise, smoke fumes, glare or odors generated by the use. 20. It is found that the proposed use will not create significant interference with traffic on the surrounding public streets. 21. It is found 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 by the issuance of this conditional use. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 23 CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establislnnent 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 9 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 23 other uses in the general neighborhood and with the existing or intended character ofthe 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 oftbe approval imposed, will not adversely affect otber property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or bistoric feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Light Industrial (I-L), 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 g 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 oftbis 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." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONALUSEPERNUT PAGE 13 OF 23 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code g 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 ofthe 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 PAGE 14 OF 23 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a bank with a drive-thru in an I-L zone located on Lot 1, Block 1, Presidential Subdivision, on the southeast comer ofE. Presidential Drive and N. Eagle Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Plarming and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL 1. Sanitary sewer and water service shall be from existing main lines on the property. Applicant shall be responsible for the relocation of the existing water main that is in conflict with the proposed building. The existing easement associated with the water main shall be vacated and new easement shall be dedicated prior to the issuance of an occupancy permit for the new bank facility. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 3. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 23 5. The linearly arranged parking lots on the east and west side ofthe property shall be revised to include landscape islands pursuant to MCC 12-13-11, thereby reducing the number of parking stalls linearly arranged to less than twelve in a row pursuant to MCC 12-13-11- 3C. All parking shall be striped and improved in accordance with the Meridian City Code. 6. Revise the landscape plan in the following manner: (A) Include one tree for every thirty-five lineal feet lying adjacent to the perimeter of the property (adjacent to the south and eastern side of the property). (B) Revise the perimeter landscape buffer on the southern side of the property to include at least a five foot (5') wide landscape buffer adjacent to the parking and drive aisle. (C) Include landscape islands in the east and west side of the parking lots in accordance with the MCC as noted above (#5) 7. Ten copies of a revised site plan and landscaping plan have been submitted to the City Clerk's office for this project. 8. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog 0 fStorm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form ofa letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and inigation). A bid must accompany any request for temporary occupancy. B. Adopt the Recommendations of the Meridian Fire Department as follows; 1. Provide a fire-flow per the Uniform Fire Code Appendix III-A to service the proj ect. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance ofthe water supply for fire protection will be by the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 23 Water Department. 3. All roads shall have a turning radius of28' inside and 48' outside. 4. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2.1 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. Provide a vertical clearance of 13 '6" in drive thru areas. The developer has indicated that a 20' fire lane will be provided on the South edge of the project, thereby allowing a 12' canopy to be used only for bank customers. The curb in this area will be required to be signed "No Parking Fire Lane". C. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quali ty. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. D. Adopt the Recommendations of ACHD as follows: Site Specific Requirements: 1. Comply with all requirements associated with MCUP-17-98, as approved on September 23, 1998. 2. Comply with requirements ofITD for Eagle Road (State Highway 55) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval ofthe final plat or issuance of a building permit (or other required permits), FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 23 !.. whichever occurs first. Contact District III Traffic Engineer Lance Johnson at 334- 8340. 3. Prior to final plat approval, the applicant shall enter into a development agreement for the design and construction of the traffic signal at Eagle Road and Pine Avenue, and any associated improvements. The applicant shall provide and install Opticom device (an optical communication device for emergency vehicle pre-emption of the signal operation) as part of the signal installation. The District will provide the materials for the signal (with the exception of the Opticom device) as its share of the entire Pine Avenue construction from Eagle Road to the east boundary of the development. The District will also provide signal inspection, and w1ll contribute a portion of the design fee. Submit the signal design to District staff for approval prior to construction. The applicant shall also widen the approach to Eagle Road to provide two westbound left turn lanes, and one westbound through/right-turn lane. Should the ACHD roadway project to extend Pine Avenue from Eagle Road to Cloverdale Road occur prior to this development, all features related to Pine Avenue are to be constructed by the applicant prior to final plat approval, or the cost therefor paid to the District. Specifically, this includes the extra left-turn lanes onto and off of Eagle Road and into the full access driveway from Pine Avenue into the development. 4. Prior to final plat approval, construct Pine Avenue as a 28-[00t street section from the project's eastern property line to Eagle Road abutting the entire subdivision. Coordinate the roadway design with District staff. 5. Prior to final plat approval, construct a five-foot sidewalk on Pine Avenue from the project's eastern property line to Eagle Road abutting the entire subdivision. 6. Construct a right-in/right-out driveway on Pine Avenue a minimum 175-feet east of Eagle Road, limited to a driveway width of30-feet. The minimum storage length shall be lOO-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. A median island shall be installed in Pine Avenue from the stop bar at Eagle Road to a point 50-feet east of the driveway. 7. Construct a full access driveway on Pine Avenue as proposed approximately 340-feet east of Eagle Road, limited to 30-feet of driveway width. The minimum storage length should be lOO-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 23 ( 8. Construct a full access driveway on Pine Avenue as proposed approximately 620-feet east of Eagle Road, limited to a driveway width of30-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. 9. Other than the access points specifically approved with this application, direct lot or parcel access to Pine Avenue is prohibited. 10. Other than the previously approved driveways on Presidential Drive, direct lot or parcel access to Presidential Drive is prohibited. The approved driveways shall be: · located 17S-feet east of Eagle Road. The driveway width shall be limited to 30- feet, with the minimum storage length of 50-feet. Install a 36" by 3611 high intensity STOP sign at the driveway's intersection with Presidential Drive. · located at the midpoint (340-feet from Eagle Road) between Eagle Road and the project roadway in front of the stores. The driveway width shall be limited to 30-feet, with the minimum storage length of 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. · located 620-feet east of Eagle Road. The driveway width shall be limited to 30- feet, with the minimum storage length of 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 11. Prior to any occupancy within Presidential Subdivision, construct and install traffic calming facilities on Presidential Drive beginning at the eastern property line of the development and extending through the intersection with Fillmore Way. Coordinate the design and placement of the calming facilities with District staff and the Crossroads Subdivision Owners Association. 12. Create a vehicular way behind the pads fronting on Fairview Avenue and Eagle Road (approximately IOO-feet into the site) to connect Records Drive and Pine Avenue. Install curb returns at the intersections of this vehicular way with Records Drive and Presidential Drive. Install STOP signs on the access aisles intersecting with this vehicular way and install STOP signs on the vehicular way at its intersections with Records Drive, the five major driveways into the site, Presidential Drive and Pine Avenue. Coordinate the location of the vehicular way with District staff. 13. Provide a recorded cross access easement among all ofthe lots in the subdivision for access to the public streets prior to final plat approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONALUSEPERNrrT PAGE 19 OF 23 Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration ofthe Commission's action shall be made in writing to the Plarming and Development Supervisor within six days ofthe action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 23 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verifY all existing utilities within the right- of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. 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. E. Adopt the Recommendations of Sanitary Service as follows: 1. Insure that a minimum 10' clearance shall be inside the opened enclosure gates. F. Adopt the action ofthe City Council taken at their May 27,2003 meeting as follows: 1. For clarification, the revised Site Plan and Landscape Plan for this project are dated: Re-Submitted 05.15.03 and Received May 16, 2003 City of Meridian City Clerk Office. 2. The owner's representative, Russell Wolfe, has provided a clarification letter dated May 15, 2003, but they are in agreement with the Planning and Zoning Commission's Recommendations. Said letter is on file with the City Clerk's office, 33 E. Idaho Street, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 23 ( 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Plaillling and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial 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 . /) -r-{. ( (/ ~ day of V~ ,2003. ROLLCALL: COUNCILMAN KEITH BIRD VOTED$vL COUNCILWOMAN TAMMY deWEERD VOTED~r.- COUNCILWOMAN CHERIE Mc CANDLESS VOTED~~ COUNCILMAN WILLIAM L.M. NARY VOTED ~PL-' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 23 MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 6-/0-tJ3 VOTED -- MOTION: APPROVED:----A- DISAPPROVED: f$)~ MavRf, ~~bert D. Corrie \\\\(tl 1/11111, ",\\~c Of MERlO, f/I/// " /..... -. ~ 'l " ~, 0 -lA. ........ ~ Ci o'f\l' ,R-'1/; 'f/" "/ 2 _'>..0 <'u ~ g ~ ~ Attest: Q~;'l~'L r,;.')1i:l... William G. Berg, Jr., City erk _ 7/ r./;?- -;. "'0. o,;J 0 .:::: ~"10 us} 15'\ . ..(-.:2 Copy served upon Applicant, Planning ~ 7;M~ 5P~~iti, Public Works D d h C. A ..../1/ Ul) T \, \,\' epartment an t e Ity ttomey. 1111~\P,"rlrW~)\\ \\" ru.tl,H\.!. 111I ,\\ Or fVlt:,~f^ III " "-\ J 1'(.N II " ~ ~4 'l " 0' DO'" ''1- "'.- ~ 0<0. "41'; S :::: ,0 <'A -;. .... ~ v .... ByA~~~~! SEAbat~ ~-(;?---C3 City Clerk ~ 7c.-Q .{1 0 ~ ~"10 U8}15'\' .y:;.:2 "/.... :.:7 ;9~) \, -.::;. / -1 . .\' " ........ Co "\,' //1/ UNT't, \\.,\' 1IIIIIflU liJ11\\\\\\\ Z:\Work\M\Meridian\Meridian 15360M\Washington Trust Bank CUP 03 01 ll\FJC1sCUP03-01 8.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 23 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) RUSS WOLFE, FOR A CONDITIONAL USE PERMIT) FOR A BANK WITH A DRIVE-THROUGH IN AN ) I-L ZONE, LOCATED ON LOT 1, BLOCK 1, ) PRESIDENTIAL SUBDIVISION, ON THE SOUTH- ) EAST CORNER OF E. PRESIDENTIAL DRIVE AND ) N. EAGLE ROAD, MERIDIAN, IDAHO ) ) ) C/C 05-27-03 CASE NO. CUP-03-0I8 ORDER OF CONDITIONAL APPROV AL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the zih day of May, 2003, for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant, Russ Wolfe, is granted a conditional use for a bank with a drive- through in an I-L zone, located on Lot 1, Block 1, Presidential Subdivision, on the southeast comer of E. Presidential Drive and N. Eagle Road, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 2. That the above named applicant is granted a conditional use permit for a bank with a drive- through in an I-L zone, located on Lot 1, Block 1, Presidential Subdivision, on the southeast comer ofE. Presidential Drive and N. Eagle Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - RUSS WOLFE FOR WASHINGTON TRUST BANK (CUP-03-0 18) PAGE 1 OF9 CONDITIONS OF APPROVAL 1. Sanitary sewer and water service shall be :from existing main lines on the property. Applicant shall be responsible for the relocation of the existing water main that is in conflict with the proposed building. The existing easement associated with the water main shall be vacated and new easement shall be dedicated prior to the issuance ofan occupancy permit for the new bank facility. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or othelWise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 3. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 5. The linearly arranged parking lots on the east and west side ofthe property shall be revised to include landscape islands pursuant to MCC 12-13-11, thereby reducing the number of parking stalls linearly arranged to less than twelve in a row pursuant to MCC 12-13-11- 3C. All parking shall be striped and improved in accordance with the Meridian City Code. 6. Revise the landscape plan in the following manner: (A) Include one tree for every thirty-five lineal feet lying adjacent to the perimeter of the property (adjacent to the south and eastern side ofthe property). (B) Revise the perimeter landscape buffer on the southern side of the property to include at least a five foot (5') wide landscape buffer adjacent to the parking and drive aisle. (C) Include landscape islands in the east and west side of the parking lots in accordance with the MCC as noted above (#5) 7. Ten copies of a revised site plan and landscaping plan have been submitted to the City Clerk's office for this project. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - RUSS WOLFE FOR WASHINGTON TRUST BANK (CUP-03-0 18) PAGE 2 OF 9 8. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog 0 f Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form 0 f a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. B. Adopt the Reconunendations of the Meridian Fire Department as follows: 1. Provide a fire-flow per the Uniform Fire Code Appendix ill-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All roads shall have a turning radius of28' inside and 48' outside. 4. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2.1 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. Provide a vertical clearance of 13 '6" in drive thru areas. The developer has indicated that a 20' fire lane will be provided on the South edge of the project, thereby allowing a 12' canopy to be used only for bank customers. The curb in this area will be required to be signed "No Parking Fire Lane". C. Adopt the Reconunendations of Central District Health Department as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - RUSS WOLFE FOR WASHINGTON TRUST BANK (CUP-03-0 18) PAGE 3 OF 9 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. D. Adopt the Recommendations of ACHD as follows: Site Specific Requirements: 1. Comply with all requirements associated with MCUP-17-98, as approved on September 23, 1998. 2. Comply with requirements oflTD for Eagle Road (State Highway 55) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval ofthe final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Lance Johnson at 334-8340. 3. Prior to final plat approval, the applicant shall enter into a development agreement for the design and construction of the traffic signal at Eagle Road and Pine Avenue, and any associated improvements. The applicant shall provide and install Opticom device (an optical communication device for emergency vehicle pre-emption of the signal operation) as part of the signal installation. The District will provide the materials for the signal (with the exception of the Opticom device) as its share of the entire Pine Avenue construction from Eagle Road to the east boundary of the development. The District will also provide signal inspection, and will contribute a portion of the design fee. Submit the signal design to District staff for approval prior to construction. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - RUSS WOLFE FOR WASHINGTON TRUST BANK (CUP-03-0 18) PAGE 4 OF9 The applicant shall also widen the approach to Eagle Road to provide two westbound left turn lanes, and one westbound through/right-turn lane. Should the ACHD roadway project to extend Pine Avenue from Eagle Road to Cloverdale Road occur prior to this development, all features related to Pine Avenue are to be constructed by the applicant prior to final plat approval, or the cost therefor paid to the District. Specifically, this includes the extra left-turn lanes onto and off of Eagle Road and into the full access driveway from Pine Avenue into the development. 4. Prior to final plat approval, construct Pine Avenue as a 28-foot street section from the project's eastern property line to Eagle Road abutting the entire subdivision. Coordinate the roadway design with District staff. 5. Prior to final plat approval, construct a five-foot sidewalk on Pine Avenue from the project's eastern property line to Eagle Road abutting the entire subdivision. 6. Construct a right-inlright-out driveway on Pine Avenue a minimum 175-feet east of Eagle Road, limited to a driveway width of30-feet. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. A median island shall be installed in Pine Avenue from the stop bar at Eagle Road to a point 50-feet east of the driveway. 7. Construct a full access driveway on Pine Avenue as proposed approximately 340- feet east of Eagle Road, limited to 30-feet of driveway width. The minimum storage length should be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. 8. Construct a full access driveway on Pine Avenue as proposed approximately 620- feet east of Eagle Road, limited to a driveway width of30-feet. Install a 3611 by 3611 high intensity STOP sign at the driveway's intersection with Pine Avenue. 9. Other than the access points specifically approved with this application, direct lot or parcel access to Pine Avenue is prohibited. 10. Other than the previously approved driveways on Presidential Drive, direct lot or parcel access to Presidential Drive is prohibited. The approved driveways shall be: . located 175-feet east of Eagle Road. The driveway width shall be limited to 30- feet, with the minimum storage length of 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - RUSS WOLFE FOR WASHINGTON TRUST BANK (CUP-03-018) PAGE 5 OF 9 . located at the midpoint (340-feet from Eagle Road) between Eagle Road and the project roadway in front of the stores. The driveway width shall be limited to 30-feet, with the minimum storage length of 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. . located 620-feet east of Eagle Road. The driveway width shall be limited to 30- feet, with the minimum storage length of 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 11. Prior to any occupancy within Presidential Subdivision, construct and install traffic calming facilities on Presidential Drive beginning at the eastern property line of the development and extending through the intersection with Fillmore Way. Coordinate the design and placement of the calming facilities with District staff and the Crossroads Subdivision Owners Association. 12. Create a vehicular way behind the pads fronting on Fairview Avenue and Eagle Road (approximately 100-feet into the site) to connect Records Drive and Pine Avenue. Install curb returns at the intersections of this vehicular way with Records Drive and Presidential Drive. Install STOP signs on the access aisles intersecting with this vehicular way and install STOP signs on the vehicular way at its intersections with Records Drive, the five major driveways into the site, Presidential Drive and Pine Avenue. Coordinate the location of the vehicular way with District staff. 13. Provide a recorded cross access easement among all of the lots in the subdivision for access to the public streets prior to final plat approval. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACED Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - RUSS WOLFE FOR WASHINGTON TRUST BANK (CUP-03-0 18) PAGE 6 OF 9 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of$110.00. The request for reconsideration shall specificallY identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified ofthe date and time ofthe Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also !mown as Ada COlmty Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. 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 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - RUSS WOLFE FOR WASHINGTON TRUST BANK (CUP-03-018) PAGE 7 OF 9 upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. 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. E. Adopt the Recommendations of Sanitary Service as follows: 1. Insure that a minimum 10' clearance shall be inside the opened enclosure gates. F, Adopt the action of the City Council taken at their May 27,2003 meeting as follows: 1. For clarification, the revised Site Plan and Landscape Plan for this project are dated: Re-Submitted 05.15.03 and Received May 16, 2003 City 0 f Meridian City Clerk Office. 2. The owner's representative, Russell Wolfe, has provided a clarification letter dated May 15, 2003, but they are in agreement with the Planning and Zoning Commission's Recommendations. Said letter is on file with the City Clerk's office, 33 E. Idaho Street, Meridian, Idaho. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code ~ 11-17-8, a copy of which is attached to the permit. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - RUSS WOLFE FOR WASHINGTON TRUST BANK (CUP-03-018) PAGE 8 OF 9 By action of the City Council at its regular meeting held on the /t)t!:.day of J~ 2003. ~Ca~~ Ro ert D. C me, Mayor City of Meridian \1\1\l11I1JI//J. \\\\ M 'II; ",\\-{ Of Ef?/D~ /;;~/ .....' ~ ~~.1 .......... ~ h,~ ~ j........a :lpr,pon/l~6"1.- /\ ~- ~ ::: ::. - - v____ . ::::. -_ ....".,.., ~ ,. is J21fd..l -- William G. Berg, Jr., City ler ~ (.) ~ - ~ 0- :"vQ 0$>02 S '"Po uS/1S\' ,~2' "/, ~ ~y... ': Copy served upon Applicant, the Planni<<g;11~lJli:ng,Dffi,'a'hment, Public Works Denartment . III \\' \\\I\lHlfil/l and Clty Attorney. 1II/I/IlIHIII\ \,\\\IOf Ml::"Q 1111;; "" -{ iC, ,10 1'1,.. "0 ~ 0'/ $.... (j o\,\FOr?.! >- /1-- ~ Dated: 6-/2- -&1 3 f ~c; ll.b \ Attest: By~~k~lt) City Clerk .. SEAL Z:\Work\M\Meridian\Meridian 15360M\Washington Trust Bank CUP 03 018\CUPOrder.doc -"Y~ &_ -;.. Qv ,.s> 0 ::: ~ "'PO '&1' 1S\ ' ~ 2' '/ ".4 t;f. $' -//,.. . a \". \".... //;; OUNT'!. ",\ lIlt 11\ 11I1I111l\\\\1 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - RUSS WOLFE FOR WASHINGTON TRUST BANK (CUP-03-0 18) PAGE 9 OF 9 10 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR APPROVAL FOR THE USE OF LOT 2 BLOCK 1 IN INGLENOOK SUBDIVIVISION FOR A TEMPORARY SALES OFFICE/MODEL HOME FOR INGLENOOK DEVELOPMENT, LOCATED AT 2720 SOUTH LOCUST GROVE ROAD, MERIDIAN, IDAHO BY: INGLENOOK DEVELOPMENT, APPLICANT C/C OS/27/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. MI-03-008 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO ALLOW A TEMPORARY SALES OFFICE/MODEL HOME The above entitled matter coming on regularly for public hearing before the City Council on May 27,2003, at 7:00 o'clock p.m. at the Meridian City Hall located at 33 East Idaho, and Brad Hawkins-Clark Planner III for the Planning and Zoning Department, and Ashley Ford, appeared and testified, and the City Council having received a report from Sonya Allen Planner I for the Plalll1ing and Zoning Department, and the City Council having received testimony as part of the record of this matter, and the applicant having submitted his application for a request for approval for use of Lot 2 Block 1 in Inglenook Subdivision for a temporary sales office/model FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR USE OF LOT 2 BLOCK 1 IN INGLENOOK SUBDIVISION FOR A TEMPORARY SALES OFFICE! MODEL HOME FOR INGLENOOK DEVELOPMENT - (MI-03-008) PAGE 1 OF6 home for Inglenook Development, located at 2720 South Locust Grove, Meridian, and which application is herein received and adjudged by the City Council pursuant to Meridian City Code 9 8-2-5, and being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows: FINDINGS OF FACT 1. The property is generally located at 2720 South Locust Grove Road, Meridian, Idaho. 2. The applicant of the subject property is Inglenook Development whose address is 701 South Allen Street, Ste. 104, Meridian, Idaho 83642. 3. The owner ofrecord of the subject property is same as the applicant. 4. The location of the subject property is presently located in an R-4 zone, and which subject temporary sales office/mode home will be located on Lot 2 Block 1 of Inglenook Subdivision. The applicant has submitted a vicinity map and/or site plan showing the location of the proposed temporary sales office/model home, which is on file in the City Clerk's office located at 33 E. Idaho Street, Meridian, Idaho. 5. The legal description of the property is on file in the City Clerk's office which is located at 33 East Idaho Street, Meridian, Idaho. 6. The applicant, Inglenook Development, has requested approval to convert an existing, attached, three car garage to a temporary sales office/model home use in Inglenook Subdivision. The office will have one to two staff members on site for seven days a week, 8:00 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR USE OF LOT 2 BLOCK 1 IN INGLENOOK SUBDIVISION FOR A TEMPORARY SALES OFFICE/ MODEL HOME FOR INGLENOOK DEVELOPMENT - (MI-03-008) PAGE 2 OF 6 am to 5:00 pm. No specific time period was proposed with the application. The lot (Lot 2, Block 1) is zoned R-4 and is located on the east side ofS. Locust Grove Road, approximately % mile south of E. Overland Road. 7. This miscellaneous application is only for approval to allow a temporary sales office/model home on Lot 2 Block 1 of Inglenook Subdivision. 8. Title 11, Chapter 8 of the Meridian City Code (Schedule of Use Control) prohibits Professional and Sales Office uses in the R-4 district. Unless a Planned Development specifically proposes a sales office as part of the application, the MCC does not permit these uses outright. The City has allowed sales office uses that are restricted to the sale of residential lots and/or dwelling units within the subdivision for which the sales are intended. A sales office/model home was not applied for as part of the original submission ofthe application. Therefore, staff required a Miscellaneous Application (M!) to be submitted for the otherwise prohibited or conditional use. 9. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed application for approval to allow a temporary sales office/model home on Lot 2 Block 1 of Inglenook Subdivision will not impose expense upon the public if the following conditions of approval are imposed: Adopt the Recommendations of the Planning and Zoning staff as follows: 1. 2. The subdivision is permitted to have no more than one temporary use. The front yard shall be landscaped and inigated prior to occupancy. FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR USE OF LOT 2 BLOCK 1 IN INGLENOOK SUBDIVISION FOR A TEMPORARY SALES OFFICE/ MODEL HOME FOR INGLENOOK DEVELOPMENT - (MI-03-008) PAGE 3 OF 6 3. The applicant shall be responsible for providing adequate off street parking for the employees. One wall sign is allowed for the temporary sales office. The sign shall be limited in size to 18% of the wall area. No other signs shall be permitted. A separate sign permit is required if signage is proposed. Sanitary sewer service and domestic water service shall be hooked-up for the proposed use. An assessment for sewer and water service will be determined during the building permit application process. The time frame for the sales and information use is for a period of 24 months. lfthe Applicant requires an extension of this permitted period, it is recommended that they submit a status of their plans to the Planning and Zoning Department after 24 months of operation (starting from the date of occupancy). The City Council must approve of any time extension beyond 30 months. 4. 5. 6. Adopt the Recommendations of the Meridian Fire Department as follows: 1. A fire flow consistent with Uniform Fire Code Appendix ill-A shall be provided to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 CONCLUSIONS OF LAW 1. Approval ofthis request to use Lot 2 Block 1 in Inglenook Subdivision for a temporary sales office/model home, is based upon the information provided by the applicant on the temporary sales office/model home, and which the temporary sales office/model home is to be located on Lot 2 Block 1 of Inglenook Subdivision at 2720 South Locust Grove Road, Meridian, Idaho. The applicant is required to comply with the conditions as stated in Findings of Fact No.9 above. FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR USE OF LOT 2 BLOCK 1 IN INGLENOOK SUBDIVISION FOR A TEMPORARY SALES OFFICE! MODEL HOME FOR INGLENOOK DEVELOPMENT - (MI-03-008) PAGE 4 OF 6 DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code ~ 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. That the applicant is granted approval to use Lot 2 Block I in Inglenook Subdivision for a temporary sales office/model home at 2720 South Locust Grove Road, Meridian, Idaho; and that the applicant shall be required to comply with all the above conditions and requirements of staff and/or governmental entities. ~ action of the City Council at its regular meeting held on the IOf6.- day of d I/v}~ ,2003. ROLL CALL COUNCILMAN BIRD VOTED~VL-- COUNCILWOMAN deWEERD VOTED ~ COUNCILMAN NARY VOTED~ VOTED~ COUNCILWOMAN McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED ~ Mayor Robert D. Corrie FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR USE OF LOT 2 BLOCK 1 IN INGLENOOK SUBDIVISION FOR A TEMPORARY SALES OFFICE/ MODEL HOME FOR INGLENOOK DEVELOPMENT - (MI-03-008) PAGE 5 OF 6 \\\\d~~i;Ltl!11 \\\ r::: ':' ~r- I//t "\~1 Or IV;Cr"'f/). '/// ~ , '~I~.~- ~ .....,' 0 .-.::~:.""~-..._, ~~"~~:~ ...~;.. ~..... (j Of.Y0}"i/~ l;~ "'-......:./ ~..:. ~ ~c; '0 -;:. .::: '" ::: ~ ~ SEAL Attest: </Q. t,;;!) 0 g ~ l"^ u,sr 1S1: . ..{" ~ ", '\../ ~.... '" '/.... ""1 ...0'\ ,'- ..../ C \V ," /1/11 aUNTi. \\\" Copy served upon Applicant, the Planning ar:lrll!oni111lg''f)~partment, Public Works :qKmmmYtnt and C. A \\\\ JIll Ity ttomey. "\\.1 Of MER/I'> 11/1 ,...." ~ '\ 'v~ II........ .:::' c} t\pop ~ - 71t- ........ ~ cP ''''i~ ~ ~.:f 0 S - - By J;P<--:b.~1 ~ City Clerk Dated: 6-/2 -03 - Z:\Work\M\Meridian\Meridian 15360M\Inglenook Model Home MI 03 008\FfCls0rdMI-03-008.doc FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR USE OF LOT 2 BLOCK 1 IN INGLENOOK SUBDIVISION FOR A TEMPORARY SALES OFFICE/ MODEL HOME FOR INGLENOOK DEVELOPMENT - (MI-03-008) PAGE 6 OF 6 je ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO a6113/a3 02:23 PM DEPUTY Bonnie OberbiJlig RECORDED-REQUEST OF Meridian City .~MOUNT .on 7 Ill/Ill III/I r 111111111111111111111111 183897618 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR ) VACATION OF EXISTING EASEMENTS IN ) CRESTWOOD SUBDIVISION NO.1 BY PLATS) OF HA V ASU CREEK SUBDIVISION NO.S 1, 2, ) AND 3, LOCATED WEST OF NORTH LOCUST) GROVE ROAD BETWEEN WEST USTICK ) ROAD AND McMILLAN ROAD, MERIDIAN, ) ID~O ) ) ) ) ) FARWEST, LLC APPLICANT. C/C OS/27/03 CASE NO. V AC-03-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION OF EXISTING EASEMENTS This matter coming on regularly before the City Council at its regular meeting on the 27th day of May, 2003, at the hour of7:00 p.m., and Brad Watson, City Engineer, Richard Cook, John William White, Oliver Palmer, and Justin Martin, appeared and testified at the hearing, and the Council having received the record from the Planning and Zoning Commission and its recommendations to the City Council, and no objection having been received makes the following Findings of Fact and Decision and Order. Findings of Fact and Conclusions of Law and Order ofYacation of Existing Easements in Crestwood Subdivision No.1 by plats ofHavasu Creek Subdivision No.s 1,2 and 3 V AC-03-002 PAGE 1 OF 7 STATEMENT OF LEGAL AUTHORITY AND JURISDICTION CONCLUSIONS OF LAW 1. Easements shall be vacated in the same manner as streets. {LC. 9 50-1325}. 2. The vacation of easements were accepted as part of a platted subdivision shall be vacated pursuant to the provision of Chapter 13, Title 50 Idaho Code {LC. 9 40- 203 (6)}. 3. Any person, firm, association, corporation or other legally recognized form of business desiring to vacate a part of a plat which is inside the boundaries of any City must petition the City Council to vacate. Any person, persons, firm, association, corporation or other legally recognized form of business desiring to vacate a plat or any part thereof which is inside or within one (1) mile ofthe boundaries of any city must petition the city council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; contain a legal description of the platted area or property to be vacated; the names of the persons affected thereby, and said petition shall be filed with the city clerk. Written notice of public hearing on said petition shall be given, by certified mail with return receipt, at least ten (10) days prior to the date of public hearing to all property owners within three hundred feet (300') of the boundaries of the area described in the petition. Such notice of public hearing shall also be published once a week for two (2) successive weeks in the official newspaper of the city, the last of which shall be not less than seven (7) days prior to the date of said hearing; provided, however, that in a proceeding as to the vacation of all or a portion of a cemetery plat where there has been no interment, or in the case of a cemetery being within three hundred feet (300') of another plat for which a vacation is sought, publication of the notice of hearing shall be the only required notice as to the property owners in the cemetery. When the procedures set fOl1h herein have been fulfilled, the city council may grant the request to vacate with such restrictions as they deem necessary in the public interest. In the case of easements granted for gas, sewer, water, telephone, cable television, power, drainage, and slope purposes, public notice of intent to vacate is not required. Vacation of these easements shall occur upon the recording of the new or amended plat, provided that all affected easement holders have been notified by certified mail, return receipt requested, of the proposed vacation and have agreed to the same in writing. {LC. 9 50-1306A (1), (2), (3) and (5)} Findings of Fact and Conclusions of Law and Order of Vacation of Existing Easements in Creshvood Subdivision No.1 by plats ofHavasu Creek Subdivision No.s 1,2 and 3 V AC-03-002 PAGE 2 OF 7 4. Pursuant to Meridian City Code SS 12-10-1 A and Band 12-10-2 A and B it provides.as follows: 12-10-1 APPLICATION PROCEDURE: 1. Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement shall complete and file an application with the Administrator. These provisions shall not apply to the widening of any street which is shown on this Comprehensive Development Plan, or the dedication of streets, rights of way or easements to be shown on a recorded subdivision. 2. Administrator Action: Upon receipt of the completed application, the Administrator shall affix the date of application acceptance thereon. The Administrator shall place the application on the agenda for consideration at the next regular meeting ofthe Commission which is held not less than fifteen (15) days after said date of acceptance. 12-10-2 COMMISSION AND COUNCIL ACTION: A. Commission Recommendation: The Commission shall review the request and all agency responses and make a recommendation to the Council for either an approval, conditional approval, or denial. 2. Council Action: 1. Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modifY the application. Whenever public rights-of-way or lands are vacated, the Council shall provide adjacent property owners with a quit-claim deed for the vacated rights of way in such proportions as are prescribed by law. 2. Street hnprovements; Bond: When considering an application for dedication procedures, the Council may approve, deny or modifY the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall fumish to the Council a deed describing and conveying such lands to be recorded with the County Recorder. Findings of Fact and Conclusions of Law and Order of Vacation of Existing Easements in Crestwood Subdivision No.1 by plats ofHavasu Creek Subdivision No.s 1,2 and 3 V AC-03-002 PAGE 3 OF 7 FINDINGS OF FACT 1. Farwest, LLC, on behalf of the owner, Marty Goldsmith, filed a petition for the vacation of existing easements in Crestwood Subdivision No.1 by the plats of Havasu Creek Subdivision No.'s 1,2 and 3 for the vacation of the common utility easements along the boundaries of the two lots in the county subdivision of Crestwood Subdivision, and the two lots of Crestwood Subdivision will be replatted under the Havasu Creek Subdivsion projects, as recorded in the Warranty Deed from Renata Moon, a married woman as her sole and separate property who acquired title as Renata Ham, to Marty Goldsmith, an unmarried person, recorded 02/26/03, as Instrument No. 103031427. Additionally, Marty Goldsmith, an unmarried man, as owner of the subj ect property, provided his consent by Affidavit of Legal Interest to Briggs Engineering, Inc.' s submission of the Vacation Application for the relinquishment of easement and agreement to vacation of the existing easement at Crestwood Subdivision No. ]. Copies of all pertinent information in this vacation application are on file in the City Clerk's office located at 33 E. Idaho Street, Meridian, Idaho. 2. The legal description of the existing easements along the lot lines to be re-platted, which is the subject ofthis petition, is: Those easements created by the recorded plat ofCrestwood Subdivision No.1 as described below: The North 20.00 feet of Lot 8, the South 5.00 feet of Lot 8, the North 5.00 feet of Lot 9, and the West 10.00 feet of Lot 8 and 9, all ofCrestwood Subdivision No.1, as recorded in Book 28 of Plats at pages 1757 and 1758, Ada County Recorder's Office. 3. The particular circumstances of the requested vacation is: The vacation of common utility easements along the boundaries of two lots in the county subdivision of Crestwood Subdivision, the two lots of Crestwood Subdivision need to be replatted under the Havasu Creek projects. 4. Written notice ofthe public hearing of this petition was given by certified mail with return receipt at least ten (10) days prior to the date of the public hearing to aU property owners within three hundred feet (300') of the boundaries of the area described in the petition, and such notice was also published once a week for two Findings of Fact and Conclusions of Law and Order of Vacation of Existing Easements in Crestwood Subdivision NO.1 by plats of Havasu Creek Subdivision No.s 1, Z and 3 V AC-03-00Z PAGE40F7 (2) successive weeks in the Idaho Statesman with the last publication which was not less than seven (7) days prior to the hearing. 5. All publication costs have been paid by the petitioner. 6. The requirements and/or conditions of the following entities shall be required as follows: a. The Meridian Fire Department has no objection to the proposal so long as a second point of access is being provided to all affected phases of Havasu Creek Subdivision No.s' 1,2 and 3 DECISION AND ORDER OF VACATION OF UTILITY EASEMENTS 1. Farwest, LLC, on behalf of the owner, Marty Goldsmith, filed a petition for the vacation of existing easements in Crestwood Subdivision No. 1 by the plats of Havasu Creek Subdivision No.'s 1,2 and 3 for the vacation of the common utility easements along the boundaries of the two lots in the county subdivision of Crestwood Subdivision, and the two lots of Crest wood Subdivision will be replatted under the Havasu Creek Subdivsion projects, as recorded in the Warranty Deed from Renata Moon, a married woman as her sole and separate property who acquired title as Renata Ham, to Marty Goldsmith, an unmarTied person, recorded 02/26/03, as Instrument No. 103031427. Additionally, Marty Goldsmith, an unmarried man, as owner ofthe subject property, provided his consent by Affidavit of Legal Interest to Briggs Engineering, Inc.' s submission of the Vacation Application for the relinquishment of easement and agreement to vacation of the existing easement at Crestwood Subdivision No.1. Copies of all pertinent information in this vacation application are on file in the City Clerk's office located at 33 E. Idaho Street, Meridian, Idaho. 2. This order shall not become effective unless, and until, Settler's Irrigation District consents in writing to the vacation or, said District agrees in writing that it has no jurisdiction over the irrigatiOn/drain ditch lying north of Lot 8, Crestwood Subdivision No.1, and copies of such documents are received by the City Clerk. Findings of Fact and Conclusions of Law and Order of Vacation of Existing Easements in Crestwood Subdivision NO.1 by plats ofHavasu Creek Subdivision No.s 1,2 and 3 V AC-03-002 PAGES OF? 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 967-6521 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 vacation 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 1015- day of ,TtvYvL , 2003. ROLL CALL COUNCILMAN BIRD VOTED ~ VOTED ~ VOTED ~v....... VOTED fjlev COUNCILWOMAN deWEERD COUNCILWOMAN Mc CANDLESS COUNCILMAN NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 6-10-03 VOTED Attest: ~ \\\\MaYQ)JjJ~obert D. Corrie \\\ C Mz:- III ....\\\ _. Of cfl!.^ 11/1 ........ ~ '\ VL4 1/ $''''' c} r>-POQ . ';1-- 'l... 2' cP ''-'1~ ~ ::: ~ 0 ~ - - = = - SE.l\ JJ - l': .""- ~ rX>"/ 2 Q ,,") ", ..... -:;.. - U<"'< . '..' .() .' ~ '(:) 1..) r 1C1, . n// "'>~ ::.:'" ~//. ;,y ~~~~-_.~'"' ","<';f'>"". ....-......:..'" Findings of Fact and Conclusions of Law and Ordhlfl. ' '~\\\\" of Vacation of Existing Easements in Crestwood Subdivision: Nd.,\f by plats of Havasu Creek Subdivision No.s 1, 2 and 3 V AC-03-002 PAGE 6 OF 7 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department d C. \\\\llltlJlII/ an Ity Attorney. ....\\\\\\\ Of Mj::~"'II/// " .,lo{ o....r(lDI. /, "'~, ~A.'l " (j' ~POt;lA '1' ~ 2 :i?,-cP '''''I/''~o S. :::" ~ DATED: 6-/2-tJ3 ~ Byol~A-~!~ City Clerk . ST ATE OF IDAHO, ) : ss. County of Ada. ) On this \ r;...~ day of ,2003, before me, the undersigned, a Notary Public in and for said State, ersonally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) .....u:tClEloll" .....ON SJl~.. ..~~~A~~.r~. ..tl!ll/,;,.. 0 ~~.;:... ""...to.. oIl"tI.) t "<V 'r-o . J , .. II I ~ III .. I I .. .. \ I ill 11\ \ I li1 _ '" C t f1 .. .n.... br_~ ~/o. U. ...~ UtlL-'.." . ..?:.t~----..<I .. ..~.cOF ~... ~C1..."" 211CU1 ff(~I/;[L - Notary Public for ldaho Commission Expires: 1- zS' - 05 Z:\Work\M\Meridian\Meridian I 5360M\Havasu Creek Sub Nos] 2 and 3 VAC 03 002\FfCIOrdVacSewerEasemt.doc Findings of Fact and Conclusions of Law and Order of Vacation of Existing Easements in Crestwood Subdivision No.1 by plats ofHavasu Creek Subdivision No.s 1,2 and 3 V AC-03-002 PAGE 7 OF 7 ..d. / ~> ~ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REQUEST FOR APPROVAL TO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE 2 IN C-G, R-40, AND C-N ZONES FOR FAIRVIEW LAKES, LOCATED AT 824 EAST FAIRVIEW AVENUE, MERIDIAN, IDAHO BY: FAIRVIEWLAKES, LLC, APPLICANT C/C OS/27/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. MI-03-007 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE 20F FAIRVIEW LAKES The above entitled matter coming on regularly for public hearing before the City Council on May 27,2003, at 7:00 o'clock p.m. at the Meridian City Hall located at 33 East Idaho, and Brad Hawkins-Clark Planner III for the Planning and Zoning Department, Anna Powell Planning Director for the Planning and Zoning Department, and Doug Tamura, appeared and testified, and the City Council having received a report from David McKinnon of the Planning and Zoning Department, and the City Council having received testimony as part of the record of this matter, and the applicant having submitted her application for a request for approval to construct a temporary private road for the construction of Phase 2 ofFairview Lakes, and which application FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE 2 OF FAIRVIEW LAKES BY FAIRVIEW LAKES, LLC - MI-03-007 PAGE 1 OF6 is herein received and adjudged by the City Council pursuant to Meridian City Code S 8-2-5, and being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows: FINDINGS OF FACT 1. The property is generally located at 824 East Fairview Avenue, Meridian, Idaho. 2. The applicant of the subject property is Fairview Lakes, LLC whose address is 111 Auto Drive, Suite 102, Boise, Idaho 83709. 3. The owner of the subject property is Fairview Lakes, LLC whose address is 111 Auto Drive, Suite 102, Boise, Idaho 83709. 4. The location of the subject property is presently located in C-G, R-40 and C-N zones. The legal for the location ofthe proposed road is on file in the City Clerk's office located at 33 E. Idaho Street, Meridian, Idaho 83642. 5. The applicant, Fairview Lakes, LLC, has requested approval of a new temporary private street to be used during the construction of Phase 2 ofthe Fairview Lakes Planned Development (aka Devon Park II). The proposed private road will be built to ACHD standards and will be dedicated to ACHD upon recordation of the final plat. 6. This miscellaneous application is only for approval to construct a temporary private street that will be used during the construction of Phase 2 for construction of the office buildings for Fairview Lakes Planned Development. 7. The proposed private road will be an extension the previously approved road FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE 2 OF FAIRVIEW LAKES BY FAIRVIEW LAKES, LLC - MI-03-007 PAGE20F6 (North Lark Avenue) located on the north side ofFairview Avenue, approximately 12 mile east of Meridian Road. The applicant has revised the Planned Development site plan to decrease the number of apartment units, and to increase the number of office buildings. This section of road previously was located in the middle of the proposed apartment complex. Rather than wait for approval of the final plat, the applicant has proposed to build the road as a private road. This will allow the applicant to begin construction of buildings within the development without delay. 8. The roadway will be required to be dedicated to ACHD through the subdivision process (recording of the final plat) prior to occupancy of any ofthe buildings erected as part of Phase I or 2 of Fairview Lakes per the approved Conditional Use Permit. 9. The proposed temporary private street will take access off of the previously approved private road (N. Lark Avenue) on the north side of Fairview Avenue, approximately 12 mile east of Meridian Road. 10. The properties surrounding the subject project as follows: North: The Willows Subdivision, zoned R-8. South: Devon Park Phase 1, and carwash/service station, zoned C-G. East: Single family residences, zoned R-8. West: Manufactured Home Subdivision, zoned R-8. 11. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed application for approval to construct a temporary private road for the construction of Phase 2 ofFairview Lakes will not impose expense upon the public if the following conditions of approval are imposed: FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR AFPROV ALTO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE 2 OF FAIRVIEW LAKES BY FAIRVIEW LAKES, LLC - MI-03-007 PAGE 3 OF 6 Adopt the Recommendations and/or Considerations of the Planning and Zoning staff as follows: 1. The private street shall be constructed to ACHD design standards. The applicant shall coordinate the construction of the road with ACHD to ensure ACHD acceptance of the road as a public road in the future. 