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HomeMy WebLinkAbout2003-05-27 June 20, 2003 MERIDIAN CITY COUNCIL MEETING June 24, 2003 APPLICANT ITEM NO. REQUEST Approve minutes of May 27,2003 Pre-Council Meeting: ~'-G AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FI RE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS ~vU Date: Phone: Materials presented at public meetings sholl become property of the City of Meridian. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, May 27,2003 at 5:45 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 3. Executive Session per Idaho Code 967-2345(1)(b): No decision (15 minutes*) 4. Discussion with Eric Davis (Retail West) regarding Earth Tech / Ten Mile Interchange Budget: Presented (20 minutes*) 5. Assessment Briefing by Ada County Assessor Bob McQuade: Presented (10 minutes*) 6. Discussion of SAGE -- Follow Up: Presented (5 minutes*) 7. Blakeslee & Associates - Follow Up: Presented - move forward (5 minutes*) 8. Discussion of Computer Usage Policy by Stacy Kilchenmann: Review Policy - discuss next week (5 minutes*) 9. Discussion of Finance Report with Finance Department: Presented approve transfer $100,000 from Boise River Repair/Creek Crossing Project to 5 Mile Project (5 minutes*) 10. Discussion of Budget Items Policies: Table to June 3, 2003 Pre- Council (5 minutes*) Meridian City Council Pre-Council Agenda - May 27, 2003 Page I 01'2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documel1lS andlor hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. *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 - May 27, 2003 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents andlor hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, Meridian City Pre-Council MeetinQ Mav 27,2003 The Pre-Council Meeting of the Meridian City Council was called to order at 5:45 P.M. on Tuesday, May 27, 2003, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Bill Nary, and Cherie McCandless. Others Present: Bill Nichols, Doug Strong, Anna Powell, Kenny Bowers, Brad Watson, Stacy Kilchenmann, and Will Berg. Item 1. Roll call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: I would like to call the meeting to order on Tuesday, May 27, 2003 at 5:45 and ask the Clerk for a roll attendance please. Item 2. Adoption of the Agenda: Corrie: The second item is the adoption of the agenda. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move we adopt the agenda as published. Nary: Second. Corrie: Okay motion made and second all in favor say aye. MOTION CARRIED: ALL AYES Item 3. Executive Session per Idaho Code 967-2345(1)(b): Corrie: Okay Item Number 3 is the Executive Session. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move we go into Executive Session as per Idaho Code 67 -2345( 1 )(b). Nary: Second. Meridian City Pre-Council Meeting May 27, 2003 Page 2 of 26 Corrie: Okay motion made and seconded roll call vote Mr. Berg. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. Corrie: All ayes go into Executive Session and be back in 15 minutes how about that David. We may even do better than that. MOTION CARRIED: ALL AYES (Enter into Executive Session) Corrie: I'll entertain a motion to come out of Executive Session. De Weerd: So moved. Bird: Second. Corrie: Motion made and second to come out of Executive Session all those in favor say aye. Let the record show that there was no major decisions made in the Executive Session. MOTION CARRIED: ALL AYES Item 4. Discussion with Eric Davis (Retail West) regarding Earth Tech I Ten Mile Interchange Budget: Corrie: Okay Number 4 is the discussion with Eric Davis Retail West regarding Earth Tech Ten Mile Interchange Budget. Eric, Mr. Davis welcome. Davis: Thank you thank you everybody. We've come a long way, I originally set this meeting to talk about Earth Tech's contract, and there were some minor differences in the budget versus the payments. That's a minor issue compared to what we've brought forth tonight we can adjust that later and we're paying the bills anyway. The bigger issue is to bring you up to speed with where we've come. The concept report is now 99.9 percent complete. The final version has been submitted to ITD based on all their input. Dan Thomson with Earth Tech is here tonight if you have any questions about any details in there. You've been given that report I think. Page 21 of that report you don't need to go into it but identifies what we've set in on what we think is the target budget of 16.4 million for a what they have called the modified loop. Anything can change as we get into environmentals and site-specific things but that's kind of what everybody's recommending we go toward. It's a phased interchange but we're starting day one with full right of way and everything we need for a full 25-year projection. In the meantime, we've been out with all the property owners a number of times on a fundraising mission and I've learned a lot there. We've been in every place you can imagine. We've also been down to Las Vegas again for the second run with Meridian City Pre-Council Meeting May 27, 2003 Page 3 of 26 the - at ICSC conference. Mike Ballantyne and I were down there last time and if you have any questions on marketing, he can talk about that a little bit. The primary feature of the evening is that we wanted to show the city what the economic consequences of the Ten Mile Interchange are likely to be. To put it in focus, you know we started I think I came to you before we had to come up with demographic projections and growth projections that were credible for ITO and Federal Highway. COMPASS was didn't want to do it they were at the end of their capabilities so we went out and hire John Church to do some economic forecasting. Those projections became the basis upon which the rest of the report was written. The traffic report followed what John set out with regard to job growth, square footage of retails and numbers of residential units and offices what not. Rather than doing a Site Plan, a hypothetical Site Plan with a lot of make believe buildings and things from a crystal ball we focused rather right on what we do know the most credible information we had which are those projections which have been reviewed and approved by everybody that we had to present to. Then we asked him to take into consideration the fact that this area will be annexed by Meridian. We took today's levy rates and we asked John to show - be able to tell you what is the impact with or without the interchange. We said take - we want to start construction of this thing in fall of 2004, which is ITO's fiscal year 2005. If we were successful with this, it would be open late 2005. If we are not successful and nature takes its course ITO has told us, it probably won't happen until 2015 so there's a 10-year difference between what happens in - and John has put that into perspective for you and he's got some handouts. I realized we're running out of time. Church: Mr. Mayor I have handouts for him. I guess I'll just start and some of them just kind of work their way down. The first three pages are really reviewing materials that were in the previous analysis of how many households, businesses in terms of square footage of space that would be developed in the Ten Mile Road impact area which is essentially 10 TAZ's that we looked at. Boiling that down there would be essentially 3,818 residential single-family homes. This is net this is net after we've already subtracted off what is already focused on being some development without the Ten Mile Interchange. There would be some single-family homes that would occur without this interchange subtracted those off because they are essentially in the area that would be developed into commercial. 3,818 single-family homes, 144 multi-family as it stands right now there is very little in that area that is zoned high density residential. A very small portion of that whole area is zoned high density residential. Doing an analysis on those homes and average new home values in the City of Meridian over the last eight years what has occurred and taking that and projecting it out average, medium so and so forth getting good distribution of home values. Then assessing the levy rate that would occur with these homes over the next 25 or 20 years from 2005 to 2025 would generate 83.3 million dollars of property taxes. That's net to the whole county. The present value of that is essentially 28.5 million dollars of which 5.3 would accrue to the City of Meridian out of that difference most of that coming from single-family residential. It's not all assumed to be high end residential this is just barely above average Meridian City Pre-Council Meeting May 27, 2003 Page 4 of 26 for the county so it's not terribly high priced. We forecasted that 2,750,000 square feet of additional retail office and industrial space would be developed in that impact area of the 10 TAZ's. Using some factors to look at that we found that those retail office industrial spaces would add another 63.2 million dollars of property taxes to the tax base present value of 26.3 million dollars for that aspect of it. There's governmental space that's also (inaudible) that wasn't considered I assumed all of their middle space would not pay any property taxes. You never can tell things might happen. (Inaudible) wouldn't pay any property taxes but delaying this project and here's the key part - delaying this project and taking those values and moving them out 10 years and letting them escalate in value because house buys do go up over time. They've gone up in Ada County an average of three percent per year over the last 13 years five points low points but a nice smooth average of three percent. Moving that development out 10 years costs essentially six million dollars for the commercial and almost eight million dollars for the residential. You can see this detailed analysis at least on Page 6, which is the commercial side of things. I'm sorry nine million dollars difference present value difference 9.8 million dollars. Out of that, original 32 million present value 6.6 million accrue to the City of Meridian, 13.2 to the Meridian School District, and 3.6 to Meridian Fire District. Residential makes a difference of 8.8 million dollars so between 8.8 and 9.8 we're almost talking 20 million dollars in present value differences of pushing this out 10 years into the future. Tax revenues that would accrue but would be coming there at a later date. The problem also you might want to look at here is there's no guarantee that just letting this slide 10 years means that this will accrue to any of these taxing agencies 10 years later. It may be that it misses it's window of opportunity and another development comes along and makes Ten Mile Road less attractive for commercial and office development Garrity Boulevard is the one that comes to mind right off the bat for me. That one could gain some momentum and that would be the new West Treasure Valley center so to speak and interchanges at Ten Mile wouldn't attract for new development. Given my timeframe that's about as far as I can go at the moment. Corrie: Very good. Eric are you able to share with what you said to me about the shopping center possibilities when you were in Las Vegas? Davis: Mike you might want to talk about that. Corrie: I didn't know whether you could share that or not. I wasn't going to - Davis: Yes it's okay. Ballantyne: I'm not sure which conversation you and Eric had but we've had a number of conversations about users and developers out on the site. Our basic issue right now is you know the field of dreams if you build it they will come. We've got a number of users and a number of developers who are all just basically saying let us know what happens at the end of the month at the ITD meeting and if it goes we're there. We're very confidant very comfortable with Meridian City Pre-Council Meeting May 27, 2003 Page 5 of 26 the demand on use on the retail side. That of course spurs all the additional office, warehouse, and all that other growth as well. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: What is the outcome of he meetings that you've been having, the participation, cost, and that sort of thing? Ballantyne: I'll let Eric talk about that. De Weerd: I'm sorry now I'm cutting to the chase you're the bottom line person. Davis: No, we went out for a global reach of about eight million dollars. That maybe went out a little further than we maybe should have expected to go. We've learned a lot about the farmer's ability to put any kind of promissory notes or debts against their land given their current financing circumstances. We are probably at a point where the group has divided itself between farmers and investors about 50/50. Of that group, we have I would call it from my perspective of course we were all excited about this it had been a probably about what I would call a disappointing result with the core group that says they're committed. I would characterize it as if they were holding hands all wanting to jump in at once and is the water too cold is this a sure deal. We feel like we have as good as it will get you know handshakes, commitments that will you know contracts that are ready to be signed where it should land us close to half of where we start. That is still not a sure deal and on top of that, it takes the land to sell in the future before Eastborne is paid back. It all really comes down to Eastborne's willingness to extend credit to these various parties based on you know their otherwise investment horizons and opportunities across the country. What I can kind of - what means the most in this whole thing is time. We have an investor investment vehicle through Eastborne that has a certain amount of patience and then we have a chemistry within the ITD Board that we feel as workable at this point in time that may not be that way forever. We have a site that's standing pretty tall in the eyes of the market place. We want to get this thing moving and be in front of the ITD Board on June 2th in their meeting in Lewiston. We've come to the city to ask for participation in this along with the property owners and Eastborne. We'll cobble together the best we can but we hoped that with this presentation, you would see some value and with it in written form do they have the detail too? Okay well there's all this (inaudible). We had come to the Mayor and asked the city to consider you know how would it be if they consider a donation of three million dollars. It would strengthen our hand considerably to approach lTD. That's the purpose of this whole meeting and I don't know I think the bottom line was 18 million net present value. We've been out there talking to the farmers in terms of contributions of somewhere between 10 and 20 percent of their profits up side to come back and reimburse Eastborne. I felt like I could stand here in good conscious and as far as a from an investment standpoint what Meridian City Pre-Council Meeting May 27. 2003 Page 6 of 26 is the return of investment for city as far as you know economic benefits and spin on. Corrie: Eric from what I understand in the property owners are coming up with four million is that what the figure is? Davis: That's Eastborne's best guess as to what they'll see if we really get down to blacking and tackling and everybody comes through. It's come down to I don't want to call it characterize it as a poker game but we're going to have to make a hard commitment to ITD and we're not going to back away from that. Corrie: Okay and ITD wants - they have four and the city has three then the 7,000 would give the ITD enough encouragement to go ahead with this. Davis: I would think so. I would think so and I think it would be hard for them to say otherwise. That's just our gut check I'm not in the room not on the board we're going to make it as a compelling of an argument as we can. There are a number of issues that I don't want to bore you with now but there has been a what I call a piling on effect as to them looking at this as being you know once you do the interchange we need all the lanes on the freeway. We need to fix the Meridian Interchange and pretty soon, if you look at it from a negative perspective the interchange is not a 16 million dollars cost it's a 50 million dollar cost with all these other things piled on. What we need to prevail with is a concept that by doing the interchange we are enabling the rest of these improvements to happen and not causing them. It's just a basic paradigm shift that has to occur and I believe that there's a certain at least the board members that we've talked to agree with that so we're doing the best we can. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: J guess J have a couple of points. One is I do believe we need to write a letter to ITD and say because of the importance of the Ten Mile Interchange that it has to be seen separate from the widening up to that point. It can be designed to accommodate the widening of 1-84 but it has to be separated otherwise like you said, the accumulative cost is just too high that it will be hard to pencil it in. Second, I guess I would be curious as I look at Mr. Church's figures this is benefiting the school district, it's benefiting the county, it's benefiting all these different entities with the tax assessments and all of that. What I don't see in this equation and it will be benefiting ACHD - we are not we do not collect taxes for road improvements. We made an exception with the Locust Grove Overpass and we have taken some heat. We know the value as a life safety thing and I believe that Ten Mile is as well because we have to mitigate some of our congestion and the safety issues on the Meridian Overpass and that sort of thing. We don't have deep pockets, so I just don't know what the city can do other than do everything we can, and politically through the Mayor's Office to Meridian City Pre-Council Meeting May 27, 2003 Page 7 of 26 SUpport this interchange planning centers around it. There's -- Star benefits from it, Eagle benefits from it - Corrie: Kuna. De Weerd: this is not just Meridian that's going to benefit from this interchange. The whole west valley will. Not only that and it's something you probably can't capture in these numbers is the amount of trips captured that are not going the eastern migration it's going to help mitigate the congestion that's already there. Those are all very compelling reasons I would even suggest maybe the task force to put together a real compelling argument that can be working with you in presenting a case to ITD on the importance. Include someone from Star, include someone from the North Eagle area make this a regional - even Kuna is going to have some benefit from it so make a regional plea as well. I know it is a priority at COMPASS it certainly is a priority with ACHD. I think we can do this I just don't know what the city financially can do. Certainly, we can try and do a lot of other things as well. Davis: That's great and you've been that way all along. Every time we've reached out for help, encouragement and there's been, some of those turns in the road. It's been nice to have the support. De Weerd: And we're making a huge investment already through our sewer improvements. This is a huge investment and commitment from the city already. Corrie: Gary can you give me an estimate of how long the Meridian Interchange will last? The road itself and - I mean you've got some figures. Smith: Mr. Mayor I don't have any current information on the interchange. The last information I had was that it had a sufficiency rating of around 75 but it was functionally obsolete in terms of a lateral clearance on the interstate itself one of the lanes. When I talked to the district engineer Pam Lowe about it all she said was we've got a lot of structures in our district that are in much, much worse shape than that as far as bridge replacement is concerned. That's about all she would say. Davis: The corridor study says 2010 for Meridian Road overpass. That was just a projection it needs to be done by then. The lanes needed in by 2010 and the bridge needs to be in by 2010 or the new one. Corrie: So they have to have that Meridian Interchange by 2010 in order to get anything - Davis: Underneath yes. Corrie: -- to Nampa other than four lanes. Meridian City Pre-CouncH Meeting May 27, 2003 Page 8 of 26 Davis: Right. It's a domino effect and it starts with the Ten Mile Interchange. We're here to make a private donation and hopefully that that's a compelling enough for them to make a decision to shift a few things in this program around. Bring it within that five-year plan and this proposal would give them a year to adjust that budget. We're asking to start construction the fall of 2004 but that's actually the fiscal year 2005. Their fiscal year starts in the fourth quarter. Church: ACHD's contribution (inaudible) receipts out of this but you can't see the details. You can partially Page 6 and 7. Corrie: John would you come up here so we can get it on record? Thank you. Church: We can't see it six and seven but ACHD's receipts of tax revenues would be about one third of what Meridian gets. If Meridian were receiving, six million dollars ACHD's receipts of property tax revenues would be about two million dollars. Six million dollars from the commercial about 5.5 million dollars from the residential if I remember right yes six million dollars from the commercial and residential was about yes 5.3 million. About a third of those two totaled together would be ACHD's receipts, which would be about three and a half million dollars. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: There's one - that's a real good plan and a lot of money showing come to the city. Except the fact that we probably won't - if we bulld the exchange next year the City of Meridian probably wouldn't have the developments. Even if we had 30 percent of them done in four or five years and be within our city limits be annexed and zoned. Then we would start receiving money. I'm like Councilwoman de Weerd that you need to be talking to the Rural Fire District. They would receive the fire district money until they are annexed and zoned. There's no way of telling that - it could be 10 years before that's even 30 percent developed out there. We've go the North Meridian thing going through here now that's getting it out. ] just I'm like Councilwoman de Weerd I'd do anything write letters we'll do anything we can that way but] just - we put the 1.8 million into the overpass and it's (inaudible) we're still waiting to get that thing done and that was an absolute safety issue that we had to commit to. I as one don't see any way, shape, or form that the City of Meridian can ruefully put very much money into this deal. I think helping with the study by Earth Tech was plenty that we have done. Davis: Thank you we were hopeful that we could strengthen our hand and make this happen. As for an investment for the city goes you've got ways to predict that and time. One thing that we've told all the property owners is that these commitments aren't due until we start construction. If there's no deal, it's off. If we don't have a construction start, they don't have to pay. We're also - another Meridian City Pre-Councrl Meeting May 27, 2003 Page 9 of 26 point I wanted to make is that this includes widening Ten Mile Road all the way up to Franklin to five lanes. It's one of the requirements that came out of the ITO review but it was an offsetting benefit to the fact that all the property owners along the entire frontage can see some access and something immediate that will be built right away rather than waiting. It just opens the valve that much further to promote growth. It's also not to say that our 18 million dollars that present value number isn't all free money. You've got to buy fire trucks and police cars and support the infrastructure granted but it's just an economic development tool that's probably one of the best you can use it as far as - at least in what we do. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Eric I know it's very compelling and it's very essential to the city to get this interchange. It's awkward to be asked for money for roads when we're not in the road business. I would see that as something ACHD should be looking at and the ultimate yes it benefits our city tremendously. It will reduce congestion in Old Town. It's something that ever since I've been involved on Planning and Zoning and the City Council that has been a priority. It's just we don't have the money to dedicate to this because of all the other needs that we have to meet the anticipated growth out there to serve the growth that we have in other parts of our community and that's what we owe the taxpayer. I think it would not be - anyone would argue that it wouldn't be money well spent. We just don't have that money. The benefactors are the immediate benefactors would be the property owners and we would hope that they could see the value of donating right of way that maybe could help mitigate the cost that that value would be given back to them tenfold because of what value that would add to their property. There are some ways to package it. I would still strongly suggest if you know through the Mayor's Office a task force could be formed. I know Senator Bunderson has been a huge proponent that could be asked to have some political clout. I know Senator Craig and Senator or Representative Otter have indicated some willingness to listen and maybe bring their office into this. Certainly, we could ask representatives from the northern communities and the southern communities to also really provide a regional approach to this to really help with the political side of this. I just can't see us helping with the financial side of it. I would like to see this same presentation given to the county because the county can benefit from this as well and see what they can do. We would be happy to help or the Mayor's Office would be happy to help in that regard too. Corrie: She's awfully friendly with my office. Davis: It's all about - we're just trying to get Eastborne to the strongest vote they can get. In fact, the other the way it's working with the property owners is that it's a loan to them. They're not paying back till the days gone by and maybe that's something to think about I don't know. Well I didn't expect a final answer I .f~-. Meridian City Pre-Council Meeting May 27, 2003 Page 1 0 of 26 thought we would just be doing good if we could get through the presentation so you can sleep on that and think about it. Corrie: Thank you John and Eric. We'll do that and then we'll see what we can do to come up with here. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess on our agenda we do have a resolution accepting the 1-84 corridor study as designating Ten Mile Interchange and all of the interchanges along that corridor is our planning documents and where we want interchanges. Just to clarify and strengthen that too. Davis: That's great there has been some conjecture about that so that actually (inaudible ). Corrie: Thank you Eric. Item 5. Assessment Briefing by Ada County Assessor Bob McQuade: Corrie: Next is Bob McQuade. Welcome Bob. McQuade: Mr. Mayor thank you. I really enjoy coming out to these meetings because it gives me a chance to see an overall picture in my office I get to see just a little piece of it. When I get to your presentation like this, last one it really brings the issue of property taxes, market values, and levy's home to me. That is something that is more than what we just discuss down in our office in a more theoretical manner. I've come by this evening to tell you that we've mailed our assessment notices. They actually went out today we had a little glitch so we expect them to be received in tomorrows mail and our phones should just light up probably 3:00 tomorrow afternoon. Last year we got over 4,000 phone calls once we had sent those out. Anyway, I just wanted to come by and just chat with you briefly and tell you what's going on with the assessed values and the number of parcels that are going on out in your area. I think it just goes way beyond general interest. I think what's going on in the housing market in the residential and the commercial real estate is really a good indicator of what's going on in the economy in your community. Also, market values are a real driver of levies and that gives you a feel of what's going to be going on in your taxes. Speaking of taxes new construction is a piece of your property taxes of your budget because your budget is - (inaudible) of your budget, increase is your new construction. With that, let me just tell you that the total market value in Meridian is 2.8 billion dollars this year and there is a hand out in front of you if you wanted to refer to that. That sets 14 percent over last year. That's the total market value the taxable value that is the market value plus any exemptions. That would be homeowner's exemptions or agricultural exemptions. The tax value is 2.4 billion Meridian City Pre-Council Meeting May 27,2003 Page 11 of 26 and that's up 15 percent over the previous year. I always think it's kind of noteworthy that taxable value what P said is in total values taxable values 82 percent of the total value in otherwards about 18 percent of the assessed values coming off in the form of exemptions. This year you have a new something new over in Meridian and that is your Urban Renewal Area. I think that's important because the Urban Renewal value you get to include that in your new construction but you don't get to levy against that. Your Urban Renewal value is 10.4 million dollars. Just as a side note Boise City now has four Urban Renewal Areas now looking at another one god, help them in their wisdom. The residential parcel count in Meridian is 16,000 a little over that and it's up 9.8 percent. That is really a good gross number is residential parcels. Ada County to put that in perspective countywide we're only at three percent. You're almost 10 percent that's just a whopping 10 percent. Market value is 1.9 billion that's up 15 percent and again in context with the whole county that's 11 percent countywide. To me one of the most (inaudible) numbers and that exists residential what's going on with that. Over in Meridian immediate increase is 2.7 percent and there are a lot of different reasons for that. To me I thought that was interesting because the people who gave the presentation just before mine they said that the annual growth rate in residential property is about three percent so this is just very much in line with that. MLS multiple listing service throughout Ada County is 3.2 percent on existing so it's just slightly less over here in Meridian. Commercial a parcel count is 2,128 and that's if you'll look on your chart that's 3.9 percent decrease. I need to explain that because in commercial property we have two components of that. There is the real property component that's the land and the brooks and (inaudible) also there is the personal property piece of that. Personal property that all person property that's used in a business is accessible personal property would be desks, personal computers, adding machines anything that's used in conducting a business. In a retail store, it would be counters, shelving and things like that. The reason for that decrease is there's a piece that we've not put on the road yet about 10 to 15 percent of the business owner's do not report their personal property each year so we have to estimate that. Is what we are doing this year is we are going to be making that estimate in July and August so that estimate is not included in this. Also, there were some parcels, leased equipment, and Pitney Bowes mail machines years past each machine we would have put in as a separate parcel. This year we're putting it all in as just one parcel and then making an allocation out that way. That's the reason that that numbers down. In the terms of the real property, the brick and (inaudible) the land this I think is really critical. In 2002, you had 869 commercial properties this year you have 941 so that is going up. You're not going to find that on the list I grabbed that just as I left the office. The market value of all commercial property is 900 million that is up 13 percent. The medium price on existing commercial is about on 10th of a percent or .15 of a percent. We're seeing that all over the county where commercial is just barely going up and I think that's more of a function of the economy. New construction again that's important to you because part of your budget will be last years value plus a tax that will be levied against this years new construction and that's what you get to add to that. Your parcel count residential parcel count new construction is 871 Meridian City Pre-Council Meeting May 27, 2003 Page 12 of 26 and that's up 16 percent. Boise City was actually just flat. The value and this was after the homeowner's exemption new construction is 78 million that's a 14 percent increase. Commercial parcel count is up 54 that's up 32 percent a value of 48.6 million this is an increase of 60 percent. That is just amazing. The tax burden that is what percentage does the homeowner bearer of the property tax bill compared to commercial. Residential is 59 percent and your commercial is 41 percent. Before I would make any closing remarks, I would be happy to answer any questions. Bird: I have none. McQuade: Well I'll tell you looking at these numbers I just think Meridian is just really - what's going on over here is just phenomenal. Your residential is very strong and your commercial is very strong. Meridian is one of the few areas that are keeping Ada County moving along. Corrie: Good any questions. Bird: I have none Bob thank you for the report. Corrie: Nice report Bob thank you. De Weerd: Thank you very much. I was hoping you would tell us how to pay for the interchange. McQuade: Well I was listening to that I thought hmmm I wish I could help you out. Bird: You don't have an extra (inaudible) county. Corrie: Can we tap you for three million? De Weerd: Can we use some of your budget? McQuade: Yes I think going to Ada County and looking for some help that might be a good start over there. Corrie: Okay good. Bird: I thought that was a good idea. Corrie: Thank you I appreciate Bob thank you very much. McQuade: We'll be back next year. Corrie: Okay we're looking forward to it. Thank you. Meridian City Pre-Council Meeting May 27, 2003 Page 13 of26 Item 6. Discussion of SAGE -~ Follow Up: Corrie: The next is the discussion of SAGE follow up. Toombs: Thank you Mr. Mayor. I'm Leslie Toombs I'm the Economic Development Planner with SAGE Community Resources and it's wonderful to hear that great report for the City of Meridian. Council President de Weerd invited me to come and give some follow up on what the Planning Department does for cities. I don't know did you receive a copy of the fax I sent last week? Okay terrific. In talking to Mrs. de Weerd and last year the Planning Department and Stacy Kilchenmann, your Finance Director we identified two potential projects that the City of Meridian and their non-profit communities might be interested in pursuing. One is the Senior Center has identified some needs for expansion and addressing some safety items. The other is your downtown revitalization planning and those are both potential projects through applying for federal community development block grants. Our department works with cities to develop successful grant applications in that program and through the fax I sent I tried to outline if a city chooses to pursue some of this funding it is federal funding there's federal requirements and that's what we're there for. Our Planning Department has five certified grant administrators that can assist the city through the federal requirements. None of the requirements are new requirements they're all existing laws. I believe you probably have some of the assurances and resolutions probably on file through past projects but I don't know. That's something that we could go through if you choose to and assist the city with those federal requirements. We do work with the community bring (inaudible) Senior Center on what the most fundable portions of what they're looking at doing they should pursue health and safety are always first priorities as far as your downtown project. Economic development and eradicating underutilized areas. You've gone through it with your urban renewal planning some of that process of identifying the needs in the downtown area. I didn't know if there were questions I could answer or if you want me to go through any of the particular items. Corrie: What is the cost of SAGE this year coming up for 2004. Toombs: For our dues- Corrie: Is it around 2,000 to 2,7007 Toombs: 25. Corrie: 2,500? Toombs: That sounds about right. Nary: Mr. Mayor. Meridian City Pre-Council Meeting May 27,2003 Page 14 of 26 Corrie: Mr. Nary. Nary: Ms. Toombs have you met with the Senior Center people? Toombs: Pat Angle from our office has met with them three or four times yes. Nary: Is that - I remember Ms. Simko's presentation and I read the material that was provided. I can see some potential value with SAGE. It seems like when we've had this discussion we've identified the relationship that SAGE and the assistant SAGE could provide to entities like the Senior Center. I haven't seen the Senior Center people come here too but I guess that's the piece to me. Basically, you folks act as an assistant, a go between to assist different community groups and in securing some funding and those types of things. That's great but for us to spend the taxpayer money to (inaudible) the organization to have that ability available in our community I guess I would like to see some of the people from our community saying yes that would really be helpful to us. That's something that we would really take advantage of if it was available to make it feel like it's worth us spending that kind of dollars. Have you considered that in having those folks come? Toombs: No we haven't. We've go direct phone calls. We do work for the cities and we would represent the city - the block grant funding is federal funding that comes back to the states to go back to eligible projects, cities, and counties. A city or a county has to sponsor any particular application. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Since I serve on both the board for the Senior Center as well as for the Urban Renewal Area both boards have talked about this. Both boards have plans to or anticipate utilizing SAGE services provided that the city joins. The Senior Center I thought they would be here tonight they had talked about it. I didn't call and remind them so that might be why they're not here. They do have a number of needs. Our Building Inspectors have been through there our Fire Inspectors have been through there and there are a number of issues that the Senior Center needs that they would be pursuing through SAGE. Like Leslie said, they've met with them- ***End Of Side One*** De Weerd: -- different times. Just through the Urban Renewal Agency, we just started those discussions as we're looking at next years budge. They're not as far along as certainly the Senior Center is. Bill, I don't know why they're not here. Nary: Mr. Mayor. Meridian City Pre-Council Meeting May 27, 2003 Page 15 of 26 Corrie: Mr. Nary. Nary: Yes and I guess that's really the one piece of the puzzle that we haven't seen in both of the presentations. Again, I see the value that SAGE could provide but I guess for my comfort level I would like to see the local groups that are really going to benefit wanting to a part. I guess it would be very compelling to me if they were here whether if the MDC or whether it's the Senior Center or any other groups that need the cities participation in SAGE to have that partnering ability to work with SAGE to get some of these things done. Because for the dues price that's a pretty good return to our citizens but J haven't seen our citizens I've just seen SAGE. You can tell me how great it is but unless I know, how you market yourself and how they're going to know that you exist and how they're going to know that we have joined this organization to provide that opportunity for our citizens. All I've heard is what you tell me and I would rather see them. Toombs: Yes we've also tried to be of assistance to the city. A year ago, we did supply of the City Planning Department and we have information on establishing standards for Urban Renewal Districts and resolutions for slum and blight determination. We have a lot of information that we've developed over the years that we have on file that we can shoot off to people so we've tried to be of direct assistance to the city as well as the groups you represent Corrie: Give Bill a call, see when he can come up here, and talk to us as well. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Isn't SAGE basically though one of the biggest things they do is help low income housing in the cities like HUD Housing and stuff isn't that really your forte? Toombs: No, the Area Agency on Aging the Senior Programs for Southwest Idaho are out of our office and the Work Source Development Program. Bird: So the biggest percent is for Senior Centers is what SAGE is doing? Toombs: We have a number of different programs. Bird: I think it's HUD low income housing - Toombs: Actually we are in the housing field. Bird: You are in the housing deal on that and do help a lot of the cities and have that in their programs is what the first information that came out from when they were over here earlier. It does help the seniors too but there are other areas that Meridian City Pre-Council Meeting May 27, 2003 Page 16 of26 it does do a lot of grant writing and go after grants I guess there's no guarantee you get it. It does - I know that HUD is one of them because most of your funding comes from the housing - Toombs: You would have to talk to our director about the overall budget The Planning Department is self-supporting so when we work with a community the only way we support ourselves is through administration if we have successful projects. Bird: You take administration fees out of the grant that is written right? Toombs: That's correct so if we're not successful then it's the service to the community. Bird: That's aliI had thank you. Corrie: Any other questions. Thank you. We'll call you Leslie on this one. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Could we ask the City Clerk to invite the Senior Center and MDC Representative to join us at one of our Pre-Council to kind of share with us if they can utilize the services. Certainly from board discussions, they say they can but yes, I agree with Councilman Nary they do need to show up and indicate that through testimony. Corrie: Okay. Item 7. Blakeslee & Associates - Follow Up: Corrie: Next Mrs. Blakeslee. Blakeslee: Mr. Mayor. Corrie: Hello Dawneen. Blakeslee: How are you how is everybody? Nary: Great. Blakeslee: I didn't realize this was going to be the format but that's all right we'll just go right ahead. In talking with Councilwoman de Weerd and with the Mayor we talked about the need and actually with all of you eight months ago about a follow up to the customer service survey project that we did with the Building Department and the Planning and Zoning. It has been eight months since we Meridian City Pre-Council Meeting May 27,2003 Page 17 of 26 brought in the results and started doing some planning or the teams started doing some plann~ng. It talked about that it's time to look at an internal follow up and also to get on the calendar when you want to start doing like going back out and talking with the customers at the year mark which would be in September. Visiting with all of them again to complete the survey to see what has transpired within the year as was promised the customers. Just by virtue of my schedule, it's an important part. If it's going to happen in September October I needed to get it on my schedule now so that I have time. As you know it's a wonderful project and incredibly, time consuming and I wanted to make sure that we got it into the plans now. Let me just give you a handout that just - sorry - gives you just some ideas about what I have for follow up. I'm going on an a premise that I do not know what follow up has been happening for these eight months so some of these points in section A could already be taken care of and you may already have all of this information so it would be a matter of just keeping me in the loop. In Section A is more about the internal follow up. Finding out from the internal side what has been happening in the field perspective and departments that were in this customer service project. How the process is that they developed, how they're going, and what challenges they've incurred. I understand there was some customer service training that's been going on through the Human Resources and whether that has been applicable to the particular needs that were addressed in this customer service survey I don't know that but that would be something to look at to see if that has been taken care of already. Then what from the employee's point of view has been the response from the customers with the particular changes. For example, there was a list that Gary Smith and his team provided from the Building and Public Works Department that had about 23 different items on it that they were going to really devote effort to. It would be good to see where are we with that, how well is that flowing, and have there been challenges in being able to get some of those things done. I don't know where you are in this process so that's why J'm here to say okay it's been eight months. My responsibility is to kind of chase you a little bit and say okay we did an awful lot of work so you know what's happened because of it. Then also to then in part B would be the same type of follow up customer service survey. We would have to use the same survey so you get a real good base for the numbers as to the responses from all of the customers. Whether or not we had to go ahead and interview all 109 again is up to you. I would say that we have to get at least 75 percent of that in order for it to be balanced information. Then go to a small group because then you wouldn't the same information that we got from the massiveness of the study I did last spring. That's what I'm here for is just to give you the information for your consideration and to let me know so that I can start putting it into my calendar and gather the information. I don't know what you already have and if you have a lot of A already that's wonderful because then that's one step we don't need to do but if you don't have it then we need to gather it for you. Then also if there are any particular training adjustments then I'm available for that too. I did not put a price on the project because I don't know where we're at but you know what the price was for the initial one and it wouldn't be any more than that. I would suspect it would be a lot less. Not a lot less but less. Meridian City Pre-Council Meeting May 27, 2003 Page 18 of 26 Corrie: Could you follow up with the two departments and find out just exactly what you're follow up is going to entail. Blakeslee: Right yes. Corrie: Then kind of give us a report on what the cost will be. Blakeslee: Right that would be number - I mean if you say Dawneen let's go for it let's do this then I would need to visit with both of the departments and see which of these bullet points where are we? What have we - what do we have what don't have? What's going on and then that becomes part of the report and that way of course I can do the pricing. Corrie: Okay. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Well we (inaudible) as a Council to go through this thing and get it done and complete we're only half done. One of the checkups and I know that this is what - about the biggest thing that helped get Boise completely turned around. The point that they did was because they did follow ups and they do follow-ups yearly. I for one agree with you Mayor to have Dawneen find out what she's got, how much has been done, how much that each department feels they have. J know that Gary has done a great job of going out and trying you know (inaudible) and doing things. I don't know and then have her get back to us but I for one am committed to see this thing through to the end. Corrie: Okay. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I would concur as well I think that really does complete the circle here and that's what we really need to do. I think we just need to just get a better handle on numbers but I think the process as you've outlined in this letter is what we probably need to do. I think especially I don't think Mrs. Powell's had enough opportunity to certainly lay in on the planning side but [ know Mr. Smith has done quite a bit of work and I think it may be helpful at this juncture to know how far that's come and then how much more needs to be done. I think we do need to finish this. De Weerd: Mr. Mayor. Meridian City Pre-Council Meeting May 27,2003 Page 19 of 26 Corrie: Mrs. de Weerd. De Weerd: So can some of this wrap up in meeting with the Department Heads also kind of acclimating our new Planning Director to some of the issues and working with her and Brad to bring them kind of up to the same point Is that kind of the conclusion of the old and then you can give us numbers for the new so we can include it in our budget year starting October 1st? Blakeslee: I think it will be completed by - well half of it would be finished. Probably the internal part I would do this summer as far as wanting to see where are we. I don't know how much the new director has been informed or what process that needs to happen as far as where she is and where Brad is and all that. It's just me really meeting with the directors and saying okay where do we go from here. I'm operating in a void because I haven't really been involved in it since the end of last September. That's why Number 8 is very variable because I don't know how much has happened, how many reports you know do you actually have a monthly tool that you're getting with an update of this project. If you are, then you're up to speed and we can go onto the next step but I don't know that. It would be better to meet with the directors and get that process going first and then I can come back to you and say here's what I found, here's what we can do, here's where I think this piece is still missing or this piece is phenomenal let's just keep going with that You know whatever the case may be. I need direction from you to come back on board again and direction for the directors to know that I'm coming back on board so they don't go oh no, here she comes again. Corrie: I think that probably what you can do then is get with Anna and Gary find out what your direction's going to be and then the cost then we can go from there and get it done. We want to finish it out so you know that we're serious about that. Then you can give us all the information and maybe we can get it done all this year too not going into the next year. De Weerd: I think we do want the follow up. Corrie: Yes okay. Blakeslee: So just let's move forward on it that's the - okay you got it. Corrie: Okay thank you. Blakeslee: Thank you. Corrie: Thank you very much Dawneen. Item 8. Discussion of Computer Usage Policy by Stacy Kilchenmann: Corrie: Stacy can you - how fast are you pretty fast? Meridian City Pre-Council Meeting May 27, 2003 Page 20 of 26 Kilchenmann: Yes. Corrie: Okay Stacy. Then the next - you have three of them here. Kilchenmann: The first item is the Computer Usage Policy. Basically, I guess I could just ask you if anybody has any specific questions on it. It's pretty simple and straight forward it's just time to tell employees that city computers are to be used for city business basically and that there are certain requirements for back up of data and security requirements and some prohibitions on people loading software or loading things onto the server without the IT person doing that. Then at the back we have a series of definitions, which you'll move to the front. It added some frequently asked questions because we sent this out to the Department Directors and the first time we all were trying to figure out you know the common language of Terry's IT talk. There are some questions in there that make it more clear for people and so forth. This has been - the last draft went to the Directors on April 11 th so everybody's had a chance to read it and comment on it and so forth. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Did we get it at some point and I just don't have it today or did - it's not on our computers. Kilchenmann: We gave it to Sharon Thursday. Nary: Because I don't have anything to look at. De Weerd: Mr. Mayor. Yes, we got it in hard copy probably a month or two ago. (Inaudible discussion amongst Council Members) Corrie: (Inaudible) comments that were supposed to be done. Kilchenmann: I think Sharon was going to put it on your disk but it must not have happened. We can postpone it. Corrie: We'll give them a week next week. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess I was curious as to what the Department Heads comments were. We only have one IT person and that's quite a burden to say he's the only Meridian City Pre-Council Meeting May 27,2003 Page 21 of 26 one that can load software when we have a lot of different applications out there. I would be very curious as to how the Department Heads see that interaction with the sole IT person of the city and trying to get that accomplished. Kilchenmann: Actually we identified some certain software applications like the Skater Program, Spillman, and Maxicon that Terry is not responsible for. He's identified those specifically in here. Like updating patches, updates, or so forth each department can do that. Then what the policy says is that there can be within a group a designated person that the Department Head feels comfortable having them load data they can - or software they can get some basic instructions from Terry. Like for Public Works it's Bruce Freckleton for example. Then that person is their designated representative and they can load software. The big thing we're trying to avoid is when people bring software from home or some software they got from a co-worker down the street and they love viruses. The time it takes to clean that up is just phenomenal. Terry, for example he spent a week trying to unload a virus that had gotten on because someone was trying to load software. We think we've got it balanced there and that all of those representatives are on the management or on the IT Steering Committee so there is a lot of interaction between that group of people and so forth. Corrie: We've never really had anybody really holler about it Department Heads. De Weerd: I guess the distinguishing thing is does the city own the license. If they don't it shouldn't be on our computers. Kilchenmann: Correct. That was another one of Terry's points that it's hard to control a license if you don't - Corrie: Okay we'll give them a week, Gary. Kilchenmann: Okay. Smith: Mr. Mayor and Council I appreciate Stacy's comments and all of the work she and Terry have put into this policy. As she said, one of the things that happen in the Public Works Department is that we have several programs software programs that we use for modeling our water and wastewater system. The operators of those programs Len Grady operates the water model and both Bruce Freckleton and Brad well actually Brad operates the hydro software for the wastewater collection system. They are quite often upgrading the software upgrading that program from patches that are downloaded from the Internet. One of the things as Stacy said that we'll be able to do that internally without bothering Terry for his help. Our guys are perfectly capable of being able to do that and Bruce Freckleton is in our department the designated IT representative. He does sit on that IT Steering Committee also. We just wanted to make sure that we didn't get our hands tied in terms of upgrading our software programs and having to wait for Terry and he would be significantly burdened with a lot of work if that did happen. We really appreciate Stacy and Terry taking into account Meridian City Pre-Council Meeting May 27, 2003 Page 22 of 26 the comments that the Public Works Department did send. The question and answer section was very helpful. The definitions were very helpful and we just want to make sure that we have capabilities within our department to manage our software that we are using. Thank you. Corrie: Thank you Gary. Item 9. Discussion of Finance Report with Finance Department: Item 10. Discussion of Budget Items Policies: Kilchenmann: Okay the next item the financial statements I'll just go over very quickly. On the bench in front of you, I put a couple of new sheets. One of them is the potential budget amendment for this year, I took Reta's sheet, and I just cleaned it up a bit. The one thing I did want to get your permission for tonight is that the Wastewater Treatment Plant would like to transfer 100,000 dollars from the Five Mile Creek Project to the Boise River Repair and Creek Crossing Project. There was some difference - Jon said there were some differences between the Asbullt Plan measurements and the actual field measurements so they wouldn't be spending new money he would just be transferring between those two capital projects. The other thing we did on if you look at that potential amendment form at the bottom of the general fund you'll see some items titled hold back. Those are the items we discussed when we discussed making out for the shortage and interest income. We went ahead and actually entered those and the financial statements literally held them back so that the money that we had discussed using wouldn't be spent for other items. That's kind of what those are. I won't go into this in detail. Maybe if there are any more questions on it we can discuss it just briefly next week when we review the computer usage policy. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: On this item under consideration, this recreation coordinator that's not what we talked about last week about the facility thing? Kilchenmann: It is we left out the word facilities it's the same thing. Nary: Oh, it is the same thing. Kifchenmann: It's the recreational facilities coordinator. Nary: We never did have an opportunity to discuss this Aspire On transfer. Kilchenmann: That's why we put it under considerations. Nary: And so that's something you want to talk about next week? Meridian City Pre"Council Meeting May 27,2003 Page 23 of 26 Kllchenmann: Yes we should clear that up too. Nary: Great. Kilchenmann: And that's alii have. Corrie: Okay any questions from Council? We'll put you on the beginning Stacy. Kilchenmann: Okay. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Since she said she wanted approval for this 100,000-dollar transfer here do we need to do that on the record? Corrie: Okay. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Legally I don't think we can approve this because this is actually a budget adjustment. Kilchenmann: Well it's not an overall adjustment it's just moving it from one project to the other. Bird: Okay. Nary: It's already budgeted it's just a different line. Bird: Make your motion that's what I have. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I guess I move the approval of the transfer of budget item from the Five Mile Project to the Boise River Repair Creek Crossing project of 100,000 dollars of the Wastewater Treatment Plant budget for the fiscal year 03'. Bird: Second. Meridian City Pre-Council Meeting May 27, 2003 Page 24 of 26 Corrie: Okay motion been made and seconded any further discussion? Hearing none all those in favor say aye. Opposed no. Motion carried. MOTION CARRIED: ALL AYES Corrie: Thank you Stacy. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess before Stacy leaves and it kind of falls under Item Number 10 the discussion of budget items. I appreciate the detail that you gave us outlining memberships, dues, and anticipation of some of the questions we would ask under Item Number 10. There are still some policies I think that needs to be a little bit firmed up and discussed. I don't know if you need it in advance of our budget workshops but at some point, we need to have these conversations. It's more Council maybe if there's specific detail that we want for those budget workshops we need to get it to the Mayor and Stacy as soon as possible as she has done for us in providing the additional detail. That way going into our budget, workshops we can better manage our time and make sure that all the information that we feel we need to look at our budget this year is in order. Corrie: How long do you want to take to get the questions to her? One week two weeks? Nary: Mr. Mayor I guess what I thought we had discussed or had been talking about recently was having something whether on Pre-Council - a discussion about what items in the budget that the Council Members were interested in. That way we have an idea of what our interests are as well as that way when we have all the rest of the budget is presented by you we would have some way to do that. My concern was waiting until July and then as we're sitting, here thinking of projects it's really difficult to look at priorities. I guess I would - I know timing is always the problem for us but in trying to find some Pre-Council time for you know a 20 minute discussion about what projects we would like to be seeing or at least thinking about as we go into the budget. Again, it's all a matter of priorities. I don't know in the next week or two that we could have that discussion and then we would have a better way if there is some needs that we may have and Stacy or her folks trying to flush that out a little bit better for us as to what that might cost. If it's an HR thing or whatever that way someway, we can do that. I think that would be helpful to me anyway. Corrie: Should we two or three weeks what's your pleasure it's yours? (Inaudible) so I'm more than happy to do that. Nary: Yes I would say I don't know what it looks like next week or the week after. Meridian City Pre-Council Meeting May 27, 2003 Page 25 of 26 Corrie: How about the 11th of June. De Weerd: The 10th. Nary: June 3rd our Pre-Council Meeting is pretty short. Corrie: Yes so far. Nary: So far. Corrie: We can always shorten it even more if we have to for this. Nary: Right and if we - it looks like - Berg: (Inaudible). Nary: Right so if we add the computer policy and add this discussion onto our I guess it would be next weeks agenda for Pre-Council right now all we have is the speed limit and the alley is the discussion about that. I think Chief is - Corrie: (Inaudible) 15 already. Is Chief here? Nary: He was here. Corrie: Chief isn't the speed limits in alleys already 15 miles an hour? Nary: No, actually we looked it up when she was here. Corrie: My mistake. Nary: I thought the same. Corrie: I don't feel so bad then. Okay then we'll have that one then that discussion. I was- Nary: Also to that one - Mr. Berg just reminded me if maybe we could the discussion on the Center Turn Lane Ordinance as to why the necessity of that then we could put that on the agenda afterwards. Corrie: Okay well is the 3rd too soon. De Weerd: No. Corrie: Okay let's put it on the 3rd. We'll have a meeting Thursday and put that on there Bill just remind me. Nary: Okay we can always come early if we need to. Meridian City Pre-Council Meeting May 27, 2003 Page 26 of 26 Corrie: Yes we can always have lunch anything else. I'll entertain a motion then to close the Pre~Council Meeting. De Weerd: So moved. Nary: Second. Corrie: Okay motion been made and second to close the Pre-Council Meeting all in favor say aye. All ayes motion carried. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 7:15 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~ ....--- .. ROBERT D. CORRIE, MAYOR 6 /!!1; tJ3 DATE \1 I \ I \ ll1lllJ il, ,I' fl/I "", _. Of MEIt!i"'. //// " ;'\ -.. VI: 'l /' c} c,o?poR-47; "11---=:-~ f ~ ~ \ SEAL K & 2 ...;;:: u ...,C!l 0 .:::- ~ <> 'S! 1S\ ' ~.f "/... "-'1^ ~~ ....~ ............/ '-OUNT"i \) \\~ /1//1 . . I"" /1/11111111\\\\\ May 23, 2003 MERIDIAN CITY COUNCIL MEETING May 27,2003 APPLICANT REQUEST Executive Session per Idaho Code S67-2345(lHb) Pre-Council Meeting ITEM NO. 3 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: Contacted: COMMENTS ~~ /-5,--r;rJ rJiLC rJl Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ? lJaSt fost ~ ?uJJ-U"G no-ht€ - (J!tJ.A1 jes! CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, May 27,2003 at 5:45 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. Executive Session per Idaho Code ~67-2345(1)(b): (15 minutes*) 4. Discussion with Eric Davis (Retail West) regarding Earth Tech I Ten Mile Interchange Budget: (20 minutes*) 5. Assessment Briefing by Ada County Assessor Bob McQuade: (10 minutes*) 6. Discussion of SAGE -- Follow Up: (5 minutes*) 7. Blakeslee & Associates - Follow Up: (5 minutes*) 8. Discussion of Computer Usage Policy by Stacy Kilchenmann: (5 minutes*) 9. Discussion of Finance Report with Finance Department: (5 minutes*) 10. Discussion of Budget Items Policies: (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 ~ May 27, 2003 Page I of J 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. Con'ie rpu{"c Vast :hY ?u.b4~ ('. -A-a: 'jj~t.~j~ ' :' it~.:_~~~ J! cMe;;d/;~~l; , IDAHO CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird ~ ~, " \' \I }I )J y' qmCE , \ 1903 tnCVVf tS! 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] . Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 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, May 27,2003 at 5:45 P.M. The Meridian City Council will be discussing the following agenda items: - Executive Session per Idaho Code &67-2345(1)(b) - Discussion with Eric Davis (Retail West) regarding Earth Tech / Ten Mile Interchange Budget - Assessment Briefing by Ada County Assessor Bob McQuade - Discussion of SAGE -- Follow Up - Blakeslee & Associates - Follow Up - Discussion of Computer Usage Policy - Discussion of Finance Report with Finance Department - Discussion of Budget Items Policies The Executive Session is closed to the public, however, the public is welcome to attend the remainder of the meeting. DATED this 23rd day of May, 2003. Jld&---:~. ~ { WILLIAM G. BERG, R. - C~ 51 . "\ ~ f -/" ""'Y r, . ~. ,,$' 33 EAST IDAHO AVENUE. MERIDIAN. IDAHO 83642 . (208) 888-4433 '//IIII~OU;\ ~. '{ , ~\\\'" City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax C2-0S}&87.481'J ~ ... ... ** TX COt.( ATlON REPORT ** AS OF MAY 23 '03 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDIl STATUS 05 OS/23 13:30 12384664405 EC--S 0l!l'27" 001 017 OK 06 OS/23 13:31 8841159 EC--S 0l!l'25" 1301 017 OK 07 OS/23 13:32 2088840744 EC--S 00'26" 1301 El17 OK 00 OS/23 13: 34 8985501 EC--S 13El'25" 1301 017 OK e9 l!l5/23 13:35 LIBRARY EC-S 00'31" 0El1 1317 OK 10 OS/23 13: 36 92083776449 EC--S 80'26" 081 017 OK 11 OS/23 13: 37 208 388 6924 EC-S 00'31" 0131 017 OK 12 135/23 13' 3S 21388886854 EC-S 013'25" 001 017 OK 13 OS/23 13: 39 8950390 EC-S 00'25" 001 017 OK 14 135/23 13:40 Laurel EC-S 00'26" 001 017 OK 15 OS/23 13: 41 200 387 6393 EC--S 00'25" 001 017 OK 16 OS/23 13: 41 ADA CTV DEVELMT G3--S 00'42" 001 017 OK 17 OS/23 13:43 CHERIE MCCANDLES EC--S 00'29" 0Ell 017 OK 18 OS/23 13:44 CHERRY LANE EC--S El0'31" 001 017 OK 19 OS/23 13:45 POST OFFICE EC--S 130'37" 001 1317 OK 20 OS/23 13:46 200 888 1983 G3--S 00'31" 0El1 1317 OK 21 OS/23 13:47 lD PRESS TRIBUNE EC--S 00'26" 0El1 017 OK 22 OS/23 13' 48 208 888 6700 EC--S 130'26" 0131 1317 OK 26 135/23 13'53 38101613 EC--S 130'36" 1301 1317 OK 28 OS/23 13:55 PUBLIC WORKS UF--S 00'16" 001 1317 OK 313 OS/23 13:57 2088467366 EC-S 00'26" 0131 017 OK ---------------------------------------------------------------------------------------~---- MAYOR l{ohO![ D. Conie rpLease 'Vosi .J;y 11.<,hl4- .,.... ~:: ~;;dl;~~- fiCe. - TharrtS! LEGAl. DEPARTMENT [208) <<ro.nn . FAl( d50.4405 PARKS .I< RECREATION 0081588.3579 . too, R9R-SSIJ I PUBLIC IVORKS (208) 895.SSCIO' F.. 557-1297 BUILDING DEPARTMENT (2DS) 857.1111 . Po< SS7.1 297 PUNNlN(; k 7.0NiNG (20S) 3!l4.SS;3 . Fox 888.0854 CITY COUNCIL MEMBERS Tommy de Wccrd WiIliom L. M, N.')' Cl10Mc McCnndlc.. 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 Easlldaho, Meridian, Idaho, on Tuesday, May 27, 2003 at 5:45 P.M. The Meridian City Council will be discussing the following agenda items: - Executive Session per Idaho Code 967~2345(1)(b) - Discussion with Eric Davis (Retail West) regarding Earth Tech / Ten Mfle Interchange Budget - Assessment Briefing by Ada County Assessor Bob McQuade - Discussion of SAGE - Follow Up - Blakeslee & Associates - Follow Up - Discussion of Computer Usage Policy - Discussion of Finance Report with Finance Department - Discussion of Budget Items Policies The Executive Session is closed to the public, however, the public is welcome 10 attend the remainder of the meeting. DATED lhis 23rd day of May, 2003. dI~4. ** COMMUNICATIONS REPORT ** TOTAL PAGES SEND 0036 RECEIVE 0000 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 DATE TIME TO/FROM OS/23 09:21 ITD - SPECIAL PLATES OS/23 10:12 8889935 OS/23 10:53 2088848938 OS/23 13=06 2083642229 OS/23 13:30 12084664405 OS/23 13:31 8841159 OS/23 13:32 2088840744 OS/23 13:34 8985501 OS/23 13:35 LIBRARY OS/23 13:35 92083775449 OS/23 13:37 208 388 6924 OS/23 13:38 2088885854 OS/23 13:39 8950390 OS/23 13:40 Laurel OS/23 13:41 208 387 6393 OS/23 13:41 ADA CTY DEVELMT OS/23 13:43 CHERIE MCCANDLES OS/23 13:44 CHERRY LANE OS/23 13:45 POST OFFICE OS/23 13:46 208 888 1983 OS/23 13:47 ID PRESS TRIBUNE OS/23 13:48 208 888 6700 OS/23 13:50 PUBLIC WORKS OS/23 13:51 12084664405 OS/23 13:52 8841159 OS/23 13:53 3810160 OS/23 13:54 2088840744 OS/23 13:55 PUBLIC WORKS OS/23 13:56 2088467365 OS/23 13:57 2088467366 OS/23 13:58 8985501 OS/23 13:59 LIBRARY AS OF MAY 23 '03 13:59 PAGE.Ol MODE UF--S EC--S EC--S G3--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 G3--S EC--S EC--S UF--S EC--S EC--S EC--S EC--S UF--S EC--S EC--S EC--S EC-S TOTAL TI ME CITY OF MERIDIAN SEND 000 16' 01 " RECEIVE 00000'00" MIN/SEC PGS 00'23" 001 00'25" 001 02'02" 004 00'51" 002 00'27" 001 00'25" 001 00'26" 001 00'25" 001 00'31" 001 00'26" 001 00'31" 001 00'25" 001 00'25" 001 00'25" 001 00'25" 001 00'42" 001 00'29" 001 00' 31" 001 00'37" 001 00'31" 001 00'26" 001 00'26" 001 00' 13" 001 00'22" 001 00'21" 001 00'36" 001 00'22" 001 00'15" 001 00'23" 001 00'26" 001 00'22" 001 00'25" 001 CMDl:t 009 011 013 015 017 017 017 017 017 017 017 017 017 017 017 017 017 017 017 017 017 017 018 018 018 017 018 017 018 017 018 018 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK F" ( , ** TX CONF I RMA111JN REPORT ** ( AS OF MAY 23 '03 'i~'59 PAGE,01 ClTY OF MERIDIAN DATE TIME TO/FROM 23 OS/23 13:50 PUBLIC WORKS 24 OS/23 13=51 12084664405 25 OS/23 13:52 8841159 27 OS/23 13:54 2088840744 29 OS/23 13:56 2088467366 31 OS/23 13:58 8985501 32 OS/23 13:59 LIBRARY MODE MIWSEC PGS CMNt STATUS UF--S 00'13" 081 018 OK EC-S 00'22" 001 018 DK EC--S 00'21" 001 018 OK EC--S 00'22" 001 018 OK EC--S 00'23" 001 018 OK EC--S 00'22" 001 018 OK EC--S 00'25" 001 018 OK -------------------------------------------------------------------------------------------- ? LeaSt ?oSi .frr ?uh-liG flo-h'&, - (nM?t-s! CITY OF MERIDIAN PRE~COUNCll MEETING AGENDA Tuesday, May 27. 2003 at 5:45 p.m. City Council Chambers 1. RolI.call Attendance: _ Tammy de Weerd _ Bill Nary Cherie McCandless Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda; 3. Executive Session per Idaho Code ~67-2345(1)(b): (15 minutes-) 4_ Discussion with Eric Davis 'Retail West) regarding Earth Teoh I Ten Mile Interchange Budget: (20 minutes") 5. Assessment Briefing by Ada COLloty Assessor Bob McQuade: (10 minutes*) 6. Discussion of SAGE - Follow Up: (5 minutes.) 7. Blakeslee & Associates - Follow Up: (5 minutes*) 8. Discussion of Computer Usage Policy by Stacy Kilchenmann: (5 minutes"') 9. Discussion of Finance Report with Finance Department: (5 minutes") 10. Discussion of Budget Iterns Policies: (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 COlll1.u Pr..CDlIl1cil Ag<ndll- May 27, 2003 I'll&&l of I All mattri.oIs pr..ontad at J>lIblie m.ow,gr; ""all b=mc propmy Dfllle CilY DfM<ridUm. Any".,e desirint "cDmmo~Ol1 fot di.obiJilios NI21cd to <Iocumoms ""dior heo.rinSl' pi.... <Dntllt.t the City CJ.sk'. Offiee ot as84433 atlell6t48 hour. 1"'<>1'10 the publk mecling. (. t. ** TX CONF I R,..,,!ON REPORT ** AS OF MAY 23 'El3 1~ ._J PAGE. Ell CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDt! STATUS 01 OS/23.14:0092El83776449 EC--S 00'21" 001 018 OK 02 OS/23 14: 01 208 388 6924 EC--S 00'24" 001 1318 OK 03 OS/23 14:02 2088886854 EC--S 00'21" 0131 018 OK 04 OS/23 14: 02 8950390 EC--S 00'22" 001 018 OK 05 OS/23 14: 04 Laure 1 EC--S 00'22" 1301 018 OK 06 OS/23 14:05 ADA CTY DEVELMT G3--S 1313'40" 001 018 OK 07 OS/23 14:06 CHERIE MCCANDLES EC--S 00'26" 001 018 OK 08 OS/23 14:07 CHERRY LANE EC--S 00'25" 001 018 OK 09 OS/23 14:08 POST OFFICE EC--S 00'32" El01 018 OK 10 OS/23 14:e9 208 888 1983 G3--S 00'29" 001 018 OK 11 OS/23 14: 113 ID PRESS TRIBUNE EC--S 00'22" 1001 018 OK 12 OS/23 14:11 21088886700 EC--S 00'22" 001 018 OK 13 OS/23 14:16208 387 6393 EC--S 00'21" 001 018 OK 14 OS/23 14:20 3810160 EC--S 00'32" 001 e18 OK ---------------------------------------------------------------------~---------------------- ~ /) aSe. l' oSi frr? uh-~'G Y7.bh 'Ct!. - (naHC f:-S ( CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, May 27, 2003 at 5:45 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ Sill Nary Cherie McCandless Keith Bird - _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Executive Session per Idaho Code ~67-2345{1)(b): (15 minutes-) 4_ Discussion with Eric Davis: (Retail West) regarding Earth Tech I Ten Mile Interchange Budget: (20 minutes~) 5. Assessment Briefing by Ada County Assessor Bob McQuade: (10 minutes*) 6_ Discussion of SAGE - Follow Up: (5 minutes~) 7. Blakeslee & Associates - Follow Up: (5 minutes*) 8. Discussion of Computer Usage Policy by Stacy Kilchenmann: (5 minutes*) 9. Discussion of Finance Report with Finance Department: (5 minutes~) 10. Discussion of Budget Items Policies: (5 minutes*) ~ Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as a guideline only_ MeridUm City C."".il Pr.-Couocil A&<ndo - M~y 27, Z003 rot" 1 of] A1lllllltaW. pr"lII\lOd at public meoliog.."oIl b<<:omt prop>ny oftht>Cily orMoO~ Any"'lO do$iring ....mmo<l>:ion fordi..hil~iO$ ..IOU<lIO do<umonu ""dlo. burin!:" pi..", oon(1Cl tho CityClorl<'. Offi...t 888-4433 ot 1.B&t 4S hour. p,;orjo tho poblic "",.Iin!:- May 23, 2003 Pre-Council Meeting MERIDIAN CITY COUNCIL MEETING APPLICANT May 27, 2003 ITEM NO. 4 REQUEST Discussion with Eric Davis (Retail West) regarding Earth Tech / Ten Mile Interchange Budget: AGENCY COMMENTS CITY CLERK: See Minutes from Approval CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: .,. ~/~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ~ ~ == 0 ~ 0....00 ./IIIIl <J) ~=<J) ~~~ ~...."" < = ~ 5 Q) Q) o 5 -= ~ ~~ ~ ~ ^~ CI) <J) ~ ~>~ u Q) ~ ~~. 0 5-;~ ~ .~ Q) u~ ~ ~ ./IIIIl ~ Q) ~ ~ e I t>5~ ~ 0 ~ <J) U ~ ~ ^~ <J) Q ~ bIJ ~~ ~ = ~ ~ ~ ~;::~ <J) = U ~ <J) ;.. e'd ~ <J) S ./IIIIl = ~~~ ~~C'd Q C'") f$ ~ g Q c:--.3 0;: ~ ;::; ~ o >- ~ <<( 0 ::L S o .... 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"" to. aJ..:~~-: 0 oOM~:g~$:e~S13 m"'~'" a;~~~~~~.~~ ~I ...'" ..- ....... -.... ....- N -- ..... ... - 0000000000000000 oooocooooo ~J 0000000000000000 1000000'0000 00~~~~g~~~~~i~~~~~~~~i~~6~ ----_____~______~e___~ E l'I:I IT ., '"5 ::E 'tl C l'I:I 00000000000000000000000000 ocog~~~~~~S!S~~~~~EEEEE~~a ;ooooo"'e~~~~~~~,s~SSSSS~~~R c en III c: .2 .. :e "C < ~ c ~ "C Ui III It '3 o J- ;000002~~~~~2~;~mm~i~~~!~~~ ocoooooooocooocooooooooooo s 00000000000000000000000000 ~ ~1~_N8~88~882~~~~~:e~:ee~N~~~~ :o!l ~~~~:<l~~~....~~~~~~~~~~lHl~~~~?i.: :l e .t: g ~ 8 QW c: 1! .t: .. -Sl::2 RECEIVED MAY 1 4 2003 PROPERTIES City of Meridian City Clerk Office RETAIL REAL ESTATE DEVELOPMENT' PROJECT SERVICES May 13,2003 Mr. Will Berg City Clerk City of Meridian 38 East Idaho Meridian, ill 83642 Re: Ten-Mile Interchange Concept Design Report Earth Tech Contract Dear Mr. Berg: In accordance with the Agreement dated July 16,2002 between the City of Meridian and Retail West Properties, LLC for reimbursement of engineering fees to Earth Tech on the above referenced design study, we are enclosing herewith a copy of Earth Tech invoice #256618 in the amount of $1 0,829.29 and #259982 for $3,865.96. Eastboume will make payment on these directly to Earth Tech in 100% of the invoice amount. This is to request your reimbursement to Eastboume Investments Ltd. in the amount of $7,347.62 which is 50% of the invoice amount. Eastbourne would prefer the funds be wired directly to their bank, per the attached wiring instructions. If this is not possible, please send a check to Eastboume Investments Ltd., 300 International Drive, Suite 135, Williamsville, NY 14221; Attn: Catherine Byers. As discussed, it has been necessary to increase Earth Tech's contractto a total budget of $90,926.51. I am prepared to present an explanation of the extra work to City Council on May 27. Council had previously approved a split of an $80,000 budget. You may contact me with any questions or issues regarding this reimbursement request or processes for future payments. Sincerely, ~PROPERTIES' LLC P. Eric Davis President Cc: Catherine Byers (wfEnc.), File: n.A.4 (w/Enc.) BOISE CITY NATIONAL BANK BUILDING. 805 WEST IDAHO, SUITE 302 . BOISE, IDAHO 83702 (208) 331-0110. FAX (208) 331-0220 Invoice Remit To: EARTH@TECIt AUn: Lockbox #10683 Mellon Financial Services 5505 North Cumberland Avenue Chicago, IL 60656 Eric Davis Eastbourne Investments, L TO cIa Retail West Properties 805 West Idaho St. Boise, 10 83702 Project Number: 57769 Project Description: Ten Mile Interchange Concept Report Professional Services for the period: 02/22103 to PAYMENT TERMS: NET30DAYS Professional Engineering Services Earth Tech Direct Salary Cost G. Funkhouser D. Thompson S. Chandler E. Behler C.Ream Hours 1.5 70 1.5 18 19 Subtotal - Direct Salary Cost 110 Overhead @ 161.% Fixed Fee @ 13.5% Total Earth Tech Labor Reimbursable Expenses Computer Usage @ 2.2609 x man-hours $ Total Reimbursable Expenses Subconsuftants Total Subconsultants Bud et $ 23,441.73 $ 37,741.18 $ 8,261.06 $ 5,500.00 $ 3,576.03 $ 78,520.00 Current $ 3,655.64 $ 5,885.58 $ 1,288.06 $ $ $10,829.29 TOTAL DUE THIS INVOICE 57769 Inv08.XLS Date: Invoice Number: Internal Reference Number: 417/2003 256618 8 03/21/03 Rate $ 52.89 $ 39.80 $ 27.66 $ 20.35 $ 20.13 Previous $ 22,736.23 $ 36,605.32 $ 8,011.11 $ 5,000.00 $ 1,710.59 $ 74,063.24 4f712003 $ , \r~;." L. .~ i : '~ " . ! $ 10,829.29 50 I,() /lIl1::1U 1<1'0 ~ t9!J5JfXv;9~ -to ;;M-I I ~'(; .J wi /lR/v6. /~ jf/II---Yl (Dl#tl_/ O.K. TO f2o/ fUt,5-!El7 70 L-f1.4U4 t en l.)€ fiYL 01}1..4/./L t" '1 (208) 855-2000 EARTH@T E C H 3071 East Franklin Road, Suite 301 Meridian, 10 83642 (208)855-2000 fax (208)855-2060 Memorandum To: Eric Davis Retail West From: Dan Thompson Project: Ten Mile Road Interchange Date: 4m2003 Re: Status Job No.: 57769.01 For the time period form 2/23/03 to 3/21/03, we completed the following items: Reviewed possible options to comply with the Dan Coonce (ITD District 3 Traffic Engineer) request to eliminate the conflict with Overland Road. One option was selected and a detailed conceptual design was studied and estimated for inclusion in the final report. Earth Tech staff prepared a conceptual design and estimate for the construction of Ten Mile Road up to Franklin Road. This work was done at the request of lTD Staff. Earth Tech staff prepared a conceptual design and estimate for the widening of 1-84 to three lanes betvveen Ten Mile Road and Meridian Road. Earth Tech staff reviewed estimates prepared by ITD staff on another interchange and modified estimates to reflect updated unit costs, additional pay items, add costs for Ten Mile Road construction and increase mobilization and contingency percentages. Earth Tech staff met with ITD staff to discuss comments, made phone calls and email correspondence to ITD staff, clients and other agencies. Invoice Remit To: EARTH@T E C" Attn: Lockbox #10683 Mellon Financial SelVices 5505 North Cumberland Avenue Chicago, IL 60656 Eric Davis Eastbourne Investments, L TO c/o Retail West Properties 805 West Idaho St. Boise, ID 83702 ProjectNumbe~ 57769 Project Description: Ten Mile Interchange Concept Report Professional Services for the period: 03122103 to PA YMENT TERMS: NET 30 DA YS Professional Engineering Services Earth Tech Direct Salary Cost D. Thompson S. Chandler E. Behler C.Ream Hours 20 7 2 13 Subtotal - Direct Salary Cost 42 Overhead @ 161.% Fixed Fee @ 13.5% Total Earth Tech Labor Reimbursable Expenses Computer Usage @ 2.2609 x man-hours $ Total Reimbursable Expenses Subconsultants Total Subconsultants Bimn Summa Direct Salary Cost Overhead @ 161.% Fixed Fee @ 13.5% Subconsullants Expenses Total Bud et $ 23,441.73 $ 37.741.18 $ 8,261.06 $ 5,500.00 $ 3.576.03 $ 78,520.00 Current $ 1,305.03 $ 2,101.10 $ 459.83 $ $ $ 3,865.96 TOTAL DUE THIS INVOICE 57769 Inv09.XLS Date: Invoice Number: Internal Reference Number: 5/1/2003 259982 9 04/18103 $ $ $ $ Rate 39.80 $ 27.66 $ 20.35 $ 21.13 $ Previous $ 26.391.87 $ 42,490.90 $ 9,299.17 $ 5,000.00 $ 1.710.59 $ 84,892.52 5/1/2003 Cost 796.02 193.62 40.70 274.69 $2,358.09 f 573.57 . $. 120.57 $....813.73 $ 1,305.03 . . '.'d,"',' , '_' . ',.- ;: - -, ~- - ~, " ' '-. ,.";,,,,-,,.'. '.^ $ 2,101.10 $ 459.83 $ $ "...: $ 3,865.96 .)0 j jJ1{:rll(:>lA, f::./If57/5;u4 M ~ ?{;~ ItitJ) ~/ 12Ft #'/ p. /5;/ C/7y ~ fi0J6?7 -r v "..-;p/' DtfIt07- OULMt t-- o.rYc..t -PYOtVl?O-. . - . tJI5 t C--> S Ibv <) J ~5 00 (208) 855-2000 " EAR T H ~ TEe H 3071 East Franklin Road, Suite 301 Meridian, ]D 83642 (208)855-2000 fax (208)855-2060 Memorandum To: Eric Davis Retail West From: Dan Thompson Project: Ten Mile Road Interchange Date: 5/1/2003 Re: Status Job No.: 57769.01 For the time pertod form 3/22/03 to 4/18/03, we completed the following items: Responded to ITD and FHWA comments. Significant comments concerned 1-84 and Black Cat Road. Finalized Preliminary Concept Report and distributed to Retail West and to the City of Meridian. /. (.>.. . < . Eastboume Investments Ltd. 300 International Drive - Suite 135 WilframsviUe, NY 14~1 Telephone 716.842.6054 - Fax 716.842.3034 C" . . Inbound Wiring IDstruetions Beneficiary Bank RBC Centura 2000 Randolph Road Charlotte NC 28207 ABA Routing Number 053 100 850 To Credit .Account Eastboume Inves1ments Ltd. 0790 111 804 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Monday, June 24, 2002 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: x X Tammy de Weerd X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Rebuild America: Approve B. Summary of Publication for Ordinance No. 02-955: ZA 02-001 (Amberstone Zonina Amendment) Request for amendment to Zoning and Subdivision Ordinance by Jim Jewett and B & A Engineers: Approve C. Lease Agreement with Chamber of Commerce: Table until July 2,2002 meeting 4. Department Reports B. Finance Department - Stacy Kilchenmann: 1. Finance Report Presented 2. Travel POlicv: Revisit with Input 3. Purchasina Policv: By Resolution 4. Capital Improvement Plan: Presented 5. (Items Moved from Consent Agenda) ~ 6. Partnership with Retail West on Preliminary Concept Report for Ten Mile Interchanae: Approve - Attorney to Prepare Agreement Meridian City Council Agenda - June 24, 2002 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting June 24, 2002 Page 140f32 Corrie: Mrs. De Weerd. De Weerd: On the capital improvement plan, you'll be taking that to the Department Head meeting next week and when will we see it back again? Corrie: Let's hope not more than two weeks. Kilchenmann: Mayor and members of the Council. We can discuss it in the Department Head meeting. Everybody has received a copy of this. They got it last week so they've all seen it. We can have it whenever we schedule our meeting together. Maybe it's something that we can include the Department Heads that a re affected by this. We talked earlier that we'd schedule a session with like a pre-Council meeting so we can include them too. 5. (Items Moved from Consent Agenda) Corrie: Okay. I (inaudible) go to Eleven C, right? Okay. Number six then. Partnership with Retail West on Preliminary Concept Report for Ten Mil Interchange. 6. Partnership with Retail West on Preliminary Concept Report for Ten Mile Interchanae: Corrie: I've asked Eric Davis to be here this evening to kind of go over the plan. I think you all have the Retail West pamphlet that we had discussed. I might have Eric if you would come up and kind of give them a rundown of what we're doing or you would like to do here and then if they have any questions on this. Davis: Sure. Thank you. Members of the Council and Mayor. It's been probably since February that we did a-we got our study a nd proposal done. We've made a lot of progress. We've been out and had several meetings with the Mayor and I want to tell you that I can give you the background of who I am and how I represent Eastbourne and how we've assessed this from a development standpoint. Gary Funkhauser's here with Earth Tech, who authored the proposal and he can talk about that in detail and how we get-how you do an interchange from A to Z. Backing up a little bit, I've been engaged by Eastbourne to work on the project and do their development services here locally. We've a-Mike Ballantine with Thornton, Oliver and Keller has listed the property and for interest with nationwide. We've developed a real strong feeling of support from the City and the neighbors. We talked to all the property owners in the immediate vicinity. The remarkable thing is that there's probably-you stand and look north, there's two square miles there and probably represented by a half a dozen to ten property owners. It's a remarkable opportunity. The location has been designated and a lot of hard work by COMPASS and yourselves in the past. We went around and sort of validated all of the support that's out there. We've met with Dwight Power of ITD and Pam Lowe and COMPASS, Mike Wardle and we've picked away at the private side and the public side and the planning side and, you know, is this real. Eastbourne has a significant investment out here and they are of the persuasion with the capability to finance the private side of a 50-50 share on a new interchange. There's been a Meridian City Council Meeting June 24, 2002 Page 15 of32 handshake here with ITD to say that you go out and see if you can muster that half and we will support you as we did at the Isaacs Canyon interchange. We've taken a look at what is that. Fingers and toes. Is it a $10 million dollar interchange? Is it a $15 million dollar interchange? The study that we're proposing to do will answer that. Among other things, it will give us a number. On the other side of it, to drum up the private investment, we've been-first off, I can tell you Eastbourne is able and willing to put up half the money with the understanding and commitment that they are able to recover some of that investment. We've gone-I've been to each property owner in the immediate area. We've talked about this in concept. So far, I haven't had anybody say-well, with rare exception (inaudible) have anybody say, look, this isn't going to work. You're crazy or no, I'm not interested. I think everybody sees the benefit. I really have never-I mean, I've been doing shopping center work for over 20 years and- ***End of Side One*** Davis: ~-of a time at which things are lined up so well. So, I, you know, I'm here to answer any of the questions you have but I wanted to let you just-at least offer a few things as to what if you choose to participate in this study with Eastbourne in what we've got and what does the project have. You know, to show an alliance at this point when. we're kicking off a project that will be, you know, looked at all over and it'll go to the highest levels of Federal Highway and ITD, it's real important that we show an alliance. This is a real good way to do it for creditability with tenants, with businesses that are courting property owners. I think it's a great show of leadership and stepping out in the right direction. Arm in arm and hand in hand and you'll be able to participate as we go along with Earth Tech. Most of all, we'll find out what this thing will look like and what it will cost within four to five months. It was very important to Eastbourne, you know, being from Toronto and to know that they had a partner in this. It's a big thing to step ahead and do this on your own but to have an alliance with the City that will host this is a big move. I'm hoping you can help us out. Corrie: Any questions? De Weerd: Mr. Mayor? Corrie: Mrs. De Weerd. De Weerd: It mentions in your letter that you would like the City to share in the cost of this study. What kind of amount are you looking for? Davis: This, right now, the proposal that Earth Tech has, I think the fee in there is $68 or (inaudible) $66,000. We just thought that, you know, as things go and questions will come up and we may have other things you want to study in a little more detail and it might be fair to allow $80,000 for this and give yourself some margin at this point. This is a preliminary study. De Weerd: And what would be our share? Meridian City Council Meeting June 24, 2002 Page 16 of32 Davis: We figured half. That was our proposal. They're willing to put in half if you're willing to put in half. . De Weerd: Okay. Mr. Mayor, what budget would this come out of? Corrie: This would-I've talked with Gary. We could borrow from the interchange fund and then with the latecomers fee, pay it back with the interest that we had there. De Weerd: Is that the enterprise fund? Corrie: I'm sorry. What did I say? De Weerd: The interchange. Corrie: Oh. Interchange fund? Enterprise Fund. I'm sorry. I had talked with Gary about that. I haven't gotten an answer from him yet. De Weerd: Hey, you get a percentage right there. Corrie: I don't know what that would come out of. Mr. Bird. Bird: Mr. Mayor. Eric, would you want-I mean, I know Earth Tech up there, the successful people will be billing on a monthly deal at that point. Could we pay our 50 percent or do you want the money up front? Davis: Oh, it would come later or whatever you're comfortable with. Bird: I, for one, don't see any problem with Enterprise Fund. Funding some back like this, we can get it back with interest. I'm sure Eastbourne wants to recover their costs in there. I'm sure the City would want to. I, for one, believe that this is a real opportunity. We know that the more we help, the sooner, I hope, the sooner we will get that interchange out there. You know, there is no guarantees regardless of how much money you throw at it but I think anything you do will definitely help and I'm definitely for that. I see no problem with helping something like this. Davis: I appreciate that. To sort of keynote that-and I contrast this to a developer who would ordinarily say, well, I will do this. I will put this interchange together but I just need more (inaudible) signed up first or I just got to have J.G. Penney's. As soon as I get a letter of intent, we'll go ahead. Here's the private side willing to make infrastructure improvements regardless of that just for the sake of the fact that they've done this before. They know they're in the path of progress. They know that there'll be value there. I think it's really a unique circumstance. De Weerd: Mr. Mayor? Corrie: Mrs. De Weerd. Meridian City Council Meeting June 24, 2002 Page 17 of32 De Weerd: You know, I agree. I think that this is something that-a third interchange has been very needed in this community and this is exciting to hear that kind of all of the things a re aligning the way they're supposed to and this is ana pportunity that if we didn't participate, we would not be doing our citizens-we would not be representing our citizens in a good way. I think when you start driving in our traffic and seeing how-we know, realistically, with everyone's funding issues that if you don't get this kind of partnership, we will not get an interchange at Ten Mile. We all realize that and this is an opportunity that we should be active participants in as well. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I certainly would the have this interchange at some point in the future but, just so I'm clear, ITD doesn't want to participate at all in the cost of the study. Davis: You're right. Nary: They're willing to put in the cost at some point in the future for half but not in the. cost of the study. Davis: Right. You have to validate that. It'll go further. There will be plans that have to be done. Gary can speak to these. He knows much more the process than I do. They will basicalJy-1 guess the process we have to go through is get a letter of intent with them. Dwight Power will take the proposal to the board and once we know what it is we're talking about. Nary: So, they're waiting for this study to really want to come to the table. Davis: Yes. So we can make our deal. Then we say, okay, it's a $12 million dollar interchange and it'll look like this. We've got all of our facts and figures and they can then make a rational decision as to what it is they're agreeing to do. At that point, I'd expect that 50-50 split on the cost from that point forward. The half ITD, which is Federal funds, and half private side, which would be Eastbourne and the other property owners. Nary: On the other property owners that are there, as supportive as they were, they weren't necessarily wanting to help pay for the study to get that there so they could sell their property. Davis: We asked. There's various levels of, I guess, develop of blood flowing through that group. Some people just are farming. There was a pretty good consensus that, yes, we realize there'll be increased value out there and if that day comes, we'll be able to pay. We'll be glad to pay. De Weerd: They want to see proof. Meridian City Council Meeting June 24, 2002 Page IS of32 Nary: But isn't that the same-isn't those some of the same people that assisted in paying for the Ten Mile sewer study? Aren't those property owners some of the folks that paid for that? De Weerd: No. Nary: Oh. I mean, I think it's a good idea. I'm disappointed that ITD doesn't want to assist and participating in the plan. Davis: They're really stretched. I mean, if you listen to them, it's really-and they just sit there and say, you know, Mr. Davis, this interchange is an approved location we'll grant you that. It's on the list but it may not happen for 15 years if somebody doesn't step up and make it happen. It's a developer's challenge, you know. Nothing happens unless you make it happen. So we're doing the best we can. You know, I don't blame them. They've got a Jot of things out there that are undone and higher priorities, I suppose. It's an unusual opportunity to have someone step up with half of the money. We just have to do our best to make that happen. Corrie: The possibility of improving this and bringing it up even closer is this right here. Davis: Oh, yes. Corrie: In talking to Pam Lowe, she said this will move you, if it moves at all. This will do it. We have the developers, same thing we had at that Canyon interchange down there. We had a developer put in half of it and it moved right along. They have like, what is it, five districts they have to work with at the board. District three is not the only one but it can move that interchange up and they're also looking that they have to improve the Meridian interchange to get the road capacity to Nampa. This is something else that they're looking at because they can't tear this Meridian interchange down until get the Ten Mile in. That's also an incentive for them to move. We're helping them move it and the City's behind us. The developer is behind it and they can say okay then let's do it. It's the roll of the dice. We know that as far as time. From what I'm hearing from ITD, they would like to have the study so they can go forward with it now. That's why I want to bring it to this Council. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd like to make one statement to test that we learned on the overpass. The Locust Grove overpass. I would prefer the see the City and the private partner up and get this study done. If you get ITD in, they're going to bring Federal money in and it just kicked us 24 months down the road when they brought the Federal money in. ['ve--Iet's get the private-I'm shocked like Mr. Nary that more of the developers and land owners out there wouldn't divvy up but I'm sure that they will in the end pay their share. I, for one, see that I think there's a way we can get it. I think it's very beneficial to the Meridian City Council Meeling June 24, 2002 Page 19 of32 community. If it can move that interchange up six months, it's beneficial. The longer we keep the Federal money out, the faster we can go. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I appreciate the reminder from Councilman Bird. So let's just get on with it. De Weerd: Thank you. Corrie: If we are through discussing, I will entertain a decision from the Council with Davis to want to go partner-shipping. Mr. Bird. Bird: M r. Mayor. J would move that we get into the preliminary concept report with Eastbourne Development on the Ten Mile interchange, have an agreement drawn up by the attorney for our approval and if it meets our approval, the Mayor to sign and the Clerk to attest. De Weerd: Mr. Mayor? Corrie: Mrs. De Weerd. Let me get a second. Nary: Second. De Weerd: Before I was to second that, I wanted to make sure it was the proposal by Gary Funkhauser of Earth Tech to do this in partnership with Retail West. Corrie: Okay. Bird: Well, have they decided that Earth Tech is the-okay, I'm sorry. I would go along with that that we do it and also if the second would agree, this is not to exceed $40,000 unless it comes back for another review. Nary: I would concur. Corrie: Okay. Any further discussion? Okay. Roll call vote, Mr. Berg. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. MOTION CARRIED Corrie: Okay. Thank you. Davis: Do you have any questions of Earth Tech? Corrie: Does anybody have any questions for Gary? Meridian City Council Meeting June 24, 2002 Page 20 of 32 Bird: I don't. His proposal looked very clean, very clean. I'm familiar when they- Corrie: You've had a lot of experience with this. Right Gary? Bird: They do great work. Davis: I had Federal highway people call me that said-about an hour conversation about telling me the rules of the road and how it was going to have to be and I said well- De Weerd: Do you want to speak in the microphone? Corrie: We'll put it on tape. Bird: We want to get it on tape. Davis: I'm sorry. Yes, Federal highway-we've been checking around and they called me on the phone, a couple of guys on the speaker, and they had me going for about an . hour about all of the, you know, it's going to be a rough road and you'll have to be very diligent and these are the rules and I know there are rules but I'm going to learn a lot more, I suppose. Then I said, well, Gary Funkhauser is going to run this for us. Oh, they said, now that guy knows (inaudible) and got me off the hook. De Weerd: So, how to throw names around, huh. Davis: Yes. The right ones. Bird: Yes. Right ones. 7. Tabled from June 11,2002: Ordinance No. 02-956 Allowing for Criminal Backqround Checks on applicants of permits I licenses with the City Clerk's Office: Corrie: Thank you, Eric. Thank you, Gary. Item number seven is an ordinance. Ordinance 02-956 allowing for criminal background checks on applicants for permits and licensed with the City Clerk's office. S 0, Mr. Clerk, if you'll read t he Ordinance number 02-956 by title only please at this time. Berg: Thank you, Mr. Mayor and members of the Council. Ordinance number 02-956, an ordinance of the City of Meridian amending sections 3-1-6 to delete and change language in sub-sections 3-1-6A and B and to enact a new sub-section 3-1-60 to be known as authorization of FBI National Criminal History Record Checks and to enact a new section 3-1-8 to be known as an Appeal From Denial Of License repealing all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled in applying for an effective date. May 23, 2003 Pre-Council Meeting MERIDIAN CITY COUNCIL MEETING APPLICANT May 27, 2003 ITEM NO. 5 REQUEST Assessment Briefing by Ada County Assessor Bob McQuade 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: k1.;:; ~s? Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. 5/27/2003 Meridian City Primary Roll Assessment Notice Summary 5/27/2003 Total Meridian City Market Value Total Meridian City Taxable Value 2003 Citv Total 2,842,324,900 2,307,276,773 2002 2003-02 % Change 2,485,110,900 2,001,383,311 14.37% 15.28% Urban Renewal Area Breakout Meridian MDCI 10,356,0001 Residential Residential Market Value 1,940,977,100 Residential Parcel Count 16,106 (Residential includes manufactured Homes) 1,689,034,100 14,663 14.92% 9.84% Commercial Commercial Market Value 901,340,000 Commercial Parcel Count 2,128 (Commercial includes Personal Property) 796,076,800 2,214 13.22% -3.88% New Construction Comparison of Previous Year New Construction Residential New Residential Count Commercial New Commercial Count New Subs/Change Status I 181,071,0731 132,734,974 36.42% 78,401,952 68,687,474 14.14% 8711 753 15.67% 48,612,000 30,633,800 58.69% 541 41 31.71 % 54,057,1211 33,413,700 61.78% Increase Estimates % value increase of existing residential improved properties 3.11 % averaae 5.52% 2.65% median 3.70% 2.71 % averaae 6.34% 0.14% median 3.73% % value increase for existing commercial improved properties Residential Property Tax Burden Commercial Property Tax Burden (Operating Property & Sub Roll Included in calculation) Assessment Notices Assessment Notice Mailing Datel 5/27/20031 58.57% 41.43% 5/24/20021 RECEIVED MAY 2 7 2003 CITY OF 1v1ERIDIAN May 23,2003 Pre-Council Meeting MERIDIAN CITY COUNCIL MEETING APPLICANT Blakeslee & Associates May 27, 2003 ITEM NO. 7 REQUEST Blakeslee & Associates -- 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: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: ~dJ en ryJ tv ~ 1 t1 L" boY (1'0 rtpr"-'l OTHER: See Attached Letter from Blakeslee & Associates Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED MAY 21 2003 Blakeslee & Associates PO Box 2592, Boise, Id 83701 208-345-4133;dabtime@mindspring.com City of Meridian City Clerk Office May 27,2003 A. It has now been 8 months since the results of the Meridian City Customer Service Project were turned over to the perspective departments to utilize in strengthening and improving their service. It is time to implement the next step in the process- a formal internal follow-up to see: . How the two departments are doing with all the information that they received. . What new processes they have developed. . What kinds of challenges have occurred. . What customer service training is still needed. . What has been the response to them from their customers. I want do this process by personal interviews with the directors and managers plus a confidential questionnaire to each employee of the department so that they can give us a candid perspective of what is happening. The results of the interviews and survey would be distributed and discussed with the City Council. I want to, also, meet with each department as a whole and discuss the results and do necessary training as I did in the past. It is essential to get candid feedback from your employees now to see what progress is being made or what adjustments need to be done if necessary before B. B. Your customers and we have discussed the need to follow-up with the same questionnaire/interview process with the same 109 external customers, probably starting late September which would be a year from the time the results of the survey were discussed and acted upon. The total investment financially would depend on what work is chosen i.e. how many employees/managers are included in the survey and personal interview process and if the results would require additional training. The initial project was $15,000. This project would be the same or less depending on the scope of work. 1 RECEIVED ,. . MAR .. j 2003 City of Meridian City Clerk Office or ~. ~ Blakeslee & Associates. , PO Box 25929 Boise, Id 83701 . 20S.a45-4133;dabtime@mindspring.com FebIJIary 21,2003 . '! Mayor Robert Corrie Council President Tammy de Weerd 33 E. Idaho Avenue Meridian, ID 83642 Dear Mayor Corrie and Council President de Weerd, 'I> .., It has now been 5. months since the results of the Meridian City (Customer SeIVice Project were turned over to the persPective departments to utilize in strengthening and improving their , service. It is time to implement the next. step in the process-a formal internal follow-up to see: ~ · How the two departments are dOing with all the information that they received. · What new processes they have developed. ~ . What kinds of challenges have occurred. . What cuStomer service training is still needed. . What has been the response to them from their customers. ... .. . , I want do this process by personal interviews with the directors and managers plus a confidential questioIlJIaire to each employee of the department so that they can give us a candid perspective of what is happening. The ~esults of the interviews ~d survey would.be distnouted and . ~ discussed with the City Council. I want to~ also, meet with each department as a whole and discuss the results and do necessary training as I did in the past Since we and your customers have discussed the need to follow~up with the same Q4estionnairefmteIView process. with the same 109 external customers, probabiy starting this late summer or early Fall, it is essential to get candid feedback from your employees now to see what progreSs is being made or what ad~stments need to bedone ifnecessary.. ' .' I would like to meet and discuss how this would occur. The total inveStment financially would ~ depend on what work is chosen Le. how many employees/managers are included in the survey and. personal interview process and if the results would require additional training. .. Please let ~e know what you think of this proposal. We could qleet to discuss it in much more detail then I could project the cost-factor. I will be out-of-town until March 3 but would like to meet with you that week if at all possible so we can get the ball rolling on this. I have tleXloility in my schedule on 3/5,6,7 so please let me know what will be convenient for you. ". Best "regards, ~. President Blakeslee & Associates ? " "i' !J . -" a "" b "l> ... May 23, 2003 Pre-Council Meeting MERIDIAN CITY COUNCIL MEETING APPLICANT Finance Department May 27, 2003 ITEM NO. 9 REQUEST Discussion of Finance Report with Finance Department AGENCY COMMENTS ClTY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FlRE 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: ~e-J- ~ ' ../ ;?& f-'~ 1) ~ fro' 00 YL (CtJ, -rc ~ Ut s ~ ty{9( J-v6vV" 71Y' F( /( I . fY'" ~ (/ tJ pr4 Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. z o '" ti: <[ ll. :E o <> uJ !( o ~ ~ a: 0 01( ~ W M ~ . 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"''''''' "'0"' ~~~ ...."""1-.0- M..,.r-W "''''- ui~&7I N..'" &t,;,;~ "';t,.", .o"-"7r-- Mr-v(l'J ~.y...tg WOr..W iD<OON I.O"'-;;OCQ mccmm Wr;'\l~""" onlJHt.IIN , '" ell :J r:::: ~"1ti ~:J UI~ ~ 0 '~ ~ Ql ell tI),g' :J a:l 0........0 -a:l0l-1XI WNr--m ~m~~ "'0"' o-NO' 0"'''' fim~ "''''''' "1ti '0 ell C. tI) ~R ~g 83~ \1 > '" w ., ~ '" ~ ~ ., u <I ~ I- ~ ~~~~8 o !;: '0 ~ ..... ~~~ '" '" '" :J :J :J c: c: c: '" '" '" > > > '" '" '" a:: a:: a:: 1m1llO ..... ~ ..... ~ ..... ..... ~ ~ ..... ~ CITY OF MERIDIAN FY2003 POTENTIAL BUDGET AMENDMENTS as of April 30, 2003 RECEIVED MAY 27 2003 CITY OF MERIDIAi' ENTERPRISE FUND F d D t D bOt C d' D un epl e I re It escnp 60 WWTP $ 150,000 increase cost of DAFT construction (wastethickener) 60 WWTP $ 433,320 addt'l funds needed for BlackCat & SouthS laugh trunklines 60 WWTP $ 125,107 increase for Boise River Repair/Creek Crossing projects 60 Water $ 20,000 move money from operating acct Wells Main! to Capital Equipment for 60 Water $ 20,000 2 Well VFD drives for Well 15 & Well 11 60 $ 708,427 Decrease Fund Equity Transfer ENTERPRISE $ 728,427 $ 728,427 $ - 1TransferTo (From) Fund Balance GENERAL FUND 01 FIRE $ 20,408 equipment for new firetruck #301 move money from operating 10 capital $ 20,408 I FY02 Year-End Fund Balance Transfer from Special Serv Fund to Cap Imprv 50 Bldg $ 320,759 Fund 50 Blda $ 320,759 50 BldQ $ 14,360 increase rent for Building Department 50 Bldg $ 1,700 increase phone expense for Building Dept move 50 Bldg $ 1,000 increase computer expense for cabling Build Dept move 50 Bldg $ 17,060 Decrease FY03 Special Service Fund Transfer to Capitallmprov Fund 01 Other Gov $ 40,000 Ten Mile Exchange Study not budgeted for 01 FIRE $ 101,578 increase enhancements for the Rural share of 25% 01 FIRE $ 101,578 increase revenue from Rural Fire for their 26% share of 03 enhancements 01 FIRE $ 140,000 Holdback - decrease #3 wages - 3 months salary savings 01 FIRE $ 7,500 Holdback - decrease Sta#3 operating 0 station won't open this fiscal year 01 Police $ 25,000 HOldback - decrease wages - will not hire PT Crime Prevention Officer 01 Admin $ 10,000 HOldback - decrease budget for Centennial Celebration in #1840 01 Admin $ 99,015 Holdback - FY03 transfer to Capital Improve Fund from General Fund 01 Admin $ 75,000 Holdback - decrease City Hall building construction budget 01 $ 316,515 Revenue Reduction GENERAL FUND $ 816,320 $ 816,320 $ (O)lTransfer To (From) Fund Balance ITEMS UNDER CONSIDERATION 50 Bide Increase Building Department Revenue and Contracllnspector Expense 60 WWTP $ 100,000 increase costs for Boise River Rpr/Creek Crossing #96152 60 WWTP $ 100,000 savings from the UVlFive Mile #96109 01 Parks $ 176,620 receipt from ACHD for Storey Park right of way purchase 01 Fire $ 16,026 receipt from ACHD for Franklin Rd right of way purchase $ 192,646 Revenue Increase 01 Recreation $ 3,700 Transfer appropriation from Council to Parks for Recreatlon€oorolnalOrf"=~7, z.... 01 Council $ 3,700 </ 01 HR $ 25,000 transfer appropriation to HR from Council for Aspireon contract 01 Council $ 25,000 TOTAL $ 321,346 $ 321,346 $01 [$ord~ 1 of 1 May 23,2003 Pre-Council Meeting MERIDIAN CITY COUNCIL MEETING May 27, 2003 APPLICANT Finance Department REQUEST Discussion of Budget Item Policies: ITEM NO. 10 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: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: Contacted: COMMENTS Date: Phone: Materials presented at public meetings shall become property of the CIty of Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 27,2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: x )c Tammy de Weerd Cherie McCandless >< Mayor Robert Corrie )C Bill Nary x:- Keith Bird , 2. Adoption of the Agenda: ~ V\e...- 3. Consent Agenda: ~o ~ ~) A: Approve minutes of April 22, 2003 Pre-Council meeting: q'fJhJr~ B:" Approve minutes of May 13, 2003 City Council Regular Meeting: ttj7(h"t9v-<,- Findings of Fact and Conclusions of Law for Approval: CUP 03-010 Request for a Conditional Use Permit to obtain a Dealers License and sell quality used cars and trucks in an I-L zone for Finish Line Automotive by Lyle Lee Kallenberger - 44 Northwest 10th Street C1j/JJ I~ v-.e.- Findings of Fact and Conclusions of Law for Approval: AZ 03- 005 Request for annexation and zoning of 61.33 acres from RUT and C-G zones to an R-8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: o//'TVVI-L Findings of Fact and Conclusions of Law for Approval: PP 03- 003 Request for Preliminary Plat approval of 172 building lots and 16 other lots on 61.69 acres in a proposed R-8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: a?~V''^- Findings of Fact and Conclusions of Law for Approval: CUP 03-007 Request for a Conditional Use Permit for a Planned Development for 146 detached single-family dwellings, 20 townhomes, 6 office lots, 6 shared driveway lots, 16 open space lots, including addition to community park in a proposed R-8 zone ~ i -'. Meridian City Council Agenda - May 27, 2003 Page 1 of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. for proposed Verona Subdivision by Prime land Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: ~v..e.- G. First Addendum to Development Agreement: MI03-003 First Addendum to the Development Agreement for Fairview Lakes by Fairview Lakes, LLC - 824 East Fairview Avenue: <<fp!-ov-<- Jv.. Finance Report: ~l90e- 4. Department Reports: A. Planning and Zoning Department: 1. Discussion of Request from Farwest LLC for Return of Road Trust Fund Deposits (Pedestrian Bridges in _ Thousand Springs Subdivision): P.fZ/Je,ot. a/ilL c-6tn/h- c t;'7Y)'1 rr...e-r.-f-f ~h'1. n.e;YA b<<>/'".r 5. (Items Moved from Consent Agenda) 6. Resolution No. : Accepting Community Planning Association of Southwest Idaho Report Number 1-2002: 'f!r-6&. /-.:> . 6--:7-0g :1: Resolution No. tJl J - 4v:3 Adopting Sewer Easement Acquisition Policy for Black Cat Trunk Sewer Proiect: c~~vUL .8. Resolution No. &3 - .c/-t? 4- : Imposing a Moratorium on Solid Waste Franchises: v.-p~v-e a.s. ~~ecC- 9( Ordinance No. t7 S - /02-6 Findings of Fact and Conclusions of Law for Approval: AZ 03-003 Request for annexation and zoning of 14.31 acres from RUT to R-8 zones for proposed Timberfalls Subdivision by Dan Wood - south of East Ustick Road and west of North Locust Grove Road: t!Vf)'779 tnL- 10. FP 03-025 Request for Final Plat approval of 4 building lots on 5.76 acres in an I-L zone for Krispv Kremes Subdivision by Clark Development - west of North Eagle Road and south of East Fairview Avenue: t!Vf7/Tt? V'.rl.--' 11. FP 03-026 Request for Final Plat approval of 19 building lots and 2 other lots on 3.1 acres in a R-15 zone for Scottsdale Villas Subdivision No.1 and No.2 by Pinnacle Engineers, Inc. - south of Franklin Road on S.W. 8th Street and Alden Street: arJ7 j'?9 tr>e..-- Meridian City Council Agenda - May '2.7, 2003 Page 2 of 4 -"'" All materials presented at public meetings shall become property oftbe 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. 12. 13. 14. 15. 16. 17. FP 03-027 Request for Final Plat approval of 7 building lots and 2 other lots on 12.08 acres in an I-L zone for Gemtone Center No.5 by Gemtone, Inc. - west of North Eagle Road and south of East Fairview Avenue: qjJ-rc:>v.e- 18. FP 03~028 Request for Final Plat approval of 74 residential lots, 2 commercial lots, 8 common lots, and 1 private roadway on 12.05 acres in R-40 and C-C zones for Locust Grove Place Subdivision by Earl, Mason and Stanfield, Inc. - west of Locust Grove Road and south of Fairview Avenue: czpJOn:>V'<.- Public Hearing: CUP 03-018 Request for a Conditional Use Permit for a bank with drive-thru in an '-L zone for WashinQton Trust Bank by Russ Wolfe - south of East Presidential Drive and east of North Eagle Road: tt-lfrf-ne~ f.c prep~ /It=" el.e. A-r ~Y1!/v-aZ Public Hearing: 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: a:-~1'l2:J --Ao (</Yep &-..e ./'11" f c I {.. -/'w- p? jJn?v-v..-J!- Public Hearing: 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 Fa rwest , LLC - west of North Locust Grove Road between West Ustick Road and West McMillan Road: a/hn-/t€Y To ;9Y'ef:/~ ~d.vL- rer- d.fJ;trr7/v~ Public Hearing: 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: tLhtrrM-!J 10 p.ef'thb -;:y;:.( c./..e ~ 41'?~ Public Hearing: 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: /";. I /', ~ aJhrrnetj !-o Jh1IZP~ -rif}-tc,'..f j-VV ~~ Public Hearing: 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 Under Road: a-ffp-nu:tj ~ pr.ej?t'VeL :f'/~1 o/~ /irr e(j2lrovC'cZ Public Hearing: 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 St. Luke's Meridian Medical Center by S1. Luke's Regional Medical Center - east of South Eagle Road and north of 1-84: (CJ/1,../-ihu.e.. jJ I A 10 6-/0-03 19. 20. Meridian City Council Agenda - May 27, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 21. Public Hearing: CUP 03-016 Request for a Conditional Use Permit for a craft store ,and coffeehouse in an Q-T zone for The Librarv by Craig Rittenhouse - 141 East Carlton: /_ a-l/??rIt.e:J -fo pr.ejJtV>.e -/IFt e/f n;r.yff7;1~ 22. Public Hearing: 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: ct/fuy,..,e.:f .10 l'y...epWt..e ..p/~ i cl-t k-v-.4.-rfrt?vC<..(. Meridian City Council Agenda - May 27, 2003 Page 4 of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 27,2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: x >c Tammy de Weerd Cherie McCandless >< Mayor Robert Corrie )C Bill Nary }C Keith Bird 2. Adoption of the Agenda: ~ VIe.- 3. Consent Agenda: ~o V'<-- A. Approve minutes of April 22, 2003 Pre-Council meeting: ~fJf-ov--..e.. B. Approve minutes of May 13, 2003 City Council Regular Meeting: aj7(h"t9v-f.- C. Findings of Fact and Conclusions of Law for Approval: CUP 03-010 Request for a Conditional Use Permit to obtain a Dealers License and sell quality used cars and trucks in an I-L zone for Finish Line Automotive by Lyle Lee Kallenberger - 44 Northwest 10th Street: dtjJ, I~ v-.e...- D. Findings of Fact and Conclusions of Law for Approval: AZ 03- 005 Request for annexation and zoning of 61.33 acres from RUT and C-G zones to an R-8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: o/fr"t?v-.e... E. Findings of Fact and Conclusions of Law for Approval: PP 03- 003 Request for Preliminary Plat approval of 172 building lots and 16 other lots on 61.69 acres in a proposed R-8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: at ~V'~ F. Findings of Fact and Conclusions of law for Approval: CUP 03-007 Request for a Conditional Use Permit for a Planned Development for 146 detached single-family dwellings, 20 townhomes, 6 office lots, 6 shared driveway lots, 16 open space lots, including addition to community park in a proposed R-8 zone Meridian City Council Agenda - May 27, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( for proposed Verona Subdivision by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: ap~v.e-. G. First Addendum to Development Agreement: MI 03-003 First Addendum to the Development Agreement for Fairview Lakes by Fairview Lakes, LLC - 824 East Fairview Avenue: ~rov-<- H. Finance Report: a~4'v.e 4. Department Reports: A. Planning and Zoning Department: 1. Discussion of Request from Farwest lLC for Return of Road Trust Fund Deposits (Pedestrian Bridges in _ Thousand Springs Subdivision): ;01:2 ~t. wik t?6rn/h.. C c:rrn ry.. .€--I-vf-f ~ h'1. n.e,'Y^ 6 IV 1-,;1' 5. (Items Moved from Consent Agenda) 6. Resolution No. : Accepting Community Plannina Association of Southwest Idaho Report Number 1-2002: '~6& /-0 / . / ~-3-og 7. Resolution No. tfl J - #3 Adopting Sewer Easement Acquisition Policy for Black Cat Trunk Sewer Proiect: &"~~vc.-e- 8. Resolution No. tfJ 3 -- L/1;'4- : Imposing a Moratorium on Solid Waste Franchises: Ci-J?~v.e a.f C(,/~ecL 9. Ordinance No. t7J'-- /02-6' Findings of Fact and Conclusions of Law for Approval: AZ 03-003 Request for annexation and zoning of 14.31 acres from RUT to R-8 zones for proposed Timberfalls Subdivision by Dan Wood - south of East Ustick Road and west of North Locust Grove Road: tvt'j?719v.e.- 10. FP 03-025 Request for Final Plat approval of 4 building lots on 5.76 acres in an I-L zone for Krispv Kremes Subdivision by Clark Development - west of North Eagle Road and south of East Fairview Avenue: ~(/ v'.iL-' 11. FP 03-026 Request for Final Plat approval of 19 building lots and 2 other lots on 3.1 acres in a R-15 zone for Scottsdale Villas Subdivision No.1 and NO.2 by Pinnacle Engineers, Inc. - south of Franklin Road on S.W. 8th Street and Alden Street: wrp,'tPtr>e-- Meridian City Council Agenda - May 27, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, 14. 15. 16. 17. 18. 19. 20. 12. FP 03-027 Request for Final Plat approval of 7 building lots and 2 other lots on 12.08 acres in an I-L zone for Gemtone Center No.5 by Gemtone, Inc. - west of North Eagle Road and south of East Fairview Avenue: ~;rrfi)fI'.e... FP 03-028 Request for Final Plat approval of 74 residential lots, 2 commercial lots, 8 common lots, and 1 private roadway on 12.05 acres in R-40 and C-C zones for Locust Grove Place Subdivision by Earl, Mason and Stanfield, Inc. - west of Locust Grove Road and south of Fairview Avenue: cvj9jJr7.!)/!-<- Public Hearing: CUP 03-018 Request for a Conditional Use Permit for a bank with drive-thru in an I-L zone for Washinaton Trust Bank by Russ Wolfe - south of East Presidential Drive and east of North Eagle Road: a-f"fa7 rh e:; fc prep4~ ~1,c .f el.e. -In- c'?l Yl.!'v-a.