2. A blanket easement shall be provided on private road for City of Meridian sanitary sewer and water utilities. The utilities within the private street easement shall be designed to Public Works Department standards. 3. The final plat, dedicating the private road to ACHD as a public right-of-way, shall be recorded prior to occupancy of any building constructed as part of Phase 1 of the Fairview Lakes development. 4. Landscaping and other required roadside improvements (i.e. sidewalks, pathways, irrigation, curb, and gutter) adjacent to the temporary private road shall be installed as depicted on the approved landscape and site plans, prior to occupancy of any building constructed as part of Devon Park II. 5. The developer shall coordinate with the Ada County Highway District pertaining to a clearly designated pedestrian crossing for the pathway at all street crossings. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The Meridian Fire Department will need a fire access road. The Department will need a 20' wide access road to the building during all phases of construction. All parts of the building must be within 150' of the access road. The base will have to be a minimum of6" pit run with a top layer of2"of %" crushed graveL UFC 901.3 Adopt the Recommendations of Sanitary Service as follows: 1. Sanitary Service will place a hold on the project from their end until a more detailed plat is submitted for the 2. Trash enclosures were not shown on the detailed site plan for the office area, and will need to be addressed. FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR AFPROV ALTO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE 2 OF FAIR VIEW LAKES BY F AIRVIEW LAKES, LLC - MI-03-007 PAGE 4 OF 6 CONCLUSIONS OF LAW 1. Approval of this request for a private street is based upon the information provided by the applicant on the private street, and the private street will be dedicated to ACHD upon recordation of the final plat for the Fairview Lakes Subdivision, prior to occupancy of any ofthe buildings erected as part of Phase 2 ofFairview Lakes. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. That the applicant is granted approval to construct a temporary private road for the construction of Phase 2 of Fairivew Lakes by Fairview Lakes, LLC, for the property located at 824 East Fairview Avenue; and that the applicant shall be required to comply with all the above conditions and requirements of staff and/or governmental entities. 'll"ll~ By action of the City Council at its regular meeting held on the I f/ - day of \:.,/ fA,,-rtL. , 2003. ROLL CALL COUNCILMAN BIRD VOTED ~tr.-- COUNCILWOMAN deWEERD VOTED$~ COUNCILWOMAN McCANDLESS VOTED~ COUNCILMAN NARY VOTED~ FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROV ALTO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE 2 OF F AIRVIEW LAKES BY F AIRVIEW LAKES, LLC - MI-03-007 PAGE 5 OF 6 MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED - BY~~~ r; City Clerk tI ~ \\\\\1 III IIMQ.Nor Robert D. Corrie \\\ 10,"'- r, \\\ OC IWJ:::.fN,... 'I, " _I' IIU' I, " :<...... ''</' 'l :::.$' c} o\,\i'OR-4l"; '1,.-....% 2 _'..0 (:-0 -;. - ~ .." - - =: ~ Attest: - - - Dated: 6-12-03 - - - Z:\Work\M\Meridian\Meridian 15360M\Fairview Lakes Ml 03 007\FfClsOrdMI-03-007.doc FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO CONSTRUCT A TEMPORARY PRN ATE ROAD FOR THE CONSTRUCTION OF PHASE 2 OF FAIRVIEW LAKES BY FAIRVIEW LAKES, LLC - MI-03-007 PAGE60F6 ,,- 1"' BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C OS/27/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A REDUCTION ) OF APPROVED 192 UNIT ) APARTMENT COMPLEX TO 96 ) UNITS AND ALLOWING A 55,000 ) S.F. OFFICE PARK IN AN R-40, C-G ) AND C-N ZONES, LOCATED AT ) 824 E. FAIRVIEW AVENUE, ) MERIDIAN, IDAHO ) ) FAIRVIEW LAKES, LLC, ) APPLICANT ) ) Case No. CUP-03-014 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 May 27,2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Planner III for the Planning and Zoning Department, Anna Powell Planning Director for the Planning and Zoning Department, and Doug Tamura, 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 AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONALUSEPERNUT PAGE 1 OF 22 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 27,2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries ofthe property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and 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 May 27,2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code 99 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 R-40 (High Density Residential), C-G (General Retail & Service Commercial), and C-N (Neighborhood Business) zones and by reason of the provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 22 4. The property is located at 824 E. Fairview Avenue, Meridian, Idaho. 5. The owner of record of the subject property is Fairview Lakes, LLC, III Auto Drive, Boise, Idaho 83709. 6. Applicant is same as owner of record. 7. The subject property is currently zoned R-40 (High Density Residential), C-G (General Retail & Service Commercial), and C-N (Neighborhood Business). The zoning districts ofR-40, C-G, and C-N are 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 reduction of approved 192 unit apartment complex to 96 units and allowing a 55,000 s.f. office park in an R- 40, C-G and C-N zones. The requested modifications to the original Conditional Use Permit within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as "Mixed Use Community". 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan ofthe City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONALUSEPERNUT PAGE 3 OF 22 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development 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 ofthe 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 Conditional Use Permit modifications are for the apartment complex changes and the additional office buildings only, all other portions of the project are approved as conceptual in nature only. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL 1. Applicant shall meet all ofthe requirements of the previously approved Development Agreement, Preliminary Plat and Conditional Use Permit, unless modified below, as a condition ofthe approval for this Planned Development. 2. Revise section 4.1 on page 4 of the Development Agreement to reflect the changes requested by the applicant, including the reduction of apartment units from 192 units to 96 and up to 25 free-standing office buildings. 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 4. All signage within the development shall be subject to a planned sign program per MCC 11-14-9E. 5. The landscaping plan (for the revised portion of the property) is not approved as submitted. Ten copies of a revised landscaping plan shall be submitted to staff with the following revision: add a landscape buffer to break up the south-west 15 parking stalls lineally arranged. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 22 6. The revised concept development plan, Sheet SD5 .0, dated 2-11-03, is approved as submitted. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' of the project on the resubmitted plat. 2. All entrances and internal roads shall comers with a minimum of a 28' inside radius and 48' outside radius. 3. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 5. Final approval of fire hydrant locations shall by the Fire Department. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface which is 20' wide. UFC 902.2.1 7. Provide an approved turn around for any street, which exceeds 150' in length as a result of the phasing ofthe project. 8. All building uses and occupancies will have to meet the separation requirements of the Uniform Building Code. 9. The fire department requests that any future signalization installed as the result of the development ofthis project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost ofthis installation is to be borne by the developer D. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. The applicant shall do one ofthe following: Dedicate by donation an additional5-feet of right-of-way along Fairview Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 22 minimum of 53-feet from the centerline of the right-of-way. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 53-feet from the centerline of the right-of-way, in an easement provided to the District. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct and install the signal and any related roadway improvements that are necessary for the proposed signal at the intersection of Fairview Avenue and the commerciallindustrial roadway that extends north into the site. 3. Construct a commercial/industrial roadway that intersects with Fairview Avenue 310- feet east 0 f the west property line, as proposed. 4. Construct the internal roadways as 40-foot street sections with curb, gutter and 5- foot concrete sidewalk within 54-feet of right-of-way, as proposed. The portion of the commercial/industrial roadway that connects to Teare A venue shall taper appropriately to accommodate for drainage. 5. Construct a 3D-foot wide driveway to intersect Fairview Avenue approximately 205-feet west ofthe east property line, as proposed. 6. Construct a 25-foot wide driveway to intersect the commercial/industrial roadway approximately 54-feet north of Fairview Avenue, as proposed. 7. Construct two l7-foot wide driveway to intersect the commercialhndustrial roadway approximately 1 75-feet north ofFairview Avenue, as proposed. 8, Construct a 21-foot wide driveway to intersect the commercial/industrial roadway approximately 235-feet north ofFairview Avenue, as proposed. 9. Construct a 22-foot wide driveway to intersect the commerciallindustrial roadway that extends north from Fairview Avenue approximately 580-feet north of Fairview Avenue, as proposed. 10. Construct a driveway with a maximum width of 35-feet to extend directly north of the commercial/industrial roadway and proposed to intersect the northern portion of the cul-de-sac. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONALUSEPERNUT PAGE 6 OF 22 / ( 11. Construct a 27-foot wide driveway to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 50-feet east ofthe commercial/industrial roadway that extends from Fairview A venue to the north, as proposed. 12. Construct a 20-foot wide driveway to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 255-feet east of the commercial/industrial roadway that extends from Fairview Avenue to the north, as proposed. 13. Construct a 25-foot driveway to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 430-feet east of the commercial/industrial roadway that extends from Fairview Avenue to the north, as proposed. 14. Construct a 30-foot wide driveway located on the east side of the commercial/industrial roadway just north of the proposed roundabout, as proposed. 15. Construct a 3D-foot wide driveway located on the west side of the commercial/industrial roadway just north ofthe proposed roundabout, as proposed. 16. Construct a 30-foot wide driveway located on the east side ofthe commercial/industrial roadway approximately 160-feet north of the proposed roundabout, as proposed. 17. Construct a 3D-foot wide driveway located on the west side of the commercial/industrial roadway approximately 160-feet north of the proposed roundabout, as proposed. 18. Pave the driveways their full width and at least 3D-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. 19. Extend Teare Avenue as a 40-foot street section with curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way, as proposed. 20. Terminate Clarene Street at its current location and construct bollards for emergency access only, as proposed. 21. Enter into a license agreement for the maintenance of the hammerhead turnaround on Clarene Street due to the fact that the District will be unable to access the turnaround. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 22 22. Provide a permanent "hammerhead" easement to the District at the terminus of the commercial/industrial roadway and provide documentation to the District showing that this configuration has been reviewed and approved by the Meridian Fire Department. 23. Construct a roundabout within the commerciallindustrial roadway approximately 530-feet north of Fairview Avenue. Design the roundabout with a minimum of2l-foot street sections on either side of the center island. Dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the roundabout with traffic services staff. 24. 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 damage 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. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 8. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONALUSEPERNITT PAGE 8 OF 22 applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 9. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 10. 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 subj ect 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. E. Adopt the Recommendations of Sanitary Service as follows: 1. For clarification, the applicant did state at the Council meeting held on May 27, 2003 that the landscape islands can be expanded in the parking areas to accommodate the required trash enclosures. A more detailed site plan showing the trash enclosures shall be submitted for approval. F. Adopt the action ofthe City Council taken at their May 27,2003 meeting as follows: 1. The developer shall be required to coordinate with the Ada County Highway District pertaining to constructing a clearly designated pedestrian crossing for pathways wherever the pedestrian path crosses a street. 2. A 25' landscape buffer is required along the east side of the project and a 20' landscape buffer is required on the west side of the project. The developer shall be required to work with the Ada County Highway District on getting a license agreement, and constructing a landscape strip next to the road where tree landscaping and lighting shall be provided for the separated sidewalk on both sides, and which shall be constructed up to the multi-family site. Additionally, the developer shall make the cul-de-sac large enough so that a signage water feature amenity will be incorporated in the middle ofthe cul-de-sac for the office complex. A revised Landscape Plan showing the parking island shall be submitted for approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 22 13. It is found that the subj ect property is large enough to accommodate the requested use and all other required features. A part of the submitted landscape plan is conceptual and appears to meet the requirements ofthe Landscape Ordinance, and the remainder of the plan is identical to the detailed planned development landscape plan previously submitted for the apartment complex. A new detailed landscaping and parking plan will be required with a new preliminary plat or conditional use permit application in the future for the office park. 14. The current Comprehensive Plan Land Use Map designates the property as "Mixed Use Community". It is found that the proposed reduction in residential units and the additional office uses are harmonious with and in accordance with the Comprehensive Plan. 15. It is found that the revisions to the proposed mixed use subdivision use will be harmonious with the intended (mixed use) and existing (mixed use) character oftlle area. 16. It is not anticipated that the revised project will have an adverse impact on other properties within the vicinity. 17. It is found that the revised development plans will be adequately served by the essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer. 18. It is found 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 ofthe community. 19. It is found that there will be similar levels of traffic and noise in the general vicinity of the revised project when compared to the original project. It is fUlther found that approval of the revised project will not lead to a major increase in smoke fumes, glare, odors or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONALUSEPERNUT PAGE 10 OF 22 other disturbances that will be considered detrimental to the welfare of the City and the subdivision's neighbors. 20. It is found that the proposed use and vehicular approaches will not create significant interference with traffic on the surrounding public streets. Review of ACHD report for the project will provide additional information. 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 by issuance of this conditional use. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Plmming Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. g67-6503). 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 ofthe "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, subj ect to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is othelWise 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 22 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 9 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, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the R-40 (High Density Residential), C-G (General Retail & Service Commercial), and C-N (Neighborhood Business), a public hearing shall be conducted with notice to be published and provided to property owners or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 22 purchasers of record within three hundred feet (300') ofthe external boundaries ofthe land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied, The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-1 7 -6) 7. When the City Council approves a conditional use permit it may impose conditions ofthat 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 22 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. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a planned development for Fairview Lakes in R-40, C-G and C-N zones located at 824 E. Fairview Avenue, Meridian, Idaho, subject to the foHowing conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The Conditional Use Permit modifications are for the apartment complex changes and the additional office buildings only, all other portions of the project are approved as conceptual in nature only. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROV AL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 22 1. Applicant shall meet all of the requirements of the previously approved Development Agreement, Preliminary Plat and Conditional Use Permit, unless modified below, as a condition of the approval for this Planned Development. 2. Revise section 4.1 on page 4 of the Development Agreement to reflect the changes requested by the applicant, including the reduction of apartment units from 192 units to 96 and up to 25 free-standing office buildings. 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 4. All signage within the development shall be subject to a planned sign program per MCC 11-14-9E. 5. The landscaping plan (for the revised portion of the property) is not approved as submitted. Ten copies of a revised landscaping plan shall be submitted to staff with the following revision: add a landscape buffer to break up the south-west 15 parking stalls lineally arranged. 6. The revised concept development plan, Sheet SD5.0, dated 2-11-03, is approved as submitted. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide afire-flow as required by the 1997 Uniform Fire Code Appendix ill-A. Please show all proximity hydrants within 500' of the project on the resubmitted plat. 2. All entrances and internal roads shall comers with a minimum of a 28' inside radius and 48' outside radius. 3. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 5. Final approval of fire hydrant locations shall by the Fire Department. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface which is 20' wide. UFC 902.2.1 7. Provide an approved tum around for any street, which exceeds 150' in length as a result ofthe phasing ofthe project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 22 8. All building uses and occupancies will have to meet the separation requirements of the Uniform Building Code. 9. The fire department requests that any future signalization installed as the result of the development ofthis project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost ofthis installation is to be borne by the developer D. Adopt the Reconunendations of ACHD as follows: Site Specific Conditions of Approval 1. The applicant shall do one of the following: Dedicate by donation an additional 5-feet ofright-of-way along Fairview Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 53-feet from the centerline of the right-of-way. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 53-feet from the centerline ofthe right-of-way, in an easement provided to the District. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct and install the signal and any related roadway improvements that are necessary for the proposed signal at the intersection ofFairview Avenue and the conunerciaVindustrial roadway that extends north into the site. 3. Construct a conunerciaVindustrial roadway that intersects with Fairview Avenue 3 IO-feet east ofthe west property line, as proposed. 4. Construct the internal roadways as 40-foot street sections with curb, gutter and 5- foot concrete sidewalk within 54-feet of right-of-way, as proposed. The portion of the conunerciaVindustrial roadway that connects to Teare Avenue shall taper appropriately to acconunodate for drainage. 5. Construct a 30-foot wide driveway to intersect Fairview Avenue approximately 205-feet west of the east property line, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 22 6. Construct a 25-foot wide driveway to intersect the commercial/industrial roadway approximately 54-feet north of Fairview Avenue, as proposed. 7. Construct two 17-foot wide driveway to intersect the commercial/industrial roadway approximately 175-feet north ofFairview Avenue, as proposed. 8. Construct a 21-foot wide driveway to intersect the commercial/industrial roadway approximately 235-feet north ofFairview Avenue, as proposed, 9. Construct a 22-foot wide driveway to intersect the commercial/industrial roadway that extends north from Fairview Avenue approximately 580-feet north ofFairview Avenue, as proposed. 10. Construct a driveway with a maximum width of 35-feet to extend directly north of the commercial/industrial roadway and proposed to intersect the northern portion ofthe cul-de-sac. 11. Construct a 27-foot wide driveway to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 50-feet east of the commercial/industrial roadway that extends from Fairview A venue to the north, as proposed. 12. Construct a 20-foot wide driveway to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 255-feet east of the commerciallindustrial roadway that extends from Fairview Avenue to the north, as proposed. 13. Construct a 25-foot driveway to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 430-feet east ofthe commercial/industrial roadway that extends from Fairview Avenue to the north, as proposed. 14. Construct a 3D-foot wide driveway located on the east side of the commercial/industrial roadway just north ofthe proposed roundabout, as proposed. 15. Construct a 3D-foot wide driveway located on the west side of the commercial/industrial roadway just north of the proposed roundabout, as proposed. 16. Construct a 3D-foot wide driveway located on the east side of the commercial/industrial roadway approximately 160-feet north of the proposed roundabout, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONALUSEPERNllT PAGE 17 OF 22 17. Construct a 30-foot wide driveway located on the west side of the commercial/industrial roadway approximately 160- feet north of the proposed roundabout, as proposed. 18. Pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. 19. Extend Teare Avenue as a 40-foot street section with curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way, as proposed. 20. Terminate Clarene Street at its current location and construct bollards for emergency access only, as proposed. 21. Enter into a license agreement for the maintenance of the hammerhead turnaround on Clarene Street due to the fact that the District will be unable to access the turnaround. 22. Provide a permanent "hammerhead" easement to the District at the terminus of the commercial/industrial roadway and provide documentation to the District showing that this configuration has been reviewed and approved by the Meridian Fire Department. 23. Construct a roundabout within the commercial/industrial roadway approximately 530-feet north of Fairview Avenue. Design the roundabout with a minimum of21-foot street sections on either side of the center island. Dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the roundabout with traffic services staff. 24. 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 damage 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. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction FlNDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTlNG CONDITIONAL USE PERMIT PAGE 18 OF 22 Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 8. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 9. 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. 10. 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. E. Adopt the Recommendations of Sanitary Service as follows: 1. For clarification, the applicant did state at the Council meeting held on May 27, 2003 that the landscape islands can be expanded in the parking areas to accommodate the required trash enclosures. A more detailed site plan showing FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 22 the trash enclosures shall be submitted for approvaL F. Adopt the action of the City Council taken at their May 27,2003 meeting as follows: 1. The developer shall be required to coordinate with the Ada County Highway District pertaining to constructing a clearly designated pedestrian crossing for pathways wherever the pedestrian path crosses a street. 2. A 25' landscape buffer is required along the east side of the project and a 20' landscape buffer is required on the west side ofthe project. The developer shall be required to work with the Ada County Highway District on getting a license agreement, and constructing a landscape strip next to the road where tree landscaping and lighting shall be provided for the separated sidewalk on both sides, and which shall be constructed up to the multi-family site. Additionally, the developer shall make the cul-de-sac large enough so that a signage water feature amenity will be incorporated in the middle of the cul-de-sac for the office complex. A revised Landscape Plan showing the parking island shall be submitted for approvaL 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 22 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 ofthis decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. I.O~ By action ofthe City Council at its regular meeting held on the _ day of J~ ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED$A-- COUNCILWOMAN CHERIE Mc CANDLESS VOTED~ COUNCILMAN WILLIAM L.M. NARY VOTED~A.- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: G-/tf}--tl3 ----------- MOTION: ~ APPROVED: VOTED DISAPPROVED: ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONALUSEPERNITT PAGE 21 OF 22 Attest \\ \ \ \ \ II !i i II II; I \\ } I, \\\\ n'f ,.'1,-. " -..t ,,~ "I' " ..., ~ '~", ~' 0' ~-::. , ~ , ~ , - .... - - - - - ~ ~ ~~~~ -. C-- 1 limn G. Berg, Jr., City C rk ( ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 22 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) FAIRVIEW LAKES, LLC, FOR A ) CONDITIONAL USE PERMIT FOR A REDUCTION ) OF APPROVED 192 UNIT APARTMENT COMPLEX) TO 96 UNITS AND ALLOWING A 55,000 S.F. ) OFFICE PARKIN R-40, C~G AND C-N ZONES, ) LOCATED AT 824 E. FAIRVIEW AVENUE, ) MERIDIAN, IDAHO ) ) C/C 05-27-03 CASE NO. CUP-03~014 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 2ih day of May, 2003, for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant, FAIRVIEW LAKES, LLC, is granted a conditional use for a reduction of approved 192 unit apartment complex to 96 units and allowing a 55,000 s.f. office park in R- 40, C-G and C-N zones, located at 824 E. Fairview Avenue, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 2. That the above named applicant is granted a conditional use permit for a reduction of approved 192 unit apartment complex to 96 units and allowing a 55,000 s.f. office park in R-40, C-G and C-N zones, located at 824 E. Fairview Avenue, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations ofthe Planning and Zoning Commission as follows: 1. The Conditional Use Permit modifications are for the apartment complex changes and ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - F AlRVIEW LAKES, LLC FORFARNIEWLAKES (CUP-03-014) PAGE 1 OF 8 the additional office buildings only, all other portions of the project are approved as conceptual in nature only. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROV AL 1. Applicant shall meet all ofthe requirements ofthe previously approved Development Agreement, Preliminary Plat and Conditional Use Permit, unless modified below, as a condition of the approval for this Planned Development. 2. Revise section 4.1 on page 4 of the Development Agreement to reflect the changes requested by the applicant, including the reduction of apartment units from 192 units to 96 and up to 25 free-standing office buildings. 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 4. All signage within the development shall be subject to a planned sign program per MCC 11-14-9E. 5. The landscaping plan (for the revised portion of the property) is not approved as submitted. Ten copies of a revised landscaping plan shall be submitted to staff with the following revision: add a landscape buffer to break up the south-west 15 parking stalls lineally arranged. 6. The revised concept development plan, Sheet SD5.0, dated 2-11-03, is approved as submi tted. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow as required by the 1997 UnifOlm Fire Code Appendix ill-A. Please show all proximity hydrants within 500' of the project on the resubmitted plat. 2. All entrances and internal roads shall comers with a minimwn of a 28' inside radius and 48' outside radius. 3. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - F AIRVIEW LAKES, LLC FOR FARIVIEW LAKES (CUP-03-014) PAGE 2 OF 8 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 5. Final approval of fire hydrant locations shall by the Fire Department. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface which is 20' wide. UFC 902.2.1 7. Provide an approved turn around for any street, which exceeds 150' in length as a result of the phasing of the project. 8. All building uses and occupancies will have to meet the separation requirements of the Uniform Building Code. 9. 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. This cost of this installation is to be borne by the developer D. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. The applicant shall do one of the following: Dedicate by donation an additional5-feet of right-of-way along Fairview Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 53-feet from the centerline of the right-of-way. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 53-feet from the centerline of the right-of-way, in an easement provided to the District. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located at the back edge ofthe existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - F AIRVIEW LAKES, LLC FOR FARIVIEW LAKES (CUP-03-014) PAGE 3 OF 8 2. Construct and install the signal and any related roadway improvements that are necessary for the proposed signal at the intersection of Fairview Avenue and the commercial/industrial roadway that extends north into the site. 3. Construct a commercial/industrial roadway that intersects with Fairview Avenue 310- feet east of the west property line, as proposed. 4. Construct the internal roadways as 40-foot street sections with curb, gutter and 5- foot concrete sidewalk within 54-feet of right-of-way, as proposed. The portion of the commerciallindustrial roadway that connects to Teare Avenue shall taper appropriately to accommodate for drainage. 5. Construct a 30-foot wide driveway to intersect Fairview Avenue approximately 205-feet west ofthe east property line, as proposed. 6. Construct a 25-foot wide driveway to intersect the commercial/industrial roadway approximately 54-feet north ofFairview Avenue, as proposed. 7. Construct two 17- foot wide driveway to intersect the commercial/industrial roadway approximately 175-feet north ofFairview Avenue, as proposed. S. Construct a 21-foot wide driveway to intersect the commercial/industrial roadway approximately 235-feet north ofFairview Avenue, as proposed. 9. Construct a 22-foot wide driveway to intersect the commercial/industrial roadway that extends north from Fairview Avenue approximately 5S0-feet north of Fairview Avenue, as proposed. 10. Construct a driveway with a maximum width of 35-feet to extend directly north of the commerciallindustrial roadway and proposed to intersect the northern portion of the cul-de-sac. 11. Construct a 27-foot wide driveway to intersect the commerciallindustrial roadway that runs east and west and is proposed to be located approximately 50-feet east ofthe commercial/industrial roadway that extends from Fairview Avenue to the north, as proposed. 12. Construct a 20-foot wide driveway to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 255-feet east of the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - FAIRVIEW LAKES, LLC FOR FARNIEW LAKES (CUP-03-014) PAGE 4 OF 8 commercial/industrial roadway that extends from Fairview Avenue to the north, as proposed. 13. Construct a 25-foot driveway to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 430-feet east of the commercial/industrial roadway that extends from Fairview Avenue to the north, as proposed. 14. Construct a 3D-foot wide driveway located on the east side of the commercial/industrial roadway just north of the proposed roundabout, as proposed. 15. Construct a 3D-foot wide driveway located on the west side of the commercial/industrial roadway just north of the proposed roundabout, as proposed. 16. Construct a 3D-foot wide driveway located on the east side of the commercial/industrial roadway approximately 160-feet nOlih of the proposed roundabout, as proposed. 17. Construct a 3D-foot wide driveway located on the west side of the commercial/industrial roadway approximately 160-feet north of the proposed roundabout, as proposed. 18. Pave the driveways their full width and at least 3D-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. 19. Extend Teare Avenue as a 40-foot street section with curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way, as proposed. 20. Terminate Clarene Street at its current location and construct bollards for emergency access only, as proposed. 21. Enter into a license agreement for the maintenance of the hammerhead turnaround on Clarene Street due to the fact that the District will be unable to access the turnaround. 22. Provide a permanent "hammerhead" easement to the District at the terminus of the commercial/industrial roadway and provide documentation to the District showing that this configuration has been reviewed and approved by the Meridian Fire Department. ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - F AIRVIEW LAKES, LLC FOR FARNIEW LAKES (CUP-03-014) PAGE 5 OF 8 23. Construct a roundabout within the commercial/industrial roadway approximately 530-feet north of Fairview Avenue. Design the roundabout with a minimum of21-foot street sections on either side of the center island. Dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the roundabout with traffic services staff. 24. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing inigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damage curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road hnpact Fee Ordinance. 8. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - FAIRVIEW LAKES, LLC FOR FARIVIEW LAKES (CUP-03-014) PAGE 6 OF 8 applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 9. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 10. 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. E. Adopt the Recommendations of Sanitary Service as follows: 1. For clarification, the applicant did state at the Council meeting held on May 27, 2003 that the landscape islands can be expanded in the parking areas to accommodate the required trash enclosures, A more detailed site plan showing the trash enclosures shall be submitted for approval. F. Adopt the action of the City Council taken at their May 27,2003 meeting as follows: 1. The developer shall be required to coordinate with the Ada County Highway District pertaining to constructing a clearly designated pedestrian crossing for pathways wherever the pedestrian path crosses a street. 2. A 25' landscape buffer is required along the east side of the project and a 20' landscape buffer is required on the west side of the project. The developer shall be required to work with the Ada County Highway District on getting a license agreement, and constructing a landscape strip next to the road where tree landscaping and lighting shall be provided for the separated sidewalk on both sides, and which shall be constructed up to the multi-family site. Additionally, the developer shall make the cul-de-sac large enough so that a signage water feature ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERlvllT - FAIRVIEW LAKES, LLC FORFARIVIEWLAKES (CUP-03-014) PAGE 7 OF 8 \ \ amenity will be incorporated in the middle of the cul-de-sac for the office complex. A revised Landscape Plan showing the parking island shall be submitted for approval. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to the permit. . fI. .-.- By action of the City Council at its regular meeting held on the I t7 -- day of C/ ~ 2003. ;;~L>: William G. Berg, Jr., City ~5~_ Ro ert D. orne, Mayor City of Meridian \\\\\\111111111/ \\\ f M /11, \,\\ oJ 0 efT!/"> 1111 " ~, VI: /1" }' () cpf\POFlA 1"; '11t- ""'l~ j ~ ~o % Attest: - - - BJ~.,b~9- City Clerk Dated: b-/2-tJ3 Z:\Work\M\Meridian\Meridian 15360M\Fairview Lakes CUP 03 014\CUPOrder.doc ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - FAIR VIEW LAKES, LLC FOR FARNIEW LAKES (CUP-03-014) PAGE 8 OF 8 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT TO MODIFY OPERATIONAL HOURS AND CHANGE BUIDING PLACEMENT FROM ORIGINAL APPROVED CUP IN A C-N ZONE, LOCATED ON THE NORTHWEST CORNER OF CHERRY LANE AND LINDER ROAD, MERIDIAN, IDAHO HAWKINS COMPANIES, APPLICANT C/C OS/27/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-013 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 May 27, 2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, and Brian Huffaker, 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 AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONALUSEPERNITT PAGE 1 OF 23 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 27,2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers ofrecord 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 May 27,2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code 99 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 a C-N zone and by reason of the provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the northwest comer of Cherry Lane and Linder Road, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 23 Meridian, Idaho. 5. The owner of record of the subject property is Boise Surplus 2002 LLC, 8645 W. Franklin Road, Boise, Idaho 83709. 6. Applicant is Hawkins Companies, 8645 W. Franklin Road, Boise, Idaho 83709. 7. The subject property is currently zoned C-N (Neighborhood Business District). The zoning district ofC-N is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit to modify operational hours and change building placement from original approved Conditional Use Permit in a C-N zone. The C-N 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). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as "Commercial". 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONALUSEPERNllT PAGE 3 OF 23 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 ofthe proposed use and development upon services delivered by political subdivisions providing services to the subj ect real property within the plann i ng jurisdiction 0 f the City of Meridian, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Future drive-thru for the Pizza Hut is not approved by the Planning and Zoning Commission or the City Council. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF AFPROV AL 1. Applicant shall meet all of the requirements of the previously approved Non- Development Agreement, Final Plat and Conditional Use Permit, unless modified below, as a condition of the revised approval for this Planned Development. 2. All signage within the development shall be subject to a planned sign program per MCC 11-14-9E. 3. The applicant shall submit a cross-parkinglcross-access agreement for the project. Submit a copy of the recorded agreement to the Planning and Zoning Dept. prior to issuance of the first occupancy. 4. The futuro drive thru shall bo redesigned to avoid conflict \vith oncoming traffic at the v/ostcmmost entrance to tho project. (Planning and Zoning Commission voted to not approve the future drive drive-thru for the Pizza Hut.) 5. Hours of Operation shall be as follows: PharmacytRetail: 24 hours/day, 7 days/week Fast food restaurant: Sunday-Thursday, 8 :00 AM to 11 :00 PM Friday-Saturday, 8:00 AM to 1:00 AM Retail and Office/Retail: Monday-Thursday, 8:00 AM to 10:00 PM Friday-Saturday, 8:00 AM to 12:00 AM Sunday, 9:00 AM to 9:00 PM FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 23 6. Landscaping is approved as submitted, with the addition of four planters in the parking lot as follows: (1) at the northeast comer and (2) southwest corner of the pharmacy/retail building (B), (3) near the entrance to the fast food restaurant, and (4) at the south end of the four stalls along the west property line. 7. All development shall comply with the Americans with Disabilities Act. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix ill-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Met'idian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire lanes shall have an unobstructed width of20'. UFC 902.2.1 D. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: 1. If storm drainage will not be retained on site, a Land Use Change/Site application is required to be filed with N ampa & Meridian Irrigation District. A 111 aterals and wasteways are to be protected. E. Adopt the Recommendations of ACHD as follows: The following Site Specific Requirements and Standard Requirements must he me! or providedfor prior to ACHD approval of the final plat: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 23 Site Specific Requirements: 1. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs fi rst. 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 irthe O\Vl1cr Sllhll1ilS a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2. 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 -62 80 (w i tl1 file numbers) for details. 3. Replace unused curb cuts on Cherry Lane and Linder Road with standard curb, gutter and concrete sidewalk to match existing improvements. 4. Replace any damaged curb, gutter and/or sidewalk on Cherry Lane and Linder Road with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Contact Construction Services at 387-6280 (with file number) for details. 5. Construct a right-in/right-out driveway on ChelTY Lane located approximately 220-feet west of Linder Road, as proposed. Restrict the driveway to righl-in/righl.olll operations with an on-site median, and appropriate sign age. Submit a design of the island, and a signage plan, to District staff for review and approval. 6. Construct a full access driveway on Cherry Lane located approximately 470-fecl west of Linder Road, as proposed. 7. Construct a right-in/right-out driveway on Linder Road located approximately 285-feet north of Cherry Lane, as proposed. Restrict the driveway to right-in/right-out operations with an on-site median, and appropriate signage. Submit a design of the island, and a signage plan, to District staff for review and approval. 8. The Emerald Falls Drive/Linder Road intersection located 485-feet north of Cherry Lane is approved with this application. 9. Construct a center turn lane on Linder Road for the Linder Road/Emerald Falls Drive intersection. Construct the turn lane to provide a minimum of 100- feet 0 f storage with shadow tapers for the approach direction. Coordinate the design of the turn lane with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 23 10. The driveway on Emerald Falls Drive located approximately ISO-feet west of Linder Road is approved with this application. 11. Pave the driveways their full width of 30 to 35-feet in width and at least 3D-feet into the site beyond the edge of pavement of Cheny Lane and Linder Road with IS-foot curb radii. The width of the right-in/right-out driveways can be wider to accommodate the on-site median. 12. Provide a recorded cross access easement for the parcels within the subdivision to utilize for access to the public streets. 13. The applicant is proposing to construct a deceleration lane on Cherry Lane for the eastern driveway approach. The lane should be constructed to provide a minimum of 1 DO-feet of storage with shadow tapers for the approach direction. Coordinate the design of the deceleration lane with District staff. (This is not a requirement - applicant proposing; and may eliminate.) 14. Extend Emerald Falls Drive into the site at the west property line as proposed. 15. Extend Emerald Falls Court into the site at the north property line and end it in a cul-de-sac as proposed. 16. Construct an ACHD approved turnaround at the end of Emerald Falls Drive. Submit a design of the turnaround for review and approval by District staff. 17. Construct a portion of Emerald Falls Drive as a local/commercial street extending from Linder Road to the west approximately ISO-feet. The remainder of the roadway to the west shall taper into a standard local 36-foot street section with curb, gutter and 5-foot wide concrete sidewalk. 18. Unless otherwise approved, the applicant should be required to 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. 19. Construct the turnarounds to provide a minimum tuming radius of 45-feet. 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 lOO-square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median. FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTlNG CONDITIONAL USE PERMIT PAGE 7 OF 23 20. 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. 21. Provide lOa-feet of stacking distance from any drive-thru windows to the public roadway system. 22. Any existing irrigation facilities shall be relocated outside of the right-of-way. 23. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 24. Other than the access points specifically approved with this application, direct lot or parcel access to Linder Road and Cherry Lane is prohibited. Access restrictions shall be noted on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $11 0.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 23 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. 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 confimlation of any change from the Ada County Highway District. 9. 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. F. Adopt the Recommendations of Sanitary Service as follows: 1. Sanitary Service will be holding the application for further waste service review. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 23 G. Adopt the action ofthe City Council taken at their May 27,2003 meeting as follows: 1. For clarification, to accommodate the removal of the house on Linder Road, either by the Meridian Fire Department or by some other means, the removal shall be no later than February 1, 2004. Since the present house encroaches the 25 foot landscape buffer by about 7 feet, or however long the house is, the applicant shall be allowed a delay in the perimeter landscaping berms only until the house has been removed to prevent damage if landscaping were presently required. Additionally, the other required landscaping shall be required to be completed as required within the non-development agreement, along with any other required conditions. 2. The revised Site Plan dated 05120/03 is approved. 14. It is found that the subject property is large enough to accommodate the requested uses and all other required features. Two of the individual pad sites are under parked. However, the site overall has 22 parking spaces more than are required. Thus, the site is deemed to have ample parking if a cross-parking/cross-access agreement is recorded for the project. 15. The current Comprehensive Plan Land Use Map designates the property as "Commercial". It is found that the proposed retail, phannacy, office, and fast food restaurant uses are harmonious with and in accordance with the Comprehensive Plan. 16. It is found that the revisions to the proposed mixed use subdivision use will be harmonious with the intended (mixed use) and existing (mixed use) character of the area. 17. It is not anticipated that the revised project will have an adverse impact on other properties within the vicinity. 18. It is found that the revised development plans will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer. 19. That the proposed use will not create excessive additional requirements at publlc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 23 cost for public facilities and services and will not be detrimental to the economic welfare of the community. 20. It is found that there will be similar levels of traffic and noise in the general vicinity of the revised project when compared to the original project. Further it is found that approval ofthe revised project 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. Potential noise impacts from the drive-thru windows should be lessened under the proposed application for the residential properties to the north. The proposal to shift the fast food restaurant from its prior approved location to Cherry Lane will increase the distance from the proposed drive-throughs to the residences to the north. A masonry wall has been recently built between the commercial property and the residences to the west. 21. It is found that the proposed use and vehicular approaches wi II not create significant interference with any traffic on the surrounding public streets. It is found that a potential conflict between the proposed fast food drive-through location and the westernmost vehicular access from Cherry Lane could occur. It is recommended revision of the layout of the proposed future drive-through. Review of the ACHD report for the project will provide additional information. 22. It is found 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 by the issuance of this conditional use. CONCLUSIONS OF LAW 1. 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 PAGE 11 OF 23 Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use pennits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions ofthe ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code 9 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, ifit complies with all conditions of the approval imposed, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 23 will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Neighborhood Business (C-N), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries ofthe land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code ~ 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 oftms 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 ofthe 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 23 public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-1 7 -6) 7. When the City Council approves a conditional use penn it 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 ofthe City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNUT PAGE 14 OF 23 AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit to modify operational hours and change building placement from original approved conditional use permit in a C-N zone, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations ofthe Planning and Zoning Commission as follows: 1. Future drive-thru for the Pizza Hut is not approved by the Planning and Zoning Commission or the City CounciL B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROV AL 1. Applicant shall meet all of the requirements of the previously approved Non- Development Agreement, Final Plat and Conditional Use Permit, unless modified below, as a condition ofthe revised approval for this Planned Development. 2. All signage within the development shall be subject to a planned sign program per MCC 11-14-9E. 3. The applicant shall submit a cross-parking/cross-access agreement for the project. Submit a copy of the recorded agreement to the Planning and Zoning Dept. prior to issuance of the first occupancy. 4. The future drive th..'U shall be redesigned to avoid conflict "'lith oncoming traffic at the westernmost entrance to the project. (Planning and Zoning Commission voted to not approve the future drive drive-thru for the Pizza Hut.) 5. Hours of Operation shall be as follows: PharmacylRetail: 24 hours/day, 7 days/week Fast food restaurant: Sunday-Thursday, 8:00 AM to 11 :00 PM Friday-Saturday, 8:00 AM to 1 :00 AM Retail and OfficelRetail: Monday-Thursday, 8:00 AM to 10:00 PM Friday-Saturday, 8:00 AM to 12:00 AM FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 23 Sunday, 9:00 AM to 9:00 PM 6. Landscaping is approved as submitted, with the addition of four planters in the parking lot as follows: (1) at the northeast comer and (2) southwest comer of the pharmacy/retail building (B), (3) near the entrance to the fast food restaurant, and (4) at the south end of the four stalls along the west property line. 7. All development shall comply with the Americans with Disabilities Act. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix III-A ofthe Unifonn Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department thrn the Public Works Department. 5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire lanes shall have an unobstructed width of20'. UFC 902.2.1 D. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: 1. If storm drainage will not be retained on site, a Land Use Change/Site application is required to b e filed with N ampa & Meridian Irrigation District. A III aterals and wasteways are to be protected. E. Adopt the Recommendations of ACHD as follows: The following Site Specific Requirements and Standard Requirements must be met or provided for prior to A CHD approval of the final plat: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 23 Site Specific Requirements: 1. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the parcel by means ofrecordation of a final subdivision plat or execution of a warranty deed 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 ofthe 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 Section 15 of ACHD Ordinance #193. 2. 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. 3. Replace unused curb cuts on Cherry Lane and Linder Road with standard curb, gutter and concrete sidewalk to match existing improvements. 4. Replace any damaged curb, gutter and/or sidewalk on Cherry Lane and Linder Road with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Contact Construction Services at 387-6280 (with file number) for details. 5. Construct a right-in/right-out driveway on Cherry Lane located approximately 220-feet west of Linder Road, as proposed. Restrict the driveway to right-in/right-out operations with an on-site median, and appropriate signage. Submit a design of the island, and a signage plan, to District staff for review and approval. 6. Construct a full access driveway on Cherry Lane located approximately 470-feet west of Linder Road, as proposed. 7. Construct a right-in/right-out driveway on Linder Road located approximately 285-feet north of Cherry Lane, as proposed. Restrict the driveway to right-inlright-out operations with an on-site median, and appropriate signage. Submit a design of the island, and a signage plan, to District staff for review and approval. 8. The Emerald Falls Drive/Linder Road intersection located 485-feet north of Cherry Lane is approved with this application. 9. Construct a center turn lane on Linder Road for the Linder Road/Emerald Falls Drive intersection. Construct the turn lane to provide a minimum of 100-feet of storage with shadow tapers for the approach direction. Coordinate the design of the turn lane with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 23 10. The driveway on Emerald Falls Drive located approximately ISO-feet west of Linder Road is approved with this application. 11. Pave the driveways their full width of 30 to 35-feet in width and at least 30-feet into the site beyond the edge of pavement of Cherry Lane and Linder Road with IS-foot curb radii. The width of the right-in/right-out driveways can be wider to accommodate the on-site median. 12. Provide a recorded cross access easement for the parcels within the subdivision to utilize for access to the public streets. 13. The applicant is proposing to construct a deceleration lane on Cherry Lane fOf the eastern driveway approach. The lane should be constructed to provide a minimum of 100- feet of storage with shadow tapers for the approach direction. Coordinate the design of the deceleration lane with District staff. (This is not a requirement - applicant proposing; and may eliminate.) 14. Extend Emerald Falls Drive into the site at the west property line as proposed. 15. Extend Emerald Falls Court into the site at the north property line and end it in a cul-de-sac as proposed. 16. Construct an ACHD approved turnaround at the end of Emerald Falls Drive. Submit a design of the turnaround for review and approval by District staff. 17. Construct a portion of Emerald Falls Drive as a local/commercial street extending from Linder Road to the west approximately ISO-feet. The remainder of the roadway to the west shall tapef into a standard local 36-foot street section with curb, gutter and 5-foot wide concrete sidewalk. 18. Unless otherwise approved, the applicant should be required to 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. 19. Construct the turnarounds to provide a minimum turning radius of 45-feet. 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. Dedicate 54-feet of right-of-way plus the additional width of the median. 20. 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 CONDITIONALUSEPERNITT PAGE 18 OF 23 21. Provide 100- feet of stacking distance from any drive-thru windows to the public roadway system. 22. Any existing irrigation facilities shall be relocated outside of the right-of-way. 23. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 24. Other than the access points specifically approved with this applicatjon, direct lot or parcel access to Linder Road and Cherry Lane is prohibited. Access restrictions shall be noted on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Plmming and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantjal hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of$llO.OO. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 23 District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. 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 mles, 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. F. Adopt the Recommendations of Sanitary Service as follows: 1. Sanitary Service will be holding the application for further waste service review. G. Adopt the action of the City Council taken at their May 27,2003 meeting as follows: 1. For clarification, to accommodate the removal of the house on Linder Road, either by the Meridian Fire Department or by some other means, the removal shall be 110 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 23 later than February 1, 2004. Since the present house encroaches the 25 foot landscape buffer by about 7 feet, or however long the house is, the applicant shall be allowed a delay in the perimeter landscaping berms only until the house has been removed to prevent damage if landscaping were presently required. Additionally, the other required landscaping shall be required to be completed as required within the development agreement, along with any other required conditions. 2. The revised Site Plan dated OS/20/03 is approved. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit m accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial ofthe conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 23 By action of the City Council at its regular meeting held on the I {Jrt:- day of c7 VVnL , 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED !;'eA/ VOTED~ COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS VOTED~ COUNCILMAN WILLIAM L.M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: {?-/f}-tJ3 VOTED MOTION: APPROVED:----l- DISAPPROVED: Attest: ~- Mayor Robert D. Corrie \\\\\\111111111'/ \,\ MIll ,"\. of ERID 1/1/ .:::-" :<.. 'to '4. //~ $' c} o?poRA); ~ ~ ..::: ..;:.0 <"0 ~ ~ "" ~ - - - - - - - - - - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 23 Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By: City Clerk Dated: z:\ Work\M\Meridian\Meridian 15360M\Cheny Crossing CUP 03 013\FfClsCUP03-0 13.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 23 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF HAWKINS COMPANIES, REQUEST FOR ) ) CONDITIONAL USE PERMIT TO MODIFY ) OPERATIONAL HOURS AND CHANGE BUILDING) PLACEMENT FROM ORIGINAL APPROVED CUP ) IN A C-N ZONE, LOCATED ON THE NORTHWEST) CORNER OF CHERRY LANE AND LINDER ROAD, ) MERIDIAN, IDAHO ) ) C/C 05-27-03 CASE NO. CUP-03-013 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 27th day of May, 2003, for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant, HAWKINS COMPANIES, is granted a conditional use to modify operational hours and change building placement from original approved Conditional Use Permit in a C-N zone, located on the northwest corner of Cherry Lane and Linder Road, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 2. That the above named applicant is granted a conditional use permit to modify operational hours and change building placement from original approved Conditional Use Permit in a C-N zone, located on the northwest corner of Cherry Lane and Linder Road, Meridian, Idaho, subj ect to the following conditions of use and development: A. Adopt the Special Recommendations ofthe Planning and Zoning Commission as follows: 1. Future drive-thru for the Pizza Hut is not approved by the Planning and Zoning ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HAWKINS COMPANIES FOR CHERRY CROSSING (CUP-03-0l3) PAGEI0F8 Commission or the City Council. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL 1. Applicant shall meet all of the requirements of the previously approved Non- Development Agreement, Pinal Plat and Conditional Use Permit, unless modified below, as a condition of the revised approval for this Planned Development. 2. All signage within the development shall be subject to a planned sign program per MCC 11-14-9E. 3. The applicant shall submit a cross-parking/cross-access agreement for the project. Submit a copy of the recorded agreement to the Planning and Zoning Dept. prior to issuance of the first occupancy. 4. The future drive thru shall be redesigned to avoid conflict '.vith oncoming traffic at the westernmost entrance to the project. (planning and Zoning Commission voted to not approve the future drive drive-thru for the Pizza Hut.) 5. Hours of Operation shall be as follows: Pharmacy/Retail: 24 hours/day, 7 days/week Fast food restaurant: Sunday-Thursday, 8 :00 AM to 11 :00 PM Friday-Saturday, 8:00 AM to 1 :00 AM Retail and Office/Retail: Monday-Thursday, 8:00 AM to 10:00 PM Friday-Saturday, 8:00 AM to 12:00 AM Sunday, 9:00 AM to 9:00 PM 6. Landscaping is approved as submitted, with the addition of four planters in the parking lot as follows: (1) at the northeast comer and (2) southwest comer of the pharmacy/retail building (B), (3) near the entrance to the fast food restaurant, and (4) at the south end ofthe four stalls along the west property line. 7. All development shall comply with the Americans with Disabilities Act. C. Adopt the Recommendations of the Meridian Fire Department as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HAWKINS COMPANIES FOR CHERRY CROSSING (CUP-03-013) PAGE 2 OF 8 1. That a fire-flow consistent with Appendix ill-A ofthe Uniform Fire Code be provided to service the entire proj ect. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 5. All radii shall be 28' inside and 48' outside radius for all entrances and intemal roads. 6. All fire lanes shall have an unobstructed width of20'. UFC 902.2.1 D. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: 1. If storm drainage will not be retained on site, a Land Use Change/Site application is req uired to b e filed with N ampa & Meridian Irrigation District. A 111 aterals and wasteways are to be protected. E. Adopt the Recommendations of ACHD as follows: The following Site Specific Requirements and Standard Requirements must be met or providedfor prior to ACHD approval of the final plat: Site Specific Requirements: 1. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed 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 ofthe 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 Section 15 of ACHD Ordinance #193. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HAWKINS COMPANIES FOR CHERRY CROSSING (CUP-03-013) PAGE 3 OF 8 2. 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. 3. Replace unused curb cuts on Cherry Lane and Linder Road with standard curb, gutter and concrete sidewalk to match existing improvements. 4. Replace any damaged curb, gutter and/or sidewalk on Cherry Lane and Linder Road with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Contact Construction Services at 387-6280 (with file number) for details. 5. Construct a right-inlright-out driveway on Cherry Lane located approximately 220-feet west of Linder Road, as proposed. Restrict the driveway to right-inlright-out operations with an on-site median, and appropriate signage. Submit a design of the island, and a signage plan, to District staff for review and approval. 6. Construct a full access driveway on Cherry Lane located approximately 470-feet west of Linder Road, as proposed. 7. Construct a right-inlright-out driveway on Linder Road located approximately 285-feet north of Cherry Lane, as proposed. Restrict the driveway to right-in/right-out operations with an on-site median, and appropriate signage. Submit a design of the island, and a signage plan, to District staff for review and approval. 8. The Emerald Falls Drive/Linder Road intersection located 485-feet north of Cherry Lane is approved with this application. 9. Construct a center turn lane on Linder Road for the Linder Road/Emera1d Falls Drive intersection. Construct the turn lane to provide a minimum of 100- feet of storage with shadow tapers for the approach direction. Coordinate the design of the turn lane with District staff. 10. The driveway on Emerald Falls Drive located approximately ISO-feet west of Linder Road is approved with this application. 11. Pave the driveways their full width of30 to 35-feet in width and at least 30-feet into the site beyond the edge of pavement of Cherry Lane and Linder Road with IS-foot curb radii. The width ofthe right-inlright-out driveways can be wider to accommodate the on-site median. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HAWKINS COMPANIES FOR CHERRY CROSSING (CUP-03-013) PAGE 4 OF 8 12. Provide a recorded cross access easement for the parcels within the subdivision to utilize for access to the public streets. 13. The applicant is proposing to construct a deceleration lane on Cherry Lane for the eastern driveway approach. The lane should be constructed to provide a minimum of 1 DO-feet of storage with shadow tapers for the approach direction. Coordinate the design of the deceleration lane with District staff. (This is not a requirement - applicant proposing; and may eliminate.) 14. Extend Emerald Falls Drive into the site at the west property line as proposed. 15. Extend Emerald Falls Court into the site at the north property line and end it in a cul-de-sac as proposed. 16. Construct an ACHD approved turnaround at the end of Emerald Falls Drive. Submit a design of the turnaround for review and approval by District staff. 17. Construct a portion of Emerald Falls Drive as a locaVcommercia1 street extending from Linder Road to the west approximately ISO-feet. The remainder of the roadway to the west shall taper into a standard local 36-foot street section with curb, gutter and 5-foot wide concrete sidewalk. 18. Unless otherwise approved, the applicant should be required to 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. 19. Construct the turnarounds to provide a minimum turning radius of 45-feet. 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 ofa 100-square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median. 20. 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. 21. Provide 100-feet of stacking distance from any drive-thru windows to the public roadway system. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HAWKINS COMPANIES FOR CHERRY CROSSING (CUP-03-013) PAGES OF 8 22. Any existing irrigation facilities shall be relocated outside of the right-of-way. 23. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 24. Other than the access points specifically approved with this application, direct lot or parcel access to Linder Road and Cherry Lane is prohibited. Access restrictions shall be noted on the final plat. Standard Requirements: I. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Plarming and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staffto remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Plmming and Development Supervisor within six days of the action and shall include a minimum fee of$I1O.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified ofthe date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road hnpact Fee Ordinance. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HAWKINS COMPANIES FOR CHERRY CROSSING (CUP~03-013) PAGE 6 OF 8 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. 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. 9. 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. F. Adopt the Recommendations of Sanitary Service as follows: 1. Sanitary Service will be holding the application for further waste service review. ORDER OF CONDITIONAL APPROVAL OF CONDITIONALUSEPERNUT-HAWKINSCOMPANlliS FOR CHERRY CROSSING (CUP-03-013) PAGE 7 OF 8 G. Adopt the action ofthe City Council taken at their May 27,2003 meeting as follows: 1. For clarification, to accommodate the removal of the house on Linder Road, either by the Meridian Fire Department or by some other means, the removal shall be no later than February 1, 2004. Since the present house encroaches the 25 foot landscape buffer by about 7 feet, or however long the house is, the applicant shall be allowed a delay in the perimeter landscaping berms only until the house has been removed to prevent damage if landscaping were presently required. Additionally, the other required landscaping shall be required to be completed as required within the non-development agreement, along with any other required conditions. 2. The revised Site Plan dated OS/20/03 is approved. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code 9 11-17-8, a copy of which is attached to the permit. //)#- -- By action ofthe City Council at its regular meeting held on the ~ day of J{vn.R../ 2003. ~- \ \ ~obe'rt ID,.!,Qorri e, ",\~~N4~y~~t;,}1eridian ,,' ",," "1.A. ............ ~ 0 o'f\?OR4>; 'V ~ :: .~ ('0 'S ~ ~ :: 2 ~ . n,.", IAL - ~l&.tA . Attest: Byd~~~~ City Clerk Z:\Work\M\Meridian\Meridian I 5360M\Cherry Crossing CUP 03 OI3\CUPOrder.doc ~ ~- William G. Berg, Jr., Cit ler % \;-0& >.,,0;0 0 i ~ 1"<) '" '$i 15'\ ' ~.$' Copy served upon Applicant, the PI~7nG~1~Uni~:D~~artment, Public ,^\~rk~lt)M\!:iittrtwent Iff, \\\~ \\ Of cOz II( and City Attorney. '/JUlII11\l\\ ,,'''':<.,''\ 11,()1..q, /111.... ./ () c,ot\?OR4 r~ '1-- \. ~ ~ () ~ - , 6-IZ-&3 ~ ~ Dated: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HAWKINS COMPANIES FOR CHERRY CROSSING (CUP-03-0B) PAGE 8 OF 8 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C OS/27/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A CRAFT ) STORE AND COFFEEHOUSE IN ) AN 0- T ZONE FOR THE LIBRARY, ) LOCATED AT 141 EAST ) CARL TON, MERIDIAN, IDAHO ) ) CRAIG RITTENHOUSE, ) APPLICANT ) ) Case No. CUP-03-016 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 May 27,2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, and Craig Rittenhouse, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to- wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 15 (2) consecutive weeks prior to the said public hearing scheduled for May 27,2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries 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 May 27,2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an O-T zone and by reason of the provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 141 E. Carlton, Meridian, Idaho. 5. The owner of record ofthe subject property is Craig Rittenhouse, 597 N. Liberty St., Boise, Idaho 83704. 6. Applicant is the same as owner of record. 7. The subject property is currently zoned 0- T (Old Town). The zoning district of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 15 0- T is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a craft store and coffeehouse in an O-T zone. The O-T 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). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as "Old Town". 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. The City Council recognizes the concerns of Patricia Younger, Library Director, stated within her letter dated May 23,2003. 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian plauningjurisdiction public facilities and services required by the proposed development will not impose expense upon the public ifthe 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 15 City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REQUIREMENTS 1. All parking and areas of circulation shall be improved with a hard surface in accordance with MCC 11-13-4.D, and shall be installed and striped in accordance with the submitted site plan, ADA and MCC 11-13-4.F. 2. Obtain a shared parking agreement with to allow patrons of the Library to use the Chapel of the Chimes parking lot. A copy ofthe parking agreement shall be submitted to the City Clerk's office. The agreement must be recorded. 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13 -4C. 4. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 5. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 6. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557,10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Stonn Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 7. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. 8. Certificate of Occupancy: All required improvements must be complete prior to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 15 / ( obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the f0l111 of a letter of credit or cash in the amount of 110% ofthe cost ofthe required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 9. As part of a conditional use permit, the City of Meridian may impose additional restrictions/ conditions. 10. Water and sewer service locations to serve this proposed building were not shown on the submitted site plan. The designer shall furnish the Public Works Department a new site plan showing existing and proposed utility mains and service connection. 11. A Certificate of Zoning Compliance and a Building Pennit shall be obtained prior to the start of construction. B. Adopt the Recommendations ofthe Meridian Fire Department as follows: I. Address posted in 6" numbers on the front of the building. 2. Provide a fire-flow consistent with Appendix Ill-A of the 1997 Uniform Fire Code. 3. Meet the requirements ofthe 1997 UnifOlm Fire Code. C. Adopt the Recommendations of Central District Health Department as follows: 1. Plans will be required to be submitted for a plan review for any beverage estab lishment. D. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: 1. All storm drainage must be retained on site. 2. A Land Use Change/Site application is required to be filed with the Irrigation District. All laterals and wasteways must be protected. The Developer must comply with Idaho Code 31-3805. E. Adopt the action of the City Council taken at their May 29, 2003 meeting as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 15 1. The applicant has obtained permission to use the Chapel of the Chimes parking lot for the additional ten parking spaces which are required. Additionally, the applicant has provided a letter stating that Chapel ofthe Chimes is in agreement and approves the additional parking spaces within their parking lot. The applicant shall be required to provide a recorded document of approval from Chapel of the Chimes rather than just the written letter. If the applicant is unable to secure a recorded document from Chapel of the Chimes, then the applicant shall be required to go through a variance application. 2. For clarification, the name of the craft store and coffeehouse shall be The Library Coffee House. 3. The revised Plans dated 5-22-03 are approved. 4. The applicant shall be required to have the trash location and enclosure approved by Sanitary Services. 14. It is found that the site is not large enough to accommodate the required landscaping, yards and other features required by the Zoning Ordinance, but the applicant has proposed a parking agreement which will allow customers of The Library Coffee House to use the Chapel of the Chimes parking lot. The MCC 12-13-5 requires 1 parking space for each 200 square feet of retail floor area. The proposed building (including the addition) will be 2,739 sq. ft. in size. Based on the square footage ofthe building 14 spaces are required. The applicant's site plan includes only 4 on site parking spaces. The applicant is proposing a parking agreement which would allow customers of the coffeehouse to use the parking lot at the Chapel of the Chimes. The handicap parking space provided on the site plan is van accessible per ADA requirements. The proposed landscaping plan does not meet the standards ofthe MCC. However, it is found that the proposed project meets the conditions required to request Alternative Compliance found in Section 12-13-18-2 ofthe MCC. The existing structure on the property and the locations of the existing sidewalks make it prohibitively difficult for the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 15 applicant to meet the required landscape buffers for the subject property. In order to meet the required landscape buffer minimums the applicant would have to relocate the existing building and sidewalks. Given the constraints of the property it is found that the applicant is eligible to request Alternative Compliance for landscaping. 15. The Comprehensive Plan Land Use Map designates the property as "Old Town". It is found that the proposed use is harmonious with the Comprehensive Plan. It is found further that the proposed use is in compliance with the Meridian City Code. 16. It is found that the proposed use will be compatible with the other commercial uses found in the general vicinity ofthe subject property. 17. It is not anticipated that the proposed uses will have an adverse affect on the other property in the vicinity due to the existing traffic conditions in the subject area and the potential for the proposed application to add to existing traffic problems. 18. It is found that the proposed development will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer. 19. 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. 20. It is found that the proposed use will not be detrimental to any persons, propelly, or the general welfare generated by the use. 21. It is found that the proposed use will not create interference with traffic on the surrounding public streets. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 15 22. It is found that the proposed use will not result in the destruction, loss or damage ofa natural, scenic or historic feature considered to be of major importance by the issuance of this conditional use. CONCLUSIONS OF LA W 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is 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 9 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 15 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, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of maj or importance. 5. Prior to granting a conditional use permit in the Old Town (0- T), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which prOVides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 15 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 ofthe Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modi fy the recommendation ofthe Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions Of denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that feasonably: 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 ofthe 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 FINDINGS OF PACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 15 Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a craft store and coffeehouse in an O-T zone, located at 141 E. Carlton, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REOUIREMENTS 1. All parking and areas of circulation shall be improved with a hard surface in accordance with MCC 11-13-4.D, and shall be installed and striped in accordance with the submitted site plan, ADA and MCC 11-13-4.F. 2. Obtain a shared parking agreement with to allow patrons of the Library to use the Chapel ofthe Chimes parking lot. A copy of the parking agreement shall be submitted to the City Clerks office. The agreement must be recorded. 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 4. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 15 5. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 6. A drainage plan designed by a State ofIdabo licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for aU off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1 997 publication Catalog 0 f Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 7. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 8. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 9. As part of a conditional use permit, the City of Meridian may impose additional restrictions/ condi tions. 10. Water and sewer service locations to serve this proposed building were not shown on the submitted site plan. The designer shall fumish the Public Works Department a new site plan showing existing and proposed utility mains and service connection. 11. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Address posted in 6" numbers on the front of the building. 2. Provide a fire-flow consistent with Appendix III-A of the 1997 Uniform Fire Code. 3. Meet the requirements of the 1997 Uniform Fire Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 15 C. Adopt the Recommendations of Central District Health Department as follows: 1. Plans will be required to be submitted for a plan review for any beverage estab lishment. D. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. All storm drainage must be retained on site. 2. A Land Use Change/Site application is required to be filed with the Irrigation District. All laterals and wasteways must be protected. The Developer must comply with Idaho Code 31-3805. F. Adopt the action of the City Council taken at their May 29,2003 meeting as follows: L The applicant has obtained permission to use the Chapel of the Chimes parking lot for the additional ten parking spaces which are required. Additionally, the applicant has provided a letter stating that Chapel of the Chimes is in agreement and approves the additional parking spaces within their parking lot. The applicant shall be required to provide a recorded document of approval from Chapel of the Chimes rather than just the written letter. If the applicant is unable to secure a recorded document from Chapel of the Chimes, then the applicant shall be required to go through a variance application. 2. For clarification, the name ofthe craft store and coffeehouse shall be The Library Coffee House. 3. The revised Plans dated 5-22-03 are approved. 4. The applicant shall be required to have the trash location and enclosure approved by Sanitary Services. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 15 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 9 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 ;"O-t:!5- day of ~~ ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ VOTED~ COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED ~t!'- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 6-/0-tJ3 VOTED - MOTION: V APPROVED:-A- DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNrrT PAGE 14 OF 15 Attest: Ma~~ \\l1I111111/J// \\\\ II, '1.'\\_1 Of MER//'> 111// ,,' '" Vl.? "" ...." ~, -lA. ..z .:: .... C; Ofl,POFtcll:; . v ~ :::: ~G ~O ... ~ ~ S ~ ~ - - 7. t? ~ volt. ,OJ 0 g '/ "7/\ Sr 1Si . "-';::" -;.. V' ~-.... . . ""II';<j ._ '{:)'.::::-" . Copy served upon Apphcant, Planmng an(:b~/~i}giIVepaW:).tent, PublIc Works Department and the City Attorney. "/lItl1ll1\1\\\\ By: JI~k~,~ erty Clerk ' Dated: 6-(Z-tJ ~ Z:\Work\M\Meridian\Meridian 15360M\The Library CUP 03 OI6\FfClsCUP03-016,doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 15 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) CRAIG RITTENHOUSE FOR A CONDITIONAL ) USE PERl\1IT FOR A CRAFT STORE AND COFFEE- ) HOUSE IN AN O-T ZONE, LOCATED AT 141 EAST ) CARLTON, MERIDIAN, IDAHO ) ) ) ) ) C/C 05-27-03 CASE NO. CUP-03-016 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERl\1IT This matter coming before the City Council on the 2ih day of May, 2003, for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant, CRAIG RITTENHOUSE, is granted a conditional use for a craft store and coffeehouse in an Q-T zone, located at 141 E. Carlton, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 2. That the above named applicant is granted a conditional use permit for a craft store and coffeehouse in an O-T zone, located at 141 E. Carlton, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REQUIREMENTS ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - CRAIG RITTENHOUSE FOR CRAFT STORE AND COFFEEHOUSE (CUP-03-0 16) PAGE 1 OF 4 1. All parking and areas of circulation shall be improved with a hard surface in accordance with MCC 11-13-4.D, and shall be installed and striped in accordance with the submitted site plan, ADA and MCC 11-13-4.F. 2. Obtain a shared parking agreement with to allow patrons of the Library to use the Chapel ofthe Chimes parking lot. A copy of the parking agreement shall be submitted to the City Clerks office. The agreement must be recorded. 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13 -4C. 4. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 5. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 6. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department ofE nviromnental Quality 1 997 publication Catalog 0 f Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 7. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. 8. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate 0 f Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - CRAIG RITTENHOUSE FOR CRAFT STORE AND COFFEEHOUSE (CUP-03-016) PAGE 2 OF 5 occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 9. As part of a conditional use permit, the City of Meridian may impose additional restricti onsl condi ti ons. 10. Water and sewer service locations to serve this proposed building were not shown on the submitted site plan. The designer shall furnish the Public Works Department a new site plan showing existing and proposed utility mains and service connection. 11. A Certificate of Zoning Compliance and a Building Permit shaH be obtained prior to the start of construction. B. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. Address posted in 6" numbers on the front of the building. 2. Provide a fire-flow consistent with Appendix III-A of the 1997 Unifol111 Fire Code. 3. Meet the requirements of the 1997 Uniform Fire Code. C. Adopt the Recommendations of Central District Health Department as follows: 1. Plans will be required to be submitted for a plan review for any beverage establishment. D. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: 1. All storm drainage must be retained on site. 2. A Land Use Change/Site application is required to be filed with the Irrigation District. All laterals and wasteways must be protected. The Developer must comply with Idaho Code 31-3805. E. Adopt the action of the City Council taken at their May 29,2003 meeting as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - CRAIG RITTENHOUSE FOR CRAFT STORE AND COFFEEHOUSE (CUP-03-016) PAGE 3 OF 5 ( 1. The applicant has obtained permission to use the Chapel ofthe Chimes parking lot for the additional ten parking spaces which are required. Additionally, the applicant has provided a letter stating that Chapel of the Chimes is in agreement and approves the additional parking spaces within their parking lot. The applicant shall be required to provide a recorded document of approval from Chapel of the Chimes rather than just the written letter. If the applicant is unable to secure a recorded document from Chapel of the Chimes, then the applicant shall be required to go through a variance application. 2. For clarification, the name of the craft store and coffeehouse shall be The Library Coffee House. 3. The revised Plans dated 5-22-03 are approved. 4. The applicant shall be required to have the trash location and enclosure approved by Sanitary Services. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to the permit. By action of the City Council at its regular meeting held on the I~ day of ~ ~ 2003. Attest: ~- Robert D. Come, Mayor City of Meridian \\\I\IIIIIlIlI/ \\\\ /111 "\'_1 Of MfRl1" III; " ::<.."' v&, 1'; ....~ c} ~POR A I/V ~ 2' c,o ''''11'(;; ~ ~ ~ :0 ~ ~ ~ - - - - ~ , ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - CRAIG RITTENHOUSE FOR CRAFT STORE AND COFFEEHOUSE (CUP-03-016) PAGE40F5 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ~ ~ ~ By: Jt//~ ( 9.. City Clerk t/ Dated: 6-/2-P3 Z:\ Work\M\Meridian\Meridian I 5360M\The Library CUP 03 016\CUPOrder.doc ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - CRAIG RITTENHOUSE FOR CRAFT STORE AND COFFEEHOUSE (CUP-03-016) PAGE 5 OF 5 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A CHILD CARE FACILITY IN AN C-C ZONE FOR NEW HORIZON CHILD CARE, LOCATED AT 1830 NORTH MERIDIAN ROAD, MERIDIAN, IDAHO NEW HORIZON CHILD CARE, APPLICANT C/C OS/27/03 ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-019 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 May 27,2003, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Director for the Planning and Zoning Department, and Renee Cole, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONALUSEPERNUT PAGE 1 OF 15 (2) consecutive weeks prior to the said public hearing scheduled for May 27,2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries 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 May 27, 2003, public hearing; 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 g67-6509, 6512, and Meridian City Code gg 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 C-C zone and by reason of the provisions of the Meridian City Code g 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 1830 North Meridian Road, Meridian, Idaho. 5. The owner of record of the subject property is Trudy Comba, 3962 Aloai'i Drive, Princeville, Hawaii. 6. Applicant is New Horizon Child Care, 5551 Bloom Street, Boise, Idaho 83703. 7. The subject property is currently zoned C-C (Community Business District). The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 15 zoning district ofC-C 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 for two buildings on one lot for a child care facility in a C-C zone. The C-C zoning designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for most uses including those requested by the applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as "Commercial". 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the hnpact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development 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 ofthe 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 15 A. Adopt the Recommendations of the Planning and Zoning and Engineering staff (as modified by the Commission) as follows: CONDITIONS OF APPROV AL 1. Sanitary sewer and water service shall be from existing service lines on the property. Existing assessments shall be reviewed to detennine whether additional assessments wi]) be due with the new construction. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13 -4C. 3. All new signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 5. A ten percent (10%) reduction in required parking spaces, equaling a 4 space reduction is approved as requested. 6. Applicant has paid the additional fees of$355. 75 required for approval as a Planned Development. (Fees were originally calculated as $340.00 for a CUP and not $695.75 as required for a Planned Development of this size.) 7. The submitted landscaping/site plan will be approved pursuant to the following corrections: · All trees shall be a minimum of two inches (2") in caliper. · The concrete sidewalk and the fencing that encroaches into the required twenty-five foot (25') wide landscape buffer on the west side of the proposed building shall be replaced with landscaping as required by the Landscape Ordinance (MCC 12-13). The west facing door for emergency egress is approved with a concrete pad outside the door but without a sidewalk from the pad to the parking lot. Ten copies of the revised site plan have been submitted to the City Clerk's office for this project. 8. All parking shall be striped and improved in accordance with the Meridian City Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 15 9. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog 0 fS torill Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. Certificate of Occupancy; AU required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Ce11i ficate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost ofthe required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. B. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. The facility will have to have to meet the State Fire Marshal's standards for family day care facility. The Meridian Fire Department will conduct an inspection using this standard. 2. Address posted in 6" numbers on the front of the building. 3. Provide a fire-flow consistent with Appendix III-A of the 1997 Uniform Fire Code. 4. Applicant has provided a turnaround at the rear of the property. It appears that the revised site plan provided for a turnaround, however, the paved area on the northeast comer ofthe project has an unspecified use. Ifthis is the turnaround, then it will be required to be signed as such. C. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: 1. All storm drainage must be retained on site. All laterals and wasteways must be protected. The developer must comply with Idaho Code 31-3805. 2. A Land Use Change/Site application must be filed with the Irrigation District. 3. The Lateral, which courses along the south boundary, belongs to Settlers Irrigation District. D. Adopt the Recommendations of Settlers Irrigation District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 15 1. That all irrigation/drainage facilities along with their easements be protected. The Settlers Canal courses along the east and north boundary of the property. 2. A license agreement will need to be signed and recorded prior to construction of the tiling of the Settlers Canal. 3. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 4. All storm drainage must be retained on site. E. Adopt the Recommendations of Sanitary Service as follows: 1. The trash enclosures accommodated for on the revised Site/Landscape Plan shall be approved by Sanitary Service. F. Adopt the action of the City Council taken at their May 27,2003 meeting as follows: 1. The revised Site/Landscape Plan dated 05!l3/03 is approved. 13. It is found that the subject property is large enough to accommodate the required open spaces, parking, landscaping and other features required by ordinance. The applicant has requested a 10% reduction in parking as allowed by the Landscape Ordinance and this is not objected to. Furthermore, the applicant is requesting a reduction in the amount of trees required for the mitigation of several large trees being removed from the site, and this is not objected to either. The project is a planned development and is therefore subject to the City's requirements that the development provide two (2) amenities for use by those who will utilize the development. The applicant has provided open space in excess of 10% 0 f the gross area of the lot and a play area for the children to satisfy this requirement. It is found that these amenities are appropriate to the size and uses of the proposed development, per MCC 12-6-2 e. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 15 14. The current Comprehensive Plan Land Use Map designates the property as "Commercial" and is currently zoned "C-C". It is found that the requested use is in compliance with the approved Future Lane Use Map and that it approved as a CUP the project will be in compliance with the MCC. 15. It is found that the proposed development will not adversely change the existing or intended character of the general vicinity. 16. It is not anticipated that the proposed use will adversely affect adjacent propeliies. 17. It is found that the proposed development will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer. 18. That the proposed daycare 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 no excessive traffic, smoke, fumes, glare or odors will result from the proposed use. It is found that the proposed use would not create significant interference with any traffic on the surrounding public streets. 20. It is found 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 by the issuance of this conditional use. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 15 Chapter 65, Title 67, Idaho Code (LC. ~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 ofthe 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 detennine 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, ifit 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 CONDITIONALUSEPERNUT PAGE 8 OF 15 e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment ofthe proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Community Business District (C- C), 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 pennit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 15 with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; 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. 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 FlNDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTlNG CONDITIONAL USE PERMIT PAGE 10 OF 15 Order tbat: 1. That the above named applicant is granted a conditional use permit for two buildings on one lot for a child care facility in a C-C zone, located at 1830 North Meridian Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff (as modified by the Commission) as follows: CONDITIONS OF APPROV AL 1. Sanitary sewer and water service shall be from existing service lines on the property. Existing assessments shall be reviewed to determine whether additional assessments will be due with the new construction. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 3. All new signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 5. A ten percent (10%) reduction in required parking spaces, equaling a 4 space reduction is approved as requested. 6. Applicant has paid the additional fees of$355.75 required for approval as a Planned Development. (Fees were originally calculated as $340.00 for a CUP and not $695.75 as required for a Planned Development ofthis size.) 7. The submitted landscaping/site plan will be approved pursuant to the following corrections: · All trees shall be a minimum of two inches (2") in caliper. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 15 · The concrete sidewalk and the fencing that encroaches into the required twenty-five foot (25') wide landscape buffer on the west side ofthe proposed building shall be replaced with landscaping as required by the Landscape Ordinance (MCC ] 2-13). The west facing door for emergency egress is approved with a concrete pad outside the door but without a sidewalk from the pad to the parking lot. Ten copies of the revised site plan have been submitted to the City Clerk's office for this project. 8. All parking shall be striped and improved in accordance with the Meridian City Code. 9. A drainage plan designed by a State ofldaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog 0 fS torm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Cet1i ficate of Occupancy may be obtained by providing surety to the City in the form ofa letter ofcredit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. B. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. The facility will have to have to meet the State Fire Marshal's standards for family day care facility. The Meridian Fire Department will conduct an inspection using this standard. 2. Address posted in 6" numbers on the front of the building. 3. Provide a fire-flow consistent with Appendix III-A of the 1997 Uniform Fire Code. 4. Applicant has provided a turnaround at the rear of the property. It appears that the revised site plan provided for a turnaround, however, the paved area on the northeast corner ofthe project has an unspecified use. Ifthis is the turnaround, then it will be required to be signed as such. C. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONALUSEPERNITT PAGE 12 OF 15 1. All storm drainage must be retained on site. All laterals and wasteways must be protected. The developer must comply with Idaho Code 31-3805. 2. A Land Use Change/Site application must be filed with the Irrigation District. 3. The Lateral, which courses along the south boundary, belongs to Settlers lITigation District. D. Adopt the Recommendations of Settlers Irrigation District as follows: 1. That all irrigation/drainage facilities along with their easements be protected. The Settlers Canal courses along the east and north boundary of the property. 2. A license agreement will need to be signed and recorded prior to construction of the tiling of the Settlers Canal. 3. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 4. All storm drainage must be retained on site. E. Adopt the Recommendations of Sanitary Service as follows: 1. The trash enclosures accommodated for on the revised Site/Landscape Plan shall be approved by Sanitary Service. F. Adopt the action of the City Council taken at their May 27,2003 meeting as follows: I. The revised Site/Landscape Plan dated 05/13103 is approved. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit m 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 15 Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use pell11it approval may within twenty-eight (28) days after the date ofthis 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 I tJ -fA- day of J tf/kL ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE Mc CANDLESS VOTED~ COUNCILMAN WILLIAJ\t1 L.M. NARY VOTED ~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 6-(0-&3 VOTED MOTION: APPROVED: X DISAPPROVED: ~~- Mayor Robert D. Corrie FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 15 11\\\111111111' "~I ,,111; ~\~\ Of rv!ERtl"..../;/, " ..,.J (~'~,,, ,.. , ............ :<"" ""t.' . /".... /' a _,.~py..POF?.q z<;-~~,v ~s ~ ~ I'".. ::: - - = S~A1 ~ .c,jl."~l :: William G. Berg, Jr., City ler ~ c.Qu" _ ~~ ..0 i -/"'9'.1\ or 1S"\ ../ ,(' ..:' -;"V.LJ ~><;:;; "- ...." "7 . ~......'........ Copy served upon Applicant, Planning ari'd/~Sn:rblg.JDepa~111~nt, Public Works . 1111/ II" Department and the CIty Attorney. /{IJIlI1I\ Attest: Bydl~&~~ City Clerk Dated: 6-(Z--03 ~ Z:\ WorkWWeridian\Meridian J 5360M\New Horizon Child Care CUP -03 0 19\FfClsCUP03-0 19.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONALUSEPER1flT PAGE 15 OF 15 .~ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) NEW HORIZON CHILD CARE FOR A ) CONDITIONAL USE PERMIT FOR A CHILD CARE ) FACILITY IN AN C-C ZONE FOR NEW HORIZON } CHILD CARE, LOCATED AT 1830 NORTH } MERIDIAN ROAD, MERIDIAN, IDAHO ) ) ) ) C/C 05-27-03 CASE NO. CUP-03-019 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on May 27,2003, for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Conunission the Council takes the following action: 1. That the Applicant, NEW HORIZON CHILD CARE, is granted a conditional use pennit for a Planned Development for two buildings on one lot for a child care facility in a C-C zonelocated at 1830 North Meridian Road, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 2. That the above named applicant is granted a conditional use permit for a Planned Development for two buildings on one lot for a child care facility in a C-C located at 1830 North Meridian Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff (as modified by the Commission) as follows: CONDITIONS OF APPROVAL ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - NEW HORIZON CHILD CARE FOR NEW HORIZON CHILD CARE - (CUP-03-019) PAGE 1 OF 5 1. Sanitary sewer and water service shall be from existing service lines on the property. Existing assessments shall be reviewed to determine whether additional assessments wi 11 be due with the new construction. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 3. All new signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 5. A ten percent (10%) reduction in required parking spaces, equaling a 4 space reduction is approved as requested. 6. Applicant has paid the additional fees of$3 55.75 required for approval as a P lalU1ed Development. (Fees were originally calculated as $340.00 for a CUP and not $695.75 as required for a Planned Development of this size.) 7. The submitted landscaping/site plan will be approved pursuant to the following corrections: · All trees shall be a minimum of two inches (2") in caliper. · The concrete sidewalk and the fencing that encroaches into the required twenty-five foot (25') wide landscape buffer on the west side of the proposed building shall be replaced with landscaping as required by the Landscape Ordinance (MCC 12-13). The west facing door for emergency egress is approved with a concrete pad outside the door but without a sidewalk from the pad to the parking lot. Ten copies of the revised site plan have been submitted to the City Clerk's office for this proj ect. 8. All parking shall be striped and improved in accordance with the Meridian City Code. 9. A drainage plan designed by a State ofIdaho licensed architect or engineer is required ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - NEW HORIZON CHILD CARE FOR NEW HORIZON CHILD CARE - (CUP-03-019) PAGE 2 OF 5 and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1 997 publication Catalog 0 f S tonn Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Celiificate of Occupancy may be obtained by providing surety to the City in the fonn of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. B. Adopt the Recommendations ofthe Meridian Fire Department as follows: I. The facility will have to have to meet the State Fire Marshal's standards for family day care facility. The Meridian Fire Department will conduct an inspection using this standard. 2. Address posted in 6" numbers on the front of the building. 3. Provide a fire-flow consistent with Appendix III-A of the 1997 Ullifonn Fire Code. 4. Applicant has provided a turnaround at the rear of the property. It appears that the revised site plan provided for a turnaround, however, the paved area on the northeast comer of the project has an unspecified use. If this is the turnaround, then it will be required to be signed as such. C. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: I. All storm drainage must be retained on site. All laterals and wasteways must be protected. The developer must comply with Idaho Code 31-3805. 2. A Land Use Change/Site application must be filed with the Irrigation District 3. The Lateral, which courses along the south boundary, belongs to Settlers Irrigation District. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - NEW HORIZON CHILD CARE FOR NEW HORIZON CHILD CARE - (CUP-03-019) PAGE 3 OF 5 D. Adopt the Recommendations of Settlers Irrigation District as follows: 1. That all irrigation/drainage facilities along with their easements be protected. The Settlers Canal courses along the east and north boundary of the property. 2. A license agreement will need to be signed and recorded prior to construction of the tiling of the Settlers Canal. 3. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Inigation District. 4. All storm drainage must be retained on site. E. Adopt the Recommendations of Sanitary Service as follows: 1. The trash enclosures accommodated for on the revised Site/Landscape Plan shall be approved by Sanitary Service. F. Adopt the action ofthe City Council taken at their May 27,2003 meeting as follows: 1. The revised Site/Landscape Plan dated 05/13/03 is approved. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code 9 11-17-8, a copy of which is attached to the permit. I. t1-- - ~ '" d By action of the City Council at its regular meeting held on the {lJ- day of 'Vvv~ ~- 2003. ~ 7v. ~ -::. Q(f "Qi 0 .:;- ORDER OF CONDITIONAL APPROV~ ~ 'S.,. 1S\' <J....f j CONDITIONAL USE PERMIT - NEW H~ILD ~~ FOR NEW HORIZON CHILD CARE - (CUP-6~[O(~9) 11\\\\\\\\ PAGE 4 OF 5 Copy served upon Applicant, the Planning and Zoning Department, Public W'iW~~IJ;?epartment . \\ \ \ I / I1I1 and CIty Attorney. ,\\\\ Of MER/I""I/ ,,":::- ,(--\ <..1//1 11,/ $' (j\." POR -11--"'~ 2" r:P'?> :41'(:: -;.. Dated: 6-/2-tJJ f ~ 0 \ BY~P~ ~ Ity Clerk - ,f Z:\Work\M\Meridian\Meridian I 5360M\New Horizon Child Care CUP -03 0] 9\CUPOrder.doc ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - NEW HORIZON CHILD CARE FOR NEW HORlZON CHILD CARE - (CUP-03-019) PAGE 5 OF 5 June 6. 2003 MERIDIAN CITY COUNCil MEETING June 10.2003 APPLICANT Public Works Department ITEM NO. REQUEST Sewer and Water Main Easement for Krispy Kreme Subdivision: 3-J" 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 wrr~ Date: Phone: Materials presented at public meetings shall become properly of the City of Meridian. @:it\/: at t\4eriCiieim l?l.JoliG ~ 'VVarl<s IJerPt. .~" ~ " , . ~ ~ ~, Memo RECEIVED JUN - 3 2003 City Of Meridian City Clerk Office To: Sharon Smith From: Gary D. Smith, PE CC: file Date: June 3, 2003 Re: Sanitary Sewer and Domestic Water Easements Sharon: I would appreciate it if you could place the attached easement agreements on the next available City Council Consent Agenda: *- 1. Krispy Kreme: Southwest corner of Eagle Road and Fairview Avenue. Sewer and water main easement. 2. Sanitary Services Company: North side of Franklin Road, west of Linder Road. Water Main easement. Thank you and if there are any questions please call. Each of these easements have been signed by the property owners (grantors). G!f:o- From the desk of... Gary D. Smith, PE Public Works Director Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 (208) 89&.5500 Fax: (208) 887-1297 . Page 1 ~ , ' , ' ?, ?, " ",Gity'of Meri~ian, ~~' ,~' BLJtilic VVOtks~,D,ept., :, ~ ' m RECEIVED JUN - 3 2003 qty Of Meridian CIty Clerk Office To: from: Public Works Director: Gary Smith Steve O'Brien Qn File, Daunt W. ~ 4/2512003 cc: Date: Re: Easement for Krispy Kreme Gary, Attached you will find water sewer line easements for the above-mentioned project. I have reviewed the easements and found them adequate for presenting to City Council for signatures. If you have any questions please do not hesitate to let me know. From the desk of... Steve O'Brien Engineering Tech. 1 Meridian Public Wo!ks Department 660 E. Wa1ertower., Suite 200 Meridian, Idaho 83642-2600 . Page 1 (208898--5500 Fax: (208) 887.1297 SEWER EASEMENT THIS INDENTURE, made this _ day of _, 20_between Gemtone, Inc. , the party of the first part, and hereinafter called the Grantors, and Meridian Joint School District No.2, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide an irrigation right-of-way across the premises and property hereinafter particularly bounded and described; and \VHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and \VHEREAS, 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 operation and maintenance of a sewer line 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 sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience ofthe Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after 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 C:\projects\2002\08\20823 - Krispy Kremes\Correspondence\Out-going\EASMT.SWR.doc Page 1 EASMT.SWR 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 ofland, 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: ~~J~ President STATE OF IDAHO ) ) ss County of Ada ) \ On this 2-L-\-rA day Of~\ \ ,200 before l!1e, the undersigned, a Notary Public in and for said State, personally appeared . \. and , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and aclmow1edged 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 ~~~. n. """'.fi~tl MOO". ",,"~'\'f; ....A .:" ~'> ... v "'. ;01; ~.. "' i !!: l ~o't ARl' ok . .. ~ = . _e- :: c., '; it ~ I'> ay\: 0 . ... U JJ' ."1:. ~~ toIo_. ~'fT ~# <Pr .... \'9" -""".-1. 7' B 0' ~..,. #.".........~ C:\projects\2002\08\20823 ~ Krispy Kremes\Correspondence\Out-going\EASMT.sWR.doc EASMT.sWR .. ~~~J 4r ~ ffiD D\L TARY PUBf FOR IDAHO Residing atto\8.::: Commission Expires:I'~,GO Page 2 Commission Expires: GRANTEE: CITY OF MERIDIAN Robert D. Come, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: C:\projects\2002\08\20823 - Krispy Kremes\Correspondence\Out-going\EASMT.SWR.doc Page 3 EASMT.SWR EXHIBIT "A" DESCRIPTION OF CITY OF MERIDIAN SANITARY SEWER EASEMENT PROPOSED KRISPY KREMES SUBDIVISION April 24, 2003 An easement for sanitary sewer facilities in Lots 1, 2, 9 and 10, Block 1, Treasure Valley Business Center Phase 1, located in the NE X of Section 8, Township 3 North, Range 1 East of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of Section 8, T. 3 N., R. 1 E., B.M., thence N 89048'53" W 508.35 feet along the north line of said Section 8 to a point; Thence S 00000'00" W 140.54 feet to the BEGINNING POINT of this easement centerline description, said easement being 20 feet in width and centered on the following described line; Thence S 00024'45" W 254.19 feet to a point; Thence S 23045'42" E 29.30 feet to a point; Thence S 00024'45" W 202.87 feet to a point on the south boundary of Lot 10, Block 1, Treasure Valley Business Center Ph.1, the END POINT of this easement centerline. Michael E. Marks, P.L.S. 30404ssease I . I I S 00'00'00" W ~ 140.54' : I 2 9 JEWELL STREET BRIGGS ENGINEERING. INC. CITY (~) (208)34'-9700 1800 W. OVERlANO ROAD BOISE, IDAHO 83705 EXHIBIT "8" N 89'48'53" W 508.35' FAIRVIEW AVENUE BEGINNING POINT 1 S 00'24'45" W 254.19' TREASURE VALLEY BUSINESS CENTER PH,1 I S 23'45'42" E I 29.30' V- I [~ r--. ...r co~ . ...r NN Ob C"lo I 10 10 c.n Ig. BLOCK 1 N 10 u.J > -< u.J > :::J o OF MERIDIAN SANITARY SEWER EASEMENT PROPOSED KRISPY KREMES A PORTION OF TREASURE VALLEY BUSINESS CENTER LOCA TED IN THE NE 1/4 OF SECTION 8, T.3N., R.1E., 8.M., MERIDIAN, ADA COUNTY, IDAHO DRAFT SCALE DATE DWG.NO. MEM NTS 4/24/03 30404 REVISION SHEET DESIGN EXHIBIT ~ 819 LO J""') Cl O"l <C v to 0 N 0::: W --.J 3: C) <C uJ w ...r Co :z a , ~ a (f) 8t9 1 OF 1 WATER MAIN EASEMENT THIS INDENTURE, made this _ day of ,20_between Gemtone. Inc. , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; 'WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation, maintenance, repair, replacement of a water 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 EXPRESSL Y 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 C:\projects\2002\08\20823 - Krispy Kremes\Correspondence\Out-going\EASMT. WTR.doc Page 1 EASMT.WTR 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 ofland, 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: ~-), 0~ President STATE OF IDAHO ) ) ss County of Ada ) On this ''2l4h. day of ~ \ \ , 20tB before me, the undersigned, a Notary Public in and for said State, personally appeared~~ T ~T and , known or identified to me to be the President of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. ~~~F& Residing at W Commission Expires: l ,26 ,tR) C:\projects\2002\08\20823 - Krispy Kremes\Correspondence\Out-going\EASMT. WTR.doc Page 2 EASMT.WTR GRANTEE: CITY OF MERIDIAN Ro bert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: C:\projects\2002\08\20823 - Krispy Kremes\Correspondence\Out~going\EASMT. WTR.doc Page 3 EASMT.WTR EXHIBIT "A" DESCRIPTlON OF CITY OF MERIDIAN WATER LINE EASEMENTS PROPOSED KRISPY KREMES SUBDIVISION April 24, 2003 Two easements for water line facilities in Lots 1, 2, 9 and 10, Block 1, Treasure Valley Business Center Phase 1, located in the NE 'V4 of Section 8, Township 3 North, Range 1 East of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: EASEMENT "AI) Commencing at the northeast corner of Section 8, T. 3 N., R. 1 E., B.M., thence N 89048'53" W 495.90 feet along the north line of said Section 8 to a point; Thence S 00000'00" W 78.01 feet to a point on the southerly right of way of Fairview Avenue, the BEGINNING POINT of this easement centerline description: Easement 10' right and 10' left: Thence S 00024'45" W 45.00 feet to a point; Easement 37' right and 10' left: Thence S 00024'45" W 5.00 feet to a point; Easement 10' right and 10' left: Thence S 00024'45" W 60.51 feet to a point; Easement 3D' right and 10' left: Thence S 00024'45" W 5.00 feet to a point; Easement 10' right and 10' left Thence S 00024'45" W 12.97 feet to a point; Easement 10' right and 20' left: Thence S 00024'45" W 5.00 feet to a point; Easement 10' right and 10' left: Thence S 00024'45" W 62.04 feet to a point; 30404watease Easement 3D' right and 10' left: Thence S 00024'45" W 5.00 feet to a point; Easement 10' right and 10' left: Thence S 00024'45" W 47.51 feet to a point; Easement 30' right and 10' left: Thence S 00024'45" W 5.00 feet to a point; Easement 10' right and 10' left: Thence S 00024'45" W 40.82 feet to a point; Easement 30' right and 10' left: Thence S 00024'45" W 5.00 feet to a point; Easement 10' right and 10' left: Thence S 00024'45" W 15.34 feet to a point Thence S 23045'42" E 14.60 feet to a point; Easement 31' right and 10' left: Thence S 23045'42" E 10.00 feet to a point; Easement 10' right and 10' left: Thence S 23045'42" E 4.85 feet to a point; Thence S 00024'45" W 20.78 feet to a point; Easement 29' right and 10' left: Thence S 00024'45" W 5.00 feet to a point; Easement 10' right and 10' left: Thence S 00024'45" W 12.75 feet to a point; Easement 10' right and 19' left: Thence S 00024'45" W 5.00 feet to a point; Easement 10' right and 10' left: Thence S 00024'45" W 37.04 feet to a point; 30404watease Easement 29' right and 10' left: Thence S 00"24'45" W 5.00 feet to a point; Easement 10' right and 10' left: Thence S 00"24'45" W 54.65 feet to a point; Easement 10' right and 19' left: Thence S 00"24'45" W 5.00 feet to a point; Easement 10' right and 10' left: Thence S 00"24'45" W 64.12 feet to a point on the south boundary of Lot 1 a, Block 1,. Treasure Valley Business Center Ph.1, the END POINT of this easement centerline. EASEMENT "Bu Commencing at the northeast corner of Section 8, T. 3 N., R. 1 E., B.M., thence N 89048'53" W 495.90 feet along the north line of said Section 8 to a point; Thence S 00000'00" W 78.01 feet to a point on the southerly right of way of Fairview Avenue, said point being the Beginning Point of Easement "A"; Thence S 00024'45" W 60.57 feet along the centerline of Easement "A" to the BEGINNING POINT of this easement centerline description; Easement 2.5' right and 2.5' left: Thence S 89"35'15" E 197.81 feet to a point; Thence S 00024'45" W 27.00 feet to the END POINT of this easement centerline Michael E. Marks, P.L.S. 30404watease EXHIBIT "s" 'J N 89'48'53" W 495.90' I !_~8~~;90'OO" W FAIRVIEW AVENUE I I BEGINNING POINT "A" 2 27' ~ in ~EGINNING POINT "s" I 197.81' in~ ~o;" S 89'35'15" E I I 27.00 S 00'24'45" W END POINT "B" 1 S 00'24'45" W 314.19' 10 TREASURE VALLEY BUSINESS CENTER PH,1 EXISTING LOT LINES BLOCK 1 9 ~ S 23'45'42" E 29.45' , . JJ:J t S 00'24'45" W LO 9l I 209.34' '1010 ~, 2f' I in N JEWELL STREET L.l.J > :::J o BRIGGS ENCINEERING. INC. (~) (208)3404-9700 1800 W. OVERLAND ROAD BOISE, IDAHO 83705 CITY OF MERIDIAN WATER LINE EASEMENTS PROPOSED KRISPY KREMES A PORTION OF TREASURE VALLEY BUSINESS CENTER LOCATED IN THE NE 1/4 OF SECTION 8, T.3N., R.1 E., 8.M., MERIDIAN, ADA COUNTY. IDAHO DESIGN DRAFT SCALE DATE DWG.NO. MEM NTS 11/05/02 20823 REVISION SHEET EXHIBIT ~ 819 I,() ......., Cl o-i <( "<l'" <.0 0 N 0::: L.l.J ....J 3= 0 <( "in L.l.J "d- Co Z P ~ 0 U) 8~~L 1 OF 1 June 6. 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department June 10,2003 ITEM NO. 3 - !<-> REQUEST Water Main Easement for Sanitary Services -- north of West Franklin Road and west of North Under Road: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo I Easement ~~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Warks Dept. 'cc c', Memo RECEIVED JUN - 3 2003 City Of Meridian City Clerk Office To: Sharon Smith From: Gary D. Smith, PE cc: file Date: June 3, 2003 Re: Sanitary Sewer and Domestic Water Easements Sharon: I would appreciate it if you could place the attached easement agreements on the next available Cify Council Consent Agenda: 1. Krispy Kreme: Southwest comer of Eagle Road and Fairview Avenue. Sewer and water main easement. #:. 2. Sanitary Services Company: North side of Franklin Road, west of Under Road. Water Main easement. Thank you and if there are any questions please call. Each of these easements have been signed by the property owners (grantors). G~ From the desk of... Gary D. SmHh, PE Public Works Director Meridian Public Works Deparlment 660 E. Walerlower Lane. Suite 2C(l Meridian, Idaho 83642 (208) 898-5500 Fax: [208) 887-1297 . Page 1 City ,of' MC:lIi~ia~' :",I,: ,,', ." : ,public ~o~s:J;Jept~ " , ~ ,-' ,~:' ,~,,' -.' ", ~ ~ }<"" ',_? <' , Memo From: Public Works Director: Gary Smith Steve O'Brien~ File r 5/15/2003 RECEIVED JUN - 3 2003 To: City Of Meridian City Clerk Office cc: Date: Re: Easement for Sanitary Services Gary, Attached you will find one water line easement for the above-mentioned project. I have reviewed the easement and found them adequate for presenting to City Council for signatures. If you have any questions please do not hesitate to let me know. .-.~" I From the desk oC . Steve O'Brien Engineering Tech. I Meridian Public Works Department 660 E. WatertoweT" Suire 200 Meridian, Idaho 83642-2600 . Page 1 (208898-5500 Fax: (208) 887-1297 WATER MAIN EASEMENT TIDS INDENTURE, made this _ day of _, 2003 between Trisect, LLC, 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 pipel ine 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 oftl:e easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shal I 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 ofthe right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of 110 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. ,~=i" S~ Member ~cr-~ Memb 0- STATE OF IDAHO ) ) ss County of Ada ) On this ~ day of May, '2003, before. me, the un,dersigned, a Not~ry P~blic in and for said State, personally appeared Skv-e. St,d..{c<.UJ:-. and, tJJ'l U esr:~ ' known or identified to me to be as members of the limited liability corporation at xecuted the within instrument, and acknowledged to me that such limited liability corporation executed the same. "1\\\\IUlilllil/lIl/lll ;,\\1\ 11111. NOTARY PwBA~P0R4lt2~o $ ~ ~.,,'I."t'f... 0 %. ~ ~ -,' 0" .4 L'\ '....:;p ~ g :- ~ '7; ~ '% -.~ ~.- ~ : -.- : ~ ;'~,o : ~ "% <P ...... UB\.. \Ui. 0 l ~ ~ ## . ." ~ ~ ~ A~ '.'null' tt..,...~ ~~",~ \:<)r~~ 1'1111/ t:: 0 F \ \\\.~"'\ 1111111"111111111\\11\\\\\\\ Residi at Commission Expires: Member STATE OF IDAHO ) ) ss County of Ada ) GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: EXfI{BIT "A" WATER LINE:"EASEMENT SANITARY SERVI~COMPANY A PORTION OF THE SEl/4 OF SEcr{oN 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BorSE~ERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAIW'~ 2003 ~ "- "-0" , "'::,, , ........ '-'>-.. 6' ........ ~1,Q;"""" "~'<.& , ........'~' ~~~~~> "" I ",~ "'- I ~, "'- "'-" "'- '" "'- " " 100 0 SO 100 200 '"";;;"'" '. I '''-..,,_ I '" I ~ " -'~, F-c..: 39"~ - - -- - -- - -- -_ - __u __ _ __ _ _ u ~~~ "~ _~_EN~~AL e~u~:;~I~ ~.~ I i"\ LOT LINE ll\ Zj 1 - - - - - ROAO CENTER LINE , .... , - - - - PROPOSED EASEMENT LINE I j \ \ =.,,=..~......,= EL~~~T:::I::T LINE I , ~ BRASS CAP I :1 \ $ ALUMlNUl.l CAP 'I' 1 ' 0 ALUMINUM CAP '\ 1 ~ 20.81' II I '{J01 11190'00'00"E 27.83' : I : ifr=1", I / 1 ...II~::! ~ "-..', I ' 'I -I ',I'; "" EXISTING 20' IRRIGATION ~('/ I ..t :;:: -..., EASEl.lENT rOR EXISTING 24' . ~ <D 1 I 1 -RCP FOR BENEFIT OF NAkAPA \ j ~I i L ~ l.l~~~:IRRIGAT10N DISTRICE A II : ~I~~ ""-.., I}.I II 1 . I [ ',,~ " II11 J. g , ~ N90.00'00"E 56.46' ~ '. J : Z I''; --'LL_' ro.OO' I:!! 20.00' II r- 1 , NOO.44'00"EI~00.44'OO"W 12.00' 1 J NOO.44'00"W 12.00', 4B.00' I; 1 1..........-~~0.44'OO"W 48.00' I II .~ II ---<- -- '~ f-f' u ~ ; 7. ...-.......- - --------- - 12 ; ; _~-------------u-u-- 1719.8 --- --t::' , '1<0.._________ __om mum -::::::::::::::19-i3~32~:--:~~ ?_:~~:~~ =====================:::::>- 4 113 I --()---'l FRANKLIN ROAD BASIS OF BEARING N89.16'OO"E 2657.82 WATER LINE EXHIBIT "A" 1" = 200' DETAIL FILENAME: C026189_EASEMENT.DWG CREATION DATE: MAR 26 2003 PINN It CLE DRAWN BY: DJT CHECKED BY: CRM Engineers, Inc. 12552 We Execuliv. Or., Suile 8. 80;... Idoho 83713 (208) 887-7760 -, 11 12 E 1/4 to "! LO '<t '" <'I .!'" in If'> "co LO b o 1I1 L ~ .:\A_CIVIL\C026189\dwg\C026189_EASEMENT.dwq, 05/13/0302:27:00 PM. LaserJ( EXHIBIT "A" A water services easement located in a portion of the SEl/4 of Section 11, Township 3 North, Range I West, Boise Meridian, City of Meridian, Ada County, Idaho and described as follows: Commencing at an aluminum cap monument marking the NE comer of said SE1/4, thence along the East line of said SEl/4 SOQo58'55"E a distance of2645.96 feet to a brass cap monument marking the SE corner of said SEl/4, thence leaving said East line and along the South line of said SEl/4 S89016'00"W a distance of 1752.54 to a point, thence leaving said South line NOoo44'00"W a distance of 48.00 feet to a point, thence NOooOO'OO'E a distance of363.37 feet to a point, thence N90000'00''E a distance of 10.00 feet to the POINT OF BEGINNING; Thence 10.00 feet on each side of the following described line; NOOOOO'OO"E a distance of 17.83 feet to the terminus of said line. Said easement contains 357 square feet more or less and is subject to all existing easements and rights-of-ways of record or implied. C026 ] 89_ north_I ine Jegal_description _ 051203kns EXHIBIT "A" A water services easement located in a portion of the SEl/4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and described as follows: Commencing at an aluminum cap monument marking the NE comer of said SEl/4, thence along the East line of said SE1I4 SOo058'55"E a distance of2645.96 feet to a brass cap monument marking the SE comer of said SEl/4, thence leaving said East line and along the South line of said SE1/4 88901 6'00"W a distance of 1752.54 to a point, thence leaving said South line NOo044'00"W a distance of 48.00 feet to a point, thence NOooOO'OO'E a distance of 158.24 feet to a point, thence N90000'OO"E a distance of 1 0.00 feet to the POINT OF BEGINNING; Thence 17.50 feet on each side of the following described line; NOOOOO'OO"E a distance of 46.46 feet to the terminus of said line. Said easement contains 1626 square feet more or less and is subject to all existing easements and rights-of-ways of record or implied. C026 189_ ce ntraU ine _I egal_ des cri ption _ 051203kns EXHIBIT "A" A water services easement located in a portion ofthe SE1I4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and described as follows: Commencing at an aluminum cap monument marking the NE comer of said SE1I4, thence along the East line of said SE1/4 SOoo58'55"E a distance of2645.96 feet to a brass cap monument marking the SE comer of said SE1/4, thence leaving said East line and along the South line of said SE1I4 S89016'00"W a distance of 1752.54 to a point, thence leaving said South line NOoo44'00"W a distance of 48.00 feet to the POINT OF BEGINNING; Thence 1 0.00 feet on each side of the following described line; NOOOOO'OO"E a distance of 384.17 feet to the terminus of said line. C026189 _ mai n_J i ne J egal_ description_ 05] 203 kns EXHIBIT "A" A water services easement located in a portion of the SEl/4 of Section 11, Township 3 North, Range I West, Boise Meridian, City of Meridian, Ada County, Idaho and described as follows: Commencing at an aluminum cap monument marking the NE comer of said SE1I4, thence along the East line of said SEl/4 SOoo58'55"E a distance of2645.96 feet to a brass cap monument marking the SE comer of said SE1I4, thence leaving said East line and along the South line of said SE1I4 S89016'OO"W a distance of 1719.87 feet to a point, thence leaving said South line NOoo44'OO"W a distance of 48.00 feet to the POINT OF BEGINNING; Thence 10.00 feet on each side of the following described line; N00044'QQ"W a distance of 12.00 to the terminus of said line. Said easement contains 240 square feet more or less and is subject to all existing easements and rights-of-ways of record or implied. C026 ] 89_ east_ hydranUegal_ description _051203 kns EXHIBIT "A" A water services easement located in a portion of the SE1I4 of Section] 1, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and described as follows: Commencing at an aluminum cap monument marking the NE comer of said SEl/4, thence along the East line of said SE1I4 SOoo58'55"E a distance of 2645.96 feet to a brass cap monument marking the SE comer of said SE1/4, thence leaving said East line and along the South line of said 8E1/4 8890 16'00"W a distance of 1973.32 feet to a point, thence leaving said South line NOoo44'OO"W a distance of 48.00 feet to the POINT OF BEGINNING; Thence 10.00 feet on each side of the following described line; NOoo44'OO"W a distance of 12.00 feet to the terminus of said line. Said easement contains 240 square feet more or less and is subject to all existing easements and rights-of-ways of record or implied. C026189 _ west_ hydranUegal_ descri pli on _ 051203kns June 6, 2003 MERIDIAN CITY COUNCIL MEETING June 10, 2003 APPLICANT Public Works Department ITEM NO. REQUEST Sewer and Water Main Easement for Sundance Subdivision No.2: 3-L 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: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Memo / Easement ~r Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ? ' ? "" ? Gig ofMeridiari ' Public WQrks' Dept~ ' , . ? .!,. Memo RECEIVED JUN - 5 2003 Ctty Of Meridian CIty Clerk Office To: Mayor Corrie & City Council From. Brad Watson, P_E#~ CC: File, Gary Smith, PE, City Clerk Date: 6/5/2003 Re: Proposed Agenda Items for June 10 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the June 10 City Council agenda, on the Consent Agenda, for Council's consideration: ~ 1) ---" Sanitary Sewer and Water Main Easement for Sundance Subdivision NO.2. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Sundance Subdivision No.2 and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for Bridqetower Crossinq Subdivision NO.3. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Bridgetower Crossing Subdivision No.3 and authorize the Mayor to sign and City Clerk to attest. 3) Streetliqht Aqreement for Sutherland Farms Subdivision NO.1. Typical decorative streetlight agreement. Recommended Council Action: Approve the Streetlight Agreement for Sutherland Farms Subdivision No.1 and authorize the Mayor to sign and City Clerk to attest. 4) Streetliqht Aqreement for Meadowlake Villaqe (aka Touchmark Subdivision) . Typical decorative streetlight agreement. . Page 1 Recommended Council Action: Approve the Streetlight Agreement for Meadowlake Village (aka Touchmark Subdivision) and authorize the Mayor to sign and City Clerk to attest. 5) Streetlight Agreements for Lochsa Falls Subdivisions No.1, 2 & 3. Typical decorative streetlight agreements. Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls Subdivisions No.1, 2 & 3 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 2 < Ma~ 28 03 02:01p 2089380941 ( p.2 SANITARY SEWER AND WATER MAIN EASEMENT .--' THIS INDENTURE, made this _ day of , 20_between SUNDANCE LIMITED COW ANY, LLC, the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WI1NESSETH: WHEREAS, the Grantor desires 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 Grantor, and other good and valuable consideration, the Grantor do hereby give, grant and convey unlo 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 easement. 2030lSW Easement Page I EASMT.SW.doc Ma::l 28 03 02:01p 2089380941 (, p.3 THE GRANTOR does hereby covenant and agree that they will not place or allow to be pl~ced 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 GRANTOR does 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 GRANTOR does 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 whom~oever. IN WI1NESS 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 Countyof J3..e.(.IAl6lJtLl A ) On this ,;( I c;..- day nf /!il ~I ,2003, before me, the undersigned, a Notary Public in and for said State, perso ally appeared Gary L. Voigt, known or identified to me to be the managing member of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF> I have hereunto' set my hand and affixed my official seal the day ...~".,..~md year fist above written. ....-.. ~...., ,. ,~_::\~ A. l-J).' "'. "~""0~u ................. i "l.. ';, ,.-...... ... ,~ j: t ;.' I..;, . . ,-, r f ({ / O~ AR y~..\ ':i 1:~ : /, . . ~ r.. I ?: \'-J:;r ~, \PUB\... i~;:; t ~ .' .~. ,. t ...., ..... ::\. ..;- ~\~~1'f~{:ITY OF MERIDIAN \.'\,''''......".....---- NqT~'X-PU~LIC FOfl:-ID1HQ ~ t/1it/ cttft- /';/- /J.L4ho Resf~r IbA.lLe~ CU /h ComrmSSlon 'ExpIres: //-/ t -o~/ at 203DlSW Easement Page 2 EASMT.SW.doc Ma~ 28 03 02:01p 208.9380941 i, Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: 20301 SW Easement Page 3 EASMT.SW.doc p.4 Ma~ 28 03 02:01p 208Q380S41 ( p.5 EXHIBIT" A" DESCRIPTION FOR TEMPORARY SANITARY SEWER AND WATER EASEMENTS PROPOSED SUNDANCE SUBDIVISION NO.2 December 12) 2002 A temporary easement for sanitary sewer and water line construction and maintenance, Located in the SW ~ of Section 31, Tovmship 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: TEMPORARY EASEMENT NO.1 (WATER AND SEWER) Commencing at the southwest comer of Section 31, Township 4 North, Range 1 East, Boise Meridian; thence S 89034'1 T' E 617.39 feet along The South Section line to a point; thence N 0000'00" E 1064.52 feet to the REAL POINT OF BEGINNING of this easement description; Thence S 28008'07" E a distance of 41.41 feet to a Point; Thence S 61030'44" W adistanceof20.00 feetto a Point; Thence N 28008'07" W a distance of 41.41 feet to a Point; Thence N 61030'4411 E a distance of20.00 feet to a Point to the REAL POINT OF BEGINNING; TEMPORARY EASEMENT NO.2 (WATER) Commencing at the southwest comer of Section 31, Township 4 North, Range 1 East, Boise Meridian; thence S 89034'17" E 713.91 feet along The South Section line to a point; thence N 0000'00" E 808.71 feet to the REAL POINT OF BEGINNING oftills easement description; Thence S 05045'00" E a distance of 20.00 feet to a Point; Thence S 84015'00" W a distance of20.00 feet to a Point; Thence N 05045'0011 W a distance of20.00 feet to a Point; Thence N 84015'00" E a distance of20.00 feet to a Point to the REAL POINT OF BEGINNING; Ma~ 28 03 02:02p 2089380941 p.s TEMPORARY EASEMENT NO. 3 (\VATER AND SEWER) Commencing at the southwest comer of Section 31, Township 4 North, Range 1 East, Boise Meridian; thence S 89034' 17" E 778.17 feet along The South Section line to a point; thence N 0000'00" E 647.93 feet to the REAL POINT OF BEGINNING of this easement description; Thence S 89008'1 au E a distance of 42.00 feet to a Point; Thence S 00051'50" W a distance of20.00 feet to a Point; Thence N 89008'10" Wa distance of 42.00 feet to a Point; Thence N 00051'50" E a distance of20.00 feet to a Point to the REAL POINT OF BEGINNING; M^V ~~ In~ A A.A~ Ma~ 28 03 02:02p LINE TABLE E w W E E w w E E W W E Ll S 28'08 07 L2 S 61'3044 L3 N 28'08 07 l4 N 61'3044 L5 S 05'4500 L6 S 84'15 00 l7 N 05'4500 L8 N 84'1500 L9 S 89'0810 LlD S 00'51 50 Lll N B9'DB 10 L12 N 00'5150 EXHIBIT Jla" ~ 20~g380S41 p,? .N. TEMPORARY SANITARY SEWER = AND WATER EASEMENT 1l REAL POINT OF BEGINNING TEMPORARY SANITARY SEWER AND WATER EASEMENT NO. 1 41.41 20.00 41.41 " 20.00 _,0' 20.00 ~ " 20.00 C;}O 20.00 ~'\ 20.00 ,;:})O 42.00 ~ S 20.00 ~G :~::l <?-0'<2'O~ ~ PROPOSED SUNDANCE SUBDIVISION NO.2 ~ r-1 BRIGGS ENGINEERING. INC. ~ (BRIGGS) 36 ! 31 <? W 1/4 CORNER I I I I 1 I I I 1 I I f I I I I I I I ~! 01 a:::: . ;;;' oj f5i :::Sj Zj 1 I I I r 1 I I I I I j r 1 REAL POINT OF BEGINNING I TEMPORARY SANITARY SEWER I AND WAT~R EASEMENT NO. 3 I ~ L9 I ':.. L 0 . I "', L 1 UNPLATTED . ~kPOINT OF COMMENCING I :!I ~l r SECTION CORNER I P pb i , ~ji ~~ . 36 ~.LL4ti.,_~.J.~._6.'2:.3.9':'" _.J.Z.!}.91' _ 77B.l1f E. USTICK ROAD 31-.A ---'Iil!:'l 01 i 06 T.3N" R.1E. S 89"J4'17' E - -.- -.---.- -.-.- -.-.-.-.-.-.-.- -'-.- -.-.- -'-'06- y''-JI (2Q8)344-9700 1800 W. OVERLAND ROAD BOISE, IDAHO 83705 TEMPORARY SANITARY SEWER AND WATER EASEMENTS PROPOSED SUN DANCE SUBDIVISION No.2 LOCATED IN THE SW 1/4 OF SECTION 31, T.4N.. R.1E.. 8.M. MERIDIAN, ADA COUNTY, IDAHO DRAFT SCALE DATE 1" = 200' 12/12/02 .--- - - I:. CAR\'lJl DRIVE f.1 ~ REAL POINT OF BEGIN ING TEMPORARY WATER EASEMENT NO. 2 E. CASSIDY DRIVE: DESIGN ----- -I . I I ~ '" S z REVISION SHEET DWG.NO. 20301 20301-WEASE.DWG June 6,2003 MERIDIAN CITY COUNCIL MEETING June 10,2003 APPLICANT Public Works Department ITEM NO. 3 ,- M REQUEST Sewer and Water Main Easement for Bridgetower Crossing Subdivision No.3: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo I Easement yvU ~ Contacted: Date: Phone: Maferi~lIs presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED JUN - 5 2003 qty Of Meridian CIty Clerk Office To: Mayor Corrie & City Council Fronc Brad Watson, p.E;.:1'hu CC: File, Gary Smith, PE, City Clerk Date: 6/5/2003 Re: Proposed Agenda Items for June 10 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the June 10 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Sundance Subdivision No.2. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Sun dance Subdivision No.2 and authorize the Mayor to sign and City Clerk to attest. ~ 2) Sanitary Sewer and Water Main Easement for Bridoetower Crossino Subdivision No.3. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Bridgetower Crossing Subdivision No.3 and authorize the Mayor to sign and City Clerk to attest. 3) Streetlioht Aoreement for Sutherland Farms Subdivision NO.1. Typical decorative streetlight agreement. Recommended Council Action: Approve the Streetlight Agreement for Sutherland Farms Subdivision No.1 and authorize the Mayor to sign and City Clerk to attest. 4) Streetlioht Aoreement for Meadowlake Vilfaoe (aka Touchmark Subdivision) . Typical decorative streetlight agreement. . Page 1 Recommended Council Action: Approve the Streetlight Agreement for Meadowlake Village (aka Touchmark Subdivision) and authorize the Mayor to sign and City Clerk to attest. 5) Streetlioht Aoreements for Lochsa Falls Subdivisions No.1. 2 & 3. Typical decorative streetlight agreements. Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls Subdivisions No.1, 2 & 3 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 2 SANITARY SEWER LINE AND WATER MAIN EASEMENT g'l"\J.a ~weA C'('os.~ ''^a .t=rs THIS INDENTURE, made this _ day of ,20_, between Primeland Development Company, LLP, the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desire to provide sanitary sewer line and water main rights-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer line and water main are to be provided 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 Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey nnto the Grantee the rights-of-way for an easement for the operation and maintenance of sanitary sewer line and water main over and across the following described property: The easement hereby granted is for the purpose of construction and operation of sanitary sewer lines and water main 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 HA VE AND TO HOLD, the said easement and rights-of-way unto the said Grantee, its successors and assigns forever. SEE ATTACHED EXHIBITS A, B, C, AND D. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees, or brush placed within the area described in this easement. THE GRANTOR hereby covenants and agrees that he will not place or allow to be placed any permanent structures, large trees, or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR does hereby covenant with the Grantee that he is lawfully seized and possessed of 20602 Sanitary Sewer and Water Easement.doc the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. That said easement shall be discontinued and ordinary use shall revert back to the underlying owner, in the event that the described property is properly constructed and completed in accordance with Ada County Highway District Standard Specifications and accepted as a public street through recordation of a final plat. IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed his signature the day and year first hereinabove written. Frank S. Varriale, Managing Partner 1111 S. Orchard, Suite 115 Boise, Idaho 83705 ACKNOWLEGMENT: STATE OF IDAHO ) ) ss. ) County of Ada 1H" On this /0/ day of ~ ' 20t1j , before me, the undersigned, a Notary Public in and for said State, personalJy appeared Frank S. Varriale, Managing Partner , known or identified to me to be the person who executed the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOf~~ha:v~lwJeunto set my hand and affixed my official seal the day and year in this certifi "fit~t~?~~tten. "el'P;' ~~t.1' . ~ ~ ;q.~~/..:<t./ ." .:J~.:) _~~~ eNd ~... D . :.-) -'ft ," tt'! .: ~}~~';/i~q_~'~,'{~;~~^P:''',';\.~:7;' i~~T -if ",;,.:.,....", "9':- ','f; ~~;,~'"\;% ..~, ~O~' ~~] _;~\,s: ~~l'4, g:(~. ~,.:) ,,,~1;}1 --:. C ;: ,'Co ;: :.p:'iIl..1,t i~/:l!j ...:..-- tJR W r'J.....ff! :' ~ . "- ,,~. 1J ~~ --;.;;. "'y ~..., <) .. "".. '" 0 ""'H--c;,. "...,. .. ,~~ If' q; 'U jj -;.J '. ;: ',~" "'0:;: f;f,i ,tJ~. '" ,,,,. . ':;i'~ '''''~ '!-if.!;.~'i> ~ 1>... 'I.Of~' 1>. .,~ qlk ~VGy'ijua;"...;f,>~ , iq~lIillijijUIli11~ N ary Public for the State of Idaho Residing at: "t>oise.- ( :1=C>. ~ My Commission Expires: ~/ ~ CITY OF MERIDIAN 'ACCEPT ANCE: 20602 Sanitary Sewer and Water Easement.doc Robert D. Corrie, Mayor Attest By William G. Berg, City Clerk 20602 Sanitary Sewer and Water Easement,doc Date Approved by City Council ''-., I " ! ...,~, ~' ---~-- ---~~ i j~ I , ~ 28 I ~(" 33 i R: i I I . I I BLOCK 5 1 I : wi I "a,i i:; r-- t- -::;r- ~j I a, l z 35 36 38 34 ~ ~ '" ~ :z z , /' N 0'00'00" E I I I 2341,50' j IV BLOCK 13 W. BELL TOWER DR. 32 31 30 C 1- 1) ~ .-\ ~ W. MMW:;AY DR. 4 3 8 5 7 6 N 0'00'0 "E 264 .90' -~ ~ ---52--- - 9 BLOCK 12 12 16 14 15 10 13 11 "" 51 PROPOSED BRJDGErOWER CROSSING W. BELLAGlO ORrvt: SUBDIVISION NO. 3 LINE TABLE II 12 l3 L4 L5 L6 L7 LB L9 L10 L11 L12 L13 L14 us U6 N 15'00'00' E S 75'00'00' E S 15'00'00' W N 75'00'00' W N 00'00'00' E S 90"00'00' E S 01)"00'00' W N 91)"00'00' W S 73"00'00' E S 1700'00' W N 75'00'00' W N 1700'00' E S 75'00'00' E S 15'00'00' W N 75'00'00' W N 15'00'00' E , i"- . 0 POINT OF COMMENCING ! ~ IIf.ST 1/4 CORNER SECllON J5 J /- . I . N 0'00'00" E 2584.38' I 63 ~---------------------------------r------------ ! : I I I I I , I 3=j ~! 121 81 ,""I I I I 1;-.., i~ i~ / 1 J I J 1 I I . W- I N 0'00'00" E 2485.96' : ' ~O DR. r --- - -- ---- ------ ---------- ------ -[=::~r~ r -;- -~------":,f u, -KilNEER!N'C BRIGGS ENGINEERING. INC. [BRIGGS J I . (208)344-9700 1800 W. OVERLAND ROAD BOISE. IDAHO 83705 41 46 z : I . I I I I I I J & I- .3 Q Z ::J 47 42 43 44 45 BLOCK 5 62 64 20.00' 68.00' 20.00' 68.00' 20.00' 68.00' 20.00' 68.00' 20.00' 50.00' 20.00' 50.00' 20.QO' 50.00' 20.00' 50.00' BLOCK 5 o w 3 0. Z :J o W l- I- S (l. Z :J WATER AND SEWER EASEMENTS WATER AND SEWER EASEMENTS PROPOSED BRIDGETOWER CROSSING SUBDIVISION No.3 LOCATED IN A PORTION OF SECTION 35, TAN., R.1W., B.M. MERIDIAN, ADA COUNTY, IDAHO DRAFT SCALE DATE KDH 1" = 200' 12/16/0Z REVISION SHEET DESIGN DWG.NO. 20602 2060Z-WEASE.DWG EXHIBIT" A" DESCRIPTION FOR WATER AND SEWER EASE:MENTS PROPOSED BRlDGETOWER CROSSING SUBDIVISION NO.3 December 16, 2002 Temporary easements for sanitary sewer and water line construction, operation and maintenance, located in Section 35, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: TEMPORARY EASEMENT NO.1 (WATER AND SEWER) N. COPPERCLOUD WAY Commencing at the West 14 Comer Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00053'19" E 709.51 feet to a point; thence N 00000'00" E 2341.50 feet to the REAL POINT OF BEGINNING oftms easement description; Thence N 15000'00" E 20.00 feet to a Point; Thence S 75000'00" E 68.00 feet to a Point; Thence S 15000'00" W 20.00 feet to a Point; Thence N 75000'00" W 68.00 feet to the REAL POINT OF BEGINNING of this easement description; TEMPORARY EASEMENT NO.2 (WATER) W. lVIESSINA STREET Commencing at the West 14 Comer Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00053'19" E 309.27 feet to a point; thence N 00000'00" E 2640.90 feet to the REAL POINT OF BEGINNING of this easement description; Thence N 00000'00" E 20.00 feet to a Point; Thence S 90000'00" E 68.00 feet to a Point; Thence S 00000'00" W 20.00 feet to a Point; Thence N 75000'00" W 68.00 feet to the REAL POINT OF BEGINNING ofthis easement description; June 6, 2003 MERIDIAN CITY COUNCIL MEETING June 10,2003 APPLICANT Public Works Department ITEM NO. REQUEST Streetlight Agreement for Sutherland Farms Subdivision NO.1: B-7L AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SmLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Memo I Agreement ~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED JUN - 5 2003 City Of Meridian City Clerk Office To: Mayor Corrie & City Council From, Brad Watson, P.E".;j';:3t.u cc: File, Gary Smith, PE, City Clerk Date: 6/5/2003 Re: Proposed Agenda Items for June 10 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the June 10 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Sundance SubdiviSIon NO.2. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Sundance Subdivision No.2 and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for BridQetower Crossino Subdivision NO.3. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Bridgetower Crossing Subdivision No.3 and authorize the Mayor to sign and City Clerk to attest. *- 3) Streetlioht AQreement for Sutherland Farms Subdivision NO.1. Typical decorative streetlight agreement. Recommended Council Action: Approve the Streetlight Agreement for Sutherland Farms Subdivision No.1 and authorize the Mayor to sign and City Clerk to attest. 4) Streetliqht AQreement for Meadowlake Villaoe (aka Touchmark Subdivision) . Typical decorative streetlight agreement . Page 1 Recommended Council Action: Approve the Streetlight Agreement for Meadowlake Village (aka Touchmark Subdivision) and authorize the Mayorto sign and City Clerk to attest. 5) Streetlioht Aqreements for Lochsa Falls Subdivisions NO.1, 2 & 3. Typical decorative streetlight agreements. Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls Subdivisions No.1, 2 & 3 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 2 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF :MERIDIAN and Great Sky Inc., pertaining to the street lights in SutherLand Farm, a residential development in Meridian, Idaho. -- For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Great Sky Inc. has provided llstreet light poles, concrete pole bases, fixtures, bulbs, and components to the residential development lmown as Sutherland Farm Sub in Meridian, Idaho. The parties aclmowledge that the 11 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Great Sky Inc., or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance. at its own expense; and it is further agreed that Great Sky Inc, or its heirs. successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the, 11 street lights located in Sutherland Farm Sub. in the usual and customary manner. 4. It is agreed that the City of Meridian. because Idaho Power Company will not maintain the b~bs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device ofthe "fail off' type. 5. It is understood and agreed that Great Sky Inc. 'Will assign its rights and obligations hereunder to Sutherland Fann H.O.A when said Homeowners Association is fonned and operational. STREET LIGHT AGREEivfF.NT Page 1 This AGREE11ENT shall be binding on Great Sky Inc. its heirs, successors and assigns, and the CITY OF.MERIDIAN. Dated this 01. 7'4 day of HAY , 2008 CITY OF 1\1ERIDIAN, a municipality and Political subdivision of the State of Idaho By Robert D. Corrie, Mayor ATTEST: William G. Berg, Jr., City Clerk Great Sky Inc. BY~~ President ATTEST: ~~,9~ Secretary STRRRTTJGHT AGREEMENT PaQ:e 2 STATEOFCALIFORNIA ) ) COUNTY OF SAN MATEO ) On 1-t-4A( 01.7, ~3 , before me, $1+1~t..~ t(;, 4A4'-tA-.1/ , Notary Public, personally appeared TREVOR C. ROBERTS, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entities upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. +#P~ Notary Pub c 6J SHIRlEYW. HOFFMAN - Commission j! 1328734 ~' Notary Public - California ~ [ San Ma~o co~nty - My Comm. ExpIres Nov 7, 2005 ---- --- -- -- --- -- ----....~ STATE OF CALIFORNIA ) ) COUNTY OF SAN MATEO ) On f1 +r ;.. 7- ..,<l1tJ 3 , before me, S IHtU67' w-: l-I-tJ~1'-/A-,.;../ Notary Public, personally appeared LOUIS G. HARDING, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entities upon behalf of which the person ac:ted, executed the instrument. WITNESS my hand and official seal. N~#~ i~-----~---~-~ ~ SHIRlEYW. HOFFMAN Commission tJ 1328734 - z ~' NO.tary Public - CalifornIa ~ j San Mateo County I % MyComm. Expires Nov?, 2005 ~"'P"~ _ __ __ __ __ ___ __ ___ __ ~ ( June 6,2003 MERIDIAN CITY COUNCIL MEETING June 10,2003 APPLICANT Public Works Department ITEM NO. REQUEST Streetlight Agreement for Lochsa Falls Subdivision No.1: 3-P 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: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Memo I Agreement ~vV Date: Phone: Materials presented at pUbllc meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED JUN - 5 2003 C~ty Of Meridian CIty Clerk Office To: Mayor Conie & City Council From, Brad Watson, P.E;;1'~ CC: File, Gary Smith, PE, City Clerk Date: 6/5/2003 Re: Proposed Agenda Items for June 10 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the June 10 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Sundance Subdivision NO.2. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Sundance Subdivision No.2 and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for Bridaetower Crossina Subdivision No.3. Typical sewer and water main easement Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Bridgetower Crossing Subdivision No.3 and authorize the Mayor to sign and City Clerk to attest. 3) Streetliaht Aareement for Sutherland Farms Subdivision NO.1. Typical decorative streetlight agreement. Recommended Council Action: Approve the Streetlight Agreement for Sutherland Farms Subdivision NO.1 and authorize the Mayor to sign and City Clerk to attest. 4) StreetHaht Aareement for Meadowlake Villaae (aka Touchmark Subdivision) . Typical decorative streetlight agreement. . Page 1 K- Recommended Council Action: Approve the Streetlight Agreement for Meadowlake Village (aka Touchmark Subdivision) and authorize the Mayorto sign and City Clerk to attest. Streetlioht Aoreements for Lochsa Falls Subdivisions NO.&~. Typical decorative streetlight agreements. 5) Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls Subdivisions No.1, 2 & 3 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 2 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF lvIERIDIAN and Lochsa Falls, LLC, pertaining to the street lights in Lochsa Falls Subdivision No. 11 a -- residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the - parties agree as follows: 1. Lochsa Falls, LLC has provided 23 street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Lochsa Falls Subdivision No.1 in Meridian, Idaho. The parties acknowledge that the 23 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Lochsa Falls, LLC, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Lochsa Falls, LLC, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 23 street lights located in Lochsa Falls Subdivision No.1 in the usual and customary manner. > 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Lochsa Falls, LLC will assign its rights and obligations hereunder to when said Homeowners Association is formed and operationaL STREET LIGHT AGREElvIENT Page 1 This AGREEMENT shall be binding on successors and assigns, and the CITY OF MERIDIAN. its heirs, Dated this day of ,20 CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho. By Robert D. Corrie, Mayor ATTEST: William G. Berg, Jr., City Clerk LOCHS A FALLS, L.L.C. By ?"~~ Marty G ldsmith, Member ATTEST: Secretary STREET LIGHT AGREEMENT STATE OF IDAHO, ) : ss. County of Ada. ) On this _ day of , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY CO:tv1MISSION EXPRIES: STATE OF IDAHO, ) : ss. County of Ada. ) On this +~ay of JGl\'lL ,20-2.2, before me, the undersigned, a Notary Public in and for said State, personally appeared MARTY GOLDS:MITH, known to be me to be a Member of LOCHSA FALLS, L.L.C., and the Member or one of the Members who subscribed said liability company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said limited liability company, and that such limited liability company executed the same in said company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL ,.",.........., .....""" ~y>BCC.4 ;"," ..... ~ . ...1_ .... $ -- Ii ....~ \ = O~ \ C) ~ : '" ~'. 1::;) : :.; lI'd '. "1"",,, '0: _... J. "r." :.....~ V'A ,~.z: - ... v I.:!::.. .. \ ~ (Ie t-.. $ " OA ....fIt C> $ ".. ~., ....... ~ .:- "'I, :D A H 0 "'" ......... ," ,..... ,........11" ~.p)QW'OlJ ~ NOTARY PUBLIC F 'rD~& J RESIDING AT I . MY COMMISSION EXPR -s: ' 1 ~lil1 STREET LIGill AGREEMENT June 6, 2003 MERIDIAN CITY COUNCIL MEETING June 10, 2003 APPLICANT Public Works Department ITEM NO. 3 -0 REQUEST Streetlight Agreement for Meadowlake Village (aka Touchmark Subdivision): AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: Contacted: See Attached Memo / Agreement ~vvu Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED JUN - 5 2003 C~ty Of Meridian CIty Clerk Office To: Mayor Corrie & City Council From: Brad Watson, P.E~~ cc: File, Gary Smith, PE, City Clerk Date: 6/5/2003 Re: Proposed Agenda Items for June 10 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the June 10 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Sundance Subdivision No.2. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Sundance Subdivision No.2 and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for Bridoetower Crossino Subdivision NO.3. Typical sewer and water main easement Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Bridgetower Crossing Subdivision No.3 and authorize the Mayor to sign and City Clerk to attest. 3) Streetliaht Aareement for Sutherland Farms Subdivision No.1. Typical decorative streetlight agreement. Recommended Council Action: Approve the Streetlight Agreement for Sutherland Farms Subdivision No.1 and authorize the Mayor to sign and City Clerk to attest. ~ 4) Streetlioht Aoreement for Meadowlake Villaae (aka Touchmark Subdivision) . Typical decorative streetlight agreement. . Page 1 Recommended Council Action: Approve the Streetlight Agreement for Meadowlake Village (aka Touchmark Subdivision) and authorize the Mayor to sign and City Clerk to attest. 5) Streetlioht Aqreements for Lochsa Falls Subdivisions NO.1, 2 & 3. Typical decorative streetlight agreements. Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls Subdivisions No.1, 2 & 3 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 2 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF ~RIDIAN and Touchmark of the Treasure Valley, pertaining to the street lights in Meadowlake Village, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Touchmark of the Treasure Valley has provided 85 street light poles, fixtures, bulbs, and components to the residential development known as Meadowlake Village in Meridian, Idaho. The parties acknowledge that the 85 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Touchmark of the Treasure Valley, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Touchmark of the Treasure Valley ,or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 85 street lights located in Meadowlake Village in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off" type. STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on Touchmark of the Treasure Valley. its heirs, successors and assigns, and the CITY OF :MERIDIAN. Dated this ATTEST: William G. Berg, Jr., City Clerk ATTEST: STREET LIGHT AGREE:MENT day of ,20 CITY OF :MERIDIAN, a municipality and Political subdivision of the State ofIdaho By Robert D. Corrie, Mayor Touchmark of Treasure Valley j8~~ Page 2 STATE OF IDAHO, ) ss. County of Ada, ) On this _ day of , 20 ~ before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF J\1ERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fIrst above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COJ\1MISSION EXPIRES STATE OF ,) ,) ss. County of On this 3...- day of .:J&/'/ E , 20~ before me, the undersigned, a Notary Public in and for said State, personally appeared ..JL2...SEP/I ~. S'tuE/l/cltJN and 7#EPks/9 ~ /f'E/...sLu/~ known to me to be the President and Secretary of Touchrnark of Treasure Valley, who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL \\\,'" """" ~,\\ J. HA'4-': ""~~ ~ ~f!'I. ........ :Q.....1-: ~~ "':--'~~ S ";': ~OT~.A"~~:' :*! ~.c~ '! *= .. .. 3 .... ~ ~ ~r;r,n C ! : '.~ w~. ,vnLl ilO 2 '''~~'OFIV'~.f if/HI nH\\ =tJ:~ OTARY PUBLIC FOR ID 0 RESIDJNGAT ~~~JJV. MY COJ\1MISSION EXP S ~-,;;{ J-C):7 STREET LIGHT AGREEJ\1ENT Page 3 June 6, 2003 MERIDIAN CITY COUNCIL MEETING June 10,2003 APPLICANT Public Works Department ITEM NO. REQUEST Streetlight Agreement for Lochsa Falls Subdivision No.2: 3-Q 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 I Agreement ~~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED JUN - 5 2003 City Of Meridian City Clerk Office To: Mayor Conie & City Council Fmm: Brad Watson, P.E#~ CC: File, Gary Smith, PE, City Clerk Date: 6/5/2003 Re: Proposed Agenda Items for June 10 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the June 10 City Council agenda. on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Sundance Subdivision NO.2. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Sundance Subdivision No.2 and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for Bridoetower Crossin!:! Subdivision NO.3. Typical sewer and water main easement Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Bridgetower Crossing Subdivision No.3 and authorize the Mayor to sign and City Clerk to attest. 3) Streetliaht Agreement for Sutherland Farms Subdivision NO.1. Typical decorative streetlight agreement. Recommended Council Action: Approve the Streetlight Agreement for Sutherland Farms Subdivision No.1 and authorize the Mayor to sign and City Clerk to attest. 4) Streetlight A!:!reement for Meadowlake Villaoe (aka Touchmark Subdivision) . Typical decorative streetlight agreement. . Page 1 Recommended Council Action: Approve the Streetlight Agreement for Meadowlake Village (aka Touchmark Subdivision) and authorize the Mayor to sign and City Clerk to attest. ')(.. 5) , Streetli ht A reements for Lochsa Falls Subdivisions No. 1 2 & 3. Typical decorative streetlight agreements. Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls Subdivisions No.1, 2 & 3 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 2 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF :MERIDIAN and Lochsa Falls, LLC, pertaining to the street lights in .!-ochsa Falls Subdivision No.2, a , residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Lochsa Falls, LLC has provided 6 street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Lochsa Falls Subdivision No.2 in Meridian, Idaho. The parties acknowledge that the 6 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Lochsa Falls, LLC, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Lochsa Falls, LLC, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 6 street lights located in Lochsa Falls Subdivision No.2 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Lochsa Falls, LLC will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on successors and assigns, and the CITY OF MERIDIAN. its heirs, Dated this day of ,20 CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho. By Robert D. Come, Mayor ATTEST: William G. Berg, Jr., City Clerk LOCHSA FALLS, L.L.c. By -m~~ Marty Goldsmith, Member ATTEST: Secretary STREET LIGHT AGREEMENT STATE OF IDAHO, ) : ss. County of Ada. ) On this _ day of ,20_, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D, CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF NlERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian execute the same. :IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPRIES: STATE OF IDAHO, ) : ss. County of Ada. ) On this ~day of \ )It~ 0 , 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared MARTY GOLDSMITH, known to be me to be a Member of LOCHSA FALLS, L.L.c., and the Member or one ofthe Members who subscribed said liability company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said limited liability company, and that such limited liability company executed the same in said company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. . SEAL ...11. """ ,., ," ....,.. CC!\ J. M. 'I,#. ...... ~..... ill.' A ,#. ~ :<0 .. ~o '\ !~I ~Ol'~h ~\ :: '"r' J. "': : * : -._ r- : : \,1) 0: ~ ~}..lrBLIC .. E ~ - ""'" .., .)> 0 ~i' ""! OF ID~~~,"'" I" III "'"''1''' ~11~ ~J LtJ ttfdMDJC( NOTARY PUBLIC FO~ RESIDING AT MY COMMISSION EXP ':. \ / 21 (V;b 1 STREET LIGHT AGREENlENT June 6, 2003 MERIDIAN CITY COUNCIL MEETING June 10, 2003 APPLICANT Public Works Department ITEM NO. REQU EST Streetlight Agreement for Lochsa Falls Subdivision No.3: 3-R- 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 I Agreement ~r Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVE.D JUN - 5 2003 City Of M "di C" en an rty Clerk Office To: Mayor Corrie & City Council From. Brad Watson, P.Efj';:[3tJ CC: File, Gary Smith, PE, City Clerk Date: 6/5/2003 Re: Proposed Agenda Items for June 10 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the June 10 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Sundance Subdivision No.2. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Sun dance Subdivision No.2 and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for Bridaetower Crossino Subdivision NO.3. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Bridgetower Crossing Subdivision No.3 and authorize the Mayor to sign and City Clerk to attest. 3) Streetlioht Aareement for Sutherland Farms Subdivision NO.1. Typical decorative streetlight agreement. Recommended Council Action: Approve the Streetlight Agreement for Sutherland Farms Subdivision No.1 and authorize the Mayor to sign and City Clerk to attest. 4) Streetliaht Aareement for Meadowlake Villaoe (aka Touchmark Subdivision) . Typical decorative streetlight agreement. . Page 1 Recommended Council Action: Approve the Streetlight Agreement for Meadowlake Village (aka Touchmark Subdivision) and authorize the Mayorto sign and City Clerk to attest. "X:. 5) Streetli ht A reements for Lochsa Falls Subdivisions NO.1 2 3. Typical decorative streetlight agreements. Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls Subdivisions No.1, 2 & 3 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 2 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF :MERIDIAN and Lochsa Falls, LLC, pertaining to the street lights in Lochsa Falls Subdivision No.3, a .-r- ~ residential development in Meridian, Idaho. - For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Lochsa Falls, LLC has provided 12 street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Lochsa Falls Subdivision No.3 in Meridian, Idaho. The parties acknowledge that the 12 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Lochsa Falls, LLC, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Lochsa Falls, LLC, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 12 street lights located in Lochsa Falls Subdivision No.3 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Lochsa Falls, LLC will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREE1v1ENT Page 1 This AGREE11ENT shall be binding on successors and assigns, and the CITY OF 11ERIDIAN. its heirs, Dated this day of ,20 CITY OF 1\1ERIDIAN, a municipality and Political subdivision of the State of Idaho. By Robert D. Corrie, Mayor ATTEST: William G. Berg, JI., City Clerk LOCHSA FALLS, L.L.c. By ~~~ Marty oldsrruth, Member ATTEST: Secretary STREET LIGHT AGREEMENT STATE OF IDAHO, ) : ss. County of Ada. ) On this _ day of , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COlV1MISSION EXPRlES: STATE OF IDAHO, ) : ss. County of Ada. ) On this {'\-V\daYOf \.)\1 \~ O~ , 20~, before me, the undersigned, a Notary Public in and for said State, perso~ail'y appeared MARTY GOLDSMITH, known to be me to be a Member of LOCHS A FALLS, L.L.C., and the Member or one of the Members who subscribed said liability company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said limited liability company, and that such limited liability company executed the same in said company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~ STREET LIGHT AGREEMENT i i< June 6, 2003 Department Reports MERIDIAN CITY COUNCIL MEETING APPLICANT Meridian Police Department June 10,2003 ITEM NO. I../- - A -I REQUEST Discussion of Grant Award with Cpt. Bill Musser: 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: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: S JU rJv' /7 {;1f S J;tJ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF HA V ASU CREEK, LLC FOR APPROVAL OF FINAL PLAT FOR COBRE BASIN SUBDIVISION NO. 2, LOCATED APPROXIMATELY 'l4 MILE SOUTH OF EAST McMILLAN ROAD AND APPROXIMATELY y,. MILE EAST OF NORTH MERIDIAN ROAD, MERIDIAN, IDAHO CIC 06/10/03 ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-03-031 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on June 10, 2003, and the Council finding that the Administrative Review is complete which has included certain comments as stated in a letter to the Mayor and Council from Sonya Allen Planner I for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and that Anna Powell Plmming Director for the Planning and Zoning Department, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action; IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT OF COBRE BASIN SUBDIVISION NO. 2, A PORTION OF THE NORTH Y2 OF SECTION 31, TAN., R.lE., B.M., MERIDIAN, ADA ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COBRE BASIN SUBDIVISION NO.2 / (FP-03-031) PAGE 1 OF4 COUNTY, IDAHO, 2003, SHEET 1 OF 3, 30308-PLT.DWG MEM 05/07/03, STAMPED DA TE ON SHEET 1 OF 3 STAMPED: MAY 09 2003 and STAMPED DATE ON SHEET 2 OF 3 STAMPED: MAY 132003, HA V ASU CREEK, LLC - DEVELOPER, BRIGGS ENGINEERING, INC. - CONSULTING ENGINEERS", Havasu Creek, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Sonya Allen Planner I for the Planning and Zoning Department, dated Hearing Date: June 10, 2003 - Transmittal Date: June 5, 2003, listing 20 Site Specific Conditions of Approval, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of three pages, and by this reference incorporated herein, and the response letter from Justin Martin for Havasu Creek, LLC dated April 17, 2003, a true and correct copy of which is attached hereto marked Exhibit "B", and consisting of two pages, and by this reference incorporated herein, and the additional requirements from the action ofthe Council taken at their June 10,2003 meeting as follows, to-wit: 1.1 From the staff comments in their letter dated: Hearing Date: June 10,2003 - Transmittal Date: June 5,2003, under Site Specific Conditions of Approval number 20. (l0.), this item shall be deleted in its entirety. 1.2 Comply with the conditions of the Meridian Fire Department as follows: 1. The project which comprised of one and two family dwellings will require a fire flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COBRE BASIN SUBDIVISION NO.2! (FP-03-031) PAGE 2 OF 4 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. The proposed fire hydrant locations will be submitted to the Public Works for plan reVIew. 4. All roads and fire lanes shall have a turning radius of28' inside and 48' outside. 5. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the UFC. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 and 901.3 1.3 Comply with the conditions of the Central District Health Department as follows: The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog Of Storm water Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COBRE BASIN SUBDIVISION NO.2 / (FP-03-031) PAGE 3 OF 4 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regular meeting held on the , O-t~ day of flLYlL ,2003. Attest: BY:~~~/~ ROB fTi~E "",'\I~\lMII~Ma.y;or, City of Meridian "" _lOr cFlI/'> 11/ " ::'Ii.""\ VI: // ~.::- 0' ~ '11-- ~// ~ ~,Gopr~I~~ ~ ::: ~ ('0 ~ F ~ - - - - - By:J~d~, ~ CIty Clerk Dated: b -- )- tf-tJ J - - '- '- Z:\Work\M\Meridian\Meridian 15360M'Cobre Basin Subdivision No.2 FP 0303 I \OrderFP. doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COBRE BASIN SUBDIVISION NO.2! (FP-03~031) PAGE40F4 MAYOR Robert D. Corrie HUB OF 'I'REASURE VAUEY A Good Place to Live LEGAL DEPARTMENT (20g) 466-9272 . Fax 466-4405 cITYcbUNCIL MEMBERS William L.M. Nary Keith Bird Tammy deWeerd Cherie McCandless CITY OF MERIDIAN _ 33 EAST IDAHO MERIDIA1'l"~ IDAHO 83642 (208) 888-4433, FAX (208) 887-48i3 City Clerk Office Fax (208) 888-4218 PI,JBDe WORKS BUILDING DEPARThfENT (208) 887-2211- Fax 887-1297 PLANNING AND ZONJNG DEPARThIENT _ (208) 884-5533 . F.A....,{ 888-6854 STAFF REPORT: From: /! I/. Sonya Allen, Planner I L,.} cd Bruce Freckleton, Engineering Tech III ~ Hearing Date: June 10, 2003 Transmittal Date: June 5,2003 RECEIVED JUN - 5 2003 City Of Meridian City Clerk Office To: Mayor & City Council Re: Cobre Basin Subdivision No.2 (preliminary Platted as Havasu Creek Subdivision) · Request for Final Plat Approval ofCobre Basin Subdivision No.2. Consisting of Fifty Five (55) Building Lots and Six (6) Other Lots on 19.71 Acres in an R-4 (PD) Zone by Havasu Creek, LLC (File No. FP 03-031). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION Cobre Basin Subdivision No.2 is the second phase of the south western portion of the preliminary plat which was submitted under Havasu Creek Subdivision, located approximately Y4 mile south ofE. McMillan Road. and approximately 1/4 mile east ofN. Meridian Road. Cobre Basin Subdivision No.2 includes fIfty-five (55) single family building lots and six (6) "other" (landscaping/public utilities/pressurized irrigation) lots. The gross density of Phase 2 is approximately 2.7 dwelling units/acre. The subdivision was approved as a Planned Development allowing for reduced minimum house sizes (1,201+) and reduced building setbacks in the R-4 zone. The lots within the subdivision meet all of the minimum lot requirements of the Planned Development and the previously approved preliminary plat. SITE SPECIFIC CONDITIONS OF APPROVAL I. Applicant shall meet all terms of the approved Preliminary Plat. and Conditional Use Permit. 2. The pressurized irrigation system within this development is to be owned and maintained by the Settlers Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a singIe- point connection to the culinary water system shall be required. If a single-point connection is Fp..()3..()31 E~h ,t b,111{-i rf lof3BasW.FPNO.2 Mayor and Council June 10, 2003 (Hearing Date) Page 2 3. 4. 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. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including fencing, micro-paths, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancyo 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. Fencing shall be constructed in conformance with Meridian City Code 12-4-10. 5. The Landscape Plan dated 5-13-03, prepared by Harvest Design is approved as submitted. 6. Add a note to the plat restricting fencing adjacent to micro-path lots to be no more than 4 feet in height ifbuilt of sight obscuring materials, in accordance with MCC 12-13-15-9. 7. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 8. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 9. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100- year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. 10. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. . 11. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 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. One-Hundred watt (lOOw), high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design FP-03-031 M 1(6 ~f IIA II d CJf]BaSin.FPNQo2 Mayor and Council June 10, 2003 (Hearing Date) Page 3 - locationS and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit "from the Public Works Department prior commencing installations. 14. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing wo~ld sit atop fill materiaL 15. 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. 16. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Department. 17. Provide sidewalks in accordance withMCC 12-13-10-8. 18. Graphically depict an 8-foot wide easement along the east side of Lot 23, Block 5, the north side of Lot 2, Block 12, and a 10-foot wide easement along the east side of Lot 1, Block 14, for pressurized irrigation mains. 19. The sum of the lot dimensions from the southwest comer of Lot 4, Block 12 to the angle point of the back line of Lot 4, Block 13 don't match the overall dimension noted. Please make the necessary corrections. 20. Please add or revise the following plat notes: (9.) v\ J.~ 'x \~;: ! ~& \Q;'tI r,yCJ YQ\.'(~ " '0.w . ~ \9 (') .l/ t~o~ P' \ ~'v. t ,-IT ~(J'<<"U 'O\:f "- ) ,Q.Jc.-iY RECOMMENDATION t/.f. " Separate Lot 5, Block 14 out into another note with the City of Meridian having a blanket easement for operation and maintenance of a sanitary sewer main. The lot shall be owned and m~ntained by the Cobre Basin HOA. Correct the note to read "Cobre. " \. ~elOI(rri~t If&e~ebt.le~Ol\~d'-as~ Staff recommends approval of the final plat, with the above stated comments and conditions. FP-03.031 c 'b~+I'fr( 3oP3 c. 01 , { Cobre Basin.FP No.2 " U~II . I II' ~ U U oJ L' I U r IVI NO.UISo 1". L HA V ASU CREEKl LLC - 4487 N. Dresden PI. Ste. 102 Boise, Idaho 837] 4 Aprill7,2003 0..\c-> u, ~ l 0 - 0:) J~. 'no, LP Mayor and City Council City of Meridillll 33 East Idaho AVeTme Meridla11, 10 83642 Rc: Cobre Basin SuhdivisioD No.2 Final Plat (File No. FP 03-031) Dear Mayor and Council: The following is in response to stafrs comments datcd June 05, 2003. 81m SPECIFIC REQUIREMENTS 1. Applicant will comply with tcnns of approvals. 2. Applicant agrees with pressurized irrigation requirements. 3. Applicant will comply. 4. Applicant agrees with fencing requirements. S. Approval of the landscape plan dated 5-13-03 is noted. 6. Applicant's Engineer will revise plat as requested. 7. Applicant agrees with sewer and water construction requirements. 8. Applicant will pay all applicable fees pJior to signature on the final plat 9. Applicant will comply. 10. Agreed 11. Agreed 12. Agrced 13. Applicant will comply. 14. Agreed #2connncn 1~1'e.'l'ulIse.uuc M-,'fo {~f I' 6 II/Of! ~ TI 11\1 1 t;\ , Cl':1 1 A . "":l.. ~ 11 U II ' I V' ~ V V V , ". 1 u,r M I~J).Ul,)O r.,) HAVASU CREEK, LLC 4487 N. Dresden PI, Stc. 102 Boise, Idaho 83714 Mayor and City Council June 10, 2003 Page 2 1 5. Agrccd 16. Applicant will comply. 17. Agreed 18. The final plat will be revised in accordance with staff comments, J 9. The final pIal will be revised in accordance with staff comments. 20. (Plat note #9) The final plat will be revised in accordance with staff comments. (Plat note #10) Cobre basin was not reqired to 'havc a development Agreement. Applicant will instruct Briggs Engineering to remove plat note #10 completely. I agree with all ofthe staffcornmenls except site specific #20 on page 3 (plat note #10), which should be deleted from the plat. Sincerely, ~l;n ~~:~~eek, LLC cc: Sonya Allen, Planner 1 EY-}L~'b 11- /1 6 If c?Z of.;:L #2COllUllenlsresponsc,doc TI loLl <'Ct") 'In'"? A. ...c....-,.. BEFORE THE MERIDIAN CITY COUNCIL (, "^, IN THE MATTER OF THE APPLICATION OF BRIGTHON DEVELOPMENT COMPANY, LLC FOR APPRO V AL OF FINAL PLAT FOR QUENZER COMMONS SUBDIVISION NO.2, LOCATED APPROXIMA TEL Y 'l4 MILE NORTH OF E. USTICK ROAD, WEST OF N. LOCUST GROVE ROAD, MERIDIAN, IDAHO C/C 06/10103 ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-03-032 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code 9 12-3-7 on June 10,2003, and the Council finding that the Administrative Review is complete which has included certain comments as stated in a letter to the Mayor and Council from Sonya Allen Planner I for the Planning and Zoning Department, and Bruce Freckleton, Engineering TecImician III, and that Anna Powell Planning Director for the Planning and Zoning Department, and Jason Davies, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING QUENZER COMMONS SUBDIVISION NO.2, LOCATED IN THE NW 'l4 OF THE SE 'l4 OF SECTION 31, TAN., R.1E., B.M., MERlDIAN, ADA COUNTY, IDAHO 2003, ENGINEERING NORTHWEST, LLC BOISE, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR QUENZER COMMONS SUBDIVISION NO.2 / (FP-03-032) PAGE 1 OF 5 IDAHO, J :\HERITAGE_ COMMONS _2_ 0206400\Drawings\00 _HERIT AGE2_PLA Tl.dwg 5/8/2003,02-064-00, SHEET 1 OF 3", Brighton Development Company, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Sonya Allen Planner I for the Planning and Zoning Department, dated Hearing Date: June 10,2003 - Transmittal Date: June 5,2003, listing 18 Conditions of Approval, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of three pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their June 10, 2003 meeting as follows, to-wit 1.1 From the staff comments in their letter dated: Hearing Date: June 10,2003 - Transmittal Date: June 5,2003, under Conditions of Approval number 6. first and second bullets, and number 10 shall read as follows: 6. Add or revise the following plat notes: · Add a note to the face of the plat showing minimum residential house size for this development as 1,101 s. f. · Add a note to the plat referencing the approved Conditional Use Permit (CUP-02-007); as per the recorded Development Agreement, InstIllment No. 10. One-Hundred watt (100w), high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. If ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR QUENZER COMMONS SUBDIVISION NO.2 / (FP-03-032) PAGE20F5 decorative street lighting is proposed, the applicant shall enter into a Streetlight Agreement with the City of Meridian. 1.2 Comply with the conditions of the Meridian Fire Department as follows: 1. Provide a fire flow per the Uniform Fire Code Appendix III-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. All roads shall have a turning radius of28' inside and 48' outside. 3. All fire lanes within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2.1 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 and 901.3 1.3 Comply with the conditions of the Central District Health Department as follows: The Central District Health DepaItment requires after written approval from the appropriate entities are submitted, they CaIl approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for storm water disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR QUENZER COMMONS SUBDIVISION NO.2 I (FP-03-032) PAGE 3 OF 5 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regular meeting held on the loth- day of ~ lt0V\t ,2003. By: ~_<_~,.)~ ROBE T D. C RRIE Attest: - - ... ~'-. :r "i<:""--r."'"", ~;- ~OO">"...,.' ;; '..;; ~.~/ "L..... ...' ~'>>_.-~ ..., \" '- \') ",.... "'/.;, , ".\~~\ /1;1 ..'i\.\\ lll/nl "p,'" ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR QUENZER COMMONS SUBDNISION NO.2 / (FP-03-032) PAGE 4 OF 5 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. BY~-4-: /.5 &r ,~ Ity Clerk' I Dated: ~-z~-# J' Z:\Work\M\Meridian\Meridian I 5360M'Quenzer Commons Sub No.2 FP 03 032\OrderFP.doc ORDER OF CONDITIONAL APPRO V AL OF FINAL PLAT FOR QUENZER COMMONS SUBDIVISION NO.2! (FP-03-032) PAGE50F5 MAYOR Robert D. Corrie . HUB OF TREASURE V ALLEY A Good Place to Live LEGAL DEPARTMENT (208) 466.9272 . Fax 466:4405 CrTY COUNCIL MEMBERS Tammy deWeerd Keith Bird Cherie McCandless WilHam L.M. Nary CITY OF MERIDIAN 33 EA.ST IDAHO lVIERIDIAN, IDAHO 83642 (208) 888-4433 . FAX (208) 8874813 City Clerk Office Fax (208) 888-4218 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500' Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533' FAX 888-6854 MEMORANDUM: Hearing Date: June 10, 2003 Transmittal Date: June 5, 2003 To: Mayor, City Council and Planning & Zoning Commission )1~ Sonya Allen, Planner I U .cd Bruce Freckleton, Senior Engineering Tech. ~ Prom: Re: Quenzer Commons Subdivision No.2 · Request for Final Plat Approval of Thirty Seven (37) Single-Family Residential Lots and Two (2) "Other" Lots on 9.48 Acres in an R-8 Zone (P- D) for Quenzer Conunons No.2, by Brighton Development Company (File No. FP-03-032). 'Ve have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Brighton Development Company, LLC, has requested final plat approval of the second phase of Quenzer Commons Subdivision. This phase of the subdivision consists of 37 single-family residential lots and 2 other lots on 9.48 acres and is located approximately ~ile north of E. Ustick Road, west of N. Locust Grove Road. In Phase I of this development, the applicant requested ornamental street lights. The City and applicant entered into a Street Light Agreement that was recorded on October 16, 2002 (Inst. # 102119243). The recorded document specifically references Phase I of the development. The applicant has not requested ornamental street lights on this phase of the development. However, it would seem logical to extend the Street Light Agreement to this phase so that there are consistent street lights throughout the development. The approved preliminary plat for the proposed subdivision originally included one additional residential lot that has been eliminated in this phase. Staff finds that the proposed final plat substantially complies with the approved Preliminary Plat and the terms of the Conditional Use Permit. Staff offers the following as conditions of approval: FP -O3-03~ E~~lb:-I if A II I 0+3 q~'l12:er cammol1S 2_FP Mayor & City Council Hearing Date: June 10, 2003 Page 2 CONDITIONS OF APPROVAL 1. Applicant shall meet all terms of the approved Preliminary Plat (pP-02-007), Planned Development (CUP-02-007), and Development Agreement (Ins!. No.1 02078396). 2. The pressurized irrigation system within this development is to be owned and maintained by the Home Owner's Association. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. Sanitary sewer and water service to these lots shall be via main line extensions from existing mains adjacent to the subdivision. 4. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. Any drainage areas (detension/retension basins) must be designed to ensure that water is retained only during 1 DO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. 6. I\i.. \~Add or revise the following plat notes: .> QJ <.j,C' fJ}' ~'Q. Add a note to the face of the plat showing minimum residential house siz~ for this C-;;Qj~0/.ifJfl development as 1,$01 s.f. \j~ \9 ~fI · 5. Add a note to the plat referencing the approved Conditional Use Permit (CUP-02- n tf-_ 007). C~ 11).-2-< ~ '\e0rx-O-.-e..J-- 1)e-'(.eJI~l'Y\,.<.0",*, ~ m-ew.0) ~\"f\-e.d i]VV. --- f \\. . (j · Add a note to the plat listing the setbacks approved under the Planned Development. · Delete plat note #10, as it is not necessary. 7. The Landscape Plan dated 5-14-03, prepared by Jensen Belts Associates, is approved as submitted. FP -03-on !Jx-,A ,'b;+ //1" d of:3 qUCIl2:.cr commons 2. FP Mayor & City Council Hearing Date: June 10, 2003 .Page 3 8. 9. ., . ,J,; (1 \ i)J' \ \\ 1,- \,~T'~ ~ '$ r/Jf1 O. ;J(~\;1 . p" '~:J '1./ 'v 1)J \'C1~ . ) I i ~l \.(l, '(J 11. 12. 13. 14. 15. 16. 17. 18. Any proposed fencing adjacent.to Lot 10, Block 18 shall be a maximum four feet (4') in height if solid material is used. .. Any existing domestic wells and/or septic systems within this project shall 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. One-Hundred watt (100w), high-pressure sodium streetlights will be required at locations designated by the Public Works Deparhnent. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and 8ermit from the .' .. . Public Works :qepartment prior copunencing insta)latiC?ns. If dee. 0 r~v., ',vt. S~reR;r 1~4+ J' IL ~_ j 5 ?i'tyf8j,ej 'Th'<2.. O-r f 11~ea/1J -Sh-o-i;/ 0t~ i I\-+D cu5+(~,e-rh<fJ P?fe~1'1l..fl~ 6J~t'h Co.m~action {est r~s~1ts mu.st be submitted to the Me~dian Build~ng Departmen1 .for auT~\.:c ~171 c bmldmg pads recelvmg engmeered backfill, where footmg would SIt atop fiU matenal. /l't.eh JluJ!if 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. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Department. Provide sidewalks in accordance with City Ordinance Section 12-13-10-8. Graphically depict a IS-foot wide public utilities, drainage and irrigation easement across the south and east sides of Lot 3, and IS-feet into Lot 2, Block 20, and along the north side of Lot 11, Block 18. This extra width is being required because of the 30-inch diameter gravity irrigation pipe that is designed through the area. Add 120.00' dimension to the west side of Lot 15, Block 15. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. Please submit written response tot hese comments tot he City Clerk's 0 ffice by 1 2:00 p.m., Monday, June 9th. RECOMMENDATION Staff recommends approval of the [mal plat, with the above stated comments and conditions. FP -D3-032 t1Jh;-Io:'~ ,I Ail 3 of 3 quenzer c-ommon'ii 2.FP PILOT PROJECT AGREEMENT This Pilot Project Agreement ("Agreement") is entered into this ft;IJ-dayof ~ tI/Yl..e- , 2003, by and between STELLAR TECHNOLOGIES LLC ("Stellar"), whose address is 1550 South Tech Lane, Meridian, Idaho 83642, and CITY OF MERIDIAN ("Meridian"), whose address is 33 E. Idaho Ave., Meridian, Idaho 83642. RECITALS WHEREAS, Stellar desires to temporarily install and test anaerobic wastewater treatment apparatus as more particularly described on Exhibit A attached hereto and incorporated herein (the "Pilot"). WHEREAS, Meridian desires to allow Stellar to temporarily install and test the Pilot with certain limitations and conditions at Meridian's wastewater treatment plant located at 3410 N. Ten Mile Road, Meridian, Idaho 83642 (the "Plant"). WHEREAS, Stellar is a Meridian business, and facilitating the Pilot Proj ect may lead to an increase in the commercial tax and employment base within the City of Meridian. AGREEMENT NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, including without limitation, provision of test results and data from Stellar to Meridian, the parties agree as follows: L Stellar may install the Pilot at the Plant at its sole cost and option and at no expense to Meridian. 2. Meridian shall provide adequate space and access at the Plant for installation ofthe Pilot and for gathering ongoing data, conducting maintenance and making necessary modifications to the Pilot during the term of this Agreement and any extensions. Meridian shall not be responsible or otherwise liable for any maintenance or modification. 3. Meridian shall provide a continuous 11 O-volt power source for operation of the Pilot and access to wastewater for treatment and testing purposes. Stellar shall reimburse Meridian for the cost of the electicity supplied to the Pilot. 4. Stellar shall operate the Pilot in such a manner as to not interfere with Meridian's operation ofits wastewater treatment plant. If operation of the Pilot interferes with Meridian's Plant, the Waste Water Superintendent, or his designee, in their sole discretion may direct Stellar to suspend its operations or eliminate the interference and Stellar will immediately comply with such directive. PILOT PROJECT AGREEMENT - 1 Z:\Work\M\MeridianlMeridian 1 5360MlSewer\Pilot Project Agr - Meridian Wastewater Stellar Tech May 2003 redline draftdoc MISCELLANEOUS PROVISIONS 1. No Sale/No Warranties. fu addition to the disclaimer stated in Section 5 below, this pilot project is only entered into on the express understanding that the Pilot is not being sold or leased to Meridian. Consequently, THERE IS NO EXPRESS WARRANTY MADE BY STELLAR REGARDING THE PILOT. THERE IS ALSO NO IMPLIED WARRANTY THAT THE PILOT SHALL BE :MERCHANTABLE AND NO IMPLIED WARRANTY THAT THE SYSTEM SHALL BE FIT FOR ANY PARTICULAR PURPOSE. 2. Title to Property. Stellar shall remain the sole owner of the Pilot and all fixtures appurtenant thereto. Title to the Pilot shall remain with Stellar. The Pilot and all fixtures appurtenant thereto shall not be considered fixtures of Meridian, and shall not be used as security for any of Meridian's obligations or otherwise encumbered in any way. 3. Access. As a condition to acceptance of this Pilot Proposal, Meridian shall allow Stellar to retain access to the Pilot at all reasonable times for purposes of maintenance, monitoring, repair, removal, replacement or other observation. 4. Insurance and Indemnity. At all times during which the Pilot is installed on Meridian's premises, Stellar shall defend, indemnify and hold Meridian hannless from damages, and provide a certificate of insurance evidencing liability and casualty insurance coverage for any damage caused to or by the Pilot with limits of at least one million dollars for liability coverage. 5. Disclaimer. THIS IS A TEST PROJECT ONLY WITH NO REPRESENTATION WHATSOEVER AS TO ACTUAL RESULTS. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A CONTRACT TO PROVIDE ANY WASTEWATER TREATMENT EQUIPMENT OR SERVICES AND SHALL NOT BE CONSTRUED AS A REPRESENTATION THAT INSTALLATION OF THE PILOT WILL PROVIDE ANY BENEFIT TO WASTEWATER TREATMENT OR OTHERWISE ASSIST MERIDIAN IN ITS WASTEWATER TREATMENT OPERATIONS. 6. Force Majeure. Neither party will be liable for any loss or damage sustained by the other party because of any delay in performance or noncompliance with any provision of this Proposal tha~ results from an act, event, omission, or cause beyond its reasonable control and without its fault or negligence, including but not limited to, strikes, lockouts, civil commotion, riots, wars, fires, explosions, floods, earthquakes, embargoes, inability to obtain suitable raw material, equipment, fuel, power, components, or transportation, or acts of civil or military authority. 7. Term and Termination. This Agreement shall remain in effect for six (6) months from the date hereof unless earlier terminated as provided below. The parties may extend the Agreement for additional six (6) month periods upon mutual agreement PILOT PROJECT AGREEMENT - 2 Z:\Work\M\MeridianlMeridian 15360MISewerIPilot Project Agr - Meridian Wastewater Stellar Ted] May 2003 redline draft doc in writing. Notwithstanding the tenn of this Agreement, either party may terminate the relationship for any reason whatsoever upon thirty (30) days written notice to the other party. Upon termination, Stellar shall be allowed a reasonable time to remove the Pilot, but in any case, such equipment shall be removed within thirty (30) days after termination unless Meridian grants an extension for good cause. 8. Restraint on Sales. Stellar agrees for itself, its successors and assigns, that it will not sell, market, construct, or license its teclmology or processes to any residential development located in whole, or in part, within the Meridian Area of City Impact (as designated in the 2002 Comprehensive Land Use Plan) prior to June 1, 2023. IN WIT~S WHEREOF, the parties have hereunto executed this Agreement effective as of ~ III , 2003. STELLAR TECHNOLOGIES LLC CITY OF MERIDIAN By: ~-:. Name: Robert D. Corrie Title: Mayor By: ~. Dougla . Swenson Authorized Board Member PILOT PROJECT AGREEMENT - 3 Z:\Work\MlMeridian\Meridian 15360M\Sewer\Pilot Project Agr. Meridian Wastewater Stellar Tech May 2003 redline draft.doc EXHIBIT A-I Description of Pilm The pilot will consist of two polyethylene tanks, connected in series, manufactured by Rotonics Manufacturing Inc. of Caldwell, ill. Each tank will have a nominal capacity of t\vo thousand, eight hundred gallons and will be seven, feet,. nine inches in diameter and eight feet, nine inches in height. They will be emplaced as shown in Exhibit A-2 (attached). Two pumps, each of one-half horsepower, will supply wastewater to the pilot. Normal or average flow, of approximately 8 gallons per minute, will be supplied by the first pump on a 24 hour per day basis. Surge flow of 16 gallons per minute will be supplied with both pumps operating four hours in the morning and four hours in the late afternoon and early evening. Wastewater will be pumped from the receiving chamber at the top of the screw pumps following screening. The treated wastewater will be returned to the chamber at the base of the screw pumps. ... r-.. T""" ,1111\j!I!ll!flj~~fr~!fll\'il: :; {~~:~::' :,::~ ,~~ ~~ ~~.~.:~:~ l.{) C'? ~~~~~~~~: .~~~~~~~ - o lL ~ c .. < .2 co ~ 10 II C (.) E ~O'r'" ...J -~ ..2 ~ <ir:cJ5 ---l UJ ~~ (9-< ... '- Q) ~ I- 0 m 0 ::JC ---lUJ Ll..a.. I:bo... Cl... E ::J Cl... 3: Q) I-. t) en ~ 0 - 0.. en I Cl... E N ~ K: - T""" E ::2: @ I- ::J ~ Z 0 a.. N Z I-. - UJ Ll.. ...... D (j) :J. -- () iii ---l W ...x: (j) Ll.. Z c ffia. z ro ---l I- 8:~ ::Jo.. r-- .- C\l l.{) ...... '+- '+- o "0 Q) ..::.::: t) o r.J)ee r.J)-- UJO U-< ~ft c_ -C _ O'+- -:> 0 I-. I-. t) Q) 3: Cl...ro en-C ro(f) uJ o S . >< tu~ UJo... Ll..o... ......-< C'? _ 'll. ~UJJ: UJ(9 0- n:llliI ~LL~ <1"r--Ll.. UJC\lCO June 6. 2003 MERIDIAN CITY COUNCil MEETING June 10.2003 APPLICANT Public Works Department ITEM NO. REQUEST Sewer and Water Main Easement for Krispy Kreme Subdivision: 3-J" 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 wrr~ Date: Phone: Materials presented at public meetings shall become properly of the City of Meridian. @:it\/: at t\4eriCiieim l?l.JoliG ~ 'VVarl<s IJerPt. .~" ~ " , . ~ ~ ~, Memo RECEIVED JUN - 3 2003 City Of Meridian City Clerk Office To: Sharon Smith From: Gary D. Smith, PE CC: file Date: June 3, 2003 Re: Sanitary Sewer and Domestic Water Easements Sharon: I would appreciate it if you could place the attached easement agreements on the next available City Council Consent Agenda: *- 1. Krispy Kreme: Southwest corner of Eagle Road and Fairview Avenue. Sewer and water main easement. 