-( Public Hearing: 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: L' / /' ~ I/'- __ /.J tt1f"&<rruzJ --f-.r> Jiifep a-...e rr.r reG "TU'f Pppn7//~ Public Hearing: VAC 03-002 Request to vacate existing easements in Crestwood Subdivision No. 1 by the plats of Havasu Creek Subdivision NO.5 1, 2, and 3 by Farwest, LLC - west of North Locust Grove Road between West Ustick Road and West McMillan Road: af;?n-/Ley -/r? ;?yef?~ 6"1d.h. rer- .rf?/ffi9vc~ Public Hearing: 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: a--Inrr/I.L5' f.o f!Y<JZfI~ -rl.? i c./-e ~ 4;P?~ Public Hearing: 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: _ . /. /' ~ a,/hvrnetj fo /h1ej?~ ./IF-Ie '.-t .HJY' ~v~ Public Hearing: 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 Crossina by Hawkins Companies - northwest corner of West Cherry Lane and North Linder Road: pe-ffPrn.etj ~ pr.ejPt't-lL -r/~1 C/-f fVr 4ffJI'OVCcZ Public Hearing: 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 St. Luke's Meridian Medical Center by St. Luke's Regional Medical Center - east of South Eagle Road and north of 1-84: [~//f,<I-ihtG.e- jJ I A.. 10 6-/{J--03 13. Meridian City Council Agenda - May 27, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 21. Public Hearing: CUP 03-016 Request for a Conditional Use Permit for a craft store and coffeehouse in an Q-T zone for The Librarv by Craig Rittenhouse - 141 East Carlton: df/?rr/~J 1-0 pr.ejJ~ -/11.f' elf hYd-lfif?JVZ'/--<- 22. Public Hearing: 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: a/lorn.e7 .10 ~rr..lZpv.A..t. -pI;:. of cl.t /try &i.-jof'r(7v4...(. Meridian City Council Agenda - May 27, 2003 Page 4 of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( ** TX CONFIR1',,,([ON REPORT ** AS OF ( MAY 28 '03~_.08 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 23 OS/27 23:49 3810160 24 OS/27 23:52 PUBLIC WORKS 25 OS/27 23:53 12084664405 26 OS/27 23:55 8841159 27 OS/27 23:57 2088840744 28 laS/27 23: 59 2088467366 29 OS/28 00:01 8985501 30 OS/28 00:03 LIBRARY 31 OS/28 00:05 92083776449 32 OS/28 00:07 208 388 6924 MODE M[N/SEC PGS CMDII STATUS EC--S 02'00" 004 056 OK UF--S 01'03" 004 056 OK EC--S 01'17" 004 056 OK EC--S 01' 17" 004 056 OK EC--S 01' 16" 004 056 OK E'C --S 01' 18" 004 056 OK EC--S 01'16" 004 1356 OK EC--S 01'40" 004 056 OK EC--S 01'16" 004 056 OK EC--S 01'40" 0la4 056 OK --------------------~----------------------------------------~------------------------------ CITY OF MERIDIAN CITY COUNCil REGULAR MEETiNG AGENDA Tuesday, May 27, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: --'6- Tammy de Weerd -k... Bin Nary ~ Cherie McCandless ---X- Keith Bird -L Mayor Robert Corrie 2. Adoption of the Agenda: ~Y\& 3. Consent Agenda: ~o IN:.- A. Approve minutes of April 22, 2003 Pre-Council meeting: &f1/JI"Ov-.e.. B. Approve minutes of May 13, 2003 City Council Regular Meeting: tZj?fJ'tVv-f.- C. Findings of Fact and Conclusions of law for Approval: CUP 03-010 Request for a Conditional Use Permit to obtain a Dealers License and sell quality used cars and trucks in an I-L zona for Finish Line Automotive by Lyle lee Kallenberger - 44 Northwest 1 oth Street: Pj?f H VoL- D. Findings of Fact and Conclusions of Law for Approval: J(Z 03- 005 Request for annexation and zoning of 61.33 acres from RUT and C-G zones to an R-8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast corner of West McMilJan Road and North Ten Mile Road: o/J'rPtrl!- E. Findings of Fact and Conclusions of law for Approval: PP 03- 003 Request for Preliminary Plat approval of 172 building lots and 16 other lots on 61.69 acres in a proposed R-8 zone for proposed Verona Subdivision by PrimeJand Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: 6if~v~ F. Findings of Fact and Conclusions of law for Approval: CUP 03-0D7 Request for a Conditional Use Permit for a Planned Development for 146 detached single-family dwellings, 20 townhomes, 6 office lots, 6 shared driveway lots. 16 open space lots, inCluding addition to community park in a proposed R-8 zone Maidian City Colltlcil A~",do - Moy '.1:1. 2003 Pag. I of 4 All rnncrlal. l'CC"",tcd &t flubJic meetin8' tb&ll bcrome p10ptrty .!lb. CitY ofMeridlon. Anyone dl:<irins ....",mo&Won fnr <li<ahilitio. rclA1ed to do<:ummLo and/or h"""n~> pt..... ''In,'''''' th. Cily Cl<dl.. om.. at g88-4433 011_ 411 bOUlS !'riOt to 1M p>>b\ie mOtting. ( ( ** TX CONFIRMHIION REPORT ** AS OF MAY 28 'e3'~-,;28 PAGE. 131 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDl:I STATUS 01 135/28 1313:139 2088886854 EC--S 131' 15" 1304 056 OK 132 135/2800:11 8950390 EC--S 131' 16" 1304 1356 OK 03 OS/28 1313:12 2138 387 6393 EC--S 131'17" 13134 056 OK 134 135/28013:14 RDA CTY DEUELMT G3--5 02'213" 13134 1356 OK 135 135/281313:17 CHERRY LANE EC--S 131'41" 13134 056 OK 136 135/28 1313:19 POST OFFICE EC--S 132' 10" 13134 056 OK 137 135/28 1313:22 208 888 1983 G3--6 01' 45" 13134 056 OK 138 OS/28 1313:24 ID PRESS TRIBUNE EC--S 131'18" 13134 056 OK 139 135/28 1313:26 2138 888 67130 EC--S 131' 18" 13134 1356 OK --------~----------------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 27, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd -if.... Bill Nary =:K-:: Cherie McCandless --iL Keith Bjrd ~ Mayor Robert Corrie 2. Adoption of the Agenda: ~ vv;,... 3. Consent Agenda: ~() ~ A. Approve minutes of April 22, 2003 Pre-Council meeting: PfJ/NvV./!.. e. Approve minutes of May 13, 2003 City Council Regular Meeting: dl'pv-<- C. Findings of Fact and Conclusions of Law for Approval: CUP 03-010 Request for a Conditional Use Permit to obtain a Dealers License and sell quality usecl cars and trucks in an I-L zone for Finish Line Automotive by Lyle Lee Kallenberger - 44 Northwest 10th Street: apj'Hv<,-- D. Findings of Fact and Conclusions of Law for Approval: AZ. 03- 005 Request for annexation and zoning of 61.33 acres from RUT and C~G zones to an R-B zone for proposed Verona Subdivision by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: 4f'~~ E. Findings of Fact and Conclusions of Law for Approval: PP 03- 003 Request for Preliminary Plat approval of 172 building lots and 16 other lots on 61.69 acres in a proposed R-8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: df JffPv-<"'- F_ Findings of Fact and Conclusions of Law for Approval: CUP 03-007 Request for a Conditional Use Permit for a Planned Development for 146 detached single-family dwellings, 20 townhomes, 6 office lots, 6 shared driveway lots, 16 open space lots, inclUding addition to community park in a proposed R-8 zone Mcridi"" CilyC""m,ll Ag",do-Moy 21, 2003 Page 10f4 All mat..wt ~lcd at public "'CcUDS' lIhnll b=m. proptnY orlh. Ciry ofMeridim Anyon. do<irins ....mmodntion for di<Jl,bjlili.. rclo1cd to do",mmb ondfar h.",nngs pi=- oontaOl. lho City Clc', Ollioa III 88&-4433 at ~ 48 bWl'S !>riorw 1I\e pUblic meeting, f-'. '133l ** TX CO~, iRnON REPORT *'" AS OF MAY 28 PAGE. Ell CITY OF MERIDIAN DRTE nME TO/FROM MODE MIN/5EC PGS CMOll STRTUS 10 135/28 El0:29 PUBLIC WORKS UF--S 00' 14" 001 1357 OK 11 OS/28 00: 30 12084664405 EC--S 130' 24" 001 1357 OK 12 OS/28 013'31 8841159 EC--S 00'24" 001 057 OK 13 OS/28 00: 32 2088B4e744 EC--5 013'24" eEll 057 OK 14 OS/28 130'33 2088467366 eC--5 00'23" 001 057 OK 15 135/28 1313:34 89855131 eC--5 00'23" 001 1357 OK 16 OS/28 013:35 LIBRARY EC--5 00'28" 001 057 OK 17 135/28 1313:36 92083776449 EC--5 00'23" 001 057 OK 18 OS/28 00'36 208 388 6924 EC--f; 013'28" 001 1357 OK 19 OS/28 1313'38 21388886854 EC--S 130'24" 001 057 OK 20 135/28 130:38 89513390 EC--S 01'32" 001 1357 OK 21 135/28 130:40 208 387 6393 EC--5 013'24" 001 057 OK 22 OS/28 06: 41 ADR CTY DElIELMT 03--S 1313'4a" 001 a57 OK 23 135/28 613'43 CHERRY LANE EC--S 130'28" 001 1357 OK 24 135/28 613: 44 POST OFFICE EC--S 00'35" 13131 1357 OK 25 OS/28 1313: 4S 208 888 1983 G3--S 00'30" 1301 057 OK 26 OS/28 1313:46 ID PRESS TRIBUNE EC--S 613'23" 001 1357 OK 27 OS/28 00:47 208 888 6700 EC--s 613'23" 001 057 OK 28 OS/28 00:55 38113160 EC--S 1313'34" 13131 1357 OK CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, May 27, 2003 at 5:45 p.m. City Council Chambers 1. Roll-calt Attendance: ~ Tammy de Weerd ~ Bill Nary ~ Cherie McCandless ~ Keith Bird -X.. Mayor Robert Corrie 2. Adoption of the Agenda: ~-r<w~ 3. Executive Session per Idaho Code !i67-2345(1){b): IU' d.e.c,;~,"c-:0 (15 minutes.) 4. Discussion with Eric Davis (Retail West) regarding Earth Tech f Ten Mile Interchange Budget: j9ie-J' ~~o(, (20 minutes*) 5. Assessment Briefing by Ada County Assessor Bob McQuade: ~reJer.:fed.- (10 mlnutes*) 6. Discussion of SAGE -- Follow Up: fn~~ (5 minutes*) 7. Blakeslee & Associates - Follow Up: J?rv~ed-- m-ovt; -h'rwtUeU (5 minutes*) 8. Discussion of Computer Usage Policy by Stacy Kilehenmann: (5 minutes~) revt'e,u ,Po//?:;:! - dr';;~_u M!.JC-t wUk- 9. Discussion of Finance Report with Finance Department: pY>4fw../"!.<<.. (5 minutes*) ~~ro....,.~.4- $/,?/?/o,o :fr...-..- /h,;.f~ ,eij...~/(~p.w,.,/ Cru..l~ (j-pu;y p>YpeA-" Iv S- jnlk.. t?ry=t:; 10. Discussion of Budget Items Policies: (5 minutes.) --/P..t& fo ~ 7/u03 ,ote.-cP..,.,d:.e- ~ Approximate allowable time set for agenda item may change depending on discussion. Please use the designated time as II guideline only. Merid~:IU)CityC-Qunc;il Prc--Council AgC11da... M.ly27.2Do.'l Vase] of) ^', motori.l> ~..."'u~ 'It p..li. m.oliop .l>on ..CODl' ~toj>"'Y .ftl1o City ofMoridi:ln. tln)'l.IDC' ~ aCCODm1cd:atiao for cLi&r.bjliliC1o rcb.led te. dOCjmt:w tind/or huritJ8;$ plcue conUQ tM. City Cl~'J: OOie& nISK-44J.3 at }N.U 43 h:m:a'$ prior w 1ha publiC' ~i"g.. ** COl1MUN I CRT IONS REPORT ** AS OF MRY 28 '03 05:00 PAGE. 01 CITY OF MERIDIAN TOTRL PAGES TOTAL TIME SEND 0055 SEND 000 23 ' 44" RECEIVE 0000 RECEIVE 00000'00" DATE TIME TO/FROM MODE MIN/SEC PGS CMD" STRTUS 01 OS/28 00:09 2088886854 EC--S 01' 15" 004 056 OK 02 OS/28 00:11 8950390 EC--S 01' 16" 004 056 OK 03 OS/28 00:12 208 387 6393 EC--S 01'17" 004 056 OK 04 OS/28 00:14 RDR CTY DEVELMT G3--S 02'20" 004 056 OK 05 OS/28 00:17 CHERRY LANE EC--S 01'41" 004 056 OK 06 OS/28 00:19 POST OFFICE EC--S 02'10" 004 056 OK 07 OS/28 00:22 208 888 1983 G3--S 01'45" 004 056 OK 08 OS/28 00:24 ID PRESS TRIBUNE EC--S 01'18" 004 056 OK 09 OS/28 00:26 208 888 6700 EC--S 01'18" 004 056 OK 10 OS/28 00:29 PUBLIC WORKS UF--S 00' 14" 001 057 Ok 11 OS/28 00:30 12084664405 EC--S 00'24" 001 057 OK 12 OS/28 00:31 8841159 EC--S 00'24" 001 057 OK 13 OS/28 00:32 2088840744 EC--S 00'24" 001 057 OK 14 OS/28 00:33 2088467366 EC--S 00'23" 001 057 OK 15 OS/28 00:34 8985501 EC--S 00'23" 001 057 OK 16 OS/28 00:35 LIBRRRY EC--S 00'28" 001 057 OK 17 OS/28 00:36 92083776449 EC--S 00'23" 001 057 OK 18 OS/28 00:36 208 388 6924 EC--S 00' 28" 001 057 OK 19 OS/28 00:38 2088886854 EC--S 00'24" 001 057 Ok 20 OS/28 00:38 8950390 EC--S 01'32" 001 057 OK 21 OS/28 00:40 208 387 6393 EC--S 00'24" 001 057 OK 22 OS/28 00:41 RDA CTY DEVELMT G3--S 00'40" 001 057 OK 23 OS/28 00:43 CHERRY LRNE EC--S 00'28" 001 057 OK 24 OS/28 00:44 POST OFFICE EC--S 00'35" 001 057 OK 25 OS/28 00:45 208 888 1983 G3--5 00'30" 001 057 OK 26 OS/28 00:46 ID PRESS TRIBUNE EC--S 00'23" 001 057 OK 27 OS/28 00:47 208 888 6700 EC--S 00'23" 001 057 OK 28 OS/28 00:55 3810160 EC--S 00'34" 001 057 OK ** COMMUNICATIONS REPORT ** AS OF MAY 28 '03 00:08 PAGE. 01 CITY OF MERIDIAN TOTAL PAGES TOTAL T I ME SEND 0099 SEND 00032'00" RECEIVE 0004 RECEIVE 00002'43" DATE TIME TO/FROM MODE MIN/SEC PGS CMDtt STATUS 01 OS/27 08:26 8889936 EC--S 01'59" 009 030 OK 02 OS/27 08:29 5094553933 EC--S 02'36" 009 031 OK 03 OS/27 08:37 5094553933 EC--S 03'04" 009 034 OK 04 OS/27 09:08 PUBLIC WORKS UF--S 00'40" 002 036 OK 05 OS/27 09:09 12084664405 EC--S 00'51" 002 036 OK 06 OS/27 09:11 2088886854 EC--S 00'49" 002 036 OK 07 OS/27 09:16 8879967 EC--S 00'28" 001 038 OK 08 OS/27 09:55 Private G3--R 00'59" 001 040 OK 09 OS/27 10:05 2088467366 EC--S 01'010; 004 041 OK 10 OS/27 10:09 12084664405 EC--S 01'01" 004 041 OK 11 OS/27 11:32 2088886854 EC--R 00'230; 001 043 OK 12 OS/27 11:41 2089380941 EC--R 00'23" 001 044 OK 13 OS/27 11:46 PUBLIC WORKS UF--S 00'31" 002 045 OK 14 OS/27 11:47 12084664405 EC--S 00'42" 002 045 OK 15 OS/27 11:48 2088886854 EC--S 00'410; 002 045 OK 16 OS/27 11:50 PUBLIC WORKS UF--S 00'27" 002 047 OK 17 OS/27 11:51 12084664405 EC--S 00'38" 002 047 OK 18 OS/27 11:52 2088886854 EC--S 00'37" 002 047 OK 19 OS/27 12:10 938 1947 EC--S 00'22" 001 049 OK 20 OS/27 13:12 2088886854 EC--S 00'29" 002 051 OK 21 OS/27 13:15 2088886854 EC--S 00' 52" 002 053 OK 22 OS/27 14:53 2088886854 EC--R 00'58" 001 055 OK 23 OS/27 23:49 3810160 EC--S 02'09" 004 056 OK 24 OS/27 23:52 PUBLIC WORKS UF--S 01'03" 004 056 OK 25 OS/27 23:53 12084664405 EC--S 01'17" 004 056 OK 26 OS/27 23:55 8841159 EC--S 01'17" 004 056 OK 27 OS/27 23:57 2088840744 EC--S 01'16" 004 056 OK 28 OS/27 23:59 2088467366 EC--S 01'18" 004 056 OK 29 OS/28 00:01 8985501 EC--S 01'16" 004 056 OK 30 OS/28 00:03 LIBRARY EC--S 01'40" 004 056 OK 31 OS/28 00:05 92083776449 EC--S 01' 16" 004 056 OK 32 OS/28 00:07 208 388 6924 EC--S 01' 40" 004 056 OK ( PUasefv8t j;y ?~G YLob"C/G-thafl2U! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 27J 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 April 22, 2003 Pre-Council meeting: B. Approve minutes of May 13, 2003 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: CUP 03-010 Request for a Conditional Use Permit to obtain a Dealers License and sell quality used cars and trucks in an I-L zone for Finish Line Automotive by Lyle Lee Kallenberger - 44 Northwest 10th Street: D. Findings of Fact and Conclusions of Law for Approval: AZ 03-005 Request for annexation and zoning of 61.33 acres from RUT and C-G zones to an R-8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: E. Findings of Fact and Conclusions of Law for Approval: PP 03-003 Request for Preliminary Plat approval of 172 building lots and 16 other lots on 61.69 acres in a proposed R-8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast comer of West McMillan Road and North Ten Mile Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 03-007 Request for a Conditional Use Permit for a Planned Development for 146 detached single-family dwellings, 20 townhomes, 6 office lots, 6 shared driveway lots, 16 open space lots, including addition to community park in a proposed R-8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast comer of West McMillan Road and North Ten Mile Road: Meridian City Council Agenda - May 27. 2003 Page 1 of3 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. First Addendum to Development Agreement: MI 03-003 First Addendum to the Development Agreement for Fairview Lakes by FaiNiew Lakes, LLC - 824 East Fairview Avenue: H. Finance Report: 4. Department Reports: A. Planning and Zoning Department: 1. Discussion of Request from Farwest LLC for Return of Road Trust Fund Deposits (Pedestrian Bridges in Thousand Springs Subdivision): 5. (Items Moved from Consent Agenda) 6. Resolution No. Accepting Community Planning Association of Southwest Idaho Report Number 1-2002: 7. Resolution No. Adopting Sewer Easement Acquisition Policy for Black Cat Trunk Sewer Project: 8. Resolution No. Waste Franchises: : Imposing a Moratorium on Solid 9. Ordinance No. Findings of Fact and Conclusions of Law for Approval: AZ 03-003 Request for annexation and zoning of 14.31 acres from RUT to R-8 zones for proposed Timberfalls Subdivision by Dan Wood - south of East Ustick Road and west of North Locust Grove Road: 10. FP 03-025 Request for Final Plat approval of 4 building lots on 5.76 acres in an I-L zone for Krispv Kremes Subdivision by Clark Development - west of North Eagle Road and south of East FaiNiew Avenue: 11. FP 03-026 Request for Final Plat approval of 19 building lots and 2 other lots on 3.1 acres in a R-15 zone for Scottsdale Villas Subdivision No.1 and No.2 by Pinnacle Engineers, Inc. - south of Franklin Road on S.W. 8lh Street and Alden Street: 12. FP 03-027 Request for Final Plat approval of 7 building lots and 2 other lots on 12.08 acres in an I-L zone for Gemtone Center No.5 by Gemtone, Inc. - west of North Eagle Road and south of East Fairview Avenue: 13. FP 03-028 Request for Final Plat approval of 74 residential lots, 2 commercial lots, 8 common lots, and 1 private roadway on 12.05 acres in R-40 and C-C zones for Locust Grove Place Subdivision by Earl, Mason and Stanfield, Inc.- west of Locust Grove Road and south of FaiNiew Avenue: Meridian City Council Agenda - May 27, 2003 Page 20B All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 14. Public Hearing: 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: 15. Public Hearing: MI 03-008 Request for sales office I model home in an R-4 zone for Inalenook Model Home by Inglenook Development - 2720 South Locust Grove Road: 16. Public Hearing: VAC 03-002 Request to vacate existing easements in Crestwood Subdivision No.1 by the plats of Havasu Creek Subdivision NO.5 1, 2, and 3 by Farwest, LLC - west of North Locust Grove Road between West Ustick Road and West McMillan Road: 17. Public Hearing: 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: 18. Public Hearing: 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: 19. Public Hearing: 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 Crossina by Hawkins Companies - northwest corner of West Cherry Lane and North Linder Road: 20. Public Hearing: 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 St. Luke's Meridian Medical Center by St. Luke's Regional Medical Center - east of South Eagle Road and north of 1-84: 21. Public Hearing: 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: 22. Public Hearing: 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: Meridian City Council Agenda - May 27, 2003 Page 3 on All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( ** TX CONFIRMA'I nJN REPORT ** ( AS OF MAY 23 '0~..5:05 PAGE. 01 CITY OF MERIDIAN 131 132 03 DATE TIME TO/FROM OS/23 15:131 3810160 OS/23 15:03 PUELIC WORKS 135/23 15:04 12084664405 STATUS OK OK OK MODE EC--S UF--S EC--S MIWSEC PGS 01'44" 003 00'49" 13133 01'03" 003 CMDJ:I 023 023 1323 -----------------~-------------------~--------------------~--------------------------------- PieaBe ?o8i frr 7vJcdzG Ylo-b'(L -Ihtl/llf:S! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday. May 27, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ Bm Nary Cherie McCandless Keith Bird _ Mayor Robert corrie 2. Adoption ofthe Agenda: 3. Consent Agenda: A. Approve minutes of April 22, 2003 Pre-Council meeting: B. Approve minutes of May 13. 2003 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: CUP 03-010 Request for a Conditional Use Penn it to obtain a Dealers Licanse and sell quality used cars and trucks in an I.L zone for Finish Line Automotive by Lyle Lee Kallenberger - 44 Northwest 1 Qlh Street: D. Findings of Fact and Conclusions of Law for Approval: AZ 03-005 Request for annexation and zoning of 61,33 acres from RUT and C-G zones to an R-8 zone for proposed Verona Sllbdivision by Primeland Development, llP - northeast comer of West MCMillan Road and North Ten Mile Road: E. Findings of Fact and Conclusions of Law for Approval: PP 03-003 Request for Preliminary Plat approval of 172 building lots and 16 other lots on 61.69 acres in a proposed R~8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast comer of West McMillan Road and North Ten Mile Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 03-007 Request for a Conditional Use Permit for a Planned Development for 146 detached single-family dwellings, 20 townhomes, 6 office lots, 6 shared driveway lots, 16 open space lots, including addition to community park in a proposed R-B zone for proposed Verona Subdivision by Primeland Development, lLP - northeast comer of West McMillan Road and North Ten Mile Road: MeridiRIl CilY Council Ag.;adQ - Moy 27,21103 fasc I of3 All m.lm.l. pt<".OtItcd III publ,. mcetinS$ .hall he<t>me propmy of Ill. City of Meridian. i\ny",,~ dtsirins accommodlliOR for dioabilitie. r~'IUld to) cIoa>menl$ Mdt..... hc>riDp' pl=_ collJ:l(:lIh~Ci1yClerk'9 omcow a88-4433 Btkaat48 hours prior 10 th. public /T\<lllting, ( MAY 23 '03 1{~' PAGE. 01 "'''' TX CONI, lTlON REPORT """ AS OF CITY OF MER[DIPI-I DATE TIME TO/FROM MODE MIN/SEC PGS CMDll STATUS 15 051'23 14:26 8841159 EC--S 01 '03" 003 023 OK 16 051'23 14:28 2088840744 EC--S 01'02" 003 023 OK 17 OS/23 14:29 2088467366 EC--S 1211'1213" 003 023 OK 18 OS/23 14:31 8985501 EC--S 1211'01" 003 12123 OK 19 OS/23 14:33 LIBRARY EC--S 01 ' 20" 003 12123 OK 20 1215/23 14:34 IDAHO STATESMAN EC--S 01'01" 003 023 OK 21 OS/23 14:36 200 388 6924 EC--S 01 '20" 003 023 OK 22 OS/23 14:38 2088886S54 EC--S 01'1211" 003 023 OK 23 051'23 14:39 895039121 EC--S 131' 00" 003 023 OK 24 051'23 14:41 Laurel EC--S 01'03" 003 1323 OK 25 051'23 14:43 208 387 6393 EC--S 01'01" 003 023 OK 26 051'23 14:44 ADA CTY DEVELMT G3--5 01'49" 003 023 OK 27 OS/23 14: 46 CHERIE MCCANDLES EC--S 01' 17" 003 023 OK 28 OS/23 14: 48 CHERRY LANE EC--S 01'21" 003 023 OK 29 051'23 14:50 POST OFFICE EC--S 01'44" 003 023 OK 3121 12151'23 14:53 208 888 1983 G3--S 1211'23" 003 023 OK 31 051'23 14:54 ID PRESS TRIBUNE EC--S 131'132" 003 023 OK 32 OS/23 14: 56 208 888 6700 EC--S 131'01" 003 023 OK -------------------------------------------------------------------------------------------- PLease ?oSi -ftr ?~c.. -not-iCe-- -ThMlts! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA TueSday, May 27, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ Bill Nary _ Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption ofthe Agenda: 3. Consent Agenda: A. Approve minutes of April 22, 2003 Pre-Council meeting: B. Approve minutes of MIIY 13, 20{)3 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: CUP 03-010 Request for a Conditional Use Permit to obtain a Dealers Ucense and sell quality used cars and trucks in an r-L zone for Finish Line Alltomotive by Lyle Lee Kallenberger-44 Northwest 10th Street: D. Findings of Fact and Conclusions of Law for Approval; AZ 03-005 Request for annexation and zoning of 61.33 acres from RUT and C-G zones to an R-B zone for proposed Varona Subdivision by Primeland Development, LLP - northeast comer of West McMillan Road and North Ten Mile Road: E. Findings of Fact and Conclusions of Law for Approval: PP 03.003 Request for Preliminary Plat approval of 172 building lots and 16 other lots on 61.69 acres in a proposed R-6 zone for proposed ~ Subdivision by Primeland Development, LLP - northeast comer of West McMillan Road and North Ten Mile Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 03-007 Request For a Conditional Use Permit for a Planned Development for 146 detached single-family dwellings, 20 lownhomes, 6 office lots, 6 shared driveway lots, 16 open space Jols, including addition to community park in a proposed R-8 zone for proposed Verona SubdiviSion by Primeland Development, LLP - northeast comer of West McMillan Road and North Ten Mile Road: MoridiM Ci,y Co...,QJ A;mdi - May 27. 20U3 hac 1 ofJ .r\J1 ml1aizJ~ P"1a1tfdatpubJic mC'Ctin,8iilhalJ ~1Tle Pf'OPIo'I1tY ofLbaCit)' ofMeridi.1:n. Ilc.~on~ dnirlnc accommoduion Tor diuhilitiu r..btod to di;P;wnen1S MiVur:h~ pl.... "'...'" lh. City Cled:'. om.:., 1Il UB--l433 .t kaolU hout. p"o, 10 Ill. public mooting, ** COMMUNICATIONS REPORT ** AS OF MAY 23 '03 14:57 PAGE. 01 CITY OF MERIDIAN TOTAL PAGES TOTAL TI ME SEND 0068 SEND 00027'31" RECEIVE 0000 RECEIVE 00000'00" DATE TIME TO/FROM MODE MIN/SEC PGS CMDf:I STATUS 01 OS/23 14:00 92083776449 EC--S 00'21" 001 018 OK 02 OS/23 14:01 208 388 6924 EC--S 00'24" 001 018 OK 03 OS/23 14:02 2088886854 EC--S 00'21" 001 018 OK 04 OS/23 14:02 8950390 EC--S 00'22" 001 018 OK 05 OS/23 14:04 Laurel EC--S 00'22" 001 018 OK 06 OS/23 14:05 ADA CTY DEVElMT G3--S 00'40" 001 018 OK 07 OS/23 14:06 CHERIE MCCANDlES EC--S 00'26" 001 018 OK 08 OS/23 14:07 CHERRY LANE EC--S 00'25" 001 018 OK 09 OS/23 14:08 POST OFFICE EC--S 00'32" 001 018 OK 10 OS/23 14:09 208 888 1983 G3--S 00'29" 001 018 OK 11 OS/23 14:10 ID PRESS TRIBUNE EC--S 00'22" 001 018 OK 12 OS/23 14:11 208 888 6700 EC--S 00'22" 001 018 Of< 13 OS/23 14:16 208 387 6393 EC--S 00'21" 001 018 OK 14 OS/23 14:20 3810160 EC--S 00'32" 001 018 0[< 15 OS/23 14:26 8841159 EC--S 01'03" 003 023 Of< 16 OS/23 14:28 2088840744 EC--S 01'02" 003 023 OK 17 OS/23 14:29 2088467366 EC--S 01'03" 003 023 OK 18 OS/23 14:31 8985501 EC--S 01'01" 003 023 OK 19 OS/23 14:33 LIBRARY EC--S 01'20" 003 023 OK 20 OS/23 14:34 IDAHO STATESMAN EC--S 01'01" 003 023 OK 21 OS/23 14:36 208 388 6924 EC--S 01'20" 003 023 OK 22 OS/23 14:38 2088886854 EC--S 01'01" 003 023 OK 23 OS/23 14:39 8950390 EC--S 01'00" 003 023 OK 24 OS/23 14:41 laurel EC--S 01'03" 003 023 OK 25 OS/23 14:43 208 387 6393 EC--S 01'01" 003 023 OK 26 OS/23 14:44 ADA CTY DEVElMT G3--S 01'49" 003 023 OK 27 OS/23 14:46 CHERIE MCCANDlES EC--S 01'17" 003 023 OK 28 OS/23 14:48 CHERRY LANE EC--S 01'21" 003 023 OK 29 OS/23 14:50 POST OFFICE EC--S 01'44" 003 023 OK 30 OS/23 14:53 208 888 1983 G3--S 01'23" 003 023 OK 31 OS/23 14:54 ID PRESS TRIBUNE EC--S 01'02" 003 023 OK 32 OS/23 14:56 208 888 6700 EC--S 01'01" 003 023 OK ** COMMUNICATIONS REPORT ** TOTAL PAGES SEND 0009 RECEIVE 0002 DATE TIME TO/FROM 01 OS/23 15:01 3810160 02 OS/23 15:03 PUBLIC WORKS 03 OS/23 15:04 12084664405 04 OS/23 16:18 05 OS/23 17:55 208 895 8968 AS OF MAY 24 '03 05:00 PAGE. 01 CITY OF MERIDIAN TOTAL TIME SEND 00003'36" RECE I IJE 000 01 ' 15" MODE MIN/SEC PGS CMDf:I STATUS EC--S 01'44" 003 023 OK UF--S 00'49" 003 023 OK EC--S 01'03" 003 023 OK EC--R 00'40" 001 027 OK EC--R 00'35" 001 028 OK CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, May 27,2003 at 5:45 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: Af1 roV~ 3. Executive Session per Idaho Code ~67-2345(1)(b): JV7 06z.c;.r,~~ (15 minutes"') 4. Discussion with Eric Davis (Retail West) regarding Earth Tech I Ten Mile Interchange Budget: ;JYes-e.-d-ed- (20 minutes"') 5. Assessment Briefing by Ada County Assessor Bob McQuade: (Ji1€J.ervfed- (10 minutes"') 6. Discussion of SAGE -- Follow Up: f'r.eJeAvkcL (5 minutes"') 7. Blakeslee & Associates - Follow Up: /lr.e.f.e.-vre.d.-- IvU)vef1rwa-z.4.) (5 minutes"') 8. Discussion of Computer Usage Policy by Stacy Kilchenmann: (5 minutes"') re..vle /P ,fJo/;'c!f - d/-;rCuJ.r /l elCi: week.- 9. Discussion of Finance Report with Finance Department: pNfe-Jed- (5 minutes"') ~j:JN:>V'L-~.r.. ~ dT /~t9/ 0 ~ 0 ~ fi~;,J~ /d./tr.e-.v /(<!./-,a...:v/ O-ee-/~ Cr-oroh.;J fJ'Y'P,rr-c-i- ,10 5 /nIle..- /,r~t: 10. Discussion of Budget Items Policies: (5 minutes"') .-p&#a;.o ~ 3/2--.903 jJfe.-(PR/rLcJ!, '" 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 - May 27, 2003 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~5. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, May 27, 2003 at 5:45 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. Executive Session per Idaho Code ~67-2345(1)(b): (15 minutes"') 4. Discussion with Eric Davis (Retail West) regarding Earth Tech I Ten Mile Interchange Budget: (20 minutes"') Assessment Briefing by Ada County Assessor Bob McQuade: (10 minutes"') 6. Discussion of SAGE -- Follow Up: (5 minutes"') 7. Blakeslee & Associates - Follow Up: (5 minutes"') 8. Discussion of Computer Usage Policy by Stacy Kilchenmann: (5 minutes"') 9. Discussion of Finance Report with Finance Department: (5 minutes"') 10. Discussion of Budget Items Policies: (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 - May 27, 2003 Page 1 of I All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodati on 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" Con"ie " .:'\.ri I'~!~~~;';.; ~.1r clfe;;d/;~c"jb '\ IDAHOl /y Y Q!NCE : 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, May 27, 2003 at 5:45 P.M. The Meridian City Council will be discussing the following agenda items: - Executive Session per Idaho Code 967-2345(1)(b) - Discussion with Eric Davis (Retail West) regarding Earth Tech / Ten Mile Interchange Budget )f- - Assessment Briefing by Ada County Assessor Bob McQuade - Discussion of SAGE -- Follow Up - Blakeslee & Associates - Follow Up - Discussion of Computer Usage Policy - Discussion of Finance Report with Finance Department - Discussion of Budget Items Policies The Executive Session is closed to the public, however, the public is DATED this 23rd day of May, 2003. - -- -- welcome to attend the remainder of the meeting. dI~~.~ I WILLIAM G. BERG, R - C~ ,......, "\ .f) j ~ -..y O' ='" "- r,,,/ C . '[:) ~ ,-,,:;, 33 EAST IDAHO AVENUE · MERIDIAN, IDAHO 83642 · (208) 888-4433 ,III/IIi OU;,~ ~ '{, ,\\\\", City Clerk Oftlce Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (ioS) &87-481'3 ** TX CONFIRMRTlON REPORT ** RS OF MRY 23 '03 13:07 PRGE.01 CITY OF MERIDIAN DRTE TIME TO/FROM 04 OS/23 13:05 2083542229 MODE MIN/SEC PGS CMD~ STATUS G3--S 00' 51" 002 015 OK -----------------------~-------------------------------------------------------------------- MAVOR Roberl D. Corrl e 'I. ~~IA ';rr~..f, ". olfe;;;/;;;1; '\ ID^HO f -? :'m:r 190J LEGAL DGl'AR.TMEN1' (20K) duG ,9272 . FAX M,I>-<WOS PAR.KS 8< RECREATION (lOa) 8&8.3579 . p~~ 898.550 I I'UIlL.lC WORI<S (208) 6%-5500. F.,~ 887-1297 WILDING Dl;I'ARTMBNT (206) 867.2211 . f'~~ KS7-1297 Pl.ANNING & ZONING (20K) 884,55)) . I'ax S8S-l>ltS4 CIrv COUNCil. MnMBERS Tammy de WeeI'd WII1i~rn L M, Nary Chene M cCandlcss Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian wiJI hold a PrewCouncH Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday. May 2.7,2003 at 5:45 P.M. The Meridian City Council will be discussing the fallowing agenda items: - Executive Session per Idaho Code &67-2345(1)(b) - Discussion with Eric Davis (Retai, West) regarding Earth Tech / Ten Mile Interchange Budget )f. - Assessment Briefing by Ada County Assessor Bob Mcquade - Discussion of SAGE -- Fo/(ow Up - Blakeslee & Associates - Follow Up - Discussion of Computer Usage Policy - DiSCussion of Finance Report with Finance Department - Discussion of Budget Items Policies The Executive Session is closed to the public, however, the public is welcome to attend the remainder of the meeting. DATED this 23rd day of May, 2003. J~4. 7. 8' ~ WILLIAM G. BERG, R. - C~ 51....~ ,-P f -c:: ~ ~. ~ r",. r, \Of' ,'- 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642. (20f!) 888-44;;3 'JJ;,;;OU~i;;'(. \\\"", City Clerk OITil'C FQX (208) 888-4218 . Human Resources r'a;( (208) 884-8723 . FInance & Utility Billing FAA {208}.gB7.4R'~ ** COMMUNICATIONS REPORT ** RS OF MRY 03 '03 05:00 PAGE. 01 CITY OF MERIDIAN TOTRL PAGES TOTAL TIME SEND 0062 SEND 00022'39" RECEI lJE 0000 RECEI lJE 00000'00" DATE TIME TO/FROM MODE MIN/SEC PGS CMDt:i STATUS 01 05/02 15:07 2088467366 EC--S 01'00" 003 043 OK 02 05/02 15:09 8985501 EC--S 00'58" 003 043 OK 03 05/02 15:11 LIBRARY EC--S 01'17" 003 043 OK 04 05/02 15:13 92083776449 EC--S 00'59" 003 043 OK 05 05/02 15:14 Laurel EC--S 00'35" 002 042 OK 06 05/02 15:15 208 388 6924 EC--S 01' 16" 003 043 OK 07 05/02 15:17 JIM JOHNSON ----S 1210'00" 12100 042 BUSY 08 05/02 15:17 2088886854 EC--S 00'59" 003 043 OK 09 05/02 15:19 2084674538 EC--S 00'58" 003 043 OK 10 05/02 15:20 895039121 EC--S 00'58" 003 043 OK 11 05/02 15:22 Laurel EC--S 00'59" 003 043 OK 12 05/02 15:23 208 387 6393 EC--S 00'59" 003 043 OK 13 05/02 15:25 ADA CTY DElJELMT G3--S 01'45" 003 043 OK 14 05/02 15:27 CHERRY LANE EC--S 01'16" 003 043 OK 15 05/02 15:29 POST OFFICE EC--S 01'42" 003 043 OK 16 05/02 15:31 208 888 1983 G3--S 01'19" 003 043 OK 17 05/02 15:33 ID PRESS TRIBUNE EC--S 00'59" 003 043 OK 18 05/02 15:35 208 888 6700 EC--S 00'57" 003 043 OK 19 05/02 15:44 2885561 EC--S 03'43" 012 048 OK 20 05/02 15:48 JIM JOHNSON ----S 00'00" 000 043 BUSY June 20, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT REQU EST June 24, 2003 ITEM NO. Approve minutes of May 27, 2003 City Council Regular Meeting: 3~t) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS ~ & tf"'/ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 27,2003 at 7:00 p.m. City Council Chambers 1. Rolf-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 3. Consent Agenda: Approve A. Approve minutes of April 22, 2003 Pre-Council meeting: Approve B. Approve minutes of May 13, 2003 City Council Regular Meeting: Approve C. Findings of Fact and Conclusions of Law for Approval: CUP 03-010 Request for a Conditional Use Permit to obtain a Dealers License and sell quality used cars and trucks in an I-L zone for Finish Line Automotive by Lyle Lee Kallenberger - 44 Northwest 10th Street: Approve D. Findings of Fact and Conclusions of Law for Approval: AZ 03- 005 Request for annexation and zoning of 61 .33 acres from RUT and C-G zones to an R-8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: Approve E. Findings of Fact and Conclusions of Law for Approval: PP 03- 003 Request for Preliminary Plat approval of 172 building lots and 16 other lots on 61.69 acres in a proposed R-8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: Approve F. Findings of Fact and Conclusions of Law for Approval: CUP 03-007 Request for a Conditional Use Permit for a Planned Development for 146 detached single-family dwellings, 20 townhomes, 6 office lots, 6 shared driveway lots, 16 open space Meridian City Council Agenda - May 27, 2003 Page I of 4 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, lots, including addition to community park in a proposed R-8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: Approve G. First Addendum to Development Agreement: MI 03~003 First Addendum to the Development Agreement for Fairview Lakes by Fairview Lakes, LLC - 824 East Fairview Avenue: Approve H. Finance Report: Approve 4. Department Reports: A. Planning and Zoning Department: 1. Discussion of Request from Farwest LLC for Return of Road Trust Fund Deposits (Pedestrian Bridges in Thousand Springs Subdivision): P&Z Dept. will obtain comments from neighbor 5. (Items Moved from Consent Agenda) 6. Resolution No. Accepting Community PlanninQ Association of Southwest Idaho Report Number 1-2002: Table to June 3, 2003 meeting 7. Resolution No. 03-403 Adopting Sewer Easement Acquisition Policy for Black Cat Trunk Sewer Proiect: Approve 8. Resolution No. 03-404 : Imposing a Moratorium on Solid Waste Franchises: Approve as Amended 9. Ordinance No. 03-1026 : Findings of Fact and Conclusions of Law for Approval: AZ 03-003 Request for annexation and zoning of 14.31 acres from RUT to R-8 zones for proposed Timberfalls Subdivision by Dan Wood - south of East Ustick Road and west of North Locust Grove Road: Approve 10. FP 03-025 Request for Final Plat approval of 4 building lots on 5.76 acres in an I-L zone for Krispy Kremes Subdivision by Clark Development - west of North Eagle Road and south of East Fairview Avenue: Approve 11. FP 03-026 Request for Final Plat approval of 19 building lots and 2 other lots on 3.1 acres in a R-15 zone for Scottsdale Villas Subdivision No.1 and No.2 by Pinnacle Engineers, Inc. - south of Franklin Road on S.W. 8th Street and Alden Street: Approve Meridian City Council Agenda - May 27,2003 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 12. FP 03-027 Request for Final Plat approval of 7 building lots and 2 other lots on 12.08 acres in an I-L zone for Gemtone Center No.5 by Gemtone, Inc. - west of North Eagle Road and south of East Fairview Avenue: Approve 13. FP 03-028 Request for Final Plat approval of 74 residential lots, 2 commercial lots, 8 common lots, and 1 private roadway on 12.05 acres in R-40 and C-C zones for Locust Grove Place Subdivision by Earl, Mason and Stanfield, Inc. - west of Locust Grove Road and south of Fairview Avenue: Approve 14. Public Hearing: 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: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: MI 03-008 Request for sales office / model home in an R-4 zone for Inglenook Model Home by Inglenook Development - 2720 South Locust Grove Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 16. Public Hearing: 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: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 17. Public Hearing: 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: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 18. Public Hearing: 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: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 19. Public Hearing: 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 Crossing by Hawkins Companies - northwest corner of West Cherry Lane and North Linder Meridian City Council Agenda - May 27, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 20. Public Hearing: 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 St. Luke's Regional Medical Center - east of South Eagle Road and north of 1-84: Continue Public Hearing to June 10, 2003 Meeting 21. Public Hearing: 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: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 22. Public Hearing: 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: Attorney to prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda - May 27, 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 hearings please contact !he City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting Mav 27. 2003 The Regular Meeting of the Meridian City Council was called to order at 7:15 P.M., on Tuesday, May 27, 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, 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: I will open the Meridian City Council Regular Meeting Agenda, Tuesday, May 27. 2003, at 7:15 P.M. in the City Council Chambers. We'd like to have roll call, attendance, please. Item 2. Adoption of the Agenda: Corrie: All right. Item Number 2 is adoption of the agenda. Are there additions or corrections to the agenda? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approved the agenda as presented. Bird: Second. Corrie: Okay. Motion to adopt agenda as presented and seconded, any further discussion? Hearing none, all those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 3. Consent Agenda: A. Approve minutes of April 22; 2003 Pre-Council meeting: B. Approve minutes of May 13, 2003 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: CUP 03-010 Request for a Conditional Use Permit to obtain a Dealers License and sell quality used cars and trucks in an I-L zone for Meridian City Council Meeling May 27,2003 Page 2 of 66 Finish Line Automotive by Lyle Lee Kallenberger - 44 Northwest 10th Street: D. Findings of Fact and Conclusions of Law for Approval: AZ 03- 005 Request for annexation and zoning of 61.33 acres from RUT and C-G zones to an R-8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: E. Findings of Fact and Conclusions of Law for Approval: PP 03- 003 Request for Preliminary Plat approval of 172 building lots and 16 other lots on 61.69 acres in a proposed R-8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 03-007 Request for a Conditional Use Permit for a Planned Development for 146 detached single-family dwellings, 20 townhomes, 6 office lots, 6 shared driveway lots, 16 open space - lots, including addition to community park in a proposed R-8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: G. First Addendum to Development Agreement: M103-003 First Addendum to the Development Agreement for Fairview Lakes by Fairview Lakes, LLC - 824 East Fairview Avenue: H. Finance Report: Corrie: Number 3 is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we accept the Consent Agenda -- the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. De Weerd: Second. Corrie: Okay. Motion has been made and seconded, any further discussion? Roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. Meridian City Council Meeting May 27. 2003 Page 3 of 66 MOTION CARRIED: ALL AYES Item 4. Department Reports: A. Planning and Zoning Department: 1. Discussion of Request from Farwest LLC for Return of Road Trust Fund Deposits (Pedestrian Bridges in Thousand Springs Subdivision): Corrie: Welcome everybody here this evening and we will get on here with the Department Reports Planning and Zoning Department. Hawkins-Clark: Good evening, Mayor, Members of the Council. You should have received a memo from myself, dated May 21S\ entitled ACHD Request for Release of Road Trust Fund Deposits. Essentially, the issue is that the Ada County Highway District has requested formal city comments on the request that they received from the developer of Thousand Springs Subdivision. For, what, about five years now, I guess, they have been holding approximately 33,000 dollars in their right-of-way trust fund _ account for a couple of pedestrian bridges that were originally a part of the Preliminary Plat for Thousand Springs and Sherbrooke Hollows. The city required two of those as well of the Thousand Springs developer, Marty Goldsmith. The city did not make the same condition on Sherbrooke Hollows Subdivision for the other half of the bridge to cross the Ridenbaugh. I think, basically, what I have outlined here in the memo on the second page, there are three different options for the Council and Mayor to consider here. Probably, frankly, after talking with ACHD staff and the amount of staff time that it would take, Anna and I did discuss it briefly, and the Ada County Highway District feels that it would be a pretty significant time commitment on our behalf to work with the irrigation district to get the ped bridges done. As you could see on the bottom of the page, they are estimating a cost of about 80,000 dollars for just one of the bridges. The trust fund account has 31,500 dollars for the southern bridge in Thousand Springs, so it's, you know, right around 40 percent of the estimated cost. That would - that is unknown as to where the balance would come from at this point in order to get the connection. Certainly, the connection is important from the standpoint of getting to the new Kiwanis Park getting some kids back and forth to the new high school, which is in that same section as Thousand Springs, as you know. I think at this point it's a decision that staff is looking to Council and Mayor for direction. Unless you have any other questions, I think I have presented most everything in the memo there. Corrie: Thank you, Brad. Comments? Discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Yes. A outlines a meeting with the homeowners and getting their input before we really proceed. I think that's probably the most logical step in finding out, from their perspective, you know, did they buy with the anticipation that they would have Meridian City Council Meeting May 27,2003 Page 4 of 66 that connection, you know, is it going to be necessary to them -- of course, in our Comp Plan. What we try to do is encourage the connectivity and, certainly, this -- what we are asking is consistent with our policies and planning documents, but I think the first step is very logical to go to the homeowners association and seek their input. Corrie: Any other comments? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Yes. I would concur. At least that gives us a better idea of what the residents in the area want. I certainly don't want to tie up the subdivision over a bridge that just doesn't seem to work very well in this area. I think it's something that we -- I think it's something that's probably the easiest thing for us to at least address first is what the residents in that area's expectations are, because we may find that they also agree with Nampa-Meridian Irrigation District that we don't need it, that it isn't necessary. There is adequate connectivity and staff can make that analysis as well as to whether or not that really is probably the best thing is to simply eliminate that entirely, but I think we really. want to find out what the folks there expect first before we do that. Corrie: Okay. Powell: Mr. Mayor, Members of the Council, would you like us to do that before you have -- invite them to come to you or just to talk to them as staff and, then, come and bring those results to you? Corrie: I think staff would be fine. Powell: Okay. Just wanted to clarify. Thank you. Item 5. (Items Moved from Consent Agenda) Corrie: Okay. Item Number 5 is items moved from the Consent Agenda. There are none. Item 6. Resolution No. Accepting Community Planning Association of Southwest Idaho Report Number 1-2002: Corrie: So, we will move to Item Number 6, which is Resolution Number 03-403, accepting Community Planning Association of Southwest Idaho Report Number 1-2002. Do you have that resolution? Mr. Berg. Berg: I'm sorry, Mr. Mayor. Yes. Members of the Council, Mayor, Resolution 03-403, A resolution of the Mayor and City Council of the City of Meridian to provide for findings and to establish acceptance of the Community Planning Association of Southwest Idaho Report Number 1-2002, by Washington Intra-Structure Services, Inc., as a planning document for the City of Meridian and providing an effective date. Meridian City Council Meeting May 27, 2003 Page 5 of 66 Corrie: Okay. You have heard the Resolution Number 03-403, council, further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I know we have received this report a week or two ago or longer, but I guess I hadn't seen anything from the planning staff saying they have reviewed the report and it's not inconsistent with our Comprehensive Plan. I guess I don't protest or pretend to have read every page in this document, so I can't tell you if it is consistent, but I would think we could approve it unless there are inconsistencies. Is that -- has that been reviewed? Powell: I was not aware of its existence until I read the full agenda today, so, no, I have not read that. Nary: I mean it probably is fine, I mean, but J guess my only -- you know, if there is . something, that we at least need to be aware of that differs from what our intentions are, J guess we need to know that, but I don't know if we have to wait, I guess. Powell: If you'd like to wait, I can certainly review it and have it for you for next week. Bird: That would be my preference. Corrie: Okay so, we will put that on this next Tuesday? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we take Resolution Number 03 -- it would be the normal number -- accepting -- the resolution accepting the Community Planning Association of Southwest Idaho Report Number 01-2002 and table it to June 3, 2003. De Weerd: Second. Corrie: Okay. Motion. There is a second on that? De Weerd: I did. Corrie: Okay. Good. Okay. All in favor say aye? All ayes. Motion carried. It is tabled until the June 3rd meeting. MOTION CARRIED: ALL AYES Meridian City Council Meeting May 27, 2003 Page 6 of 66 Item 7. Resolution No. Adopting Sewer Easement Acquisition Policy for Black Cat Trunk Sewer Proiect: Corrie: Resolution Number 03-403, then, will be adopting a Sewer Easement Acquisition Policy for Black Cat Trunk Sewer Project. Mr. Clerk. Berg: Thank you, Mr. Mayor, Members of the Council. Resolution Number 03-403, a resolution of the Mayor and City Council of the City of Meridian to provide for findings and to establish Sewer and Waterline Easement Acquisition Policies for the Black Cat Sewer Trunk Project for the City of Meridian and providing an effective date. Corrie: Okay, Resolution Number 03-403. Discussion? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: If we don't have any discussion, I would move we approve Resolution Number 03- 403, the adoption of a Sewer Easement Acquisition Policy for Slack Cat Trunk Sewer. Line Project with suspension of rules. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to adopt and approve Resolution Number 03-403, any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I know this is the policy we had on last week -- Brad, is that right? It's just not attached to this resolution, at least what we have on the computer. Hawkins-Clark: Councilman Nary, Mayor and Council Members, we haven't changed it since last week. Nary: Oh. Hawkins-Clark: I didn't submit a new one, because it hadn't changed. Nary: Okay. Great. It's just because it says the document is attached and it's not here, so I just wanted to make sure it's the same one. Great. Corrie: Any further discussion? Okay. Vote on Resolution Number 03-403, all in favor? Or roll call. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Meridian City Council Meeting May 27,2003 Page 7 of 66 Corrie: All ayes. Approved. MOTION CARRIED: ALL AYES Item 8. Resolution No. Solid Waste Franchises: Imposing a Moratorium on Corrie: Item Number 8 is Resolution Number 03-404, proposing a Moratorium on the Solid Waste Franchises. Mr. Clerk. Berg: Thank you, Mr. Mayor, Members of the Council. Resolution Number 03-404, a Resolution of the Mayor and City Council of the City of Meridian to provide for findings and to establish a moratorium until September 1, 2003, for the issuing of any new franchises and providing an effective date. Corrie: Okay, council, any discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: In just reading the document and the title, this prohibits the granting of any franchises until September 1 st, which I don't know that we are really planning on doing that, but in the body of the document section it only identifies solid waste franchises, which is what we have been talking about. I wondered if it would be better to what's going to be published that we amend it to either reflect solid waste franchises or delete it out of the text. Mr. Nichols, do you think it matters one way or the other? Nichols: Mr. Mayor, Members of the Council, I agree with Councilman Nary, we should insert the words solid waste between the word new and between franchises in the third line of the title. Nary: Great. Thank you. Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval, then, of Resolution Number 03-404, with the following amendment of the title to include the words solid waste between new franchises in the title and the remainder of the text to remain the same. McCandless: Second. Corrie: Okay. Motion is made and seconded, any further discussion? Roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is carried on the resolution with the change. MeridIan CIty Council Meeling May 27, 2003 Page 8 of 66 MOTION CARRIED: ALL AYES Item 9. Ordinance No. Findings of Fact and Conclusions of Law for Approval: AZ 03-003 Request for annexation and zoning of 14.31 acres from RUT to R-8 zones for proposed Timbertalls Subdivision by Dan Wood - south of East Ustick Road and west of North Locust Grove Road: Corrie: Item Number 9 is an Ordinance Number 03-1026. This is Findings of Facts and Conclusions -- correct. Okay. Not used to saying Findings of Facts and Conclusions of Law for approval of request for annexation and zoning from RUT to R-8 zone for proposed Timberfalls Subdivision by Dan Wood. Mr. Clerk, would you read Ordinance Number 03-1026 by title only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 03-1026, an Ordinance finding that Wanda Stewart, the owner of certain real property generally located on the south side of Ustick Road, approximately one half mile west of Locust Grove Road, Meridian, to be shown as Timberfalls Subdivision which lies contiguous or, adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, having made a request for annexation in writing to the Council and the said land be annexed to the City of Meridian and zoning designated Medium Density Residential District (R-8) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders or parts thereof in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed to the Ada County recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50- 223 and Section 63-2215. Corrie: Okay. You have heard the reading of Ordinance Number 03-1026. Is there anyone from the audience that would like to have it read in its entirety? Hearing none, I will entertain a motion, then, on the Ordinance 03-1026. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve Ordinance 03-1026, Findings of Facts and Conclusions of Law for approval of AZ 03-003, with suspension of rules. Nary: Second. Corrie: Okay. Motion has been made and seconded to approve Ordinance 03-1026, any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, yea; Bird, yea. Meridian City Council Meeting May 27. 2003 Page 9 of 66 Corrie: Okay. All ayes. Ordinance Number 03-1026 is approved. MOTION CARRIED: ALL AYES Item 10. FP 03-025 Request for Final Plat approval of 4 building lots on 5.76 acres in an I-L zone for Krispv Kremes Subdivision by Clark Development - west of North Eagle Road and south of East Fairview Avenue: Corrie: Item Number 10. This is a request for Final Plat approval of four building lots on 5.76 acres in an I-L zone by Krispy Kremes Subdivision by Clark Development, west of North Eagle Road and south of East Fairview Avenue, council, discussion? Oh, I'm sorry. Brad. Hawkins-Clark: Mayor, Members of the Council, the Krispy Kreme Final Plat before you is the first phase of what was a Preliminary Plat called Treasure Valley Subdivision No. 3 and the four lot -- it's a commercial subdivision, four lots, Fairview Avenue on the north and Eagle Road on the east. The access primarily would be taken internally- through an existing -- Florence, I believe, is the street off of Eagle Road. ITO did grant a right in, right-out access for the Krispy Kreme lot. The Final Plat is in substantial compliance with the preliminary flat, and the perimeter landscaping on Fairview and Eagle will be done by this developer. The internal landscaping is going to be on a review at the time of development in terms of -- on the local commercial street and internally on the parking lot, et cetera. I think other than that, we have submitted 16 recommended conditions for the Final Plat and we ask you to incorporate those in your motion. Corrie: Thank you, Brad. Council, comments? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, I take from this Final Plat, then, they have never approved that extra driveway that was closer to the corner, it's now all on Florence? That's on Eagle Road. Hawkins-Clark: Councilman Nary, are you referring to the right in, right-out onto Eagle? Nary: I guess don't -- is that there? Hawkins-Clark: No, it's not. It's not. The Final Plats don't show driveways. What you're seeing there are our cross-access easements, as well as the public utility easements, but driveways themselves are not shown on the face of the Final Plat, so -- but they have been granted, to my understanding, is still through ITD that they access, so it's just not shown graphically. Nary: Okay. Meridian City Council Meeting May 27, 2003 Page 10 of 66 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So, the access on Florence would be full access and not restricted? Hawkins-Clark: Correct. Corrie: Any other discussion? Bird: I have none. Corrie: Okay. Then, I will entertain a motion for the Final Plat approval. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess [ would like to hear from the applicant if all the conditions were acceptable. McHutchison: my name is Stan McHutchison, I'm with Briggs Engineering, 1800 West Overland, I have read the memo by Dave McKinnon, and Bruce Freckleton and we have met or are in compliance with all the conditions. If you have any other questions, I will be happy to address anything that I can. Corrie: Okay. McHutchinson: Thank you. Corrie: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Final Plat of four building lots on 5.76 acres in an l-L zone for Krispy Kremes Subdivision and ask the attorney to draw up Findings of Facts and Conclusions Law and Decision of Order. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the request for Final Plat approval, any further discussion? Roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Meridian City Council Meeting May 27, 2003 Page 11 of 66 Corrie: All ayes. Motion approved. MOTION CARRIED: ALL AYES Item 11. FP 03-026 Request for Final Plat approval of 19 building lots and 2 other lots on 3.1 acres in a R-15 zone for Scottsdale Villas Subdivision No. 1 and No.2 by Pinnacle Engineers, Inc. - south of Franklin Road on S.W. 8th Street and Alden Street: Corrie: Item Number 11 is a request for Final Plat approval of 19 building lots and two other lots on 3.1 acres in an R-15 zone for Scottsdale Villas Subdivision NO.1 and No.2 by Pinnacle Engineers, Inc. Staff comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. This Final Plat that is coming through was originally on a two phase Preliminary Plat, but they have submitted the Final Plat that has both phases combined, so you are seeing this entire subdivision - - or, actually, it's a re-subdivision before you tonight. The name is Scottsdale Villas Subdivision. It is seeking 19 building lots and two common lots. It's 3.1 acres. The location is on the south side of west -- or, I'm sorry, east -- yes, it is West Franklin Road. ' Southwest 5th Avenue is the local street that connects. There is an existing day care here at the entrance on the west side and on the east side is the Farm Bureau building that's currently there today. South of those two lots you have the balance of what they are proposing, which is a residential subdivision. The Preliminary Plat and the Conditional Use Permit were approved by you in February of this year. They do have two different housing types here along the east side -- I'm sorry, the west side south of the day care. They have a series of detached housing and, then, on the east they have attached housing. Their common areas are joint open space and drainage as presented in the Preliminary Plat. The project is designated as a 55 and older senior housing project, has about 6.1 dwelling units to the acre. You may recall that there was a two story apartment complex proposed in this area originally, which was denied. They have come back and they are single level, so I think other than that, we have submitted our recommended conditions and [ guess that's all staff has on that. Corrie: Thank you, Brad. Is the representative here today? Boyle: Mayor and City Council Members, Clint Boyle, actually, with Landmark Engineering and Planning, 104 9th Avenue South in Nampa. As life goes on, we move on to different enterprises and I had the opportunity to form a new business with another partner of mine, so I'm here under their auspices. Brenda Wolfe, the owner of the property, is here as well. I'm here representing the Wolfe's on this project. Again, we agree with the staff comments in the staff report as outlined and didn't have any major concerns with them. Again, just an item of note, we will be proposing to utilize various commercial services that were stubbed under the original plat for the residential service lines and I believe that the Public Works Department is familiar with that. With that, I would stand for any questions. Thanks. Corrie: Any other questions? Meridian City Council Meeting May 27,2003 Page 12 of 66 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Boyle, those two green spaces that are on both ends of that path -- or I guess one is on a path one is on the opposite side, those are still, I guess somewhat enhanced, they are not just drainage right? There was some enhancement, I think, they put there? Boyle: Mayor and Council Member Nary, that's correct. And, actually, I'm glad you brought that up. Since our discussion at the last City Council meeting, we have, actually, incorporated those, so they are strictly open space lots now, they will not, actually, contain any drainage, so they are just going to be enhanced open space areas without the depression from the drainage and the way we were able to facilitate that is all of the street drainage and driveways is already going to drain into an existing seepage bed that's in the road. We have worked that out with ACHD. They already designed a seepage bed to handle that. Essentially, all the leftover drainage is going to be a little bit off the roof tops and the builder is going to incorporate whatever may be needed, which is going to be a very minor amount, and just make sure it's retained on . each individual lot. Those will, actually, be just dedicated common areas with landscaping and pathway around them. Nary: Great. Thank you. Corrie: Okay, any further questions? Watson: Mr. Mayor? Corrie: Yes. Watson: I do need to respond to Clint's comment as subject to staff's comments. I was hoping we wouldn't waste Council's time with this, but we have been batting this back and forth for I think a couple of months now and as Brad Hawkins-Clark pointed out, this was a commercial subdivision originally with eight inch mains stubbed into each of the eight lots. Now, we have a multitude of additional lots. Those aren't normally stubbed into a residential lot they are eight-inch mains that hold quite a bit of water. Any other subdivision we would require that those be abandoned at the main and new single residential services stubbed into those properties. When this project first came forward or was discussed at Planning and Zoning, the indication was that abandoning those would be extremely expensive, because that street is under moratorium, because it was recently constructed. In the interim, we have learned that they are going to overlay the whole street anyway, so our recommendation a couple weeks ago meeting with the engineer was to go ahead, abandon those, and do it correctly. I think we are at an impasse here. I was hoping not to involve the Council in this decision. Engineering wise my recommendation is to do this right and abandon all those commercial services and do it as a new residential subdivision. There may be one or two of these that could be utilized. They did provide me with an estimated cost for this work and it is a little bit under 7,000 dollars. I have given you my recommendation and it's contrary to what Meridian City Council Meeting May 27,2003 Page 13 of 66 Clint is asking as an exception to staff comments. I will be happy to answer any questions on that issue if you have any, Corrie: Council, discussion? Boyle: Mayor? Corrie: Go ahead. Boyle: May I respond back just for a moment here and just discuss the history on that a little bit. Originally, this was a commercial subdivision that was how it was proposed originally, so it does have the commercial service lines stubbed to it. As Brad indicated, initially, there was some agreement, I believe, that we could utilize those commercial stubs and that was somewhat under the auspices that the street would be limited as far as the number of cuts, because it is the under five year rule with ACHD. With the proposal that the developer is proposing now, they could still go in and do the cuts as initially planned, which requires a 20 foot wide patch on the street for the few instances where they did have to stub out some additional lines. What they have done is after receiving the construction contract bids, the price for running those stubs in the few. instances that they need to run those out to the lots and doing a 20 foot patch back on each one of those stubs, versus the price of doing the same thing. Instead of doing a 20 foot patch back, just overlaying the existing asphalt, so they are not proposing to tear up any new asphalt or anything, they just want to make this a nice, clean street section without having those patches. Again, they are not proposing to tear up the street for each individual lot service, they proposing simply to stick with the initial plan and there would be some -- a few cuts for those service lines that can't be served off the commercial uses. Then, just take the entire street and overlaying the existing asphalt across those areas where they actually did the cuts. Instead of just doing a 20-foot patch in certain areas on the street, they are proposing to just go through and just -- after they do those cuts overlay the entire street. They were willing to do that, just to make it a cleaner project and since that time we have had the discussions with Public Works, That's, I guess, why we are now at an impasse, because -- with them, because now they feel like we should go in and cut all of the services in the street and, then, go in and re-overlay. Again, you know, with that said, the developer is trying to make this nicer by overlaying the entire project and we go back to square one, which I think they would certainly rather go back to, than having to provide all of the individual services and not being able to utilize any of the existing. I think the developer would much rather go back to the initial agreement, which was that we would be doing several cuts and, then, just providing a 20 foot wide patch back on those cuts. That's, I guess, where we are at now and it sounds like we need some clarification from Council on that. Again, that's the position the developer would like to have on that. Nary: Mr. Mayor? Corrie: Mr. Nary. Meridian City Council Meeting May 27, 2003 Page 14 of 66 Nary: Mr. Boyle, the 7,000 dollars, then, is that -- that Mr. Watson just said, that was an additional cost for doing all of that? That's not what you're already intending to pay, that's in addition to do all of this as the Public Works Department n Boyle: Right. Nary: Okay. Boyle: Right. The overlay that they are proposing, if they complete the overlay of the street -- and I'm talking in round numbers here -- was roughly 3,000 dollars more than if they just did the 20 foot wide patch. The developer said we are going to spend that money, we will overlay the entire road right on top of the existing asphalt and still do the overlay, and so it's a nice, clean street through the entire subdivision. Then, I believe, if I'm not mistake -- and Brad can correct me -- that the 7,000 would be the additional expense for running individual services to every single lot and not utilizing the commercial services that are there. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Brad, I guess I agree that we should do it right, but, you know, with the additional cost, what is the down side if we do it the way that was originally negotiated or suggested? Watson: Council Member de Weerd, Mayor and Council Members, the down side to having the commercial water service feeding a single residential unit or even a duplex is that you have an eight inch main -- a relatively long length of eight inch main where the water just sits there, if there is a not high enough use and it stagnates, it leaves deposits of naturally occurring sediments in the water. If you have a single three-quarter inch or one inch service coming off a main and that main is continually flushing, you know, through the neighborhoods. It doesn't take much to get that water moving through there and freshened up after every wash cycle or toilet flush or something like that. I can't guarantee that there would be a water quality problem, but that's -- those are the standard specifications that we have had drawn up and approved to prevent those kind of problems. Corrie: The ball is in your court now. Boyle: Again, Mayor and City Council Members, you know, I guess it is back and forth between engineers and the engineer that's worked on this project, Ron Carpenter he's of the impression that it won't be a water quality problem. [guess it all stems back to, again, the original agreement that we have on this was that we would be able to utilize the commercial services that were there for this residential. We have -- you know, typically, most of them are going to have dual meters off of those commercial services, so there will be a couple of units using them, I believe, in a lot of those instances, anyway. I guess where we are at now is, unfortunately, now that the developer has proposed to overlay the entire project, now, all of a sudden, we are back in front of you Meridian City Council Meeting May 27, 2003 Page 15 of 66 on individual service lines and I guess now in hindsight had we known that we would have just stuck with the 20 foot patch back on those extensions and be done with it. Certainly, I guess, the developer feels like they are getting caught in somewhat of a quandary here where by trying to create a nicer development overlaying those existing lines, now, all of a sudden, they are faced with some additional expense running those service lines. You know, just a note from the staff report now, the water department and sewer department had no comment as far as the Final Plat I noticed in here. I don't know how extensive they have reviewed that and it may have just been Brad on a suggestion on the water quality, but I do know that they didn't have any comments on the plat. Corrie: What if we are right and you're wrong and we get complaints from the people, then, where are we? De Weerd: This is public health. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: You know, I like to help the developers the best we can, but they come in, put in, was going to do a commercial development. Then, put in all the lines and everything and, then, we go to residential and Brad brings up a very, very good point that there is no guaranteeing that it will stagnate or do anything to the water quality. It's also there is guarantee that it won't and once you have that problem, then, we are asking for a health problem that none of us would want to be involved in. I just -- I think it's something that needs to be done right. I know 7,000 dollars is not something that you just throw out of your pocket, but you get it done right and do it, I just think for the good of the whole subdivision it would be the way we should have it with that stipulation, to do the residential water lines. That's my opinion. Corrie: Mr. Nichols. Nichols: Mr. Mayor, I have a couple questions, so I can make sure I understand. They can't do the 20 foot patch back, because the street is too new; is that correct? Okay. But they could do tearing up the street, as long as they put down a new street, which is what the overlay is, correct? Boyle: The overlay is not tearing up the street. The only difference -- let me go back to the difference. Right now we have -- and I forget the number of cuts and Brad may have those construction drawings in front of you, but, roughly, I think there is like six cuts that were in addition to where the existing services were. With those cuts, since that street is within the five year program for ACHD, instead of just doing your standard patch over the trench of the cut, you have to go 20 feet wide across the length of that cut with a patch back on the asphalt. Okay. You have let's say six places where we are cutting the road for the service line and, then, we are taking the asphalt out 20 feet, tearing that out, and patching it in, 20 foot wide, across the length of that service out to the center of the street or where ever those main lines are. Okay. What the developer Meridian City Council Meeting May 27, 2003 Page 16 of 66 has now done -- and that was part of our understanding from the Preliminary Plat approval, the way that the project worked out, the developer has now said that they are willing to take it one step further. They are not proposing to tear out all the asphalt or anything they would cut these lines in. Instead of doing a 20 foot wide patch, they are just going to take and re-overlay the entire street, so none -- J mean the existing asphalt would still be there, they would just put a new overlay right on top of it, so, that's, basically, the difference. Instead of the 20 patches, a 600 foot long patch, but it's not taking out any of the asphalt, they are just overlaying it is what they are doing. They are still not -- they weren't proposing to go in and cut 19 utility lines or anything like that, it was just the same utilities that we additional agreed to at the Preliminary Plat stage and instead of doing a 20 foot patch, they are just going to overlay the entire street section. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Then, to clarify, in the original assumptions that you have made, it wasn't as many trenches to the mains as what Mr. Watson is asking? Boyle: Correct. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And I guess I would agree on the public health concerns, but I guess what -- I also see Mr. Boyle's point is that at the Preliminary Plat stage we didn't think it was that big of a health issue to make it a requirement then, because we allowed them to be approved with using these mains. Watson: Mr. Mayor, Councilman Nary, Council Members, I don't believe that's the case, unless I have been misinformed by my staff. This came up at the hearing, that they didn't want to do this. Mr. Freckleton was forced to edit comments at the staff and Council -- or during the Public Hearing and his comment was that they would cooperate to the extent possible, or we would, to use the ones we could, but not the ones that couldn't be used. Unless I'm totally misinformed by my staff, there was never a concrete solid agreement on what was going to be left and what was supposed to be taken out. Boyle: Mayor and Council Members, I second Brad on that. I mean the understanding was that we would coordinate with Public Works to utilize the facilities that we could and the others we would have to put new services in. Nary: So, just so that I'm clear, Brad, what you're saying is that you folks have had that discussion, but it's still the feeling of the Public Works Department that the one inch lines are really necessary for these residential lots, not only to be consistent, but -- with our other developments, but also because of trying to service the needs of those residents with what was originally proposed to put there. Meridian City Council Meeting May 27, 2003 Page 17 of 66 Watson: Councilman Nary, you're correct, and this all kind of evolved from the time of the Preliminary Plat application until this point two weeks ago when we met with the engineer to try to work this out -- we continued to try to work this out and the plans had come in for review. Our engineering tech reviewed them and sought guidance from Bruce Freckleton and me both. There was a little bit of back and forth while these plans were being revised and coming back in. Well, one of the reasons we were going to work with them in the first place is to minimize these new services was because of this 20 foot patch back and if you get 18, 20 foot patch backs and the whole road is taken out, you may as well start over. That's why we were going to work with them. As the plans came in, it -- we found out, since the whole road was going to be over laid, then, the patch backs wasn't the big deal in our mind that it was initially when the Preliminary Plat was heard. Nary: Now, this condition that I guess -- I assume that we are talking about is condition four, sanitary sewer service and municipal water to this site shall be from the existing mains installed through the proposed subdivision. Is that the same language in the preliminary approval? Subdivision desired to coordinate main size and routing with Public Works Department. Watson: Councilman Nary, unfortunately, I don't have the recommendation from Planning and Zoning in my file, but that is the comment that I think we are talking about. Ninety-nine percent of the projects that coordination has been completed before you ever hear it. This is one case where we have tried to and we see things in a different light. Nary: If we were going to concur with what you're wanting, Brad, what would be different with this decision? You just said you don't have it in front of you, but all it says is it shall extended to existing mains. What I think you're saying is that it can't be for the existing mains, it has to be like every other residential subdivision with new mains. Watson: And this comment is almost boilerplate. It will be installed from the existing mains that are in the existing street. If you were to make a motion based on my recommendation, I don't think the comment would change, that they would comply with Public Work's recommendation regarding sizing and routing. Nary: Okay. Watson: But I think Clint took exception to that comment or wanted it clarified. Nary: What do you want it to say? Boyle: Well, again, you know, I guess we are back to square one on that item and that is that, again, the developer at this point wants to be back to having the allowance being able to utilize those commercial services. Again, we are talking about the water and the sanitary sewer services that are existing and stubbed to those lots. Ideally, from the developer's standpoint on the project and from what at least where they wanted to be, they would prefer to have use of the existing commercial stubs. Meridian City Council Meeting May 27,2003 Page 18 of 66 Corrie: In other words, you'd like to have four voided and we would rather have it in, because I don't know see anything about -- Boyle: And I didn't see anything, Mayor and Council, specific on that. Again, it was just a point of clarification, because, obviously, there has been some back and forth with the staff and with us representing the developer on what's going to be the most suitable situation out there and that's why you're the elected officials to make the difficult decisions and so we are bringing it forward to the Council, so that we can have their input and decision on it. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: In thinking about this, if we go against the recommendation of our Public Works, we are setting precedence for this to come back and haunt us. Frankly, I worry about the safety issue also. It isn't something that -- it might not happen, but if it does, that's not good planning. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd also bring up the point when we went through this original application with Mr. Boyle, I believe he stated that these houses, they were hoping they'd have people of mine and your age that were snowbirds, so we are talking about an application that is hoping to have snowbirds. I do, too, hope they can, but that's going to leave that water sitting a lot longer in an eight inch pipe than the normal household would. I think that's something else we need to think about. I think we need to really take a hard look if we are going to change our rules and regulations between commercial and residential and we -- you know, we didn't ask them to come back in and ask for a residential deal when they had already been approved as a commercial. Boyle: Mayor and Council, if I just might, we will be tying into city water for the landscaping services, so if you want to keep that water so it's not stagnant, we'll set the timers to go off three times a day to water the lawns -- Bird: Are you going to do that in the wintertime and everything? Nary: That's an ice skating ring over there. De Weerd: Yes. That's not a pond anymore. Boyle: We will try to get as many contractors as we can out there to fill their water trucks up and whatnot for the construction sites around town and -- Bird: And they send the bill to you. Meridian City Council Meeting May 27,2003 Page 19 of 66 Boyle: Yes. Corrie: Okay. Anything else? Boyle: I think that's -- Corrie: Council? Boyle: -- the main item there. Corrie: Okay, council, any other questions? De Weerd: I have none. Corrie: Okay. Thank you, Mr. Boyle. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: As I understand this, the thing that our Public Works Department wants is number -- item number four -- condition number four, I should say, needs to be left in there as per word. Corrie: Yes. They have to coordinate the main sizing and routing. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Final Plat of 19 building lots and two other lots on 3.1 acres in an R-15 zone for Scottsdale Villas Subdivision No.1 and No.2 and ask to include all staff comments, with further clarification that the water and sewer issue be to residential use as per Public Works Department recommendation and to ask the attorney draw up Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay. Motion has been made and seconded, any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I do want to commend the developer for improving the quality of the green space in this. I'm sure you recal!l voted against this project. I think they have made it nicer in Meridian City Council Meeling May 27,2003 Page 20 of 66 the Final Plat. That it is a residential subdivision and I think it's proper for Public Works to want it to be complying with that. Corrie: Okay, any other discussion? Hearing none -- Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved as approved. MOTION CARRIED: ALL AYES. Item 12. FP 03-027 Request for Final Plat approval of 7 building lots and 2 other lots on 12.08 acres in an I-L zone for Gemtone Center No.5 by Gemtone, Inc. - west of North Eagle Road and south of East Fairview Avenue: Corrie: Item Number 12. This is a request Final Plat approval of seven building lots and two other lots on 12.08 acres in an I-L zone for Gemtone Center NO.5 by Gemtone. Staff comments first. Hawkins-Clark: Mayor, Members of the Council, this Final Plat is for Gemtone Center No.5. It does propose an extension of East Pine Avenue, a commercial urban collector. Eagle Road is approximately a half-mile here to the east. This is the last portion of the Gemtone project, which, as you know, has had numerous phases in place for some time. The project does propose seven building lots and two other lots. The extension of Commercial Street, as you may recall during the Preliminary Plat, was a point of quite a bit of discussion. Commercial Street is a public street coming down through Lanark Subdivision and, then, it's a private street here to the east. This is the area that has been looked at for -- it's had a spa use and other things. There is an old railroad spur that exists, that's the reason for the curb there. They are, as you can see, having their main five building lots here on the north side of Pine. They will extend Pine and, then, they have another building lot that is down adjacent to the Union Pacific railroad tracks down here to the south. The agreement was that this North Machine Avenue, which is right now just a stub at the end of the public Commercial, this North Machine Avenue would be widened to a full 40 foot commercial street section and they will need to provide connectivity, so that these two commercial streets would end up ultimately connecting. As you're probably aware, since when this piece owned by Mr. Dennis Baker develops, it's likely the city would require Machine to be extended and, then, Pine could access Eagle at the signal there, instead of using Commercial Street. But that did get worked out in the Preliminary Plat phase, so they are, as noted in item number six on page two, they will have to construct Machine to a full 40 with their curb, gutter, and sidewalk. They are having to have special setbacks on this triangular shaped piece next to the spur that any buildings up here on the north end would have to have a minimum 20 foot setback from their west boundary to allow for a future extension of Machine, so that would give us adequate space there in the future for that right of way. We did receive written comment back from Engineering Solutions, the applicant Becky McKay, and dated today, May 27th, and they do say that they concur Meridian City Council Meeting May 27, 2003 Page 21 of 66 with all conditions of approval. She did tell me that they would not be in attendance here tonight, but they,concur and would ask for this to be moved on. Corrie: Thank you, Brad, any other questions, Council? Hearing none, I will entertain a motion, then, with that letter from Ms. McKay. I can't make a motion. De Weerd: Apparently, no one else can, either. Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve request for Final Plat of seven building lots and two other lots on 12.08 acres in an I-L zone for Gemtone Center No. 5 and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order and to include all staff comments and applicant's response. Nary: Second. Corrie: Motion has been made and seconded, any further discussion on the request for Final Plat approval? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion for Final Plat approval for Gemtone Center NO.5 is approved. MOTION CARRIED: ALL AYES. Item 13. FP 03-028 Request for Final Plat approval of 74 residential lots, 2 commercial lots, 8 common lots, and 1 private roadway on 12.05 acres in R-40 and C-C zones for Locust Grove Place Subdivision by Earl, Mason and Stanfield, Inc. - west of Locust Grove Road and south of Fairview Avenue: Corrie: Item Number 13 is a request for Final Plat approval of 74 residential lots, two commercial lots, eight common lots, and one private roadway on 12.05 acres in an R-40 and C-C zone for Locust Grove Place Subdivision by Earl, Mason and Stanfield, Inc. At this time I will entertain staff's comments first. Hawkins-Clark: Thank you. As you may recall, this project originally came through as an apartment complex with commercial lots out on the frontage on Locust Grove Road. They did come through last year to amend that project and they have now come in with townhouses, instead of apartments, and they have reduced the number of non- residential lots to just two. Locust Grove -- South Locust Grove Road is on the east of the project. Fairview is north. Immediately north is the auto-wrecking yard. The Jackson Drain and the South Slough, I believe, both -- it's not the South Slough. The Jackson Drain -- there is, actually, two irrigation facilities that are right next to each other there. I can't remember the other one off the top of my head. They do have two points of access into the project. It is a private street network. It stops being public at Locust Grove. They are continuing a public pathway system that Pinewood Meridian City Council Meeting May 27,2003 Page 22 of 66 Apartments, which are here to the back, did construct to the boundary and, then, this developer is proposing to continue that public pathway along the Jackson, along the north side of these lots, and, then, come down and ultimately connect in with the detached Locust Grove sidewalk. That would provide also a future crossing to continue the pathway along the Jackson here on the east side of Locust Grove. That pathway we did recommend that they deed or otherwise convey ownership to the city upon completion of the pathway and the parks and rec department would accept responsibility for maintenance of the pathway surface at that point in time. The applicant has given us a written response, dated May 23, and in that they state that they are working with the city attorney regarding that pathway and the conveyance of that property. The Parks Department did not comment on the pathway, other than saying they want detailed approval. I think that the comment -- yes, our parks director left this evening, but I think that his point there was they want to insure that there is a clear agreement in place. Certainly, I think the way that we have worded it that the pathway shall be constructed prior to issuance of the first CO gives adequate time for the applicant to work with the Parks Department on that. The commercial lots would not take direct access onto Locust Grove. They would take access internally off a private street. There is a buffer between the office and the townhouses here, a few other open space lots in here. They do meet the minimum five percent open space. I think it's. more like ten. I think the only other -- there is two items on our staff report to point out to you. Item number five -- item number five on the third line, right now it says that the road base must be approved by Ada County Highway District and that was addressed in Mr. Stanfield's letter to us as well. Since it's a private street system, I think maybe a better way to word that on the third line would be proof that the road base meets Ada County Highway District standards. That way it just gives the City Public Works Department evidence that, they have been constructed to ACHD standards, but doesn't necessarily mean that ACHD would have to go out and inspect the construction. And, then, Dave McKinnon did also submit a May 23 memo that had two other corrections and one of those had to do with fencing. He's simply saying that the solid fencing adjacent to that public pathway here on the north side, that if they do solid fencing, it must be limited to four feet in height. They are given the option to provide some kind of a clear, open if they want to go to six feet, so that's one correction in Dave's memo. Then, the other is to eliminate Condition Number 17 on Page 3, which deals with the gravel pathway and that, obviously, doesn't apply to this development. I think those are the two changes in the staff report to point out. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, just to clarify a couple things. This is one of those pathways that would clearly tie into the master pathway agreement with Nampa-Meridian, for which a license agreement to the city would be required and I have talked to Nampa-Meridian -- or I should say I have traded voicemails with the Nampa-Meridian Irrigation District attorney in terms of what is required to get that license agreement and we don't believe that that's a difficult process for this specific one. Corrie: Okay. Thank you. Is the applicant here this evening? Meridian City Council Meeting May 27, 2003 Page 23 of 66 Stanfield: Good evening, Mayor, Members of the Council. Scott Stanfield with Earl, Mason and Stanfield out of Caldwell, Idaho. 342 Badiola. In my usual fashion I won't offer any objections this evening and concur with everything the staff has said so far. Corrie: Okay. Any questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: On the fencing thing on item seven, Brad, is the language in here what you want it to be? Because I think it is, but I guess I just want to be sure what your comments were. It talks about the four foot fencing, with the two-foot lattice fencing on the top, if they want to do that as per the fencing plan. I think we are only talking about the fencing on the house side, not the side of the -- but you don't want to change this -- Hawkins-Clark: Councilman Nary, it would just the addition of a new sentence that would be on bottom of that that if solid fencing is used adjacent to the pathway, the. fence would be limited to four feet in height and changing the shall to a may, which would be on the first line there. I think it's just giving them the option. The way it's worded they have to do a six-foot fence and, certainly, we don't -- that's not the intent. It's just clarifying that they have the choice there. Nary: Okay. Thank you. Stanfield: Thank you. Corrie: Thank you, any further discussion? Okay. I'll entertain a motion, then, on the request of 03-028. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve FP 03-028, request for a Final Plat approval of 74 residential lots, two commercial lots, eight common lots, and one private roadway on 12.05 acres in an R-40 and C-C zones for Locust Grove Place Subdivision by Earl, Mason and Stanfield, Incorporated. West of Locust Grove Road and south of Fairview Avenue, for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order and incorporate all staff comments, all replies by applicant, attorney comments. McCandless: Second. Corrie: Okay. Motion has been made and seconded, any further discussion? De Weerd: Mr. Mayor? Meridian City Council Meeting May 27,2003 Page 24 of 66 Corrie: Mrs. de Weerd. De Weerd: Just so -- I know it was a staff comment, but it would be including the Amendment Number 5 regarding the road base. Bird: Yes. De Weerd: Okay. Corrie: Okay. Is the second okay? McCandless: Okay. Corrie: Okay. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. The approval with the changes and staff comments, the request for. Final Plat approval on Locust Grove Subdivision is approved. MOTION CARRIED: ALL AYES. Corrie: Council, you want to take five minutes here before we move forward? Bird: That would fine. Take a five-minute break. Corrie: Okay. Let's take just five minutes. We will be back here at 25 after 8:00 to start our Public Hearings. (Recess. ) RECONVENED AT 8:27. Item 14. Public Hearing: CUP 03-018 Request for a Conditional Use Permit for a bank with drive-thru in an l-L zone for Washington Trust Bank by Russ Wolfe - south of East Presidential Drive and east of North Eagle Road: Corrie: Okay. I'll reconvene the City Council meeting. Item Number 14 is a Public Hearing, Number CUP 03-018, request for a Conditional Use Permit for a bank and drive-thru in an I-L zone for Washington Trust Bank by Russ Wolfe. At this time, I will open the Public Hearing on the CUP 03-018. We will limit the comments of the public to three minutes and the applicant to five minutes and we will start with the staff comments fi rst. Hawkins-Clark: Thank you, Mayor, Members of the Council. This project is a Conditional Use Permit for a combination building. It's going to be used for office -- it's a branch for the bank, it's also going to be used for storage, and about 2,000 square Meridian City Council Meeting May 27, 2003 Page 25 of 66 feet of the building would be for a training center for the bank. It's approximately 22,000 gross square foot of the building. The location is here on the southeast corner of Eagle Road and Presidential. The Crossroads Subdivision is to the east, so it would be utilizing the same main access road and the residential subdivision does. This would be the first building within Presidential Subdivision, which is this larger acreage here south of Presidential that was originally a part of the Conditional Use Permit for the whole Meridian Crossroads project back in '98. Blue Cross, as you can see, is across Eagle Road. Here is the revised Site Plan layout that we did receive after the Planning and Zoning Commission hearing. The only access into the site at this point would be off of East Presidential Drive from the north -- north property line. The track -- the traffic circulation is two-way within the site. They do have parking completely around the perimeter. They have four drive-thru aisles here on the south side of the building. The Planning and Zoning Commission did recommend approval. They accepted staff's comments that asked for a couple of additional planters and a few small tweaks to the southern boundary to adjust that landscape area there and make room for the trash enclosure here, et cetera. Here is a colored rendering that was submitted with the application. This would be the Eagle Road elevation and you can see the drive-thru lanes here on the right and, then, access into the building would be on a couple of different sides of the building. They are looking at some tinted glazing, brick veneer- work, some -- a couple of different types of signage that they have proposed. I guess that's -- that pretty much summarizes I think what staff had to offer on this. We did receive a letter from the owner's representative Russell Wolfe, who has just provided some clarification, that's dated May 15th, but they are in agreement with the Planning and Zoning Commission's recommendations as they came out of the P&Z hearing. Corrie: Okay, any comments or questions from staff? Bird: I have none. Corrie: Is the developer or the representative here tonight? Is the testimony you're about to give the Council the truth, so help you God? Oberst: Yes. Corrie: Okay. Oberst: Mayor and Council Members, Dean Oberst, 2412 North Lark. We do appreciate the opportunity to be before you. We do agree with all the staff comments and we'd like to leave it at that and just thank you for the opportunity, any questions that I might be able to answer? Corrie: Okay. Thank you. Oberst: Thank you. Corrie: Thank you. Is there anyone from the public that would like to issue testimony in this? Okay. Hearing none, thank you. Meridian City Council Meeting May 27, 2003 Page 26 of 66 Nichols: Mr. Mayor? Corrie: Yes. Nichols: Brad, what's the date on the revised Site Plan, please? Hawkins-Clark: Thank you for that clarification. It's May 13, 2003. Corrie: Okay, any other discussion from Council, for the Public Hearing? I'll entertain a motion, then, to close the Public Hearing. Bird: So moved. McCandless: Second. Corrie: Okay. All in favor say aye. All ayes. Public Hearing is now closed on Item No. 14. MOTION CARRIED: ALL AYES. Corrie: Discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Conditional Use Permit for a bank with a drive-thru in an I-L zone for Washington Trust Bank, with the revised plat notation on May 13, 2003, and ask the attorney to draw up Finding of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the Conditional Use Permit, CUP 03-018, 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 request for Conditional Use Permit, Number CUP 03-018, is approved. MOTION CARRIED: ALL AYES. Item 15. Public Hearing: MI 03-008 Request for sales office / model home in an R-4 zone for Inglenook Model Home by Inglenook Development - 2720 South Locust Grove Road: Meridian City Council Meeting May 27,2003 Page 27 of 66 Corrie: Item No. 15 is a Public Hearing, MI 03-008, request for a sales office/model home in an R-4 zone for Inglenook Model Home, by Inglenook Development. At this time, I will open the Public Hearing. Same rules apply. Staff first. Hawkins-Clark: Thank you. The application before you -- I think this is about the third one that you have seen over the last couple of months. The one that -- as staff has stated previously for these model homes, we are working on amending to allow this more at an administrative level, but at this point, to be consistent, we are requiring these applicant's that request model homes after they have already been approved to come through this MI process, miscellaneous application process. The lot that they are proposing for tonight is the first lot in Inglenook Subdivision on the north side of Fireside Court. It's off of South Locust Grove Road. The whole -- the entire subdivision was shown here approved last year and they are seeking to convert a three-car garage to a temporary sales office, model home that would market the subdivision. We have included our standard comments for these sales home offices in our staff report, dated May 15th. Here is the floor plan of the housing product type that would be used for the model home. The garage is out front and they are looking at one to two staff members on site, seven days a week, 8:00 a.m. to 5:00 p.m. Generally, the house is going to look like this and, then, they would convert one of the bays, so we ask that you include' the conditions proposed in our May 15th memo. Corrie: Okay. Thank you, Brad. Questions? Okay. Is the representative here tonight? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Ford: I do. Corrie: Name and address, please. Ford: Honorable Mayor, Members of the Council, Ashley Ford, director of planning for Hubble Engineering at 701 South Allen in Meridian and I'm here representing Inglenook Development. Basically, we are in agreement with the conditions of approval and we'd just ask that you approve us this evening and I would be happy to stand for any questions. Corrie: Questions, Council? Ford: Thank you. Corrie: Thank you. Anyone else like to have testimony at this time? Okay. Hearing none, Council? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we close the Public Hearing Ml 03-008, request for a sales office/model home in an R-4 zone for Inglenook model home. Meridian City Council Meeting May 27. 2003 Page 28 of 66 De Weerd: Second. , Corrie: It's been moved 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: Discussion? Hearing none, I'll entertain a motion on the request for a sales office/model home. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve Ml 03-008, request for a sales office/model home in an R- 4 zone for Inglenook Model Homes by Inglenook Development, 2720 South Locust Grove Road and for the attorney to draw up the Findings -- or proper papers and to include all staff recommendations. Nary: Second. Corrie: Okay. Motion has been made and seconded to approve the request MI 03-008 with staff comments, any further discussion? Hearing none, roll call vote, Mr. Clerk. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion requested is approved. MOTION CARRIED: ALL AYES. Item 16. Public Hearing: 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: Corrie: Item Number 16 is a Public Hearing. This is VAC 03-002, request to vacate existing easements in Crestwood Subdivision No. 1 by plats of Havasu Creek Subdivision No.1, 2 and 3 by Farwest, LLC. At this time, I will open the Public Hearing and same rules apply. Staff comments first. Watson: Thank you, Mr. Mayor and Council Members. This application is a vacation of common utility easements along the boundaries of two lots in the county subdivision of Crestwood Subdivision. Those two parcels, two lots of Crestwood Subdivision, will be re-platted under the Havasu Creek Subdivision projects, they have solicited easement releases from the City of Meridian, Idaho Power, and those have all been signed. The only one -- the only thing that I could point out is that in the transmittal to Settler's Irrigation District that they returned to the City Clerk's office May 5th, their written ( Meridian City Council Meeting May 27,2003 Page 29 of 66 statement says that this easement should be protected and I believe they are referring to the one across the northern boundary of the northern lot. I have talked with the applicant who is here tonight and it sounds like from conversations today Settler's now doesn't claim any jurisdiction over that particular drainage way or irrigation ditch. If Council approves this, I would just ask that it be contingent upon written verification from Settler's that they don't have jurisdiction over this or a problem with the vacation. With that, I'd answer any questions. Corrie: Questions of staff? Bird: I have none. Corrie: Thank you, Brad. Is the representative here this evening? Is the testimony you're about to give the truth, so help you God? Cook: It is. Corrie: Thank you. Name and address, please. Cook: Richard Cook, Briggs Engineering, 1800 West Overland Road, Boise. Mr. Mayor and Members of the Council, this is normally a very routine item that is traditionally taken care of with the recordation of a plat, but because this particular easement was a joint utility and irrigation easement, we had to go through the formal vacation process and what we have along there is currently a 20 foot wide easement and that easement has been there for many years, since the creation of Crestwood Subdivision, and what we are, essentially, asking for is not to wipe out the entire easement, but what the end result will be is that we will have a ten foot wide easement along the north property boundary. In other words, on the Havasu Creek side of the user ditch, rather than a 20 foot wide easement. It's my understanding that years ago when the Crestwood Subdivision was created, that the ditch was located ten feet further to the south than what it currently is and that there was a ten foot wide easement on either side and the ditch was relocated ten feet north and that ended up -- we ended up with a 20 foot wide easement totally on the south side, so we are providing the easement. When we record the plat, there will be a 10 foot wide easement along there for any maintenance that is required and this is a user ditch, it's not a ditch that's controlled by -- or maintained by Settler's. They control the head gate along North Locust Grove Road and they, you know, of course, it's their water through their system, but the maintenance of it is up to the individual lot owners that utilize the water out of this ditch. Primarily, those two and a half to five acre lots, and we are requesting your approval of our application for vacating the easements. If you have any questions, I will be happy to answer them. Corrie: Questions? Okay. Thank you. Is there anyone else from the public that would like to issue testimony? Yes, sir. Is the testimony you're about to give the Council the truth, the whole truth, and nothing but the truth, so help you God? White: Certainly, Your Honor. Corrie: Name and address, please. Meridian City Council Meeting May 27,2003 Page 30 of 66 White: John William White, 4635 North Locust Grove Road. Your Honor, I thought Mr. Cook might have been one of the property owners in the Crestwood Subdivision, but apparently not, by his address that he gave. We are probably here on a moot point. The property we are speaking about is not even in Meridian -- or the portion they are trying to take from us. We are Ada County. If I may, can I go to this and point out -- this right here. This line is our property line. We are in Ada County. This overlay is what you want, which is Meridian, which you don't have. I believe we spoke on the telephone about a month ago, Mayor, when I called you to have Mr. Goldsmith call me. He didn't call me. Who called me back said he would not call me, but before he shuts down our irrigation ditch, he will call me. Esteemed Members, Your Honor, thank you. Corrie: Any questions? Anyone else that would like to issue testimony? Oliver and Barbara Palmer, you're against it as well? You're against that as well? Do you want to testify to anything? If you want to talk, you have to come up here. Can't hear you back there. I'll swear you in and, then, you can talk all you want for at least three minutes. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Palmer: It is, Your Honor. I was just saying if they are going to take the ten feet, take it out -- Corrie: Name and address. Palmer: Oliver Palmer, 1515 East McMillan. If they are going to take the ten feet, take it off the subdivision, so we don't have to move all of our fences and replace some of them, care for all of our ditches and that's going to be a lot of work for the existing people that's already there. Corrie: Okay. Thank you. Anyone else? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Martin: It is, sir. Corrie: Name and address, please. Martin: Justin Martin, 5606 North Ten Mile Road. Mr. Mayor, Members of the Council, I represent Farwest. We definitely don't have any intent of impeding the flow of their water or removing easements from the Ada County side of their property. Havasu Creek is annexed into the city. Is all we propose simply is that the easement be recorded with the plat as ten feet, as opposed to 20 feet on our side? We would be happy to work with any of the lot owners on cleaning their ditch or moving it or anything that they want done now. Anyway, it won't have a negative impact. Corrie: Any questions? Nary: Mr. Mayor? ( Meridian City Council Meeting May 27, 2003 Page 31 of 66 Corrie: Mr. Nary. Nary: So, Mr. Martin, I guess so I understand and maybe so the neighbors understand, all you're asking to do is to vacate from your plat 10 feet that is on their side of the property line? Martin: All we are looking to vacate -- or requesting to vacate is from the fence line, which is primarily the boundary line. The ditch -- the user ditch is just north of that fence line. It's from that fence line -- there is a 20 foot easement back into our property, we'd like to move that back to ten, which is a standard by back lot lines of Final Plats for utility companies, drainage ways. If Settler's Irrigation had an interest in it, that's what they would require us to do. I shouldn't speak for them De Weerd: Mr. Mayor? Corrie: Ms. de Weerd. De Weerd: You know, so the property owners in the county, their fence line is their property line? Martin: There are various fence lines in there, but the most southern fence line is on the south side of the ditch and is their boundary line as well. The ditch is on their side of the fence. We removed the fence recently to replace it with a wood fence, as required by city ordinance -- subdivision ordinance that it is required to replace it with a fence, a real fence. Until that point, to my knowledge, there was a fence both on the south side of the ditch -- some of the lots owners on the north also had another fence on the north of the canal and it made a tunnel where that ditch was and I don't know if that was to keep animals out or not. I'm not sure what the intention of the two fence lines was. De Weerd: And so the reason for vacating the easement is what? Martin: As Mr. Cook stated, there was, in the past at some point, the ditch had been moved to the north 10 feet and standard those ditches are located in the center of those easements, 10 feet on each side or five feet or whatever the requirement was at the time when that easement was put into place. Sometime in the past the ditch was moved to the north ten feet, so now that entire 20 feet is all on the Havasu Creek Subdivision plat and we are just requesting to remove the bottom, the southern ten feet, so it will leave the standard ten feet across the top, which is a requirement on the back lot lines. De Weerd: So, your easement -- the easement for that ditch will still remain on your property and you're just asking to reduce it from 10 to 20? Martin: That is correct. De Weerd: Or 20 to 10. i \ Meridian City Council Meeting May 27, 2003 Page 32 of 66 Martin: That is correct. The standard, I believe, on the back lot lines -- and staff could answer this better -- that there is a ten foot standard easement on the rear lot lines of lots and five foot on the sides. This happens to be along the backs of all, but I believe maybe one of our lots, which would be a side lot line, that way we would still be able to leave ten feet, if need be. De Weerd: And are you burying that? Martin: We are not. It's not on our property. It's just to the north of our boundary line. De Weerd: Okay. Martin: And, granted, in some places that inches, but it's just to the north. I would see in the future those five-acre parcels the back three acres or so of most of those is pasture for animals. Obviously, when we develop this you will see increased people into looking at their property for future developments as well. We will, then, have road stubs and the street alignment as well, and whether or not that does get piped in the future, get buried. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council. Mr. Martin, I take it, then, you wouldn't be opposed to a condition in the order that says that you have to not interfere the delivery of water down that ditch by the -- Martin: Absolutely not. We definitely can't. The requirement is that we don't interfere with their flow of water in there. I think the law is fairly clear on stating that they are able to continue to get their water rights and we have no intention of slowing that down or changing it, even to the extent if they want us to clean the ditch for them, if all the neighbors would get together at once and have one guy show us what to do, more or less, as opposed to working with each neighbor individually. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Just for process on this for Mr. Nichols, we haven't done a lot of these over here since I have been here. Was the intent to follow this up with a resolution or something like that? Otherwise, we don't have a document to record. Nichols: Mr. Mayor, Members of the Council, I think there has to be an order vacating the easement. It has to be prepared and it's submitted for your approval on the consent agenda and, then, that is what gets recorded. I think one way to look at that, this is the vacation of one easement, but there, in effect, is a replacement easement in the Havasu Creek Subdivision for all of these things. It's the vacation of the 20-foot, but a new easement of 10 feet along that north boundary would be in place, but there would also Meridian City Council Meeting May 27,2003 Page 33 of 66 be -- but those other ones would be removed accordingly. I looked at the application and I don't see a specific property description, which should probably be addressed to Mr. Cook, as to the location of those easements or descriptions to be included in the order. That should be defined. I noticed there was -- the plat was attached, but I didn't see a specific description. I suppose we could attach the plat to the order, but since you're going to record the order and show that those easements are vacated, it would probably be better if we had a more specific description submitted that just refers to those easements that are vacated, if that's what the Council decides to do. Nary: Thank you. Corrie: Anything else? Martin: No. Thank you. Corrie: Mr. Cook, do you have anything further? Cook: Thank you, Mr. Mayor. I think it's, really, a question for Mr. Nichols. Were you looking for a legal description of the current easement, plus a new description for the - ten-foot easement? Nichols: Mr. Mayor, Members of the Council. Mr. Cook, what I was looking for is you have asked for vacation of an easement and we need to be able to describe that and, then, I -- presuming, since the 10 foot utility easement is part of the standard conditions, it will be shown on the Final Plat for Havasu Creek One, Two and Three. Cook: This is correct. The new easement will be not only shown, but there will also be a legal description for that as well. And as far as providing a description of the present easement, that's not a problem. We can furnish staff with that. Other than that, just to reiterate what Mr. Martin said, that the entire easement is on our side, it's on the Havasu Creek side of the ditch, and we are just reducing that 20-foot wide easement by ten feet and there is no interruption to service whatsoever. Corrie: Any further discussion? Anybody else from the public wish to issue testimony at this time? Okay, council, further discussion? Okay. I'll entertain a motion, then, to close the Public Hearing on VAC 03-002. Nary: So moved. Corrie: Motion has been made. Is there a second? McCandless: Second. Corrie: Motion has been made and seconded to close the Public Hearing. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Meridian City Council Meeting May 27,2003 Page 34 of 66 Corrie: Further discussion? Okay. I'll entertain a motion on the request for vacation. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move the approval of V AC 03-002, the request to vacate the existing easement in Crestwood Subdivision No.1 by the plats of Havasu Creek Subdivisions No.1, 2, and 3 by Farwest, LLC, west of North Locust Grove and West Ustick Road and West McMillan Road, to include all staff comments and including a specific legal description of the actual easement to be vacated to be provided, for counsel to prepare an order pursuant to that. Corrie: Brad, is there something that you wanted to add about the irrigation? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Mr. Nary, would that include Brad's comment regarding getting something written from Settler's saying yes or nay? Nary: Certainly. The order would also include it. I guess it would include that, as well as the concerns that have been expressed about making sure that there is no interruption of service. Bird: And also including Mr. Martin's -- the applicant's comments to the owners. I would second that. Corrie: Okay. Motion has been made and seconded, any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I -- just for further clarification of Mr. Martin's comment about working with the neighbors, that they will give written statements to our staff or something that that meeting was held to discuss maintenance of the ditch. Corrie: Any further -- Nary: As part of the -- I guess a clarification as part of the order of this that you're requiring -- you'd like to require that they have a meeting with the owners and they provide proof of that? De Weerd: Well, he said he would meet with the neighbors to discuss the maintenance and -- Meridian City Council Meeting May 27, 2003 Page 35 of 66 Nary: I just don't want to end up in a Wingate situation. I mean I agree and I -- De Weerd: Well, he made -- Mr. Bird made a comment and so I was just trying to figure out what that comment meant. Nary: Yes. They are required by state law to make sure that they don't interpret the service in that ditch and so they have to do that, but I just am afraid if we add that condition of providing some documentation of a meeting. That we are going to end up with an issue like that and [ don't know to do that, but I think they certainly have assurance and they have the law behind them to require them to maintain that service, so I think they should be covered. Bird: Second agrees about not without proof of meeting. Corrie: Okay. Roll call vote. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion carried on V AC 93-002. MOTION CARRIED: ALL AYES. Item 17. Public Hearing: 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: Item 18. Public Hearing: 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: Corrie: Now, the Public Hearing on the 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. At this time, I will open the Public Hearing with staff comments fi rst. Hawkins-Clark: Mr. Mayor, I'm sorry, did you open both 17 and 18? I didn1t catch that. Corrie: No, I didn't. Okay. I'll open 17 and 18, since they are on Fairview Lakes. Hawkins-Clark: Okay. Thank you. Item Number 17, Mayor, and Council, the application that was submitted is for a miscellaneous application for a temporary private road. Staff has had discussions and -- excuse me -- Mrs. Powell, I believe, spoke with David McKinnon and a conversation with the applicant about the necessity of having a miscellaneous application and my understanding is that the applicant has agreed to, essentially, withdraw that, mainly, because the City Council has already approved a private road from Fairview up to a majority of the length of the project that they need it. What you have before you tonight was to extend it another couple hundred feet and I Meridian City Council Meeting May 27,2003 Page 36 of 66 guess staff's opinion is that since you have a public -- I mean a private street that's been constructed, there is ,a plat that is going to dedicate that street that's in process right now. That at the portion on the north end that this item was -- Number 17 was for is -- can be, essentially, referred to as a driveway and it would be constructed to similar standards, but I don't know that we need to formally process that. I guess I can let the applicant address that further, but that's staff position on Number 17. On Number 18, the Conditional Use Permit is for a project that you have seen a couple of different times. It's located on the north side of Fairview Avenue and the connection of Teare Avenue with bollards. Earlier tonight on your agenda you approved that development agreement on the Consent Agenda that removed bollards that were originally there and now they have a development agreement that allows Teare to be extended through. The property is today undeveloped. The Jackson Drain comes in from the northwest and bisects the property at the northern portion of it here. There is a stub street, Clarene, that comes in at the north end and, then, as I mentioned earlier, Teare also stubs into this northeast portion. What the Council has already approved is this overall layout here. They have a conceptual Conditional Use Permit for the southern portion and they have a detailed Conditional Use Permit for this area that's shown as area A, area B, and area C. What they are proposing tonight is to revise the conceptual and detailed application. Mainly, the driver from the applicant here is a modification on the. northern portion. They are proposing to reduce this area up here that was 192 units to 96 and, then, replacing this area B, which was apartments before, with an office type of development. They are reducing the number of apartments largely, what we have been told, in response to the market now for rent and going with fewer apartments and increasing the number of square footage of office on this project. It involves about 4.3 acres that's all currently zoned R-40. This area A and area B and area C was annexed with a C-N commercial neighborhood zone and that's also a part of their modification tonight. They haven't requested any revisions to this shopping center portion of the project. Not yet. The conditional use -- the conceptual plan development on that is only concept at this point and any additional condition -- or any additional development would require future conditional use permits on that southern portion. Here is a look at the overall layout of the site. The larger retail portions, as just noted, are future conditional use. They are not proposing, really, any modifications to that at this time. They have this main entry road off of Fairview that was approved as a private road and at this point is being platted under the name Devon Park Subdivision. This roundabout, then, turns into the office portion of the project, which they have stated that they are intending to subdivide that in the future as well, so that those would, actually, be small sort of, you know, 1,500 to 2,000 square foot size office pads that would be available for purchase. At this point in time, they have not platted, but that was stated that that's their intent. Then, you would come through that office portion and, then, the apartments is a similar layout to what you have already approved. There is another public pathway that's part of the city's master plan that generally comes in here from the very northeast -- or northwest corner of the project and, then, follows the Jackson Drain, comes behind the offices in between these existing single family houses and, then, crosses the street and, then, would continue on down to Fairview as a ten foot wide asphalt public path and the Planning and Zoning Commission didn't deal with that specifically. It was a part of the original conditional use, so we'd just ask that you -- that the applicant meet the approved Preliminary Plat and Conditional Use Permit. The one additional consideration to the staff I'd like to throw out tonight would be for -- and I don't think that Meridian City Council Meeting May 27,2003 Page 37 of 66 this was in the original conditional use or plat, maybe the applicant could clarify that, but there are a couple of-places, primarily here, where this public pathway would cross the street. Up here in the corner there is a clearly designated crosswalk across the vehicular path, but there isn't the same designation where the public street crosses the path and so we'd recommend a new condition that says developer shall coordinate with the Highway District to construct a clearly designated pedestrian crossing for the pathway at all street crossings. Then, Sanitary Service Company did also submit a comment, Bill Gregory, with SSC. He did state that he wanted to place a hold until a more detailed plat was submitted for review. Trash enclosures were not shown on the detailed Site Plan for this office area. I think that was Bill's comment. I'd just ask the applicant to address that tonight in their testimony about SSC's comment and, then, the applicant could also address -- the Planning and Zoning Commission asked for a new -- a new parking island to be installed in this area. There are 15 stalls that are directly contiguous that don't have a breakup of the planter and that's part of the landscape ordinance, so they were asked to submit a revised Landscape Plan prior to this meeting that showed that. I don't think it's a big enough deal to hold them up, but if we could just confirm that their parking ratio is still going to be met when they have to remove a stall to get that in there to comply with the Planning and Zoning Commission's recommendation, so -- thank you. Corrie: Okay. Is the applicant here this evening? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Tamura: Yes. Corrie: Thank you. Name and address. Tamura: Mayor, Members of the Council, my name is Doug Tamura, I'm the owner and developer on this project and one of the clarifications on what we are trying to do with this miscellaneous application is -- one is I think the city has a policy that we can't pull permits while we have got a pending plat and so what we'd like to do is on this office complex, the timing with the interest rates where that is real good where we can provide an affordable office -- owner occupied office building, so that why we'd like to press ahead with this. We have got potentially two or three builders who would like to start construction this summer, so the plan is if we can get the miscellaneous application to provide for a temporary access while we are going through the plating process -- we are scheduled for Devon Park 2, which is the plat for both the upper family lot and, then, a 15 lot office subdivision that's going to be heard before Planning and Zoning June 5th. Timing wise on our construction, we are planning on construction of the Devon Park 1, which takes it up to the cul-de-sac and the connection to Teare Avenue. We are hoping to start construction on that in late June or early July and, then, with extensions, and, then, also while we are going that, start construction on the office park. The reason that we didn't show that -- we didn't show that landscape island, because what our thought was is when we platted Devon Park No.2, we just showed that west half as just one large lot right now. Our thought is if the market is strong for the concept that we have on the east side, that we are planning on reducing the amount of retail on the west side and doing kind of a mirror image where we just flip that whole concept over on that other side. Right now our office portion is kind of a two-phase project where we will Meridian City Council Meeting May 27,2003 Page 38 of 66 start the east side first and the west side second. We have got a couple of retail candidates that we are in negotiations with right now. We are hoping within the next 30 to 45 days we will be back in front of Planning and Zoning and get the detailed plan of what we are planning on going with the commercial, but things have been rolling along real well for us. Then, as far as the conditions of approval, we don't have any problem with adding that pedestrian crossing condition that we will work with the Highway District on that pedestrian path. We made a couple of minor adjustments on that pedestrian path. One of the thoughts that we'd like to do is on that main road going up into our office complex, we'd like to make it more of a boulevard type of roadway, so one of the two things that we are proposing is I believe we are required to do a 25 foot landscape buffer on the east side and a 20 foot buffer on the west side and so what we'd like to do is we are going to work with the Highway District on getting a license agreement and doing a landscape strip next to our road where we can put a tree-scape and lighting up that and, then, have a separated sidewalk on both sides and it will run all the way up to multi-family site, so we will have this kind of boulevard effect all the way down. The other thought that we did is we made our cul-de-sac large enough so we can incorporate a water feature, kind of a signage in the middle of that cul-de-sac that will be kind of the marquee for the office complex there in the middle and so, you know, we are going to try to create a real nice atmosphere as far as how we are going to create this. kind of multi-use site. The other thing that we saw was that we think that the -- you know, the parking lot with the office complex, it's a lot more complimentary use for our commercial tenants, so I think, you know, when we are completed with the overall project we will have a pretty good plan of how to develop this piece of property, so we are just here for questions. Corrie: sse comments? Sanitary Service? Tamura: Oh, what we can do is work with them on that. On our first phase of our office complex our parking ratio was four and a half per thousand, which is way over parked and so what we can do is expand some of our landscape islands and incorporate -- typically we will locate probably two or three three-yard dumpsters that we should among the complex. The way we are setting up our eC&Rs in the office complex is that it will be managed under one management, so both landscaping and utilities -- at least, you know, trash and sewer service will be handled as an association, but we will coordinate and work with trash service on locating the dumpsters. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Tamura, my recollection was that when we had a discussion a few months ago about the light, that part of the reason that the Highway District was such in favor of the light was because of the density of the housing that was going to be there and now we have taken out about half of the housing that's going to be there and what's proposed to be there and so has that changed in regards to the traffic signal or anything with that roadway we approved? Meridian City Council Meeting May 27, 2003 Page 39 of 66 Tamura: You know, we had a special hearing just on the connection of Teare Avenue with that light and I believe at that time -- and Christie is here and she can kind of verify it and I can't quite recall the exact numbers of what our project generates, but I believe right now Jericho generates between two and three thousand trips per day. I think our project alone generates around 10,000. Even with the office complex, it's not going to significantly change the overall generation of what our project is going to create. Nary: Okay. So, we are still going to have a light, although -- Tamura: Yes. Nary: That hasn't changed. Tamura: No. The plan is still going to go ahead and install the light. One of the concerns that we had as far as the public image is we didn't want to have a stop light not going anywhere and so we are pushing real hard to go ahead and start construction on things, because we think that part of the marketing program for us is the energy that once we start buildings and have a stop light in place, the road there, that it will bring some of the other retail components that we are looking for. Nary: And the main reason that's been changing -- I mean normally -- I'm not real adverse to removing some of the density in that particular area, it's just the market just decided to change your focus to more office? Tamura: One of the things that we are seeing in the valley right now is one of the strongest components -- you know, because we -- as owners and developers, we own all types of real estate and the softest thing that we see in the market right now is the office leasing component. By far the strongest kind of commercial retail office component that's out there is owner occupied office buildings. It gives a small businessman an opportunity to own his own building and pay less rent than he would leasing from someone else, particularly with SBA and the interest rates and where they are at. We are thinking that with that location it's going to give all the moms and pops and neighborhood support people, you know, insurance, accountants, dentists, those kinds, to have an opportunity to own their own building in a real nice office environment. I think it's a real win-win, I think, for both Meridian and for ourselves one of the people that are going to build the first building is Hopkins. He's planning on moving his office from Boise to Meridian. Nary: Thank you. Tamura: All right. Thank you. Anymore questions? Corrie: Any questions? Bird: I have none. Tamura: All right. Thank you. Meridian City Council Meeling May 27, 2003 Page 40 of 66 Corrie: Thank you. Is there anyone else from the public that would like to issue testimony? Okay. Hearing none, Council? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I just had one more question for Brad. ] guess I was thinking on hearing you saying on their request for the temporary private road, the miscellaneous application 007, that it wasn't really -- it wasn't really needed or you just had absolutely no adverse comments to it? Powell: Mr. Mayor and Councilman Nary, kind of both to -- yes to both questions. Generally, you need a street to provide frontage. They are not proposing a plan at this time all these uses are on one lot. Their private street that they have now provides the frontage for that lot. The extension of it is really the same thing as a driveway on a larger piece of property, such as the commercial ones we typically see. There doesn't seem to be a real need for it. On the other hand r if they really want to, I mean there is not a real problem with it. I guess on all of these miscellaneous applications I'm trying , to pair them down to the ones that really seem appropriate and necessary for you to spend your time on. Nary: So, the short answer is it's all right if we approve it, you don't really think we need it at any rate, but if we approve it it's not going to hurt anything. Powell: Yes, sir. Nary: Great. De Weerd: Thank you. Corrie: Any other questions? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: With that I would move that we close Public Hearings Number MI 03-007 and CUP 03-014. McCandless: Second. Corrie: Okay. Motion has been made and seconded to close Item Numbers 17 and 18, Public Hearings, any further discussion? All in favor say aye. Opposed no? AI] ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council Meeting May 27,2003 Page 41 of 66 Corrie: Discussion? Item Number 17? Okay. I'll entertain a motion, then, on the request for a temporary private road Ml 03-007. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve MI 03-007, request to construct a temporary private road for the construction of Phase 2 in a C-G, R-40, and C-N zones for Fairview Lakes by Fairview Lakes, LLC, 824 East Fairview Avenue, and to draw up the proper papers and include all staff comments. Nary: Second. Corrie: Okay. Motion has been made and seconded to approve the request for a temporary road on MI 03-007, any further discussion? Roll call vote, Mr. Clerk. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion approved. Item Number 18, request CUP 03-014. MOTION CARRIED: ALL AYES. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I think the changes that are being requested are very appealing and it looks like a very nice amenity. An addition to the city with the proposed changes, so I'm going to move approval of CUP 03-014, request for a Conditional Use Permit for a reduction of approved 192 unit apartment to 96 units and 55,000 square foot office park for the Fairview Lakes by Fairview Lakes, LLC. Ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order, to include the testimony on the designated pedestrian paths, to coordinated with ACHD, and also to include a revised Landscape Plan to show the parking island changes and address trash enclosures. Bird: Second. Corrie: Okay. Motion has been made and seconded on CUP 03-014, with all comments in the motion, any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. CUP 03-014 is approved. MOTION CARRIED: ALL AYES. Meridian City Council Meeting May 27,2003 Page 42 of 66 Item 19. Public Hearing: 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: Corrie: Item Number 19 is a Public Hearing, CUP 03-013, request for a Conditional Use Permit to modify operational hours and change building placements original approved CUP in a C-N zone for Cherry Crossing by Hawkins Companies. At this time, I will open the Public Hearing on Item Number 19 and invite staff's comments first. Powell: Mr. Mayor, Members of the Council, the project is located at the intersection of Cherry Lane and Linder Road and they have been in before. The site is currently undeveloped. There is Cherry Lane. Here is Linder Road. Since I wasn't here before, I will let the applicant tell you any change -- the way he's moved things around, but I can tell you what he's got now and that is this is a drive-thru for a Pizza Hut, a Walgreen's would be located here. This is a leased space for a retail use and, then, this is a combined office and retail use. The staff report -- Steve went into great detail to point out the differences between the original application and the new proposal on the first. page of your staff report. They are decreasing the square footage of the retail space and the drive-thrus, the office retail will stay the same, and they are switching out a 24- hour fuel facility for another retail building. There seems to be a general decline in the intensity of the use as far as square footage of buildings. There is a difference in the hours of use. Instead of a service station that would be open all day and all night long, you now have a Walgreen's that would be open all day and all night long. The site does have access from Emerald Falls Drive to this location here. There is a right in and right- out off of Linder here and also a right in and a right-out off of Cherry. This would allow for left-hand turns off of this road and for this road. As well it would allow for left-hand turns. The discussion at the Planning and Zoning Commission focused primarily on two items. The first one being a drive-thru associated with the Pizza Hut here. It was a delivery drive-thru, so that the pizza deliverers just drive up. The problem was is that the driveway emptied right into basically oncoming traffic as they turned off of Cherry Lane. The Planning Commission did not approve that drive-thru and the applicant has submitted this revised plan that does not show the drive-thru. That was most of the discussion. The other discussion centered around an existing house on the site that was being offered for a burn site -- or a test burn for the Fire Department and there was some issues regarding the timing of that and how that would affect development and that issue didn't quite get resolved. Hopefully the applicant can provide some more information on that. Staff would like -- or would be willing to add the condition that allows the owner a little flexibility regarding that burn on the timing of it and that if you so choose you could say the applicant shall construct full street buffers along Cherry Lane and Linder Road. Except the portion adjacent to the existing house may delay until after that burn and that gives him a little more flexibility, which I believe is what he was looking for from the Planning and Zoning Commission. You might want to clarify with him tonight. There is a non-development agreement on the property, but from the Planning and Zoning Commission testimony it would seem that the applicant has worked that out and that does not need to be an issue at this time, that our conditions of approval address that. Meridian City Council Meeting May 27, 2003 Page 43 of 66 Corrie: Thank you, Anna. Powell: We have a couple elevations and those are -- there is the Walgreen's. That first I believe were the office ones. And that's the end of staff's testimony. Corrie: Okay. Thank you, Anna. Questions, Council? Bird: [have none. Corrie: Is the applicant here this evening? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Huffaker: Yes. Corrie: Name and address. Huffaker: Mayor and Council Members, Brian Huffaker with Hawkins Companies, 8645 Franklin Road. Mrs. Powell, could you put up the messy Site Plan? I apologize, I didn't. realize that there were so many lines in there it's just so confusing. You know, to keep it short, we concur with the staff report and the revisions or conditions in the staff report as we came out of Planning of Zoning Commission. Mrs. Powell addressed basically the two items, one being that the drive-thru Pizza Hut this time is fine with not pursuing that any longer at this time and so they revised to get rid of that. The other item is the house and, again, as we mentioned in the Planning and Zoning Commission, there is really no incentive to Hawkins Companies whether that house gets burned in July or whether it gets burned later in the year. We did approach the Meridian Fire Department and the correspondence I have had with Deputy Chief Johnson is they plan to use that house for their trainees, their graduating academy trainees or possibly during that training, which is scheduled somewhere around the last week of October to November. We are leaving that schedule to the Fire Department and they are the ones that are dictating when they would like to use that house. I certainly think it's a great opportunity for the Fire Department to have that training. If there is some concern, we certainly will work with them to have them do it sooner. We are just trying to accommodate their schedule. I think it was clear, at least in the intent with the Planning and Zoning Commission, to allow that overlap, if you will. What's driving the development right now is the Pizza Hut building. They are ready to submit their plans as soon as this approval process is complete, with the summer construction and possibly being open in September. Therefore, we are looking at a three or maybe a four-month overlap of having occupancy in use with that building there. What is unresolved -- and I think Mrs. Powell had some language there that I was comfortable with and I appreciate that. It is really a conflict in the development agreement. The development agreement states that the perimeter landscaping will be in place prior to the first commercial building occupancy. The situation we will have is possibly occupancy of the Pizza Hut with a house that encroaches that 25-foot landscape buffer by about seven feet or however long the house is, 20, 25 feet. I talked with Mr. Siddoway today. There was that concern of the development agreement requiring that buffer to be built, yet, we have got a structure over that with flames, and the damage could occur to the existing Meridian City Council Meeting May 27,2003 Page 44 of 66 development -- or the existing landscaping. Maybe Mrs. Powell has the correct language to possibly allow a portion of this landscape here to be delayed until the Fire Department is able to burn the house down and we can go ahead and complete the other portions of the non-development agreement as originally intended. Other than that, we concur with the report and would answer any questions if you have any. Corrie: Okay. Council, any questions? Okay, very well. Huffaker: Thank you. Corrie: Thank you. Is there anyone else in the audience that would like to issue testimony at this time? Okay. Council? Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Staff -- or, Mrs. Powell, what's the date of the revised Site Plan, so that I can insert that into the notes. Powell: May 20th. Corrie: Any other questions for the Public Hearing? Okay. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Yes. Just, again, Mrs. Powell, so the only thing that's really changed here is the front, right? Or the portion facing Cherry Lane? This is still the same as it's been, it's just this -- it's just this -- really this addition here and taking that fuel station out; is that the main -- Powell: You may need to ask the applicant. I don't have a copy of the old Site Plan with me right now. I just know the square footages haven't changed on the office building, so I assume it's in the same spot. I'm sorry. Huffaker: Mr. Mayor and Council Members, Brian Huffaker. I apologize I forgot that question was out there. What originally was approved was this same configuration of an office/retail building. There is, actually, a fast food drive-thru shown here. The old Save-On pharmacy was shown here with the 24-hour fuel use here that was in combination with the Save-On use. We really don't have any particular use back here, so we left that as it was originally approved. We kind of flopped the fast food use down here with the standard retail use here. Whether that turns out to be a fast food that we have to come through for a separate approval that might be the case. We do have some standard retail users that we think or hope we can keep in this similar configuration. And, then, obviously, the pharmacy use here in exchange for the 24-hour Meridian City Council Meeting May 27. 2003 Page 45 of 66 fuel center, is the pharmacy use. At the backside is the same the access points are all the same all the perimeter landscaping has remained the same. Nary: Thank you. Corrie: Any further discussion? Okay. I would entertain a motion to close the Public Hearing, then. McCandless: So moved. De Weerd: Second. Nary: Second. Corrie: Okay. Motion is made and seconded to close the Public Hearing on CUP 03- 013, any other discussion? All those in favor say aye. Opposed No? Motion carried. MOTION CARRIED: ALL AYES. Corrie: Further discussion? Hearing none, I'll entertain a motion on the request for CUP 03-013. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of CUP 03-013, request for Conditional Use Permit to modify operational hours and change building placement from the original approved CUP in a C-N zone for Cherry Crossing by Hawkins Companies. At the northwest corner of West Cherry Lane and North Under Road, for Council to prepared Findings of Facts and Conclusions of Law and Decision and Order, with the modified Final Plat of May 20,2003. Bird: I will second that, Mayor, with a motion to add one thing. We need to put a date that the house has to be gone by, the first of the year or February of 2004, or something like that. We have got to have some kind of a date. Nary: Do we need them to just workout the date or do we want to set a date? Bird: Well, if you work out a date, it's 2006, and it's still sitting out there and our Fire Department still has to burn. , Nary: I don't know that we have -- by February 1, 2004? Bird: Okay. I'll second that. Corrie: Okay. Motion has been made and seconded, any further discussion? Roll call vote, Mr. Berg. Meridian City Council Meeting May 27, 2003 Page 46 of 66 Roll call: McCandless) aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 20: Public Hearing: 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 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 20. This is a Public Hearing, CUP 03-015, request for a Conditional Use Permit to add a heliport with office and fueling, 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 St. Luke's Regional Medical Center. At this time, I will open the Public Hearing on Item Number 20, CUP, and staff comments first. Powell: Mr. Mayor, Members of the Council, St. Luke's has recently leased a helicopter to -- a second helicopter for their Boise site. When that helicopter shows up at their Boise site, they have to get the one that's there out someplace else and right now they have been taking it to someplace where they can fuel it, but what they are proposing to do is come -- bring that -- excuse me. I didn't point out where 8t. Luke's was. I think you know where it is. The facility is located -- or will be located -- where is my arrow? There it is, down in the corner of the -- southeast corner of the property. They are proposing to construct a facility there to accommodate it. It would be a manufactured building with a wainscoting on it and -- it doesn't show the overall site. I'm sorry. It's a small portion of the site and the driveway here connects to the Touchmark facilities and, then, you would have the office here and the heliport here. The access would be -- eventually come through here and, then, come down, but for now it will be coming through the Touchmark facility. When that road eventually connects they will have direct access. The site is well located in that the helicopters will come over the freeway, rather than over a residential neighborhood. There was some discussion at Planning and Zoning Commission about what if they took off over Montvue. The FAA does not allow that, so those people would have recourse through that. The clear intent is that they would be coming in over the freeway and make use of that as a buffer to those residential neighborhoods. The area would also have a refueling station for the helicopters. There was a requirement that they submit a revised Landscape Plan and they have accommodated that. The revised Landscape Plan is dated May 14, 2003. Just to point out a couple of perhaps unusual conditions of approval. There is one that the refueling facility shall not be for commercial sales and that a future hangar structure may be built at this location without further Conditional Use Permit approval if located on site on the submitted Site Plan. On that, there really wasn't much discussion at the P&Z, so that will suffice for staff testimony at this point. Corrie: Questions? Comments? Meridian City Council Meeting May 27, 2003 Page 47 of 66 Bird: I have none. Corrie: Is the applicant here this evening? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Hall: Yes, sir. Corrie: Name and address, please. Hall: Mr. Mayor and Council Members, my name is Jeff Hall, I'm the director of architecture and construction services for St. Luke's. We are familiar with the staff report and the conditions, the other agency comments, and have no concerns with any of those. We are here and able to answer any questions you would have. Corrie: Okay, any questions at this time? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Hall, I know there aren't homes there right now for the Meadow Lake Village, but I guess I'm not clear as to how close this is to where the homes are going to be. Hall: Mr. Mayor and Councilman Nary, the homes are generally north and east of here. The southwest corner of their site, which would be closest to our southeast corner where we are proposing this, is planned for a maintenance facility and storage yard on the last master plan we have seen from our neighbors at Touchmark, now called Meadow Lake Village. They are familiar with this proposal and have no concerns. As staff pointed out, they are granting us access on their private road to get to the site. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: In looking at the P&Z minutes, you state that this helicopter is not necessary for the Meridian hospital, so why is it going -- why are you requesting it to be on this site? Hall: Mr. Mayor and Councilwoman de Weerd, we are relatively new to the helicopter ambulance business and our accommodations we have at our Boise location on the rooftop, what we call our East Tower, was never designed to house a helicopter full time. We don't have housing accommodations for the crew. We don't have refueling capabilities. It is merely a heliport for helicopters to bring patients to our hospital there and/or on occasion to remove them somewhere else. This accommodation is to provide appropriate housing for the crew, as well as a place to park the helicopter in between its travels. Meridian City Council Meeting May 27,2003 Page 48 of 66 De Weerd: Isn't there a better place a little bit further out? You know, I know this is kind of far out on the Meridian city boundaries, but it's still kind of centrally located on where you would house it. I guess when I saw the application I was anticipating that it was more to work into the long term master plan of providing that sort of service to the Meridian hospital and after reading it as well it states that that would be more top of the building than right there. I guess I question why there -- why there? Hall: Good question. We studied many sites on many properties owned throughout the valley and this was the one site that made the best criteria of getting away from rooftops, having available landing places. It's preferable to land on the ground than up in the air, so we looked at many elevated opportunities on roof tops in Boise and we either didn't have the structural capacity on those roof tops or we had other encumbrances, trees, streetlights, power lines, such and so after a pretty extensive study, this was decided to be the most effective -- excuse me -- also the least disruptive location of all the properties we had, This can provide ambulance or ambulance services at the Meridian site. Our long-term plan for this campus is the most recently completed phase three project, which is the actual hospital beds and surgery rooms, in the long-term, will mirror or clip itself and double in size to the east of the current phase three. At that point in time will provide the structural capacity -- will propose to provide _ the structural capacity on the roof top, so we can land a helicopter on the hospital at that point in time to pick up or transport patients as well. We don't have the structural capacity on the roofs we have at our Meridian campus today. De Weerd: How much noise will they make? We had a Black Hawk land at the school a couple weeks ago, flew over our roof tops and you definitely knew the presence of that and distance is probably similar from our house to where that helicopter landed. I couldn't imagine listening to how often each day, you know, what kind of use would this have and that sort of thing. Hall: I have some people here that could probably answer the question more accurately than I can. We are projecting about 300 trips per year for the first year, we haven't completed our first year in business, and the longer-term projections are about 400 flights per year. We do have the director of Air St. Luke's with us, as well as one of our pilots who could probably better speak to the type of helicopter noise and such, if you like. De Weerd: Okay. Nary: I have a question for -- Corrie: Mr. Nary. Nary: Whafs your -- you said the long-term goal is to expand the hospital use and, then, build the structural capacity to land the helicopter there and basically abandon this site at some point in the future, at least for a helicopter site or just as an alternate? Hall: We haven't got into the level of detail. We certainly want to get helicopter landing opportunity on the top of the hospital, whether we would provide this long-term parking Meridian City Council Meeting May 27, 2003 Page 49 of 66 capacity and the housing at the hospital in lieu of this location or not, we haven't thought that through yet. Nary: Do you have any timetable of how long that -- Hall: We learned in our previous master plan efforts not to try and predict the growth in this area. It's many, many years away. Corrie: Any other questions? May be five years away. Hall: I suppose. Thank you. Corrie: Thank you, any other testimony? I believe James Rogers? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Rogers: Yes, it is. Corrie: Name and address, please. Rogers: Jim Rogers. I live on 1115 Rolling Hills Drive and we are opposed to this facility and if I may show you where that is located. This is Rolling Hills Drive -- this is the Rolling Hills Drive Subdivision and we live approximately here and, then, of course, there is the retirement community that's going to be filling this area right here. The prevailing winds in this area are primarily from the northwest to the southeast, which is approximately this direction right here. Most aircraft land against the wind. That means the approach could be directly over our place this way, rather than on the freeway, sometimes it could be directly over this area here. At this point the helicopters are not going to have a lot of altitude coming over these residents, 200, maybe 500 feet, Something like that in landing mode -- in landing mode and takeoff mode they are pulling a lot of collective, there is a lot of rotor noise and a lot of turbine noise coming off those helicopters. These can land 24 hours a day, seven days a week, as we said before, they are very noisy. In the military I walked under helicopters quite a bit, there is a reason to wear hearing protection around helicopters. As it is, we get a tremendous amount of noise from the freeway, especially during these northwesterly winds and wind storms or, you know, the westerly winds we get, just simply because it's blowing towards us. This is a noise we don't need to put up with, this additional noise, and we have no guarantee there is going to be one flight a day or there is going to be five flights a day. I'm asking you to, please, take into consideration the neighborhoods around us, plus the potential of the people who are going to be living in the retirement community over there, there is going to be older people and they are not going to appreciate that kind of noise. Thank you. Corrie: Any questions? Nary: No. Meridian City Council Meeting May 27, 2003 Page 50 of 66 Corrie: Anyone else to issue testimony? I'd like to hear from the pilot, if J could. I have got some questions I'd like him to answer. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? McClellan: Yes. Corrie: Thank you. I had one question -- oh, I'm sorry, name and address, please. McClellan: It's Bob McClellan. I live in Boise, 4478 Chinook. Corrie: Thank you. How would you approach that site? Could you go over houses or down the highway or how could you do that? McClellan: Well, that's the advantage of this place is being able to use the freeway as the approach and the departure path and even with strong winds the helicopter that we use is the quietest helicopter that is designed. It doesn't have a tail rotor, it isn't as loud as the Black Hawk, that's the advantage of this machine, and it's powerful enough that even with crosswinds we can utilize the freeways as our approach and departure path. We wouldn't be flying over the houses we'd either be making steep approaches, which, would avoid all residential areas. There would be very few times it would necessitate flying over any houses. Corrie: Okay, any other questions? Bird: Sir, what are the decibels on a helicopter? What do they turn out? McClellan: Oh, I don't have that -- Bird: Ninety-two, 96, something like that or would it louder than that? McClellan: Lower than that. I think it's eight -- .82. Bird: Okay. That's -- I didn't think they were that loud. I would think it would be safer to come down on the ground than some of the times with the weather you guys land up on the 81. Luke's, 81. AI's, the roof tops, I mean I don't know how you put them down, sometimes, up there in the wind and stuff, so I think that this is a very, very safe landing place for helicopters to come in. McClellan: Yes, it is. Bird: It's probably as good as the airport or better. McClellan: Right. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. Meridian City Council Meeting May 27, 2003 Page 51 of 66 McCandless: I have question. Can you estimate the amount of flights you will have in and out, you know, on an average? McClellan: Oh, maybe one a day currently. It will pick up and one good thing about this location, our response time to Ada County and Canyon county will be much quicker than from downtown on 1-84 or any traumas. It's ideal to service these local counties, because we are right there with the helicopter, so we get a request, we are airborne within five minutes and on our way to the patient. It's a good location to service Ada County and Canyon County on any trauma accidents. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Right now -- I mean you're saying that it's one flight a day, essentially, is what it sounded like, over the course of a fairly short period of time it was one and a half to two fights a day, somewhere in that range. [mean I guess what I'm concerned with is what kind of assurance can either you or St. Luke's give us about these neighbors' concerns? I think Mr. Rogers -- his concerns, he lives right in this area and, you know, there is no . real assurance, this is not a car, that you're just going to be able to go straight down the freeway and make a right turn right there at the corner, so you have got homes on one side of the freeway you may have two crosses, you've got homes that are going to be fairly significantly impacted in this area right to the east -- I guess I'm not sure -- I guess I'm not really hearing what kind of assurance do we have that you aren't going to be flying over these people's houses. I assume there is a reason that they prefer to do landings on top of buildings and not next to residence, so what assurance do we have? McClellan: Well, when we make our -- when we make our approach to any of the hospitals that have heliports, we have to make -- there have make to our approaches over houses, though we are at a high altitude and we make a steep approach, it's not a low approach and you can take a large truck going down a freeway and that truck will almost be as noisy as the helicopter that we use to make these approaches. It's just a different type of noise. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. McClellan, perhaps you could describe what you -- what a steep approach is, what your average flight height would be down the freeway, when you would start that descent, you know, using this picture that's on the wall, you know, are you flying at 400 feet above the freeway, 500 feet, 1,000 feet? What's your distance above the freeway, when do you start that descent when you talk about a steep descent? McClellan: Well, we normally fly around a thousand feet over congested areas in route. So, we will start descending farther away from the hospital and, usually, at the 500 foot steep approach and you have -- well, it usually starts about 500 feet. Meridian City Council Meeting May 27, 2003 Page 52 of 66 Nary: Mr. Mayor? Corrie: Mr. Nary. McClellan: A pretty steep angle. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: There was some discussion at the Planning and Zoning Commission that the requirement was that they have to fly at least 2,000 feet. Was that just an error? McClellan: Two thousand feet? The FAA requires 300 feet above congested areas, but that's our minimum requirement, but 1,000 feet is normal altitude to fly. The traffic pattern at the Boise airport is 1 ,000 feet. Nary: I guess it's just -- it says in the minutes, it says the actual requirement says it must be about 2,000 feet above ground level and they would use the freeway to gain. elevation. This is in response to inquires regarding Montvue and Meadow Lake and flying over these houses and so that was the testimony that was -- or that was the discussion, I guess. It's one of the Commissioners talking that it was 2,000 feet. What you're saying is that's not accurate? McClellan: Well, we can do any -- we can use any altitude that is needed, but the minimum requirement is 300 feet by the FAA. If thafs what it necessitates to go over all of these subdivisions, well, that's what we can use. You just don't come to 2,000 above the hospital and, then, go straight down, you got to have an angle of approach, which can be 45 degrees or be 60 degrees, according to how steep of an angle you want to take. You're not limited to any specific altitude. Corrie: Any other questions? Okay. Thank you. Anybody else that hasn't testified that wants to testify? Okay. Council, questions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I would have a question for Mr. Hall. I was wondering if you have any information on decibel levels on the noise that would be generated by the helicopters, versus the noise that already currently exists on the 1-84 and, you know, I guess to really put that noise into perspective. You know, it's a new noise, but is it any louder than what is currently being generated by 1-84? Hall: Mr. Mayor, Jeff Hall. I do not have comparative data on this helicopter and any other ambient background noise. Corrie: I believe the pilot said it was about equal to a truck at that point there, so -- Meridian City Council Meeting May 27, 2003 Page 53 of 66 Bird: I know that it's 80 -- their decibel is only 83 -- or 80 decibels. They are right with a truck or even a loud car, because I know at the speedway that the racecars run about 92 -- or 92 decibels is what they are allowed. They are not -- those helicopters are not that loud. I've had -- not the privilege, but the necessity over the last two months to be in St. AI's a lot and I had the privilege of listening to the helicopters come in and they are not that loud, they are not -- you can -- you're in the hospital right next to it in one of the wings, you can definitely hear them, but they are not any louder than the traffic noise on the interchange going down the road. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: You know, this is a fairly unique use, but it isn't like it's the only use, so I guess I didn't see in the staff report that there was any inquiry with Boise as to whether or not they receive a lot of complaints or concerns expressed about the use at St. AI's. I mean they have an alternate pad that they have, it's adjacent to the freeway, that they use on a rare occasion, but I guess I'm not -- [ guess I'm still uncomfortable with this type of use. and the uniqueness of it. We don't really have a whole lot of input as to how much bother it's going to be, other than Mr. Rogers says it's going to be a bother and nobody else can tell me it really isn't. I guess I'm a little concerned and right now, we don't have residents, but people call us because the speaker in a drive-thru is too loud and people call because their neighbors are playing their radios too loud. I just think this is really a risk to us. I mean I said to the other gentleman, I mean there is a reason that this -- these things are supposed to land on top of buildings, is to keep them as far away from houses as they can be and I guess I don't have any data and you don't have any and I don't think the staff has any to say these really aren't -- these really are like a loud truck. Hall: Mr. Mayor, Commissioner Nary, I have been with St. Luke's for over 13 years and we did relocate the heliport to a ground location and we added onto the top of the hospital in the early '90s and it landed on the ground for over a year within a half a block of the East End Neighborhood Association Warm Springs residents and we -- in over a year I can only think of one complaint from the residents. It's somewhat anecdotal, but that's our experience. Nary: Is that at least one a day? At least one landing a day every day? Hall: I don't have that data. My office is a house directly across the street from the emergency room underneath where the helicopter lands and you do hear the helicopter land. You do hear the difference between the two different helicopter services, and including the military on occasion, and [ can attest that the pilot is correct, this is the quietest of the machines that come and go from the hospital in Boise. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting May 27,2003 Page 54 of 66 De Weerd: I guess when I thought it had something to do with the medical center, it could be easily -- more easily justified than housing a machine that -- that I know when it was at 8t. Luke's it was just getting up and getting started, so the frequency is certainly going to be different than this location. It is a prime location for it, you cannot argue that point, except where there are residences and there is a whole big subdivision that I don't think they know one thing about this proposal. I would be -- I would like to have a little bit more information on decibels, on how it compares to the freeway, because I haven't really thought -- you know, I was looking at the noise I heard in my subdivision. I'm not next to the freeway either that creates noise different, but, you know, it's certainly -- I don't know how it compares to each other. Just guessing is not something that I like to base my decisions on. I also would like to get maybe a letter from the neighborhood association on how it didn't -- or how neighbor friendly it was, as it -- I mean that is a close knit area and if you only got one complaint, that's very amazing, but how many landings did it do? I guess I would like a little bit more information. I don't know what the rest of the Council feels, but I would like a little bit more information, so I could better put this in perspective. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Yes. I guess I would concur, except the one thing, I guess, we haven't talked about -- two things we haven't talked about. I don't see any buffering. I mean one of the reasons we abate the noise to these residences along here -- my recollection is there is a -- this wall that runs all along the berm right here, with the trees, huge trees, along this way. I don't recall on this side of the freeway, but that's why they built the masonry walls and why they built the fencing and trees and all that to create some sound buffer, just so that the noise from this freeway doesn't impact these residents. I don't see in here that we had any real buffer to this pad and recognize there is probably a reason for that, from a flight saving standpoint, but that's also is the trade-off to the noise issue and I don't know if there is a solution to that. The other thing is I don't see in our staff report conditions that give us some ability to deal with this. Like I said, from an enforcement standpoint, when these neighbors -- if it's a problem, you're not there, this gentleman who testified is not the pilot and they are flying over houses. That's just the way they do it and three to five years from now it's a problem and all of these neighbors are really mad, I want to have some enforcement mechanism to deal with it and right now I don't know that we have any. I don't know that we have a lot. I guess that's one of the things I would -- if we have the opportunity to get more information, I'd like both of you, as well as the staff, some ways to abate some of these issues, as well as enforce it later if it becomes a problem. Hall: Mayor Corrie, Commissioner Nary, a couple comments. Those conversations were held before the P&Z. One of the things, because it appears that one of the Site Plans is missing that shows the flight approach and take-off angles that are required of us by the FAA. It was felt that our -- a pilot -- a pilot who would be authorized to land here, who was not obeyed by FAA or being not neighbor friendly, would be dealt with by other agencies by the City of Meridian. Addition to that, I may not be here, but St. Luke's has been around over a hundred years now and I suspect they will be a lot ( Meridian City Council Meeting May 27,2003 Page 55 of 66 longer than I am and St. Luke's will be responsible for our neighbors to the city to make sure that if there are ,concerns, we take care of them. We offered at the P&Z if there were any conditions, you issue to add to us to protect the neighbors or to indemnity yourself, if you will, for any problems that you perceive you may cause considering you entertain or we could be welcome to such a condition. Nary: Okay. Hall: If that helps in you're decision-making process. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess, Jeff, you're using the landscape buffer that currently exists and that's pretty well elevated. You could not see this from like 1-84, could you? Hall: Mr. Mayor, Councilwoman de Weerd, no, the landscape buffer that existed, you're referring to the large berm. That is on the Touchmark property and it tapers off before it ' reaches our property. Commissioner Nary is very correct in his assumption that -- that buffering and shields are contrary to the approach and take-off and trying to nail it to the ground and that's why staff has allowed us to rearrange some of the trees that are required and the buffer, so that we don't grow trees up in the approach and take-off angles from the freeway to this pad, so just the nature of this beast does kind of prevent us from some of the screening that we are allowed between a residence and the freeway. De Weerd: So, you would be able to view the helicopter from the freeway as you -- on the off-ramp or the on-ramp going onto Eagle Road. Hall: Yes. I believe so. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Mr. Hall doesn't the FAA and them people require how you land and take off and all that kind of stuff? I mean they have got a lot stricter requirements than the City of Meridian could ever put on and as far as a pilot, if he loses his license, he's lost his job, so -- Hall: Mr. Mayor, Councilman Bird, we do have a quite extensive application that is submitted to the FAA that does survey all residential, school, and church roof tops within a one mile radius and it looks at the lessor densities in a three mile radius and they are the ones that direct us to fly our approach and take offs. In conversation with the FAA -- not to speak for them, but this is also a very safe site, they like the idea of coming up and down the interstate and not being located somewhere else more central, if you will, and away from the interstate. Meridian City Council Meeting May 27. 2003 Page 56 of 66 Powell: Mr. Mayor,. Members of the Council, can I ask for clarification from the applicant, perhaps in anticipation that we will be working together to find some resolution here. Can you explain if there are things that would prohibit you from more centrally locating that within your campus, rather than putting it out on the extreme edge where you are, kind of leading towards more residences? Would it be possible to pull it towards your parking lot more? Hill: Mr. Mayor, Mrs. Powell, yes, we have studied those other alternatives and the reason it's in this location is because of the freeway. Any direction we would move from this location would be closer to the retirement community at Touchmark or getting closer to our neighbors in the Montvue Subdivision to the north of us. That just adds to the reason it's located here is as far away on our property as we could get it from the closest residence and, then, again, adjacent to the interstate noise there and accessibility. We will look forward to working with you on this. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: You know -- and I don't know anything about all of this, but it just seems if you're conscious about Montvue, the hospital is a great buffer on that. This puts it more in line to seeing it and you don't have the buffer of the hospital. By moving it a little further west and you have -- I don't know. I think you will have fun working with our P&Z director. I just would feel better if I had better information on what noises already exist and how that could actually wash with the noise that you would be bringing in. Corrie: Any other questions? Hall: Thank you. Corrie: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we continue this Public Hearing -- would a week give you enough time or two weeks? One week? To June 3, 2003? Nary: Second. Corrie: Okay. Motion -- Nary: You want to make it specific as to what they are -- De Weerd: Yes. Specifically, to get further information about the noise levels, noise of the helicopter compared to existing decibel levels currently out there due to the 1-84, Meridian City Council Meeting May 27, 2003 Page 57 of 66 response from the neighborhood association when the helicopter was landing at St. Luke's, just on how -- I guess not how good of neighbors they were, but just on the experience they had and to add Councilman Nary's concerns about landscape buffering and what was the -- Nary: I guess some enforcement types of conditions that we could deal with if there is a problem. De Weerd: Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: How many homeowners associations -- how far are you going to go? Ten-mile radius? Five-mile radius? Three-mile radius? How many have homeowner associations? Some of those are old subdivisions out there that don't have it. De Weerd: Mr. Hall mentioned one homeowners association and I think that pretty' much takes care of that northeastern part there by the high school -- or I mean by the -- high school -- by the hospital and so that's the only one I'm concerned about, the one immediately close to the St. Luke's in Boise. Bird: Oh, you're talking about the east end. De Weerd: Yes. Bird: Oh. Okay. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, just to remind you this gives staff two days to get this done, to get the information in your packets before next week by only giving them one week from tonight. Nary: Well, I know they are good, but I don't know that that's very fair. Corrie: I think you're better off the 10th. De Weerd: I would amend that to the 10th. Nary: I concur. I would only make one other comment, while Mrs. McCandless decides what she's going to do. I think there's more good than anything here. I think there are some very positive attributes to the city, but we have sat here time after time with people complaining about things we did. I want to be able to say we addressed it, we looked at it, we tried to address the concerns as best we can and I don't want to have to Meridian City Council Meeting May 27, 2003 Page 58 of 66 be here kicking myself later that we didn't do that. I think we really need to address some of these concerns and I think that we will feel at least more comfortable than I feel tonight, so -- McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I just wanted to make a comment sitting here thinking, we live in a society of noise, and there is no getting away from it. We have fire engines and their sirens, we have ambulances and their sirens, we have police cars and their sirens, and we have a racetrack in the middle of Meridian that some people complain about, because it's noisy, too. These are -- with the exception of the race track, these are emergency vehicles, they are used in emergencies, and the helicopters that would be there -- or the helicopter, I was at a -- I was at a demonstration of one these helicopters at one time and they aren't as noisy, because they don't have the tail rotor. It seems to me that there is not going to be -- when they leave here, if they are based there, they leave here, they are going for an emergency, someone needs them very badly and, then, they come back and wait for the next emergency, is that correct? I don't know that I just -- I . don't object to them for those reasons. Corrie: Any other comments. Bird: I have got a good comment. You can tell who has got the age on this Council. You have to ask them guys once in awhile. Corrie: You don't want me to break the tie. Bird: No. De Weerd: Either that or hearing levels. Corrie: Any other comments? Okay. We have a motion before the Council to continue the Public Hearing until June 10, 2003 to gather more information stated, any further comments? Okay, roll call. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Just for the record, if it was a tie, I believe that you really need a helicopter when you need one, but I would give the two more weeks extension for you fellows and what you can get back for us. I don't agree with everything that's said tonight, but we will see what happens in two weeks. Thanks, Jim. We will have a Continued Public Hearing, then, until June the 10th. MOTION CARRIED: ALL AYES. Meridian City Council Meeting May 27, 2003 Page 59 of 66 Item 21. Public Hearing: CUP 03-016 Request for a Conditional Use Permit for a craft store and coffeehouse in an 0- T zone for The Librarv by Craig Rittenhouse - 141 East Carlton: Corrie: Public Hearing on No. 21. This is a request for a Conditional Use Permit for a craft store and coffee house in Old Town Zone for The Library by Craig Rittenhouse, 141 East Carlton. At this time, I will open the Public Hearing on Item Number 21, CUP 03-016, and invite staff's comments first. Powell: Mr. Mayor, Members of the Council, this project is located at -- it's an existing use, located at the corner of 2nd Street and Carlton and they also have frontage on an alley, as you can see in this picture. It is an existing use. They do have an approved Conditional Use Permit that was granted in 1996 for a craft store and an espresso stand -- or espresso shop and because the applicant is -- plans on expanding the existing building, they were required to come in and get a new Conditional Use Permit and that's why they are here tonight. The parking requirements per our code would require 14 spaces for this use. They currently are able to provide four and those are located n how come Brad gets this arrow up right away and I can never find it? I'm sorry, if the arrow will come up sometime here. There it is. The four spaces are located here. . They are off the alley, so you turn the corner here. You can come in and park. The applicant has made arrangements with Chapel of the Chimes parking to use -- to use their excess parking during the day. Now, they typically have a lot of available parking, except when they are having an actual service and, then, that parking is used up. The requirement of the Planning and Zoning Commission was that they obtain a shared parking agreement to allow patrons of The Library Coffee House to use the Chapel of the Chimes parking lot and that's still -- we are still requesting that that remain as a condition of approval. The applicant has brought in a new letter that he will give you tonight that states that the Chapel of the Chimes is willing to work with them on that, but we do want to see a recorded document, rather than just a letter. We also have received a letter from the Meridian Library District saying that the name of the proposed use does bother them. The applicant's letterhead, which he, actually, has a letter for you tonight on his new letterhead and it is The Library Coffee House. It's just not the library. That is something you will have to decide for yourself. There is not much in the zoning code about naming businesses, so -- the applicant did submit revised plans and they are dated May 22nd. We received them May 23rd. The SSC asked us to put a hold on it until they could approve the garbage can located, which is right n right there by the parking spaces. There we go. Right there. And this issue didn't come up at the Planning and Zoning Commission and, hopefully, the applicant can address it. For right now they are just on hold and there are some opportunities to make that work. MDC was -- we sent a transmittal to the MDC, they did not comment. And that's the end of staff's presentation, other than it does rely on the parking agreement with the Chapel of the Chimes parking. The condition of approval suggests that if that -- if they are not able to secure that shared parking arrangement, then, they would need to come in for a Variance. This is a corner lot, so there is a fair amount of on street parking available for it as well. With that, I will conclude staff's testimony. Corrie: Thank you. Questions? Meridian City Council Meeting May 27,2003 Page 60 of 66 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Anna, can't you use the on-site parking or the street-- Powell: There is nothing in our code that would allow us to at this point. Certainly, if they were required to come back for a Variance, that may be one aspect you could look at as kind of mitigating the need for that Variance, but there are specifically off-street parking requirements. De Weerd: Wasn't the parking code on our list to amend? Powell: Members of the Council, in particular related to Old Town, I think that that is one of the specific things that they are looking at is the parking requirements, because this is the Old Town area and there are special parking issues. De Weerd: Thank you. Corrie: Any other questions? Okay. Is the applicant here this evening? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Rittenhouse: Yes. Corrie: Name and address, please. Rittenhouse: My name is Craig Rittenhouse. I live at 597 North Liberty Street and I'm the owner of the property at 141 East Carlton. Good evening. I received the packet and read the staff report and have no objections to their comments. There were a couple of questions that were brought up and I'd like to address them and, then, would be happy to answer others. First with the parking, the previous owner of this business had a cross-access agreement with Chapel of the Chimes and Chapel of the Chimes has a 70 plus car parking lot right next door. They do about two funerals a month and we had decided -- I met with the general manager there and he's very happy to offer these for parking. They have an insurance situation whereas they can't have any flammable items on their property and that would include things like a lawn mower they use to cut the grass. They need to store that off site, so in exchange for it, they have a little shed that's on my property that they are able to use, so it's a good agreement between both of them and we also agreed that whenever there is a funeral they will get signs put out saying funeral parking only. I do have a letter from them stating that there is a parking agreement and when I was working with P&Z they also asked about the frequency of the parking, which is two times a month at the funeral site and that will be posted, so I have a letter just stating that myself and I can give this to the city clerk. Also with this type of business there is the high school across the street, there are churches all around the property. We also have the DMV there, as well as the post office. There is -- according to the previous owner, there is an incredible amount of foot traffic that comes in and so a lot of the business is there. I think between the cross- Meridian City Council Meeting May 27,2003 Page 61 of 66 access agreement, making my best effort to add as many parking spaces as possible, including a handicapped spot, there with the foot traffic and, then, fourth, on the Carlton side and also on 2n Street, which would be just on the bottom side of this, which is, actually, east of the property. There is plenty of street parking and, of course, P&Z said that they can't guarantee that whoever is parking in a certain spot is for my business or not or for the church across the street, but on all sides of the street here there is plenty of street parking as well. In working with the architect, I think we need -- once we starting tearing down other parts of the building -- we are not expanding at all -- we are making the best effort we can to handle the parking. Second, on the name, I went through my notes and it's kind of humorous. I registered a business name called The Library Coffee House, registered it with the state, and the idea behind it is there were going to be a lot of books and Victorian furniture and rather than a Starbuck's type of place, this is a place where you can come in and relax. There is a meeting room there so small businesses can have meetings with up to 10 people comfortably and enjoy some coffee or tea when they are there. It's going to have lots of books, lots of local artists we will have oil paintings and crafts, et cetera. It's going to be a very unique location and the name is The Library Coffee House. The architect that J'm working with, he told me couldn't fit the whole name on the plan, so he shortened it to The Library, which got translated into The Library just being posted everywhere on the P&Z. documents and so on and so forth. In fact, the first time that I came here to pick up a packet, the girl at the clerk's office asked me if I was opening a coffee house in the Meridian Library, so I certainly don't want to confuse the two. The signage that we have, using the existing sign there, will say The Library Coffee House, all the marketing, et cetera, et cetera. It will be clear. Third is regarding the trash enclosure. The question right now with the sanitary department is I don't know how big a trash can j'm going to need and they just want me to come down sometime and tell them how big it is and, then, we will know how big the enclosure needs to be. The way it opens there, we designed it so that if we need a trash can like you have in the rear of your building with the big swing up things, they would be able to bring a truck in and drive straight in, pick it up, dump it, back out, and head out through the alley. That's the intent behind the plan. We just don't have a specific size yet. I'm flipping coins asking for advice from other businesses on how big a trash enclosure we are going to need. We will clarify that before building, obviously. That's -- those are the three questions that came up. Be happy to entertain any others. Corrie: So, it is called the Coffee House -- Rittenhouse: The Library Coffee House. Yes. Corrie: Okay. There is no -- no copyright with the library, so -- Rittenhouse: It is. It is. And we have my architect to thank for that. Corrie: Okay. Nary: Mr. Mayor? Corrie: Mr. Nary. Meridian City Council Meeting May 27, 2003 Page 62 of 66 Nary: I think this sounds like an excellent addition to the Old Town area, so there may be a little confusion there, but it would be more of a concern for you than the library, because where the library is -- you know, I think that's something that's going to be a challenge for you, but I think it's something that's going to be very nice, so -- Corrie: Okay, any other questions? Okay. Anything else? Rittenhouse: Thank you. Corrie: Thank you. Is there anyone else from the public that would like to issue testimony at this time? Okay. Council, any other questions for the Public Hearing? I will entertain a motion to close the Public Hearing. Nary: So moved. McCandless: Second. Corrie: Motion has been made and seconded to close the Public Hearing on Item 21, . CUP 03-016, and any further discussion? All in favor say aye. Opposed no? Motion carried. MOTION CARRIED: ALL AYES. Corrie: Any other discussion? Entertain a motion now on the request for a Conditional Use Permit. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move that we approve CUP 03-016, request for a Conditional Use Permit for a craft store and coffee house in an aT zone for The Library Coffee House by Craig Rittenhouse at 141 East Carlton, to include all staff comments and applicant's responses. I don't think there is any need to wait for SSC, I mean you can file that approval and for counsel to prepare Findings of Facts and Conclusions of Law and Decision and Order. McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve the request for a Conditional Use Permit, any further discussion? Roll call vote, please, Mr. Clerk. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion for Conditional Use Permit is approved. MOTION CARRIED: ALL AYES. Meridian City Council Meeling May 27,2003 Page 63 of 66 Item 22. Public Hearing: 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: Corrie: Item No. 22 is a Public Hearing, a 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. At this time, I will open the Public Hearing on Item 22 with staff comments. Powell: Mr. Mayor, Members of the Council, this is an existing use on Meridian Road. You can see the existing buildings there and they are bounded by an irrigation ditch to the east and north and so we shift -- the north arrow shifts on the Site Plan, just for reference. Meridian Road is down here. The existing building is right here and that one will remain. The two buildings that will be demolished, one is right here, the second is right here, the elevations of the new buildings. I will go back to the Site Plan in just a moment. These are the existing buildings and the existing play yard. There are a number of existing trees on the site, just to the -- they have trimmed them off. They are' just to the south of this -- of this building here, they have proposed to save those trees, and in exchange for that they are asking for a 10 percent reduction in the parking spaces. That would equate to four spaces. As you look at the Site Plan, it is a little tight, an unusual site, and to accommodate the existing structures they have -- they enter the site here, there is parking here, and, then, parking there is parking along here, the perimeter here, here, and here. Now, there was concern at the Planning and Zoning Commission about an approved fire turn around. The fire turn around will be in this area here, so they will back out into that area, come forward, and you see the striping there also is to accommodate the approved fire truck turn around and, then, they can head back out this way. The new structure is shown in the heavy lines here. They meet -- the structure just meets the required landscape buffer here. There was a discussion at the Planning and Zoning Commission, because originally they had a sidewalk that encroached within the required buffer. That sidewalk was connecting a required fire escape located in this area to the driveway here. What we have received is a revised Site Plan that just shows the pad for the door, the exit pad, and there is no sidewalk, so that is just an emergency exit and that will remain there. There was quite a bit of discussion at the Planning and Zoning Commission about possibly relocating that exit and, then, not having the need for the sidewalk, but what they have elected to do, instead, is to keep the door there and, then, just put the exit pad, but not to have the sidewalk within the required buffer. The only other condition coming out of the Planning and Zoning Commission was to pay some additional fees and they have met that requirement and those were the primary issues that came up at the Planning and Zoning Commission. I'll stand for any questions. Corrie: Any questions? Okay. Thank you, Anna. Is the applicant here tonight? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Cole: Yes. Meridian City Council Meeting May 27,2003 Page 64 of 66 Corrie: Thank you. Cole: Mr. Mayor, Members of the Council, I'm Renee Cole with New Horizon Child Care and we completely agree with staff and I'm here for any questions. Corrie: Okay. Any questions? If you want to talk for 30 minutes, you can. Cole: That's quite all right. Corrie: Thank you. Bird: Don't say that. Corrie: Okay. They have no questions, then. Thank you. Cole: Okay. Corrie: Council, any other questions for the Public Hearing? Nichols: Mr. Mayor? Corrie: Mr. Nichols has a question. Nichols: Anna, what's the date of the Site Plan? Powell: Mr. Mayor, Members of the Council, I seem the only have an eight and a half by eleven that is not dated. Oops. Pardon me. Hold on. May 13th. Corrie: Okay. Thank you, any other questions? I'll entertain a motion to close the Public Hearing, then. Bird: So moved. McCandless: Second. Corrie: Motion made and seconded to close the Public Hearing. All in favor say aye. Opposed no? Motion carried. MOTION CARRIED: ALL AYES. Corrie: I'll entertain a motion, then, if there is no further discussion on the request for the Conditional Use Permit, CUP 03-019. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting May 27,2003 Page 65 of 66 Bird: I would move that we approve the Conditional Use Permit, CUP 03-019, 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 and the attorney to draw up all the Findings of Facts and Conclusions of Law and Decision of Order and to incorporate staff comments and applicant's testimony. De W eerd: Second. Corrie: Okay. You have heard the motion. Made and seconded, any further discussion? Roll call vote, please. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Conditional Use Permit is approved. MOTION CARRIED: ALL AYES Corrie: That is the last item on the agenda. I would like to ask the Council one question. before we close. On June 16th, that week, do you want to have the meeting on Monday or not have a meeting at all? De Weerd: No meeting. McCandless: No meeting. Corrie: No meeting. Okay. Does that satisfy -- Nary: No meeting sounds good to me. Corrie: All right. No meeting. Berg: Just a reminder to make sure you get your registration in to me. Corrie: Yes. That's tomorrow is the last day. I notice that Mrs. McCandless has hers in. Nary: I turned mine in. Corrie: Okay. We have got two left to go, so -- okay. Anybody else have anything? Then, I will entertain a motion to close the meeting today. De Weerd: So moved. Nary: Second. Corrie: Okay. All in favor say aye. Meridian City Council Meeting May 27, 2003 Page 66 of 66 De Weerd: Well, someone seconded it. It was Mr. Nary. Corrie: I assume that everybody wants to leave. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:41 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: r:JiJ(~.'A ROBERT D. CORRIE, MAYOR G I 2-4; 03 DATE \\\1\\11111111// \\\\ C:'8 //11 ,,\ _lOr MER!., I/{ ,,\ ~.... 'v.(.., / '/ ,," r). ('1. ~ ~ v Ot\POR4'>. '1' ~ 2 ~0 I$; S ::: ~ 0::. g ~ - - - - - - ~ - o BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT TO OBTAIN A DEALERS LICENSE AND SELL QUALITY USED CARS AND TRUCKS FOR FINISH LINE AUTOMOTIVE IN AN I-L ZONE, LOCATED AT 44 NORTHWEST 10TH STREET, MERIDIAN, IDAHO LYLE LEE KALLENBERGER, APPLICANT C/C 05/13/03 ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-010 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 6,2003 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 Lyle Lee Kallenberger, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 16 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 6, 2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') ofthe external boundaries 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 6,2003, 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 SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an I-L zone and by reason 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 44 Northwest 10th Street, Meridian, Idaho. 5. The owner ofrecord of the subject property is Lyle Lee and Tanya Kallenberger, 2459 Falcon Lane, Caldwell, Idaho. 6. Applicant is the same as owner of record. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 16 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 an automobile sales lot to be known as Finish Line Automotive 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 subject 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. The City Council recognizes the concerns of Clyde Steinbach, expressed in his letter dated March 17,2003. 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 16 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 ofthe City of Meridian, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The temporary sales trailer shall be representative of the photograph submitted by the applicant with the CUP application. 2. The use ofthe temporary trailer shall be limited to two (2) years from the date of City Council approval. B. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REQUIREMENTS 1. Parking: T he applicant has submitted a site p Ian that shows 7 parking spaces. MCC's parking regulations require that one parking space for customers is supplied for every three parking spaces for car sales. Staff recommends that the entrance to the proposed parking lot be reduced to 35' in width to help define the entrance to the parking lot. The applicant will be required to provide two spaces for customer parking if five spaces are used for auto sales. No parking will be allowed in the vacant area to the east of the proposed parking lot; this area must also be posted "No Parking." 2. Landscaping: The south side of the subject property needs to be brought into compliance with current landscaping standards. The landscaping buffer needs to be 25' in width along the southern edge of the subject property. Trees should be placed every 35 feet along the southern perimeter of the subject property. The buffer shown ou the landscaping plan for the eastern edge ofthe property is in compliance with landscaping requirements. A 5' vegetative buffer is required north ofthe existing asphalt driveway. No buffer is required along the western edge ofthe subject property. These revisions to the landscaping plan must be submitted ten days before the application goes to City Council or the applicant must apply for a Variance from landscaping requirements when the application goes to City Council. 3. Existing Trees: The existing trees shall be protected during construction as noted on the proposed plan. 4. Handicap parking: All handicapped spaces must be posted as well as marked. 5. Setbacks: The proposed structure is subject to all required setbacks ofthe I-L zone. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 16 The submitted site plan appears to meet all of the required setbacks. 6. Water/sewer: The applicant will be required to hook the proposed office building up to city water and sewer. 7. Irrigation C anal: Applicant will be required to tile the irrigation canal running through the southwest corner of the subject property per section 12-4-13 ofMCC. 8. As part of a conditional use permit, the City of Meridian may impose additional restri ctions/ conditions. STANDARD REQUIREMENTS 1. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the approved site plan and Ordinance 11-13-4.F. 2. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 3. 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. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into 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. 4. 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 11-13-4.C. 5. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. 6. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 16 locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance (CZC). 7. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. C. 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 of20' available at all times. UFC 902.2.2.1 D. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: 1. A Land Use Change/Site Application is required to be filed with the irrigation district. 2. Any encroachments within the easement ofthe Eight Mile Lateral without approved plans and a signed license agreement is unacceptable. E. Adopt the Recommendations of the Sanitary Service as follows: 1. Waste services or enclosure services need to be provided for. F. Adopt the action ofthe Council from their May 13, 2003 meeting as follows: 1. All conditions imposed on this application must be completed within eighteen (18) months as required by Meridian City Code; and the use of the sales lot must not begin until the conditions are fulfilled. Applicant cannot occupy the temporary sales office until a Certificate of Occupancy has been issued for that structure. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 16 2. The Applicant has only two years to use the temporary trailer as his temporary office building, and after the two year time period, the Applicant shall be required to have constructed a permanent office building on site to be used as the sales office. All applicable building codes then in effect will apply to the construction of the permanent building. 14. The submitted site plan does not meet the required landscaping standards. The southern edge ofthe property bordering Franklin Road is required to have a 25' vegetative buffer and the northern edge of the property is required to have a 5' vegetative buffer north of the existing asphalt driveway. The landscaping buffers on the western edge ofthe subject property meet the required standards. The applicant must either submit a revised site plan showing the required landscape buffer or apply for a Variance from the landscaping standards when the application. 15. The City of Meridian's zoning map shows the subject property as "Light Industrial." Car lots require a CUP in I-L zones according to the Zoning Schedule of Use Control. It is found that the proposed use and plan to be in Compliance with the Meridian Zoning Ordinance and the Comprehensive Plan, as long as the conditions of the staff report are met. 16. 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. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 16 essential public facilities and services such as highways; street, police, and fire protection, drainage structures, refuse disposal, water, and sewer. Sanitary sewer and water service lines will need to be extended into the subject lot at the owners expense. 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 ofthe community. 20. It is found that the proposed use would not substantially increase traffic. 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. 21. It is found that the proposed use will not create significant interference with traffic' on the surrounding public streets. The applicant has not proposed any new curb cuts onto existing streets. 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 Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.e. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 16 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, 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 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, if it complies with all conditions ofthe 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 16 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 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 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 ofthis 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 16 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 Order that: 1. That the above named applicant is granted a conditional use permit to obtain a Dealers License and sell quality used cars and trucks for finish Line Automotive in an I-L zone located at 44 Northwest 10th Street, Meridian, Idaho, subject to the following conditions of use FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 16 and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The temporary sales trailer shall be representative of the photograph submitted by the applicant with the CUP application. 2. The use ofthe temporary trailer shall be limited to two (2) years from the date of City Council approval. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REQUIREMENTS 1. Parking: T he applicant has submitted a site p Ian that shows 7 parking spaces. MCC's parking regulations require that one parking space for customers is supplied for every three parking spaces for car sales. Staff recommends that the entrance to the proposed parking lot be reduced to 35' in width to help define the entrance to the parking lot. The. applicant will be required to provide two spaces for customer parking if five spaces are used for auto sales. No parking will be allowed in the vacant area to the east of the proposed parking lot; this area must also be posted "No Parking." 2. Landscaping: The south side of the subject property needs to be brought into compliance with current landscaping standards. The landscaping buffer needs to be 25' in width along the southern edge ofthe subject property. Trees should be placed every 35 feet along the southern perimeter ofthe subject property. The buffer shown on the landscaping plan for the eastern edge of the property is in compliance with landscaping requirements. A 5' vegetative buffer is required north of the existing asphalt driveway. No buffer is required along the western edge ofthe subject property. These revisions to the landscaping plan must be submitted ten days before the application goes to City Councilor the applicant must apply for a Variance from landscaping requirements when the application goes to City CounciL 3. Existing Trees: The existing trees shall be protected during construction as noted on the proposed plan. 4. Handicap parking: All handicapped spaces must be posted as well as marked. 5. Setbacks: The proposed structure is subject to all required setbacks ofthe I-L zone. The submitted site plan appears to meet all of the required setbacks. 6. Water/sewer: The applicant will be required to hook the proposed office building up to city water and sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 16 7. Irrigation C anal: Applicant will be required to tile the irrigation canal running through the southwest corner of the subject property per section 12-4-13 ofMCC. 8. As part of a conditional use permit, the City of Meridian may impose additional restrictions/ condi tions. STANDARD REQUIREMENTS 1. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the approved site plan and Ordinance 11-13-4.F. 2. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 3. A drainage plan designed by a State of Idaho 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. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into 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. 4. 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 11-13-4.C. 5. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. 6. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance (CZC). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 16 7. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City CounciL During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. C. 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 of20' available at all times. UFC 902.2.2.1 D. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: 1. A Land Use Change/Site Application is required to be filed with the irrigation district. 2. Any encroachments within the easement ofthe Eight Mile Lateral without approved plans and a signed license agreement is unacceptable. E. Adopt the Recommendations of the Sanitary Service as follows: 1. Waste services or enclosure services need to be provided for. F. Adopt the action of the Council from their May 13, 2003 meeting as follows: 1. All conditions imposed on this application must be completed within eighteen (18) months as required by Meridian City Code; and the use of the sales lot must not begin until the conditions are fulfilled. Applicant cannot occupy the temporary sales office until a Certificate of Occupancy has been issued for that structure. 2. The Applicant has only two years to use the temporary trailer as his temporary 0 ffice building, and after the two year time period, the Applicant shall be required to have FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 16 constructed a permanent office building on site to be used as the sales office. All applicable building codes then in effect will apply to the construction ofthe permanent building. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, . pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial 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 -'? IL L-7 - day of h/t~ ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED ~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE Mc CANDLESS VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 16 COUNCILMAN WILLIAM L.M. NARY VOTED ~ - MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: S~2-7~03 VOTED MOTION: V APPROVED:-A- DISAPPROVED: Attest: By:JA---:A ~ 19-- City Clerk Dated: Z:\Work\M\Meridian\Meridian 15360M\Finish Line Automotive CUP-03-0I O\FtClsCUP03-010.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 16 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) LYLE KEE KALLENBERGER, FOR A ) CONDITIONAL USE PERMIT TO OBTAIN A ) DEALERS LICENSE AND SELL QUALITY USED ) CARS AND TRUCKS FOR FINISH LINE ) AUTOMOTIVE IN AN I-L ZONE, LOCATED AT 44 ) NORTHWEST 10TH STREET, MERIDIAN, IDAHO ) ) ) C/C 05-13-03 CASE NO. CUP-03-010 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 6th 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, LYLE LEE KALLENBERGER, is granted a conditional use to obtain a Dealers License and sell quality used cars and trucks for Finish Line Automotive in an I-L zone, located at 44 Northwest 10th Street, 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 obtain a Dealers License and sell quality used cars and trucks for Finish Line Automotive in an I-L zone, located at 44 Northwest 10th Street, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The temporary sales trailer shall be representative of the photograph submitted by ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - LYLE LEE KALLENBERGER FOR FINISH LINE AUTOMOTNE (CUP-03-0l0) PAGE 1 OF 5 the applicant with the CUP application. 2. The use of the temporary trailer shall be limited to two (2) years from the date of City Council approval. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REQUIREMENTS 1. Parking: T he applicant has submitted a site plan that shows 7 parking spaces. MCC's parking regulations require that one parking space for customers is supplied for every three parking spaces for car sales. Staff recommends that the entrance to the proposed parking lot be reduced to 35' in width to help define the entrance to the parking lot. The applicant will be required to provide two spaces for customer parking if five spaces are used for auto sales. No parking will be allowed in the vacant area to the east of the proposed parking lot; this area must also be posted "No Parking." 2. Landscaping: The south side of the subject property needs to be brought into compliance with current landscaping standards. The landscaping buffer needs to be 25' in width along the southern edge of the subject property. Trees should be placed every 35 feet along the southern perimeter of the subject property. The buffer shown on the landscaping plan for the eastern edge of the property is in compliance with landscaping requirements. A 5' vegetative buffer is required north of the existing asphalt driveway. No buffer is required along the western edge of the subject property. These revisions to the landscaping plan must be submitted ten days before the application goes to City Councilor the applicant must apply for a Variance from landscaping requirements when the application goes to City Council. 3. Existing Trees: The existing trees shall be protected during construction as noted on the proposed plan. 4. Handicap parking: All handicapped spaces must be posted as well as marked. 5. Setbacks: The proposed structure is subject to all required setbacks of the I-L zone. The submitted site plan appears to meet all ofthe required setbacks. 6. Water/sewer: The applicant will be required to hook the proposed office building up to city water and sewer. 7. Irrigation C anal: Applicant will be required to tile the irrigation canal running ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - LYLE LEE KALLENBERGER FOR FINISH LINE AUTOMOTNE (CUP-03-0 10) PAGE 2 OF 5 through the southwest corner of the subject property per section 12-4-13 ofMCC. 8. As part of a conditional use permit, the City of Meridian may impose additional restrictions! conditions. STANDARD REQUIREMENTS 1. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the approved site plan and Ordinance 11-13-4.F. 2. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 3. 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. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into 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. 4. 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 11-13-4.C. 5. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. 6. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance (C2C). ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - LYLE LEE KALLENBERGER FOR FINISH LINE AUTOMOTNE (CUP-03-010) PAGE 3 OF 5 7. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. C. Adopt the Recommendations 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 D. Adopt the Recommendations ofNampa & Meridian hrigation District as follows: 1. A Land Use Change/Site Application is required to be filed with the irrigation district. 2. Any encroachments within the easement ofthe Eight Mile Lateral without approved plans and a signed license agreement is unacceptable. E. Adopt the Recommendations of the Sanitary Service as follows: 1. Waste services or enclosure services need to be provided for. F. Adopt the action ofthe Council from their May 13, 2003 meeting as follows: 1. All conditions imposed on this application must be completed within eighteen (18) months as required by Meridian City Code; and the use of the sales lot must not begin until the conditions are fulfilled. Applicant cannot occupy the temporary sales office until a Certificate of Occupancy has been issued for that structure. 2. The Applicant has only two years to use the temporary trailer as his temporary office building, and after the two year time, the Applicant shall be required to have ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - LYLE LEE KALLENBERGER FOR FINISH LINE AUTOMOTIVE (CUP-03-010) PAGE 4 OF 5 constructed a permanent office building on site to be used as the sales office. All applicable building codes then in effect will apply to the construction of the permanent building. 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 Conncil at its regular meeting held on the 27 qayof /J1agr 2003. e:=-~ ~----~ {::l~/~4f ~,<_~ ~ r' Attest: By:JldL-'~~~ City Clerk ~ Dated: 5 -28-&3 Z:\Work\M\Mcridian\Meridian 15360M\Finish Line Aulomolive CUP-03-01 O\CUPOrder,doc ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - LYLE LEE KALLENBERGER FOR FINISH LINE AUTOMOTIVE (CUP-03-010) PAGE 5 OF 5 e BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05/13/03 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR VERONA SUBDIVISION ) FOR 146 DETACHED SINGLE- ) FAMILY HOMES, 20 ) TOWNHOMES, 6 OFFICE LOTS, ) AND 16 OPEN SPACE LOTS, ) INCLUDING THE ADDITION TO ) COMMUNITY PARK ON 61.69 ) ACRES LOCATED ON THE } NORTHEAST CORNER OF W. ) McMILLAN ROAD AND N. TEN ) MILE ROAD, MERIDIAN, IDAHO ) ) BY: PRIMELAND ) DEVELOPMENT,LLP, ) APPLICANT ) ) Case No. PP-03-003 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on May 13, 2003, and Brad Hawkins-Clark Planner ill for the Planning and Zoning Department; Brad Watson City Engineer; and Becky McKay appeared and testified, and the City Council having received a report from David McKinnon Planner II for the Planning and Zoning Department; and Bruce Freckleton, Engineering Technician III; and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VERONA SUBDIVISION / (pP-03-003) PAGE 1 OF 17 and Zoning Commission and the applicant having submitted the "VERONA SUBDIVISION, LOCATED IN THE SW 14 OF SECTION 26 TOWNSHlP 4 NORTH, RANGE 1 WEST, B.M., MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT, DWG.DATE 04/03/03 bkb REVISION LATEST DATE: 04/30103 BY: BKB, STAMPED REVISIONS MAY -12003, STAMPED DATE: RECEIVED MAY -22003 CITY OF MERIDIAN CITY CLERK OFFICE, PROJ. NO. 3003, SHEET 1 OF 1 pRE-4, 13003-PREREV4.DWG, PRIMELAND DEVELOPMENT, LLP - DEVELOPER, PREPARED BY ENGINEERING SOLUTIONS", Primeland Development Company, LLP, Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore, the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6,2002, Resolution No. 02-382, and the property is presently zoned RUT by Ada County, however, an application for annexation and zoning to R-8 is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 DJ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VERONA SUBDIVISION 1 (pP-03-003) PAGE 2 OF 17 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital hnprovement Program and if the conditions, which are requested by the Planning and Zoning Administrator and the Engineering Technician III, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development. 5. The development ifbuilt in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration ofthis approval drawing of the preliminary plat herein designated as: "VERONA SUBDIVISION, LOCATED IN THE SW 14 OF SECTION 26 TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M., MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT, DWG.DATE 04/03/03 bkb REVISION LATEST FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VERONA SUBDIVISION I (pP-03-003) PAGE 3 OF 17 DATE: 04/30/03 BY: BKB, STAMPED REVISIONS MAY -12003, STAMPED DATE: RECEIVED MAY -2 2003 CITY OF MERIDIAN CITY CLERK OFFICE, PROJ. NO. 3003, SHEET 1 OF 1 PRE-4, /3003-PREREV4.DWG, PRIMELAND DEVELOPMENT, LLP- DEVELOPER, PREPARED BY ENGINEERING SOLUTIONS". 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. The Preliminary Plat of the applicant as evidenced by "VERONA SUBDIVISION, LOCATED IN THE SW 'l4 OF SECTION 26 TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M., MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT, DWG.DATE 04/03/03 bkb REVISION LATEST DATE: 04/30/03 BY: BKB, STAMPED REVISIONS MAY -12003, STAMPED DATE: RECEIVED MAY -22003 CITY OF MERIDIAN CITY CLERK OFFICE, PROJ. NO. 3003, SHEET 1 OF 1 PRE-4, /3003- PREREV4.DWG, PRIMELAND DEVELOPMENT, LLP - DEVELOPER, PREPARED BY ENGINEERING SOLUTIONS", Primeland Development Company, LLP, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VERONA SUBDIVISION / (PP-03-003) PAGE 4 OF 17 1. The revised Preliminary plat dated 4/30103 is approved as submitted and replaces any previously submitted plats. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPEClFIC CONDITIONS OF APPROVAL / PRELIMINARY PLAT 1. Sanitary sewer and water service to this site shall be via main line extensions from mains being installed as part ofthe Lochsa Falls project. The applicant will be responsible for constructing the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. The subdivision designer is responsible for coordinating main sizing and routing with the Public Works Department. This development shall be subject to latecomer fees, to reimburse those responsible for bringing sanitary sewer and water service to the. area, when and ifthe Latecomers Fee Agreement is established. Latecomer's fees shall be due and payable prior to signature on the final plat for each phase. (See letter G. herein below pursuant to Council action taken at their May 13, 2003 meeting.) 2. The applicant has indicated t hat a pressurized irrigation system will be provided within this development, but has not indicated who will own and maintain the system. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed b y 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, and be the applicant shall be subject to irrigation plan review fees. Please revise the plat to show how the system is going to be served (i.e. connection to an existing system, or independent pumping facilities) Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. A detailed fencing plan shall be submitted upon application ofthe final plat. A solid fence shall be required around the perimeter of the subdivision unless the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VERONA SUBDIVISION / (pP~03-003) PAGE 5 OF 17 City agrees in writing that such a fence is not required. (See letter G. herein below pursuant to Council action taken at their May 13,2003 meeting.) 4. A detailed landscape plan shall be submitted with the final plat application. The revised detailed landscape plan shall include a 20' landscape buffer between all residential uses bordering the office use on Lot 24, Block 1. Landscaping within the McMillan Lateral Easement shall be in compliance with MCC 12-13 and in compliance with the requirements ofthe Settlers Irrigation District (if applicable). If landscaping cannot be accommodated within the easement and in accordance with MCCI2-13, the applicant will need to request a variance from the MCC or revise the landscaping and location of the McMillan Lateral. 5. Revise the preliminary plat map to show all lot dimensions on the comer lots within the subdivision. 6. The applicant shall be responsible to show or indicate how all existing irrigation/drainage ditches are to be treated. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer Plior to final plat signature. All easements shall be graphically depicted on the preliminary plat. 7. Detached sidewalks shall be required along the entire subdivision frontages ofTen Mile and McMillan Road and adjacent to the designated collector roadways (W. Carrara Drive and W. Bellagio Drive). 8. Extend Lot 21, Block 5, or create a new common area lot from its terminus to the edge of Lot 57, Block 5 for the conveyance of sanitary sewer. Add a note granting a blanket easement to the City of Meridian across any lot which sanitary sewer maIllS cross. 9. Please add plat notes as follows: -Add a note to the plat requiring any re-subdivision of this plat to be in compliance with the most recently approved subdivision standards of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VERONA SUBDIVISION I (PP-03-003) PAGE 6 OF 17 -Add a note to the plat that restricts fencing adjacent to the pathways within the subdivision to no greater than four feet in height if solid sight-obscuring material is used for fence construction. - Add a note to the plat that states the ownership and maintenance responsibilities of the pressurized irrigation system within the development. - Add a note to the plat regarding the ownership and maintenance of the common lots within the subdivision. -Add a note prohibiting direct lot access to Ten Mile or McMillan Road, unless approved by ACHD and the City of Meridian. - Add a "Right to Farm" note to the plat. 10. Ten (10) copies of the revised plat were submitted to the City Clerk's Office on May 2, 2003 for this plat. The revised plat includes a phasing plan for the proposed subdivision, unless the applicant intends to construct the development in one phase. 11. Phasing for the overall proj ect may be modified by staff level approval, provided written explanation of phasing changes are provided by the applicant and final plat approval request of said phases are contiguous to previously approved phases. GENERAL COMMENTS 1. Submit a copy ofthe Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VERONA SUBDIVISION / (pP-03-003) PAGE 7 OF 17 4. All pathways within the proposed subdivision shall be designed III accordance with MCC 12-13-15 "Micropath Landscaping". 5. A detailed landscape plan, in compliance with the landscape ordinance shall be submitted for the subdivision with the final plat application, the landscape plan shall include the location and design of any proposed playground equipment. (See letter G. herein below pursuant to Council action taken at their May 13, 2003 meeting. ) 6. Sidewalks within the proposed subdivision shall be built in accordance with MCC12-13-1O-8. 7. 250 and 1 OO-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or. fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 8. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 9. Please submit up to date groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period oftime not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. 10. Any tree over 4" in caliper that is removed from the property shall b e replaced by installing additional trees, being the equivalent number of caliper inches oftrees that were removed, Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VERONA SUBDNISION I (PP-03-003) PAGE 8 OF 17 12. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 13. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 14. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 38-feet of right-of-way from the centerline ofTen Mile Road (an additional 13-feet of right-of-way) and place the sidewalk within an easement on the proposed common lot (a minimum of 41- feet from centerline, as proposed. If the applicant wishes to consider other options for the right-of-way and construction of sidewalk on Ten Mile Road, the applicant may select one of the options found in Finding for Consideration #2. (See letter G. herein below pursuant to Council action taken at their May 13, 2003 meeting.) 2. The applicant shall do one of the following: a. Dedicate by donation an additionall0-feet of right-of-way along McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5- foot wide concrete sidewalk along McMillan Road, located at the back FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VERONA SUBDIVISION / (pP-03-003) PAGE 9 OF 17 edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. Construct a main entrance, Desert Breeze Avenue (identified on the site plan as West Carrara Drive), to intersect with McMillan Road approximately 970-feet-east ofTen Mile Road, as proposed. 4. Construct a main entrance, Carrara Drive, to intersect Ten Mile Road approximately 850-feet north of McMillan Road, as proposed. 5. Construct a main entrance, West Bellagio Drive, to intersect Ten Mile Road approximately 140- feet south of the north property line, as proposed. 6. Construct Bellagio Drive as a 36-foot street section with curb, gutter and 5-foot concrete sidewalk on the south side of the roadway and a lO-foot detached - asphalt pathway on the north side of the roadway within 50-feet of right-of-way with no front on housing, as proposed. Provide the District with an easement for the sidewalk that will extend outside of the right-of-way. Direct access and parking is prohibited on West BeIlagio Drive. 7. Construct West Carrara Drive as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way. 8. Construct the internal roadways as 33-foot street sections with curb, gutter and 5-foot-attached sidewalks within 50-feet of right-of-way, as proposed. Provide the District with documentation showing that the appropriate fire department has reviewed and approved this street section unless othelWise approved by the District. 9. Extend San Marino Street from the east property line approximately 1,260-feet north of McMillan Road, as proposed. 10. Extend West Cosenza Street from the east property line approximately 710- feet south of the north property line, as proposed 11. Extend West Malta Drive from the east property line approximately 125- feet south of the north property line, as proposed. 12. Construct one cul-de-sac turnaround within the subdivision, as proposed. Provide a minimum turning radius of 45-feet. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VERONA SUBDIVISION I (pP-03-003) PAGE 10 OF 17 13. Construct islands within West Carrara Drive and Bellagio Drive, as proposed. Provide a minimum 21-foot street section (measured back-of-curb to back-of-curb). 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 ofthis shall be required on the final plat. 14. Construct a driveway on the west side of East Carrara Drive approximately 230-feet north of McMillan Road, as proposed 15. Construct a driveway on the east side of East Carrara Drive approximately 350-feet north of McMillan Road, as proposed 16. Construct a driveway on the east side of East Carrara Drive approximately 750-feet north of McMillan Road, as proposed. 17. Construct a driveway on the north side of East Carrara Drive approximately 180-feet east ofTen Mile Road, as proposed. 18. Construct a driveway on the north side of East Carrara Drive approximately 340-feet east ofTen Mile Road, as proposed. 19. Construct a driveway on the north side of East Carrara Drive approximately 500-feet east ofTen Mile Road, as proposed. 20. 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 15-foot radii abutting the existing roadway edge. 21. Construct a southbound turn lane at the intersection of Bellagio Drive and Ten Mile Road. Coordinate the design of the turn lane with District staff. 22. Construct a southbound turn lane at the intersection of Carrara Drive and Ten Mile Road. Coordinate the design of the turn lane with District staff. 23. Construct an eastbound left-turn lane at the intersection of Carrara Drive and McMillan Road. Coordinate the design of the turn lane with District staff. 24. Construct a westbound right-turn lane at the intersection of Carrara Drive and McMillan Road. Coordinate the design of the turn lane with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VERONA SUBDNISION / (pP-03-003) PAGE 11 OF 17 25. Enter into a development agreement with ACHD that outlines right-of- way acquisition, costs, timing and payment; and shall also include an agreement that this development shall be subject to any extraordinary impact fee, LID or other funding source established by the District to improve the surrounding roadways; or shall be subject to the development's proportionate share of surrounding roadway improvements as established by the applicant's traffic impact study. 26. The applicant is donating 13 feet of additional right-of-way subject to receiving a credit against extraordinary impact fees, if such extraordinary impact fees are imposed on this development. (See letter G. hereinbelow pursuant to Council action taken at their May 13, 2003 meeting.) 27. Other than the access points specifically approved with this application, direct lot access to West Bellagio Drive, Ten Mile Road and West McMillan Road is prohibited. Notes of this shall be noted on the final plat. 28. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of- way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387- 6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VERONA SUBDIVISION / (pP-03-003) PAGE 12 OF 17 specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road hnpact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the 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. D. Adopt the Meridian Fire Department Recommendations as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VERONA SUBDIVISION / (PP-03-003) PAGE 13 OF 17 1. One and two family dwellings will require a fire- flow of 1 ,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Commercial and office occupancies will require a fire- flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 3. The fire department requests that any future signalization installed as the result ofthe 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. (See letter G. hereinbelow pursuant to Council action taken at their May 13,2003 meeting.) 4. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department through the City Engineering Department. 6. All roads shall have a turning radius of 28' inside and 48' outside. 7. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. Typical street width of34' will be allowed to have parking on both sides. The typical collector street with a width of 29' will be required to have restricted parking to only one side. UFC 902.2.2.1 (See letter G. herein below pursuant to Council action taken at their May 13, 2003 meeting.) 8. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 9. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. 10. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. This may be a concern during the phasing ofthe project. UFC 902.2.1 11. The proposed 174-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of504 residents at build out. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELllvlINARY PLATFVERONA SUBDNISION / (pP-03-003) PAGE 14 OF 17 6 office lots will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volume. E. Adopt the Recommendation of Settlers' Irrigation District as follows: 1. That all irrigation/drainage facilities along with their easements be protected and continue to function as such. The laterals involved are the McMullen, and Hudson #33. 2. A license agreement will need to be signed and recorded prior to construction of any S.LD. facilities. 3. All storm drainage must be retained on-site. 4. Any changes to the existing irrigation system must be approved by Settlers Irrigation District. 5. The development must supply irrigation access to all lots within the above-mentioned subdivision. Ifthe developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. F. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VERONA SUBDIVISION I (PP-03-003) PAGE 15 OF 17 and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the action of the Council taken at their May 13,2003 meeting as follows: 1. Since the applicant donated the easement area for construction of the water main, latecomer fees for water shall not be assessed, provided that applicant submits to the City of Meridian a written release, or a copy of an agreement, in which Farwest Development and Ed Bews agreed to release the applicant/developer from the latecomer fees. 2. The applicant shall not be required to fence the northerly boundary or fence adjacent to the phase lines. 3. No playground equipment is proposed with this development. 4. The applicant will donate 13 additional feet of right-of-way on Ten Mile and McMillan Roads. 5. The applicant's project does not warrant a signal; however, future development of the community park may require signalization. The funding of any Opticom improvements should be borne by the heavy traffic generator. 6. All internal roads will be a minimum of 36' back of curb to back of curb. By action of the City Council at its regular meeting held on the day of IJ/lct(/-' ,2003. ROLL CALL 27'0- COUNCILMAN BIRD VOTED~ COUNCILWOMAN deWEERD VOTED~ COUNCILWOMAN McCANDLESS VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VERONA SUBDIVISION / (pP-03-003) PAGE 16 OF 17 COUNCILMAN NARY VOTED~L MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED Attest: Dated: - - - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELThflNARY PLAT VERONA SUBDIVISION I (pP-03-003) PAGE 17 OF 17 -p:: BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 5/13/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) DEVELOPMENT FOR VERONA ) SUBDIVISION IN AN R-8 ZONE, ) LOCATED ON THE NORTHEAST ) CORNER OF W. McMILLAN ROAD ) AND N. TEN MILE ROAD, ) MERIDIAN, IDAHO ) ) PRIMELAND DEVELOPMENT, ) LLP, ) APPLICANT ) ) Case No. CUP-03-007 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 13, 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; Brad Watson, City Engineer; and Becky McKay 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 24 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 13, 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 13,2003, 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 ~9 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an RUT zone and by reason of the provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the northeast corner ofW. McMillan Road and N. Ten FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 24 Mile Road, Meridian, Idaho. 5. The owners of record of the subject property are E. L. Bews and Shirley Bews, 5204 N. Sorrento Circle, Boise, Idaho 83704. 6. Applicant is Pimeland Development Company, LLP, 660 E. Franklin Road, Suite 110, Meridian, Idaho 83642. 7. The subject property is currently zoned RUT by Ada County and C-G (General Retail and Service Commercial). There is, however, an application for annexation and zoning to R-8 (Medium Density Residential) before the City Council. The zoning district ofR-8 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 in an R-8 zone. The R-8 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 Medium Density Residential. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The City Council recognizes the concerns of Bill Clark and the existence of the adjacent commercial development. 12. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 24 maps thereof and the Comprehensive Plan ofthe City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC CONDITIONS OF APPROVAL (Conditional Use Permit) 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 3. A new detailed Conditional Use Permit will be required prior to development of any of the office/church uses within Verona Subdivision. 4. Construction of the proposed multi-use pathway and landscaping of the parkway between the multi-use pathway and W. Bellagio and W. Malta Drive shall be completed prior to occupancy of homes constructed in the first phase ofthe proposed development. 5. Fencing adjacent to micro-paths shall be limited to 4 feet in height if solid fencing material is used, with the allowance for an additional 2 feet oflattice work to be placed on top of the solid fence. 6. A planned sign program shall be required for the commercial portions of the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 24 B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 38-feet of right-of-way from the centerline ofTen Mile Road (an additional 13-feet of right-of-way) and place the sidewalk within an easement on the proposed common lot (a minimum of 41-feet from centerline, as proposed. If the applicant wishes to consider other options for the right-of-way and construction of sidewalk on Ten Mile Road, the applicant may select one of the options found in Finding for Consideration #2. 2. The applicant shall do one of the following: a. Dedicate by donation an additionallO-feet of right-of-way along McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from the centerline of the right-of- way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of 28- feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. Construct a main entrance, Desert Breeze Avenue (identified on the site plan as West Carrara Drive), to intersect with McMillan Road approximately 970-feet-east of Ten Mile Road, as proposed. 4. Construct a main entrance, Carrara Drive, to intersect Ten Mile Road approximately 850-feet north of McMillan Road, as proposed. 5. Construct a main entrance, West Bellagio Drive, to intersect Ten Mile Road approximately 140-feet south of the north property line, as proposed. 6. Construct Bellagio Drive as a 36-foot street section with curb, gutter and 5-foot concrete sidewalk on the south side of the roadway and a 10- foot detached asphalt pathway on the north side of the roadway within 50-feet of right-of-way with no front on housing, as proposed. Provide the District with an easement for the sidewalk that will FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 24 extend outside of the right-of-way. Direct access and parking is prohibited on West Bellagio Drive. . 7. Construct West Carrara Drive as a 40- foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way. 8. Construct the internal roadways as 33-foot street sections with curb, gutter and 5- foot-attached sidewalks within 50-feet of right-of-way, as proposed. Provide the District with documentation showing that the appropriate fire department has reviewed and approved this street section unless otherwise approved by the District. 9. Extend San Marino Street from the east property line approximately 1,260-feet north of McMillan Road, as proposed. 10. Extend West Cosenza Street from the east property line approximately 710-feet south of the north property line, as proposed 11. Extend West Malta Drive from the east property line approximately 125-feet south of the north property line, as proposed. 12. Construct one cul-de-sac turnaround within the subdivision, as proposed. Provide a minimum turning radius of 45-feet. 13. Construct islands within West Carrara Drive and Bellagio Drive, as proposed. Provide a minimum 21-foot street section (measured back-of-curb to back-of-curb). 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. 14. Construct a driveway on the west side of East Carrara Drive approximately 230- feet north of McMillan Road, as proposed 15. Construct a driveway on the east side of East Carrara Drive approximately 350- feet north of McMillan Road, as proposed 16. Construct a driveway on the east side of East Carrara Drive approximately 750- feet north of McMillan Road, as proposed. 17. Construct a driveway on the north side of East Carrara Drive approximately 180- feet east ofTen Mile Road, as proposed. 18. Construct a driveway on the north side of East Carrara Drive approximately 340- feet east ofTen Mile Road, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 24 19. Construct a driveway on the north side of East Carrara Drive approximately 500- feet east ofTen Mile Road, as proposed. 20. 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 15-foot radii abutting the existing roadway edge. 21. Construct a southbound turn lane at the intersection of Bell agio Drive and Ten Mile Road. Coordinate the design of the turn lane with District staff. 22. Construct a southbound turn lane at the intersection of Carrara Drive and Ten Mile Road. Coordinate the design of the turn lane with District staff. 