2. Sanitary Services Company: North side of Franklin Road, west of Linder Road. Water Main easement. Thank you and if there are any questions please call. Each of these easements have been signed by the property owners (grantors). G!f:o- From the desk of... Gary D. Smith, PE Public Works Director Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 (208) 89&-5500 Fax: (208) 887-1297 . Page 1 ~ , ' , ' ?, ?, " ",Gity'of Meri~ian, ~~' ,~' BLJtilic VVOtks~,D,ept., :, ~ ' m RECEIVED JUN - 3 2003 qty Of Meridian CIty Clerk Office To: from: Public Works Director: Gary Smith Steve O'Brien Qn File, Daunt W. ~ 4/2512003 cc: Date: Re: Easement for Krispy Kreme Gary, Attached you will find water sewer line easements for the above-mentioned project. I have reviewed the easements and found them adequate for presenting to City Council for signatures. If you have any questions please do not hesitate to let me know. From the desk of... Steve O'Brien Engineering Tech. 1 Meridian Public Wo!ks Department 660 E. Wa1ertower., Suite 200 Meridian, Idaho 83642-2600 . Page 1 (208898--5500 Fax: (208) 887.1297 SEWER EASEMENT THIS INDENTURE, made this _ day of _, 20_between Gemtone, Inc. , the party of the first part, and hereinafter called the Grantors, and Meridian Joint School District No.2, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide an irrigation right-of-way across the premises and property hereinafter particularly bounded and described; and \VHEREAS, the sanitary sewer is to be provided for through an undergronnd pipeline to be constructed by others; and \VHEREAS, 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 operation and maintenance of a sewer line 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 sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience ofthe Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after 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 C:\projects\2002\08\20823 - Krispy Kremes\Correspondence\Out-going\EASMT.SWR.doc Page 1 EASMT.SWR 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 ofland, 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: ~~J~ President STATE OF IDAHO ) ) ss County of Ada ) \ On this 2-L-\-rA day Of~\ \ ,201:5 before l!1e, the undersigned, a Notary Public in and for said State, personally appeared . \. 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 ~~~. n. ,,""',fi~tl MOO". ",,"~'\'f; ....A .:" ~'> ... v "'. ;01; ~.. "' i !!: l ~o't ARl' ok . .. ~ = . _e- :: c., '; it ~ I'> ay\: 0 . ... U JJ' .Iii:. ~~ toIo_. ~'fT ~# <Pr .... \'9" -""".-1. 7' B 0' ~..,. #.".........~ C:\projects\2002\08\20823 ~ Krispy Kremes\Correspondence\Out-going\EASMT.sWR.doc EASMT.sWR .. ~~~J 4r ~ ffiD D\L TARY PUBf FOR IDAHO Residing atto\8.::: Commission Expires:I'~,GO Page 2 Commission Expires: GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: C:\projects\2002\08\20823 - Krispy Kremes\Correspondence\Out-going\EASMT.SWR.doc Page 3 EASMT.SWR EXHIBIT "A" DESCRIPTION OF CITY OF MERIDIAN SANITARY SEWER EASEMENT PROPOSED KRISPY KREMES SUBDIVISION April 24, 2003 An easement for sanitary sewer facilities in Lots 1, 2, 9 and 10, Block 1, Treasure Valley Business Center Phase 1, located in the NE X of Section 8, Township 3 North, Range 1 East of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of Section 8, T. 3 N., R. 1 E., B.M., thence N 89048'53" W 508.35 feet along the north line of said Section 8 to a point; Thence S 00000'00" W 140.54 feet to the BEGINNING POINT of this easement centerline description, said easement being 20 feet in width and centered on the following described line; Thence S 00024'45" W 254.19 feet to a point; Thence S 23045'42" E 29.30 feet to a point; Thence S 00024'45" W 202.87 feet to a point on the south boundary of Lot 10, Block 1, Treasure Valley Business Center Ph.1, the END POINT of this easement centerline. Michael E. Marks, P.L.S. 30404ssease I . I I S 00'00'00" W ~ 140.54' : I 2 9 JEWELL STREET BRIGGS ENGINEERING. INC. CITY (~) (208)34'-9700 1800 W. OVERlANO ROAD BOISE, IDAHO 83705 EXHIBIT "8" N 89'48'53" W 508.35' FAIRVIEW AVENUE BEGINNING POINT 1 S 00'24'45" W 254.19' TREASURE VALLEY BUSINESS CENTER PH.1 I S 23"45'42" E I 29.30' V- I [~ r--. ...r co~ . ...r NN Ob C'lo I 10 10 c.n Ig. BLOCK 1 N 10 u.J > -< u.J > :::J o OF MERIDIAN SANITARY SEWER EASEMENT PROPOSED KRISPY KREMES A PORTION OF TREASURE VALLEY BUSINESS CENTER LOCA TED IN THE NE 1/4 OF SECTION 8, T.3N., R.1E., 8.M., MERIDIAN, ADA COUNTY, IDAHO DRAFT SCALE DATE DWG.NO. MEM NTS 4/24/03 30404 REVISION SHEET DESIGN EXHIBIT ~ 819 LO J""') Cl O"l <C v to 0 N 0::: W --.J 3: C) <C uJ w ...r Co :z a . ~ a (f) 8t9 1 OF 1 WATER MAIN EASEMENT THIS INDENTURE, made this _ day of ,20_between Gemtone. Inc. ,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 nnderground 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 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 nnto the said Grantee, it's successors and assigns forever. IT IS EXPRESSL Y 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 C:\projects\2002\08\20823 - Krispy Kremes\Correspondence\Out-going\EASMT. WTR.doc Page 1 EASMT.WTR 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 ofland, 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: ~-), 0~ President STATE OF IDAHO ) ) ss County of Ada ) On this ''2.l4h. day of ~ \ \ ,20tB before me, the undersigned, a Notary Public in and for said State, personally appeared~~ T ~T and , known or identified to me to be the President of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. ~~~F& Residing at W Commission Expires: l ,26 ,tR) C:\projects\2002\08\20823 - Krispy Kremes\Correspondence\Out-going\EASMT. WTR.doc Page 2 EASMT.WTR GRANTEE: CITY OF MERIDIAN Ro bert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: C:\projects\2002\08\20823 - Krispy Kremes\Correspondence\Out~going\EASMT. WTR.doc Page 3 EASMT.WTR EXHIBIT "A" DESCRIPTION OF CITY OF MERIDIAN WATER LINE EASEMENTS PROPOSED KRISPY KREMES SUBDIVISION April 24, 2003 Two easements for water line facilities in Lots 1, 2, 9 and 10, Block 1, Treasure Valley Business Center Phase 1, located in the NE 'V4 of Section 8, Township 3 North, Range 1 East of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: EASEMENT "An Commencing at the northeast corner of Section 8, T. 3 N., R. 1 E., S.M., thence N 89048'53" W 495.90 feet along the north line of said Section 8 to a point; Thence S 00000'00" W 78.01 feet to a point on the southerly right of way of Fairview Avenue, the BEGINNING POINT of this easement centerline description: Easement 10' right and 10' left: Thence S 00024'45" W 45.00 feet to a point; Easement 37' right and 10' left: Thence S 00024'45" W 5.00 feet to a point; Easement 10' right and 10' left Thence S 00024'45" W 60.51 feet to a point; Easement 30' right and 10' left: Thence S 00024'45" W 5.00 feet to a point; Easement 10' right and 10' left Thence S 00024'45" W 12.97 feet to a point; Easement 10' right and 20' left: Thence S 00024'45" W 5.00 feet to a point; Easement 10' right and 10' left: Thence S 00024'45" W 62.04 feet to a point; 30404watease Easement 3D' right and 10' left: Thence S 00024'45" W 5.00 feet to a point; Easement 10' right and 10' left: Thence S 00024'45" W 47.51 feet to a point; Easement 30' right and 10' left: Thence S 00024'45" W 5.00 feet to a point; Easement 10' right and 10' left: Thence S 00024'45" W 40.82 feet to a point; Easement 30' right and 10' left: Thence S 00024'45" W 5.00 feet to a point; Easement 10' right and 10' left: Thence S 00024'45" W 15.34 feet to a point Thence S 23045'42" E 14.60 feet to a point; Easement 31' right and 10' left: Thence S 23045'42" E 10.00 feet to a point; Easement 10' right and 10' left: Thence S 23045'42" E 4.85 feet to a point; Thence S 00024'45" W 20.78 feet to a point; Easement 29' right and 10' left: Thence S 00024'45" W 5.00 feet to a point; Easement 10' right and 10' left: Thence S 00024'45" W 12.75 feet to a point; Easement 10' right and 19' Jeft: Thence S 00024'45" W 5.00 feet to a point; Easement 10' right and 10' left: Thence S 00024'45" W 37.04 feet to a point; 30404watease Easement 29' right and 10' left: Thence S 00"24'45" W 5.00 feet to a point; Easement 10' right and 10' left: Thence S 00"24'45" W 54.65 feet to a point; Easement 10' right and 19' left: Thence S 00"24'45" W 5.00 feet to a point; Easement 10' right and 10' left: Thence S 00"24'45" W 64.12 feet to a point on the south boundary of Lot 1 a, Block 1,. Treasure Valley Business Center Ph.1, the END POINT of this easement centerline. EASEMENT "Bu Commencing at the northeast corner of Section 8, T. 3 N., R. 1 E., B.M., thence N 89048'53" W 495.90 feet along the north line of said Section 8 to a point; Thence S 00000'00" W 78.01 feet to a point on the southerly right of way of Fairview Avenue, said point being the Beginning Point of Easement "A"; Thence S 00024'45" W 60.57 feet along the centerline of Easement "A" to the BEGINNING POINT of this easement centerline description; Easement 2.5' right and 2.5' left: Thence S 89"35'15" E 197.81 feet to a point; Thence S 00024'45" W 27.00 feet to the END POINT of this easement centerline Michael E. Marks, P.L.S. 30404watease EXHIBIT "s" 'J N 89'48'53" W 495.90' I !_~8~~;90'OO" W FAIRVIEW AVENUE I I BEGINNING POINT "A" 2 27' ~ in ~EGINNING POINT "s" I 197.81' in~ ~o;" S 89'35'15" E I I 27.00 S 00'24'45" W END POINT "B" 1 S 00'24'45" W 314.19' 10 TREASURE VALLEY BUSINESS CENTER PH.1 EXISTING LOT LINES BLOCK 1 9 ~ S 23"45'42" E 29.45' , . JJ:J t S 00'24'45" W LO 9l I 209.34' '1010 ~, 2f' I in N JEWELL STREET L.l.J > :::J o BRIGGS ENCINEERING. INC. (~) (208)3404-9700 1800 W. OVERLAND ROAD BOISE, IDAHO 83705 CITY OF MERIDIAN WATER LINE EASEMENTS PROPOSED KRISPY KREMES A PORTION OF TREASURE VALLEY BUSINESS CENTER LOCATED IN THE NE 1/4 OF SECTION 8, T.3N., R.1 E., 8.M., MERIDIAN, ADA COUNTY. IDAHO DESIGN DRAFT SCALE DATE DWG.NO. MEM NTS 11/05/02 20823 REVISION SHEET EXHIBIT ~ 819 I.() ......., Cl o-i <( "<l'" <.0 0 N 0::: L.l.J ....J 3= 0 <( "in L.l.J "d- Co Z P ~ 0 U) 8~~L 1 OF 1 June 6. 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department June 10,2003 ITEM NO. 3 - !<-> REQUEST Water Main Easement for Sanitary Services -- north of West Franklin Road and west of North Under Road: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo I Easement ~~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Warks Dept. 'cc c', Memo RECEIVED JUN - 3 2003 City Of Meridian City Clerk Office To: Sharon Smith From: Gary D. Smith, PE cc: file Date: June 3; 2003 Re: Sanitary Sewer and Domestic Water Easements Sharon: I would appreciate it if you could place the attached easement agreements on the next available Cify Council Consent Agenda: 1. Krispy Kreme: Southwest comer of Eagle Road and Fairview Avenue. Sewer and water main easement. #:. 2. Sanitary Services Company: North side of Franklin Road, west of Under Road. Water Main easement. Thank you and if there are any questions please call. Each of these easements have been signed by the property owners (grantors). G~ From the desk of... Gary D. SmHh, PE Public Works Director Meridian Public Works Deparlment 660 E. Walerlower Lane. Suite 2C(l Meridian, Idaho 83642 (208) 898-5500 Fax: [208) 887-1297 . Page 1 City ,of' MC:lIi~ia~' :",I,: ,,', ." : ,public ~o~s:J;Jept~ " , ~ ,-' ,~:' ,~,,' -.' ", ~ ~ }<"" ',_? <' , Memo From: Public Works Director: Gary Smith Steve O'Brien~ File r 5/15/2003 RECEIVED JUN - 3 2003 To: City Of Meridian City Clerk Office cc: Date: Re: Easement for Sanitary Services Gary, Attached you will find one water line easement for the above-mentioned project. I have reviewed the easement and found them adequate for presenting to City Council for signatures. If you have any questions please do not hesitate to let me know. .-.~" I From the desk of.. , Steve O'Brien Engineering Tech. I Meridian Public Works Department 660 E. WatertoweT" Suire 200 Meridian, Idaho 83642-2600 . Page 1 (208898-5500 Fax: (208) 887-1297 WATER MAIN EASEMENT TillS INDENTURE, made this _ day of _, 2003 between Trisect, LLC, 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 pipel ine 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 oftl:e easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shal I 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 ofthe right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of 110 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. ,~=i" S~ Member ~cr-~ Memb 0- STATE OF IDAHO ) ) ss County of Ada ) On this ~ day of May, '2003, before. me, the un,dersigned, a Not~ry P~blic in and for said State, personally appeared Skv-e. St,d..{c<.UJ:-. and, tJJ'l U esr:~ ' known or identified to me to be as members of the limited liability corporation at xecuted the within instrument, and acknowledged to me that such limited liability corporation executed the same. "1\\\\IUlilllil/lIl/lll ;"", 11111. NOTARY PwBA~P0R4lt2~o $ ~ ~.,,'I."t'f... 0 %. ~ ~ -,' 0" .4 L'\ '....:;p ~ g :- ~ '7; ~ '% -.~ ~.- ~ : -.- : ~ ;'~,o : ~ "% <P ...... UB\.. \Ui. 0 l ~ ~ ## . ." ~ ~ ~ A~ '.'null' tt..,...~ ~~",~ \:<)r~~ 1'1111/ t:: 0 F \ \\\.~"'\ 11/11/1"111111111\\1\\\""\ Residi at Commission Expires: Member STATE OF IDAHO ) ) ss County of Ada ) GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: EXfI{BIT "A" WATER LINE:"EASEMENT SANITARY SERVI~COMPANY A PORTION OF THE SEl/4 OF Stcr{oN 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BorSE~ERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAIW'~ 2003 ~ ......... "-0" , "'::,, , ........ '-'>-.. 6' ........ ~1,Q;"""" "~'<.& , ........'~' ~~~~~> "" I ",~ " I ~, " "-" "'- '" "'- " " 100 0 SO 100 200 '"";;;"'" '. I '''-..,,_ I '" I ~ " -'~, F-c..: 39"~ - - -- - -- - -- -_ - __u __ _ __ _ _ u ~~~ "~ _~_EN~~AL e~u~:;~I~ ~.~ I i"\ LOT LINE ll\ Zj 1 - - - - - ROAO CENTER LINE , .... , - - - - PROPOSED EASEMENT LINE I j \ \ =.,,=..~.......= EL~~~T:::I::T LINE I , ~ BRASS CAP I :1 \ $ ALUMlNUl.l CAP 'I' 1 ' 0 ALUMINUM CAP '\ 1 ~ 20.81' II I '{J01 11190'OO'00"E 27.83' : I : ifr=1", I / 1 ...II~::! ~ "-..', I ' 'I -I ',I'; "" EXISTING 20' IRRIGATION ~('/ I ..t :;:: -..., EASEl.lENT rOR EXISTING 24. , ~ <D 1 I 1 -RCP FOR BENEFIT OF NAkAPA \ j ~I i L ~ l.l~~~:IRRIGAT10N DISTRICE A II : ~I~~ ""-.., I}.I II 1 . I [ ',,~ "" II11 J. g , ~ N90.00'00"E 56.46' ~" J : Z I''; --'LL_' ro.OO' I:!! 20.00' II r- 1 , NOO'44'00"EI~00'44'OO"W 12.00' 1 J NOO'44'00"W 12.00', 48.00' I; 1 1..........-~~0.44'OO"W 48.00' I II .~ II ---<- -- "~ f-f" u ~ ; 7. ...-.......- - --------- - 12 ; ; _~-------------u-u-- 1719.8 --- --t::' , '1<0.._________ __om mum -::::::::::::::19-i3~32~:--:~~ ?_:~~:~~ =====================:::::>- 4 113 I" --()---'l FRANKLIN ROAD BASIS OF BEARING N89'16'OO"E 2657.82 WATER LINE EXHIBIT "A" 1" = 200' DETAIL FILENAME: C026189_EASEMENT.DWG CREATION DATE: MAR 26 2003 PINN It CLE DRAWN BY: DJT CHECKED BY: CRM Engineers, Inc. 12552 We Execuliv. Or., Suile 8. 80;... Idoho 83713 (208) 887-7760 -, 11 12 E 1/4 to "! LO 'Ot '" <'I .!'" in If"> "co LO b o 1I1 L ~ .:\A_CIVIL\C026189\dwg\C026189_EASEMENT.dwq, 05/13/0302:27:00 PM. LaserJ( EXHIBIT "A" A water services easement located in a portion of the SEl/4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and described as follows: Commencing at an aluminum cap monument marking the NE comer of said SE1/4, thence along the East line of said SEl/4 SOoo58'55"E a distance of2645.96 feet to a brass cap monument marking the SE corner of said SEl/4, thence leaving said East line and along the South line of said SEl/4 S89016'00"W a distance of 1752.54 to a point, thence leaving said South line NOoo44'00"W a distance of 48.00 feet to a point, thence NOooOO'OO'E a distance of363.37 feet to a point, thence N90000'00''E a distance of 10.00 feet to the POINT OF BEGINNING; Thence 10.00 feet on each side of the following described line; NOOOOO'OO"E a distance of 17.83 feet to the terminus of said line. Said easement contains 357 square feet more or less and is subject to all existing easements and rights-of-ways of record or implied. C026 ] 89_ north_I ine Jegal_description _ 051203kns EXHIBIT "A" A water services easement located in a portion of the SEl/4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and described as follows: Commencing at an aluminum cap monument marking the NE comer of said SEl/4, thence along the East line of said SE1I4 SOoo58'55"E a distance of2645.96 feet to a brass cap monument marking the SE comer of said SEl/4, thence leaving said East line and along the South line of said SE1/4 S8901 6'OO"W a distance of 1752.54 to a point, thence leaving said South line NOo044'OO"W a distance of 48.00 feet to a point, thence NOooOO'OO'E a distance of 158.24 feet to a point, thence N90000'00''E a distance of 10.00 feet to the POINT OF BEGINNING; Thence 17.50 feet on each side of the following described line; NOOOOO'OO"E a distance of 46.46 feet to the terminus of said line. Said easement contains 1626 square feet more or less and is subject to all existing easements and rights-of-ways of record or implied. C026 189_ ce ntraU ine _I egal_ des cri ption _ 051203kns EXHIBIT "A" A water services easement located in a portion ofthe SE1I4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and described as follows: Commencing at an aluminum cap monument marking the NE comer of said SE1I4, thence along the East line of said SEl/4 SOoo58'55"E a distance of2645.96 feet to a brass cap monument marking the SE corner of said SE1/4, thence leaving said East line and along the South line of said SE1I4 S89016'00"W a distance of 1752.54 to a point, thence leaving said South line NOoo44'00"W a distance of 48.00 feet to the POINT OF BEGINNING; Thence 1 0.00 feet on each side of the following described line; NOOOOO'OO"E a distance of 384.17 feet to the terminus of said line. C026189 _ mai n_J i ne J egal_ description_ 05] 203 kns EXHIBIT "A" A water services easement located in a portion of the SEl/4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and described as follows: Commencing at an aluminum cap monument marking the NE comer of said SE1I4, thence along the East line of said SEl/4 SOQo58'55"E a distance of2645.96 feet to a brass cap monument marking the SE comer of said SE1I4, thence leaving said East line and along the South line of said SE1I4 S89016'00"W a distance of 1719.87 feet to a point, thence leaving said South line NOo044'00"W a distance of 48.00 feet to the POINT OF BEGINNING; Thence 10.00 feet on each side of the following described line; N00044'00"W a distance of 12.00 to the terminus of said line. Said easement contains 240 square feet more or less and is subject to all existing easements and rights-of-ways of record or implied. C026 ] 89_ east_ hydranUegal_ description _051203 kns EXHIBIT "A" A water services easement located in a portion of the SE1I4 of Section I I, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and described as follows: Commencing at an aluminum cap monument marking the NE comer of said SEl/4, thence along the East line of said SE1I4 SOoo58'55"E a distance of 2645.96 feet to a brass cap monument marking the SE comer of said SE1/4, thence leaving said East line and along the South line of said SEl/4 S89D 16'00"W a distance of 1973.32 feet to a point, thence leaving said South line NOOD44'00"W a distance of 48.00 feet to the POINT OF BEGINNING; Thence 10.00 feet on each side of the following described line; NOoo44'00"W a distance of 12.00 feet to the terminus of said line. Said easement contains 240 square feet more or less and is subject to all existing easements and rights-of-ways of record or implied. C026189 _ west_ hydranUegal_ descri pli on _ 051203kns June 6, 2003 MERIDIAN CITY COUNCIL MEETING June 10, 2003 APPLICANT Public Works Department ITEM NO. REQUEST Sewer and Water Main Easement for Sundance Subdivision No.2: 3-L 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: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Memo I Easement ~r Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ? ' ? "" ? Gig ofMeridiari ' Public WQrks' Dept~ ' , . ? .!,. Memo RECEIVED JUN - 5 2003 Ctty Of Meridian CIty Clerk Office To: Mayor Corrie & City Council From. Brad Watson, P_E#~ CC: File, Gary Smith, PE, City Clerk Date: 6/5/2003 Re: Proposed Agenda Items for June 10 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the June 10 City Council agenda, on the Consent Agenda, for Council's consideration: ~ 1) ---" Sanitary Sewer and Water Main Easement for Sundance Subdivision NO.2. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Sundance Subdivision No.2 and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for Bridqetower Crossino Subdivision NO.3. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Bridgetower Crossing Subdivision No.3 and authorize the Mayor to sign and City Clerk to attest. 3) Streetliqht Aqreement for Sutherland Farms Subdivision NO.1. Typical decorative streetlight agreement. Recommended Council Action: Approve the Streetlight Agreement for Sutherland Farms Subdivision No.1 and authorize the Mayor to sign and City Clerk to attest. 4) Streetliqht Aqreement for Meadowlake VilIaoe (aka Touchmark Subdivision) . Typical decorative streetlight agreement. . Page 1 Recommended Council Action: Approve the Streetlight Agreement for Meadowlake Village (aka Touchmark Subdivision) and authorize the Mayor to sign and City Clerk to attest. 5) Streetlioht Aqreements for Lochsa Falls Subdivisions No.1, 2 & 3. Typical decorative streetlight agreements. Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls Subdivisions No.1, 2 & 3 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 2 < Ma~ 28 03 02:01p 2089380941 ( p.2 SANITARY SEWER AND WATER MAIN EASEMENT ,..-' THIS INDENTURE, made this _ day of . 20_between SUNDANCE LIMITED COW ANY, LLC, the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho. the party of the second part, and hereinafter called the Grantee; WI1NESSETH: WHEREAS, the Grantor desires 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 Grantor. and other good and valuable consideration, the Grantor do hereby give, grant and convey un.to 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 easement. 2030lSW Easement Page I EASMT.SW.doc Ma::l 28 03 02:01p 2089380941 (, p.3 THE GRANTOR does hereby covenant and agree that they will not place or allow to be pl~ced 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 GRANTOR does 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 GRANTOR does 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 whom~oever. IN WI1NESS 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 Countyof J3..e.(.IAl6lJtLl A ) On this ,;( I c;..- day nf /!il ~I ,2003, before me, the undersigned, a Notary Public in and for said State, perso ally appeared Gary L. Voigt, known or identified to me to be the managing member of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto' set my hand and affixed my official seal the day ...~".,.~nd year fist above written. ....-.. ~...., ,. ,~_::\~ A. l-J).' "'. "~""0~u ................. i "l.. ';, ,.-...... ... ,~ j: t '" t..:.. . . ,-, r f ({ / O~ AR y~..\ ':i 1:~ : /, . . ~ r.. I ?: \'-J:;r ~, \PUB\... i~;:; t ~ .' .~. ,. t ...., ..... ::\. ..;- ~\~~1'f~{:ITY OF MERIDIAN \.'\,'''',..........---- NqT~"X-PU~LIC FOfl:-ID1HQ ~ t/1it/ cttft- /';/- /J.L4ho Resf~r IbA.lLe~ CU /h ComrmSSlon "ExpIres: //-/ t -o~/ at 203DlSW Easement Page 2 EASMT.SW.doc Ma~ 28 03 02:01p 208.9380941 i, Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: 20301 SW Easement Page 3 EASMT.SW.doc p.4 Ma~ 28 03 02:01p 208Q380S41 ( p.5 EXHIBIT" A" DESCRIPTION FOR TEMPORARY SANITARY SEWER AND WATER EASEMENTS PROPOSED SUNDANCE SUBDIVISION NO.2 December 12) 2002 A temporary easement for sanitary sewer and water line construction and maintenance, Located in the SW ~ of Section 31, Tovmship 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: TEMPORARY EASEMENT NO.1 (WATER AND SEWER) Commencing at the southwest comer of Section 31, Township 4 North, Range 1 East, Boise Meridian; thence S 89034'17" E 617.39 feet along The South Section line to a point; thence N 0000'00" E 1064.52 feet to the REAL POINT OF BEGINNING oftrus easement description; Thence S 28008'07" E a distance of 41.41 feet to a Point; Thence S 61030'44" W adistanceof20.00 feetto a Point; Thence N 28008'07" W a distance of 41.41 feet to a Point; Thence N 61030'4411 E a distance of20.00 feet to a Point to the REAL POINT OF BEGINNING; TEMPORARY EASEMENT NO.2 (WATER) Commencing at the southwest comer of Section 31, Township 4 North, Range 1 East, Boise Meridian; thence S 89034' 17" E 713.91 feet along The South Section line to a point; thence N 0000'00" E 808.71 feet to the REAL POINT OF BEGINNING oftills easement description; Thence S 05045'00" E a distance of 20.00 feet to a Point; Thence S 84015'00" W a distance of20.00 feet to a Point; Thence N 05045'0011 W a distance of20.00 feet to a Point; Thence N 84015'00" E a distance of20.00 feet to a Point to the REAL POINT OF BEGINNING; Ma~ 28 03 02:02p 2089380941 p.s TEMPORARY EASEMENT NO. 3 (\VATER AND SEWER) Commencing at the southwest comer of Section 31, Township 4 North, Range 1 East, Boise Meridian; thence S 89034' 17" E 778.17 feet along The South Section line to a point; thence N 0000'00" E 647.93 feet to the REAL POINT OF BEGINNING of this easement description; Thence S 89008'1 au E a distance of 42.00 feet to a Point; Thence S 00051'50" W a distance of20.00 feet to a Point; Thence N 89008'10" Wa distance of 42.00 feet to a Point; Thence N 00051'50" E a distance of20.00 feet to a Point to the REAL POINT OF BEGINNING; M^V ~~ In~ A A.A~ Ma~ 28 03 02:02p LINE TABLE E w W E E w w E E W W E Ll S 28'08 07 L2 S 61'3044 L3 N 28'08 07 l4 N 61'3044 l5 S 05'4500 L6 S 84'15 00 l7 N 05'4500 L8 N 84'1500 L9 S 89'0810 LlD S 00'51 50 Lll N B9'DB 10 L12 N 00'5150 EXHIBIT JIB" ~ 20~g380S41 p.? .N. TEMPORARY SANITARY SEWER = AND WATER EASEMENT 1l REAL POINT OF BEGINNING TEMPORARY SANITARY SEWER AND WATER EASEMENT NO. 1 41.41 20.00 41.41 " 20.00 _,0' 20.00 ~ " 20.00 C;}O 20.00 ~"\ 20.00 ,;:})O 42.00 ~ S 20.00 ~G :~::l <?-0'<2'O~ ~ PROPOSED SUNDANCE SUBDIVISION NO.2 ~ r-1 BRIGGS ENGINEERING. INC. ~ (BRIGGS) 36 ! 31 <? W 1/4 CORNER I I I I 1 I I I 1 I I f I I I I I I I ~! 01 a:::: . ;;;' oj f5i :::Sj Zj 1 I I I r 1 I I I I I j r 1 REAL POINT OF BEGINNING I TEMPORARY SANITARY SEWER I AND WAT~R EASEMENT NO. 3 I ~ L9 I -:.. L 0 . I "', L 1 UNPLATTED . ~kPOINT OF COMMENCING I :!I ~l r SECTION CORNER I P pb i , ~ji ~~ . 36 ~.LL4ti.,_~.J.~._6.'2:.3.9':'" _.J.Z.!}.91' _ 77B.l1f E. USTICK ROAD 31-.A ---'Iil!:'l 01 i 06 T.3N" R.1E. S 89'J4'17' E - -.- -.---.- -.-.- -.-.-.-.-.-.-.- -'-.- -.-.- -'-'06- y''-JI (2Q8)344-9700 1800 W. OVERLAND ROAD BOISE, IDAHO 83705 TEMPORARY SANITARY SEWER AND WATER EASEMENTS PROPOSED SUN DANCE SUBDIVISION No.2 LOCATED IN THE SW 1/4 OF SECTION 31, T.4N.. R,lE.. 8.M. MERIDIAN, ADA COUNTY, IDAHO DRAFT SCALE DATE 1" = 200' 12/12/02 .--- - - I:. CAR\'lJl DRIVE f.1 ~ REAL POINT OF BEGIN ING TEMPORARY WATER EASEMENT NO. 2 E. CASSIDY DRIVE: DESIGN ----- -I . I I ~ '" S z REVISION SHEET DWG.NO. 20301 20301-WEASE.DWG June 6,2003 MERIDIAN CITY COUNCIL MEETING June 10,2003 APPLICANT Public Works Department ITEM NO. 3 ,- M REQUEST Sewer and Water Main Easement for Bridgetower Crossing Subdivision No.3: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo I Easement yvU ~ Contacted: Date: Phone: Maferi~lIs presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED JUN - 5 2003 qty Of Meridian CIty Clerk Office To: Mayor Corrie & City Council Fronc Brad Watson, p.E;.:1'hu CC: File, Gary Smith, PE, City Clerk Date: 6/5/2003 Re: Proposed Agenda Items for June 10 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the June 10 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Sundance Subdivision No.2. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Sun dance Subdivision No.2 and authorize the Mayor to sign and City Clerk to attest. ~ 2) Sanitary Sewer and Water Main Easement for Bridoetower Crossino Subdivision NO.3. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Bridgetower Crossing Subdivision No.3 and authorize the Mayor to sign and City Clerk to attest. 3) Streetlioht Aoreement for Sutherland Farms Subdivision NO.1. Typical decorative streetlight agreement. Recommended Council Action: Approve the Streetlight Agreement for Sutherland Farms Subdivision No.1 and authorize the Mayor to sign and City Clerk to attest. 4) Streetlioht Aoreement for Meadowlake Vilfaoe (aka Touchmark Subdivision) . Typical decorative streetlight agreement. . Page 1 Recommended Council Action: Approve the Streetlight Agreement for Meadowlake Village (aka Touchmark Subdivision) and authorize the Mayor to sign and City Clerk to attest. 5) Streetlioht Aoreements for Lochsa Falls Subdivisions No.1, 2 & 3. Typical decorative streetlight agreements. Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls Subdivisions No.1, 2 & 3 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 2 SANITARY SEWER LINE AND WATER MAIN EASEMENT g'l"\J.a ~weA C'('os.~ ''^a .t=rs THIS INDENTURE, made this _ day of ,20_, between Primeland Development Company, LLP, the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desire to provide sanitary sewer line and water main rights-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer line and water main are to be provided 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 Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey nnto the Grantee the rights-of-way for an easement for the operation and maintenance of sanitary sewer line and water main over and across the following described property: The easement hereby granted is for the purpose of construction and operation of sanitary sewer lines and water main 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 HA VE AND TO HOLD, the said easement and rights-of-way unto the said Grantee, its successors and assigns forever. SEE ATTACHED EXHIBITS A, B, C, AND D. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees, or brush placed within the area described in this easement. THE GRANTOR hereby covenants and agrees that he will not place or allow to be placed any permanent structures, large trees, or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR does hereby covenant with the Grantee that he is lawfully seized and possessed of 20602 Sanitary Sewer and Water Easement.doc the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. That said easement shall be discontinued and ordinary use shall revert back to the underlying owner, in the event that the described property is properly constructed and completed in accordance with Ada County Highway District Standard Specifications and accepted as a public street through recordation of a final plat. IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed his signature the day and year first hereinabove written. Frank S. Varriale, Managing Partner 1111 S. Orchard, Suite 115 Boise, Idaho 83705 ACKNOWLEGMENT: STATE OF IDAHO ) ) ss. ) County of Ada 1H" On this /0/ day of ~ ' 20t1j , before me, the undersigned, a Notary Public in and for said State, personalJy appeared Frank S. Varriale, Managing Partner , known or identified to me to be the person who executed the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOf~~ha:v~lwJeunto set my hand and affixed my official seal the day and year in this certifi "fit~t~?~~tten. "el'P;' ~~t.1' . ~ ~ ;q.~~/..:<t./ ." .:J~.:) _~~~ eNd ~... D . :.-) -'ft ," tt'! .: ~}~~';/i~q_~'~,'{~;~~^P:''',';\.~:7;' i~~T -if ",;,.:.,.".", "9':- ','f; ~~;,~'"\;% ..~, ~O~' ~~] _;~\,s: ~~l'4, g:(~. ~,.:) ,,,~1;}1 --:. C ;: ,'Co ;: :.p:'iIl..1,t i~/:l!j ...:..-- tJR W r'J.....ff! :' ~ . "- ,,~. 1J ~~ --;.;;. "'y ~..., <) .. "".. '" 0 ""'H--c;,. "...,. .. ,~~<t"q;'Uj;.I-;.J '. ;: ',~" "'0:;: f;f,i ,tJ~. '" ,,,,. . ':;i'~ '''''~ '!-if.!;.~'i> ~ 1>... 'I.Of~' 1>. .,~ qlk ~VGy'ijua;"...;f,>~ , iq~lIillijijUIli11~ N ary Public for the State of Idaho Residing at: "t>oise.- ( :1=C>. ~ My Commission Expires: ~/ ~ CITY OF MERIDIAN 'ACCEPT ANCE: 20602 Sanitary Sewer and Water Easement.doc Robert D. Corrie, Mayor Attest By William G. Berg, City Clerk 20602 Sanitary Sewer and Water Easement,doc Date Approved by City Council ''-. I " ! ...,~, ~' ---~-- ---~~ i j~ I , ~ 28 I ~(" 33 i R: i I I . I I BLOCK 5 1 I : wi I "a,i i:; r-- t- -::;,-- ~j I a, l z 35 36 38 34 ~ ~ " ~ :z z , /' N 0'00'00" E I I I 2341.50' j IV BLOCK 13 W. BELL TOWER DR. 32 31 30 C 1- 1) ~ A ~ W. MMW:;AY DR. 4 3 8 5 7 6 N 0"00'0 "E 264 .90' -~ ~ ---52--- - 9 BLOCK 12 12 16 14 15 10 13 11 "" 51 PROPOSED BRJDGErOWER CROSSING W. BELLAGlO DRIVE SUBDIVISION NO. 3 LINE TABLE II 12 l3 L4 LS L6 L7 LB L9 L10 L11 L12 L13 L14 us U6 N 15'00'00' E S 75'00'00' E S 15'00'00' W N 75'00'00' W N 00'00'00' E S 90'00'00' E S OIroo'oo' W N 90"00'00' W S 73"00'00' E S 1700'00' W N 75'00'00' W N 1700'00' E S 75'00'00' E S 15'00'00' W N 75'00'00' W N 15'00'00' E , i"- . '=' POINT OF COMMENCING ! ~ IIf.ST 1/4 CORNER SECllON J5 J /- . I . N 0'00'00" E 2584.38' I 63 ~---------------------------------r------------ ! : I I I I I , I 3=j ~! 121 81 ""I I I I 1;-.., i~ i~ / 1 J I J 1 I I . W- I N 0'00'00" E 2485.96' : . ~O DR. r --- - -- ---- ------ ---------- ------ -[=::~r~ r -;- -~------":,f u, -KilNEER!N'C BRIGGS ENGINEERING. INC. [BRIGGS J I . (208)344-9700 1800 W, OVERLAND ROAD BOISE, IDAHO 83705 41 46 z : I . I I I I I I J & I- .3 Q Z ::J 47 42 43 44 45 BLOCK 5 62 64 20.00' 68.00' 20.00' 68.00' 20.aD' 68.00' 20.00' 68.00' 20.00' 50.00' 20.00' 50.00' 20.QO' 50.00' 20.00' 50,00' BLOCK 5 o w 3 Q Z :J o W l- I- S (l, Z :J WATER AND SEWER EASEMENTS WATER AND SEWER EASEMENTS PROPOSED BRIDGETOWER CROSSING SUBDIVISION No.3 LOCATED IN A PORTION OF SECTION 35. TAN" R.1W., 8,M. MERIDIAN. ADA COUNTY, IDAHO DRAFT SCALE DATE KDH 1 u = 200' 12/16/0Z REVISION SHEET DESIGN DWG.NO. 20602 2060Z-WEASE.DWG EXHIBIT" A" DESCRIPTION FOR WATER AND SEWER EASE:MENTS PROPOSED BRlDGETOWER CROSSING SUBDIVISION NO.3 December 16, 2002 Temporary easements for sanitary sewer and water line construction, operation and maintenance, located in Section 35, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: TEMPORARY EASEMENT NO.1 (WATER AND SEWER) N. COPPERCLOUD WAY Commencing at the West 14 Comer Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00053'19" E 709,51 feet to a point; thence N 00000'00" E 2341.50 feet to the REAL POINT OF BEGINNING oftms easement description; Thence N 15000'00" E 20.00 feet to a Point; Thence S 75000'00" E 68.00 feet to a Point; Thence S 15000'00" W 20.00 feet to a Point; Thence N 75000100" W 68.00 feet to the REAL POINT OF BEGINNING of this easement description; TEMPORARY EASEMENT NO.2 (WATER) W. lVIESSINA STREET Commencing at the West 14 Comer Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00053'19" E 309.27 feet to a point; thence N 00000'00" E 2640.90 feet to the REAL POINT OF BEGINNING oftms easement description; Thence N 00000'00" E 20.00 feet to a Point; Thence S 90000'00" E 68.00 feet to a Point; Thence S 00000'00" W 20.00 feet to a Point; Thence N 75000'00" W 68.00 feet to the REAL POINT OF BEGINNING ofthis easement description; June 6, 2003 MERIDIAN CITY COUNCIL MEETING June 10,2003 APPLICANT Public Works Department ITEM NO. REQUEST Streetlight Agreement for Sutherland Farms Subdivision NO.1: B-7L AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SmLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Memo I Agreement ~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED JUN - 5 2003 City Of Meridian City Clerk Office To: Mayor Corrie & City Council From, Brad Watson, P.E".;j';:3t.u cc: File, Gary Smith, PE, City Clerk Date: 6/5/2003 Re: Proposed Agenda Items for June 10 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the June 10 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Sundance Subdivision NO.2. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Sundance Subdivision No.2 and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for BridQetower Crossinq Subdivision No.3, Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Bridgetower Crossing Subdivision No.3 and authorize the Mayor to sign and City Clerk to attest. *- 3) StreetliQht Aqreement for Sutherland Farms Subdivision NO.1. Typical decorative streetlight agreement. Recommended Council Action: Approve the Streetlight Agreement for Sutherland Farms Subdivision No.1 and authorize the Mayor to sign and City Clerk to attest. 4) Streetliqht AQreement for Meadowlake Villaqe (aka Touchmark Subdivision) . Typical decorative streetlight agreement . Page 1 Recommended Council Action: Approve the Streetlight Agreement for Meadowlake Village (aka Touchmark Subdivision) and authorize the Mayorto sign and City Clerk to attest. 5) StreetliQht Aqreements for Lochsa Falls Subdivisions NO.1, 2 & 3. Typical decorative streetlight agreements. Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls Subdivisions No.1, 2 & 3 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 2 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF :MERIDIAN and Great Sky Inc" pertaining to the street lights in SutherLand Farm, a residential development in Meridian, Idaho. -- For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Great Sky Inc. has provided llstreet light poles, concrete pole bases, fixtures, bulbs, and components to the residential development lmown as Sutherland Farm Sub in Meridian, Idaho. The parties aclmowledge that the 11 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho, 2. Great Sky Inc., or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance. at its own expense; and it is further agreed that Great Sky Inc, or its heirs. successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the, 11 street lights located in Sutherland Farm Sub. in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the b~bs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device ofthe "fail off' type. 5. It is understood and agreed that Great Sky Inc. 'Will assign its rights and obligations hereunder to Sutherland Fann H.O.A when said Homeowners Association is formed and operational. STREET LIGHT AGRERivrRNT Page 1 This AGREE11ENT shall be binding on Great Sky Inc. its heirs, successors and assigns, and the CITY OF.MERIDIAN. Dated this 01. 7'4 day of HAY , 2008 CITY OF 1\1ERIDIAN, a municipality and Political subdivision of the State of Idaho By Robert D. Corrie, Mayor ATTEST: William G. Berg, Jr., City Clerk Great Sky Inc. BY~~ President ATTEST: ~~,9~ Secretary STRRRTTJGHT AGREEMENT PaQ:e 2 STATEOFCALIFORNIA ) ) COUNTY OF SAN MATEO ) On 1-t-4A( 01.7, ~3 , before me, $1+1~t..~ t(;. 4A4'-tA-.1/ , Notary Public, personally appeared TREVOR C. ROBERTS, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entities upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. +#P~ Notary Pub c 6J SHIRlEYW. HOFFMAN - Commission j! 1328734 ~' Notary Public - California ~ [ San Ma~o co~nty - My Comm. ExpIres Nov 7, 2005 ---- --- -- -- --- -- ----....~ STATE OF CALIFORNIA ) ) COUNTY OF SAN MATEO ) On f1 +r ;.. 7, ..,<l1tJ 3 , before me, S IHtU67' w-: l-I-tJ~1'-/A-,.;../ Notary Public, personally appeared LOUIS G. HARDING, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entities upon behalf of which the person ac:ted, executed the instrument. WITNESS my hand and official seal. N~#~ i~-----~---~-~ ~ SHIRlEYW. HOFFMAN Commission tJ 1328734 - z ~' NO.tary Public - CalifornIa ~ j San Mateo County I % MyComm. Expires Nov?, 2005 ~"'P"~ _ __ __ __ __ ___ __ ___ __ ~ ( June 6,2003 MERIDIAN CITY COUNCIL MEETING June 10,2003 APPLICANT Public Works Department ITEM NO. REQUEST Streetlight Agreement for Lochsa Falls Subdivision No.1: 3-P 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: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Memo I Agreement ~vV Date: Phone: Materials presented at pUbllc meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED JUN - 5 2003 C~ty Of Meridian CIty Clerk Office To: Mayor Conie & City Council From, Brad Watson, P.E;;1'~ CC: File, Gary Smith, PE, City Clerk Date: 6/5/2003 Re: Proposed Agenda Items for June 10 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the June 10 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Sundance Subdivision No.2. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Sundance Subdivision No.2 and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for Bridaetower Crossina Subdivision No, 3. Typical sewer and water main easement Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Bridgetower Crossing Subdivision No.3 and authorize the Mayor to sign and City Clerk to attest. 3) Streetliaht Aareement for Sutherland Farms Subdivision No.1. Typical decorative streetlight agreement. Recommended Council Action: Approve the Streetlight Agreement for Sutherland Farms Subdivision NO.1 and authorize the Mayor to sign and City Clerk to attest. 4) StreetHaht Aareement for Meadowlake Villaae (aka Touchmark Subdivision) . Typical decorative streetlight agreement. . Page 1 K- Recommended Council Action: Approve the Streetlight Agreement for Meadowlake Village (aka Touchmark Subdivision) and authorize the Mayorto sign and City Clerk to attest, Streetliaht Aareements for Lochsa Falls Subdivisions NO.&~. Typical decorative streetlight agreements. 5) Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls Subdivisions No.1, 2 & 3 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 2 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF lvIERIDIAN and Lochsa Falls, LLC, pertaining to the street lights in Lochsa Falls Subdivision No. 11 a -- residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the - parties agree as follows: 1. Lochsa Falls, LLC has provided 23 street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Lochsa Falls Subdivision No.1 in Meridian, Idaho. The parties acknowledge that the 23 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Lochsa Falls, LLC, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, andlor appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Lochsa Falls, LLC, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, andlor ballast, do burn out and that the City will allow reasonable time to replace them, 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 23 street lights located in Lochsa Falls Subdivision No, 1 in the usual and customary manner. > 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Lochsa Falls, LLC will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREElvIENT Page 1 This AGREEMENT shall be binding on successors and assigns, and the CITY OF MERIDIAN, its heirs, Dated this day of ,20 CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho. By Robert D. Corrie, Mayor ATTEST: William G. Berg, Jr., City Clerk LOCHS A FALLS, L.L.C. By ?"~~ Marty G ldsmith, Member ATTEST: Secretary STREET LIGHT AGREEMENT STATE OF IDAHO, ) : ss. County of Ada. ) On this _ day of , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY CO:tv1MISSION EXPRIES: STATE OF IDAHO, ) : ss. County of Ada. ) On this +~ay of JGl\'lL ,20-2.2, before me, the undersigned, a Notary Public in and for said State, personally appeared MARTY GOLDS:MITH, known to be me to be a Member of LOCHSA FALLS, L.L.C., and the Member or one of the Members who subscribed said liability company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said limited liability company, and that such limited liability company executed the same in said company name, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL ,.",.........., ......",," ~y>BCC-4 ;"'" ..... ~ . ...1_ .... $ -- Ii ....~ \ = O~ \ C) ~ : '" ~'. 1::;) : :.; lI'd '. "1""" '0: _... J. 'r... :.....~ V"A ,~.z: - ... v I.:t:.. .. \ ~ (Ie t-.. $ " OA ....fIt C> $ ".. ~'l ....... ~ .:- "'I, :D A H 0 """ ........ '" ,.... '........11" ~.p)QW'OlJ ~ NOTARY PUBLIC F 'rD~& J RESIDING AT I . MY COMMISSION EXPR -s: ' 1 ~lil1 STREET LIGill AGREEMENT June 6, 2003 MERIDIAN CITY COUNCIL MEETING June 10, 2003 APPLICANT Public Works Department ITEM NO. 3 -0 REQUEST Streetlight Agreement for Meadowlake Village (aka Touchmark Subdivision): AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: Contacted: See Attached Memo / Agreement ~vvu Date: Phone: Materials presented at public meetIngs shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED JUN - 5 2003 C~ty Of Meridian CIty Clerk Office To: Mayor Corrie & City Council From: Brad Watson, P.E~~ cc: File, Gary Smith, PE, City Clerk Date: 6/5/2003 Re: Proposed Agenda Items for June 10 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the June 10 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Sundance Subdivision No.2. Typical sewer and water main easement Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Sundance Subdivision No.2 and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for Bridoetower Crossino Subdivision NO.3. Typical sewer and water main easement Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Bridgetower Crossing Subdivision No.3 and authorize the Mayor to sign and City Clerk to attest. 3) Streetlioht Aoreement for Sutherland Farms Subdivision No.1. Typical decorative streetlight agreement. Recommended Council Action: Approve the Streetlight Agreement for Sutherland Farms Subdivision No.1 and authorize the Mayor to sign and City Clerk to attest. ~ 4) Streetlioht Aoreement for Meadowlake Villaoe (aka Touchmark Subdivision) . Typical decorative streetlight agreement. . Page 1 Recommended Council Action: Approve the Streetlight Agreement for Meadowlake Village (aka Touchmark Subdivision) and authorize the Mayor to sign and City Clerk to attest. 5) Streetlioht Aoreements for Lochsa Falls Subdivisions NO.1, 2 & 3. Typical decorative streetlight agreements. Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls Subdivisions No.1, 2 & 3 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 2 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF ~RIDIAN and Touchmark of the Treasure Valley, pertaining to the street lights in Meadowlake Village, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Touchmark of the Treasure Valley has provided 85 street light poles, fixtures, bulbs, and components to the residential development known as Meadowlake Village in Meridian, Idaho. The parties acknowledge that the 85 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Touchmark of the Treasure Valley, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Touchmark of the Treasure Valley ,or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 85 street lights located in Meadowlake Village in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off" type. STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on Touchmark of the Treasure Valley. its heirs, successors and assigns, and the CITY OF :MERIDIAN. Dated this ATTEST: William G. Berg, Jr., City Clerk ATTEST: STREET LIGHT AGREE:MENT day of ,20 CITY OF :MERIDIAN, a municipality and Political subdivision of the State ofIdaho By Robert D. Corrie, Mayor Touchmark of Treasure Valley j8~~ Page 2 STATE OF IDAHO, ) ss. County of Ada, ) On this _ day of , 20 ~ before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF J\1ERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fIrst above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COJ\1MISSION EXPIRES STATE OF ,) ,) ss. County of On this ~ day of .:J&/'/ E , 20~ before me, the undersigned, a Notary Public in and for said State, personally appeared ..JL2...SEP/I ~. S'tuE/l/cltJN and 7#EPks/9 ~ /f'E/..sL.u/~ known to me to be the President and Secretary of Touchrnark of Treasure Valley, who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL \\\,'" """" ~,\\ J. HA'4-': ""~~ ~ ~f!'I. ........ :Q....1-: ~~ "':--'~~ S ";": ~OT~.A\~:' :*! ~.c~ '! *= .. .. 3 .... ~ ~ ~r;r,n C ! : '.~ w~. ,vnLl ilO 2 '''~~'OFIV'~.f if/HI nH\\ =tJ:~ OTARY PUBLIC FOR ID 0 RESIDJNGAT ~~~JJV. MY COJ\1MISSION EXP S ~-,;;{ J-C):7 STREET LIGHT AGREEJ\1ENT Page 3 June 6, 2003 MERIDIAN CITY COUNCIL MEETING June 10,2003 APPLICANT Public Works Department ITEM NO. REQUEST Streetlight Agreement for Lochsa Falls Subdivision No.2: 3-Q 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 I Agreement ~~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED JUN - 5 2003 City Of Meridian City Clerk Office To: Mayor Conie & City Council Fmm: Brad Watson, P.E#~ CC: File, Gary Smith, PE, City Clerk Date: 6/5/2003 Re: Proposed Agenda Items for June 10 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the June 10 City Council agenda. on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Sundance Subdivision NO.2. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Sundance Subdivision NO.2 and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for BridQetower Crossin!:! Subdivision No.3. Typical sewer and water main easement Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Bridgetower Crossing Subdivision No.3 and authorize the Mayor to sign and City Clerk to attest. 3) Streetlight Agreement for Sutherland Farms Subdivision NO.1. Typical decorative streetlight agreement. Recommended Council Action: Approve the Streetlight Agreement for Sutherland Farms Subdivision No.1 and authorize the Mayor to sign and City Clerk to attest. 