23. Construct an eastbound left-turn lane at the intersection of Carrara Drive and McMillan Road. Coordinate the design of the turn lane with District staff. 24. Construct a westbound right-turn lane at the intersection of Carrara Drive and McMillan Road. Coordinate the design of the turn lane with District staff. 25. Enter into a development agreement with ACHD that outlines right-of-way acquisition, costs, timing and payment; and shall also include an agreement that this development shall be subject to any extraordinary impact fee, LID or other funding source established by the District to improve the surrounding roadways; or shall be subject to the development's proportionate share of surrounding roadway improvements as established by the applicant's traffic impact study. 26. The applicant is donating 13 feet of additional right-of-way subject to receiving a credit against extraordinary impact fees, if such extraordinary impact fees are imposed on this development. (See letter F. hereinbelow pursuant to Council action taken at their May 13,2003 meeting.) 27. Other than the access points specifically approved with this application, direct lot access to West Bellagio Drive, Ten Mile Road and West McMillan Road is prohibited. Notes of this shall be noted on the final plat. 28. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 24 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 24 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: I. One and two family dwellings will require a fire-flow of 1 ,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Commercial and office occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 3. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Optic om Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. (See letter F. hereinbelow pursuant to Council action taken at their May 13, 2003 meeting.) 4. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department through the City Engineering Department. 6. All roads shall have a turning radius of28' inside and 48' outside. 7. All access roads within the proj ect shall have a clear driving surface with a minimum width of20' available at all times. Typical street width of34' will be allowed to have parking on both sides. The typical collector street with a width of29' will be required to have restricted parking to only one side. UFC 902.2.2.1 (See letter F. herein below pursuant to Council action taken at their May 13,2003 meeting.) 8. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 9. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 24 10. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. This may be a concern during the phasing ofthe project. UFC 902.2.1 11. The proposed 17 4-10t subdivision with an estimated 2.9 residents per household would have a total estimated population of 504 residents at build out. The 6 office lots will have an unlrnown transient population and will have an unlrnown impact on Meridian Fire Department call volume. D. 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 ofthe subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E Adopt the Recommendations of Settlers' Irrigation District as follows: 1. That all irrigation/drainage facilities along with their easements be protected and continue to function as such. The laterals involved are the McMullen, and Hudson #33. 2. A license agreement will need to be signed and recorded prior to construction of any S.I.D. facilities. 3. All storm drainage must be retained on-site. 4. Any changes to the existing irrigation system must be approved by Settlers Irrigation District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 24 5. The development must supply irrigation access to all lots within the above- mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. F. Adopt the action of the Council taken at their May 13, 2003 meeting as follows: 1. The applicant's project does not warrant a signal; however, future development of the community park may require signalization. The funding of any Opticom improvements should be borne by the heavy traffic generator. 2. All internal roads will be a minimum of 36' back of curb to back of curb. 14. It is found that the subject property is large enough to accommodate the requested use and all other required features as required. 15. The current Comprehensive Plan Land Use Map designates the property as "Medium Density Residential" with a portion of the subdivision located within a neighborhood Center. It is found that the proposed residential uses are harmonious with and in accordance with the Comprehensive Plan. The project is being proposed as a conditional use for a planned development in order to allow land use exceptions in addition to the aforementioned reduced lot sizes, reduced street frontages, reduced setbacks, and block lengths in excess of 1,000 feet. The proposed office land use exceptions are not in compliance with the Comprehensive Plan, but are permitted through section 12-6-3 of the Planned Development Ordinance. If the project is approved as a Planned Development, it will be excluded from several of the minimum requirements ofthe MCC. 16. It is found that the proposed residential subdivision use will be harmonious with the intended character of the area, but will change the existing rural character of the general vicinity, with the exception of Lochs a Falls and Bridgetower subdivisions that lie adjacent to the proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNllT PAGE 11 OF 24 development. 17. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; and it is not anticipated that the proposed use would adversely affect other properties in the general vicinity. 18. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer, if the requirements of ACHD, the Fire Department and the City are met by the applicant. 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 there will be an increase in traffic and noise in the general vicinity if the subdivision is approved, but that approval of the subdivision will not lead to a major increase in smoke, fumes, glare, odors or other disturbances that will be considered detrimental to the welfare of the City and the subdivision's neighbors. 21. It is found that the proposed vehicular approaches off of existing arterial streets will not create interference with the existing public street system if designed and constructed in compliance with ACHD requirements. ACHD did submit a report for the project and review of said report will provide additional information. 22. 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 ofthis conditional use. Existing trees greater than 4" caliper must be retained or mitigated for, if removed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 24 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 (Ie. S67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code 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 othenvise 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 24 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 ofthe 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 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 1. 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 Medium Density Residential District (R-8), 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. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 24 recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion ofthe public hearing the Commission shall transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17 -6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained properly; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 24 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 in an R-8 zone located on the northeast corner ofW. McMillan Road and N. Ten Mile 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 follows: SITE SPECIFIC CONDITIONS OF APPROV AL (Conditional Use Permit) 1. Applicant shall meet all ofthe requirements of the preliminary plat as a condition ofthe Conditional Use Permit. 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 3. A new detailed Conditional Use Permit will be required prior to development of any of the office/church uses within Verona Subdivision. 4. Construction of the proposed multi-use pathway and landscaping of the parkway between the multi-use pathway and W. Bellagio and W. Malta Drive shall be completed prior to occupancy of homes constructed in the first phase of the proposed development. 5. Fencing adjacent to micro-paths shall be limited to 4 feet in height if solid fencing material is used, with the allowance for an additional 2 feet oflattice work to be placed on top of the solid fence. 6. A planned sign program shall be required for the commercial portions of the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 24 B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 38-feet of right-of-way from the centerline ofTen Mile Road (an additional 13-feet of right-of-way) and place the sidewalk within an easement on the proposed common lot (a minimum of 41-feet from centerline, as proposed. If the applicant wishes to consider other options for the right-of-way and construction of sidewalk on Ten Mile Road, the applicant may select one of the options found in Finding for Consideration #2. 2. The applicant shall do one of the following: a. Dedicate by donation an additionall0-feet of right-of-way along McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of28-feet from the centerline ofthe right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. Construct a main entrance, Desert Breeze Avenue (identified on the site plan as West Carrara Drive), to intersect with McMillan Road approximately 970-feet-east ofTen Mile Road, as proposed. 4. Construct a main entrance, Carrara Drive, to intersect Ten Mile Road approximately 850-feet north of McMillan Road, as proposed. 5. Construct a main entrance, West Bellagio Drive, to intersect Ten Mile Road approximately 140-feet south of the north property line, as proposed. 6. Construct Bellagio Drive as a 36-foot street section with curb; gutter and 5-foot concrete sidewalk on the south side of the roadway and a 10-foot detached asphalt pathway on the north side of the roadway within 50-feet of right-of-way with no front on housing, as proposed. Provide the District with an easement for the sidewalk that will extend outside of the right-of-way. Direct access and parking is prohibited on West Bellagio Drive. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 24 7. Construct West Carrara Drive as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way. 8. Construct the internal roadways as 33-foot street sections with curb, gutter and 5-foot- attached sidewalks within 50-feet of right-of-way, as proposed. Provide the District with documentation showing that the appropriate fire department has reviewed and approved this street section. 9. Extend San Marino Street from the east property line approximately 1,260- feet north of McMillan Road, as proposed. 10. Extend West Cosenza Street from the east property line approximately 710-feet south of the north property line, as proposed 11. Extend West Malta Drive from the east property line approximately 125-feet south of the north property line, as proposed. 12. Construct one cul-de-sac turnaround within the subdivision, as proposed. Provide a minimum turning radius of 45-feet. 13. Construct islands within West Carrara Drive and Bellagio Drive, as proposed. Provide a minimum 21-foot street section (measured back-of-curb to back-of-curb). 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. 14. Construct a driveway on the west side of East Carrara Drive approximately 230-feet north of McMillan Road, as proposed 15. Construct a driveway on the east side of East Carrara Drive approximately 350-feet north of McMillan Road, as proposed 16. Construct a driveway on the east side of East Carrara Drive approximately 750-feet north of McMillan Road, as proposed. 17. Construct a driveway on the north side of East Carrara Drive approximately I80-feet east ofTen Mile Road, as proposed. 18. Construct a driveway on the north side of East Carrara Drive approximately 340-feet east ofTen Mile Road, as proposed. 19. Construct a driveway on the north side of East Carrara Drive approximately 500- feet east ofTen Mile Road, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONALUSEPERNUT PAGE 18 OF 24 20. 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 15-foot radii abutting the existing roadway edge. 21. Construct a southbound turn lane at the intersection of Bell agio Drive and Ten Mile Road. Coordinate the design of the turn lane with District staff. 22. Construct a southbound turn lane at the intersection of Carrara Drive and Ten Mile Road. Coordinate the design of the turn lane with District staff. 23. Construct an eastbound left-turn lane at the intersection of Carrara Drive and McMillan Road. Coordinate the design of the turn lane with District staff. 24. Construct a westbound right-turn lane at the intersection of Carrara Drive and McMillan Road. Coordinate the design of the turn lane with District staff. 25. Enter into a development agreement with ACHD that outlines right-of-way acquisition, costs, timing and payment; and shall also include an agreement that this development shall be subject to any extraordinary impact fee, LID or other funding source established by the District to improve the surrounding roadways; or shall be subject to the development's proportionate share of surrounding roadway improvements as established by the applicant's traffic impact study. 26. The applicant is donating 13 feet of additional right-of-way subject to receiving a credit against extraordinary impact fees, if such extraordinary impact fees are imposed on this development. (See letter F. hereinbelow pursuant to Council action taken at their May 13, 2003 meeting.) 27. Other than the access points specifically approved with this application, direct lot access to West Bellagio Drive, Ten Mile Road and West McMillan Road is prohibited. Notes of this shall be noted on the final plat. 28. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 24 t" , 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway Distyict Road Impact Fee Ordinance. 9. 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. 10. 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. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant oy its successors in interest advises the Highway District of its intent FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 24 to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1 ,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 3. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. (See letter F. hereinbelow pursuant to Council action taken at their May 13,2003 meeting.) 4. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department through the City Engineering Department. 6. All roads shall have a turning radius of28' inside and 48' outside. 7. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. Typical street width of34' will be allowed to have parking on both sides. The typical collector street with a width of29' will be required to have restricted parking to only one side. UFC 902.2.2.1 (See letter F. hereinbelow pursuant to Council action taken at their May 13, 2003 meeting.) 8. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 9. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. 10. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. This may be a concern during the phasing of the project. UFC 902.2.1 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNUT PAGE 21 OF 24 11. The proposed 174-10t subdivision with an estimated 2.9 residents per household would have a total estimated population of 504 residents at build out. The 6 office lots will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volume. D. 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 ofthe subject project shall obtain current best management practices for stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. E Adopt the Recommendations of Settlers' Irrigation District as follows: 1. That all irrigation/drainage facilities along with their easements be protected and continue to function as such. The laterals involved are the McMullen, and Hudson #33. 2. A license agreement will need to be signed and recorded prior to construction of any S.LD. facilities. 3. All storm drainage must be retained on-site. 4. Any changes to the existing irrigation system must be approved by Settlers Irrigation District. 5. The development must supply irrigation access to all lots within the above- mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 24 F. Adopt the action of the Council taken at their May 13,2003 meeting as follows: 1. The applicant's project does not warrant a signal; however, future development of the community park may require signalization. The funding of any Opticom improvements should be borne by the heavy traffic generator. 2. All internal roads will be a minimum of 36' back of curb to back of curb. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 9 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit In accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code g 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 ofthe City Council at its regular meeting held on the 271!::. day of I11tZf ROLL CALL: ,2003. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 24 COUNCILMAN KEITH BIRD VOTED ~ VOTED$/L- COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Me CANDLESS VOTED$?C COUNCILMAN WILLIAM L.M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: S-27-tJ,3 -- VOTED MOTION: APPROVED: K DISAPPROVED: Attest: ~ P:> ~ ~ ~ O! ~"..... Usr 1si . X-- ~ ~ '" t-.; ~ ..~ "'f ~~ "...... :';'1 C'o&'1.-.:'<l, \\" 1'1 ~". \ \' I[{"IE" ~lt'l\" Copy served upon Applicant, Planning and Zoiling Department, Public Works Department and the City Attorney. BY~~P~I9v- City Clerk Dated: :!: '!:. - .. - ... ... ... Z:\Work\M\Meridian\Meridian I 5360M\Verona Subdivision AZ-Q3-Q05 PP-Q3-003 CUP-03-007\FiClsCUP03-007.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 24 OF 24 ( BEFORE. THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 5/13/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) DEVELOPMENT FOR VERONA ) SUBDIVISION IN AN R-8 ZONE, ) LOCATED ON THE NORTHEAST ) CORNER OF W. McMILLAN ROAD ) AND N. TEN MILE ROAD, ) MERIDIAN, IDAHO ) ) PRIME LAND DEVELOPMENT, ) LLP, ) ) APPLICANT ) ) Case No. CUP-03-007 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the May 13, 2003, under the provisions of Meridian City Code 9 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a Planned Development in an R-8 zone located on the northeast corner ofW. McMillan Road and N. Ten Mile 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: SITE SPECIFIC CONDITIONS OF AFPROV AL (Conditional Use Permit) ORDER CONDITIONAL USE PERMIT (CUP-03-007) PAGE 1 OF 9 1. Applicant shall meet all ofthe requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All development shall complywith the Americans with Disabilities Act and the Fair Housing Act. 3. A new detailed Conditional Use Permit will be required prior to development of any ofthe office/church uses within Verona Subdivision. 4. Construction of the proposed multi-use pathway and landscaping of the parkway between the multi-use pathway and W. Bellagio and W. Malta Drive shall be completed prior to occupancy of homes constructed in the first phase ofthe proposed development. 5. Fencing adjacent to micro-paths shall be limited to 4 feet in height if solid fencing material is used, with the allowance for an additional 2 feet of lattice work to be placed on top of the solid fence. 6. A planned sign program shall be required for the commercial portions of the property. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 38-feet of right-of-way from the centerline ofTen Mile Road (an additional13-feet of right-of-way) and place the sidewalk within an easement on the proposed common lot (a minimum of 41- feet from centerline, as proposed. If the applicant wishes to consider other options for the right-of-way and construction of sidewalk on Ten Mile Road, the applicant may select one of the options found in Finding for Consideration #2. 2. The applicant shall do one ofthe following: a. Dedicate by donation an additional10-feet of right-of-way along McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from the centerline of the right-of- way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. ORDER CONDITIONAL USE PERMIT (CUP-03-007) PAGE 2 OF 9 c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located at the back edge ofthe existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. Construct a main entrance, Desert Breeze Avenue (identified on the site plan as West Carrara Drive), to intersect with McMillan Road approximately 970-feet-east of Ten Mile Road, as proposed. 4. Construct a main entrance, Carrara Drive, to intersect Ten Mile Road approximately 850-feet north of McMillan Road, as proposed. 5. Construct a main entrance, West Bellagio Drive, to intersect Ten Mile Road approximately 140-feet south of the north property line, as proposed. 6. Construct Bellagio Drive as a 36-foot street section with curb, gutter and 5-foot concrete sidewalk on the south side of the roadway and a to-foot detached asphalt pathway on the north side of the roadway within 50-feet of right-of-way with no front on housing, as proposed. Provide the District with an easement for the sidewalk that will extend outside ofthe right-of-way. Direct access and parking is prohibited on West Bellagio Drive. 7. Construct West Carrara Drive as a 40- foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way. 8. Construct the internal roadways as 33-foot street sections with curb, gutter and 5- foot-attached sidewalks within 50-feet of right-of-way, as proposed. Provide the District with documentation showing that the appropriate fire department has reviewed and approved this street section unless otherwise approved by the District. 9. Extend San Marino Street from the east property line approximately 1,260-feet north of McMillan Road, as proposed. 10. Extend West Cosenza Street from the east property line approximately 71O-feet south ofthe north property line, as proposed It. Extend West Malta Drive from the east property line approximately 125- feet south of the north property line, as proposed. 12. Construct one cul-de-sac turnaround within the subdivision, as proposed. Provide a minimum turning radius of 45-feet. ORDER CONDITIONAL USE PERMIT (CUP-OJ-OO?) PAGE 3 OF9 13. Construct islands within West Carrara Drive and Bellagio Drive, as proposed. Provide a minimum 21-foot street section (measured back-of-curb to back-of-curb). 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 ofthis shall be required on the final plat. 14. Construct a driveway on the west side of East Carrara Drive approximately 230- feet north of McMillan Road, as proposed 15. Construct a driveway on the east side of East Carrara Drive approximately 350- feet north of McMillan Road, as proposed 16. Construct a driveway on the east side of East Carrara Drive approximately 750- feet north of McMillan Road, as proposed. 17. Construct a driveway on the north side of East Carrara Drive approximately 180- feet east ofTen Mile Road, as proposed. 18. Construct a driveway on the north side of East Carrara Drive approximately 340- feet east of Ten Mile Road, as proposed. 19. Construct a driveway on the north side of East Carrara Drive approximately 500- feet east ofTen Mile Road, as proposed. 20. 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 15-foot radii abutting the existing roadway edge. 21. Construct a southbound turn lane at the intersection of Bell agio Drive and Ten Mile Road. Coordinate the design of the turn lane with District staff. 22. Construct a southbound turn lane at the intersection of Carrara Drive and Ten Mile Road. Coordinate the design ofthe turn lane with District staff. 23. Construct an eastbound left-turn lane at the intersection of Carrara Drive and McMillan Road. Coordinate the design of the turn lane with District staff. 24. Construct a westbound right-turn lane at the intersection of Carrara Drive and McMillan Road. Coordinate the design ofthe turn lane with District staff. ORDER CONDITIONAL USE PERMIT (CUP-03-007) PAGE 4 OF 9 25. Enter into a development agreement with ACHD that outlines right-of-way acquisition, costs, timing and payment; and shall also include an agreement that this development shall be subject to any extraordinary impact fee, LID or other funding source established by the District to improve the surrounding roadways; or shall be subject to the development's proportionate share of surrounding roadway improvements as established by the applicant's traffic impact study. 26. The applicant is donating 13 feet of additional right-of-way subject to receiving a credit against extraordinary impact fees, if such extraordinary impact fees are imposed on this development. (See letter F. hereinbelow pursuant to Council action taken at their May 13,2003 meeting.) 27. Other than the access points specifically approved with this application, direct lot access to West Bellagio Drive, Ten Mile Road and West McMillan Road is prohibited. Notes of this shall be noted on the final plat. 28. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. ORDER CONDITIONAL USE PERMIT (CUP-03-007) PAGE 5 OF 9 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Commercial and office occupancies will require a fire- flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A ORDER CONDITIONAL USE PERMIT (CUP-03-007) PAGE 6 OF 9 3. 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. (See letter F. hereinbelow pursuant to Council action taken at their May 13, 2003 meeting.) 4. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department through the City Engineering Department. 6. All roads shall have a turning radius of 28' inside and 48' outside. 7. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. Typical street width of34' will be allowed to have parking on both sides. The typical collector street with a width of29' will be required to have restricted parking to onlyone side. UFC 902.2.2.1 (See letter F. herein below pursuant to Council action taken at their May 13, 2003 meeting.) 8. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 9. The phasing p Ian may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. 10. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. This may be a concern during the phasing ofthe project. UFC 902.2.1 11. The proposed 174-10t subdivision with an estimated 2.9 residents per household would have a total estimated population of 504 residents at build out. The 6 office lots will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volume. D. 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. ORDER CONDITIONAL USE PERNrrT (CUP-03-007) PAGE 7 OF 9 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 ofthe subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E Adopt the Recommendations of Settlers' Irrigation District as follows: 1. That all irrigation/drainage facilities along with their easements be protected and continue to function as such. The laterals involved are the McMullen, and Hudson #33. 2. A license agreement will need to be signed and recorded prior to construction of any S.LD. facilities. 3. All storm drainage must be retained on-site. 4. Any changes to the existing irrigation system must be approved by Settlers Irrigation District. 5. The development must supply irrigation access to all lots within the above- mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. F. Adopt the action of the Council taken at their May 13, 2003 meeting as follows; 1. The applicant's project does not warrant a signal; however, future development ofthe community park may require signalization. The funding of any Opticom improvements should be borne by the heavy traffic generator. 2. All internal roads will be a minimum of36' back of curb to back of curb. ORDER CONDITIONAL USE PERMIT (CUP-03-007) PAGE80F9 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the 21f:!: day of ;?14lf ,2003. Attest: SEAL "'1'. f?.::: ... ~ ...~ 0 2 \. ~ ~r 15\ . ~.; ~ ~C ..('~ ,,,;:' ..... 0 .-r.J \v,' "'1 i.N't~ l' \~' lIlt.. ... .\\\\ 1f.::'tJJ-f,.~ HY1\Jf~ Copy served upon Applicant, the Planning and Zomng Department, Public Works Department and City Attorney. By:dI~~~~ City Clerk Dated: ~-2g-tJ3 Z:\Work\M\Meridian\Meridian 15360M\Verona Subdivision AZ-03-005 PP-03-003 CUP-03-007\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-03-007) PAGE 9 OF 9 ( May 23,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Finance Department REQUEST Finance Report May 27, 2003 3-H ITEM NO. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS r Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. FINANCE REPORT April 2003 Table of Contents REPORT NAME Long Term I nvestment Status I nvestments and Cash WWTP - Budget to Actual Comparison WATER - Budget to Actual Comparison Utility Sales Revenue Comparison General Fund Expenditures - Budget to Actual Comparison General Fund Revenue - Budget to Actual Comparison Special Service Fund - Budget to Actual Comparison Overtime Report for FY2003 Police Dept Monthly Overtime Fire Dept Monthly Overtime Vacant Position Report Capital Purchases Report - General Fund Capital Purchases Report - Enterprise Fund Amendment MIP - Statement of Revenue & Expenditure Reports 1 of 16 PAGE# 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 CITY OF MERIDIAN LONG TERM INVESTMENT STATUS AS OF 4/30/2003 $631,831 $3,639,307 INTEREST BEARING ACCOUNTS PORTFOLIO DISTRIBUTION $5,144,257 Ii!I Government Bonds $1,964,352 o Certificates of Deposit $20,731,564 liillAdvisor Money Market o Checking IIiI Money Market iii Wells Fargo Bond Reserve III Idaho State Pool CASH & INVESTMENT TYPE - NET YIELD 0.04 0.035 0.03 0.025 0.02 0.015 0.01 0.005 o ~'" ~o~ e'" ;:." 0...0 ~e e'" e~ "'6~'1 o~ ~. G "e ++ ~(Io6) ~e" e~e qoo'" 0" ee; +'li' e'" !<,.e ...~4...'/i ,,'<' ;:.e~ f:o~ ~ ~..'li' ~. ....0...0_0 v- -i>~ v ...1:>'li'~- $955,812 $1,182,983 $3,326,862 $555,773 Investment Account Balance by Fund D General Fund IJ Cap Improve Fund III Enterprise Fund $1,873,755 D Fire Truck Fund II Latecomer Fund II Special Service Fund $33,559,447 IIlIiI Park Impact Fees 2 of 16 CITY OF MERIDIAN INVESTMENTS AND CASH 4/30/2003 6.00% 5.00% C 4.00% ..J w 3.00% >- 2.00% 1.00% 0.00% INTEREST RATE HISTORY i.~ ~':. - - .-,<~,~,,"". .. '.' ~-~'. ............./~. ~~.. <":ie""",-,:-?",:,. -':,:",:,,-,:.,;;3,;, ;.~ ~'b-.J", f::oe )~.J", ~.... :~:i" "::Oe' "::Oe' ~l 'b-<:\ 'b-<:\ t..~ '?-~~~ '?-~ )V b.VCS e~ (j....o e~ e~ ..'b-~.::f "::O'.::f ~'li T ~'o,l 0 o.s. ef;; .. <<e fl:)e ~ ~ MONTH $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $0 $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 Investment Income - Budget to Actual Comparison General Special Services Enterprise COMPARISON - INVESTMENT & CASH BALANCES Q.:> ,,~ ~/ O'?o . ,().;.; -<;;;..:> % 'Of.r y~ '%, ~"'Ol< ~v(' ,(0 ':>'Q. .:>& is>')(' is' '01. (';>1. 1:& 00,() 0.;>01''' l,:, ':>0",. is>va., "~A_ 0 -, "vf ~ '''liS> .OZ 0') ,<:, is>~ ~ ';>>:f, O!'~ <:-", <--'): 't. is>(' vI.<' 0' 0' "0' 0') 3 of 16 -Checking Account -Netrnvestment Advisor Incorrie _Interest Income T otaJ Budget II Interest Income Budget YTD o Interest Income Actual YTD II Interest Income Prior YTD . 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W$CO b.E;:Ero z~ ~ <( "" '0 '" s ~ 0: o on CITY of MERIDIAN UTILITY SALES REVENUE COMPARISON for Period Ending 4/30/2003 Monlh October November December January Feburary March April May June July August September Water FY2002 $357,563 $203,611 $149,145 $151.301 $158,240 $146,909 $174,751 $241,894 $408,431 $363,936 $406,124 $359,824 $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $0 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $0 FY200J $276,042 $214,536 $141.050 $155,770 $147,265 $142,265 $158,136 Dollar Change -$81,521 $10,925 -$8.094 $4.469 -$10,975 -$4,644 -$16,615 FY2003 $324,870 $339,620 $283,145 $329.145 $311,595 $296,694 $320,870 Percentage Change -22.80% 5.37% -5.43% 2.95% -6.94% -3.16% -9.51% WWTP FY2002 $221.063 $240,097 $254,195 $255,736 $261,926 $235,264 $252,716 $257,080 $277,368 $356,038 $334,856 $346,096 Month October November December January Feburary March April May June July August September WATER SALES REVENUE :;:,<8- ::s;><8- ::s;><8- cY' 0~ &~ o .;;;.o.s. <::)0 &"" "'("<::1. fl>0 '1>0 ~o:- ;;:.oS ,:Y ~1> ';,1> <<& ~q;, ;;:.0 ';,'5 ,~'\ ~ & ~ ~.s ~ <f ~0 0'0<::1. WWTP UTILITY SALES REVENUE .0<" 0<" it tA tA 0:- if)" ~ ~ .,:;,1>~1> .t..~ 0' 18' _,,}' ;;:. ';Qv ""- o o.s. 0'-' ';,1> <<.0 ~ <) '1>. ~" o ';,v<::' ')~'\ .,:;,<} ~ "'("v<:$ ",,-0~ 00<::1. ~q;, 6 of 16 Dollar Change $103,807 $99,523 $28,950 $73,409 $49,669 $61,429 $68.154 ....- FY2002 FY2003 ....- FY2002 FY2003 Percentage Change 46.96% 41.45% 11.39% 28.71% 18.96% 26.11% 26.97% :z: o '" it: ~ ::s o u w !;c <1)0 ~~ ~ ::;)0::: ~ 51'1i 0 :z:~ :C! ~;;! ;; :'i:~~ ~ 5~~ ffi ii~o :I: ~..J~ ~ 'Oi2w",g weJoOoll: ~ffi~~25 oc:t.aJlI..u.. w o OIl g U ti Il.. <C 'g~.s ~>Q; ~ ~ ... ::l C CO ... (!) '" ~ ~~~~ " ~~~~ :~~ g ~~ ~- Q ~~ n :2L~ .,~ -., . " ;;; ~~ ",,,, .. -.i- 11<'" "'''' 5!:ll 5\2 ~~~i rig ~~ ~~-=~ g mili IU . 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(SIo 0 .- ct u- 9~ (SI-1 U1 .....15>. 9v :EC""I 9~ 0 0 0 0 0 0 0 va u..~ 0 0 0 0 0 $" 0- 0 0 0 0 0 0 ~C""I ~ LO 0 LO 0 LO - ';;if C'J C'J ...- ...- $" (.) $" $" $ 1(;/7 CITY OF MERIDIAN VACANT POSITION REPORT AS OF April 30, 2003 Date Department Job Position Filled New Vacant Jessica Flores-Promotion Crime Prevention Specialist Patrol Officer (Christensen) Patrol Officer (Advance) Patrol Officer (Advance) Crime Analyst Records Clerk (Flores) 1 0/1/2001 4/28/2003 4/1/2003 10/1/2002 10/112002 10/112002 4/1/2003 Iwatef,W ,::~?;:~,::,;.;~:~,._,.~,~,...., '.~';.;i>;-)--~;:;.:~,';A: ~jetzt~';jnZi;f:g@~~F!;;,(r: :;![i'loperator II Operator I Water Work Person (Arte) Meter Reader III 10/1/20021 Brent Arte-Promotion 3/12/2003 3/12/2003 Danny Kern-Promotion 3/12/2003 115" 20 Seasonal Part-Time Seasonal I 10/1/20021Varies I Helen Wong Seasonal Softball Score Keeper 4/7/2003 John Beaudoin Seasonal Groundskeeper 4/15/2003 Desiree Grant Office Assistant (A Johnson) 4/28/2003 I I 3/4120031 Testing 3/28103 9 Intro Firefighters I pUbllc,WQrk$j:j::i:0%0~,:;i,':;i0;;!,Wi1;;;;:j::::';{;;i10' I Staff Engineer 10/1/20021 Planning Director/Zoning Admin (Stiles) 4/29/2003 13 of 16 Carryforward BUDGET PURCHASES Bud 10 Act Depl Acct Description FY2002 Amount FY2003 YTO Variance Notes Mayor 94300 computer. desktop 1,500.00 1,562.62 (62.62) replace #46 96001 CIP - Municipal Center 75,000.00 75,000.00 for design and reviews Finance 94200 desk & chair 1,200.00 1 ,200.00 0.00 IT coordinator Finance 94300 computer - desktop 1,500.00 1,200.66 299.34 replace #463 Finance 94300 computer' desktop 1,500.00 1,200.66 299.34 replace #464 Finance 94300 computer - desktop 1,500.00 1.200.66 299.34 replace #461 Finance 94300 computer. desktop 1,500.00 1,200.66 299.34 replace #462 Finance 94300 computer. laptop 2,000.00 1.833.19 166.81 IT coordinator Finance 94300 Superstack 3 Switch 1,105.95 (1,10595) network hardware not in budget HR 94200 desk & chair 1,700.00 1,547.46 152.52 HRAnalyst HR 94300 computer - desktop 1.500.00 1,321.31 178.69 replace #308 HR 94300 computer. desktop 1,500.00 1,470.32 29.66 HR Analyst Police 94100 Vehicle. investigations 20.000.00 21,411.00 (1,411.00) replace #3 Police 94100 Vehicle - investigations 20,000.00 21,298.00 (1,298.00) replace #11 Police 94100 Vehicle. investigations 20.000.00 18,440.00 1,560.00 Enhancement#7 promote officer to investigator Police 94100 Vehicle - patrol 20,000.00 27.107.00 (7,107.00) replace #26 Police 94100 Vehicle. patrol 40,000.00 31,817.00 8,183.00 replace #29 Police 94100 Vehicle - patrol 28,500.00 30,103.00 (1,603.00) replace #24 Police 94100 Vehicle. patrol 27,000.00 28,375.00 (1,375.00) replace #31 Police 94100 Vehicle - patrol 40,000.00 35,747.00 4.253.00 Enhancement#3 new patrol officers Police 94100 replace 2 Astro Spectra Radios 5,531.36 (5,531.36) capital items PO budgeted in operating Police 94200 desk I work station 1,500.00 1,500.00 Enhancement#4 Crime Analyst Police 94200 desk I work station 1,000.00 1,000.00 Enhancement#5 records clerk Police 94300 computer - desktop 2,000.00 1,921.00 79.00 replace #4155 Police 94300 computer - desktop 2,000.00 1,080.00 920.00 replace #4157 Police 94300 computer. desktop 1,500.00 1,080.00 420.00 replace #438 Police 94300 computer - desktop 1,500.00 1,080.00 420.00 replace #4067 Police 94300 Laptop computer 1,857.00 (1,857.00J extra Laptop not in budget Police 94300 Computer & Software 6,000.00 6,000.00 Enhancement#4 Crime Analyst Police 94300 Computer & Software 2,000.00 1,080.00 920.00 Enhancement#5 records clerk Police 94400 Glock Handguns 18.000.00 15,168.00 2,832.00 replace Smith & Wesson handguns Police 94400 LI OAR speed detect device 4,500.00 2,916.00 1,584.00 Enhancement#3 new patrol officers Police 94400 Video 2001 system 4,495.00 (4,495.00) purchase for OUl grant Police 96011 carryforward 17,902.20 7,208.80 10,693.40 Tvcabling,handrails Fire 92300 Latecomer fees 2,700.00 2,700.00 Enhancement#1 new fire station Fire 93302 Opticom 16,000.00 8,194.00 7,806.00 Enhancement#6 opticom Fire 94200 turnout racks,furnishings,tools&propane 28,000.00 28,000.00 Enhancement#1 new fire station Fire 94300 computer. desktop 2,000.00 1,193.17 806.83 Enhancement#1 new fire station Fire 94300 computer - desktop 1,500.00 1,193.17 306.83 replace #2501 Fire 94300 computer. desktop 1,500.00 1,500.00 replace #2015 Fire 94400 defiberaltor 4,000.00 4,000.00 Enhancement#1 new fire station Fire 94400 SCBA test bench 6,500.00 6.500.00 Enhancement#5 equipment Fire 94600 base station 3.800.00 3,800.00 Enhancement#1 new fire station Fire 94600 phone system 5,000.00 5.000.00 Enhancement#1 new fire station Fire 96999 Firetruck #301 pumper 151,134.75 151,139.27 (452) Fire Truck Fire equipment for New Pumper 20,407.91 (20,407.91 ) will need to amend Parks 91000 Land purchase 94,060.00 181,000.00 270,257.32 4,802.68 Enhancement#2 Borup property Parks 93405 Phase II improvements 18,517.07 155,000.00 480.00 173,037.07 Enhancement#6 Storey Park Parks 93409 playground equipment 38.000.00 28,745.37 9,254.63 Enhancement#4 Chateau Parks 93411 Skate Park construction 11,847.30 32,689.59 (20,842.29) carryforward money only of $11.B47.30 Parks 94401 lawn mower 8,095.00 8,095.00 replace #2097 Toro Groundmaster Parks 96156 Adventure Island Playground 50,000.00 50,000.00 100,000.00 Enhancement#9 Parks 96902 basketball courts 11.000.00 11,000.00 Enhancement#7 Bear Creek Parks 96902 restroom construction 135,000.00 17,004.78 117,995.22 Enhancement#7 Bear Creek Parks 96903 Settlers improvements 611,114.72 131,000.00 348,112.35 394,002.37 Enhancement#3 landscape,sidewalk P&Z 94100 Vehicle 14,000.00 14,000.00 replace 1991 Chevy Caprice p&z 94100 Vehicle 15.000.00 15,000.00 0.00 Enhancement#1 Code Enforce Coordinator P&Z 94300 Computer & Software 3,000.00 2,880.00 120.00 Enhancement#2 new Planner II contribution to Capital Improvement Fund 363,723.00 363,723.00 from both General & SpecialSvc Funds excess carryforward I 561,652.96 General Fund TOTAL Capital for FY2003 1,516,229.00 1,521,718.00 1,169,855.60 1,306,438.44 I CITY of MERIDIAN FY2003 Budget to Actual Capital Outlay GENERAL FUND YTD 04/30/2003 14 of 16 Ca rryforward BUDGET PURCHASES Bud to Act Dept Acct Description from FY2002 for FY2003 FY2003 YTD Variance Notes MUBS 92000 new front counter 10,000.00 3,293.68 6,706.32 Enhancemenl#2 front counter MUBS 94300 computer - desktop 1,500.00 1,500.00 replace #523 MUBS 94300 computer - desktop 1,500.00 1,500.00 Enhancemenl#2 front counter PW 94100 Vehicle. 4wd 21,230.00 17,057.89 4,172.11 Enhancemenl#5 add itional vehicle PW 94200 bookshelves 1,000.00 1,000.00 Enhancemenl#8 bookshelves PW 94200 desk / work station 1,500.00 1 ,500.00 Enhancemenl#6 new Staff Engineer PW 94300 computer - desktop 4,000.00 3,682.00 318.00 replace #1042 PW 94300 computer - desktop 2,200.00 2,209.00 (9.00) replace #1060 PW 94300 computer - desktop 2,200.00 2,200.00 replace #1083 PW 94300 computer. laptop 3,400.00 3,499.56 (99.56) Enhancemenl#3 technology PW 94300 computer & software 2,200.00 2,200.00 Enhancement#6 new Staff Engineer PW 94300 printer - workgroup laser 1,200.00 1,200.00 Enhancement#3 technology Water 93301 upgrade telemetry system 7,785.00 10,000.00 17,785.00 Enhancement #10 Water 94100 Vehicle - pickup 18,000.00 13,049.47 4,950.53 replace 1991 Ford Pickup Water 94100 Vehicle - pickup 18,000.00 13,049.47 4,950.53 Enhancement#1 new well tech Water 94300 computer - desktop 2,200.00 1 ,562.62 637.38 replace #3583 Waler 94300 computer - desktop 2,200.00 1 ,562.62 637.38 replace #3073 Water 94300 com puler - desktop 2,200.00 1,562.62 637.38 Enhancement#1 new well tech Water 94400 Well #11 Fault Assy Unit 6,620.00 (6,62000) budgeted in operating" amend to capiial Water 94400 Well #15 Faull Assy Unit 12,660.00 (12,660.00) budgeted in operating - amend to capital Water 96111 WaterTower Upgrade 89,872.94 42,602.19 47,270.75 carryforward Water 96131 Well #10 landscape 23,237.50 19,310.00 3,927.50 carryforward Water 96133 Well #22 441.00 (441.00) no carryforward overbudget from 02 Water 96140 Waterline Extensions 600,000.00 143,664.95 456,335.05 Enhancement #7 Water 96147 Waterline Extensions 276,348.61 16,534.65 259,813.96 carryforward Water 96148 Well #23 45,537.18 997.89 44,539.29 carryforward Water 96149 Well #24 103,018.99 80,000.00 11,632.73 171,386.26 Enhancement #2 Water 96150 Well #25 199,959.00 300,000.00 46,929.90 453,029.10 Enhancement #4 Water 96157 Well #26 350,000.00 350,000.00 Enhancement #3 Water 96158 Well #27 200,000.00 200,000.00 Enhancement #9 Water 96999 carryforward 678,739.78 Water excess carryforward WWTP 96999 carryforward 1,115.595.00 WWTP excess carryforward WWTP 93505 Sewerline extensions 1,010.861.34 447,123.20 563,738.14 carryforward WWTP 94100 Kawasaki Mule for WWTP 6,000.00 5,683.35 316.65 Enhancement #1 WWTP 94200 desk,chair new Biosolids office 2,000.00 2,000.00 Enhancement #1 WWTP 94200 desk,chair new WWTP office 2,000.00 2,372.37 (372.37) Enhancement #1 WWTP 94300 computer - desktop 2,200.00 1,394.00 806.00 Enhancement #1 WWTP 94300 computer" desktop 2,200.00 1,360.85 839.15 Enhancement #1 WWTP 94300 Computer Server 5,191.00 (5,191.00) Not Budgeted to come from 94600 budg WWTP 94400 E-coli waterbath equip 2,000.00 2,000.00 Enhancement #1 WWTP 94400 Effluent Sampler 5,500.00 5,500.00 replace #3671 WWTP 94400 Gantry Crane portable 3,000.00 3,185.07 (185.07) Enhancement #1 WWTP 94400 Infrared Moisture Analyzers for Lab 3,200.00 2,060.00 1,140.00 Enhancement #1 WWTP 94400 ISCD portable sampler 5,000.00 4,542.00 456.00 replace #10373 WWTP 94400 ISCO portable sampler 5,000.00 5,000.00 Enhancement #1 WWTP 94400 Line Locator for collections 2,000.00 2,774.93 (774.93) Enhancement #1 WWTP 94400 Microfilm Reader 2,000.00 2,000.00 Enhancement #1 WWTP 94400 SamplingfTesting equip for Pretreatment 19,500.00 19,500.00 Enhancement #1 WWTP 94400 Diesel Tank 11,957.60 14,910.00 (2,952.40) carryforward WWTP 94600 phone system 15,000.00 3,346.45 11,653.55 Enhancement #6 WWTP 96109 UV/5mile Outfall 260,031.71 4,781.00 255,250.71 WWTP 96141 WWTP Generator #3 25,443.53 25,443.53 WWTP 96142 South Slaugh Sewer Ext 925,640.62 676,285.15 249,355.47 WWTP 96143 WWTP City water project 16,900.46 16,900.46 WWTP 96144 AShford Lift Station upgrade 274.73 (274.73) flow monitoring WWTP 96145 WWTP Nonpotable water projec 82,669.10 82,669.10 WWTP 96151 Predesign of WWTP projects 198,488.79 50,000.00 70,901.19 177,587.60 Enhancemenl #3 WWTP 96152 Baise River Outfall/Creek Crossi 69.893.64 250,000.00 24,321.31 295,572.33 Enhancement #4 WWTP 96154 Tertiary Filter By-Pass 19,401.00 19,401.00 WWTP 96155 Thickener Project 427,242.21 450,000.00 95,213.38 782,028.83 Enhancement #2 WWTP 96159 Centrate Basin Construction 200,000.00 200,000.00 Enhancement #7 WWTP 96160 Digester Gas Line Modification 22,000.00 22,000,00 Enhancement #9 WWTP 96160 Methane Gas Alann for Digester 5,000.00 5,000.00 Enhancement #9 WWTP 96162 BlckCat Trunkline/Lift pre design 400,000.00 28,383.94 371,616.06 Enhancement #11 enterprise addition for fund bal 1 ,087,419.00 1,087,419.00 budgeted revenues exceeded expenditu Enterprise TOTAL Capital for FY2003 5,588,624.00 4,175,549.00 1,756,026.16 6,213,812.06 -. CITY of MERIDIAN FY2003 Budget to Actual Capital Outlay ENTERPRISE FUND YTD 04/30/2003 et res 15 of 16 CITY OF MERIDIAN FY2003 POTENTIAL BUDGET AMENDMENTS as of April 30, 2003 ENTERPRISE FUND Fund Dept Debit Credit Descrip 60 WWTP $ 150,000 increase cost of DAFT construction (wastethickener) 60 WWTP $ 433,320 addt'l funds needed for BlackCat & South Slough trunklines 60 WWTP $ 125,107 increase for Boise River Repair/Creek Crossing projects 60 Water $ 20,000 move money from operating acct Wells Maint to Capital Equipment for 60 Water $ 20,000 2 Well VFD drives for Well 15 & Well 11 60 $ 708,427 decrease 2003 excess funds that were to go to Fund Balance ENTERPRISE $ 728,427 $ 728,427 $ - lTransfer To (From) Fund Balance GENERAL FUND 01 FIRE $ 20,408 $ 20,408 equipment for new firetruck #301 move money from operating to capital increase the contribution to the Capital Improvement Fund - building fund 50 Bld~ $ 320,759 increase in fund balance exceeded budgeted amount contribution to Capital Improvement Fund will decrease Special Svcs cash & 50 Bld~ $ 320,759 fund balance 50 Bldg $ 14,360 increase rent for Building Department 50 Bldg $ 1,700 increase phone expense for move 50 Bldg $ 1,000 increase computer expense for cabling during move 50 Bldq $ 17,060 decrease the contribution to the Capital Improvement Fund for increase Rent 01 Other Gov $ 40,000 Ten Mile Exchange Study not budgeted for 01 FIRE $ 101,578 increase enhancements for the Rural share of 25% 01 FIRE $ 101,578 increase revenue from Rural Fire for their 26% share of 03 enhancements 01 FIRE $ 140,000 decrease #3 wages - 3 months salary savings 01 FIRE $ 7,500 decrease Sta#3 operating - station won't open this fiscal year 01 Police $ 25,000 decrease wages - will not hire PT Crime Prevention Officer 01 Admin $ 10,000 decrease budget for Centennial Celebration in #1840 01 Admin $ 99,015 cancel FY03 transfer to Capital Improvement Fund from General Fund 01 GENERAL FUND $ 499,805 $ 741,320 $ (241 ,515)lTransfer To (From) Fund Balance ITEMS UNDER CONSIDERATION 50 Bldq Increase Building Department Revenue and Contract Inspector Expense 60 WWTP $ 100,000 increase costs for Boise River Rpr/Creek Crossing #96152 60 WWTP $ 100,000 savings from the UV/Five Mile #96109 1 Parks $ 176,620 receipt from ACHD for Storey Park right of way purchase 1 Fire $ 16,026 receipt from ACHD for Franklin Rd right of way purchase 1 Recreation $ 3,700 increase personnel for 4month Recreation Coordinator @ Tully 1 Council $ 3,700 th e Recreation Coordinator will fu nd from Council consulting budg et 1 HR $ 25,000 transfer $ to HR from Council Budget for Aspireon contract 1 Council $ 25,000 transfer $ to HR from Council Budget for Aspireon contract TOTAL $ 321,346 $ 128,700 $192,6461 16 of 16 rfj ~ ~~ ~ ~ ~ :;;:. ~ ! u 0 oS ~ % t.l ~ oS ~ '0 ~ .... ~ ~ ~ o ~ ~ \ r:J) (l) ~ ~ s .a ~ ~ ~ o '.0 c:$ o o Q) (/). ...... \-< ~ ~ ~ ti \ ti ~ e a % ~ r.f). 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N 0 0 N ~ rl r- 8 '" ...., ...1 ~ >< A .j..J m .jJ 0 ~ r:.1 t> ell ~ ..... u :::l H g. J.J ,.., j >..t ~ 0 Q) .jJ J:: ..... 00 01 ::l W e >. '"0 0 <C tI) H 0 ::l III ~ E-< H .j.J III ,.., 0 m m Cl .j.J U i-I '0 .j.J 13 tJ m Q} III .,..; U tIl ..... ;:. 0, r... ~ ..!<: tJl <Il 0 m u QJ J:: H U g ~ m u m p, ..-l X H ~ ,.., III r<I E-< III E-< .j.J U M 0 r:.1 0 E-< r... 0 r... N 0 r:.1 ...... l.J) E-< M 0\ N f'1 r:.1 ...... Z Lll '1 RESOLUTION NO. t/:7 -1tJ 3 BY: Ic!el rlL !J;rC0 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR FINDINGS AND TO ESTABLISH SEWER AND WATER LINE EASEMENT ACQUISITION POLICIES FOR THE BLACK CAT SEWER TRUNK PROJECT FOR THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority [pursuant to Ie. ~ 50- 302] to establish resolutions not inconsistent with the laws of the state ofIdaho as maybe expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, conunerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to establish Sewer and Water Line Easement Acquisition Policies for the City of Meridian in order to provide for a uniform and equitable treatment of property owners of land subject to the City of Meridian sewer and water line easement acquisition, and to adequately protect the best interests of the ratepayers of the City of Meridian. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. Pursuant to Idaho Code ~50-301 et seq., the Mayor and City Council hereby adopt the City of Meridian Sewer and Water Line Acquisition Policy for the City of Meridian, a copy ofwmch is attached hereto and by this reference incorporated herein. A copy ofthis Resolution and the attached City of Meridian Sewer and Water Line Acquisition Policy shall be held on file in the office of the City Clerk. RESOLUTION FOR SEWER AND WATER LINE EASEMENT ACQUISITION POLICIES FOR THE CITY OF MERIDIAN PAGE 1 OF 2 SECTION 2: EFFECTIVE DATE. This Resolution shall be in full force and effect on m~-y ;2-7 ,2003, ~ PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 27 -day of ~ ,2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 21'1JJ- day of /luz,t ' 2003. JI~P~/~ City Clerk ATTEST: RESOLUTION FOR SEWER AND WATER LINE EASEMENT ACQUISITION POLICIES FOR THE CITY OF MERIDIAN PAGE20F2 ( DRAFT 5/20/2003 City of Meridian Sewer and Water Line Easement Acquisition Policies In order to provide for a unIform and equitable treatment of property owners of lands subject to the City of Meridian sewer and water line easement acquisition, and to adequately protect the best interests of the ratepayers of the City of Meridian as represented by the elected officials of the City, the following policies are adopted as procedural guides to be followed in sewer and water line easement acquisition: A. Develop a preliminary map depicting easement location and define easement requirements for the purpose of preliminary property owner notification; B. Determine ownership from available public records at county assessor office; order preliminary title reports on all properties to affirm necessary ownership contacts; C. Provide a written notice to each owner of property within the proposed easement of the City's intent to acquire such easement, including a copy of the Advice of Rights Form required by Idaho Code 7-711A served in the manner specified in that statute; D. Provide to property owners the two options for just compensation available to them for the permanent easement, dependent upon their desires and acceptable to the City, The third party appraisal to determine just compensation will be paid for by the City.* (1). Cash payment in the amount determined by a certified real estate appraiser to be just compensation (applying the before and after rule) for the easement, based upon the estimated market value of highest and best use for the property. (2), Donative value of easement as determined by a certified real estate appraiser to be just compensation (applying the before and after rule) for the easement, based upon the estimated market value of highest and best use for the property. Owners will be advised to check with a tax professional of their own choosing regarding the tax effects, if any, of donation E. In addition to Item 0, just compensation for use of a temporary construction easement area shall be made to Items 0.1 or D.2 as follows: (1). Just compensation shall be based upon the market rent for use of the property over the period of construction as determined b.ya certified real estate appraiser or; (2). Property owner and City mutually agreed upon assessment method of rental or compensatory considerations of temporary utilization of the temporary construction, F_ Prepare final easement documents and legal descriptions_ G. Prepare and submit to the property owner an easement offer together with the appraisal performed on the property; I. Conduct good faith negotiations with the property owner if the values obtained through the third party appraiser and those identified by the property owner are found to differ. The property owners are free to obtain an additional appraisal (at their expense) if they question values established through the estimate by the appraiser. 1 DRAFT 5/20/2003 All appraisals shall be completed in accordance with the Uniform Standards of Professional Appraisal Practice. J. Obtain a final settlement of the easement acquisition (purchase or donation) or proceed with eminent domain proceedings if appropriate. A reasonable final settlement period shall be established as 30 days from when the offer letter is delivered, via certified mail, to subject property owner. K. Commence eminent domain proceedings if final settlement cannot be reached in the settlement period specified in (J) above" The City Attorney will send appropriate demand letter with final offer prior to commencement of action" *In the event the easement value is considered (by the property owner) to be less than the cost of an appraisal by a certified appraiser, then at the property owners request and with agreement from the City, the property owner may elect to settle on the amount equal to the City's cost to procure an appraisal. The intent here is to allow the best use of funds for the smaller easement acquisitions, Definition of Terms Just Compensation 1 In condemnation, the amount of loss for which a property owner is compensated when his/her property is taken; should put the owner in as good a position financially as he or she would be if the property had not been taken; generally held to be market value_ Before and after rule1 In eminent domain valuation, a procedure in which just compensation is measured as the difference between the value of the entire property before the taking and the value of the remainder after the taking. Highest and Best Use2 In appraising real property: The reasonably probable and legal use of property that is physically possible, appropriately supported, and financially feasible, and that results in the highest value. Market Value2 The most probable price which a property should bring in a competitive open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised, and acting in what they consider their best interests; 3, a reasonable time is allowed for exposure in the open market; 4, payment is made in terms of cash or in terms of financial arrangements comparable thereto; 5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with this sale. Market Rent2 The rental income that a property would probably command in an open market. Definition References: 1. The Dictionary of Real Estate Appraisal, 4th Edition. 2. The Uniform Standards of Professional Appraisal Practice (USPAP), 2003 Edition F:\pm\phk\11873-blackcat\easement polley -rev4(unedited).doc 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State ofIdaho, with its principal office at 33 East Idaho, Meridian, Idaho, 2. That as the Ci.!Y Clerk ofthis City, I am the custodian of its records and minutes and do hereby certify that on the 2- (11:::.. day of /h tt? ' 2003, the following action has been taken and authorized. A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR FINDINGS AND TO ESTABLISH SEWER AND WATER LINE EASEMENT ACQUISITION POLICIES FOR THE BLACK CAT SEWER TRUNK PROJECT FOR THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority [pursuant to LC. ~ 50- 302] to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests ofthe City of Meridian to establish Sewer and Water Line Easement Acquisition Policies for the City of Meridian in order to provide for a uniform and equitable treatment of property owners ofland subject to the City of Meridian sewer and water line easement acquisition, and to adequately protect the best interests of the ratepayers of the City of Meridian. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. Pursuant to Idaho Code S50-301 et seq., the Mayor and City Council hereby adopt the City of Meridian Sewer and Water Line Acquisition Policy for the City of Meridian, a copy of which is attached hereto and by this reference incorporated herein. A copy of this Resolution and the attached City of Meridian Sewer and Water Line Acquisition Policy shall be held on file in the office of the City Clerk. CERTIFICATE OF CLERK PAGE 1 OF 2 ss: SECTION 2: EFFECTIVE DATE. Ilz at1-. 27-IL ,2003. ~ STATE OF IDAHO, ) County of Ada_ ) -&-- On this 21 day of _YvLO>>l , 2003, before me, a Notary Public, appeared WILLIAM G" BERG. JR., known or identtfied to me, to be the City Clerk, respectively, of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. SEAL) ",,,,,..BOI.- .$"'ON S -.. 0I~~~oT~1&~. :""l ""Y- \~~ If I \ .. .. I f tI .. \ I " .. \ I /J1 .. \ / Q .... <S' '....!'r.Jm..1.C;./ 0 .. ... ~.,;,---~.;o i-t.." ...~.eOF J.Y",'" ........ ~hMGY\~~~ Notary Public for Idaho . j Residence: MD..... Col.w1-~ t JOI..o...~ Commission Expires: -4 -Z~ -05 Z:\Work\M\Meridian\Meridian l5360M\Resolutions City Hall\2003\CERT ofCLK Sewer Water Line EasemtAcquisition Policies 05 22 03_doc CERTIFICATE OF CLERK PAGE 2 OF 2 DRAFT 5/20/2003 City of Meridian Sewer and Water Line Easement Acquisition Policies In order to provide for a uniform and equitable treatment of property owners of lands subject to the City of Meridian sewer and water line easement acquisition, and to adequately protect the best interests of the ratepayers of the City of Meridian as represented by the elected officials of the City, the following policies are adopted as procedural guides to be followed in sewer and water line easement acquisition: A. Develop a preliminary map depicting easement location and define easement requirements for the purpose of preliminary property owner notification; B. Determine ownership from available public records at county assessor office; order preliminary title reports on all properties to affirm necessary ownership contacts; C, Provide a written notice to each owner of property within the proposed easement of the City's intent to acquire such easement, including a copy of the Advice of Rights Form required by Idaho Code 7-711 A served in the manner specified in that statute; D. Provide to property owners the two options for just compensation available to them for the permanent easement, dependent upon their desires and acceptable to the City, The third party appraisal to determine just compensation will be paid for by the City,* (1). Cash payment in the amount determined by a certified real estate appraiser to be just compensation (applying the before and after rule) for the easement, based upon the estimated market value of highest and best use for the property. (2), Donative value of easement as determined by a certified real estate appraiser to be just compensation (applying the before and after rule) for the easement, based upon the estimated market value of highest and best use for the property. Owners will be advised to check with a tax professional of their own choosing regarding the tax effects, if any, of donation E. In addition to Item D, just compensation for use of a temporary construction easement area shall be made to Items D,1 or 0.2 as follows: (1). Just compensation shall be based upon the market rent for use of the property over the period of construction as determined by a certified real estate appraiser or; (2). Property owner and City mutually agreed upon assessment method of rental or compensatory considerations of temporary utilization of the temporary construction. F. Prepare final easement documents and legal descriptions_ G. Prepare and submit to the property owner an easement offer together with the appraisal performed on the property; I. Conduct good faith negotiations with the property owner if the values obtained through the third party appraiser and those identified by the property owner are found to differ. The property owners are free to obtain an additional appraisal (at their expense) if they question values established through the estimate by the appraiser. 1 DRAFT 5/20/2003 All appraisals shall be completed in accordance with the Uniform Standards of Professional Appraisal Practice, J. Obtain a final settlement of the easement acquisition (purchase or donation) or proceed with eminent domain proceedings if appropriate. A reasonable final settlement period shall be established as 30 days from when the offer letter is delivered, via certified mail, to subject property owner. K. Commence eminent domain proceedings if final settlement cannot be reached in the settlement period specified in (J) above. The City Attorney will send appropriate demand letter with final offer prior to commencement of action, *In the event the easement value is considered (by the property owner) to be less than the cost of an appraisal by a certified appraiser, then at the property owners request and with agreement from the City, the property owner may elect to settle on the amount equal to the City's cost to procure an appraisal. The intent here is to allow the best use of funds for the smaller easement acquisitions. Definition of Terms Just Compensation 1 In condemnation, the amount of loss for which a property owner is compensated when his/her property is taken; should put the owner in as good a position financially as he or she would be if the property had not been . taken; generally held to be market value. Before and after rule1 In eminent domain valuation, a procedure in which just compensation is measured as the difference between the value of the entire property before the taking and the value of the remainder after the taking_ Highest and Best Use2 In appraising real property: The reasonably probable and legal use of property that is physically possible, appropriately supported, and financially feasible, and that results in the highest value. Market Value2 The most probable price which a property should bring in a competitive open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably and assuming the price is not affected by undue stimulus_ Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised, and acting in what they consider their best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash or in terms of financial arrangements comparable thereto; 5, the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with this sale. Market Rene The rental income that a property would probably command in an open market. Definition References: 1, The Dictionary of Real Estate Appraisal, 4th Edition. 2. The Uniform Standards of Professional Appraisal Practice (USPAP), 2003 Edition F:\pm\phk\11873-blackcat\easement policy -rev4(unedited).doc 2 (/- RESOLUTION NO. ~ 3 - 404 BY: /!x/I ;/a,y A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR FINDINGS AND TO ESTABLISH A MORATORIUM UNTIL SEPTEMBER 1, 2003 FOR THE ISSUING OF ANY NEW SOLID WASTE FRANCHISES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority [pursuant to LC. ~ 50- 302] to establish resolutions not inconsistent with the laws ofthe state ofIdaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare ofthe corporation and its trade, commerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to establish a moratorium until September 1, 2003 on the issuing of any new franchises for the City of Meridian. This moratorium would provide for amendments to the Meridian City Code Ordinance to set out standards applicants for franchises must meet in order to be able to obtain a franchise in the City of Meridian, and to adequately protect the health, safety and welfare of citizens of the City of Meridian. WHEREAS, the moratorium is necessary pursuant to the status quo while regulations are promulgated. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. Pursuant to Idaho Code ~50-301 et seq., the Mayor and City Council hereby adopt the moratorium on the issuing of solid waste franchises until September 1, 2003 for the City of Meridian. A copy of this Resolution shall be held on file in the office of the City Clerk. RESOLUTION FOR MORATORIUM ON SOLID WASTE FRANCHISES FOR THE CITY OF MERIDIAN PAGE 1 OF 2 SECTION 2: Any applications for solid waste franchises received after the date of this Resolution shall be subject to whatever ordinances, resolutions or regulations are adopted by the Meridian City Council during the moratorium. SECTION 3: Any person aggrieved by the moratorium may request, in writing, a public haring on whether the moratorium should continue, which hearing shall be held within 30 days after such request is received. The bases for terminating the moratorium must be set forth in the request. SECTION 4: The moratorium may be terminated prior to the September 1, 2003 date if a resolution is adopted by the City Council. SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and effect on /Jz at-' 2!. 7 tL , 2003. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2. 7-11:. day of /11..-t/??1-. , 2003. APPROVED B: THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Z 7 .tl- day of /J,rz d-t-1-.. , 2003. f/ dI~p~ 19-. City Clerk . C()! I,i ~ . ~J1'-~ --:~~~ =: c r~ ~'~~'. /1,.4'""",,,--<__ Mayor Robert D. Corrie \\\\\\11.1I 111/1/1 \\\\ ....t:: !I..II:::-..... III ""\..J V'I '"""-'Tfl'> III" ~~~--.. . "-14., /-;. S'~ () ~'i4h ...".. ~ i.~ ~o % - - ~ - ~ SEAL Z F:")! E- ~ ~- ....<:D 0 2 \~""""~r1~' ~ $ ~ ~ t'\-. .. "\1\)"C ~ ,,'" ......;. -UJ /eJ1:'l ~ ......' Z:\Work\M\Meridian\Meridian 15360M\Resolutions City Hall\2003\R~~oti1-llMt9rj\~J\i<~~ issuing new Franchises 05 23 03.doc stUnt ,\.H ,- ATTEST: RESOLUTION FOR MORATORIUM ON SOLID WASTE FRANCHISES FOR THE CITY OF MERIDIAN PAGE 2 OF 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State ofIdaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the Ci~lerk of this City, I am the custodian of its records and minutes and do hereby certify that on the 27 ~ day of /hd~ ' 2003, the following action has been taken and authorized. A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR FINDINGS AND TO ESTABLISH A MORATORIUM UNTIL SEPTEMBER 1, 2003 FOR THE ISSUING OF ANY NEW SOLID WASTE FRANCHISES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority [pursuant to I.C, S 50- 302] to establish resolutions not inconsistent with the laws ofthe state ofIdaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to establish a moratorium until September 1,2003 on the issuing of any new franchises for the City of Meridian. This moratorium would provide for amendments to the Meridian City Code Ordinance to set out standards applicants for franchises must meet in order to be able to obtain a franchise in the City of Meridian, and to adequately protect the health, safety and welfare of citizens of the City of Meridian. WHEREAS, the moratorium is necessary pursuant to the status quo while regulations are promulgated. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. Pursuant to Idaho Code SSO-30! et seq., the Mayor and City Council hereby adopt the moratorium on the issuing of solid waste franchises until September 1, 2003 for the City of Meridian. A copy of this Resolution shall be held on file in the office of the City Clerk. CERTIFICATE OF CLERK PAGE 1 OF 2 SECTION 2: Any applications for solid waste franchises received after the date of this Resolution shall be subject to whatever ordinances, resolutions or regulations are adopted by the Meridian City Council during the moratorium, SECTION 3: Any person aggrieved by the moratorium may request, in writing, a public haring on whether the moratorium should continue, which hearing shall be held within 30 days after such request is received. The bases for terminating the moratorium must be set forth in the request. SECTION 4: The moratorium may be terminated prior to the September 1, 2003 date if a resolution is adopted by the City Council. effect on SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and lPLa1- 2-7-(3: ,2003. STATE OF IDAHO, ) : ss: County of Ada. ) On this c21.{h..dayof VVLo...~ ,2003, before me, a Notary Public, appeared WILLIAM G. BERG. JR., known or identI led to me, to be the CIty Clerk, respectively, of the CIty of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian, SEAL) 1I11'D!lItllll1 .o"'ON SJl~o b.~~~----~~~.. #J~~'~O "fA.l?;:..~.~ "'(;I:) I ..., , " ~ I , .. 13 I I III iii I I a III , I '" - ' I '" ... \ C ' · o~ _n..... br_~ ~/o. .. u-~...:~ uJj),..J..... . <> ..( "'~---- T11 · ...~...lJ"OF ~.... ...,,,to...... g hCvm7 S rYl-('~ Notary Public for Idaho . Reside?c~: A,d o.....COU,rl ~ ~jda./z.D CommIsSIon ExpIres: tj - Z - Z:\Work\M\Meridian\Meridian 15360M\Resolutions City Hall\2003\CERT ofCLK Moratorium on Solid Waste Franichises 05 23 03.doc CERTIFICATE OF CLERK PAGE 2 OF 2 Meridian City Pre-Council Meeting May 20, 2003 Page 17 of 19 De Weerd: Okay-thank you Doug. Item 7. Executive Session per Idaho Code ~67-2345(1)(b) and (c): De Weerd: Council before we move to six do we want to consider our Executive Session at the end of our Regular Agenda? Bird: Madam President I would vote to do that. Nary: I think that's fine. De Weerd: Okay. Item 6. Discussion of Solid Waste Franchise Issues: De Weerd: Item Number 6 discussion of the Solid Waste Franchise Issues. Mr. Nichols. Nichols: Madam President, Members of the Council I distributed to you I think it was two weeks ago a copy of a recent Supreme Court case that deals with franchises on solid waste disposal. That case calls into question the exclusivity of a franchise. Our current ordinance doesn't say specifically that franchises are exclusive. The issue comes up how do you deal with someone if they come and they apply for a franchise for solid waste disposal. The court opinion does give or affirm the cities authority to maintain standards and regulate the disposal of solid waste. What I would recommend that the Council do is to consider imposing a moratorium for 68 to 90 days as far as issuing any new franchises. During that period of time that staff develop a proposed ordinance changes that would set out the standards that any franchisee would have to meet in order to obtain a franchise. That way we can ensure that everything is done the way it should be and that the city has some control over how solid waste is picked up and disposed of out of the city. That it's done in the right manner at the right times and you don't have 15 different trash haulers picking different days of the week to haul up and down the same street and those sorts of things. De Weerd: Thank you. I think also we would require in this franchise contract or agreement certain things that are not spelled out in our ordinance. It would be beneficial if we did spend some time with that and examine what all we need to do. Any comments? Nary: Madam President. De Weerd: Mr. Nary. Meridian City Pre-Council Meeting May 20, 2003 Page 18 of 19 Nary: Mr. Nichols do you feel that I guess by resolution of the Councilor something we could simply impose a moratorium as you suggest or do we need to have a Public Hearing? Right now, we're not having anybody come in and asking to - in light of that decision coming and asking to do this. Do you think we simply can just impose that? Nichols: Councilman Nary that's a great question and I'm not sure of the answer to it other than I think that there's some plenary authority on the part of the Council to say in order to regulate things if we decide we're going to - we can basically freeze the status quo while we can develop ordinances or regulations. Certainly there's a parallel under the Land Use Planning Act but I didn't look at that one to see if it requires a Public Hearing before you impose a moratorium. I think in that one it's also limited to a certain period of time and it seems to me the 90 days was the max or maybe 180 in that case. I was trying to figure a time period where we could get it done but it was still short enough that it wouldn't create any problems. Nary: Yes. I think I mean there are two different kinds in the Land Use Planning Act. One is an emergency, one is based on a plan, and it just uses the term plan it doesn't tell you I assume it's a Comprehensive Plan it doesn't say specifically. Both require a hearing I mean you can declare it by resolution you then have to set a hearing within a certain time period to allow comment before you actually impose it from that day forward for whatever the number of days that are allowed. This is kind of unique because we don't really have - it doesn't specifically prohibit general moratoriums it doesn't specifically grant such a thing. I guess that's fine. We probably might want to do it by resolution at least and maybe do it by resolution that will allow it with some public to participate if they want to. Someone could be here and ask to speak on it then at least we would have some way to appoint to a (inaudible) if someone were to try to impose some sort of referable believe that that was a reasonable - you have someway to show it at least we try to consider that. That might be a better way to deal with it. De Weerd: Would two weeks for a resolution to be placed on the agenda be a timeframe that is reasonable. Nary: That seems reasonable. De Weerd: Mr. Attorney if we could have a resolution to that matter in two weeks. Sharon if you can make note of that for the agenda. Okay well we will go ahead and move Item Number 7 to the end of our Regular Agenda. I would entertain a motion to adjourn the Pre-Council Meeting. McCandless: So moved. Nary: Second. .q ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 05/30/03 02:50 PM DEPUTY Bonnie Oberbillig RECORDED -REQUEST OF Meridian City AMQUNT .00 6 111111111I111111111111111111111111111 1 ~330891 90 CITY OF MERIDIAN ORDINANCE NO. 03- 102- (p AN ORDINANCE FINDING THAT, WANDA STEWART, THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF USTICK ROAD, APPROXIMATELY Yz MILE WEST OF LOCUST GROVE ROAD, MERIDIAN, TO BE KNOWN AS TIMBERF ALLS SUBDIVISION AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAliO; HAVE MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRlBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR P ARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215, BE IT 0 RDAINED BY THE MAYOR AND THE COUNCIL 0 F THE CITY 0 F MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property, to-wit: A portion of Section 6, T.3N" R.IE., RM., Ada County, Idaho more particularly described as follows: Commencing at the Northwest comer of Section 6, T.3N., R.IE., RM., Ada County, Idaho, thence ANNEXATION AND ZONING ORDINANCE (AZ-03-003) PAGE 1 OF 4 S 89034'26" E 2406.55 feet to the North Y4 corner of Section 6, T.3N" R.1E., which is the point of beginning, thence S 00020'24" W 558.48 feet, thence S 00020'24" W 74.82 feet, thence S 62039'43" E 216.39 feet, thence N 86018'53" E 125.14 feet, thence S 63017'22" E 140,07 feet, thence S 36003' 56" E 200,] 6 feet, thence S 54045'53" E 100,10 feet, thence N 89051"20" E 186.07 feet, thence N 00025'05" E 751.91 feet, thence N 89046'40" W 192,00 feet, thence N 00025'05" E 251.88 feet, thence N 89046'40" W 639.46 feet to the point of beginning. Contains 14.68 acres, SECTION 2: That the above~described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho, SECTION 3: That the real property herein by this ordinance mmexed to the City of Meridian hereinabove described shall be zoned Medium Density Residential District (R-8). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled, SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. ANNEXA TION AND ZONING ORDINANCE (AZ-03-003) PAGE20F4 SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code 963-2215 and 950-223, PA~SED BY TIIE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 27-rf, day of mat ,2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 27~ day of IJ-1ti?- ,2003. ;;) >0-~ ~~/: '\\\_i Of MEFit/.I///1 ~"'\.::\' . . <../4., ll'i ~ & f',POR ~ ~ $" cP ~~ ~ ATTEST: f ~ 0 ~ ~ SEAL ~ dL ~/l ~"t "u ~& ~ 7...- /f/ ~ "'. 0u '\ 0':;- ~ F,' ~_70 '8"'181' .:f- ~ C LERK ~,:, "1 , (.) t;- ..........' ITY C z:: 7 3 II 0.11 ~"'"1:'l '\: ,.... First Reading: ;/-2 --tJ /(I/(.~::."::.".,;\\\\\\\ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50- 902 Yes: K No: - Second Reading: Third Read ing: ANNEXATION AND ZONING ORDINANCE (AZ-03-003) PAGE30F4 STATE OF IDAHO,) ss. County of Ada ) On this 2..'1 day of_VVL~ ,2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D, CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk ofthe 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) .._.10411I11I11 .90NS4>o .. ~ --- './Ii.o 41~~"OT~'~". t;r~,' ~ ;;... .-'":. . -", \-.>"ca tI , , a II I I tl a 1 I ,. . , 1 13 0. ' , Q ~'fo.m; ,oil' V' .... ; 0 ... tJ';?,,_ l<:~~O 41 .. <1~----- ~<.. ..~-C"OF~..+ -.BaG Sht1lL oYi $ rvGl +e-- NOTARY PUBLIC FOR IDAHO RESIDING AT: Ada Cn~ JcfcJw MY COMMISSION EXPIRES: 'j...f-l&-oS Z:\Work\M\Mcridian\Mcridian I 5360M\Timberfalls Sub AZ 03 003 PP 03 002V\ZOrd.doc ANNEXATION AND ZONiNG ORDINANCE (AZ-03-003) PAGE40F4 -- WS!:LI :>WWWW~",", lo :> - ~ 0 0 C>~c<>~~m~~y~ z C\I y ~ h- (;) lO r- <D C\I - - 0) CO ,- 0 V lO ..,. 0 0::0(<)........ 0000 <(C\lO 0 (.,(O-V 0) 0) 0 WOC\ltO(o(<)l.OCOCOZ m 0 <.oz CO en en 00 Z Z 0000 W ..J m ~J: o)"VI'-(oO~g~ I-C\I(<)....q.... . WC><<!' oc:i~~~;:o ZZ-V~~"VOO..........C\I ...JWr.....C\I<t-,-N~ ..J <.0 r- IX) 0) ~:i~~::!i~..J-'..J..J ..J I I I I I I I I I I l_J I (' co ..J I- ] r- ~ t- t- I I \ '- ...J:0 ~l~ ~'" i-- ~ ~ i'Ii >-- u "' to " " ~ al NVlOIl3v.i N o -., (IJ ;>: aJ z~ w <(~;?; a: O~&3 z 0:: Ii" ~ (<) Ww<( I- ~~g_ <.0 LL 0:: ~ g Ol=!o U >- ~ffi Q) I- '::i: en -w o~ ~ 0:: CI -(~ o~ ~~/ ~ ~ CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR" City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No, 03-(&2...6 , passed by the City Council of the City of Meridian, on the 27fl::. day of 1J1.tl.1-- ,2003, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian, ~A STATE OF IDAHO, ) ss. County of Ada, ) On this ~ "l+~ daX of m~ ' in the year 2.003, before me, ;) V/J1IMr)/f/IU'& , a Notary Public, appeared WILLIAM G. BERG, JR" known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian_ (SEAL) .s1!lIl"lllilO ..ON 8J1~'" ~. ~~~--~-:.~ ,;... .. ,~ ~ A h,",:r ~ .. .. " OJl.-"'4"(').'''"..A--.. 1:1 I~ ~~~_ lilCo:) I ~- \ III '" : \ II : I : : II \ ' II " \ ' . .... C I fI .. _n....br-~ ~,'o 4- v~ ,-=.. Ujj]..l~.. .. .. ~?;.~--~...n .. ..~"'.uOF ~.. ........... 2{;zarcrn J/Ut 'fh Notary Public for Idaho Commission Expires: Lj - Z-ff-o[; Z:\Work\M\Meridian\Meridian 15360M\Timbcrfalls Sub AZ 03003 PP 03 002'CertificationOIClerkOrd,doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-03-003 \u BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF CLARK DEVELOPMENT FOR APPROVAL OF FINAL PLAT FOR KRISPY KREMES SUBDIVISION, LOCATED WEST OF NORTH EAGLE ROAD AND SOUTH OF EAST FAIRVIEW AVENUE, MERIDIAN, IDAHO C/C OS/27/03 ) ) ) ) ) ) ) ) ) ) CASE NO. FP-03-025 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 May 27, 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 David McKinnon Planner il for the Planning and Zoning Department, and Bruce Freckleton, Engineering Teclmician ill, and that Brad Hawkins-Clark Planner ill for the Planning and Zoning Department, and Stan McHutchison, commented at the hearing, and the Council having considered the requirements ofthe preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KlUSPY KREMES SUBDIVISION / (FP-03-025) Page 1 of4 i 1. The Final Plat of "KRISPY KREMES SUBDIVISION" as evidenced in Plat bearing: "PLAT OF KRISPY KREMES SUBDIVISION, A RESUBDIVISION OF LOTS 1 AND 10, BLOCK 1, TREASURE VALLEY BUSINESS CENTER, A PORTION OF THE NE ~ OF SECTION 8, T.3N., R.IB., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2003, 30404-PLT.DWG MEM 04/16/03, HANDWRlTTEN DATE: 4/17/03, STAMPED DATE: APR 24, 2003, SHEET 1 OF 2, GEMTONE INC, - DEVELOPER, BRIGGS ENGINEERING, INC. - CONSULTING ENGINEERS", Gemtone me., Developer, is Conditionally Approved subj ect to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician ill, and David McKinnon Planner II for the Planning and Zoning Department, dated Hearing Date: May 27,2003, listing 16 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 May 27,2003 meeting as follows, to- wit: 1.1 Comply with the Meridian Fire Department's requirements as follows: 1. Provide a fire-flow per the UFC Appendix ill-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 3, All roads shall have a turning radius of 28' inside and 48' outside. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KRISPY KREMES SUBDIVISION / (FP-03-025) Page 2 of 4 4. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times_ UFC 902.2.2.1 5. Operational fire hydrants and temporary or permanent street signs are required before combustible constnlction begins, UFC 901.4.2 & 901.3 6. Provide a vertical clearance of 13'6" in drive-thru areas_ 1.2 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 CUITent 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 ofIdaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook, Prepared by City of Boise Public Works Department, May 2000. 1.3 Comply with the Ada County Highway District as follows: 1. Comply with the conditions listed in their April 10, 2003 letter pertaining to the conditional use permit. 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: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KRISPY KREMES SUBDIVISION / (FP-03-025) Page 3 of 4 1. The Plat dimensions are approved by the City Engineer; and 2, The City Engineer has verified that all off-site improvements are completed andior the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements, By action ofthe City Council at its regular meeting held on the 2'rrh-. day of VVUXAf ,2003. BY:~. \\\llIIIlUlIlltf,;ROBERT D. CORRIE \,\\ of ~,,~ 'I, . . . ~",~"" . i;Q~~xor, City of Mend Ian Attest: $" c} ~4 r. )1~ /-:::;. ~ if ~o ~ ~ ~ ~ ; '"7" ~ ~ ~ ~ ~ ~ ~~ ~~ f ~ "to ~r 1$'\ . J? f ~ ~ 'f> 't( .$' "'-'1(ll/CouNl"'l . \\..\'.'~ Copy served upon Applicant, the Planning Jf{trtZ!jiim~tDepartment, Public Works Department, and City Attorney. - = ~ - .:::; Bd~P-~9 City Clerk Dated: 6 --4---f) 3 Z:\Work\M\Meridian\Meridian 15360M\Krispy Kremes Sub FP 03 025\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KRISPY KREMES SUBDIVISION / (FP-03-025) Page 4 of 4 MA VOR Roben D. Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 466-9272 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500. Fax 887.1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 - FAX 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird Cherie McCandless William L.M. Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 STAFF REPORT: Hearing Date: May 27,2003 To: Mayor & City Council David McKinnon, Planner II J::j.A. ~ Bruce Freckleton, Assistant to City Engineer ~ RECEIVED MAY 2 2 2003 City Of Meridian City Clerk Office From: Re: KRISPY KREMES SUBDIVISION · Request for Final Plat Approval of Krispy Kremes Subdivision, Consisting of 4 Building Lots on 5.76 Acres in an I-L Zone by Clark Development (File No. FP-03- 025). 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 AND LOCATION The applicant, Clark Development, has requested approval of the final plat for Krispy Kremes Subdivision, consisting of 4 commercial building lots, located at the southwest corner of the Fairview Avenue and Eagle Road intersection. The submitted final plat is the first phase of the Treasure Valley Subdivision No.3 Plat approved ofin January of this year. Staff has reviewed the submitted final plat and has found that it is in substantial compliance with the approved Preliminary Plat (File No. PP-02-24). Staff finds that the proposed subdivision complies with the City's Subdivision Ordinance and offers the following conditions of approval: CONDITIONS OF APPROVAL 1. Applicant shall comply with all conditions and requirements of the approved preliminary plat. 2. 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 jurisdiction, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. FP-03-025 faA. 'h,Y H II k# / ()I'~SPY Kremes, FP Mayor and Council Transmittal Date: May 22, 2003 Page 2 3. Compaction test results must be submitted to the Meridian Building Department for all building lots receiving engineered backfill. 4. The design 0 f drainage areas shall ensure t hat water is retained 0 illy during 1 00- year storm events for a period of time not to exceed 24 hours. 5. The water system shall be approved and activated, pressurized irrigation system approved and ac~ivated and road base acceptable for fire and emergency vehicles prior to applying for additional building permits All development improvements shall be installed and approved prior to obtaining certificates of occupancy on the second building within the subdivision. A letter of credit or cash surety in the amount of 11 0% will be required for all, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the [mal plat. Staff is granted the authority to make lot-by-lot determinations regarding the timing of landscaping installation, 6. The submitted landscape plan, prepared by the Land Group, Inc, dated 3-25-03, is approved for the perimeter landscaping oilly (adjacent to Fairview Avenue and Eagle Road). The internal landscaping of all of the lots other than the Krispy Kremes lot (Lot 2) will be reviewed at the time of development. Landscaping adjacent to Fairview and Eagle shall be installed prior to occupancy of any of the lots created by this subdivision. A written agreement between the property 0 wner and A CHD a Howing all landscaping within the p uhlic right-of-way shall be submitted to the Planning and Zoning Department prior to signature of the final plat. 7, Sanitary sewer and water service to this site are as approved by Meridian Public Works Department. Water and sewer mains will not be allowed within landscape areas or beneath landscape islands. 8. 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. 9. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Settlers Irrigation District. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a well or surface source is not available, a single-point connection to the City of Meridian's domestic water system will be allowed for the development. In the event that domestic water is used as a backup source, common areas within the development will be subject to City of Meridian water assessments. Payment of water assessment fees for the common areas is required prior to city signatures on the final plat map. 10. A drainage plan designed by a State of Idaho 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 the Department of Enviromnental Quality 1997 publication, "Catalog of Storm Water Best Management Practices for Idaho Cities and Counties" and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving FP-Q3-025 Krispy Kremes FP GxIt. /;/t Nit" f~ a/J ~ Mayor and Council Transmittal Date: May 22, 2003 Page 3 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 on the final plat. 11. Please add or revise the following plat notes: (8.) .. . approved by ACHD and the City of Meridian. direct lot... 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. Coordinate fire hydrant placement with the City of Meridian's Public Warks Department. 14. Add recording instrument numbers for the existing sanitary sewer and water easements. 15. 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. 16. Provide detached five-foot-wide sidewalks on Fairview Avenue. Sidewalks are not required on Eagle Road FP-03-025 E~.b.l "11" $0/13 KrispyKrernesFP BEFORE THE MERIDIAN CITY COUNCIL ( i -L .. IN THE MATTER OF THE APPLICATION OF PINNACLE ENGINEERS, INC. FOR APPROVAL OF FINAL PLAT FOR SCOTTSDALE VILLAS SUBDIVISION NO.1 AND NO.2, LOCATED SOUTH OF FRANKLIN ROAD ON S.W. 8TH STREET AND ALDEN STREET, MERIDIAN, IDAHO C/C OS/27/03 ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-03-026 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 May 27,2003, 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 David McKinnon Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and that Brad Hawkins-Clark Planner III for the Planning and Zoning Department, Brad Watson City Engineer, and Clint Boyle, 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: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SCOTTSDALE VILLAS SUBDNISION NO.1 AND NO.2 / (FP-03-026) Page 1 of5 1. The Final Plat of "SCOTTSDALE VILLAS SUBDIVISION NO.1 AND NO. 2" as evidenced in Plat bearing: "PLAT OF SCOTTSDALE VILLAS SUBDIVISION NUMBER 1 AND NUMBER 2, A RE-SUBDIVISION OF A PORTION OF SCOTTSDALE SUBDIVISION BOOK 82 PAGE 8916, A PORTION OF THE NE ~ OF THE NW ~ OF SECTION 13 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDHAO 2003, DRAWING NO. C026018_FP, SHEET 1 OF 2, HANDWRITTEN DATE: 29 APR 03", Wolfe Commercial Enterprises, 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 David McKilmon Planner II for the Planning and Zoning Department, dated: Hearing Date: May 27, 2003, RECEIVED MAY 22, 2003 CITY OF MERIDIAN CITY CLERK OFFICE, listing 14 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 May 27,2003 meeting as follows, to- wit: 1.1 Comply with the action of the City Council taken at their May 27, 2003 meeting as follows: 1_ For clarification on the to staff comments for Conditions of Approval, and specifically to number 4, it shall read as follows: 4. Additionally, the water and sewer main sizing shall be residential use as per Public Works Department, and the routing shall be required to be coordinated with the Pubic Works Department. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SCOTTSDALE VILLAS SUBDIVISION NO.1 AND NO, 2/ (FP-03-026) Page 2 of 5 1.2 Comply with the Meridian Fire Department's requirements as follows: 1. That a fire-flow as required by the Uniform Fire Code shall be available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. All radii shall be 28' inside and 48' outside radius. 3. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901,4.2 & 901.3 4. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 5. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 6, Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 1.3 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SCOTTSDALE VILLAS SUBDIVISION NO. ] AND NO. 2/ (FP-03-026) Page 3 of5 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 1.4 Comply with the Nampa & Meridian Irrigation District as follows: 1. The Final Plat does not show the easement of the Eight-Mile Lateral. The Final Plat needs to show all easements pertaining to the project. 2. The final plat upon which there is contained the Certification and signature ofthe 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 2"1-1:1. day of W\ CAJ'fJ ,2003. BY:~, ROBERT D. CORRIE H\\1 llll III/II M C' f 'd' \\\\\\' Of MfR; I11I111 ayor, Ity 0 Men Ian Attest: ,....~ ..:--\ l.c~ //-;. ,,~, '-M. ". ~ (j o~OH-4l::'v ~ .:;: .:;,.0 ~o .... ~ ~ ~ JI~ b-;Je-.~ ~ y f,' ~ William G. Berg, j;.,"cffy C er~ "10 U.sr 16\....C5 P f \....,:r:t c;~<3?'"....,,""~ /; \.", ". 0:-' ,\' I i.. _', ,\ \\ ORDER OF CONDITIONAL APPROV At: OF .FINAL PLAT FOR SCOTTSDALE VILLAS SUBDIVISION NO.1 AND NO.2 / (FP-03-026) Page 4 of 5 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney, By:,-;t~/5~ 9- City Clerk Dated: b - ;; -- () :5 :; fl € ~~ Of ~ '()"1 t.:J!o ~ "'''-// Co'", ,~.~{ .'{\),~...,,,,~ 1/1/.. v:', l . \\\ ~u l' ,;n~,.;'.. :", ~ ~:,": 11.' Z:\Work\M\Meridian\Meridian I 5360M'Scottsdale Villas Sub NO.1 FP 03 026'OrderFP_doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SCOTTSDALE VILLAS SUBDIVISION NO.1 AND NO.2 / (FPw03-026) Page 5 of 5 MAYOR Robert D, Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 466-9272 ,Fax 466-4405 PUBLIC WORKS BUILDING DEPARTiVlENT (20&) 887-22ll . Fax 837-1297 CITY COUNCIL MEMBERS William LM. Nary Keith Bird Tammy deWeerd Cherie McCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433, FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 PLANNrNG AND ZONING DEPARTMENT (208) 884-5533 FAX ~l)~-(,X:,-l lVIEMORANDUM: From: Bruce Freckleton, Engineering Tech ill Hearing 1]])..1 eti14.~ q j?, ~P+n. -i\,j.2J \...i 1!, 1 V l!] D MAY 222003 David McKinnon, Planner II " J A C~ty Of Meridian V' \ Clty Clerk Office Request for a Final Plat Approval of Scottsdale Villas Subdivision No.1 and No.2 Consisting 0 f Nineteen ( 19) Residential Building Lots and Two "Other" Lots 0 n 3 .1 Acres in an R-lS Zone (Approved as a Planned Development) by Pinnacle Engineers, Inc. (File No. FP 03-026) ~ To: Mayor and City Council Re: 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 The applicant, Pinnacle Engineers, Inc. is requesting Final Plat approval of both phases of the Scottsdale Villas Subdivision, l(Jcated on S.W. Ei@th Street an4W~Alden Drive, approximately150 fe~tsouth ofFrankliriRoa4. ThePreliminaiyPlat (PP-02-029) and a ConditionallJse P ennit for a Planned Development (CUP:'02-045) were approved by the City Council in February 2003. Scottsdale Villa Subdivision is a 5Sandoldersenior housing project with both attached and detached housing options. Thenet density ofthe subdivision is 6.13 dwelling units per acre. . ,;','.- ," -," . ,., ',' . . ~ - " . . -' . .,' , -',C"_"'_ __' n"", .,,'_' . " . . . . . . ' - - . -. ' . . . , . . -' -,' . ",". Staff reviewed the proposed FmalPlat submissiorlaD.d has determined that it . IS III substantial compliance with the approved Preliminary Plat, Conditional Use Permit and the City's Subdivision Ordinance (Title 12 of the MCC). Staff offers the following conditions of approval for the submitted application: CONDITIONS OF APPROVAL 1. Applicant is to meet all terms of the approved Preliminary Plat (pP-02-029) and Conditional Use Permit (CUP-02-045). 2. The pressurized irrigation system within this development is to remain connected to the City's Municipal Water system as previously approved by variance. Back flow prevention devices shall be required per City of Meridian specifications. 3. The water system shall be approved and activated, drainage lots constructed, and fencing instal1ed prior to applying for building permits, . other than the seven previously approved. All development improvements, including landscaping shall be installed and approved prior to F?-03-026 5Jt.'/),.j ~ }t iii I a]VillaS Sub No! and .1.doc Mayor and Council Transmittal Date: May 22, 2003 Page 2 obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, sanitary sewer, water, etc" prior to signature on the , ~ final plat. . (" &~ V~~~4_ Sanitary sewer service and municipal water to this site shall be via extensions from existing ") KO~;p(j)\ _~;\inains installed through the proposed subdivision. Subdivision designer to coordinate main \ij.J eP 'iP 'Oizing and routing with the Public Works Department Qj .{) . ij-~fJI 5. Applicant shall be subject to sanitary sewer latecomers fees to reimburse those responsible for I" bringing service to the area. Latecomers fees shall be due and payable for each lot prior to City of Meridian signatures on the final plat. 6. Design engineer to provide a statement of compliance, prior to the approval of development plans, which certifies that the centerline finish grade of the streets, public or private, is at least three feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least one foot above the high groundwater. 7. Please add or revise the following plat notes: (1.) Revise note to reference the special setbacks as approved under CUP-02-045 and PP- 02-029, . 8. The revised landscape plan, dated 11-15-02, removing the "drainage ponds" from the open space/pathway lots, is approved as submitted, 9. Complete the Certificate of Owners and accompanying Acknowledgment. 10. 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. 11. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 12. 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. 13. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 14. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest Fp.03.026 ~I> I "h -J If..d", ~ ('Sc!fdale Villas Sub No.1 and 2 c:~. iT r' ~DT-:J Mayor and Council Transmittal Date: May 22,2003 Page 3 established normal groundwater elevation. FP-03.026 E,.tt".~bt'l It A.' 1~~jottsda]e Villas Sub No.1 and 2 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF GEMTONE, INC. FOR APPROVAL OF FINAL PLAT FOR GEMTONE CENTER NO. 5, LOCATED WEST OF NORTH EAGLE ROAD AND SOUTH OF EAST FAIRVIEW AVENUE, MERIDIAN, IDAHO C/C OS/27/03 ) ) ) ) ) ) ) ) ) CASE NO. FP-03-027 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 May 27,2003, and the Council finding that the Administrative Review is complete which ~as included certain comments as stated in a letter to the Mayor and Council from David McKinnon Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and that Brad Hawkins-Clark Planner III 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 "GEMTONE CENTER NO.5" as evidenced in Plat bearing: "PLAT OF GEMTONE CENTER NO, 5, A SUBDIVISION, A PORTION OF THE EAST 12, SECTION 8, T.3N., RIB., B.M., MERIDIAN, ADA COUNTY, IDAHO 2003, SHEET 1 OF 2, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GEMTONE CENTER NO.5 / (FP-03-027) Page 1 of 5 303 1 IPLT. MEM 04/21/03, HANDWRITTEN DATE: 4/22/03, STAMPED DATE: APR 22 2003, GEMTONE, INC. - DEVELOPER, BRIGGS ENGINEERING, INe. - CONSULTING ENGINEERS", Gemtone, Inc., 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 David McKinnon Planner II for the Planning and Zoning Department, dated: Hearing Date: May 27,2003, RECEIVED MAY 22, 2003 CITY OF MERlDIAN CITY CLERK OFFICE, listing 20 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 of approval to conditions from Becky McKay of Engineering Solutions dated May 27,2003, a true and correct copy of which is attached hereto marked Exhibit "B", and consisting of one page, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their May 27,2003 meeting as follows, to-wit: 1.1 Comply with the Meridian Fire Department's requirements as follows: I, That a fire-flow as required by the Uniform Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of350' apart. 1997 UFC Appendix III-A 2, All roads shall have a turning radius 0[28' inside and 48' outside, 3, Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 4. Acceptance of the water supply for fire protection will be by the Meridian Water Department, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GEMTONE CENTER NO, 5 / (FP-03-027) Page 2 of 5 5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 ofthe UFC 8, All building uses and processes to comply with the fire code in effect at the time of construction, 9. Vertical clearance for driveways shall be 13' 6", this may affect tree placement in landscaping areas. 1 O. The driveway shall have a clear driving surface which is 20' wide available at all times. 11. The turnaround on the North end ofN. Machine Ave. is approved as shown. 1.2 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GEMTONE CENTER NO.5 / (FP-03-027) Page 3 of5 1.3 Comply with Settlers' Irrigation District as follows: 1. That all irrigation/drainage facilities along with their easements be protected and continue to function. The lateral involved is the Highline Lateral #48. 2. A license agreement will need to be signed and recorded prior to construction of any S,LD. facilities. 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. 5_ The development must supply irrigation access to all lots within the subdivision. IF the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system, an addendum to the existing Gemtone agreement needs to be in place prior to the pre- construction meeting. 1.4 Comply with Nampa & Meridian Irrigation District as follows: I. Nampa & Meridian Irrigation District requires a Land Use Change Application be filed before the District can reply on the Final Plat. 2. Snyder Lateral courses through the northwest corner of the proposed project. The recorded easement for the Snyder is forty feet, twenty feet on each side. 3. All storm drainage must be retained on site. Alllatrals and wasteways must be protected. The developer must comply with Idaho Code 31-3805. 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: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GEMTONE CENTER NO.5 I (FP-03-027) Page 4 of5 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 21.fh day of rYL~ ,2003. Attest: By: ~./. ROBERT D. CORRIE \\\\\11 II tllt/J1 Mayor City of Meridian \\\\ ~r-' III ' '\\'_1 Of i'lli:::.I1ID 111// .:;.' ~... - ,zt...... .:::" 6 ol0?on4~ ~ ~ " 0 ~.A -;. :; ~ v ~ ~ ~ := ::. SEAL - -p &: ~ &Q. "OJ 0 :.:- ~ "1.1". USr 15\ / _,'" $ '"/ ~ ------ ,,,,, "... -1 - ...'\)", ..;. C.,... ('.", 7/ v'r'.t'7-'"'. ,'\' IIJloo 'w',~0:0 0 \\\\ l~I.i..~:;",;!';.I- ,~<, ;~'.J-"l. Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. By:d!~ A I.k-;-, 9- City Clerk Dated: 6- ;--tJ 3 Z:\Work\M\Meridian\Meridian I 5360M'Gemtone Center NO.5 FP 03 027'OrderFP,doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GEMTONE CENTER NO.5 / (FP-03-027) Page 5 of5 MA YOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 466-1)272 fux 46l>-4-l05 CtTY COUNCIL MEMBERS Tammy deWeerd Keith Bird Cherie McCandless William L.M_ Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . FAX (208) 887-4813 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 ~88-6854 STAFF REPORT: Hearing Date: May 27,2003 Re: GEMTONE CENTER NO.5 RECEIV.E.D MAY 222003 C~ty Of Meridian CIty Clerk Office To: Mayor & City Council David McKinnon, Planner II 'bJA ~ Bruce Freckleton, Assistant to City Engineer ~ From: · Request for Final Plat Approval of Gemtone Center No.5, Consisting of Seven (7) Commercial Building Lots and Two (2) Other Lot on 12.08 Acres in an I-L Zone by Gemtone Inc. (File No. FP-03-027). \Ve 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 AND LOCATION The applicant, Gemtone, me., has requested approval of the fmal plat for Gemtone Center No.5, consisting of 7 commercial building lots and 2 "other" lots located approximately Y2 mile west of Eagle Road on the north and south side of Pine Street. Staff reviewed the submitted final plat and has found that it is in substantial compliance with the approved Preliminary Plat (File No. PP-02-28). Staff finds that the proposed subdivision complies with the City's Subdivision Ordinance and offers the following conditions of approval: CONDITIONS OF APPROVAL 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage jurisdiction, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Compaction test results must be submitted to the Meridian Building Department for all building lots receiving engineered backfill. 3. The design 0 f drainage areas shall ensure t hat water is retained 0 n1y during 1 00- year storm events for a period oftime not to exceed 24 hours. FP-03-027 EJt,1t; b,.1 'I It.t J Df3N05.FP,dOC Mayor and Council Transmittal Date: May 22, 2003 Page 2 4. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated and road base acceptable for fIre and emergency vehicles prior to applying for additional building permits. A letter of credit or cash surety in the amount of 110% will be required for all, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. Staff is granted the authority to make lot-by-Iot determinations regarding the timing of landscaping installation. 5. All landscaping shall be installed as depicted on the submitted landscape plans, sheet L S-l. prepared by Harvest Designs on 4-21-03. 6. Machine Avenue shall be constructed to a fu1140' street section, with curb gutter and fIve foot (5') concrete sidewalk. 7. Sanitary sewer and water service to this site shall be from new and existing mains. 8. 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. 9. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Settlers Irrigation District. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a well or surface source is not available, a single-point connection to the City of Meridian's domestic water system will be allowed for the development. In the event that domestic water is used as a backup source, common areas within the development will be subject to City of Meridian water assessments. Payment of water assessment fees for the common areas is required prior to city signatures on the final plat map. 10. A drainage plan designed by a State of Idaho 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 the Departme1).t of Environmental Quality 1997 publication, "Catalog ofStonn Water Best Management Practices for Idaho Cities and Counties" and City of Meridian standards and policies. Off-site disposal into 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 on the final plat. 11. 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. 12. Two-hundred-fifty watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design FP-03-027 EtA.:b:+" 1\-' ~Of~neNo5 FP.Doc Mayor and Council Transmittal Date: May 22, 2003 Page 3 locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain an approved design and permit from the Public Works Department prior to commencing installations. 13. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 14. Please identify and show dimension ties for the easement shown across the south end of Lot 5 and 6, Block 5. 15. Complete the recording information for the two temporary turn-around easements shown, 16. The "Real Point of Beginning" symbol, as shown in the plat legend, doesn't correlate with the point as described in the legal description of the Certificate of Owner. Please label as "Real Point of Beginning." 17. The direction (right) of curve C-3 in the legal description of the Certificate of Owners appears to be in error. 18. Provide sidewalks in accordance with City Ordinance Section 12-13-10-8. 19. 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. 20. Staffs failure to cite specific ordinance provisions or terms of the approved Preliminary Plat does not relieve applicant of responsibility for compliance. RECOMlVIENDATION Staff recommends approval of this Final Plat application with the aforementioned comments and conditions. FP-D3-027 E~A "h,~ I 1# fl" 3af j Gemtone No 5 FP.Doc 2;Q89380S41 { p. 1 Et/!!~.!E!!!/le ~OLUTIONSllP 150 East AikcllS SI:rCCI. Suitc B Eagle, ID 83616 Pholle: (208) 938-0980 Fax: (208) 938-0941 May 27, 2003 RECEIVED MAY 2 7 2D03 City Of Meridian City Clerk Office Mayor and City Council City of Meridian 33 East Idaho Meridian,ID 83642 Re: Gemtone Center No.5 (Final Plat) FP~03-27 Dear Mayor and Council: We have reviewed the staff Comments dated May 27, 2003, and concur with aU conditions of approval (Conditions 1-20). Sincerely, ENGINEERING SOLUTIONS, LLP B6 Jk7 Partner BM:ss cc: E. L. Bews Thomas T. Wright E~~.~bil" 13" I 0 f I MRY 27 '03 11:42 "jr.::tOC'1f-::-r"'In.-.~... (; BEFORE THE MERIDIAN CITY COUNCIL C/C OS/27/03 IN THE MATTER OF THE ) APPLICATION OF EARL, MASON ) AND STANFIELD, INC. FOR ) APPROVAL OF FINAL PLAT FOR ) LOCUST GROVE PLACE ) SUBDIVSION, LOCATED WEST ) SIDE OF LOCUST GROVE, y.. MILE ) SOUTH OF FAIRVIEW, ) MERIDIAN, IDAHO ) ) CASE NO. FP-03-028 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 May 27,2003, 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 David McKinnon Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and that Brad Hawkins-Clark Planner III for the Planning and Zoning Department, and Scott Stanfield, 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 "LOCUST GROVE PLACE" as evidenced in Plat bearing: "LOCUST GROVE PLACE, A PLANNED UNIT DEVELOPMENT, APART OF THE NE1I4 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LOCUST GROVE PLACE SUBDIVISION I (FP-03-028) Page 1 of6 NE 1/4, SECTION 7, T. 3N., R. IE., B.M., MERIDIAN, ADA COUNTY, IDAHO 2003, HANDWRITTEN DATE: 5/23/03, RECEIVED MAY 232003 CITY OF MERIDIAN CITY CLERK OFFICE, EARL, MASON & STANFIELD, INC. - PROFESSIONAL ENGINEERS, LAND SURVEYORS & PLANNERS", L.C. Development, Inc., 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 David McKinnon Planner II for the Planning and Zoning Department, dated: Hearing Date: May 27, 2003, RECEIVED MAY 22,2003 CITY OF MERIDIAN CITY CLERK OFFICE, listing 21 Conditions Of Approval, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, and the response letter from R. Scott Stanfield of Earl, Mason and Stanfield, Inc. dated May 23,2003, a true and correct copy of which is attached hereto marked Exhibit "B", and consisting of one page, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their May 27,2003 meeting as follows, to-wit: 1.1 Comply with the action of the City Council taken at their May 27, 2003 as follows: 1. Pertaining to the Conditions of Approval and in particular the following numbers 5 and 7 a. shall read as follows, and number 17 shall be deleted in its entirety: 5. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, perimeter fencing installed, and proof that the road base meets Ada County Highway District standards prior to applying for building permits. All development improvements shall be ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LOCUST GROVE PLACE SUBDIVISION I (FP-03-028) Page 2 of6 installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 7. The proposed fencing plan is approved with the following corrections: a. Fencing adjacent to the public pathway may be constructed as a semi-private fence with the bottom four feet having separation between the slats to provide a degree of visibility and the top 2 feet of the fence to be open lattice as proposed. If solid fencing is used adjacent to the pathway, the fence would be limited to four feet in height. 1.2 Comply with the Meridian Fire Department's requirements 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 of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Commercial occupancies will require a fire flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 3, Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 5. All roads and fire lanes shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LOCUST GROVE PLACE SUBDIVISION / (FP-03-028) Page 3 of6 combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. The typical street width of 3 3' will be allowed to have parking on both sides. The typical street with a minimum width of29' will be required to have restricted parking to only one side. UFC 902.2.2.1 8. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 1.3 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a storm water 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 Envirorunental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 1.4 Comply with the Parks Department as follows: 1. The applicant shall be required to make sure the Parks Department consents to the pathway on the plat. 1.5 Comply with Nampa & Meridian Irrigation District as follows: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LOCUST GROVE PLACE SUBDIVISION / (FP-03-028) Page 4 of6 1. Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. 2. All storm drainage must be retained on site. All laterals and wasteways must be protected. (I.e.: The Jackson Drain courses along the south boundary. The easement for this drain is sixty feet, thirty feet from center each side.) This easement must be protected and any encroachment without signed License Agreement and approved plans is unacceptable. The developer must comply with Idaho Code 31-3805. 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 2. rz-l:t---- day of mGU-~ ,2003. BY:~~ ROBERT D. CORRIE Mayor, City of Meridian Attest: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LOCUST GROVE PLACE SUBDNISION / (FP-03-028) Page 5 of6 \\\1111l1l1/JIIJ/ \\\ C ~l'J:.' I" "-'\\_1 O. Ivl.....RID III"" " ='.... .~ '/ ....,' c} f\PO;:;> A '1--::.:;. .:: CP' "'l )'<8 ~ 2 ~ <:> ~ ~ ~ - - J/ ~ SEAL ~~e~~ ~\<<t,~rls' ,'~:~i /;.. 0,..... . '\}' ,..::- .1.(1 vI. g'J-fi. \...." 1//{1 ~." · . . \\\\ <I:'li";t; l't'\'''' Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. - .;.. B~L ' ~~C). Ity Clerk I . Dated: 6- --oS Z:\Work\M\Meridian\Meridian 15360MlLocust Grove Place Subdivision FP 03 028'OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LOCUST GROVE PLACE SUBDNISION / (FP-03-028) Page 6 of6 MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 466-9272 - Fax 466-4405 CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird Cherie McCandless William L.M. Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433' FAX (208) 887-4813 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 STAFF REPORT: Hearing Date: May 27,2003 To: Mayor, City Council and Planning & Zoning Commission Bruce Freckleton, Senior Engineering Tech.~ David McKinnon, Planner II J:)A Locust Grove Place Subdivision RECEIVED MAY 222003 C.t c~ZOfMeridi 1".1 Clerk O.re an .l..LlCe . Request for Final Plat Approval of Seventy-Four (74) Residential Building Lots, Two (2) Commercial Lots, Eight (8) Common Lots and a Private Street. Lot on R-40 and C-C Zoned Land, by Earl, Mason and Stanfield, Inc. (File No. FP-03-028) From: Re: We bave 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 The applicant(s), Earl, Mason, and Stanfield Inc., have requested Final Plat approval of the Locust Grove Place Subdivision, located on the west side of N. Locust Grove Road, approximately 1/4 of a mile south ofPairview Avenue. Staffhas reviewed the submitted final plat and has found that it is in substantial compliance with the approved Preliminary Plat (pP-02-26), and Conditional Use Permit (CUP-02-041). Staff fmds that the proposed subdivision complies with the City's Subdivision Ordinance and offers the following conditions of approval: CONDITIONS OF APPROVAL 1. Applicant shall comply with all of the conditions of the approved preliminary plat (pP-02- 026) and Conditional Use Permit (CUP-02-041). 2. Deed or otherwise convey ownership of the Jackson Drain pathway to the City of Meridian upon completion of the pathway construction. The City Parks & Recreation Department will accept responsibility for the maintenance of the pathway surface at that time. Pathway shall be constructed prior to issuance of the first Certificate of Occupancy within the subdivision. FP -o~.02S &-h;b,'/*'A" I ofl/ Locust Grove Plo",,_Fi' Mayor & City Council Transmittal Date: May 22, 2003 Page 2 3. Submit compaction .test results to the Meridian Building Department for all building pads within lots receiving engineered backfilL 4. Design drainage areas 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. . ~ \ .,t~ll~t signs are to b e in p lace, water sy stern s 1:"11 b e a pproved and activated, pressurized · i'/./'b.JI5f;;~ im atlOn sys.t7~kl~.RiliqyJl4 and ,;~c4-vated1 drmnage lots constructe1" pePIR.~er fencmg ) ~ ;~,\ cu: ,.,., talled1 andlAtaa'1:)M(P<wr~;ea:t~ Ada County Highway DistricfriiOr"to aPPlying for \(}J@~, ~J,jj{t u'lding permits. All development improvements shall be installed and approved prior to o \Y~' . ~ o15taining certificates of occupancy. A letter of credit or cash surety in the amount of 110% I "~ will be required for all fencing, pathways1 landscaping, pressurized irrigation, sanitary sewer, J0 ~\'f) water, etc., prior to signature on the final plat. ;\'Y 6. The proposed landscaping plan is approved with the following corrections: a. The internal planter island located on the northern side of the office parking lot shall be a minimum of 5 feet wide (measured from the interior of the curbing) and shall contain at least one (1) tree per MCC 12-13~11-3E. A revised Landscape Plan shall be submitted to Planning & Zoning for staff review and approval prior to city signature on the final plat. 7. The proposed fencing plan is approved with the following corrections: . '~;-~~.FenCing adjacent to the pub!ic pathwa~.~\e constructed as a se~i-private fence t(;<t.? O;tJ.,"t; { wIth the bottom four feet havmg separatlOn between the slats to provide a degree of _ ~ () l~1). t I, visibility and th.e top, 2 fee~fthe fence to be open J~ttice as proposed. If $ql,.""/<:'!-;"."::tl: r .. 6~ t lL;C~,:~CtAlJgq.c;pi'l~.:o/ t.f ('?o1'h~J+h.e.p4t-~ lLJOt..'-.lal be '(i mirt;:>...(jl.J ro t o-Vv ~a. ;/)Jt1/O:i;JifJtMf pt~en~l[en~i~g ~Jacent to Lot 44. and Lot 58 matching the fencing adjacent ~. ~ +, i!5 {) I to the office buildings _(6' vinyl). l +..(;) it. tl-~~(.{: I ....J<-~vised ~encing plans shall be submitted to Planning & Zoning for staff review and approval j )t,. . pnor to SIgnature on the final plat. 8. Coordinate water and sanitary sewer main sizing and routing with the Public Works Department. This development shall be subject to sanitary sewer latecomers fees to reimburse those responsible for extending these systems to the area. The latecomers fees shall be paid in full prior to signature's of the City on the final plat map. 9. The applicant has indicated that the pressurized irrigation system within this development is to be owned and operated by the Settlers Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system FP -03-02& 6.A.'b:/ .t"" dot ~ Locmt~v.PI~..FP Mayor & City COlUlcil Transmittal Date: May 22, 2003 Page 3 shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 10. Increase the public utilities, drainage and irrigation easement width to 8-feet along any side lot line where pressurized irrigation mains pass. 11. Submit a signed, stamped statement from a professional land surveyor certifying that all street finish centerline elevations are set a minimum of three feet above the highest established nonnal groundwater elevation. 12. Delete the square footage notation on each lot. 13. Add lot line and dimensions across the openings of the private roads, (Lot 45, Block 1), where they meet the new public road dedication for Locust Grove Road. 14. Please add or revise the following plat notes: (4.) "Complete recording information" (10.) Anv fe-subdivision of this plat shall comvlv with the avvlicable Zoninsz Regulations in effect at the time of re-subdivision. (I1.XJ The owner of each lot. across which passes an irrigationldrainaze ditch or vioe, is I (Y resvonsible for the maintenance thereof. unless such responsibilitv is assumed bv an .A\.~ ff irrigationldrainasze district. ~\J""~112-.-tr The bottom elevation 0 structural ootin shall be set a minimum 0 12-inches above <l. \t ?f.1;1 ' the h;"hest established norma; ""o"nd water elevation. ~- ,'\:} t~. Complete the Certificate of Owners and its accompanying Acknowledgement. /\ .;y I ' () ~, ~'l~t;" 16. In accordance with MCC 12-13-10-8, Applicant shall provide detached sidewalks adjacent to )ft,X ft~' N. Locust Grove Road. \, 0. eJ:X - ~ · . \ t.~.,>>1 ~ dscaping'o ' . ally sho along the gray pathway on'" e prer . ary pI has~, en ~/ ,0 ~ de~et '\ on the "p '. posed f~al .. t landscape p \.' Applic~." shall I"'\. scape ~ ,\e are,s J \ ~ ~~ adJacen ..to the patli", ays WIth at le..t grass and/ors, bs and gr dcover; Trees a also ~~. .~ encourag in any areas allowed by the ublic Works D t. ~...&j i:J 18. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. (Wells may be used for non- domestic purposes such as landscape irrigation.) 19. Install 2S0-watt and IOO-watt, high-pressure sodium streetlights at locations designated by the Public Works Department. Street light contractor shall obtain an approved design and permit from the Public Works Department prior to commencing installations. 20. In accordance with MCC 12-13-13, replace any tree over four (4) inch caliper that is removed from the property with an equivalent number of caliper inches of trees. (Required FP ....{J3~28 Jf:" l'l.+ II Lj ., ~.. () .. J .~ ~I\'D' " J or.., LoCUSl Grove Plac..FP Mayor & City Council Transmittal Date: May 22, 2003 Page 4 landscape buffer trees will not be considered as replacement trees for those trees that have to be removed.) 21. Remove the "Water Department" reference in the domestic water service origin portion of the Certificate of Owners. t~;b;4 It 1) It L/ ()f L/ LoeLlS' Grove PlilCe.FP FP -1l3-O28 u ..... __._ _____.,. ..._ _.....................,lJ-l.Jy,: Jw:au.Uim. .<XL. vr..r 1. -+ l,;1l;y UerK ImOOl (0 NO.90S P.1/1 \. MAY. 23. 2003 11=39RM EAR: ',ASSOCIRTES I EARL, J.\.fASON AND STANFmLD, INc. PROFESSION"" E)vG~ERS. LAND St/l(lIS'S'oM .&: PLANNe~ 314 BADXOL/..$'nlJ;E'1' CA.tDWELL, ))10.4110 83605 nU.El"HONE: (208) 454-6256 FAX: (208) 454-0919 Email; ~taDjaeld@e.U'lar:..!:aS1lo~m May 23.2003 RECEIVED MAY 27 2003 City Of Meridian City Clerk Office Mr. Will Berg City of Meridian 33 East Idaho Meri~ Idaho 83642 Re: Locust G:o'Ve Place Subdivision (FP-03-028) Dear Mr. Bag, Enclosed please fiIld 10 copies of the revised plat. We have reviewed the City's corm:nents received. May 23~ 2003 - The following responses colI't:SpDl:l.d to the staff report. Comments not mentioned are comments tha.t we co:ncur with. CONDITIONS OF APPROVAL 2_ The developer is working with the City Attorney regarding the pathway. 5. 1'bis comment references ACHD inspection oftb.e road base. Please not~ internal roadways are private and we question if ACHD will inspect said roadways. If they will) we will concux- with this requirement. If not. the developer is prepared to contract with an independent soils testing compatly to perfonn tbis service. 10. 12. 13, 14. 1 S & 21. Plat has been revised to meet these requirements. We look foxward to the Council heari.ng. If you have any questions, please call Sincerely~ AM-~ R. Scott Stanfield, P .B. Earl, Mason and Stanfield, Inc. Cc: LC Development BI'4Ce Freck1eton David McK:.i.nno.tl. EUih;/" 13 t# I ct' I MAY 27 · 03 11: 33 "~c. ~r.:\OOOOLC~.A ,.,. -.....----