4) Streetlight A!:!reement for Meadowlaka Villa!:!e (aka Touchmark Subdivision) . Typical decorative streetlight agreement. . Page 1 Recommended Council Action: Approve the Streetlight Agreement for Meadowlake Village (aka Touchmark Subdivision) and authorize the Mayor to sign and City Clerk to attest. ')(.. 5) , Streetli ht A reements for Lochsa Falls Subdivisions No. 1 2 & 3. Typical decorative streetlight agreements. Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls Subdivisions No.1, 2 & 3 and authorize the Mayor to sign and City Clerk to attest, Thank you for your consideration. . Page 2 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF :MERIDIAN and Lochsa Falls, LLC, pertaining to the street lights in ,!-ochsa Falls Subdivision No.2, a , residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Lochsa Falls, LLC has provided 6 street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Lochsa Falls Subdivision No.2 in Meridian, Idaho. The parties acknowledge that the 6 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2, Lochsa Falls, LLC, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Lochsa Falls, LLC, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them, 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 6 street lights located in Lochsa Falls Subdivision No.2 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Lochsa Falls, LLC will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on successors and assigns, and the CITY OF MERIDIAN, its heirs, Dated this day of ,20 CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho. By Robert D. Come, Mayor ATTEST: William G. Berg, Jr., City Clerk LOCHSA FALLS, L.L.c. By -m~~ Marty Goldsmith, Member ATTEST: Secretary STREET LIGHT AGREEMENT STATE OF IDAHO, ) : ss. County of Ada. ) On this _ day of ,20_, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D, CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF NlERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian execute the same. :IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPRIES: STATE OF IDAHO, ) : ss. County of Ada. ) On this ~day of \ )It~ 0 , 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared MARTY GOLDSMITH, known to be me to be a Member of LOCHSA FALLS, L.L.c., and the Member or one ofthe Members who subscribed said liability company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said limited liability company, and that such limited liability company executed the same in said company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ' SEAL ,.,11' """ ", ," ....,.. CC!\ J. M. 'I,#. ...... ~..... ill.' A ,#. ~ :<0 .. ~o '\ !~I ~Ol'~h ~\ :: '"r" J. "': : *' : -._ r- : : \,1) 0: ~ ~}..lrBLIC .. E ~ - ""'" .., .)> 0 ~i' ""! OF ID~~~,"'" I" ~~, '.......", ~11~ ~J LtJ ttfdMDJC( NOTARY PUBLIC FO~ RESIDING AT MY COMMISSION EXP ':. \ / 21 (V;b 1 STREET LIGHT AGREENlENT June 6, 2003 MERIDIAN CITY COUNCIL MEETING June 10, 2003 APPLICANT Public Works Department ITEM NO. REQU EST Streetlight Agreement for Lochsa Falls Subdivision No.3: 3-R- 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 I Agreement ~r Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVE.D JUN - 5 2003 City Of M "di C" en an rty Clerk Office To: Mayor Corrie & City Council From. Brad Watson, P.Efj';:[3tJ CC: File, Gary Smith, PE, City Clerk Date: 6/5/2003 Re: Proposed Agenda Items for June 10 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the June 10 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Sundance Subdivision No.2. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Sun dance Subdivision No.2 and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for BridQetower CrossinQ Subdivision NO.3. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Bridgetower Crossing Subdivision No.3 and authorize the Mayor to sign and City Clerk to attest. 3) Streetliaht Aareement for Sutherland Farms Subdivision NO.1. Typical decorative streetlight agreement. Recommended Council Action: Approve the Streetlight Agreement for Sutherland Farms Subdivision No.1 and authorize the Mayor to sign and City Clerk to attest. 4) StreetliQht Aareement for Meadowlake VillaQe (aka Touchmark Subdivision) . Typical decorative streetlight agreement. . Page 1 Recommended Council Action: Approve the Streetlight Agreement for Meadowlake Village (aka Touchmark Subdivision) and authorize the Mayorto sign and City Clerk to attest. "X:. 5) Streetli ht A reements for Lochsa Falls Subdivisions NO.1 2 3. Typical decorative streetlight agreements. Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls Subdivisions No.1, 2 & 3 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 2 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF :MERIDIAN and Lochsa Falls, LLC, pertaining to the street lights in Lochsa Falls Subdivision No.3, a .-r- ~ residential development in Meridian, Idaho. - For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Lochsa Falls, LLC has provided 12 street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Lochsa Falls Subdivision No.3 in Meridian, Idaho. The parties acknowledge that the 12 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho, 2. Lochsa Falls, LLC, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Lochsa Falls, LLC, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 12 street lights located in Lochsa Falls Subdivision No.3 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5, It is understood and agreed that Lochsa Falls, LLC will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREE1v1ENT Page 1 This AGREE11ENT shall be binding on successors and assigns, and the CITY OF 11ERIDIAN. its heirs, Dated this day of ,20 CITY OF 1\1ERIDIAN, a municipality and Political subdivision of the State of Idaho. By Robert D. Corrie, Mayor ATTEST: William G. Berg, Jr., City Clerk LOCHSA FALLS, L.L.c. By ~~~ Marty oldsrruth, Member ATTEST: Secretary STREET LIGHT AGREEMENT STATE OF IDAHO, ) : ss. County of Ada. ) On this _ day of , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COlV1MISSION EXPRlES: STATE OF IDAHO, ) : ss. County of Ada. ) On this {'\-V\daYOf \.)\1 \~ O~ , 20~, before me, the undersigned, a Notary Public in and for said State, perso~ail'y appeared MARTY GOLDSMITH, known to be me to be a Member of LOCHS A FALLS, L.L.C., and the Member or one of the Members who subscribed said liability company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said limited liability company, and that such limited liability company executed the same in said company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~ STREET LIGHT AGREEMENT i i< June 6, 2003 Department Reports MERIDIAN CITY COUNCIL MEETING APPLICANT Meridian Police Department June 10,2003 ITEM NO. I../- - A -I REQUEST Discussion of Grant Award with Cpt. Bill Musser: 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: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: S JU rJv' /7 {;1f S J;tJ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, June 3,2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: L Tammy de Weerd X Bill Nary I Cherie McCandless I Keith Bird L Mayor Robert Corrie 2. Adoption of the Agenda: ?t--~ v<.- 3. Tabled from May 27,2003: Discussion of Budget Items Policies: (5 minutes*) d/ratrred--- 4. Discussion of Computer Usage Policy by Stacy Kilchenmann: (5 minutes*) dl.rc;.u..rred-- 5. Information Technology Department Update: (5 minutes*) pefervf.e-d..- ~ 7er.r:; A 6. Discussion of Speed Limit Changes in Alley Ways from 25 to 15 mph: (15 minutes*) dr":.Jcurfe?L 7. Discussion of Center Turn Lane Ordinance: (5 minutes*) d/.rcuSf-ecL 1< Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Meridian City Council Pre-Council Agenda - June 3, 2003 Page I of I All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. MAYOR Robert D. Corrie ". . :f"i.'9:,: .,. Ar;', AA-.!l oW'e;;d/;~'C- J~ ''\ I IDAHO JY A y .,~ .-? C: ,.7 ~V~ell -l ~ 'II.-TREASUHe:V~.. ,'"C; 1903 LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888.3579 . Fax 898-5501 PUBLIC WORKS (208) 898-5500 . Fax 887-1297 BUILDING DEPARTMENT (208) 887.2211 . Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy de WeeI'd William L M. Nary Cherie McCandless Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, June 3, 2003 at 6:00 P.M. The Meridian City Council will be discussing the following agenda items: .... Tabled from May 27, 2003: Discussion of Budget Items Policies - Discussion of Computer Usage Policy .... Information Technology Department Update - Discussion of Speed Limit Changes in Alley Ways from 25 to 15 mph .... Discussion of Center Turn Lane Ordinance The public is welcome to attend the meeting. J~~ DATED this 30th day of May, 2003. 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642. (208) 888-4433 City Clerk Ortiee Fax (208) 888-4218 . Human Resources Fax (208) 884-8723.' Finance & Utility Billing Fax (208) 887-48 J 3 MAYOR Robert D. Corrie / ',~~~' ..' " AA:~- ~ ~. J'( cMe;;dl;~~-~; '\ IDAHO i / QmcL' , I. 19Q3 LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579 . Fax 898-550 I PUBLIC WORKS (208) 898.5500 . Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887.1297 PLANNING & ZONING (208) 884-5533 . Fax 888.6854 CITY COUNCIL MEMBERS Tammy de WeeI'd William L M. Nary Cherie McCandless Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, June 3,2003 at 6:00 P.M. The Meridian City Council will be discussing the following agenda items: - Tabled from May 27, 2003: Discussion of Budget Items Policies - Discussion of Computer Usage Policy - Information Technology Department Update - Discussion of Speed Umit Changes in Alley Ways from 25 to 15 mph - Discussion of Center Turn Lane Ordinance The public is welcome to attend the meeting. J~ft - "- "- .. DATED this 30th day of May, 2003. 33 EAST IDAHO AVENUE' MERIDIAN, IDAHO 83642' (208) 888-4433 City Clerk onice Fax (208) 888-4218 . Human Resources Fax (208) 884-8723. Finance & Utility Billing Fax (208) 887-4813 MAYOR Robert D. Corrie '.. ..., ~, "I \' LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888.3579 . Fax 898-5501 PUBLIC WORKS (208) 398-5500. Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211. Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, June 3, 2003 at 6:00 P.M. The Meridian City Council will be discussing the following agenda items: - Tabled from May 27, 2003: Discussion of Budget Items Policies - Discussion of Computer Usage Policy - Information Technology Department Update - Discussion of Speed Limit Changes in Alley Ways from 25 to 15 mph - Discussion of Center Turn Lane Ordinance The public is welcome to attend the meeting. J~4- DATED this 30th day of May, 2003. 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642. (208) 888-4433 City Clerk Office Fax (208) 888-4218 . Human Resources Pax (208) 884-8723.. Finance & Utility Billing Fax (208) 887-4813 MAYOR Robert D. Corrie p, 0 _I r r,; L I,' Y1r-'~nn_ ( Jlo...Se.. r O<s.L: 7t'D'( r ~rJ-V)~ r '( ... ~ ,.., ~~ . ~:(~k't '1: ."'l cUe;;;I1~;t .::\, I IDAHO // -1 /Y ~C ~ li;h-E;~ ..., . <Ir TREt\Sl.mE V ~ >lHOE . .1903 LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500 . Fax 887-] 297 BUILDING DEPARTMENT (208) 887-221 I. Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, June 3, 2003 at 6:00 P.M. The Meridian City Council will be discussing the following agenda items: - Tabled from May 27, 2003: Discussion of Budget Items Policies - Discussion of Computer Usage Policy - Information Technology Department Update - Discussion of Speed Limit Changes in Alley Ways from 25 to 15 mph - Discussion of Center Turn Lane Ordinance The public is welcome to attend the meeting. J~4- :: ... DATED this 30th day of May, 2003. 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642. (208) 888-4433 City Clerk Oftice Fax (208) 888-4218 . Human Resources Fax (208) 884-8723.' Finance & Utility Billing Fax (208) 887-48] 3 C.. <r uaS~ ry os-t .~y ~v-~i:GNof1C0 -- fhtvYl~~! CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, June 3, 2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Tabled from May 27,2003: Discussion of Budget Items Policies: (5 minutes"') 4. Discussion of Computer Usage Policy by Stacy Kilchenmann: (5 minutes"') 5. Information Technology Department Update: (5 minutes"') 6. Discussion of Speed Limit Changes in Alley Ways from 25 to 15 mph: (15 minutes.) 7. Discussion of Center Turn Lane Ordinance: (5 minutes.) '" Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Meridian City Council Pre.coUJlcil Agenda - June 3, 2003 Page 1 of I All materials presented at public meetings shall become prDperty of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. ** COMMUNICATIONS REPORT ** AS OF MAY 30 '03 15:07 PAGE. 01 CITY OF MERIDIAN TOTAL PAGES TOTAL TIME SEND 0032 SEND 00012'58" RECEIVE 0003 RECEIVE 000 01 ' 29 " DATE TIME TO/FROM MODE MIN/SEC PGS CMD" STATUS 01 05/30 05:25 939 4744 G3--R 00'41" 001 076 OK 02 05/30 09:24 2088886854 EC--S 00'43" 002 077 OK 03 05/30 09:42 2088886854 EC--R 00'22" 001 079 OK 04 05/30 09: 56 PUBLI C WORKS UF--S 00' 10" 001 080 OK 05 05/30 09:57 2088886854 EC--S 00' 19" 001 080 OK 06 05/30 13:55 208 288 1946 G3--S 00'36" 001 082 OK 07 05/30 14:10 +2083845788 EC--S 01'51" 003 084 01< 08 05/30 14:14 416567xxxx EC--R 00'26" 001 086 OK 09 05/30 14:44 3810160 EC--S 00'30" 001 087 OK 10 05/30 14:45 PUBLIC WORKS UF--S 00' 12" 001 087 OK 11 05/30 14:46 12084664405 EC--S 00'21" 001 087 OK 12 05/30 14:47 8841159 EC--S 00'21" 001 087 OK 13 05/30 14:48 2088840744 EC--S 00'21" 001 087 OK 14 05/30 14:49 2088467366 EC--S 00'21" 001 087 OK 15 05/30 14:50 LIBRARY EC--S 00'23" 001 087 OK 16 05/30 14:51 92083776449 EC--S 00'20" 001 087 OK 17 05/30 14:51 208 388 6924 EC--S 00'23" 001 087 OK 18 05/30 14:52 2088886854 EC--S 00'21" 001 087 OK 19 05/30 14:53 12084674538 EC--S 00'20" 001 087 OK 20 05/30 14:54 8950390 EC--S 00'21" 001 087 OK 21 05/30 14:55 Laurel EC--S 00'21" 001 087 OK 22 05/30 14:56 208 387 6393 EC--S 00'21" 001 087 OK 23 05/30 14:57 ADR CTY DEVELMT G3--S 00'40" 001 087 OK 24 05/30 14:58 CHERIE MCCANDLES EC--S 00'25" 001 087 OK 25 05/30 14:59 CHERRY LANE EC--S 00'23" 001 087 OK 26 05/30 15:00 POST OFFICE EC--S 00'29" 001 087 OK 27 05/30 15:01 IDRHO ATHLETIC C EC--S 00'21" 001 087 OK 28 05/30 15:02 ID PRESS TRIBUNE EC--S 00'20" 001 087 OK 29 05/30 15:03 3810160 EC--S 00'34" 001 088 OK 30 05/30 15:04 12084664405 EC--S 00'25" 001 088 OK 31 05/30 15:06 8985501 EC--S 00'21" 001 087 OK 32 05/30 15:07 8841159 EC--S 00'25" 001 088 OK ** TX CONFIRMATION REPORT ** AS OF MAY 30 '03 15:07 PAGE. 01 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 DATE TIME TO/FROM 05/30 14:44 3810160 05/30 14:45 PUBLIC WORKS 05/30 14:46 12084664405 05/30 14:47 8841159 05/30 14:48 2088840744 05/30 14:49 2088467366 05/30 14:50 LIBRRRY 05/30 14:51 92083776449 05/30 14:51 208 388 6924 05/30 14:52 2088886854 05/30 14:53 12084674538 05/30 14:54 8950390 05/30 14:55 Laurel 05/30 14:56 208 387 6393 05/30 14:57 ADA CTY DEVELMT 05/30 14:58 CHERIE MCCANDLES 05/30 14:59 CHERRY LANE 05/30 15:00 POST OFFICE 05/30 15:01 IDAHO ATHLETIC C 05/30 15:02 ID PRESS TRIBUNE 05/30 15:06 8985501 MODE EC--S UF--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S EC--S EC--S EC--S CITY OF MERIDIAN MIN/SEC PGS 00' 30" 001 00' 12" 001 00'21" 001 00'21" 001 00'21" 001 00'21" 001 00'23" 001 00'20" 001 00'23" 001 00'21" 001 00'20" 001 00'21" 001 00'21" 001 00' 21" 001 00'40" 001 00' 25" 001 00'23" 001 00'29" 001 00'21" 001 00'20" 001 00'21" 001 CMDI:* 087 087 087 087 087 087 087 087 087 087 087 087 087 087 087 087 087 087 087 087 087 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK <PUaB~ ?OS~ ~y 'YuJti""GtlrJh~-- LhtJ.;ft~~! CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday. June 3, 2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Tabled from May 27, 2003: Discussion of Budget Items Policies: (5 minutes-) 4. Discussion of Computer Usage Policy by Stacy Kilchenmann: (5 minutes.) ** TX CONFIRMh. ,ON REPORT ** ( AS OF MAY 30 'E:,,,, 15:07 PAGE. 01 CITY OF MERIDIAN 29 30 32 DATE TIME TO/FROM 05/30 15:03 3810160 05/30 15:04 12084664405 05/30 15;07 8841159 MODE EC--S EC--S EC-S MIN/SEC PGS 00'34" 001 00'25" 001 00'25" 001 CMDtl 088 088 088 STFlTUS OK OK OK ------------------~----------------------------------------------------~-------------------- MAYOR. Roberl D. Cortie V\1()..se..l'o~1: ~ ?(.Lkr~c... YW-kc.u '~ ~~ /=0' i~" '-/Ytendian ,,; \ IrMHO f CITY COUNCIL MEMBERS Tammy de W~erd William L M. Nary Chel'le McCOlncllcss Keilh Bird ~1I":. . '!lll~ NOTICE OF PRE-COUNCIL MEETING MERJDIAN CITY COUNCIL l.EGAL DEJ'AlITMENT (208) 4(i(i,n72 . FAX 4l>l>-l14o.~ rARKS &. RECREATION (08) 88&-3579 'l'~x $98.55GI PUBLIC WORKS (208) 898.5500' F~x SS7.I:m BlIltDING DEPARTMENT (208) 887.2::1 1 . F'~x 881-1297 PLANNING &. ZONING (20$) SS4-5S33 . Fox S8S.(iSN NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday. June 3, 2003 at 6:00 P.M. The Meridian City Council will be discussing the following agenda items: - Tabled from May 27, 2003: Discussion of Budget fterns Poficies Discussion of Computer Usage Pofiey - Information Technology Department Update - Discussion of Speed Limit Changes in Alley Ways from 25 to 15 mph - Discussion of Center Turn Lane Ordinance The public is welcome to attend the meeting, DATED this 30th day of May, 2003. ,//~~ WILLIAM G. BERG, J 33 EAST IDAHO AVENUE' MERIDIAN, IDAHO 83642 . (208) 888-4433 City Cl~r\.: Orftce Fwo; (Z08) 888-4218 . 1-lum~n ResDurces Fax (208) 884-812:; . Fin:'ll1ce &. Utility Billing Fax (208) 887-4813 i ** TX CONF I RMAIJ ON REPORT ** AS OF MAY 30 ;\;l':s 15: 12 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 04 05/30 15:11 208 888 6700 MODE MIN/SEC PGS CMD~ STATUS EC--S 00'20" 001 087 OK avUClSe.. ?OS~ -:fuy <P{)..bt.'wNo-kQ.,-1htJ4!'-~! CITY OF MERIDIAN PRE-COUNCJL MEETING AGENDA Tuesday. June 3, 2003 at 8:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ Bill Nary Cherie McCandless Keith Bird - _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Tabled from May 27, 2003: Discussion of Budget Items Policies: (5 minutes") 4. Discussion of Computer Usage POlicy by Stacy Kilchenmann: (5 minutes"') 5. Information Technology Department Update: (5 minutes.) 6. Discussion of Speed Limit Changes in Alley Ways from 25 to 15 mph: (15 minutes"') 7. Discussion of Center Turn Lane Ordinance: (5 minutes.) '" Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. M.ridiaaCilyCOUQci! ~ciI^B;'IlDlb . Juut3,:ol003 PAg~ I of! AU IIIllbi&b pttlSOl%l<ld at public me.m..p ollall '-ome prQp~ oftbe Ci'Y or~dian. An)'OIIe desiriDg acCOmxllodation fOO' dillllbiJitier l'&11ll6d to d"ClIlDCuIs llXldlcr hcouiDlP' pltUO ",mad the City Clert', Offit:e at 8&Q.4433 at IlIA$\ <IS hllUfS prior 10 1M publi. lXlCol.ing. ** TX CL MATION REPORT ** 01 02 133 OS 06 07 00 139 10 11 12 13 14 15 16 17 18 19 21 DRTE TIME TO/FROM 0:V3e 15: 00 2008640744 05/30 15' 13'3 2008467366 05/30 15:10 8985501 05/30 15: 12 LI BR'lRY 05/30 15:1392003776449 05/30 15: 14 200 388 6924 05/30 15:15 2088886854 135/30 15:16 12084674538 05/30 15: 17 8950390 05/30 15:18 Laurel 05/30 15:19 208 3876393 05/30 15:20 ADA CTY DEVELMT 05/30 15:21 CHERIE MCCANDLES 05/313 15: 22 CHERRY LANE 0S/30 15'23 POST OFFICE \35/30 15:24 IDAHO ATHLETIC C 05/30 15:25 ID PRESS TRIBUNE 05/30 15:26 200 888 6700 05/30 15: 30 PUBLIC WORK5 AS OF MAY 30 '03 CITY OF MERIDIAN j PAGE. 01 MODE EC--S EC--S EC--S EC--S EC--5 EC--S EC--5 EC--S EC--S EC--5 EC--S 133--5 EC--S EC--5 EC--S EC--S EC--S EC--5 UF--5 M1N/SEC PGS 130'24" 001 00'25" 001 00'25" 001 013'29" 001 00'25" 001 00'28" 13131 130'24" 001 013'24" 001 013'24" 0131 00'25" 001 130'24" 001 1'10'40" 001 00' 29" 001 00'29" 001 013'34" 001 013'25" 001 00' 24" 001 00' 24" 1301 00'15" 001 M^ YOR Robo" D. Corrie Vl1o..Se. 70s-l:: ~ 7/(.LI-J. "c.. Ylo-ktL, oW;;;;d,;n CITY COUNCfL MEMBeRS Tommy de We.r<! Wmiom L M, No/)' Cheri. M~ndJoss Koilh Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL CMDll OOS eSB 008 088 088 088 088 088 008 BSS 1388 1388 1388 008 088 008 1388 1388 \l88 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK LEG",l. DEI'",RTMENT (208) ~~6.nn . fAX. 466.44ll.S PARK$ a RECREATION (loa) SS~.JS7o . F,. 808-550, PUBl.IC WORKS (1081 S~8-SS00' F:.x t8l.);!97 llUILDING DSl'AR:'L'MENT r.nm 88N~J[ . F;x 881-1297 PUNNING &: ZONING (ZO~) SSJ-5533 . F,. 888.6854 - NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, June 3, 2003 at 6:00 P.M. The Meridian City Council will be discussing the following agenda items: - Tabled from May 27, 2003: Discussion of Budget Items Policies - Discussion of Computer Usage Policy - Information Technology Department Update - Discussion of Speed Urnit Changes in Alfey Ways from 25 to 15 mph - Discussion of Center Turn Lane Ordinance The public is welcome to attend the meeting. DATED this 30lh day of May. 2003. JI~4 WILLIAM G, BERG, J 33 EAST IDAf!O AVENUE . MERJDIAN. IDAHO 83642. (108) 888.4433 CIl)! CI~r. om~o F"" (2081 888.4218 . Hum,n Re;"ur~s F~ (208) 884-8723. Fio:moe &: Utilily Billing F.u (208) 887-48f3 ** COMMUNICATIONS REPORT ** AS OF MAY 30 '03 15:47 PAGE. 01 CITY OF MERIDIAN TOTAL PAGES TOTAL TIME SEND 0056 SEND 00021'56" RECEIVE 0000 RECEIVE 00000'00" DATE TIME TO/FROM MODE MIN/SEC PGS CMDt; STATUS 01 05/30 15:08 2088840744 EC--S 00'24" 001 088 OK 02 05/30 15:09 2088467366 EC--S 00'25" 001 088 OK 03 05/30 15:10 8985501 EC--S 00'25" 001 088 OK 04 05/30 15:11 208 888 6700 EC--S 00'20" 001 087 OK 05 05/30 15:12 LIBRARY EC--S 00'29" 001 088 OK 06 05/30 15:13 92083776449 EC--S 00'25" 001 088 OK 07 05/30 15:14 208 388 6924 EC--S 00'28" 001 088 OK 08 05/30 15:15 2088886854 EC--S 00'24" 001 088 OK 09 05/30 15:16 12084674538 EC--S 00'24" 001 088 OK 10 05/30 15:17 8950390 EC--S 00'24" 001 088 OK 11 05/30 15:18 Laurel EC--S 00'25" 001 088 OK 12 05/30 15:19 208 387 6393 EC--S 00'24" 001 088 OK 13 05/30 15:20 ADA CTY DEVELMT G3--S 00'40" 001 088 OK 14 05/30 15:21 CHERIE MCCANDLES EC--S 00'29" 001 088 OK 15 05/30 15:22 CHERRY LANE EC--S 00'29" 001 088 OK 16 05/30 15:23 POST OFFICE EC--S 00'34" 001 088 OK 17 05/30 15:24 IDAHO ATHLETIC C EC--S 00'25" 001 088 OK 18 05/30 15:25 ID PRESS TRIBUNE EC--S 00'24" 001 088 OK 19 05/30 15:26 208 888 6700 EC--S 00'24" 001 088 Of< 20 05/30 15:27 3810160 EC--S 01'42" 0213 093 OK 21 05/30 15:30 PUBLIC WORKS UF--S 00'15" 001 088 OK 22 05/30 15:30 PUBLIC WORKS UF--S 00'50" 003 093 OK 23 05/30 15:32 2084664405 EC--S 01'01" 003 093 OK 24 05/30 15:34 2088840744 EC--S 01'02" 003 093 OK 25 05/30 15:35 2088467366 EC--S 01'02" 003 093 OK 26 05/30 15:37 8985501 EC--S 01'01" 003 093 OK 27 05/30 15:38 LIBRARY EC--S 01'20" 003 093 OK 28 05/30 15:40 92083776449 EC--S 01'01" 003 093 OK 29 05/30 15:42 208 388 6924 EC--S 01' 19" 003 093 OK 30 05/30 15:44 2088886854 EC--S 01'01" 003 093 OK 31 05/30 15:45 12084674538 EC--S 01'00" 003 093 01< 32 05/30 15:46 8950390 EC--S 01'00" 003 093 OK June 20, 2003 MERIDIAN CITY COUNCIL MEETING June 24,2003 APPLICANT ITEM NO. REQUEST Approve minutes of June 3.2003 Pre-Council Meeting: 8-~ AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETILERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS ~ t0~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, June 3, 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 Corrie 2. Adoption of the Agenda: 3. Tabled from May 27,2003: Discussion of Budget Items Policies: (5 minutes*) 4. Discussion of Computer Usage Policy by Stacy Kilchenmann: (5 minutes*) 5. Information Technology Department Update: (5 minutes*) 6. Discussion of Speed Limit Changes in Alley Ways from 25 to 15 mph: (15 minutes*) 7. Discussion of Center Turn Lane Ordinance: (5 minutes*) * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only. Meridian City Council Pre-Council Agenda - June 3, 2003 Page I of I All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. Meridian City Pre-Council Meetinq June 3. 2003 The Pre-Council Meeting of the Meridian City Council was called to order at 6:00 P.M. on Tuesday, June 3, 2003, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Cherie McCandless, Bill Nary, Keith Bird, and Tammy de Weerd. Others Present: Bill Nichols, Stacy Kilchenmann, Brad Watson, Anna Powell, Kenny Bowers, Bill Musser, Terry Paternoster, 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: I would like to call order the Tuesday, June 3, 2003 Pre-Council Meeting and have roll call attendance please by the City Clerk. Item 2. Adoption of the Agenda: Corrie: At this time, we have the adoption of the Pre-Council Agenda. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move we adopt the agenda as published. Nary: Second. Corrie: Okay motion been made and second to adopt the agenda as published. All in favor say aye. Opposed no. All ayes motion carried, MOTION CARRIED: ALL AYES Item 3. Tabled from May 27, 2003: Discussion of Budget Items Policies: Corrie: Item Number 3 is tabled from May 27, 2003 on a discussion on budget item policies. Stacy Kilchenmann. Kilchenmann: Mr. Mayor, Members of Council I believe this was the item that if Council had any special projects or requests for information that you were going to give that to me. Meridian City Pre-Council Meeting June 3, 2003 Page 2 of 22 De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I think as we look to the upcoming budget year we need to be a little bit more detailed in our professional services or contracted labor areas, As well, do we want something in the budget for planning on a new city hall and if so how much to put in there. I guess that's probably first and foremost. I don't really see anything specific for Council that we're not doing through our individual departments as far as professional services go unless anyone else has come up with anything but as we saw this year the 40,000 dollars for the Ten Mile Interchange kind of popped up there unplanned and a couple of other things. Do we want to put an amount there that is not really designated for those kinds of contingencies or how do you want to go about doing that? Kilchenmann: You still have in the base for FY04 you still have 45,000 just under generic counseling. We still have that in the base for 2004. De Weerd: I don't know. I just think just because it's been there historically I think there needs to be better reasoning. We've asked that of the departments we probably should expect it of ourselves. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: You said it's 45,000 for general counseling? Kilchenmann: Consulting I'm sorry. Nary: Oh okay I thought wow what's that? I guess and Councilperson de Weerd what did you have in mind. De Weerd: Well if the Council really sees specific needs coming up that we want to earmark at a certain amount and if so what would that be? What amount would you feel comfortable for contingencies? Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I guess one of the things I - in just thinking out loud I know we'll have some further opportunity to discuss this. I do like having that contingency for the Council to review so that avoids some of the issues in Boise where they have the contingency to count that was sort of tapped by a bunch of different departments Meridian City Pre-Council Meeting June 3, 2003 Page 3 of 22 and tapped to the Mayor's Office and the Council didn't have a participation in that. I think to be responsible to the voters that really should be the Council's purview to deal with that. I agree, I mean some details probably necessary and I think we'll have to define that. I don't know that we can define it today but I think that probably makes since. You're right I think that that's the expectation of the departments. It's only reasonable that that should be the same expectation we place on ourselves. I mean I think that makes sense I guess we just need to find a better way between June or July I guess we can make that a little clearer as to what types of things you want to use those types of monies for. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I agree that we do need to have it on some kind of a program where we need to state what we want to put in, where and why. I definitely think we need to stay on track with having some money put aside for some studies on city hall because to be efficient and to do it we've got to get our city hall back, get our (inaudible) back under one roof and get that taken care of. It's something we've put off a couple years too long already. Corrie: Let me ask the Council. Did you all see that from the report that came in from the investment? Bird: Yes. Corrie: All right. Nary: Mr. Mayor. Corrie: Mr. Nary, Nary: Oh were you done Mr. Bird I'm sorry? Bird: No I'm done. Nary: Okay. I guess on the same item of discussion of policies about two months ago I think I forwarded it to you with the all the Council. A policy regarding to ensure a possibility both for the elected officials as well as the appointed officials in the city to be again, accountable to the public accountable to the citizens as to the budget and what it is. I guess I would like at least some opportunity obviously that's not on our agenda today for discussion but I don't want to just sit to leave that on the back burner forever. At some point like I would like us to discuss that on whether it's in conjunction with the budgetary hearings or on a Pre-Council in the next month, month in a half whatever. It's not an urgency but I think at some point we want to make sure that the public can Meridian City Pre-Council Meeting June 3, 2003 Page 4 of 22 say where we take our responsibility seriously. We put it in words, we put it in practice, and that was kind of the intent of that policy, I guess two things that I have had in my mind for the last year and I know again we of course have a tight budget year. I don't know that this is necessarily for Stacy. I have had some conversation with Pauline, I recognize I guess coming budget year, we're going to be fairly lean in regards to employees pay, and we're going to really duress them with the cost of different benefits, salaries, and pay. One of the things that we haven't done and J asked Pauline to look into it a little bit and I don't know that we'll have any dollar figures, costs, or anything by budgetary hearings but there will be some dollar figures attached. One of the things that I think we really need to at least evaluate in a real program, systematic way is some other alternative to employee incentives. I don't just mean the bonuses I mean there are lots of employee incentives that can be very minimal expense. One of the things we don't do here in Meridian that many businesses do is have flextime. For the City of Boise, we have that and it can be a management issue at times but it's a great incentive for employees. If you're very lean on pay and yet you can provide other alternatives still provides a pretty good work atmosphere. Flex time at least for other than the management issue that it can be sometimes doesn't have any cost. It doesn't cost anything to have people work on different schedules, Those are the things I've asked Pauline to look at and also to be looking at some other alternatives you know again bonuses are a bad word in Boise but they don't have to be, There are ways to provide positive incentives to employees that are fairly minimal in cost that again provide a positive work atmosphere. I think that's our overall goal so that's something I guess I wanted everyone to be aware of and discuss later as well. There maybe some cost associated with it and it may be one of those where we've done in the past where we've said you know we'll put a little seed money into this or we get a report back on what we can do with a little bit of seed but not a tremendously expensive funding. That was one thing and there is an I guess more of a wish list sort of item, One of the things I've noticed in our community is with the growth of our high schools we're doing a better job all the time in improving our Park's and Recreation Program and providing these opportunities to young people in our community. One of the things that we have had in Boise for the last four or five years has been a fairly effective program and hasn't been very expensive is the program started by Council President Mapp called Jump Start. What they've done with the different high schools in the Boise School District is working through the counselors in the school they have been able to hire between three or four interns per school. They have a whole system of how it's done. They've funded it with Boise. They've funded the program about 20,000 dollars and that certainly doesn't mean we have to put that type of money into it first. With the opening of Mountain View and Meridian High, with the Charter Schools and the different schools in our school district that might be a good avenue to get youth involved in the city. All of these interns our offices have used them a number of times. As a matter of fact, I told Terry last week they actually have a potential for interns with the Charter School for our IT Department. Also, in the other departments we've found it very successful against kids again actively involved in the city. They get much more connection Meridian City Pre-Council Meeting June 3, 2003 Page 5 of 22 of what goes on. We've found kids in all different areas of discipllne that have some interest whether it's in Parks, Public Works, the Legal Department, City Clerks, or Mayor's Office wherever they find a real interesting connection to the city and that again provides the most positive avenue. Again, it's a fairly inexpensive program. The plus side as I told Pauline is we can set the boundary of the program. If we want to make it a 5,000-dollar program then we hire fewer interns. We don't have to - we really can gauge the cost of it ourselves and decide how big or small we want it to be. The model is already created we don't have to recreate it since it's already been done and it's working pretty effectively through the Boise School District I'm sure the Meridian School District has been involved with it because of Centennial. There is more of an opportunity like I said it's more of a wish list thing it's not necessarily a need but it's certainly something that I think long term would be a real asset to the city. Bird: I agree 100 percent with you Bill. Corrie: We can do that Bill. We can give them time (inaudible) need and talk about that. Another one that the employees have been talking about is personal leave where they take vacation and sick as a personal leave, A lot of them will not take sick leave and keep their personal time if they do leave then it's payable. It's another thing that might keep them back on the job, Stacy have you straightened out that Aspire On money where it's coming from? Kilchenmann: Mr. Mayor we've moved it back and forth. Currently our understanding was that we were take as much out of Pauline's and your budget as we could and then move the remaining money from the Council's budget into Human Resources budget to pay for it. Corrie: Is that agreeable to the Council? De Weerd: Do we have amounts. Corrie: We have a definite from Aspire On because we signed the contract. De Weerd: No, I mean out of which account? Kilchenmann: I think it's 15,000 out of yours. De Weerd: Mr. Mayor. Corrie: I would like to have some money left in mine to do that team leadership program with the Department Heads. We really need (inaudible) work that one out as well. I think that's 2,000 dollars. Kilchenmann: I believe we have enough money left in yours to do that. Meridian City Pre-Council Meeting June 3, 2003 Page 6 of 22 (Inaudible discussion amongst Council Members) Corrie: It's on now but - I think that's a budget item that we're going to have to work on. (Inaudible discussion amongst Council Members) Corrie: Okay anything else Stacy? Kilchenmann: Mr. Mayor we have pretty much completed the budget and getting ready to pass minute to you. As far as the extra Council, items maybe as you have items or think of things you can put it on the list to discuss when we get to the budget hearing. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess two other things in addition if someone can do a little bit of research on the city hall cost so we have a solid number on that, next steps and that sort of thing. I don't know if the Christmas party has been addressed and I would like to see a line item in there for a volunteer appreciation picnic. I guess I heard somewhere that the Christmas party was being talked about just doing the individual department thing since they do them all individually anyway and then doing something citywide during the summer. It is something that we can combine with a volunteer appreciation but I would like to see that as a line item as well. Nary: Mr. Mayor, Corrie: Mr. Nary. Nary: Just to follow up on that too. That was something I had been thinking of as well is that whether or not it's feasible or financially possible. I thought one of things that could be looked at with an employee type appreciation and the volunteers as a part of it but the employee type of picnic or something like that that also would help some of the folks in our community would also be looking at maybe renting Roaring Springs, Many businesses do that. That would allow employees to bring their families as well. The Christmas party is pretty well limited to just singles or couples and that might be another change. Again to see if that is something that might be much more attended. There is some cost obviously associated but I was thinking that that might be a nice change and some change of pace do something different. Again, allow people with some opportunity that maybe we haven't done before and also supporting a local business. Meridian City Pre-Council Meeting June 3, 2003 Page 7 of 22 Kilchenmann: Yes I don't think that would be anymore expensive than the Christmas parties. Corrie: The Christmas parties we're so big that it's pretty expensive and we're looking at some ideas of like Mr. Nary said that would make the whole family involved such as a picnic or something not just a small group of people in the Christmas party. Those are good suggestions. Anything else Mrs. de Weerd. De Weerd: Just another thing to add to the Jump Start Program. I know the universities in the state also have internship programs. When I worked both at U of I and WSU they had summer internships particular in parks that has been widely used but in IT and in a lot of different areas. They get college credits so they do come at a reduced cost on the interim pay. If you consider that program that's something, too Will that maybe Pauline can do a little research on. McCandless: Mr. Mayor, Corrie: Mrs, McCandless. McCandless: The Legislature uses them as well. They are not paid but they get college credits. Corrie: We have that in the Police Department right now. De Weerd: That's great. Corrie: Okay anything else on Item 3? Item 4. Discussion of Computer Usage Policy by Stacy Kilchenmann: Corrie: Okay Stacy Computer Usage Policy. Kilchenmann: In front of you in the bench is the latest draft of the Computer Policy. The Engineering, Public Works added some changes after our Thursday deadline to get it into you. The pages are or the additions are basically just some other programs that they have that Terry would not be responsible for. We haven't numbered this yet but when we number it, we'll move the definitions to the front of it and make the changes. Then we made some wording changes that Will suggested. I brought Terry with me to answer your questions and to kind of explain what it's about. Corrie: Okay Terry. Paternoster: Mr. Mayor, Members of the Council the Computer Usage Policy to answer any questions I think is basically here to outline some of the different software and hardware guidelines that we're trying to implement for the city to Meridian City Pre.Council Meeting June 3, 2003 Page 8 of 22 implement a standardized security for the city and overall just try to standardize things I think for the city. The policy I guess when I originally researched it was to look at other policies that other cities were using and try to come up with certain themes that each one was using and to implement of our city overall I think this policy will help minimize security risks and liabilities that the city could potentially face. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I read the policy I think it's really good. I think it has a real good - in regard to protecting the city and usage. I guess the one thing that's I guess - and maybe it's my pet peeve. In all of these policies, I've read the Ale has a model policy that they propose and we have them at our business as well. I'm not saying I encourage our employees any of the employees to use it for any personal business and it clearly says they're not to be doing that. I guess my pet peeve has always been is that most of these have somewhat of a zero tolerance type of language to personal use. I understand that and I understand the reason for it but I also recognize there are times that there has to be some level of flexibility. The best example I always use with people is on 9/11 I don't know that everybody used the Internet only for personal business or refer from city business on that day. Those kinds of things happen, I guess I always am concerned when there's no language that gives the Department Heads the discretion to deal with those kinds of problems from a productivity standpoint that if you have an employee that has used it for a personal use for a single even versus a continuing problem whether it's what their accessing those kinds of things. I guess that would be the only thing to me that at times makes it somewhat problematic to work through as a policy. You will have employees say well so and so has used this. I saw them using the Internet to look up a recipe on their lunch hour, which is probably not as big a deal as somebody who's downloading their gambling site that they use during work hours. Those aren't the same thing yet the policy tends to treat them very similar. That's something j guess to think through and in the policy - I don't know if there's an effective way so I'm not trying to necessarily tell you how to rewrite it. I was looking at it and thinking there has got to be some level of flexibility that you have to understand. The Number 1 thing you're going to look at is not necessarily - you're going to look at the productivity and how people are using the programs and the equipment. I like your language in here especially that says essentially no matter how you use it you have no expectation of privacy. You have no expectation that anything that you use the city system for belongs to you. Again, I'm not trying to encourage people to use it outside of the policy but I also recognize the policy is only effective is that you can enforce it, make some very realistic -- and tries to deal with that. That's the one piece that I don't have a real good answer to I just know that sometimes that will end up being a problem in trying to address it from a disciplinary standpoint or a productivity standpoint or just even as a manager. Meridian City Pre-Council Meeting June 3,2003 Page 9 of 22 Kilchenmann: Mr. Mayor, Councilman Nary we tried to address that in the question and answer period because we did discuss that at length. It's like you don't write a policy that says you absolutely may not use the business telephone to make any personal calls. We do have a question that says occasionally I receive an email from a friend that is not business related and we answer the best rule of thumb is to ask yourself a couple of questions, Is it preventing me from doing my job, interfering with my work et cetera? We did try to address that because it's just - I mean it's a form of communication like the telephone or if somebody drops by your office for a few minutes, it's just not realistic to say you absolutely cannot use this computer for any personal use. Nary: Well and you're absolutely right. I mean I (inaudible) the same, You can't really control it if someone sent you a letter at work or calls you on the phone so it has to be flexible and useable. Like I said I didn't necessarily think this bad because I think most of your language is really very good. I think it provides that and when it got down to the point of when it says business purpose only I'm always afraid from a management standpoint that you're going to have employees saying I saw somebody on Martha Stewart's web page getting arrested and that's not necessarily the problem that you may have to deal with. Kilchenmann: Exactly De Weerd: Mr. Mayor. Corrie: Mrs, de Weerd. De Weerd: I guess I do have a question. What I didn't see in here is do you leave your computers on overnight. I know in the energy audit and those kinds of things what was deemed most appropriate. What is the policy on that? Paternoster: currently we do not really address a policy regarding that but I guess what my stance would be is that it's okay to leave your computer on overnight as long as you log it off for security purposes, I believe it's not wise to the city to leave your computer logged in so that you know the custodian or whoever else might come by could just hop on your computer, access confidential resources or whatever else might be there. I mean if people turn them off it's fine to turn them off. I personally turn my PC off every night before I go home but then my PC at home I never turn off. I think there's definitely a balance. I don't think there's any harm of leaving it on as long as it's logged off. De Weerd: And do people typically log off is that at least a habit made, When we went through the energy audit was it suggested that those should be turned off. Corrie: That I can't tell you. They say to turn them off. Meridian City Pre-Council Meeling June 3,2003 Page 10 of 22 Berg: Mr. Mayor, Members of the Council the class that four of us got the privilege of going to for certification as far as energy usage you use quite a bit of energy leaving them on all night. They suggested for conservation of energy to turn them off, I think that's something you need to address as far as if there's anything that maybe hurt technically within the machines. I turn mine off j turn it back on in the morning. I don't know, De Weerd: I think that's a good habit to get into. Kilchenmann: Mr. Mayor maybe that's something that should be addressed in an energy policy more than in the computer policy. Nary: Mr. Mayor. Corrie: Yes Mr, Nary. Nary: Yes even if you wanted to put in this policy I mean I think you wouldn't put anything much more than employees are encouraged to turn their machines off at the end of the day unless like Mr. Berg just said the technical. If there's some technical reason not to or they're used for other purposes. I don't think you want some rule that says you shall do it but where that's encouraged, to be done and for better efficiency it should be done or something like that. I think that's probably - Corrie: Tell them the reason why then most of them will do it. Nary: Yes I think the monitor too I think most of them will say not only just turn off the computer but turn off the monitor as well. Corrie: That I've never done. Nary: Can't say as I do it every day. Corrie: I don't every day. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Stacy you have Computer Usage Policy Department of Finance and Information Technology. That Department of Finance and Information Technology that's not what this is for this is city wide so I think it just should City of Meridian City Computer Usage Policy and left at that. Meridian City Pre-Council Meeting June 3, 2003 Page 11 of 22 Kifchenmann: Yes I understand what you're saying. That was just a heading that we have on all of the ones. We can make that more clear. Bird: Yes I wouldn't even put- Kilchenmann: It does sound like it's just for us. Bird: -- yes and it's a citywide policy and we need to make sure that that's the deal. I agree with Mr. Nary that we need to have some kind of statement in there regarding the energy deal about turning off the computers and stuff like that but it doesn't have to be - it did prove out to be and it is even though it is energy it's still part of this policy, It's got to be part of this policy. Corrie: Okay is there anything else? Stacy anything. Item 5. Information Technology Department Update: Kilchenmann: Mr. Mayor I did want Terry just to give a quick update to the Council on where we are with the web page development. I think everyone is interested in that. Just a little bit about what he's been doing and what his job is consisted of and so forth, Corrie: Okay Terry. Paternoster: I tried to just write down a couple of notes on some of the bigger projects that I've done over the past six months since I was hired by the city in addition to the day to day stuff the constantly plagues us. We have set up a network out at the Wastewater Treatment Plant so that all three of the main buildings that they actually have staff in are networked together. We've installed a server out there that allows them to share files that manages some of the computer virus definitions and security for them, One of the other things that we've done is I've reconfigured the email server for the city and on each workstation so that we're pointing to a more generic mail server so that if we were ever to abandon our current hosting company it would be a lot easier for us to quickly change and migrate. I've also changed all the passwords to all the email system so I think I'm the only one who knows anybody's password within the whole city so it's not compilation, Corrie: Do you have it written down somewhere? Paternoster: I don't it's all up in my mind. Corrie: Let me suggest you write it down somewhere in case you get killed. Meridian City Pre-Council Meeting June 3, 2003 Page 12 of 22 Paternoster: To address that Mr. Mayor it's not really necessary to write this particular password down because if something was to happen to me it can be changed on the website whether or not I'm around or not. It's easily changed, Corrie: Okay you don't have any passwords that require - Paternoster: Those are all written down for your suggestion. Corrie: Okay thank you. Paternoster: Something else I did was I tried to standardized the purchasing of hardware and software for the city to try to bring us to one location that we're purchasing systems instead of each individual department going off and acquiring systems that vary in cost. I've also added some reconciliation features to the purchase order software that's used by each department so that if they can reconcile the finances numbers so that they can say yes, I'm in agreement with finance and I understand that. Something else I've done is I've started to manage unused computer inventory within the city. That if a department disposes of a particular piece of equipment if that piece of equipment can be better used by another department we have been trying to allocate that equipment to other departments so we can maximize the use of the life of each piece. I've also started a web development committee or at least a web committee so that we can evaluate the current web site, We've already met on that and have come up with some very good suggestions and are actually contracting with a company right now to make some modifications that will improve the overall navigation of our website. It will allow each department to have a little bit more control over the content that can be put up so that it can be more useful for the citizens and public. Something else I'm working on right now is I'm trying to evaluate some different software packages that would allow me to remotely deploy security patches and fixes to each machine. Something that consumes a lot of my time when I go out to each machine I'm constantly pulling down updates to the system so that that way they're up to date with the latest security patches and software updates. I've found some free applications that will actually allow me from the server to push those patches out to each machine so that it can be managed and be of great time savings to me. I think that's pretty much it. Corrie: Council do you have any questions? De Weerd: No sounds impressive. Nary: Sounds great. Corrie: Okay thank you Terry. Paternoster: Thank you. Meridian City Pre.Council Meeting June 3, 2003 Page 13 of 22 Item 6. Discussion of Speed Limit Changes in Alley Ways from 25 to 15 mph: Corrie: Now, the discussion of speed limit changes in alley ways from 25 to 15 miles per hour. We have a citizen here. Bill you want to come up to the table too and you're up. De Weerd: Mr. Mayor before Stacy leaves we have this calendar and our budget workshops are not listed on here. Were they the 14th and 15th of July or 15th and 16th have we set those? Kilchenmann: I think it's the 15th and the 16th. I'll check the calendar for sure and email you. We usually do it on a Tuesday and a Wednesday, I'll email that to you. De Weerd: Okay thanks. Corrie: Yes Valerie. Name and address. Steinbach: Valerie Steinbach 319 East 3rd Street in Meridian, Idaho. You guys asked me to come back. Corrie: You're on. Steinbach: As Mayor Corrie knows I've been dealing with this for quite a few years. What I would like to see done is the one-way signs put back up in the alleys. Mr. Nary told me before the start of the meeting that some of the alleys are not one way in Meridian. Very early spring of 2001 j had came before the Planning and Zoning with the Highway Department and I was dealing with Ms. Stiles. I was told that all of the alleys in Old Town are one way, that all of the alleys in Old Town had signs on them, and that they were all 25 miles an hour. That's what I want. I want the alleys to have the one-way signs put back up. I pullout of my driveway, somebody pulls in, and it's a nightmare to try to get back and forth in the alleys. 25 is a joke. As far as I'm concerned 15 is a joke, j leave between on East 3rd between King and Ada, I would invite anybody here to drive down the alley next to me at 15 miles an hour. I have a fence literally that comes to the edge of the ally on my property and we have an influx of children again. I realize that other alleys it does not matter. There is very little traffic down them but I have two four-plexes behind me, a tri-plex everybody's alley. At 15 miles an hour it's crazy on my alley but whatever I'll take whatever I can get after the last three years of trying to deal with this. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. Meridian City Pre-Council Meeting June 3, 2003 Page 14 of 22 De Weerd: ACHD was going to look into this and [ think Bruce might have some answers. Have you talked with anyone at ACHD? Steinbach: Yes I dealt with Mr. Wasson for three years, I dealt with Ms. Stiles for two years. I've dealt with the place. De Weerd: I think he might have answers for you tonight or at least comments do you Bruce? Corrie: You get to come back, Steinbach: Okay thank you. Mills: Good evening Bruce Mil[s ACHD. I did talk to our traffic division people. The questions about speed limits in alleys it's not something that ACHD has tackled before. We have not posted in the alleys that our traffic engineer is aware of. He said typically the only time you might consider in something is if you do get a lot of cut through that could be a situation where you might want to consider it. He said as far as posting you know deciding city wide that you would want to go with a 15 mile an hour ordinance or something like that. You certainly could do something like that. ACHD would not be that interested in signing each alley. [f you were to do something like that we would probably prefer to suggest it in the entrances to your downtown area that a sign be posted at the major thorough fairs that would put that alley speed limit on there if you wanted to do it that way. Again, Terry Little our traffic manager is not aware of any other cites either that typically post alleys with speed limits. I'm sure that's not all as the answer anybody wants to hear but at least it's been our policy to not do that. You certainly can look at unique circumstances if you have an alley that for whatever reason perhaps this women's alley the way it's situated and site distance or whatever. [f it becomes a burden for someone to be able to get in and out of their driveway if it comes off an alley, it's something that could be done on a case-by-case basis. Corrie: So there is no speed limit as such on alleys? MiI[s: That's correct. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: There is a speed limit in the alley. What you're saying is there's not a sign posted. Mills: There's no postage. j. Meridian City Pre-Council Meeting June 3,2003 Page 15 of 22 Nary: But you're saying what was suggested by Mr. Little or ACHD was doing this entry type of sign versus speed. Like many (inaudible) 20 unless posted. That's something (inaudible) speed limit now is 15 or something like that. Mills: Rather than trying to do each individual alley. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I think also Christie was going to come back. We were talking at the time about dust abatement and where we were at in paving the different alley ways and if there was a plan for this particular one. She was going to bring back information on that. Mills: Mr. Mayor and Councilwoman de Weerd. Yes, Christie did check into that. This particular alley has no immediate plans for paving. We do have an alley paving program I can't even tell you the criteria that goes into it. Certainly, the city can provide input as to which alleys they would like to see done because we do have a program to try to eventually pave all of those alleys we're just doing a few here and there. This particular alley I believe is paved in the middle 3rd and there is gravel on each end then at present time. That was because there was a development that occurred. I guess the tri-plexes or whatever at one time and they had to pave the frontage, Corrie: Okay. De Weerd: Thank you. Corrie: Anything else from Bruce. Bird: Mr. Bird what is our Police Department- Corrie: Yes I was going to have Bill - I'm curious Bill how do you judge the speed of an alley unless you're there will a gun? Musser: Mr. Mayor, Members of the Council at this point the only thing that we rely upon for speed inside of the alleys was in the existing City Ordinance which put all the city streets including alleys at 25 miles an hour. If we had a complaint within an area, where we were sending an officer to work that's what he would do is he would be working it with a radar gun. Perhaps even doing a stop watch zone at it and we would be looking at speeds in excess of 25 miles an hour for the current enforcement on that. We do have that - that's currently in the City Ordinance under Title 7, Chapter 1, Section 6, which puts all city streets and alleys in a 25. However, through the Traffic Safety Committee it's an issue that Meridian City Pre-Council M(:l\::lting June 3, 2003 Page 16 of 22 we did address in conjunction with the school zone issue that has come up. We do have a draft ordinance. It's pretty much ready to go and at the first part, that we had was fairly simple in reference to alleys. We basically took the alleys out of Section B on the ordinance I just mentioned 7-1-6 and moved it up to be included within Park's, school property and city properties which are all 15 miles per hour pursuant the City Ordinance. Our proposal through the Traffic Safety Committee and working in conjunction with our liaison Councilman Nary and with the Chief of Police, Mike Worley was to move the alleys down to that 15-miJe per hour speed zone under City Ordinance. Then also under Section C we're expanding the School Zone Ordinance so that we can get the times of day in there along with the children are present to increase the infraction on that but it's all one ordinance. I believe Allison Tate from the Boise City Attorney's Office who is currently working for the Police Department as on of our Prosecutor's over there is supposed to be getting some of this information over to ou r City Attorney Bill Nichols for his input and review as well. We're getting down to the wire in getting this finished up and having line majority to go. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Captain Musser I appreciate that. I was wandering if maybe your Traffic Safety Committee could also maybe work in conjunction with ACHD in determining taking a look. Maybe Planning and Zoning can get you a map of where our alleys are and kind of work with ACHD to look at those that would be most appropriate to get on some kind of a paving schedule. I know they've been very good in their dust abatement commitment in paving certain things. If the city comes up with their own priorities on some of those in looking at if we have a couple of four-plexes and tri-plexes on alleys that used to just serve single-family houses that those would pretty much take a little higher priority because of the extra traffic load on them. I think your committee would be best suited to start doing that kind of recommendation and working since there is a representative from ACHD on your committee that that might be something that would be appropriate for your committee to look at. Musser: Mr. Mayor and Councilwoman de Weerd, and Members of the Council. That is something that we have been considering not so much exactly which ones to pave but our alleys that we currently have in town that get a lot of usage currently paved and where they also posted with one way signs. The ACHD representatives we have on the committee Number 1 is Mike Villnave who is I guess is assigned as our area or city engineer in conjunction with John Wasson. On of the two or both of them usually appear at the committee and John works a lot with the residential areas with ACHD. One of the big questions we had that kind of ties into this was what alleys were one way and which ones were not. There is no basic history on file with ACHD or with the city as to where those were say 20 years ago or further back. I do know from prior experience and I Meridian City Pre-Council Meeting June 3, 2003 Page 17 of 22 haven't been here for (inaudible) 20 years in the City of Meridian that predominately within the downtown core between East 3rd to West 2nd and from Broadway on up to Washington most of those alleys did have a one way block within just those center core areas. That was it and that was to help assist vehicles making deliveries to businesses and primarily for trash pickup and delivery so that they had a route that they could run on that. However over time, because I just had some of the traffic officers out there to do an inventory on signs they can only find a handful of signs that are currently still up and in place. Nary: Mr. Mayor. Corrie: Yes a lot of them are stolen. Mr, Nary. Nary: Yes, I think probably Bill along with that sort of targeting like J think Mr. Mills stated in targeting which alleys maybe that are high traffic uses or as Council Member de Weerd said you know ones that previously served single- family homes and now serve duplexes, tri-plexes or apartment complexes for signage. Obviously there's a cost associated with that but if you're going to inventory them anyway that might be another factor to evaluate for the Traffic Safety Committee of which ones priority wise maybe needs some signage to address the problem. I'm thinking the King and Ada Street area probably is one that might need some signage. The other thing is and you probably knew I was going to ask this anyway. In the Park's section, here this one about public parks I guess I would really like to still address the issue about streets adjacent to parks. We're expanding our parks system all the time especially in the north, we're doing a lot of streets right adjacent to the parks now, and they have a lot of traffic going by them. Settler's - I recognize that some of them are areas that can't really be adjusted like Tully. Some of the areas like Chateau and Bear Creek can be. Parkstone is another one that is a concern and I think it's - I think that's the name of it Parkstone that's on Ustick that eventually will have a park adjacent to the streets. I think if we're going to have a school zone I certainly still think we need to evaluate whether or not lowering that speed limit adjacent to the parks at least on the streets that are meeting adjacent to the parks. That again it's a signage issue and whether or not by ordinance we should be looking at that to again provide better safety for the people, I would like them to at least look at that as a possibility. Musser: Mr, Mayor, Councilman Nary, and Members of the Council that issues we have discussed and we looked at. Basically taking my marching orders from the Chief at this point I've been pretty much just waiting for a decision on the Council in majority as to how they wanted to go and how they wanted to look at it because if you tell us what you want we'll put it together for you. Nary: And I don't know what the rest of the Council Members think but I have a real concern when most of the streets that are adjacent to some of our like neighborhood types of parks are still 25. Especially when you have parked cars Meridian City Pre-Council Meeting June 3, 2003 Page 18 of 22 on both sides of the street I'm always concerned about kids crossing, people crossing to get to these neighborhood parks. Like I said, I recognize that something - an area like Tully that's not really very practical to try to lower the speed to 15 miles an hour on Linder Road for essentially about a three or two block portion. I think certainly at Bear Creek and Chateau that certainly - ***End Of Side One*** Nary: -- also Cedar Springs will have a street adjacent to Settler's Park that will have some parking I think on one side of the street. Again, I think it's one of those areas that at least to me should be looked at as again raising the fines, lowering the speeds, and then providing some safety for the people trying to get to the park. We really are encouraging people not just to park right immediately adjacent or in the parking lot but sometimes they're parking on the neighborhood streets and then getting - or encouraging neighbors to walk to the park. Again, I'm just concerned about the high rate of speed of people going by it. I don't know what the rest of the Council thinks I certainly would like to look at that and look at what the impact that would be on at least the neighborhood types of parks. Again it's not real practical with Storey Park I recognize that it's not real practical but it probably will be the Kiwanis Park as well. I think that's in the middle of the neighborhood. We'll have a lot of parks that are going to have streets that are immediately adjacent that are part of the neighborhood that probably would be more appropriate for a park zone type of speed 15 miles an hour, higher fines like the school zone same kind of idea. Musser: I would concur with you on it Councilman Nary however one of the problems we have is unless we're there sometimes enforcement doesn't take place. One of the other issues we've addressed within the Traffic Safety Committee is how can we present engineering alternatives that would help slow traffic. Either in use of round abouts, speed humps, off set street alignment any of those types of things as long as we don't come into conflict with the Fire Department and EMS as well who have to take large rigs over those say speed humps or around islands or anything else like that in the roadway. Those are concerns that we have been looking at. Also in reference to Chateau up near the park off of Chateau and Todd Way one the things that John Wasson and Mike Villnave is they do have some temporary speed humps. They were going to try those for a short period of time. I don't know what their target period is on that but they mentioned they wanted to install those just on a temporary basis to see what type of an impact it would have on some of the traffic in that area that I know we are having problems with. Corrie: Any other questions? Bird: I have none. De Weerd: Mr. Mayor. Meridian City Pre-Council Meeting June 3, 2003 Page 19 of 22 Corrie: Mrs. de Weerd. De Weerd: I guess just a question on the Traffic Safety Committee are you full? Do you have all of your members? I know Elaine the bus driver Escondido or Escanado I cannot remember her last name. She had an interest on serving on there. Do you have vacancies or are you at full membership now. Musser: Mr. Mayor, Councilwoman de Weerd, and Members of the Council the Traffic Safety Committee and its entirety is probably something that needs to be readdressed. The ordinance appears to be a wee bit outdated and not all of our members are present at this point. We do have some very part time on and off again participants. One in particular the school district is there with us when they can be and then other times they are not. We've had real good representation with ACHD as of late. However, some of our at large memberships aren't currently filled at this point. One active member that we have she seems to attend quite often but she's coming down to the tail end of her appointment period of this point too. It may be something that we need to sit down and look at as a city and as the Council and Mayor as the governing body as to whether or not we need to reevaluate the ordinance to put a little bit more structure into the Traffic Safety Committee at this point. De Weerd: Well I know Elaine is at large and she's the one that did bring the school safety issue in front of your group and Council. She is a bus driver she's out on the road at all times so I think she would be a great asset as an at large member. Musser: Councilwoman de Weerd do I understand you say she's already an at large member of the committee. De Weerd: No, she would be a great at large member. Musser: I would agree with you on that I was just a little bit confused because I hadn't received anything of any new members at this point. Certainly, she could probably submit a letter of interest into the Mayor's Office for review and recommendation on that. De Weerd: Did she? Corrie: No, We will look into the ordinance as well. Powell: Mr. Mayor, and Members of the Council I did want to mention that ACHD is looking at revising their standards and their policy manual regarding alleys. They are looking for input from the city. It seems like there were some fairly strong opinions up there. I don't know if you want to email them to me or if you want me to set up another Pre-Council Meeting to maybe talk about it or either of Meridian City Pre-Council Meeting June 3, 2003 Page 20 of 22 those neither of those. Do you think you've expressed most of your concerns regarding alleys at this point? Corrie: Any other concerns at this point. Put them in writing and we'll get it to them. De Weerd: Do you feel comfortable with the conversation you've heard or do you need us to further elaborate, I think we've said everything. Powell: There are just a lot of other issues like whether you can have two alleys that T into one another. Whether they all have to be one way, the width, and the amount of paving. There might be a possibility to require like a duplex or a four- plex wanted to go in that they have to pave that alley and bring that up to standard. I obviously need to talk with Bill on if that would be possible to do, Mr. Nichols excuse me. Those are - I can just pursue it on my own. It just seemed like you had some fairly strong feelings about alleys that I wasn't aware of so I wanted to touch base. Nary: I think we said them. De Weerd: I think we set them. Corrie: Well if we want to have a Pre-Council we can do that too if the Council would like to have some more input. De Weerd: And J think our resident who lives on an alley might prove as a great resource for you as well. Item 7. Discussion of Center Turn Lane Ordinance: Corrie: Okay anything else Valerie? I'm going to go ahead, ask Bill to give us that Turn Lane Ordinance even though it's 7:00, and get that out of the way. Musser: Mr. Mayor, Members of the Council I've received a draft that's been forwarded over and I believe a copy was routed to our Attorney Bill Nichol for review. What we're proposing is an ordinance for a center turn lane restriction, This would be under 7-1-10 of the Meridian City Ordinance. Basically, the bottom line is that for center turn lanes in which traffic can enter from either side of the roadway or direction of travel such as we have down here on Main Street that we're restricting vehicle usage of that lane to no more than 100 feet. A prime example of what we run into on that is sometimes in the morning or even in the afternoons with the traffic, that we have it will get backed up to the traffic lights. People will enter into that center turn lane from as far as a block a way. Say if they're stopped at Pine they'll start in down here on say for instance south of Idaho and they'll drive the whole length up to Pine in order to make a left hand turn, That can create problems for people that are properly waiting to be able Meridian City Pre-Council Meeting June 3, 2003 Page 21 of 22 into those left turn areas or for somebody that may be coming out of the alley near the Nazarene Church area. If they're turning into that left turn lane area and suddenly we have a collision, which we have taken a number of reports on. That's why we're proposing the ordinance and I believe as soon as it clears from our City Attorney that it will be moving onto the Council is my understanding for their consideration. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Far be it for me to not step on toes but with this particular one we hadn't discussed a particular protocol when we switched our process a year ago to having a Police Attorney and a City Attorney. I was the one that forwarded this to the City Clerk and I don't recall I don't think I forwarded it to you Bill if someone else did. Yes someone else did. It makes no difference to me how the process works I don't have any ownership in it so I was part of the problem here. I wasn't trying to be a problem of this particular issue. I think you know as long as - whatever the protocol we want 0 have because we have police - being the police liaison we have some police issues that are drafted by the Police Attorney. If the you and the Council wants we can send them all to Mr. Nichols first and then have this kind of discussion that's fine I don't care. I wasn't trying to step on anyone's toes on this particular one at all. Corrie: I don't think you were but I think we can have it - something like this the Police Attorney can write it up and then the final could go the City Attorney and to the Council that way we keep it in proper order. Nary: Sure and I think there's some collaboration in the (inaudible) Parks Ordinance where there are going to be some police issues and there will be some that are not police issues. There will be some collaboration there but again this wasn't what I was trying to really make any (inaudible) over, I'll let you know when I am. Corrie: I think Bill this is necessary. I almost got clipped today turning into the gas station, A car was coming up in that middle lane and as I was starting to turn, he went by me and we could have had a real good one right there. Bill you're okay with this choice. Nichols: Yes Mr. Mayor and Members of the Council. I appreciate the clarification on the process because I think I may have deleted the email that had the attachment of the ordinance. After I look at it and comment back on the ordinance so we'll make sure we get it into the typical form with the summary and the rest of it we'll be pleased to do that then get it in front of you. Meridian City Pre-Council Meeting June 3,2003 Page 22 of 22 Corrie: Okay anything else. Okay I will since that was the last one entertain a motion to close the Pre-Council Meeting. De Weerd: So moved. McCandless: Second. Corrie: Okay motion made and second to close the Pre-Council Meeting. Any further discussion. All those in favor say aye. Opposed no. Ayes have it. The Pre-Council Meeting is hereby closed. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 7:07 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: f2~ ROBERT D. RRIE, MAYOR 13 /24/03 DATE \\IIIIIIII/I1/t_ \\\1 M 'II; \\\\_1 Of EfT!:^' III" ,..',,~",\ V4. .~. ;- () o?>.'?OR/j 7; "ll '\ ~ ~c; ""0 ::. ~ ~ SEAL ~'toSTED. ~;6~*. ~ "Y&r. Ai?! WILLIAM G. BERG, J ., C TY CLERK .... "Vu' ,/ () ... ~ "Y'...... 'Sr 1 '3\' /. ",;:' $ "'/ 'VA ~ .....~.~"':o..... ,..... 'i..... '"1 ~(~}') ....' 1'1/ COU" '-c-' , \;.. \\,... II/II I", . '\\\,'. Ilil/un nil\\\ May 30, 2003 Pre-Council Meeting MERIDIAN CITY COUNCIL MEETING June 3, 2003 APPLICANT ITEM NO. 3 REQUEST Tabled from May 27,2003: Discussion of Budget Item Policies: 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. May 30, 2003 Pre-Council Meeting MERIDIAN CITY COUNCIL MEETING June 3, 2003 APPLICANT ITEM NO, 4 REQU EST Discussion of Computer Usage Policy by Stacy Kilchenmann: 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: See Attached Computer Usage Policy -- DRAFT Contacted: Date: COMMENTS Phone: Materials presented at publlc meetings shall become property of the City of Meridian. CITY OF MERIDIAN RECEIVED JUN - 3 2003 Computer Usage Policy City of Meridian City Clerk Office DEP ARTMENT OF FINANCE AND INFORMATION TECHNOLOGY Adopted Resolution # Synopsis ,'. ',_'_',";.'_",::;; i',-~::'~:,~,., ':!~"',~'/, Computer Systems are provided to City employees with tl]f{i/flrpose ofJfij}prpving the employee's ability to do their job. Computer Systems owned by thf!,2.GifY:gre' intendeCl!@f;,pty business only. Computer Systems are to be maintained by aut~ftfized personnel onli'i;!'~~.~~h includes the installatio~ of software and hardwar~, ServersA~'~&'%!o ~e n:~!~t~ined ex~/us(~~t?ffm:.bY IT staff. Inappropnate use of computer eqUfpment may re.' In d/~~{pllnary act/on. 'lJ!,sers of these systems should avoid any actMty using the compute" .......,~t,€fB;rs~l.ffi'at could result'in a breech of security, compromise the financial position or create iliYc'o'''''ingent liability against the City of Meridian. Objective: It is the objective of the City of Meridian's ..... s,plicy to protect the integrity and quality of. our Infor~atio.~!~sr''''''''' s. Compute. $r~tems 0 :'17 . and operated w~~n the City are made aVailable to Clt Staff"",,; love efficIe~s:y, effectiveness and productIVIty, In order to maximize the stabi~i ". . d long~'ity of our c~!t,l~~ter systems we believe it necessary to implement guidelines for pro 'Hate use of the ~itY of Meridian computer systems. ",i7" ,~-;'~' re intended for City Business, users of City owned " have 9:,' expectation of privacy or confidentiality in any activity ty computers uipment, networks, e-mail or internet. This includes but is not limite activities.) occur during business hours, non-business hours, on nights, {';f;;,~; weekends an . r holid'~ys. B. The Ci .-11 periodically run inventory software that determines what software is installed, that 'appropriate licenses have been purchased, and the configuration of the hardware. This information is to ensure that the City has no license liability, and that software and hardware configurations are best matched to a particular users needs, This process may reveal installation of software that is not in compliance with City policy. 2. Software/Hardware A. All hardware and software, except those systems specifically excluded in this policy, shall be installed by Information Teclmology staff or by an authorized department representative. 1. The following computer systems are outside the scope of this policy and are not the responsibility of City Information Teclmology Staff. Departments who use these systems are responsible for working with contractors to insure proper maintenance, back-up and oversight. B. a. SCADA b. MAXICOM c. SPILLMAN you believe that your workstation setup!' Information Teclmology staff for assistance. C. Department Managers or computer software for all indivi inventory software to maintain a cu eir assigned agen all keep a record of authorized ,:~hin their dep~~~1Jr The City will utilize rg"U software"ii1~!arled on City computers. {~7 3. Server Maintenance authorized"g install, monitor and configure servers owned 'eridian, Non~!!!igJmation Teclmology employees should not servers witho,gvflinrst obtaining authorization, or receiving rom the' '''ijtcii!i%" ,'iq"j;"f20;B~l~gy. ~epartment. Servers are the cornerstones of are res:g;~f!~lble for maIntammg our databases, data files, passwords and en the Im.BO ance of these machines it is necessary to restrict access. employee f the City of Meridian are responsible for maintammg good ces overpCity computer systems, information systems and data. " B. Employ~~s are responsible for safeguarding their passwords. Passwords should not be stored onlin~; or given to any employee other than your supervisor or IT persOlmel, C. Users of City computers are not to access or utilize another employee's password, D. Users are not to modify, copy or delete files belonging to another user without first obtaining permission from the owner ofthe file, E. Users are not to attempt to gain access to computer resources they are not authorized to access. This includes the attempt to try and circumvent current security controls, I. In accordance with this objective, individual employees will not have Administrative privileges on their local computer or the City network. This policy is necessary to reduce the potential of viruses and non-business related software. 5. Back-Ups ;_::_:.'i:.",~-::.~;,> A. Each department location within the City of Meridi~g;;is to perform daily back-ups of server data. Completed back-ups are not to be store, n~it~cc;tQ,reduce the potential loss of critical data due to Terrorism, Acts of God or oth,el' <,tural 'al~~~~rs. It is recommended that the employee responsible for changing theAQAgl.<,-iip tapes t8.l<:~~:hhome the previous day's back-up tape. Monthly back-up tapes.ztfi"'be"sent to the I~fcr'i;':" ation Technology Department for long term storage. hmdfather/F atner/Son rotation es, The tluee sets will consist of e (12) monthly tapes. 2. consist of a;c;,pnday, Tuesday Wednesday and Thursday tape, The weekly; tape ;." . consist/of a Week 1, Week 2, Week 3, and Week 4t~Q~:The Monthly'\t~p~,!$Et WI', tape for each month of the year. However,":4~p:6ijQ~ll'g,on your 10d~!ib~S back-u needs you can use a minimum of a six (6) !?J;\~"mont1i:iy~~~t. If you uS~;cCl six tape monthly set, rather than having a tape for ea8'. nth of)jij;the year, yo ,:w:IV have a January/July, February/August, March/September 'e,' ,'1LOctober, Ma/'N'ovember and a June/December tape, .fi,:;;'fT~~ti<:>F:-~~,>- , . back-up the server not individual workstations. If a user decides les on the server, they are responsible for backing up their local 6. Remote Control A. Users are not to remotely control another user's computer or allow anyone to remotely control their computer system. The remote control of another computer within the City of Meridian requires authorization from the Department Head and Information Technology personnel. 7. Inventory A. Each Department Manager is responsible for maintaining an accurate computer inventory within their department. When Information Technology staff remove or add computer equipment from a department, notice will be sent by IT staff making the Department and Finance aware of this transfer. Tagging of new equipment is the responsibility of each department. B. The Information Technology staff will conduct periodic audits of inventory records maintained by each department to insure there accuracy. 8. Purchasing A. In accordance with City purchasing policy, aU omnMts;r software and hardware acquisitions will be coordinated through the Informa l~n TecwBlogy Department of the City of Meridian. By coordinating the purchasin '~f~ardware ftware, the City can increase their buying power while maintainin onslsfency between., systems used throughout the City of Meridian. ." " .-.,..........'.'.-,... 9. Internet and E-Mail Activity (Reference HR SOP'6;~~'~,~W6:2:4) A. Use of City Internet and internet access to authorized emplo. <:iil is for busines' " ,H!!Boses only, The City may restrict determined by)l~v: de artment. B. Employees will not be held re gpn 42,.. solicit!;: .e-mail received that contains inappropriate materi~!':,!;;Ihe employeeil~,~~,MJa?Yimme '..l~:y~ly delete the e-mail received and under no circumstatic'ejf'l1ould the emplo,/.vN' orward tgtfe-mail to anyone. C. Dial-:llP IlJ,.~wet accQ,." ts are to be u~~,c:j,ior City business only. Employees are not to use City owned.?1af'" - . N'if net accounts rd'i'Jhome or personal use. ~;; '. access are the City IS 1. q~ computers, including internet access, shall not be used to distribute, display,'"" view or store advertisements, solicitations, malicious code, political material, pornography, or any other unauthorized materials. 2. Computers owned by the City of Meridian shall not be used to distribute, display or store (bye-mail, instant messaging or use other electronic communication such as bulletin boards, chat rooms) material that is fraudulent, harassing, embarrassing, sexually explicit, profane, obscene, intimidating, defamatory or otherwise inappropriate or illegal. 3. Unless expressly authorized to do so, employees are prohibited from sending, transmitting, or otherwise distributing proprietary information, data or other confidential information belonging to the City of Meridian. 4, Users are not to use City Computers or internet connections to play or download games, view or download entertainment materials (including pornography), visit sporting sites, look for Jobs/Employrnent, or to visit gambling sites. A. An employee's authorization to use the cOIR./ contingent on their continued compliance with this poli~X' "'0' within the city IS 11. Violations B. An employee who violates this policy ~... be subject to form isciplinary action up to and including termination from City ~.rrf~[oyment;t" In addition, em .'.):;t;:~$ who have _~\:,~'::,-';c1-~" :::'_~n. ~~" ,.~,/~;r-;,_;<.l~;'~~:~;;' violated this policy may have their comput-er"il.'c:ce sus ".. ded or permanei'\tlyirevoked. ", C. Officers, employees, agents or representatl the City of Meridian who create any liability on behalf of the City due to inappro '....J~use of the network, e-mail, or '" "..,.~'_c.,~-m:-_<:.:r." internet shall agree to indemnify. the City harml~~~~1,.9.~~Mld it be necessary for the City to defend itself against such acti e in by the'U~~;r;F" A. CommY!1t~ation 'IU,g,ge through . -mail or any other form of electronic communicati6if\j~~~!. in no ;~~y~y be deemed tt~;~pnstitute legal notice to the City or any of its departments, oIfjB~!~" e.m.BJ;~X;<1.~s, agents,Jpt representatives with respect to any existing or potentiaL aim or'c~lfse;iof;actip'" ,', a-i) e;;> 12. Notice to the Public .The City o "",,,/idi s limiting external links placed on our website to the "" kinds of ent'l~~s and organizations: MEN; B. Th "',,gte ofAh<:1'aho, the Federal Government or any other governmental agency serving the r(;~Iti'e tsY5f the Treasure Valley or other organizations related to the function of a department. C. Educational institutions serving the residents of the City of Meridian. D, Public utilities that serve the City of Meridian (e.g., trash collection, Gas Company, Power Company, etc.) E. The City's Web site does not provide direct links to external sites that are commercial or political in nature. The City's Web site is not intended to function as a public forum. The provision of these links should not be construed as an endorsement or sponsorship of these external Web sites, their content or their hosts. 14. Policy Updates A. The City of Meridian reserves the right to add, delete and modify any and all parts of this policy. DEFINITIONS Administrator Privileges - In Windows 2000 & Windows XP administrator privileges is the authorization to install software, configure networking, defragment hard-drives and set-up printers. (Users who do not have administrative privileges are authorized to configure their desktop, screensavers, background, create new files and e-mails, use compression software (WinZip, PKZip) and set-up your favorites on the internet. In no way is this list of authorized uses meant to be comprehensive.) ":';;':i <- ~~ Authorized Department Representative - An individual who wor~~'~;itli~rin your department or physical location who has been authorized by Information TechnQJ.9gyand your Department Head to install software, printers and to provide first level cOI11]1yfer~;(~gpport, This individual is appointed by the department head and is responsible for cotrip!~ing wit' "U City Policies relating to the installation or hardware and software.';\j. Network Configuration - The settings specific to access network servers, printers, shared file directon achine to Remote Control - Remote Control in the context of this P9,JQY means to take control or another person's computer through the use of eithe, VPN (Virtual PFi~~!~. Network) software. Examples of VPN software are Microsoft Termina ce Citrix Meidf~~~,):PC Anywhere or Remote Admin, Remote Control includes software 1 through the:i~te~et and Dial-Up software, Server - A computer that r~~ides service .~2 as so ;~iiie applications, files, printers or networking services to ,,<?,!ne !.2,w;puters. Typi~~l1y a maC!flne running Windows NT Server, Windows 2000 Server :jM7indows:~tr.3 Server or EBinux. ,one or mon~D;; AN links over a shared public network, ;'om a Network Service Provider (NSP) that over leased lines. e. "':'&at you use to access your e-mail, create documents and Q. ' a copy of a demo software package and when I put the CD in the pops up with a dialog box asking me for a password to install the soft are. When I put in my password it doesn't like it and tells me that I do not have sufficient privileges to install this program, what should I do? A. In order to install software, you must have Administrator Privileges. Since individual users are not given administrator privileges you will need to contact the Information Technology department or your Authorized Department Representative who will help you install the software. Q. After reading this policy I am really confused about what I am authorized to change on my computer. I do not want to do anything that violates City Policy, but I do not like the colors of my computers background and would like to add my family picture to my desktop, is this ok? A. The policy does not preclude you from changing the background, adding your family photo or even listening to a cd from your computer. Q. Occasionally I receive an e-mail from a friend that i cinot business related is this ok? A. The best rule of thumb in this situation is t9:, yqFr.~elf a couple of questions, by receiving this e-mail is it preventin~rri,e:,from doWg my job or interfering with my work, does it violate any ofJIXe)Qther policiesrQf.the city, could it be construed as harassing or obscene:<:.Th~ g6al of the e-rri~mpolicy is common sense. It is important to note th' ,-mails recfeived on citycQ~n~!erS become the property of the city and fal un he ublf ..information rule's'ofthe state. .. Q. How do I get computer help? A. This is the order tha d be fol1owe~pea1< with your Authorized Department Representati\i'~ artment Hea~V;,t'5Ymake them aware of the problem. Next flU 0 fcNill on the web at http://www,meridiancity.org~~t ". '.."tf should be contacted within 24 hours ip.~<;fi~~~~g:~1Pat your re4~'~t has bee '.' eceived and will be scheduled. Do ~. '" -"':"':''''''''. ti.., not 4q~~1 the IrifQffil,ation Techrlglogy department, only department heads or the m,rtlib'iized dep '4.<v,1'ent represeni~t"vshould call to request support. e-'of my coworkers was on my workstation. I do . was doing, but am concerned that they might this policy and I am going to be uperVisor immediately and make them aware ofthe situation. ,avoid.,ws problem it is important that when you are not at your workstation (pc. atj!;you logoff of the computer or lock the computer. To logoff of the pc, go e start button and select logoff. If your machine's operating system is WinQows 2000 or Windows XP, you can press CTL + ALT + DEL and then press enter and it will lock your computer. This will prevent another user from accessing your pc while you are away, unless they know your password. If you are running Window 95, 98 or ME you must logoff of your machine. Q. Why do this policy and the HR SOP policy's say that you can monitor our computer activities? Do you monitor everything we do? A. The City of Meridian has limited resources to provide services to the citizens of our city. We have a fiduciary responsibility to maximize these resources, which includes getting the most out of the equipment we currently own. Typically the fewer programs that are installed and running on your computer the more reliably your computer will run. Currently the city does not monitor the activities of each individual user. We own and use software that inventories each machine's hardware and software and meters the use of the software programs on,.;;s~e,h workstaion, but this software does not tell us what you were using th:,i,~.9ff\.vare to do. So if you are using Microsoft Word, we do not know if you .~gt~?,using it to write a letter to a .~~~.'/ ~c.-;<,,~ .-oN:>:, customer or to your mom, It only lets UScO\~/'tII~li>You had Microsoft Word '{,"-~' ~;";it~ ~ :.1, open. It is not currently the practice o(tll ity of~,[ ridian to secretly track your computer activities. Q. What does the policy mean wh~lJ>jt says, .~,:Users are not' {o~';;"'."__'_:<'_""Oo "'"!">. access to computer resources tI1'~Y~~~J11rot a v . orized to acces the attempt to try and circumvent curr"g"'c. "seci.ltlty controls," pt to gain is includes A. Due to the nature of GPiIlPuters, it is imp $$ibJe to secure a computer system against every possible\j~~',. ~~s. Microsoft,\,~hq otPer software vendors are constantly releasing pate ,,~sJg,f:i2C~s to resolve.tHg'latest security hole. It is the practice of the city t6,Hmplefii.~~t:,sesurity c6ntrols to prevent users from accessing unauthorized res6W"~~~;:~ndt6';S~9ilie our networks from individuals outsid g' "'ity of Meridi v"~,:: , you are not to try and find en it says authorization is "per incident"? ,er incide eans your authorization to modify, add, delete or configure any "L/,~m s~.t!mgs that are identified in this policy are limited to that single iri~i':~~!!t~iU;7Authorization does not continue in perpetuity, in other words it expi~~~':once the original task is complete, -,.-~i' <Jl For example, employee A is beginning employment for your department today. You meant to send a request to have this new employee set-up, but you got busy and did not send notice to the IT Department to have this employee added. Unfortunately due to scheduling conflicts, the IT Department can not get to this task for two days, which is too long to wait. The IT Department instructs you on the steps to setup employee A with a user account. Next week employee B is starting work and you figure that instead of asking the IT Department to come 0 ver and setup this user t hat you w ill add the new employee yourself. You figure that you remember the steps that were given when you added employee A, so why not save the IT Department the trip and add employee B yourself. In this situation it would be a violation of this policy, because your authorization was to add employee A not employee B. ( May 23,2003 Pre-Council Meeting MERIDIAN CITY COUNCIL MEETING APPLICANT Finance Department May 27, 2003 ITEM NO, 8 REQUEST Discussion of Computer Usage Policy by Stacy Kilchenmann AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETILERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~:G) .r p () yJ-- V; V { ft~ ( S yL if(? U'" vi'v' 1.1 ?2 JJa:r J J 1V r ~ fiJA!' ~ . 1ft- gtt v Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. May 30, 2003 MERIDIAN CITY COUNCil MEETING June 3,2003 APPLICANT REQUEST Information Technology Department Update: Pre-Council Meeting ITEM NO. 5 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 MERJDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERI DIAN POST OFFICE: OTHER: Contacted: COMMENTS Date: Phone: Malerials presented at public meetings shall become property of the City of Meridian. May 30. 2003 Pre-Council Meeting MERIDIAN CITY COUNCIL MEETING June 3,2003 APPLICANT ITEM NO. 6 REQUEST Discussion of Speed Limit Changes In Alley Ways from 25 to 15 mph: 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 HtGHW A Y 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 publfc meetings shall become property of the City of Meridian. May 30, 2003 MERIDIAN CITY COUNCIL MEETING June 3, 2003 APPLICANT REQUEST Discussion of Center Tum Lane Ordinance: Pre-Council Meeting ITEM NO. 7 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 Ordinance Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( ORDINANCE NO. BY THE COUNCIL: BIRD, DE WEERD, MCCAN DLESS, NARY AN ORDINANCE ENACTING A NEW TITLE 7, CHAPTER 1, SECTION 10, MERIDIAN CITY CODE DEFINING THE USE OF A CENTER TURN LANE AND MAKING IT UNLAWFUL TO USE THE CENTER TURN LANE FOR PASSING OR TRAVELLING MORE THAN ONE HUNDRED FEET; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1: That Title 7, Chapter 1, Section 10, Meridian City Code is hereby enacted to read as follows: 7-1-10 CENTER TURN LANES Upon a roadway where traffic is permitted to move in both directions, whenever the center lane of such roadway is bounded by solid lines, vehicles shall travel upon said center lane only for the purposes of turning to the left or entering a designated traffic lane after completion of a left turn. Vehicles shall not use said center lane as a passing lane, nor shall any vehicle travel in said center lane for a distance of more than one hundred (100) feet prior to turning left or following completion of a left turn. Section 2: This Ordinance shall be in full force and effect upon passage PASSED by the Council of the City of Meridian, Idaho, this ,2003. day of APPROVED by the Mayor of the City of Meridian, this day of 2003. APPROVED: MAYOR ATTEST: CITY CLERK